Terms of Service

1. Who this agreement is with

These terms are between you and Whizchat (“we”, “us”), a company registered in Australia, and they govern your use of Whizchat. By creating an account or embedding the widget on a website, you accept them. If you're agreeing on behalf of a company, you confirm you have authority to bind it.

2. What the service does

Whizchat reads the public pages of a website you nominate, builds a knowledge base from them, and provides an embeddable chat widget that answers visitor questions from that knowledge base. It captures contact details visitors mention, notifies you, and lets you take over a conversation and reply as a human.

3. Your account

• Keep your login details secure. You're responsible for what happens under your account.
• Provide accurate details when you sign up, and keep your notification email current. It's how we tell you a customer is waiting.
• One business per account. You must be at least 18 and using the service for a business purpose.

4. The website you connect

You confirm that you own the website you point us at, or are authorised to have its content read and used this way, and that the content doesn't infringe anyone else's rights. We fetch only publicly reachable pages, only when you ask us to.

Some websites can't be read usefully. Sites that render their content with JavaScript, or that present information as images, may return little or nothing. That isn't a fault in the service, and you can enter the important information yourself instead.

5. Accuracy is your responsibility

This is the most important term in this agreement. Please read it.

The chat agent answers from your website and your notes. It is an automated system using a large language model, and it can be wrong, out of date, or incomplete. We show you everything it has learned, in plain English, so you can check and correct it, and anything you correct is kept when your site is re-read.

You are responsible for what your chat agent tells your visitors. That includes answers drawn from your own website. In particular:

• Review what it learned before going live, and especially check prices, opening hours, and anything about availability.
• Nothing re-reads your website on a schedule. If your hours or prices change, the agent will keep giving the old answer until you re-read your site or edit the information yourself. Keeping it current is up to you.
• Treat prices as the sharpest edge of this. The agent quotes figures it found on your site. A stale price quoted to a customer is a commercial problem for you, not for us.

We don't review, approve or monitor what your agent says, and we give no warranty that its answers are accurate, complete, or suitable for any purpose. To the extent permitted by law, we're not liable for any loss arising from an answer it gave, including a lost or unhappy customer, a quote you have to honour, or a regulatory complaint.

6. Your visitors' information

Conversations on your website, and the contact details captured from them, are yours. In data protection terms you are the controller and we are your processor: we hold and process that information on your instructions, as described in our Privacy Policy.

That means some obligations sit with you:

• You need your own privacy policy covering the chat widget and what you do with the details it captures. Ours describes our role; it isn't a substitute for yours.
• You must handle contact details lawfully, including anti-spam rules when you follow up. A visitor mentioning their email in a conversation is not consent to marketing.
• You must pass on requests from visitors to access or delete their information, and we'll help you action them.

We tell visitors, before they type anything, that they're talking to an AI agent and that details they mention may be used to follow up. You must not remove or obscure that notice.

7. Your content

Your website content, knowledge base and conversations remain yours. You grant us a licence to store, copy and process them only as far as needed to run the service for you, including sending them to the providers listed in our Privacy Policy. That licence ends when you delete the content or close your account.

8. Acceptable use

You must not use Whizchat to:

• Break the law, infringe anyone's rights, or mislead or deceive people.
• Connect a website you don't own or aren't authorised to use.
• Present the agent as a human. You may name and style it, but you may not claim a person is typing.
• Collect sensitive information through the widget: health records, government identifiers, payment card details or passwords. It isn't built for that.
• Attempt to extract our prompts or models, resell the service, or place automated or excessive load on it.

Usage is subject to fair use. We may apply limits to protect the service, and we'll try to warn you first unless the problem is urgent.

9. Regulated industries

If your industry regulates what you may say to prospective customers, the agent's answers are your advertising and your compliance obligation. Health practices in Australia are bound by AHPRA's advertising requirements; trades and builders have licensing and quoting rules; financial, legal and migration advice are all restricted.

