chatmerce
Log in Sign up
Back to home
Terms

Terms of service

Effective: 16 May 2026

1. Definitions

  • Chatmerce / we / us — the service provided by Prosit AS, a company registered in Norway (organisasjonsnummer: to be filled in after registration).
  • Customer / you — a natural or legal person who has registered an account in the Service.
  • Service — the conversational agent platform available at app.chatmerce.eu, including the web widget and RCS channels, the dashboard, and the API.
  • Customer Data — content uploaded by the Customer (prompts, knowledge sources, agent configuration) and conversations handled by the Customer’s agent.
  • Sub-processors — the third parties listed in our Privacy Policy.

2. Formation of the agreement

Use of the Service requires registering an account. By registering, you accept these Terms and the Privacy Policy. If you register on behalf of a company, you represent that you are authorised to bind it.

The agreement is formed when registration is confirmed in the dashboard.

3. Account

You are responsible for:

  • The accuracy of the data you provided at sign-up
  • The security of access to your account (a strong password at your OAuth provider, 2FA where available)
  • All actions performed from your account

You may add users within your plan. Each user separately accepts these Terms on first sign-in.

4. Plans and payments

  • The Free plan is free and open-ended — no card required, within the plan’s limits.
  • Paid plans (Starter, Growth) can be activated from the dashboard at any time.
  • Subscriptions are billed monthly or yearly; prices are in EUR, net of VAT.
  • You can cancel from the dashboard — access continues until the end of the paid period.
  • We issue invoices on the first business day after payment (in line with the Polish VAT Act).
  • For yearly billing with cancellation mid-period: no refund (except where the cause is on us — downtime greater than 5 business days in a month).

5. Your data is yours

You remain the sole owner of all Customer Data. You grant us a non-exclusive licence solely to store and process the data to the extent necessary to operate the Service.

We never:

  • Sell your data
  • Use the content of your conversations to train our or anyone else’s LLM models
  • Disclose data to third parties outside the sub-processors listed in the Privacy Policy
  • Monetise data in any other way

After the agreement ends, you have 30 days to export your data in JSON/CSV. After 30 days the data is irreversibly deleted (subject to the retention obligations in section 6 of the Privacy Policy).

6. Acceptable use

You may not use the Service to:

  • Send spam, illegal content, hate speech, or content inciting violence
  • Conduct phishing, social engineering, or attempted account takeovers
  • Reverse-engineer the platform or scrape the API in a way that violates technical rate limits
  • Impersonate another company, person, or public authority
  • Conduct activity prohibited by law in the end-customer’s jurisdiction (for RCS, also Polish law and SerwerSMS’s operator terms)
  • Generate content infringing third-party intellectual property rights

A violation triggers immediate account suspension. A repeated violation ends the engagement without a refund for the unused period.

7. Intellectual property

  • We retain all rights to the platform, source code, design, and Chatmerce trade marks.
  • You retain all rights to your Customer Data.
  • Content generated by the agent is yours, but is subject to the terms of the LLM models used to generate it (Google Gemini — see policies.google.com/terms/generative-ai).

8. Third-party services

The Service relies on:

  • Google Gemini — LLM models. See Google’s terms: policies.google.com/terms/generative-ai.
  • SerwerSMS — RCS message delivery when you enable that channel. Requires a separate contract with Vercom S.A.
  • Clerk — OAuth authentication (Google, Microsoft, Apple).

Outages on the side of third-party providers are not under our control and are not grounds for a claim against us, except where we are liable under GDPR or other mandatory law.

9. Warranties

The Service is provided “as is” — we do not warrant that it will meet all your requirements or be entirely free of errors. We make reasonable efforts that it does, but plans other than Enterprise do not include an SLA.

Enterprise plan: 99.9% SLA with contractual penalties — details in a separate agreement.

10. Limitation of liability

To the extent permitted by law:

  • Our aggregate liability for damages arising from the Service is limited to the fees paid by the Customer in the 12 months preceding the event.
  • We are not liable for:
    • Lost profits, lost revenue, lost business opportunities
    • Indirect or consequential damages
    • Loss of data beyond our backups (35 days)
    • The consequences of business decisions made on the basis of agent answers
  • The above does not limit our liability where mandatory law forbids it (wilful damage, gross negligence, personal injury).

11. Indemnification

The Customer indemnifies Prosit AS against third-party claims arising from:

  • The Customer’s infringement of copyright, trademarks, or other intellectual property rights
  • Uploading to the knowledge base content the Customer did not have rights to
  • The Customer’s breach of section 6 (Acceptable use)

12. Termination

  • Customer: at any time from the dashboard or by email to hello@chatmerce.eu.
  • Us: on 30 days’ notice (without cause) or immediately on material breach of these Terms.
  • After termination you have 30 days to export your data. After 30 days the data is irreversibly deleted (subject to section 6 of the Privacy Policy).

13. Governing law and jurisdiction

These Terms are governed by Norwegian law. Disputes are resolved by the Oslo court, subject to the mandatory consumer-protection provisions of the country of residence of a Customer who is a consumer (EU: Directive 93/13/EEC, Directive 2011/83/EU).

Consumer customers may also use the European Commission’s ODR platform: ec.europa.eu/consumers/odr.

14. Changes to these Terms

Material changes are announced by email with 30 days’ notice. Non-acceptance gives you the right to immediately terminate without financial consequences (we refund a pro-rated portion of the fee for the unused period).

15. General

  • Severability: if any provision of these Terms is unenforceable, the remaining provisions remain in force.
  • No waiver: our failure to exercise a right under these Terms is not a waiver of that right.
  • Assignment: you may not assign rights under the Agreement without our written consent. We may assign the Agreement to an entity acquiring Prosit AS, with email notice to you.
  • Entire agreement: these Terms, together with the Privacy Policy and any DPA, constitute the entire agreement between the parties and supersede all prior oral and written arrangements.

16. Contact

hello@chatmerce.eu

Prosit AS — registered office address to be filled in after registration in the Norwegian Brønnøysundregistrene.