Terms of Service

1. About Our Service

Velanaris provides custom AI chatbot solutions for small businesses. We create tailored chatbots using your website content and FAQ information, powered by OpenAI's GPT-3.5 technology, and provide you with an embed code to add the chatbot to your website.

2. Service Plans and Pricing

Monthly Plan

• Setup Fee: $150 (one-time, non-refundable)
• Monthly Fee: $50 (first month included with setup, then recurring monthly)
• First Month Total: $200 ($150 setup + $50 first month)
• Subsequent Months: $50/month

Yearly Plan

• Setup Fee: $50 (one-time, non-refundable)
• Annual Fee: $600 (first year total: $650, subsequent years: $600)

Usage Limits

• Each plan includes up to 5,000 AI responses per month (approximately 250,000 tokens)
• Usage resets on your billing anniversary date each month/year
• When the 5,000 response limit is reached, chatbot service becomes unavailable until your next billing cycle

Additional responses available: If you require additional responses beyond your monthly limit, custom payment options are available upon request. Contact us at velanaris@gmail.com to discuss your needs.

3. Payment and Billing

• All payments are processed securely through Stripe
• Monthly plans auto-renew on the same date each month
• Yearly plans auto-renew on the same date each year
• All setup fees are non-refundable
• All subscription fees are non-refundable, including partial periods and yearly plans
• You are responsible for all charges incurred under your account
• You must maintain valid payment information on file

4. Service Setup and Delivery

What You Must Provide

After purchase, you must provide:

• Your business website URL
• Your business email address
• Any specific content or FAQ materials you want included
• Accurate information about your business and services

What We Will Do

We will:

• Review your website and materials
• Manually configure and set up your custom chatbot
• Create appropriate prompts and response guidelines
• Provide you with an embed code for your website
• Deliver the completed service within a reasonable timeframe (typically 3-7 business days)

5. Your Responsibilities

Website Integration

• You are solely responsible for embedding the chatbot code on your website
• You must ensure your website platform can properly display the chatbot
• We provide the embed code but do not guarantee compatibility with all website platforms or themes

Content Accuracy and Monitoring

• You must provide accurate and truthful business information for chatbot setup
• You are responsible for monitoring how the chatbot represents your business after deployment
• You should review chatbot interactions periodically to ensure appropriate responses
• You must notify us immediately if the chatbot produces problematic responses that require adjustment

Legal Compliance

• You must use the service in compliance with all applicable federal, state, and local laws
• You are responsible for ensuring chatbot use complies with industry-specific regulations applicable to your business
• You must include appropriate disclaimers on your website if required by your industry

6. Usage Limits and Restrictions

Monthly Response Limit

• Your chatbot is limited to 5,000 responses per billing cycle
• When this limit is reached, the chatbot service becomes unavailable until your next billing cycle
• No overage fees apply - service simply stops functioning until reset
• We do not provide real-time usage dashboards but can provide usage reports upon request

Prohibited Uses

You may not use our service to:

• Create chatbots for illegal, harmful, fraudulent, or inappropriate content
• Provide medical, legal, or financial advice without proper disclaimers and professional oversight
• Violate any third-party intellectual property rights or terms of service
• Attempt to reverse engineer, replicate, or copy our technology
• Resell or redistribute our service without express written permission
• Impersonate others or misrepresent your business identity
• Harass, abuse, or harm others through chatbot interactions
• Collect personal information from users without proper consent and privacy policies

7. Cancellation and Termination

Your Right to Cancel

• You may cancel your subscription at any time by contacting us at velanaris@gmail.com
• Cancellation takes effect at the end of your current billing cycle
• You remain responsible for all charges through the end of the current billing period
• No refunds are provided for unused portions of billing cycles or unused responses
• Upon cancellation, your chatbot embed code will cease functioning at the end of the billing period

Our Right to Terminate

We reserve the right to suspend or terminate your service immediately if you:

• Violate these Terms of Service
• Fail to pay required fees within 10 days of the due date
• Use the service inappropriately, harmfully, or illegally
• Provide false or misleading information
• Engage in conduct that damages our reputation or service
• Generate excessive support requests that indicate service misuse

