Terms for using Sitemynd

1. Agreement to terms

These Terms of Service (“Terms”) form a binding agreement between you (“Client,” “you,” or “your”) and 1320653 B.C. LTD., a company incorporated under the laws of British Columbia, Canada, operating as Sitemynd(“Sitemynd,” “we,” “our,” or “us”).

By creating an account or using the Sitemynd platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are accepting on behalf of a business, you represent that you have authority to bind that business.

If you do not agree to these Terms, do not use Sitemynd.

2. The service

Sitemynd provides a software-as-a-service platform that allows Clients to build, configure, and embed an AI-powered chat widget on their website. Core features include a Knowledge Base for uploading and scraping content, AI-generated answers based on that content, lead capture and inquiry management, and analytics on unanswered visitor questions.

We reserve the right to modify, discontinue, or limit features at any time. We will give reasonable notice for material changes that affect paid features.

3. Accounts

To use Sitemynd, you must register for an account using accurate, complete information. You are responsible for:

• Keeping your login credentials confidential.
• All activity that occurs under your account.
• Notifying us immediately of any unauthorized access at [legal@sitemynd.com].

You must be at least 18 years old to create an account. Accounts are non-transferable without our written consent.

4. Acceptable use

You agree not to use Sitemynd to:

• Violate any applicable law, regulation, or third-party right.
• Upload or transmit content that is illegal, defamatory, obscene, or infringes any intellectual property right.
• Provide false, misleading, or deceptive information to End Users through the widget.
• Attempt to reverse-engineer, decompile, or extract source code from the platform.
• Circumvent usage limits, rate limits, or security measures.
• Resell, sublicense, or white-label the Sitemynd platform without our express written consent.
• Use the platform to send unsolicited commercial communications or operate any form of automated scraping of third-party sites in violation of those sites' terms.
• Engage in any activity that interferes with or disrupts the platform or servers.

We may suspend or terminate accounts that violate this section, at our sole discretion, with or without notice.

5. Client content

You retain all ownership rights to the content you upload, connect, or configure within Sitemynd (“Client Content”). By using the service, you grant Sitemynd a limited, non-exclusive, royalty-free licence to use, store, process, and display Client Content solely to provide the service to you.

You represent and warrant that:

• You own or have the necessary rights and permissions to submit all Client Content.
• Client Content does not violate any law or third-party rights.
• You are responsible for the accuracy and legality of any information your widget provides to End Users.

AI-generated answers are based on the content you provide. We do not guarantee the accuracy of AI outputs. You are solely responsible for reviewing and maintaining the quality and appropriateness of your Knowledge Base.

6. Subscription plans and billing

Plans

Sitemynd offers paid subscription plans (currently Starter and Pro) with different feature sets, query limits, and scraping allowances, as described on our pricing page. Plan details may be updated from time to time with reasonable notice.

Free trial

New accounts receive a 7-day free trial with access to core features and usage limits. No credit card is required to start a trial. At the end of the trial, access is restricted until a paid plan is selected.

Payment and renewal

Paid subscriptions are billed on a recurring monthly basis via Stripe. You authorize us to charge your payment method at the start of each billing period. Fees are stated in the currency displayed at checkout (CAD or USD) and are exclusive of applicable taxes, which will be added where required by law.

Cancellation

You may cancel your subscription at any time through Account → Billing. Cancellation takes effect at the end of the current billing period; you retain full access until then. We do not provide pro-rated refunds for unused portions of a billing period except where required by applicable law.

Past-due accounts

If payment fails, we may suspend your account after reasonable notice. Continued non-payment may result in permanent account termination and deletion of your data following the retention period described in our Privacy Policy.

7. Intellectual property

All rights, title, and interest in the Sitemynd platform, including the software, UI, brand, and documentation, are owned by 1320653 B.C. LTD. These Terms do not transfer any intellectual property rights to you. You receive only a limited, non-exclusive, non-transferable licence to use the platform during the term of your subscription.

If you provide feedback or suggestions about Sitemynd, we may use that feedback without restriction or compensation to you.

8. Confidentiality

Each party may have access to non-public information of the other that is designated as confidential or that reasonably should be understood to be confidential (“Confidential Information”). Each party agrees to:

• Use Confidential Information only to exercise rights or fulfil obligations under these Terms.
• Protect Confidential Information using at least the same degree of care used for its own similar information, and no less than reasonable care.
• Not disclose Confidential Information to any third party without prior written consent, except to employees or contractors who need to know it and are bound by comparable obligations.

These obligations do not apply to information that is or becomes publicly known through no breach of these Terms, was independently developed, or is required to be disclosed by law.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, THAT AI-GENERATED ANSWERS WILL BE ACCURATE OR COMPLETE, OR THAT ANY DEFECTS WILL BE CORRECTED.

AI-generated responses are not legal, financial, medical, or professional advice of any kind. Clients are solely responsible for reviewing and verifying the accuracy of information provided through their widget.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AZZIE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO AZZIE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (CAD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such cases, the above limitations apply to the maximum extent permitted.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sitemynd and its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the service; (b) your Client Content; (c) your violation of these Terms or any applicable law; or (d) the use of your widget by your End Users.

12. Term and termination

These Terms take effect when you create an account and continue until terminated. Either party may terminate the agreement by closing the account (you) or providing 30 days' written notice (us), except that we may terminate immediately for material breach, including violation of the Acceptable Use policy, non-payment, or illegal conduct.

Upon termination, your access to the service ends. We will delete your data in accordance with our Privacy Policy. Sections 5, 7, 8, 9, 10, 11, and 13 survive termination.

13. Governing law and disputes

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the service shall first be submitted to good-faith negotiation by contacting us at [legal@sitemynd.com]. If not resolved within 30 days, either party may pursue resolution through the courts of competent jurisdiction in British Columbia, Canada, and both parties consent to the exclusive jurisdiction of those courts.

14. Changes to these terms

We may update these Terms from time to time. We will notify you of material changes by email or in-app notice at least 14 days before they take effect. Your continued use of Sitemynd after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may cancel your account before the changes take effect.

15. General

• Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Sitemynd regarding the service and supersede all prior agreements.
• Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force.
• No waiver. Failure to enforce any provision shall not constitute a waiver of our right to enforce it later.
• Assignment. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by circumstances beyond their reasonable control.

16. Contact

For questions about these Terms: