1. Acceptance of terms
These Terms of Service ("Terms") govern your access to and use of nexChat, including the website at nexchat.exiralabs.com, the nexChat application and any connected integrations (the "Service"), provided by Exira Labs ("Exira Labs", "we", "us", "our").
By creating an account, connecting a messaging channel, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a business, you confirm that you are authorised to accept these Terms for that business, and "you" refers to that business.
2. The Service
nexChat is an AI-powered customer conversation and business operations assistant. It helps businesses respond to customer messages, manage product catalogs, carts and orders, share payment instructions, track payment status, and keep customer and conversation history.
nexChat is under active development. Features, integrations and availability may change, and some features may be offered as early-access or beta features that are provided as-is and may be changed or withdrawn.
3. Eligibility and accounts
- You must be at least 18 years old, or the age of majority where you live, and able to enter into a binding contract.
- You must provide accurate account information and keep it up to date.
- You are responsible for keeping your login credentials secure and for all activity under your account, including activity by staff you give access to.
- Tell us promptly at support@exiralabs.com if you suspect unauthorised access to your account.
4. Your responsibilities as a business
When you use nexChat to communicate with your customers, you are responsible for:
- Obtaining any consent or opt-in required by law or by the messaging platform before messaging customers.
- Giving your customers any privacy notices required by law, including about your use of nexChat and AI to handle conversations.
- The accuracy of your products, prices, stock levels, policies, payment instructions and other business information you provide.
- Fulfilling orders, handling refunds, returns and complaints, and complying with consumer protection, tax and other laws that apply to your business.
- Only uploading data you have the right to use, and not sending us sensitive data (such as health or financial account data) unless it is necessary and lawful.
5. Third-party platforms
The Service can connect to third-party platforms, such as Meta's WhatsApp Business Platform or Instagram messaging, where these integrations are available. When you connect a third-party platform:
- You must comply with that platform's terms and policies, including, where applicable, the Meta Platform Terms, the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy, the Meta Commerce Policies and Instagram's Terms of Use.
- You authorise us to access and process data from that platform on your behalf to provide the Service.
- Third-party platforms are not controlled by us. We are not responsible for their availability, changes to their APIs or policies, or any fees they charge.
- A platform may restrict, suspend or terminate your access under its own rules. Breaching a platform's policies may also lead us to suspend your use of the related integration.
nexChat is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc.
6. AI-generated content
nexChat uses artificial intelligence to understand messages and generate replies and actions. You acknowledge that:
- AI output can be inaccurate, incomplete or inappropriate, and may not reflect your intentions.
- You are responsible for configuring how the AI behaves in your account, for reviewing its output where appropriate, and for responses sent to your customers through your account.
- You can pause the AI or take over a conversation at any time, and you should do so for complaints, sensitive matters or anything the AI is not suited to handle.
- AI output is not professional, legal, financial or medical advice.
7. Acceptable use
You must not use the Service to:
- Send spam, unsolicited bulk messages, or deceptive or misleading marketing.
- Sell or promote products or services that are illegal or prohibited by applicable platform policies.
- Distribute malware, phishing links, or harassing, hateful, abusive or sexually explicit content.
- Impersonate another person or business, or misrepresent your affiliation with anyone.
- Collect or process personal data unlawfully, or without required consent.
- Circumvent rate limits, security measures or access controls of the Service or any connected platform.
- Reverse engineer, copy, resell or build a competing product from the Service, except as permitted by law.
- Interfere with or disrupt the Service or other users.
8. Orders and payments between you and your customers
nexChat helps you share payment instructions and record the status of payments. Unless we expressly say otherwise, nexChat does not process, hold or transfer payments between you and your customers. Any sale is a contract between you and your customer, and you are solely responsible for collecting payment, confirming it has been received, delivering goods or services and resolving disputes.
9. Fees
Some or all of the Service may be offered free of charge during development. If we introduce paid plans, we will tell you the price and terms before you are charged, and you will only be charged if you agree. Fees charged by third-party platforms (for example, messaging fees charged by Meta) are your responsibility.
10. Your content and data
You keep ownership of the content and data you or your customers submit to the Service, including catalogs, business information and conversations ("Your Content"). You grant us a limited licence to host, process, transmit and display Your Content only as needed to provide, secure and improve the Service for you, and as described in our Privacy Policy.
You can delete Your Content or request deletion at any time. See our Data Deletion Instructions.
If you send us feedback or suggestions, we may use them without obligation to you.
11. Our intellectual property
The Service, including its software, design, and the nexChat and Exira Labs names and logos, is owned by Exira Labs and protected by intellectual property laws. These Terms give you a limited, non-exclusive, non-transferable right to use the Service in line with these Terms, and do not transfer any ownership to you.
12. Suspension and termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms or a connected platform's policies, if your use creates a risk for us, other users or third parties, or if required by law. Where reasonable, we will give notice first.
When your account is closed, your right to use the Service ends and we will delete Your Content as described in our Privacy Policy. Sections that by their nature should survive termination (including 10 to 17) will survive.
13. Disclaimers
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free or secure, that AI output will be accurate, or that messages will always be delivered. We are not responsible for interruptions or changes caused by third-party infrastructure or platform providers, including Meta.
14. Limitation of liability
To the fullest extent permitted by law, Exira Labs will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunities, arising from or related to your use of the Service.
To the fullest extent permitted by law, our total liability for all claims relating to the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the claim arose, or USD 100.
Nothing in these Terms limits liability that cannot be limited under applicable law.
15. Indemnity
You agree to indemnify and hold Exira Labs harmless from claims, losses and costs (including reasonable legal fees) arising from your breach of these Terms, your violation of law or third-party platform policies, Your Content, or your dealings with your customers.
16. Changes to these Terms
We may update these Terms as the Service develops. We will update the "Last updated" date above and, for material changes, notify you by email or in the application before they take effect. If you continue to use the Service after changes take effect, you accept the updated Terms.
17. General
- Governing law. These Terms are governed by the laws of the jurisdiction in which Exira Labs is established, without regard to conflict-of-law rules, except where mandatory local law applies.
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
- Severability. If any provision is found unenforceable, the rest stays in effect.
- No waiver. Not enforcing a provision is not a waiver of our right to do so later.
- Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
18. Contact
Questions about these Terms can be sent to Exira Labs at support@exiralabs.com.