Terms of Service

Last Updated: October 1st, 2024.

HelperHat is the most affordable & reliable AI-powered customer support service for businesses' websites. By using, visiting, or interacting with HelperHat via its applications or websites, you agree to these Terms of Service.

HelperHat is a worldwide service owned and operated by Nunuworks, Inc. When we refer to HelperHat (“we”, “us" or “our”) in this policy, we refer to the HelperHat website, applications, and services only, not to any other services owned or operated by Nunuworks, Inc. When we refer to users (or you), we mean all users and visitors to HelperHat.

These are HelperHat's Terms of Service, and they apply to all users of the HelperHat service. By using HelperHat you agree to these terms. Please read them carefully and let us know if you have any questions by contacting us at [email protected]. For information about our data practices, please see our Privacy Policy. We collect and use your information in accordance with those policies.

Definitions

For the purposes of these Terms of Service:

  • Admin: refers to a user who signs up on HelperHat to create, edit, manage, or delete business data. Admins have overarching control over business accounts and are responsible for setting up and maintaining the business's presence on HelperHat.
  • Agent: refers to a user who manages customer interactions on behalf of a business. Agents handle live chats, respond to customer inquiries, and ensure customer satisfaction.
  • Business: refers to an entity that utilizes HelperHat's services to offer AI live chat support on their websites. Businesses aim to improve customer service and streamline support processes.
  • Visitor/User: refers to an individual who interacts with the HelperHat chat interface on a business's website. They seek assistance, ask questions, or require support from the business. It also refers to anyone who visits the HelperHat website or uses its iOS and Android apps without necessarily engaging in the live chat feature.

Your Account

When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

Authorized Account Users

As a Business owner (Admin) using HelperHat, you have the ability to create and manage your business account. You are responsible for providing accurate information, complying with all applicable laws, and properly using your administrative privileges. You may add Agents to your account by adding their email addresses. Agents are individuals authorized to provide live customer support and access your business account.

  • Admins are responsible for:
    • Ensuring all business data is accurate and up-to-date.
    • Complying with all applicable laws and regulations, including data protection laws.
    • Managing access rights and promptly removing Agents who no longer require access.
    • Ensuring that all Agents understand and comply with HelperHat's Terms of Service.
  • Agents are responsible for:
    • Handling customer interactions professionally and courteously.
    • Maintaining confidentiality of customer information.
    • Adhering to the business's policies and all applicable laws.

If any of the authorized users leave your team or no longer require access, promptly remove their email addresses from the authorized users list to prevent unauthorized access.

If you need assistance with adding or managing authorized users, please contact us at [email protected].

Business Obligations

As a Business using HelperHat, you agree to:

  • Comply with all applicable laws and regulations, including but not limited to data protection laws such as GDPR and CCPA.
  • Ensure that all content provided to HelperHat, including website content and uploaded files, does not infringe on any third-party intellectual property rights.
  • Be responsible for payment of all fees associated with your selected plan, including any applicable taxes.
  • Use HelperHat services in accordance with these Terms of Service and not for any unlawful or prohibited activities.
  • Indemnify and hold HelperHat harmless from any claims, damages, or losses arising out of your use of HelperHat services or violation of these Terms.

Abusive Conduct

You are responsible for all activity on your account. If you violate our policies or guidelines, we may terminate your account. Don't do anything illegal, abusive towards others, or that abuses HelperHat technically (for example, please do not try to hack HelperHat). If you are using HelperHat's services to generate income, we are not responsible for what you do with your income. Please read our Privacy Policy to learn better how to use HelperHat appropriately. Our policies cover most issues, but if you find a new way to hurt HelperHat or our users, we reserve the right to take swift action to prevent it.

Being a User

To become a user, simply login to the HelperHat website using your business's email address and password. When you join HelperHat, you become part of the HelperHat user community. You can use all the features that HelperHat provides.

Setting up & Utilizing the AI Customer Support

Once you have logged in, entered all the required information, subscribed to a plan, and installed HelperHat on your website, HelperHat can start delivering AI-assisted customer support for your business.

Content Scraping and Usage

By setting up HelperHat, you agree that HelperHat will scrape and analyze the content of your web pages based on your sitemap during onboarding as well as every month. All webpage content accessed and analyzed will be used to improve the accuracy and relevance of AI-powered customer support responses. Remember that HelperHat can only scrape content from your website that is publicly visible to the average website visitor.