Being legally in the clear is not the same as being commercially safe. A practice that draws a complaint because of something its chat agent said has a problem regardless of who was at fault. If you're in a regulated field, review what the agent knows with the same care you'd apply to a printed brochure, and consider dismissing topics you can't safely automate, such as pricing.

10. Availability

We aim to keep Whizchat running but don't promise uninterrupted service. It depends on third parties (hosting, database and AI providers) and any of them can fail. We may change or discontinue features, and we'll give reasonable notice of material changes where we can.

The service is provided “as is”. To the extent permitted by law we exclude all warranties not expressly stated here.

11. Fees and billing

Whizchat has a free plan and paid plans. Current prices and what each plan includes are on our pricing page, which forms part of these terms. Prices are in Australian dollars.

Billing. Paid plans are billed monthly in advance through our payment provider, Stripe. We don't receive or store your card details. Your subscription renews automatically each month until you cancel.

Usage limits. Each plan includes a number of conversations per billing period, pooled across all businesses on your account. If you reach that limit, your chat agent stops replying to visitors for the rest of the period. Your account keeps working: visitors' messages are still saved, contact details are still captured, and you can still reply to anyone yourself. Upgrading restores replies immediately.

Changing plans. You can upgrade or downgrade at any time from your dashboard. Changes take effect immediately and Stripe prorates the difference against your next invoice.

Cancelling. You can cancel at any time. Your plan stays active until the end of the period you've already paid for, and your account then moves to the free plan. We don't refund unused time in a period you've started, except where the Australian Consumer Law requires it (see section 12).

Failed payments. If a payment fails, we apply free-plan limits to your account while our payment provider retries the charge. If it still can't be collected, the subscription ends and the account stays on the free plan.

Price changes. We'll give at least 30 days' notice by email before a price increase takes effect for you. You may cancel before it does rather than accept it.

Your data. Moving to the free plan, whether you cancel, a payment fails, or you downgrade, does not delete anything. Your conversations, contacts and knowledge base stay in your account and remain exportable. Deletion happens only when you ask for it or close your account (see section 14 and the privacy policy).

Tax, and who takes your payment. Prices shown are in Australian dollars and are inclusive of GST. Payments are processed by Stripe under its Managed Payments arrangement, which means Stripe is the merchant of record for your subscription: Stripe takes the payment, issues the receipt or tax invoice, and calculates, collects and remits GST, or the equivalent VAT or GST if you're outside Australia. Your card statement and your invoice will reflect that. It doesn't change anything else in these terms: the service, the account and the obligations on both sides remain between you and us.

12. Australian Consumer Law

Nothing in these terms excludes any guarantee, right or remedy you have under the Australian Consumer Law or other law that can't be excluded. Where we're permitted to limit liability for breach of a consumer guarantee, our liability is limited to resupplying the service or paying the cost of having it resupplied.

13. Limitation of liability

Subject to section 12, and to the extent permitted by law, neither party is liable for indirect or consequential loss, lost profits, lost revenue, lost business opportunities or lost data. Our total liability arising out of or in connection with these terms is limited to the greater of the fees you paid us in the 12 months before the claim, and AUD $100.

The AUD $100 floor is there because a cap expressed only as “fees you paid us” is no cap at all for someone on the free plan, who has paid nothing.

You indemnify us against claims arising from your content, from what your chat agent told your visitors, from your handling of visitor information, or from your breach of these terms.

14. Suspension and ending the agreement

You can stop at any time: remove the script tag from your site and close your account. Closing your account deletes your business, conversations, contacts and knowledge base. This can't be undone, so export anything you need first.

We may suspend or close an account that breaches these terms, that creates a legal or security risk, or that we're required to act on. Except where the breach is serious or urgent, we'll tell you first and give you a chance to fix it.

15. Changes to these terms

We may update these terms. We'll change the date at the top, and for material changes we'll email account holders before they take effect. Continuing to use the service after that means you accept the new terms.

16. Governing law

These terms are governed by the laws of Queensland, Australia, and both parties submit to the non-exclusive jurisdiction of its courts.

17. Contact

Questions about these terms: support@whiz.chat, or through our contact form.

See also our Privacy Policy.