Terms of Service

1. Introduction and Acceptance

Welcome to Figu Chat ("Figu," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our AI-powered customer support platform, including our Shopify application, website, and related services (collectively, the "Service").

By installing our Shopify app, creating an account, or using our Service in any way, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Service.

If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

2. Description of Service

Figu Chat provides an AI-powered customer support platform designed primarily for Shopify ecommerce stores. Our Service includes:

• AI Chat Widget: An embeddable chat widget that uses artificial intelligence to respond to customer inquiries, provide product recommendations, and assist with purchases
• Shopify Integration: Direct integration with your Shopify store to access product data, process orders, and manage customer interactions
• Email Integration: Gmail integration for managing customer support emails within the Figu platform
• Inbox Management: Tools for organizing, assigning, and responding to customer conversations
• Analytics: Dashboards and reports to track customer interactions and support performance
• Web Crawling: Ability to index your website content to improve AI response accuracy

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by installing our Shopify app or registering through our website. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your account
• Not share your account credentials with unauthorized users
• Notify us immediately of any unauthorized access or security breach
• Ensure that all users within your organization with access to the Service comply with these Terms

3.3 Account Roles

Our Service supports multiple user roles including Master Admin, Admin, and Agent. You are responsible for properly configuring user permissions and ensuring that each user has appropriate access levels for their responsibilities.

4. Subscription Plans and Billing

4.1 Subscription Plans

Figu offers several subscription plans with varying features and usage limits:

• Freemium: Free plan with limited AI messages per month
• Seed: Entry-level paid plan with increased limits and Gmail integration
• Grow: Mid-tier plan with expanded features and higher limits
• Bloom: Premium plan with maximum features and limits

4.2 Getting Started

New accounts start with our Freemium plan at no cost. The Freemium plan includes limited AI messages per month. You can upgrade to a paid plan at any time to access additional features and higher usage limits.

4.3 Billing and Payment

• Subscriptions are billed on a monthly basis
• Payment is due at the beginning of each billing cycle
• All fees are non-refundable except as expressly stated in these Terms
• We reserve the right to change our pricing with 30 days' notice

4.4 Usage Limits

Each plan includes a monthly limit on AI-generated messages. Usage limits reset at the beginning of each billing cycle. Unused capacity does not roll over to subsequent months. If you exceed your plan's limits, you may need to upgrade to a higher plan.

4.5 Refunds

We offer a 30-day money-back guarantee for new subscribers. If you are unsatisfied with our Service within the first 30 days of your initial paid subscription, you may request a full refund by contacting support@figu.ai.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit spam, malware, or other harmful content
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Use the Service to harass, abuse, or harm others
• Collect user information without proper consent
• Resell or redistribute the Service without authorization
• Use automated systems to access the Service in a manner that exceeds reasonable use
• Misrepresent AI-generated responses as human-written without disclosure

6. AI-Generated Content Disclaimer

6.1 Nature of AI Responses

Our Service uses artificial intelligence, including OpenAI's language models, to generate responses to customer inquiries. You acknowledge and agree that:

• AI-generated responses may occasionally contain inaccuracies or errors
• AI responses are based on the information and context provided
• AI responses should not be considered professional advice (legal, medical, financial, etc.)
• You are responsible for reviewing and approving AI-generated content before it is sent to customers

6.2 Human Oversight

We strongly recommend that you maintain human oversight of AI-generated responses, particularly for sensitive or complex customer inquiries. Our Service includes features that allow human agents to review, edit, and override AI responses.

6.3 No Guarantee of Accuracy

While we strive to provide accurate and helpful AI responses, we do not guarantee the accuracy, completeness, or reliability of any AI-generated content. Critical information should always be verified by qualified personnel.

6.4 AI Data Processing

We do not use your customer data or conversations to train our own AI models. Your data is processed through third-party AI providers (such as OpenAI) solely to generate responses. These providers have their own data handling policies, which you can review at their respective websites. We do not share your data with third parties for advertising or marketing purposes.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, and other content, is owned by Figu Chat and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without explicit permission.

7.2 Your Content

You retain ownership of any content you provide to the Service, including product information, custom agent configurations, and business data. By using our Service, you grant us a limited license to use, process, and display this content solely for the purpose of providing the Service to you.

7.3 Customer Data

As a Shopify merchant, you remain the owner and controller of your customer data. We act as a data processor on your behalf and handle customer data in accordance with our Privacy Policy and applicable data protection laws.

8. Third-Party Services

Our Service integrates with various third-party services. By using these integrations, you agree to comply with their respective terms of service:

• Shopify: Our primary integration for ecommerce functionality. Use is subject to Shopify's Terms of Service and Partner Program Agreement.
• OpenAI: We use OpenAI's language models to generate AI responses. Conversation data is processed through OpenAI's API in accordance with their usage policies.
• Google (Gmail): If you connect Gmail, your email data is accessed and processed in accordance with Google's API Services User Data Policy.

We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is at your own risk.

9. Data and Privacy

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points regarding data:

• We collect and process data necessary to provide the Service
• We do not sell your personal information or customer data
• We implement industry-standard security measures to protect your data
• You can request data export or deletion at any time
• We act as a data processor for your customer data; you remain the data controller

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
• WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• IN NO EVENT SHALL FIGU CHAT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Figu Chat and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you provide through the Service
• Your customers' interactions with AI-generated content

12. Termination

12.1 Termination by You

You may terminate your account at any time by uninstalling the Shopify app or contacting us at support@figu.ai. Upon termination, your right to use the Service will immediately cease.

12.2 Termination by Us

We may suspend or terminate your account at any time, with or without cause, and with or without notice, including if we believe you have violated these Terms.

12.3 Effect of Termination

Upon termination:

• Your access to the Service will be disabled
• Your data will be retained for 30 days, after which it may be permanently deleted
• You may request a data export before the 30-day period ends
• Any outstanding fees remain payable
• Provisions that by their nature should survive termination will remain in effect

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending email notification for significant changes

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

14. Service Availability

Our Service is designed primarily for merchants using Shopify. While our Service may be accessible from various locations, we do not guarantee compliance with local laws in all jurisdictions. You are responsible for ensuring your use of our Service complies with applicable laws in your jurisdiction.

15. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Figu Chat regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
• Notices: We may provide notices to you via email, through the Service, or by posting on our website.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

For privacy-related inquiries, please refer to our Privacy Policy or contact our Data Protection Officer at viktor@figu.com.