Terms of Service

1. Definitions

In these Terms, the following definitions apply:

• "Personal Information" means information about an identified or reasonably identifiable individual, as defined in the Australian Privacy Act 1988.
• "Sensitive Personal Information" means health data, tenant histories, passport scans, bank credentials, privileged legal communications, and other categories of data prohibited under Section 14 of these Terms.
• "Customer Content" means all data, documents, text, URLs, and other material uploaded or submitted to the Service by a Customer, including knowledge base content and agent configurations.
• "Service Data" means data generated through use of the Service, including chat conversations, usage metrics, audit logs, and analytics.
• "Third-Party Providers" means the external service providers used to operate the platform, including LLM providers (OpenAI, Groq, Google Gemini, xAI), hosting providers (Render, Neon), payment processor (Stripe), and email provider (Resend).
• "Customer" or "you" means the individual or entity that creates an account and uses the Service.
• "Provider", "we", "us", or "our" means ChatNexus, operated by CHISTY DIGITAL FORGE (ABN: 25 864 140 160), a sole trader based in Sydney, NSW, Australia.

2. Acceptance of Terms

By creating an account, accessing, or using ChatNexus in any way, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the platform.

3. Service Description

ChatNexus is an AI chatbot creation platform that enables users to:

• Create and configure custom AI agents with personalised system prompts and settings.
• Train agents with custom knowledge bases by uploading documents, text, or URLs.
• Embed chat widgets on third-party websites and applications.
• Interact with AI agents powered by third-party LLM providers (OpenAI, Groq, Google Gemini, xAI).

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time with reasonable notice.

4. Account Responsibilities

When you create an account, you agree to:

• Provide accurate and complete registration information and keep it up to date.
• Maintain the security of your password and accept responsibility for all activity under your account.
• Not share your account credentials with others - one account per person.
• Be at least 18 years of age.
• Notify us immediately at support@chatnexus.cloud of any unauthorised use of your account.

5. Acceptable Use

You agree not to use ChatNexus to:

• Upload, transmit, or generate illegal, harmful, hateful, abusive, defamatory, or obscene content.
• Send spam, unsolicited commercial messages, or conduct phishing activities.
• Circumvent usage limits, rate limits, or quotas through technical means.
• Impersonate any person, organisation, or AI system in a misleading way.
• Attempt to reverse-engineer, scrape, or extract proprietary components of the platform.
• Use the platform for medical diagnosis, legal advice, or financial advice without appropriate disclaimers to end-users.
• Violate any applicable laws or regulations.

We reserve the right to investigate and take action, including account suspension or termination, for violations of this section. For a full list of prohibited and restricted use cases, see our High‑Risk Use Policy.

6. Subscription & Payments

ChatNexus offers the following subscription plans (prices in USD):

• Paid subscriptions are billed monthly in advance via Stripe and renew automatically.
• You authorise us to charge your payment method on file on each renewal date.
• We may change subscription prices with at least 30 days' notice by email. Continued use after the notice period constitutes acceptance of the new pricing.
• All prices are in USD. Currency conversion fees (if any) are your responsibility.

7. Cancellation & Refunds

• You may cancel your subscription at any time from the Billing page or directly through the Stripe customer portal.
• Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that date.
• We do not provide partial refunds for unused time within a billing period.
• Refund requests for billing errors or significant service failures may be considered on a case-by-case basis within 14 days of the charge. Contact support@chatnexus.cloud.
• The Free tier is always available - you will never be charged without explicitly choosing a paid plan.

See our Refund Policy for full details.

8. Intellectual Property

• Your content: You retain ownership of all knowledge base content, agent configurations, and data you upload or create on ChatNexus.
• Our platform: ChatNexus, its branding, software, and all associated intellectual property are owned by us and protected by applicable law. You may not copy, reproduce, or distribute our platform without prior written consent.
• Licence grant: By uploading content to ChatNexus, you grant us a limited, non-exclusive, royalty-free licence to process, store, and transmit that content solely for the purpose of providing the service to you.

9. Data Ownership

Customer data belongs to the customer. We do not sell, rent, or monetise your data. Data is processed only as described in our Privacy Policy.

10. AI-Generated Content Disclaimer

AI responses on ChatNexus are generated by third-party LLM providers (OpenAI, Groq, Google Gemini, xAI). We do not control the outputs of these models and make no representations as to the accuracy, completeness, reliability, or suitability of AI-generated content for any purpose.

You are responsible for reviewing AI outputs before acting on them. AI agents on our platform are not intended to provide medical, legal, or financial advice, and should not be used as a substitute for qualified professional advice. If you deploy agents for these domains, you must include appropriate disclaimers for your end-users.

11. Service Availability

We aim to provide a reliable service but do not guarantee uninterrupted or error-free availability. We rely on third-party infrastructure providers (Render, Neon, LLM providers) whose availability is outside our direct control. We may perform scheduled or emergency maintenance at any time. No service level agreement (SLA) is provided unless separately agreed in writing.

12. Limitation of Liability

To the maximum extent permitted by Australian law:

• Our total liability to you for any claim arising out of or related to these Terms or your use of the platform is limited to the amount you paid us in the 12 months preceding the event giving rise to the claim.
• We are not liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or goodwill, even if we have been advised of the possibility of such damages.
• Nothing in these Terms excludes liability for fraud, death or personal injury caused by negligence, or any liability that cannot be excluded under the Australian Consumer Law.

13. Customer Warranty and Indemnity

Customer warrants that it has lawful authority and all necessary consents to submit any personal information to the Service and indemnifies Provider for any claim, loss or liability arising from Customer's failure to obtain such consents or from Customer's unlawful submission of personal information.

14. Prohibited Data and Suspension Right

Customers must not submit sensitive personal information (including health records, tenant histories, passport scans, bank credentials, or privileged legal communications) through public templates. Provider may suspend or terminate access where Customer submits prohibited data or otherwise poses legal risk.

For additional prohibited and restricted use cases, including high‑risk AI applications, see our High‑Risk Use Policy.

15. Data Processing Agreement

A Data Processing Agreement is required and must be signed before Provider enables production access for any use that involves processing personal or sensitive data or where Customer is an entity subject to privacy regulation.

16. Breach Cooperation

Provider will cooperate with Customer in the event of a security incident and will provide reasonable assistance and information to enable Customer to meet its notification obligations under applicable law.

17. Limitation of Liability (Additional)

Provider's liability for claims arising from Customer's use of the Service is limited as set out in this Agreement. Customer agrees that it bears responsibility for lawful collection and consent for any personal data it submits.

18. Widget Embed Disclosure Requirement

Customers embedding the ChatNexus widget must disclose ChatNexus and the language model provider in their website's privacy policy and must obtain end‑user consent for data collection.

19. Termination

• We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if we are required to do so by law.
• You may delete your account at any time from the Settings page or by contacting us.
• Upon termination, your right to access the platform ceases immediately. Data deletion will follow our Privacy Policy.

20. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

21. Dispute Resolution

In the event of a dispute, the parties agree to first attempt to resolve the matter informally by contacting support@chatnexus.cloud. If informal resolution fails, the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

22. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email with at least 14 days' notice before the changes take effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms.

23. Contact

For questions or concerns about these Terms, please contact us: