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Terms of Service

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1. Acceptance of Terms

By accessing or using the website at https://tochat.at/ (“the Service”), you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

2. Description of Service

tochat is a Software-as-a-Service (SaaS) platform that allows users to create, customize, and deploy AI-powered chat agents (“Agents”) for use on landing pages or embedded within third-party websites. The Service utilizes the Google Gemini API to process conversations

3. Bring Your Own Key (BYOK) Policy

tochat operates on a “Bring Your Own Key” model. To use the Service, you must provide a valid API Key from Google (Gemini API).

  1. Costs: You acknowledge that you are solely responsible for any usage costs, fees, or charges incurred by your Google API Key. tochat does not resell API tokens and is not responsible for billing disputes between you and Google.
  2. Availability: tochat is not responsible for service interruptions, downtime, or latency caused by the Google Gemini API or Google Cloud Platform.
  3. Compliance: You agree to use the Google Gemini API in compliance with Google’s Terms of Service and Usage Policies.

4. User Accounts and Security

To access the Service, you must register using a Google Account. You are responsible for maintaining the confidentiality of your account access and for all activities that occur under your account.

You agree to notify tochat immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that suspect of fraudulent activity or violation of these terms.

5. User Content and Data

You retain all ownership rights to the documents, text, URLs, and files (“Source Data”) you upload to train your Agents.

  1. License to Process: By uploading Source Data, you grant tochat a worldwide, non-exclusive license to host, process, and use said data solely for the purpose of providing the Service to you (i.e., generating AI responses).
  2. Prohibited Content: You agree not to upload content that is illegal, hateful, sexually explicit, defamatory, or infringes on any third-party intellectual property rights.

6. AI Disclaimer

The Service generates responses using Artificial Intelligence. You acknowledge that:

  1. AI may produce inaccurate, offensive, or hallucinated content (“Hallucinations”) even when provided with Source Data via RAG (Retrieval-Augmented Generation).
  2. tochat is not liable for any advice, information, or content generated by your Agents.
  3. You are responsible for monitoring and reviewing the interactions of your Agents.

7. Subscriptions and Payments

tochat offers both Free and Premium (“Pro License”) plans.

  1. Billing: Premium subscriptions are billed annually via PayPal.
  2. Renewals: Subscriptions automatically renew unless canceled at least 24 hours before the end of the billing period.
  3. No Refunds: All payments are final and non-refundable. Since tochat offers a comprehensive Free Plan for testing and evaluation, we do not offer refunds for Premium subscriptions once the transaction is completed.

8. Fair Use and Limits

tochat reserves the right to enforce usage limits to prevent abuse of the platform:

  1. Free Plans: Limited to 50 chats per day and 100,000 characters of knowledge base data.
  2. Data Retention: Free plan chat logs are retained for 7 days. Premium plan logs are retained indefinitely while the subscription is active.

9. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account via the Dashboard.

10. Limitation of Liability

In no event shall tochat or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on tochat’s website, even if tochat or a tochat authorized representative has been notified orally or in writing of the possibility of such damage.

11. Contact Us

If you have any questions about these Terms, please contact us at: [email protected]