Terms of Service

1. Acceptance of Terms

By accessing and using DialogKit (“the Service”), you accept and agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and DialogKit. Your use of the Service confirms your acceptance.

2. Service Description

DialogKit provides a conversational flow builder platform that allows you to create, deploy, and manage automated conversational experiences on your website. Our service operates on a pay-per-conversion pricing model.

Key Features:

• Visual flow builder with drag-and-drop interface
• Embeddable chat widget for websites
• Conversation analytics and tracking
• Pay-per-conversion billing ($0.30 per qualified lead)
• Multi-tenant organization support

3. Account Terms

3.1 Account Creation

• You must provide a valid email address to create an account
• You are responsible for maintaining the security of your account credentials
• You must be at least 18 years old to use the Service
• One person or entity may not maintain more than one free account
• Accounts registered by automated methods are not permitted

3.2 Account Security

• You are responsible for all activity under your account
• Notify us immediately of any unauthorized access
• We are not liable for losses caused by unauthorized use of your account
• Do not share your account credentials with others

3.3 Organization Accounts

Organization accounts support multiple users with different roles (Owner, Admin, Member, Reporter). The organization owner is responsible for managing team members and ensuring compliance with these Terms.

4. Payment Terms

4.1 Pricing Plans

DialogKit offers the following pricing tiers:

• Free Tier: $0/month, includes 20 free conversions per month, $0.50 per additional conversion, 1 flow limit, DialogKit branding required
• Growth Tier: $29/month, includes 100 free conversions per month, $0.30 per additional conversion, unlimited flows, remove DialogKit branding

4.2 What Counts as a Conversion

A “conversion” is counted when a visitor completes your conversational flow by reaching an End Node. Abandoned conversations do not count as conversions. You are only charged for successful completions.

4.3 Billing

• Subscription fees are billed monthly in advance
• Per-conversion charges are billed monthly in arrears
• Billing starts from your subscription activation date
• All fees are in USD unless otherwise stated
• Prices are subject to change with 30 days notice

4.4 Payment Processing

• Payments are processed securely through Stripe
• You must provide valid payment information
• You authorize us to charge your payment method for all fees
• Failed payments may result in service suspension

4.5 Refunds

• Monthly subscription fees are non-refundable
• No refunds for partial months of service
• Per-conversion charges are non-refundable
• Refunds may be issued at our sole discretion for service outages exceeding our SLA

5. Acceptable Use

You agree not to use the Service to:

• Violate any laws, regulations, or third-party rights
• Transmit malware, viruses, or harmful code
• Spam, phish, or engage in deceptive practices
• Collect personal information without proper consent
• Harass, abuse, or harm others
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without permission
• Use the Service for illegal or fraudulent activities
• Create flows that collect sensitive information (SSN, financial data, health records) without proper security measures and consent

6. Service Availability and Support

6.1 Uptime

We strive for 99.9% uptime but do not guarantee uninterrupted service. We are not liable for service interruptions, scheduled maintenance, or downtime beyond our control.

6.2 Support

• Free tier: Community support via email
• Growth tier: Email support with 24-48 hour response time
• Support is provided in English only

6.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of material changes when possible.

7. Intellectual Property

7.1 Our Rights

DialogKit retains all rights, title, and interest in the Service, including all intellectual property rights. These Terms do not grant you any ownership rights to the Service.

7.2 Your Content

You retain ownership of your conversational flows, data, and content. By using the Service, you grant us a limited license to host, store, and process your content solely to provide the Service.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without compensation or attribution.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. You are responsible for complying with all applicable privacy laws when collecting data through your conversational flows.

Your Responsibilities:

• Provide clear privacy notices to end users
• Obtain necessary consents before collecting personal data
• Comply with GDPR, CCPA, and other applicable regulations
• Implement appropriate security measures for collected data

9. Cancellation and Termination

9.1 Cancellation by You

• You may cancel your subscription at any time from account settings
• Cancellation takes effect at the end of your current billing period
• You remain responsible for all charges incurred before cancellation
• No refunds for unused time or conversions

9.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security or liability risk

9.3 Effect of Termination

• Upon termination, your access to the Service ends immediately
• Your data will be deleted within 30 days
• You may request a data export before termination
• Certain provisions (payment obligations, disclaimers, limitations of liability) survive termination

10. Disclaimers and Limitations of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIALOGKIT 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 DialogKit from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or conversational flows

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the jurisdiction in which DialogKit operates, without regard to conflict of law provisions.

12.2 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law. You waive the right to participate in class action lawsuits.

13. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or through the Service. Continued use of the Service after changes constitutes acceptance of the modified Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DialogKit.

14.2 Severability

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

14.3 Assignment

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

14.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.