Effective Date: 15/06/2025

These Terms and Conditions (“Terms”) govern your use of the Articubot chatbot services (“Service”) provided by Articubot (“we,” “us,” or “our”). By accessing or using our Service, you agree to be bound by these Terms.

1. Service Description

Articubot provides AI-powered chatbot solutions custom-built for businesses. The Service includes chatbot installation, ongoing support, maintenance, and analytics reporting.

2. Fees and Payment

• Fees for setup and subscription will be agreed upon in writing between Articubot and the client before commencement of the Service.

• Payments are billed automatically on the agreed billing cycle (e.g., monthly, quarterly).

• Payments are non-refundable except as required by law or unless otherwise agreed in writing.

• If payment is overdue, a 3-day grace period will apply. If payment remains unpaid after that period, your chatbot will be suspended until the balance is cleared.

• Once payment has been made, you must contact Articubot to confirm payment so we can correctly reactivate and configure your chatbot.

• Prices may be revised with 30 days’ notice. Continued use of the Service after notice constitutes acceptance of revised fees.

2A. Execution Plan & Client Approval

• Before commencing any work, Articubot will prepare a written Execution Plan detailing the agreed scope, deliverables, timeframe, and pricing.

• The client must review and approve the Execution Plan in writing before work begins. By approving, the client confirms the plan reflects their requirements. Articubot will not be liable if deliverables meet the signed plan but differ from later expectations.

• Any timeframe is conditional on the client supplying required information, assets, and approvals promptly. Client delays extend the timeline; Articubot is not responsible for delays caused by the client.

• If the client fails to provide required content or communication within 14 days of request, the project may be deemed abandoned. In such cases, all fees paid are non-refundable, and Articubot is released from further obligations.

• Once deliverables in the Execution Plan are complete, the project is considered delivered and no refunds apply. Refunds will only be considered if Articubot fails to deliver the agreed scope, and any refund (full or partial) will be determined at Articubot’s sole discretion, based on work completed.

• Changes or additions requested after sign-off are considered out of scope and may require additional fees and extended timelines.

3. Client Responsibilities

The client agrees to:

• Provide accurate and up-to-date content required for chatbot training, including business information, FAQs, and branding assets.

• Notify Articubot of website updates, redesigns, or changes that may affect chatbot performance.

• Ensure chatbot use complies with all applicable laws and regulations.

• Keep billing and contact information current.

• Acknowledge that the chatbot can only respond based on the information provided. Articubot is not responsible for incorrect, incomplete, or missing responses if the client fails to provide sufficient or accurate content.

• Ensure that all provided content (text, images, data) does not infringe third-party intellectual property or contain illegal material. The client indemnifies Articubot for any claims resulting from such content.

4. Ownership and License

• All content you provide remains your intellectual property.

• Articubot retains ownership of the underlying AI system, source code, and chatbot framework.

• Upon payment, you are granted a non-exclusive, non-transferable license to use the chatbot on your platforms for the duration of your subscription.

• You may not copy, reproduce, distribute, resell, or share any part of the chatbot’s code or system without prior written consent from Articubot.

• Unauthorized use, distribution, or disclosure of the code may result in immediate termination and legal action.

5. Data, Privacy, and Security

• We do not access or store sensitive customer data unless explicitly requested for integration purposes.

• All data is handled in accordance with our [Privacy Policy].

• After cancellation, chatbot configuration and data will be stored for 90 days unless otherwise agreed. After this, all data may be permanently deleted.

• Clients must request export of conversation logs or lead data before termination if required.

• Articubot implements reasonable security measures but is not liable for breaches caused by client-side negligence, third-party systems, or risks outside our control.

6. Limitations of Use

The Service must not be used for:

• Unlawful purposes,

• Misleading or deceptive advertising,

• Any activity violating applicable laws or regulations.

7. Termination & Suspension

• You may cancel at any time by written notice. Access will end at the close of the current billing cycle.

• We reserve the right to suspend or terminate service for violations of these Terms or continued non-payment.

8. Disclaimer of Warranties

• The Service is provided “as is.”

• We do not guarantee accuracy of chatbot responses, specific outcomes, or uninterrupted availability.

• The client remains responsible for reviewing and approving all chatbot content and outputs.

9. Limitation of Liability

To the maximum extent permitted by law:

• Articubot is not liable for indirect, incidental, or consequential damages.

• Our total liability shall not exceed the fees paid by the client in the 3 months preceding the claim.

10. Free Trial

• Free trials may be offered at Articubot’s discretion.

• Terms, scope, and duration will be agreed in writing.

• One free trial per business.

• Trials may be revoked at any time if misuse is suspected.

11. Confidentiality

• Both parties must keep all confidential information private.

• Confidential information includes: Articubot’s source code, algorithms, and processes; and client data, strategies, and proprietary information.

• This obligation continues during the subscription and for 2 years after termination.

12. Force Majeure

Articubot is not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, government actions, internet outages).

13. International Use

Articubot operates primarily from New Zealand. Time zones, international connectivity, and regulations may affect service availability. We are not responsible for such factors.

14. Support & Contact Hours

Support is available Mon–Fri, 9:00 AM – 5:00 PM NZST. Urgent issues should be emailed; we will respond as soon as reasonably possible.

15. Third-Party Services & AI Providers

• The Service may integrate with third-party tools (e.g., Wix, Supabase, Airtable, OpenAI).

• Articubot is not responsible for outages, errors, or policy changes in third-party services or AI providers.

16. Indemnification

You agree to indemnify and hold harmless Articubot from claims, damages, or expenses arising from:

• Misuse of the Service,

• Violation of these Terms,

• Infringing or illegal content provided by you.

17. Non-Solicitation

Clients agree not to solicit or hire Articubot employees or contractors during the subscription and for 12 months after termination.

18. Portfolio Rights

Unless otherwise agreed in writing, Articubot may reference the client’s name, logo, and chatbot project for marketing and portfolio purposes.

19. Dispute Resolution

Parties agree to attempt mediation in New Zealand before commencing court proceedings.

20. Notices

Notices will be sent to the client’s registered email address.

21. Modifications

We may update these Terms from time to time. Changes will be communicated via email or posted on our website. Continued use of the Service after changes constitutes acceptance.

22. Governing Law

These Terms are governed by the laws of New Zealand. Disputes will be resolved in the courts of New Zealand.

23. Severability

If any provision is invalid or unenforceable, the remaining provisions remain in effect.

24. Entire Agreement

These Terms, together with the Execution Plan, constitute the entire agreement and supersede all prior discussions or representations.

25. Contact

For any questions regarding these Terms, please contact us at:
📧 fynn@articubot.it.com