Terms of Service

1. Definitions

"Service" means the Direct Support AI SaaS platform, related APIs, dashboard, and embedded chat components.

"Client" means any organization or individual who creates an account to use the Service.

"End User" means a visitor or customer interacting with a Client's website via our chat widget.

"Credits" means prepaid usage units applied to features within the platform.

"Custom Tools" means any external integration, API, or dataset the Client connects to the Service.

2. Acceptance of Terms

By creating an account, accessing the dashboard, using the API, or embedding the chat widget, you agree to be bound by these Terms of Service and our Privacy Policy, which forms an integral part of these Terms.

If you represent a company, you confirm that you have authority to bind that company.

Business Customers. The Service is intended for business use only. By using the Service, the Client represents that it acts for professional purposes and not as a consumer.

3. Description of the Service

Direct Support AI provides hosted tools to integrate AI chat assistants into Client websites and systems.

We may update or modify the Service at any time, including features, pricing, or interface, without materially reducing its core functionality without notice.

No specific uptime or performance level is guaranteed; we operate on a best-effort basis.

4. Accounts and Access

Clients must:

• Provide accurate registration information
• Secure their credentials and API keys
• Be responsible for all activity under their account

Credentials & Shared Secrets. The Client must keep any key or password confidential and rotate compromised keys immediately. The Client is responsible for usage executed with its credentials.

We may suspend or terminate access in case of suspected abuse, fraud, or security risk.

End Users do not have a direct contractual relationship with us.

5. Credits, Free Credits & Payments

5.1 Free Credits

• Upon verified email signup, limited free credits may be granted
• Free credits are first-come, first-served, may be restocked periodically, and can be modified or withdrawn at any time

5.2 Paid Credits

• Credits have a fixed accounting value (1 credit = 1 USD).
• For payments in currencies other than USD, daily exchange rates are obtained from ExchangeRate-API (exchangerate-api.com) at the time of purchase.
• Credits are non-refundable, non-transferable, and expire 24 months after purchase.
• Base pricing and consumption rates are displayed on the Pricing Page and may vary.
• If underlying provider costs change (e.g., OpenAI API pricing), we may adjust credit consumption rates with at least 15 days' notice via dashboard or email.

5.3 Wallet & Auto-Top-Up

The Service operates on a prepaid wallet basis. Credits are deducted in real time as features are used. The Client may enable an auto-top-up option to automatically purchase additional credits when the wallet balance falls below a chosen threshold.

• The Client is solely responsible for configuring auto-top-up and its associated monthly deposit limit.
• Top-ups executed within the configured limit are final, non-refundable, and considered Client-authorized.
• If the Client disables auto-top-up or reaches the monthly limit, the Service may pause or reject new requests until additional funds are manually added.
• We are not liable for credit consumption caused by End User or automated interactions that occur within the configured wallet and limit settings.

In the event of a verifiable system malfunction causing charges to exceed the explicitly configured monthly deposit limit, our sole obligation is to credit the Client’s account for the amount exceeding that limit. This credit constitutes the Client’s exclusive remedy, subject to the aggregate liability cap in Section 11.

5.4 Payments

• Payments are processed by Stripe in accordance with French accounting law
• Invoices and taxes are handled by Stripe on our behalf

Spending Controls. The Client may configure an auto-top-up limit and monthly cap in the dashboard. Unless such a cap is properly enabled and active, credit purchases and usage will continue automatically while funds are available. The Client is responsible for monitoring consumption, available balance, and configuration of spending controls.

5.5 FAQ Embedding Fee

Creating or updating FAQ content incurs an embedding fee of approximately $0.005 per 1M characters (deducted from credits at processing time; subject to Section 5.2).

5.6 Public Tools Pricing

Certain tools are offered as public tools with a clearly displayed per‑call price in the dashboard and/or tool catalog. When such a tool is available and the AI invokes it, the displayed per‑call price is charged each time the tool is used and deducted from the Client’s credits (subject to Section 5.2).

• Charges apply per invocation initiated by the AI, including calls within multi‑step answer chains; retries may incur additional charges unless explicitly stated otherwise.
• Per‑call prices may vary by provider, configuration, or region and may change; the effective price is the one displayed at the time of use.