Use of Uploaded Files

If you upload any files to HelperHat to enhance customer support responses, these files will be used to answer customer queries. The data within these files may be processed to refine and improve the AI responses provided to customers. Any or all of the content from these files may be used to provide simplified customer support with HelperHat.

Installation of HelperHat Code

By installing the HelperHat code on your website, you enable the HelperHat chat bubble to appear on your pages, allowing direct interaction with your website's visitors and customers. Additionally, HelperHat includes a text and link back to the HelperHat website on your pages. This link is intended to inform your website's visitors (as well as search engines) that your online customer support is provided with the help of HelperHat.

Disclaimer

HelperHat leverages advanced AI technology to provide customer support. While we aim for high accuracy, the nature of AI technology means there is an inherent risk of errors. Occasionally, unexpected technical issues or system downtimes may impact the performance of the AI, potentially disrupting the service temporarily. We strive to resolve such issues promptly but cannot guarantee uninterrupted service.

AI models are continually being refined, but they may not yet account for all possible scenarios or customer queries. HelperHat is not responsible for any inaccuracies, omissions, or consequences arising from the use of AI-generated responses, nor for any decisions made based on such responses. Use of HelperHat indicates acceptance of this disclaimer and an understanding that the service is used at the user's own risk.

Currencies

HelperHat is available to users worldwide. As such, we offer you the ability to pay in the most widely used currencies.

Refunds & Disputes

HelperHat doesn't offer any refunds. Once you log in and subscribe to HelperHat, you are explicitly asked for payment details and confirmation when making payment when subscribing to the Universal Plan. You may not dispute any transactions with HelperHat as all payments are final. If you are a subscriber to one of our plans, you may cancel your subscription account anytime by going to your Account Page and your account will be limited to the remaining number of AI customer support responses. Thereafter, your business won't be able to provide customer support with HelperHat once your billing cycle has ended or you've reached your total AI customer support response limit.

Taxes

We do not collect Tax ID numbers from our users. You may be required to pay taxes based on your local jurisdiction when you are purchasing any of our services. This is typically shown as an extra tax field during the payment checkout process.

Restrictions

We don't allow certain types of users on HelperHat. To create an account you must be at least 18 years old. If you are under the age of 18, then you cannot use HelperHat under any circumstances.

HelperHat's Role

We proactively look at some users' accounts on HelperHat to make sure users follow our policies. These investigations may take a while to resolve. In most situations, we will work with our users to resolve any potential violations and allow the user to continue using HelperHat if they fix the related issue.

Terminating accounts is not an action we take lightly and it is done only in the most extreme cases or circumstances. HelperHat reserves the right to remove a user from participating in any activity on HelperHat if they violate any of our Terms or Policies.

As a global company based in Canada, we must comply with economic sanctions and trade restrictions implemented by the Federal Government of Canada. This means that HelperHat cannot take part in transactions that involve any citizen or people living in those countries. We apologize for the inconvenience this may cause.

We are constantly testing out new features intending to make HelperHat better. We may add or remove features, and often test features with a random subset of our users. If we believe a feature is significantly different from these terms, then we explain those differences in the feature trial.

Account Deletion and Termination

As a user, you may terminate your use of HelperHat at any time by deleting your account through your Account Page . Upon deletion, all your data will be permanently removed from our systems, except where retention is required by law or as otherwise permitted in our Privacy Policy.

HelperHat may suspend or terminate your account or access to the services at any time, with or without cause or notice, including but not limited to if you violate these Terms of Service or applicable laws.

Effects of Termination:

  • Upon termination by either party, you remain responsible for any outstanding payment obligations, including fees due up to the date of termination.
  • All licenses granted to you under these Terms will immediately cease.
  • Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property rights, indemnification, warranty disclaimers, and limitations of liability.

Data Retention:

  • HelperHat will delete your data upon account deletion, except where retention is required by law or necessary for legitimate business purposes.

If you have any questions about account deletion or termination, please contact us at [email protected].

