Terms of Service

1. Acceptance of Terms

By accessing or using Data Products' AI assistant service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Data Products provides an AI-powered assistant that interacts with your customers via text chat and voice, answers questions, captures lead information, and helps schedule appointments. The Service includes:

• AI chat widget for your website
• Voice-capable AI assistant
• Lead management dashboard
• Google Calendar integration
• Conversation history and analytics

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

You must be at least 18 years old and have the legal capacity to enter into contracts to use this Service.

4. Subscription and Payment

4.1 Pricing

The Service is offered on a subscription basis at $49/month for the Professional Plan. Pricing is subject to change with 30 days' notice.

4.2 Billing

• Subscriptions are billed monthly in advance
• Payment is processed automatically via Stripe
• All fees are non-refundable except as required by law
• Failed payments may result in service suspension

4.3 Free Trial

New users receive a 7-day free trial. Your payment method will be charged automatically after the trial unless you cancel before the trial ends.

4.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused time in the billing period.

5. Usage Limits and Fair Use

The Professional Plan includes up to 1,000 conversations per month. Usage beyond this limit may result in:

• Service throttling or temporary suspension
• Automatic upgrade to a higher-tier plan
• Overage charges at our then-current rates

We reserve the right to enforce fair use policies to prevent abuse, including automated bot traffic or excessive API calls.

6. Your Responsibilities

You agree to:

• Use the Service only for lawful purposes
• Provide accurate information to the AI for customer interactions
• Not use the Service to collect sensitive personal information (SSN, credit cards, medical details) via chat
• Comply with all applicable laws, including data protection and privacy laws
• Not attempt to reverse engineer, hack, or abuse the Service
• Not resell or redistribute the Service without written permission

7. Data Ownership and License

7.1 Your Data

You retain all rights to your business information and customer conversation data. By using the Service, you grant us a limited license to use this data solely to provide and improve the Service.

7.2 Our Technology

Data Products retains all intellectual property rights to the Service, including the AI technology, software, and documentation.

8. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy. You are responsible for complying with applicable privacy laws when collecting information from your customers through the Service.

For regulated industries (healthcare, finance, legal), you are responsible for ensuring the Service is used in compliance with industry-specific regulations (HIPAA, GLBA, etc.).

9. Service Availability and Support

We strive for 99.5% uptime but do not guarantee uninterrupted service. We may perform scheduled maintenance with advance notice. Support is provided via email during business hours.

10. Disclaimers and Limitations of Liability

10.1 AI Accuracy

While we strive for accuracy, the AI assistant may occasionally provide incorrect information. You are responsible for reviewing conversations and correcting any errors. We are not liable for any damages resulting from AI responses.

10.2 Service "As-Is"

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATA PRODUCTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Data Products from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you provide to the AI assistant

12. Termination

We may suspend or terminate your account if you violate these Terms, fail to pay fees, or engage in fraudulent or abusive behavior. Upon termination:

• Your access to the Service ends immediately
• You remain responsible for any unpaid fees
• We will retain your data for 90 days for account recovery
• After 90 days, all data is permanently deleted

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use after changes constitutes acceptance of the modified Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Kentucky, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Kentucky.

Before filing a lawsuit, you agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails, disputes may be resolved through binding arbitration.

15. Miscellaneous

Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Data Products.

Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

No Waiver: Our failure to enforce any right does not waive that right.

Assignment: You may not assign these Terms. We may assign them to an affiliate or successor.

16. Contact Information

Questions about these Terms? Contact us at:

Email: solomon@dataproducts.us
Address: Data Products, Murray, Kentucky, USA