1. Acceptance of Terms

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms. We will notify registered users of material changes via email or through the Service.

2. Description of Service

EquilAI provides an AI-powered chatbot platform that enables businesses to create, deploy, and manage conversational AI agents ("Customer Bots") for customer engagement, support, and automation. The Service includes bot creation tools, analytics, hosting infrastructure, and related features as described on our website.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice to affected Customers. We are not liable for any modification, suspension, or discontinuation of the Service.

AI-Generated Output

The Service uses third-party large language models (including models provided by OpenAI) to generate Customer Bot responses. AI-generated output is produced automatically and may be inaccurate, incomplete, outdated, or otherwise inappropriate for your particular purpose. The Service is not a substitute for professional advice (including legal, financial, or medical advice).

You are responsible for configuring your Customer Bots, for reviewing their output, and for determining whether that output is suitable before relying on or distributing it. To the extent permitted by applicable law, EquilAI does not warrant the accuracy or reliability of any AI-generated output and is not liable for decisions made or actions taken in reliance on it.

3. User Accounts

Account Registration

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

Account Security

You must notify us immediately of any unauthorized use of your account or any other breach of security. EquilAI is not liable for any loss or damage arising from your failure to protect your account credentials. We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit or distribute malware, viruses, or any malicious code
• Engage in unauthorized access, data scraping, or denial-of-service attacks
• Upload or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Use the Service for high-risk activities where failure could lead to death, personal injury, or environmental damage
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to develop a competing product or service

We reserve the right to investigate violations of these Terms and may remove or refuse to distribute any content, suspend or terminate accounts, and report illegal activity to law enforcement authorities.

5. Payment Terms

Subscription Plans

The Service is offered on a subscription basis with various plans. Fees are described on our pricing page and are subject to change with notice. By selecting a paid plan, you agree to pay all applicable fees in accordance with the billing terms in effect at the time.

Billing and Payment

Fees are billed in advance on a monthly or annual basis, depending on your plan selection. Certain plans may also be subject to a one-time setup fee, which is disclosed before you complete your purchase. All payments are non-refundable except as expressly provided in these Terms or as required by applicable law. You are responsible for providing complete and accurate billing information and for all taxes associated with your use of the Service.

Payments are processed by our third-party payment provider, Stripe. By providing payment information, you authorise us and Stripe to charge the applicable fees to your payment method. Your use of Stripe is subject to Stripe's own terms and privacy policy. Unless cancelled, paid subscriptions renew automatically at the end of each billing period at the then-current rates, and your payment method will be charged accordingly.

Free Tier

We may offer a free tier of the Service. We reserve the right to modify or terminate the free tier at any time with reasonable notice. Usage limits apply and are described in the applicable plan details.

6. Intellectual Property

Our Intellectual Property

The Service and all materials provided by EquilAI, including software, code, designs, text, graphics, logos, and trademarks, are owned by or licensed to EquilAI and are protected by intellectual property laws. Except as expressly granted in these Terms, no rights or licenses are granted to you.

Your Content

You retain ownership of all content, data, and materials that you upload, create, or transmit through the Service ("Customer Content"). By using the Service, you grant EquilAI a limited, worldwide, non-exclusive license to host, store, and process Customer Content solely as necessary to provide and improve the Service. You represent that you have all rights necessary to grant this license.

Data Protection

Our collection and use of personal data in connection with the Service is described in our Privacy Policy. Where you use the Service to process personal data of your End-Users (including Conversation Data), you act as the data controller and EquilAI acts as your data processor, processing such personal data on your documented instructions. To support compliance with the EU General Data Protection Regulation (GDPR), a Data Processing Agreement (DPA) is available on request. You are responsible for providing any notices to, and obtaining any consents from, your End-Users that are required by applicable data protection law.

To provide the Service, Customer Content and Conversation Data may be processed by our sub-processors, including the AI provider that generates Customer Bot responses, as described in our Privacy Policy.

Feedback

Any feedback, suggestions, or ideas you provide regarding the Service may be used by EquilAI without restriction or obligation to you.

7. Third-Party Services

The Service may integrate with or provide access to third-party services, APIs, or content. EquilAI does not control and is not responsible for third-party services. Your use of third-party services is at your own risk and subject to the applicable third-party terms and policies.

8. Limitation of Liability

To the fullest extent permitted by applicable law, EquilAI and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory.

EquilAI's total aggregate liability for any claims arising out of or relating to these Terms or the Service shall not exceed the amount you paid to EquilAI for the Service in the twelve (12) months preceding the event giving rise to the claim, or one hundred euros (€100) if you have not paid any fees.

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Indemnification

You agree to defend, indemnify, and hold harmless EquilAI and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your Customer Content; or (d) your violation of any third-party rights or applicable laws.

10. Termination

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to access and use the Service will immediately cease.

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include: (a) violation of these Terms; (b) requests by law enforcement or government agencies; (c) unexpected technical or security issues; (d) extended periods of inactivity; or (e) discontinuation of the Service.

Upon termination, the provisions of these Terms that by their nature should survive shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved amicably within thirty (30) days, it shall be submitted to the exclusive jurisdiction of the competent courts of Finland, with the District Court of the Company's registered domicile (currently the Eastern Uusimaa District Court / Itä-Uudenmaan käräjäoikeus, which has jurisdiction over Vantaa) acting as the court of first instance.

For consumers residing in the European Union, you may also be entitled to bring proceedings in the courts of your country of residence, and mandatory provisions of your local consumer protection law shall remain unaffected.

12. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly referenced, constitute the entire agreement between you and EquilAI regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any breach shall not constitute a waiver of any subsequent breach.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, civil or military authority actions, fires, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.