Effect of Termination

• Upon termination, you must remove the chatbot embed code from your website
• All data associated with your chatbot may be deleted in accordance with our data retention policy
• Outstanding fees remain due and payable
• Provisions regarding liability, indemnification, and dispute resolution survive termination

8. Service Availability and Performance

Service Limitations

• We strive for high uptime but do not guarantee 100% availability
• Service may be temporarily unavailable due to maintenance, updates, or technical issues
• Third-party services (OpenAI API, hosting providers, Stripe) may affect service availability
• We are not responsible for downtime caused by factors outside our reasonable control

Technical Support

• Customer support is provided via email at velanaris@gmail.com
• We aim to respond to support inquiries within 48-72 hours during business days
• We provide reasonable assistance with setup, basic troubleshooting, and chatbot adjustments
• We do not provide website development, hosting support, or extensive technical consulting services
• Support is provided in English only

9. AI Technology and Third-Party Services

OpenAI Integration

• Chatbot responses are generated using OpenAI's GPT-3.5 API
• All chat interactions are processed by OpenAI and subject to their terms of service and policies
• AI responses may not always be accurate, appropriate, or suitable for your specific business needs
• We manually configure prompts to restrict harmful or misleading responses, but cannot guarantee perfect accuracy

Data Processing and Storage

• Customer chat conversations are processed through our secure infrastructure
• We use Supabase for data storage and management
• Data Retention: Chat data is stored for 30 days from the date of interaction, after which it is automatically deleted
• All data handling follows our Privacy Policy (available at Privacy Policy)
• You can request deletion of your data at any time by contacting us

Third-Party Service Dependencies

By using our service, you acknowledge that we rely on:

• OpenAI for AI response generation
• Stripe for payment processing
• Supabase for data storage
• Various hosting and infrastructure providers

We are not responsible for issues, outages, or policy changes from these third-party providers.

10. Disclaimers and Limitations of Liability

Service Disclaimers

IMPORTANT: Our service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. To the maximum extent permitted by law, we specifically disclaim all warranties including but not limited to:

• Accuracy of AI Responses: We are not responsible for incorrect, incomplete, inappropriate, offensive, or harmful responses generated by the AI chatbot, even with our prompt configuration
• Business Impact: We are not liable for any business losses, lost revenue, customer complaints, reputational damage, or relationship harm resulting from chatbot interactions
• Integration and Compatibility: We are not responsible for technical problems with your website, hosting platform, or compatibility issues with your website theme or plugins
• Third-Party Services: We are not liable for issues, outages, data breaches, or policy changes from OpenAI, Stripe, Supabase, or other third-party services
• Fitness for Purpose: We do not warrant that the service will meet your specific business requirements or expectations
• Uninterrupted Service: We do not guarantee error-free or uninterrupted operation

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total aggregate liability to you for any claims arising from or related to this service shall not exceed the total amount you paid to us in the 12 months immediately preceding the claim
• We are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind
• We are not responsible for lost profits, lost revenue, lost data, loss of goodwill, business interruption, or cost of substitute services
• These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages
• Some jurisdictions do not allow certain liability limitations, so some of these limitations may not apply to you

Your Acknowledgment and Assumption of Risk

By using our service, you explicitly acknowledge and agree that:

• AI chatbots may produce unexpected, inappropriate, or inaccurate responses despite our configuration efforts
• You are solely responsible for monitoring and managing your chatbot's interactions with your customers
• You use the service at your own risk and bear full responsibility for how the chatbot represents your business
• You will implement appropriate disclaimers on your website regarding chatbot limitations
• You will not rely solely on the chatbot for critical business functions without human oversight

11. Mutual Indemnification

Your Indemnification of Us

You agree to indemnify, defend, and hold harmless Velanaris, its owner, and any associated parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Content you provide to us (website content, FAQs, business information, materials)
• Your use or misuse of the chatbot service
• Your violation of these Terms of Service
• Your violation of any applicable laws or regulations
• How you represent or market the chatbot to your customers
• Your failure to include appropriate disclaimers required by your industry
• Your failure to monitor or moderate chatbot interactions after service delivery
• Any claims by your customers or third parties related to information provided by your chatbot
• Your violation of any third-party rights, including intellectual property rights

Our Responsibilities

We remain responsible for:

• Our negligent configuration or setup of your chatbot
• Our gross negligence or willful misconduct in providing the service
• Technical failures directly caused by our infrastructure (excluding third-party service failures)
• Breaches of confidentiality or data security caused by our actions

This indemnification obligation survives termination of your service agreement.

