Terms of Service – Untap AI

Effective Date: January 1, 2025

1. Acceptance of Terms

By accessing or using Untap AI ("Service"), you (the "Customer") agree to be bound by these Terms of Service ("Agreement"). If you do not agree, do not access or use the Service.

2. Service Description

Untap AI provides an artificial intelligence-powered website assistant that integrates with Customer websites to guide visitors, answer questions, suggest products, and enable communication ("AI Widget").

3. Subscription, Fees, and Payment Policy

3.1 Initial Payment – Non-Refundable

The first payment (whether monthly, annual, or otherwise indicated as an "initial" payment) is non-refundable under all circumstances, unless otherwise required by applicable law.

3.2 Subsequent Payments – Pro-Rated Refunds

Any payment made after the initial non-refundable payment may be eligible for a pro-rated refund if you terminate your subscription before the end of the respective billing period. The refund will be calculated based on the number of unused full days remaining in your subscription at the time of cancellation.

Example: If you cancel after 10 days in a 30-day billing cycle, you may be refunded for the unused 20 days.

Refunds must be explicitly requested in writing via support@untap-ai.com within 14 days of cancellation, and will be processed within 14 business days.

3.3 Non-Refundable Items & Exclusions

  • Setup, customization, or onboarding fees are non-refundable.
  • No refunds will be issued for periods of suspension due to breach of terms, non-payment, or violation of the Acceptable Use Policy.
  • Refunds are not available for feature downgrades or partial use of add-on services.

3.4 Billing & Termination

Subscriptions auto-renew unless you cancel before the next billing date. Service will remain active until the paid period expires. Upon cancellation, your access and all related data may be scheduled for deletion as outlined in the Data Policy.

4. Use of Service and Outputs

The Service leverages machine learning and generative AI. All outputs are provided "as is." You assume all risk and responsibility for how outputs are used, interpreted, or relied upon.

Untap AI is not responsible for any damages, loss, or legal claims resulting from AI output, regardless of form or content.

5. Customer Obligations

  • You agree not to use the Service for unlawful, abusive, or fraudulent activity.
  • You will indemnify and hold Untap AI harmless from any claims or damages arising from your use, including third-party reliance on AI output.

6. Intellectual Property

Untap AI retains all rights, title, and interest in the Service, AI technology, and widgets.

You are granted a limited, non-transferable license to use the Service as described.

7. Data, Privacy, and Security

You grant Untap AI the right to collect, store, and analyze non-personal user data for service operation and improvement.

Untap AI does not claim ownership of business data input by you, but may use anonymized or aggregated information for analytics and improvements.

We comply with applicable US federal and state privacy laws, including those that may apply to residents of California, Virginia, and other states with comprehensive privacy legislation.

8. Service Availability & SLA

Untap AI aims for 99.9% uptime, excluding scheduled maintenance.

Credits, not refunds, may be provided at your request if downtime exceeds our uptime commitments.

9. Changes & Modifications

We may update these Terms or the features of our Service at any time. Updates become effective upon posting. Continued use signifies acceptance.

10. Disclaimer and Limitation of Liability

The Service is provided "as is" and without warranties. Untap AI's aggregate liability is limited to the fees paid by Customer in the twelve (12) months preceding the event.

Some states do not allow limitations on warranties or liability, so these limitations may not apply to you to the extent prohibited by applicable state law.

11. Dispute Resolution & Governing Law

This Agreement is governed by the laws of the State of Oregon and applicable federal law, without regard to conflict of law principles. Any legal action arising from this Agreement must be brought in the state or federal courts located in Marion County, Oregon.

11.1 Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Salem, Oregon, or via remote proceedings if agreed upon by both parties.

Exceptions to Arbitration: Either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Class Action Waiver: Both parties waive any right to pursue disputes on a class action basis or in any proceeding in which either party acts or proposes to act in a representative capacity.

12. State-Specific Provisions

For customers residing in states with specific consumer protection laws, additional rights may apply:

  • California residents: You may have additional rights under the California Consumer Privacy Act (CCPA) and other California laws.
  • New York residents: Certain warranty disclaimers may not apply under New York law.
  • Other states: If your state laws provide additional consumer protections, those rights are preserved and not waived by this Agreement.

13. Contact

For any questions or refund/cancellation requests, email support@untap-ai.com.