1. Introduction

These Terms of Service ("Terms"), together with our Privacy Policy, govern your access to and use of the websites, applications, APIs, SDKs, dashboards, and integrations operated by Agent Chatham Inc. ("Agent Chatham", "we", "our", "us") (collectively, the "Service"). By purchasing a subscription, signing up for an account, installing an integration, or otherwise using the Service, you agree to be bound by these Terms.

2. Communications

By creating an account, you agree that we may send you transactional, product, operational, and — unless you opt out — marketing or promotional communications. You may unsubscribe from non-essential marketing communications by following the unsubscribe instructions provided.

3. Purchases

If you wish to purchase a subscription or other offering made available through the Service, you may be asked to supply certain information, including billing details. You represent and warrant that you have the legal right to use any payment method provided. We reserve the right to refuse or cancel orders due to availability, suspected fraud, or errors in pricing or product description.

4. Promotions

Promotions, special offers, and credits may be subject to additional terms. If the terms of a promotion conflict with these Terms, the promotion terms will govern with respect to that promotion.

5. Subscriptions

Subscriptions renew automatically on a monthly or annual billing cycle unless cancelled before the end of the current billing period. A valid payment method is required; failure to pay may result in suspension or termination of your access to paid features.

6. Free Trials

We may offer free trials at our discretion. We may require billing information to start a trial; you will not be charged until the trial expires, after which the applicable subscription fee is charged automatically unless you cancel first. We reserve the right to modify or cancel free trial offers at any time.

7. Fee Changes

We may modify subscription fees with reasonable prior notice, giving you an opportunity to cancel before the change takes effect. Continued use of the Service after a fee change constitutes acceptance of the new fees.

8. Refunds

Except where required by law or expressly stated otherwise, all fees are non-refundable.

9. Content and Data

You retain all ownership rights in the content and data you submit to or process through the Service, including source code, messages, and files ("Customer Content"). You grant Agent Chatham a limited license to process Customer Content solely to provide, maintain, secure, and improve the Service. We do not use Customer Content to train AI models without your explicit consent.

10. Prohibited Uses

You may use the Service only for lawful purposes. You agree not to use the Service to send spam or phishing messages, distribute malware, harass or harm others, impersonate any person or entity, infringe the rights of others, gain unauthorized access to systems or data, disable or overburden the Service, introduce harmful code, or conduct denial-of-service attacks.

11. Analytics

We may use third-party service providers to monitor and analyze use of the Service, as described in our Privacy Policy.

12. No Use by Minors

The Service is intended only for individuals at least eighteen (18) years old. By using the Service, you warrant that you are at least 18 and have the authority to enter into this agreement.

13. Accounts

You are responsible for safeguarding your account credentials and for all activity under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to suspend or terminate accounts as described in these Terms.

14. Intellectual Property

The Service and its original content (excluding Customer Content), features, and functionality are and will remain the exclusive property of Agent Chatham Inc. and its licensors, protected by copyright, trademark, and other intellectual property laws. Our trademarks may not be used without our prior written consent.

15. Copyright Policy

We respect the intellectual property rights of others. We will respond to valid notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") submitted to founders@agentchatham.com.

16. DMCA Notices

A valid DMCA notice must include: a physical or electronic signature of a person authorized to act on behalf of the copyright owner; a description of the copyrighted work claimed to have been infringed; the location on the Service of the allegedly infringing material; your contact information; a statement that you have a good-faith belief that the disputed use is not authorized; and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

17. Feedback

Any feedback, suggestions, or ideas you provide regarding the Service may be used by Agent Chatham without restriction or compensation. You grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose.

18. Links to Other Web Sites

The Service may contain links to third-party web sites or services not owned or controlled by Agent Chatham. We have no control over, and assume no responsibility for, their content, privacy policies, or practices. You should review the terms and privacy policies of any third-party sites you visit.

19. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not warrant that the Service will be uninterrupted, secure, accurate, or error-free.

20. Limitation of Liability

To the maximum extent permitted by law, in no event shall Agent Chatham, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service. Our aggregate liability shall not exceed the amounts you paid to us for the Service in the twelve months preceding the claim.

21. Termination

We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. You may terminate by discontinuing use of the Service and cancelling your subscription. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

23. Changes to Service

We reserve the right to withdraw or amend the Service, and any material we provide via the Service, in our sole discretion without notice. We may restrict access to some parts of the Service, or the entire Service, from time to time.

24. Amendments to Terms

We may amend these Terms at any time by posting the amended terms on this page. Your continued use of the Service after amendments become effective constitutes acceptance of the revised Terms. Please review these Terms periodically.

25. Waiver and Severability

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. If any provision of these Terms is held to be invalid or unenforceable, it will be eliminated or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

26. Logo Permission

Unless you notify us otherwise in writing, you grant Agent Chatham a non-exclusive, royalty-free license to use your company's name and logo to identify you as a customer on our website and in our marketing materials, consistent with any brand guidelines you provide.

27. Acknowledgement

By using the Service, you acknowledge that you have read these Terms of Service and agree to be bound by them.

28. Contact Us

Questions about these Terms should be sent to founders@agentchatham.com. Agent Chatham Inc., San Francisco, CA, USA.