6. Client Responsibilities

Clients must:

• Configure integrations and tools safely and lawfully
• Obtain End User consent (or another valid legal basis) for data processed via the chat widget
• Comply with GDPR and any other applicable data-protection laws
• The Client must clearly inform its End Users that they are interacting with an AI system and that responses may be inaccurate or incomplete.

We are not responsible for issues, breaches, or damages caused by Client-supplied integrations, data, or configuration errors.

6bis. Abuse, Overuse & Shared Responsibility

The Service includes optional anti-abuse controls (e.g., CAPTCHA, rate limits, per-period message caps, spending controls). These controls are provided on a best-effort basis and are not a guarantee against automated traffic, spam, or malicious use by third parties.

6bis.1 Client Responsibility for Traffic

• The Client is solely responsible for all interactions with the embedded widget on its properties, including messages generated by End Users, bots, or third parties.
• The Client must configure available controls appropriate to its risk profile (e.g., enabling monthly deposit limits, gating access behind authentication where feasible, and monitoring usage dashboards).
• The Client remains responsible for fees and credit consumption incurred within the configured wallet balance and auto-top-up limits.
• If the Client fails to configure or maintain a monthly limit, the wallet may continue topping up automatically; all such transactions are considered authorized and non-refundable.

6bis.2 No Abuse-Protection Guarantee

While we may provide tools (e.g., CAPTCHA, rate limiting) to mitigate abusive traffic, we do not guarantee prevention of automated or fraudulent interactions. The Client is responsible for implementing additional measures as needed (e.g., session gating, identity checks, geo/IP rules).

6bis.3 Credits & Overuse

• Credits consumed due to End User or third-party activity are non-refundable, except as provided in Section 11.4 (Service Faults exceeding the configured monthly deposit limit).
• Chargebacks or disputes relating to consumption within configured limits or absent a monthly cap are a breach of these Terms.

7. Our Responsibilities

We will:

• Operate the Service using reasonable technical and organizational efforts ("best-effort uptime")
• Maintain security, monitoring, and data-retention limits
• Provide notice before major updates that materially affect usage

We do not guarantee uninterrupted or error-free service. We may suspend or restrict usage to protect the system, comply with law, or prevent abuse.

No Service-Level Agreement applies unless separately signed.

8. Third-Party & AI Providers

We may use subprocessors including OpenAI LLC (US) and others for AI generation. Some data may transit outside the EEA under EU Standard Contractual Clauses (SCCs).

By using the Service, the Client authorizes such subcontracting and data transfers as described in the Privacy Policy.

9. Data & Privacy

• We act as Data Controller for Client account and billing data
• We act as Data Processor for End User chat data; the Client remains the Data Controller

Retention

• Chat messages: deleted after 6 months of inactivity or earlier on Client deletion/API request
• Logs: deleted after 6 months
• Accounts: permanently deleted 30 days after flag for deletion
• Billing data: retained 10 years (legal obligation)
• Hashed emails: retained indefinitely for fraud prevention (legitimate interest)

Full GDPR details are available in the Privacy Policy.

10. Prohibited Use

Clients shall not:

• Use the Service for unlawful, abusive, or discriminatory purposes
• Transmit malicious code or spam
• Attempt to reverse-engineer or bypass quotas or limits
• Resell or sublicense the Service without prior written consent

We may suspend or terminate any account violating this section.

10.1 Fair Use & Automated Traffic

The Client must not deliberately generate artificial traffic for the purpose of inflating usage or testing beyond reasonable load. Automated traffic for legitimate QA or testing must use separate environments and respect configured limits. We may throttle, block, or suspend usage to protect the Service or other customers.

11. Liability & Indemnification

To the maximum extent permitted by law:

• Our total aggregate liability for any claim arising from or related to the Service is limited to the total amount paid by the Client in the twelve (12) months preceding the event giving rise to the claim
• We are not liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or data
• The Client shall indemnify and hold harmless COPPER HEART FACTORY SAS from claims or damages arising from the Client's misuse, integrations, or End User data

11.4 Overuse Caused by Service Faults

If (and only if) the Client has properly configured a monthly deposit limit and the Service fails to enforce it due to a verifiable defect solely attributable to us, our sole obligation is to credit the Client’s account for the amount of charges exceeding that monthly deposit limit. This credit is the exclusive remedy and is subject to the aggregate liability cap in this Section.

