These Terms of Service ("Terms") are a contract between you and ChatWisp, Inc. ("ChatWisp", "we", "us") governing your use of the ChatWisp platform and websites (the "Service"). By creating an account or using the Service, you agree to these Terms. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization.

The Service

ChatWisp is an AI-first forms and survey platform. Each form can be conducted by a customizable AI assistant that interviews respondents by voice or chat, captures structured data, and produces analytics and insights.

Accounts and eligibility

You must provide accurate account information, keep your credentials secure, and be at least 16 years old (or the age of majority where you live). You are responsible for all activity under your account.

Acceptable use

You agree not to use the Service to:

without an appropriate legal basis and safeguards;

unauthorized access to the Service;

  • collect data unlawfully, or without the notices, consents, and lawful basis required for your respondents;
  • create forms that are deceptive, harassing, hateful, sexually exploitative, or otherwise unlawful;
  • request highly sensitive data (e.g., government IDs, full payment details, health or biometric data)
  • infringe others' rights, transmit malware, or attempt to disrupt, overload, reverse-engineer, or gain
  • scrape or harvest data, or exceed published rate limits or plan allotments.

Your content and respondent data

You retain ownership of the forms you create and the responses you collect ("Your Content"). You grant ChatWisp a worldwide, non-exclusive license to host, process, transmit, and display Your Content solely to provide and improve the Service. As between you and ChatWisp, you are the data controller for respondent personal data and are responsible for providing required privacy notices, obtaining consent (including for voice recording where required), and having a lawful basis to collect and process it; ChatWisp processes it on your behalf as described in our Privacy Policy and any applicable data-processing terms.

AI and automated processing

The Service uses AI models to conduct interviews, interpret answers, and generate summaries and analytics. AI output can be inaccurate, incomplete, or unexpected. It is provided for your evaluation and is not professional, legal, medical, or financial advice. You are responsible for reviewing AI-generated content and for any decisions you make using it.

Plans, fees, and billing

Some features require a paid plan or additional seats. Fees, seat limits, and billing terms are presented when you subscribe or are arranged directly with us. Unless stated otherwise, fees are non-refundable except as required by law. We may change pricing prospectively with notice.

Early access

The Service may include features offered on an early-access or "beta" basis and is provided "as is" during this period. Features may change, and availability is not guaranteed.

Intellectual property

ChatWisp and its licensors own the Service, including its software, design, and trademarks. These Terms grant you a limited, revocable, non-transferable right to use the Service; they grant no rights in our IP beyond that use.

Third-party services

The Service relies on third-party providers (including those listed in our Privacy Policy). Their availability and terms are outside our control, and we are not responsible for their acts or omissions.

Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

Limitation of liability

To the maximum extent permitted by law, ChatWisp will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total liability for any claim relating to the Service will not exceed the greater of the amounts you paid us in the 12 months before the claim or US $100.

Indemnification

You will indemnify and hold harmless ChatWisp from claims arising out of Your Content, your forms, your collection or use of respondent data, or your violation of these Terms or applicable law.

Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate access if you violate these Terms or to protect the Service or its users. Sections that by their nature should survive termination (ownership, disclaimers, liability limits, indemnification) will survive.

Governing law and disputes

These Terms are governed by the laws of [your state/country], without regard to conflict-of-laws rules, and disputes will be resolved in the courts located in [your venue], unless a different process is required by applicable consumer law.

Changes to these Terms

We may update these Terms as the Service evolves. We will revise the "Last updated" date above and, for material changes, take reasonable steps to notify you. Continued use after changes take effect constitutes acceptance.

Contact

Questions about these Terms: [legal@yourcompany.com], ChatWisp, Inc., [mailing address].