Terms of Service
Welcome to Nimble Chat Pro! These Terms of Service (“Terms”) govern your access to and use of our website, chat widget, dashboard, and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.
1. Definitions
- “Account” means the user account you create to access the Service.
- “Content” means any text, images, video, or other data you submit, post, or store via the Service (including chat transcripts, user profile data, and uploaded files).
- “Customer” and “you” refer to the individual or entity who creates an Account or uses the Service.
- “Fees” mean the subscription or usage-based charges you pay to access paid features of the Service.
- “Nimble Chat Pro,” “we,” “us,” or “our” refer to Nimble Chat Pro, LLC, its affiliates, and its successors.
- “Service” means the online platform, chat widget, dashboard, and all related services we provide.
2. Acceptance of Terms
By creating an Account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. If you do not agree, you must not use the Service.
When you create an Account, you may be required to provide certain information (such as your name, email address, and payment details). You agree to provide accurate and complete information, and to keep it up to date.
3. Changes to Terms
We may modify these Terms at any time. If we make material changes (e.g., new charges or significant policy updates), we will notify you via email and/or post a notice on our site. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.
It is your responsibility to review these Terms periodically. We encourage you to keep a copy of the Terms for your records.
4. Eligibility & Account Registration
- You must be at least 18 years old to create an Account.
- By registering, you warrant that:
- You have the legal capacity to enter into these Terms;
- You will not use the Service for any unlawful or unauthorized purpose;
- You will not impersonate another individual or misrepresent your affiliation.
- You are responsible for maintaining the confidentiality of your Account credentials (e.g., email and password). Any activity using your credentials is presumed to be authorized by you. Notify us immediately of any unauthorized use.
We reserve the right to suspend or terminate your Account if you violate these Terms or misuse the Service.
5. Subscriptions, Free Trials, and Billing
5.1 Subscription Plans
We offer various subscription tiers (e.g., Starter, Pro, Business) with different features and pricing. You select a plan and agree to pay the corresponding Fees on a monthly or annual basis, as indicated at signup.
Subscription Fees are non-refundable except as required by law. You authorize us to charge your payment method on file, and any payment failures may result in suspension of your Account.
5.2 Free Trials & Beta Access
We may offer free trials or beta access for new customers. Free trials expire automatically at the end of the trial period, unless you choose to subscribe. At the conclusion of the beta period, you may be offered special pricing; otherwise, standard Fees apply.
By signing up for a free trial or beta, you agree to these Terms and any additional restrictions communicated at signup.
5.3 Changes to Fees
We may update subscription Fees from time to time. Material changes to Fees will be communicated at least 30 days in advance. If you do not agree to the new Fees, you must cancel your subscription before the change takes effect.
6. Cancellation & Termination
6.1 Cancellation by Customer
You may cancel your subscription at any time via your Account settings. Cancellation takes effect at the end of your current billing cycle, and no further charges will be incurred. No refunds will be issued for partial billing periods.
6.2 Termination by Nimble Chat Pro
We may suspend or terminate your Account, without notice, if you:
- Violate these Terms or any applicable law;
- Engage in fraudulent activity or misuse the Service;
- Fail to pay Fees when due;
- Positively threaten our security or infrastructure.
Upon termination, all rights granted to you will cease, and you must stop using the Service. We may delete or disable access to your Content and Account without liability, though we will retain certain data as required by law.
7. User Content & Conduct
7.1 User Content
You retain all rights to any content you upload or submit (“User Content”), including chat conversations, files, and messages. By providing User Content, you grant us a worldwide, royalty-free license to use, reproduce, modify, and display it within the Service.
You represent and warrant that you own or have permission to share all User Content, and that it does not violate any third-party rights or applicable laws.
7.2 Prohibited Conduct
You agree not to:
- Use the Service for any illegal or harmful purpose;
- Upload viruses, malware, or other malicious code;
- Impersonate another person or misrepresent your affiliation;
- Reverse engineer, modify, or attempt to gain unauthorized access;
- Harass, defame, or threaten others through the Service;
- Send unsolicited marketing or spam messages via chat;
- Remove or alter any legal notices displayed in the Service.
8. Intellectual Property
All content, features, and functionality of the Service, excluding User Content, are the exclusive property of Nimble Chat Pro or its licensors. This includes, but is not limited to, trademarks, logos, trade dress, text, graphics, designs, code, and software.
You may not copy, reproduce, republish, upload, post, transmit, or distribute any part of the Service without our prior written permission.
9. Third-Party Links & Services
The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Nimble Chat Pro. We are not responsible for the privacy practices or content of these third-party sites. Usage of any linked resources is at your own risk.
We may also integrate with third-party services (e.g., payment processors, analytics). Your interactions with those services are governed by their respective terms and privacy policies.
10. Disclaimers & Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NIMBLE CHAT PRO DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON OR USE OF THE SERVICE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIMBLE CHAT PRO AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR CLAIMS RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID US IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless Nimble Chat Pro, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
- Your use of or inability to use the Service;
- Your violation of these Terms;
- Your infringement of any third-party rights (including intellectual property rights).
13. Governing Law & Dispute Resolution
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
Any dispute shall be resolved through binding arbitration administered by the American Arbitration Association in Santa Clara County, California, under its Commercial Arbitration Rules. Each party will bear its own costs and the arbitrator’s fees will be split equally.
14. Severability & Waiver
If any provision of these Terms is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No waiver of any right or provision in these Terms will be effective unless in writing and signed by Nimble Chat Pro.
15. Changes to the Service
We reserve the right to modify or discontinue the Service (or any part thereof) temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or policies published on the Service, constitute the entire agreement between you and Nimble Chat Pro regarding the Service and supersede all prior or contemporaneous communications and proposals.
17. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: support@nimblechatpro.com
- Address: 1234 Chat Lane, Suite 200, Tech City, CA 94016, USA
- Phone: +1 (555) 123-4567
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