Terms & Conditions

1 Acceptance of Terms

By accessing or using ChatBeacon's website, software, APIs, or any related services (collectively, the "Services"), you agree to be bound by these Terms & Conditions (the "Terms"). If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree with any part of these Terms, you must not access or use the Services. These Terms apply to all visitors, users, and others who access the Services.

2 Definitions

3 Account Registration

To use certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to your account.

• You must be at least 18 years old to create an account.
• Each account is for a single organization or individual — no account sharing.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4 Description of Services

ChatBeacon provides an AI-powered customer engagement platform that includes, but is not limited to:

• AI Chatbots — Generative AI chatbots trained on your content, powered by OpenAI
• Live Agent Chat — Real-time messaging between your team and website visitors
• Co-Browse & Screen Share — Real-time visual collaboration tools
• Video Chat — In-browser video calls between agents and visitors
• PictureData™ — AI-powered visual product search for e-commerce
• Integrations — Connections to third-party services via API and Zapier

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with reasonable notice when possible.

5 Subscriptions & Billing

5.1 Plans & Pricing

The Services are offered under various subscription plans as described on our Pricing page. Prices are subject to change with 30 days' written notice.

5.2 Billing

Subscription fees are billed in advance on a monthly or annual basis depending on the plan selected. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law.

5.3 Free Trials

We may offer free trial periods at our discretion. At the end of a trial, your account will be converted to a paid subscription unless you cancel before the trial ends. No credit card is required for trial activation.

5.4 On-Premise Licensing

On-premise deployments are governed by a separate Enterprise License Agreement. Contact us for details.

6 Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Transmit any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Send unsolicited messages (spam) through the chat platform
• Use the AI features to generate content that is unlawful, harmful, or deceptive
• Reverse-engineer, decompile, or disassemble any part of the Services
• Resell or redistribute the Services without our written consent

7 Intellectual Property

7.1 Our IP

The Services, including all software, design, text, graphics, logos, and trademarks, are the property of SmartMax Software, Inc. and are protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks without prior written consent.

7.2 Your Content

You retain all rights to content you upload, submit, or transmit through the Services ("Your Content"). By using the Services, you grant us a limited, non-exclusive license to process Your Content solely to provide and improve the Services.

7.3 AI-Generated Content

Content generated by our AI chatbot is derived from Your Content and our models. You are responsible for reviewing and approving any AI-generated responses before they represent your brand to customers.

8 Data & Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.1 Data Ownership

You own your Customer Data. We do not sell your data to third parties. We process your data solely to provide the Services and as described in our Privacy Policy.

8.2 Data Security

We implement industry-standard security measures including SOC 2 Type II compliance, 256-bit TLS encryption, and US-based data centers powered by Microsoft Azure. For regulated industries, we offer on-premise deployment and HIPAA Business Associate Agreements.

8.3 Data Retention

We retain Customer Data for the duration of your subscription plus 30 days following termination. After that period, data is permanently deleted from our systems unless otherwise required by law.

9 Disclaimers & Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We do not warrant the accuracy of AI-generated content. You acknowledge that AI responses should be reviewed before deployment in regulated or high-stakes environments.

10 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTMAX SOFTWARE, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

Our total aggregate liability for all claims arising under these Terms shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

11 Indemnification

You agree to indemnify, defend, and hold harmless SmartMax Software, Inc. and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

12 Termination

Either party may terminate a subscription by providing written notice at least 30 days before the end of the current billing period. We reserve the right to suspend or terminate your account immediately if you violate these Terms.

Upon termination:

• Your access to the Services will cease immediately
• We will retain your data for 30 days to allow data export
• After 30 days, all Customer Data will be permanently deleted
• Any outstanding fees remain payable

13 Governing Law & Disputes

These Terms are governed by the laws of the State of Oklahoma, United States, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Tulsa County, Oklahoma.

Before filing any claim, both parties agree to attempt resolution through good-faith negotiation for a period of at least 30 days.

14 Changes to Terms

We may revise these Terms from time to time. Material changes will be communicated via email or a prominent notice on our website at least 30 days before they take effect. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

15 Contact Us

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

• Company: SmartMax Software, Inc. d/b/a ChatBeacon
• Address: Tulsa, Oklahoma, United States
• Email: legal@chatbeacon.io
• Phone: +1-918-388-5900
• Website: www.chatbeacon.io