These Terms of Service (the “Terms”) are a binding agreement between Vividstack LLC (“VividStack”, “we”, “our”, or “us”) and the individual or entity that creates an account (“you” or “Customer”). They govern the VividHarbor AI Assistant WordPress plugin and the related self-serve hosted services required for it to function, including admin.vividstack.dev and widget.vividstack.dev (together, the “Service”).
By checking the acceptance box at sign-up, completing checkout, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy and Data Processing Addendum, which are incorporated by reference. If you do not agree, do not use the Service. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.
Dedicated and enterprise customers: if you have a separately signed dedicated, municipal, or enterprise agreement with us, that signed agreement governs your use and controls over these Terms in the event of any conflict. These Terms apply to self-serve plans and trials.
1. Definitions
- Customer Content — website pages, uploaded documents, configuration, branding, and other material you provide to the Service.
- Visitor — an end user who interacts with the chat widget on your website.
- Visitor Data — messages, questions, and related metadata submitted by Visitors through the widget.
2. Accounts and eligibility
- You must be at least 18 years old and able to form a binding contract.
- You are responsible for the accuracy of your account information and for all activity under your account.
- You are responsible for safeguarding your credentials, API tokens, and upload tokens, and for promptly notifying us of any suspected unauthorized access.
3. Plans, trials, billing, and cancellation
- Trials. Free trials are provided as-is, include limited capacity, and may be modified or discontinued at any time.
- Subscriptions. Paid plans are billed in advance on a recurring monthly basis and renew automatically until cancelled.
- Payment processing. Payments are processed by Stripe. We do not store full payment card details. Your use of Stripe’s checkout is also subject to Stripe’s terms.
- Cancellation. You may cancel at any time from the billing portal. Cancellation takes effect at the end of the current billing period, and you retain access until then.
- Refunds. Fees are non-refundable except where required by law. Partial billing periods are not prorated on cancellation.
- Usage limits. Plans include message, storage, and page-sync allowances. We may throttle or pause service that materially exceeds the purchased allowance, and will make reasonable efforts to notify you first.
- Price changes. We may change pricing with at least 30 days’ notice before it applies to your next renewal.
- Non-payment. If a charge fails, we may suspend the Service after reasonable notice and opportunity to cure.
4. Acceptable use
You agree not to, and not to permit others to:
- Use the Service unlawfully, or in violation of any third party’s rights.
- Upload content you do not have the rights to use, or that infringes intellectual property rights.
- Upload or knowingly solicit special categories of sensitive data — including health records, government identification numbers, financial account numbers, biometric data, or information about children under 13 — unless you have a separate written agreement with us permitting it.
- Attempt to gain unauthorized access to the Service, other tenants’ data, or related systems.
- Probe, scan, overload, or disrupt the Service, or circumvent rate limits, allowlists, or usage metering.
- Use the Service to generate unlawful, deceptive, harassing, or harmful content.
- Resell or provide the Service to third parties except as a configured chatbot on websites you control or are authorized to manage.
5. Customer Content and license
You retain all ownership of Customer Content. You grant us a limited, non-exclusive, worldwide license to host, copy, process, transmit, and display Customer Content solely to operate, secure, and support the Service for you. This license ends when the content is deleted, subject to routine backup retention.
We do not use Customer Content or Visitor Data to train foundation models, and our AI subprocessors are engaged under terms that prohibit training on your data.
6. Your responsibilities toward Visitors
The chat widget runs on your website and collects Visitor Data on your behalf. For that data you are the data controller and we act as your processor under the Data Processing Addendum. Accordingly, you are responsible for:
- Maintaining your own privacy notice that discloses your use of an AI chat assistant and the third-party processing it involves.
- Obtaining any consent required in your jurisdiction before collecting Visitor Data.
- Responding to Visitor privacy requests, with our reasonable assistance.
- Configuring an appropriate visitor-facing disclaimer in your widget settings where your industry or jurisdiction requires one.
7. AI output disclaimer
The Service uses large language models to generate responses grounded in Customer Content. AI-generated responses, summaries, and analytics may be incomplete, outdated, or factually incorrect, and may occasionally produce content not present in your source material. Output is provided for informational purposes only and is not legal, medical, financial, or professional advice. You are solely responsible for reviewing output before relying on it or allowing Visitors to rely on it, and for the consequences of any response the Service generates on your website.
8. Availability, changes, and support
We aim for high availability but do not guarantee uninterrupted or error-free service, and no uptime SLA applies to self-serve plans. We may add, modify, deprecate, or remove features over time. For changes that materially reduce core functionality, we will make reasonable efforts to provide advance notice. Planned maintenance may occur at any time.
9. Third-party services
The Service depends on third-party infrastructure, AI model, and payment providers listed on our Subprocessors page. We are not responsible for outages, changes, or acts of those providers, though we remain responsible for our contractual commitments to you.
10. Intellectual property
We retain all right, title, and interest in the Service, including the plugin, widget, portal, and underlying software. These Terms grant no license to our trademarks. Feedback you provide may be used without restriction or obligation to you.
11. Confidentiality
Each party will protect the other’s non-public information disclosed in connection with the Service using at least reasonable care, and will use it only to perform under these Terms. This does not apply to information that is public, independently developed, or lawfully obtained from a third party.
12. Term, suspension, and termination
- These Terms apply for as long as you have an account.
- You may terminate at any time by cancelling your subscription and closing your account.
- We may suspend or terminate access for material breach, non-payment, or activity that poses a security or legal risk. Except in urgent cases, we will provide notice and a reasonable chance to cure.
- Data after termination. You may export your data before termination. We will delete or anonymize Customer Content and Visitor Data within 30 days after account closure, except where retention is required by law, and subject to routine backup cycles.
- Sections that by their nature should survive termination will survive, including 5, 7, 10–15.
13. Disclaimer of warranties
To the maximum extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding the accuracy or reliability of AI-generated output.
14. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility. Our total aggregate liability arising out of or relating to the Service will not exceed the greater of (a) the amounts you paid us for the Service in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). These limits do not apply to liability that cannot be limited under applicable law.
15. Indemnification
You will defend and indemnify us against third-party claims arising from your Customer Content, your use of the Service in violation of these Terms or applicable law, or your failure to provide required notices to or obtain required consents from Visitors. We will promptly notify you of any such claim and reasonably cooperate in the defense.
16. Changes to these Terms
We may update these Terms. Each version is identified by the version number at the top of this page. For material changes we will provide notice by email or in the admin portal at least 14 days before they take effect, and will ask you to accept the updated version. Continued use after the effective date constitutes acceptance. Non-material changes (clarifications, formatting, contact details) take effect when posted.
17. Governing law and disputes
These Terms are governed by the laws of the State of Rhode Island, without regard to its conflict-of-laws rules. The exclusive venue for any dispute is the state or federal courts located in Rhode Island, and each party consents to personal jurisdiction there. The parties will attempt in good faith to resolve any dispute informally by contacting us at privacy@vividstack.dev before filing a claim.
18. General
These Terms, together with the Privacy Policy and Data Processing Addendum, are the entire agreement between the parties regarding the Service. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
Contact
Company: Vividstack LLC
Email: privacy@vividstack.dev