Terms of Service

1. Acceptance of Terms

By accessing or using the MoyoChat platform, website, APIs, or embedded chat widgets (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

MoyoChat is an AI-powered chatbot platform that enables businesses to create, train, and deploy conversational assistants on their websites. The Service includes a web dashboard for managing bots, a knowledge base system for training AI models on your content, an embeddable chat widget, APIs for integration, and analytics tools.

3. Account Registration and Responsibilities

To use the Service, you must create an account with accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorised access or security breach
• Ensuring that your use of the Service complies with all applicable laws

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Distribute harmful, misleading, defamatory, or illegal content
• Attempt to gain unauthorised access to the Service, other accounts, or related systems
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service for spam, phishing, or unsolicited communications
• Circumvent rate limits, usage quotas, or security measures
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use the Service to develop a competing product or service

We reserve the right to investigate and take appropriate action against any violation, including suspending or terminating your account and reporting illegal activity to law enforcement.

5. Intellectual Property

The Service, including its design, code, branding, documentation, and AI models, is owned by MoyoChat and protected by Australian and international intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand assets.

You retain all rights to any content you submit to the Service, subject to the limited licence granted below.

6. Data Ownership

You own all data you upload, create, or generate through the Service, including knowledge base content, chatbot configurations, and conversation logs ("Your Data").

By using the Service, you grant MoyoChat a limited, non-exclusive licence to process, store, and transmit Your Data solely to provide and improve the Service. We will not use Your Data for any other purpose without your explicit consent.

You may export or delete Your Data at any time via the dashboard or API. Upon account termination, we will delete Your Data within 30 days, except where retention is required by law.

7. Service Availability and SLA

We aim to provide a reliable, high-uptime Service and make commercially reasonable efforts to maintain availability. However, the Service is provided on a "best-effort" basis, and we do not guarantee uninterrupted or error-free operation.

We may perform scheduled maintenance with reasonable advance notice. Unscheduled downtime may occur due to circumstances beyond our control, including third-party service outages, network issues, or force majeure events.

Customers on Scale plans may be eligible for a separate Service Level Agreement (SLA) with defined uptime guarantees and remedies.

8. Fees and Payment

Certain features of the Service require a paid subscription. All prices are listed in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated. Fees are billed in advance on a monthly or annual basis, depending on the plan you choose.

We reserve the right to change pricing with 30 days' written notice. Price changes will not affect your current billing period. If you do not agree with a price change, you may cancel your subscription before the next billing cycle.

9. Limitation of Liability

To the maximum extent permitted by Australian law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
• MoyoChat shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service.
• Our total aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid to MoyoChat in the 12 months preceding the claim.
• AI-generated responses may contain errors or inaccuracies. You are responsible for reviewing and validating chatbot outputs before relying on them.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

10. Termination

You may terminate your account at any time through the dashboard settings. Upon termination:

• Your access to the Service will cease immediately
• Your Data will be retained for 30 days to allow recovery, then permanently deleted
• No refunds will be issued for any unused portion of a billing period, unless required by Australian Consumer Law

We may terminate or suspend your account immediately if you breach these Terms, engage in fraudulent activity, or if required by law. We will make reasonable efforts to notify you in such cases.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising out of or relating to these Terms or the Service.

12. Changes to Terms

We may revise these Terms from time to time. When we make material changes, we will notify you by email or by posting a prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

13. Contact Information

If you have any questions about these Terms, please contact us:

• Email: hello@consultingcadets.com
• Location: Sydney, Australia

You can also reach us via our contact page.