11.5 Third-Party Abuse

We are not liable for costs arising from third-party or automated interactions with the Client’s widget, including bots, spam, or malicious traffic, except as provided in Section 11.4. The Client remains responsible for configuring controls and monitoring usage.

11.6 Indemnity for Misconfiguration & Integrations

The Client shall indemnify and hold harmless COPPER HEART FACTORY SAS from claims, losses, or fees arising from Client misconfiguration, disabled or insufficient limits, unsafe integrations, or exposure of API keys or widget code that enables abuse.

11.7 Auto-Top-Up Disclaimer

The auto-top-up feature is provided for convenience and relies on the Client’s configuration. We are not responsible for over-funding or unintended top-ups resulting from misconfiguration, shared account access, or abusive third-party traffic, except where the system demonstrably exceeded the Client’s configured monthly deposit limit due solely to a technical fault on our side.

11.8 Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to internet or hosting outages, DDoS attacks, failures of third-party providers, acts of government, or natural disasters. Obligations affected by such events are suspended for their duration.

11.9 Aggregate Cap

All claims and liabilities arising out of or related to the Service, whether in contract, tort, or otherwise, are subject to a single aggregate cap equal to the amount specified in Section 11, regardless of the number of incidents or claims.

11.10 AI Outputs and Reliance Disclaimer

The Service uses artificial intelligence to generate text and other outputs. Such outputs are automatically produced and may contain inaccuracies or inappropriate content. They are provided for informational purposes only and without any warranty of accuracy, reliability, or fitness for a particular purpose. Clients and End Users must independently verify all information before relying on it. COPPER HEART FACTORY SAS disclaims all liability arising from or related to any AI-generated output, decision, or reliance.

The Service may also execute custom tools or integrations configured by the Client. These tools are operated under the Client's exclusive control and responsibility. We make no representation or warranty regarding the accuracy, completeness, or security of any result produced by such tools or AI outputs. We disclaim all liability for damages, errors, loss of data, or security incidents arising from or related to the use or execution of Client-configured tools, third-party APIs, or the reliance on automated outputs.

11.11 Compliance Responsibility

The Client is solely responsible for ensuring that its use of the Service complies with applicable laws, including data-protection, consumer-information, and accessibility requirements. We provide no warranty of legal compliance for the Client’s own deployment or configuration.

12. Service Modifications & Termination

• We may modify, suspend, or discontinue any feature at any time with reasonable notice
• Either party may terminate the account at any time
• When an account is flagged for deletion, data is removed after 30 days in accordance with our deletion schedule
• Unused credits are subject to the expiry rules stated above and are not refundable

13. Intellectual Property

• All intellectual-property rights in the Service, code, design, and brand belong to COPPER HEART FACTORY SAS
• Clients retain ownership of their own data, documentation, and content processed through the Service
• You grant us a limited license to process that content solely to provide the Service

14. Export Control & Sanctions

The Service is not available to users or entities located in or ordinarily resident of countries subject to EU, UN, or US sanctions, including but not limited to Iran, North Korea, Syria, and the Crimea regions.

15. Amendments

• We may update these Terms from time to time
• Material changes will be notified via dashboard or email
• Continued use of the Service after such notice constitutes acceptance of the updated Terms

16. Governing Law & Jurisdiction

• These Terms are governed by French law
• Any dispute shall be submitted to the competent courts of Thonon-les-Bains, France, subject to mandatory local law for consumers where applicable

17. Contact

18. Language & Translations

The Service’s interface, documentation, and communications may be available in multiple languages.

The English version of the Service interface and content is the sole official and authoritative version.

Any translations or localized versions are provided for convenience only and may not accurately reflect the English text or meaning.

In case of any discrepancy, ambiguity, or inconsistency between the English version and any translation, the English version shall prevail.