Your Activities

By using HelperHat to provide customer support, you acknowledge that all your data will exclusively be used for enhancing your business's AI customer support responses. HelperHat guarantees that your data will remain private and will not be used for any other purposes. Your data will not be shared, distributed, or used to create derivative works, and it will not be made available to any third parties under any circumstances. You are also reminded not to impersonate another person or infringe upon others' intellectual property or proprietary rights when using HelperHat.

Data Privacy and Security

HelperHat is committed to protecting the privacy and security of all user data. We implement appropriate technical and organizational measures to safeguard personal and business information against unauthorized access, alteration, disclosure, or destruction.

By using HelperHat, you acknowledge and agree that we may collect, process, and store your data in accordance with our Privacy Policy. This includes data provided by Admins, Agents, Businesses, and Visitors/Users.

We encourage you to review our Privacy Policy for detailed information on our data handling practices, including how we collect, use, and protect your information. If you have any questions about data privacy and security, please contact us at [email protected].

Your Integrations With Third-Party Software

You may grant HelperHat access to your third-party accounts for some HelperHat features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that HelperHat can access. At any time, you can revoke HelperHat's access to those accounts using the third-party integration applications.

Intellectual Property Rights

Your Content:

By using HelperHat, you retain all rights to your business data, content, and any materials you provide to us, including website content, uploaded files, and trademarks. This includes full ownership of any AI-generated responses that are produced through the use of HelperHat's services. We do not claim any ownership over your business's content, inputs, or the resulting AI-generated responses.

You grant HelperHat a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify your content solely as necessary to provide the services, such as enhancing AI-generated responses and displaying your business's logo or trademarks within the chat interface. However, all AI-generated responses and any data you or your visitors input remain your exclusive property.

HelperHat's Content:

Our creations are protected by copyright, trademark, and trade secret laws. Some examples of our creations include our site, our logo, our icon, and our codebase. We grant you a license to use our logo and icon to promote HelperHat only. You may use our logo or icon for article publishing and distribution, but you may not edit them in any shape or form before publishing.

AI-Generated Responses:

All AI-generated responses created through HelperHat's services are fully owned by the business. HelperHat does not claim any ownership over the AI-generated responses, inputs, or other content provided by your business or its visitors/users. You are free to use, reproduce, distribute, and display the AI-generated responses as you see fit for your business's operations.

You may not otherwise use, reproduce, distribute, perform, publicly display, or prepare derivative works of our creations (such as our logo, icon, or codebase) unless we give you permission in writing. Please contact us if you have any questions at [email protected].

Indemnity

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of HelperHat. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

Warranty Disclaimer

HelperHat is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates, and third-party service providers.

Limitation of Liability

To the fullest extent permitted by law, HelperHat and its affiliates, officers, directors, employees, agents, and third-party service providers shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data loss, service interruptions, or inaccuracies in AI-generated responses, arising out of or relating to your use of HelperHat or these Terms of Service.

HelperHat's total cumulative liability to you for any claims arising from or related to the service shall not exceed the amount you have paid to HelperHat for the use of the service in the six (6) months preceding the claim.

You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and HelperHat, and that these limitations are an essential basis of our ability to make the services available to you on an economically feasible basis.

Dispute Resolution

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or concerning your use of HelperHat, then the dispute will be resolved in a provincial court located in Vancouver, British Columbia, Canada. Both parties consent to the exclusive jurisdiction and venue of the British Columbia courts to resolve any such dispute. British Columbia law, excluding its conflict of law provisions, governs these terms, all other HelperHat policies, and any dispute that arises between you and HelperHat.

Updates to the Terms

We may occasionally update these Terms of Service and any referenced policies. If we make material changes that could adversely affect your rights, we will notify you by email or through a notice on our website at least thirty (30) days before the changes take effect.

Your continued use of HelperHat after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using HelperHat before the changes come into effect.

Conclusion

These Terms and any referenced policies constitute the entire agreement between you and us and supersede all prior agreements. If any provision in these Terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these Terms, and all other provisions remain in force. If either party fails to enforce a right provided by these Terms, it does not waive the ability to enforce any rights in the future.

These Terms are an agreement with Nunuworks Inc. British Columbia law, excluding its conflict of law provisions, governs these Terms, all other HelperHat policies, and any dispute that arises between you and HelperHat. If you use accessibility tools and have questions or concerns, please contact us at [email protected].

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