Terms of Service

1. Acceptance of Terms

Welcome to WizChat AI. These Terms of Service ("Terms") govern your use of our platform that creates AI-powered chatbots from your documentation and content. By accessing or using our service, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our service.

2. Description of Service

WizChat AI is a SaaS platform that allows you to:

• Upload and process documents (PDFs, Word files, text files)
• Connect YouTube videos and extract transcripts
• Create AI-powered chatbots trained on your content
• Deploy chatbots to your websites
• Monitor chatbot performance and analytics

3. User Accounts and Registration

To use our service, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Be at least 18 years old or have parental consent
• Notify us immediately of any unauthorized account access

You are responsible for all activities that occur under your account.

4. Acceptable Use Policy

You agree not to use our service to:

• Upload illegal, harmful, or copyrighted content without permission
• Create chatbots that promote hate speech, violence, or discrimination
• Attempt to reverse engineer or compromise our systems
• Use the service for spam, phishing, or fraudulent activities
• Violate any applicable laws or regulations
• Share adult content or material harmful to minors
• Impersonate others or provide false information

5. Content and Intellectual Property

Your Content

You retain ownership of all content you upload. By using our service, you grant us a limited license to process, store, and use your content solely to provide our services.

Our Platform

We retain all rights to our platform, including software, algorithms, designs, and trademarks. You may not copy, modify, or distribute our proprietary technology.

6. Pricing and Payment Terms

Free Tier

We offer a free tier with limited features and usage quotas. Free accounts may have restrictions on storage, chatbot interactions, and advanced features.

Paid Plans

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable unless required by law
• Price changes will be communicated 30 days in advance
• Taxes may apply based on your location

Payment Processing

Payments are processed through secure third-party providers. You authorize us to charge your selected payment method for all applicable fees.

7. Service Availability and Support

We strive to maintain high service availability but do not guarantee uninterrupted access. We may perform maintenance, updates, or experience technical issues that temporarily affect service availability.

Support is provided through our designated channels. Response times may vary based on your subscription tier and the nature of your inquiry.

8. Data Privacy and Security

Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We implement reasonable security measures to protect your data, but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

9. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND LIMIT OUR LIABILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF OUR SERVICE.

• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the 12 months prior to the claim
• We do not warrant that our service will meet your specific requirements
• You use our service at your own risk

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of our service, your content, or your violation of these Terms.

11. Account Termination

By You

You may terminate your account at any time through your account settings. Termination does not entitle you to a refund of prepaid fees.

By Us

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for other legitimate business reasons. We will provide reasonable notice when possible.

Upon termination, your access to the service will cease, and we may delete your data after a reasonable grace period.

12. Third-Party Services

Our service integrates with third-party platforms including OpenAI, Google Cloud, and others. Your use of these integrations is subject to their respective terms and privacy policies.

We are not responsible for the availability, functionality, or policies of third-party services.

13. AI System & EU AI Act Compliance

Intended Purpose (Articles 6, 9 & 13)

WizChat AI is intended for: customer support, FAQ automation, knowledge base retrieval, information retrieval from user-provided documents and media, and general-purpose conversational AI. These intended purposes determine the AI system's risk classification under the EU AI Act. Any use outside these intended purposes may alter the risk classification and trigger additional regulatory obligations for the deployer.

AI System Classification

WizChat AI chatbots are AI systems that use large language models (LLMs) to generate responses based on user-provided documentation and content. Under the EU AI Act (Regulation 2024/1689), these chatbots are classified as limited-risk AI systems subject to transparency obligations under Article 50.

Deployer Responsibilities (Article 26)

As a deployer of an AI system built on the WizChat AI platform, you are responsible for:

• Ensuring end-users are informed they are interacting with an AI system
• Not removing, disabling, or obscuring the built-in AI disclosure indicators (disclaimer modal, footer badge, and API headers)
• Monitoring your chatbot for outputs that may be inaccurate, biased, or harmful
• Maintaining appropriate human oversight proportional to the chatbot's use case

Prohibited High-Risk Use Cases (Annex III)

You must not use WizChat AI chatbots as the sole or primary basis for decisions in the following high-risk domains as defined in Annex III of the EU AI Act. Use in these domains without appropriate human oversight and professional review is strictly prohibited:

• Biometrics: Emotion recognition, voice identification, or biometric categorization of individuals through chatbot interactions
• Critical infrastructure: Management or safety-related decisions for critical infrastructure systems (energy, transport, water, digital)
• Education & vocational training: Grading exams, making admission decisions, assessing learning outcomes, or determining access to education
• Employment & workers management: Recruiting, screening, filtering applications, evaluating candidates, or making termination decisions
• Access to essential services: Credit scoring, financial eligibility assessments, insurance risk assessment, or determining access to public assistance
• Law enforcement: Individual risk assessments, evidence analysis, predictive policing, or profiling in the course of detection or investigation of criminal offences
• Migration, asylum & border control: Processing asylum or visa applications, identity verification at borders, or security risk assessments of migrants
• Administration of justice: Legal advice as a substitute for qualified legal counsel, judicial decisions, or dispute resolution outcomes

Medical diagnosis, treatment recommendations, or clinical decisions are also prohibited without qualified professional oversight, consistent with EU medical device regulations.

Liability for Unauthorized High-Risk Use (Article 25)

Under Article 25 of the EU AI Act, if you deploy WizChat AI for a prohibited high-risk purpose listed above, or use it in a manner that falls outside its intended purpose such that it becomes a high-risk AI system, you shall be considered the provider of that high-risk AI system and assume all provider obligations under the EU AI Act — including conformity assessment, registration, quality management, and post-market monitoring.

WizChat AI (WizChat Ltd.) disclaims all provider-level liability under the EU AI Act for any deployment that falls outside the intended purposes defined in this section. You agree to indemnify and hold WizChat harmless from any regulatory penalties, claims, or damages arising from your unauthorized high-risk use.

Violation Consequences

If WizChat becomes aware that a chatbot is being used in a prohibited high-risk domain:

1. You will receive a written warning and a 30-day remediation period to bring your use into compliance
2. If the violation is not remedied within 30 days, WizChat reserves the right to suspend or terminate your account and disable any chatbots operating in prohibited domains
3. In cases of severe or willful violations posing immediate risk to individuals, WizChat may disable the chatbot immediately without prior notice

Transparency Obligations

WizChat AI includes built-in transparency features to help you comply with Article 50 of the EU AI Act. These include an AI disclosure in the initial disclaimer modal, a persistent "AI-Powered Assistant" footer indicator, machine-readable X-AI-Generated headers on API responses, and an AI disclosure section in the privacy policy. You must not remove or circumvent these transparency measures.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated through our service or via email. Your continued use of the service after changes constitute acceptance of the new Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction where our company is incorporated, without regard to conflict of law principles.

Any disputes will be resolved through binding arbitration in accordance with the rules of the applicable arbitration association, except where prohibited by law.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.