12. Dispute Resolution and Arbitration

Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at velanaris@gmail.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for at least 30 days.

Binding Arbitration

If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration Terms:

• The arbitration shall be conducted in California
• The arbitration shall be conducted by a single arbitrator
• Each party shall bear their own costs and attorneys' fees, and split arbitration filing fees equally
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court having jurisdiction

Exceptions to Arbitration:

• Either party may seek injunctive or equitable relief in court to protect intellectual property rights
• Either party may bring claims in small claims court if they qualify

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Jury Trial Waiver

You and Velanaris both waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or jury. Instead, disputes will be resolved through arbitration as described above.

13. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, fires, storms, natural disasters)
• War, terrorism, civil unrest, or government actions
• Internet or telecommunications failures not caused by us
• Third-party service outages (OpenAI, Stripe, Supabase, hosting providers)
• Pandemics, epidemics, or public health emergencies
• Power outages or infrastructure failures
• Cyberattacks, data breaches, or security incidents not caused by our negligence

During any force majeure event, our obligations will be suspended for the duration of the event. We will make reasonable efforts to notify you and resume service as soon as reasonably possible.

14. Intellectual Property

Your Content

• You retain all ownership rights to your business content, website materials, and information provided to us
• You grant us a limited, non-exclusive license to use your content solely for the purpose of creating, operating, and maintaining your chatbot service
• This license terminates when your service ends, except for content we are required to retain for legal or billing purposes

Our Technology

• We retain all ownership rights to our technology, software, service methods, prompts, configurations, and processes
• Our chatbot technology, algorithms, and implementation methods are proprietary and protected by intellectual property laws
• You may not copy, modify, reverse engineer, or create derivative works from our technology
• The embed code provided is licensed to you for use only in connection with your active subscription

Trademarks

• "Velanaris" and any associated logos are our trademarks
• You may not use our trademarks without express written permission
• You may indicate that your chatbot is "Powered by Velanaris" if desired

15. Privacy and Data Protection

Your privacy and your customers' privacy are important to us. Our Privacy Policy explains in detail how we collect, use, store, and protect information. By using our service, you consent to our privacy practices as described in our Privacy Policy.

Key Privacy Points:

• We store chat interaction data for 30 days
• We use Supabase for secure data storage
• Chat data is processed by OpenAI for response generation
• You are responsible for your own website's privacy policy and disclosures
• You must comply with applicable privacy laws (GDPR, CCPA, etc.) regarding data your chatbot collects

16. Modifications to Terms of Service

We reserve the right to modify these Terms of Service at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this document
• Notify customers via email at least 15 days before changes take effect
• Post the updated terms on our website

Your continued use of the service after the effective date of changes constitutes your acceptance of the updated terms. If you do not agree to the modified terms, you must cancel your service before the changes take effect.

17. General Provisions

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of California and the United States, without regard to conflict of law principles.

Jurisdiction and Venue

Subject to the arbitration provisions above, any legal action or proceeding must be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.

Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Velanaris regarding the service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

Assignment

You may not assign or transfer these Terms or your service account without our prior written consent. We may assign our rights and obligations without restriction. Any attempted assignment in violation of this section is void.

Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Velanaris. You are an independent customer purchasing services.

Electronic Communications

You consent to receive electronic communications from us, including emails regarding your service, billing, and important updates. These electronic communications satisfy any legal requirement that communications be in writing.

18. Contact Information

For questions, concerns, or notices regarding these Terms of Service or our service:

• Email: velanaris@gmail.com
• Business Name: Velanaris
• Location: California, United States