Terms of Service

Effective date: 1 June 2026

1. Introduction and acceptance

These Terms of Service (the "Terms") govern access to and use of the Assistify platform (the "Service"), published by NATIV STUDIO OÜ, a company registered in Estonia under number 17290338, with registered address at Järvevana tee 9, Kesklinna linnaosa, 11314 Tallinn, Estonia ("Assistify", "we", "us", "our").

Assistify is a business-to-business customer-support solution that combines an embeddable chat widget, an in-product artificial intelligence agent named "Aiva", a shared team inbox, visitor analytics, and integrations with third-party commerce platforms.

By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, the entity you represent (the "Merchant", "you", "your") agrees to be bound by these Terms. If you do not agree, you must not access or use the Service. If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

These Terms are entered into between Assistify and the Merchant only. They are a business-to-business agreement intended for professionals acting in the course of their trade, business, or profession. The Service is not directed at consumers, and consumer-protection rules that apply to individuals acting outside their professional activity do not apply to this agreement.

We use the term "Merchant" consistently across these Terms, our Data Processing Agreement, and our Privacy Policy to refer to you, the business that subscribes to the Service.

2. Definitions

The following terms have the meanings set out below.

"Service" or "Platform" means the Assistify hosted software, including the chat widget, the Aiva AI agent, the dashboard, the knowledge base, analytics, integrations, and any related software, documentation, and APIs we make available.
"Widget" means the embeddable chat interface that the Merchant installs on its websites or applications by means of our script tag.
"Aiva" or "AI Features" means the in-product artificial intelligence agent and related automated features that generate responses, suggestions, summaries, and similar outputs.
"Authorised Users" means the Merchant's team members, agents, and other individuals the Merchant permits to access the dashboard, including the roles Owner, Admin, Agent, and Viewer.
"End User" or "Visitor" means an individual who interacts with the Widget on the Merchant's website or application. End Users are users of the Merchant, not of Assistify.
"Merchant Data" means all data, content, and materials that the Merchant or its Authorised Users or End Users submit to or generate through the Service, including knowledge base content, conversation messages, contact and visitor records, attachments, and configuration.
"Knowledge Base" means the documents, articles, URLs, topics, and other content the Merchant uploads or connects so that Aiva can ground its responses.
"Plan" means the Free, Pro, Unlimited, or other subscription tier the Merchant selects, together with its applicable limits, features, and pricing.
"Conversation" means a chat thread with an End User. Conversations are the unit by which usage is measured and billed under paid Plans.
"DPA" means our Data Processing Agreement, available at https://assistify.chat/dpa.

3. Accounts

3.1 To use the Service, you must register for an account and provide accurate, current, and complete information. You are responsible for keeping that information up to date.

3.2 Account credentials are personal to each Authorised User and must not be shared. You are responsible for maintaining the confidentiality of credentials and for all activity that occurs under your account, including the acts and omissions of all Authorised Users.

3.3 You are responsible for the roles and permissions you assign to Authorised Users (Owner, Admin, Agent, Viewer) and for ensuring that their access is appropriate. You must notify us promptly of any unauthorised use of your account or any other breach of security.

4. The Service and Plans

4.1 We provide the Service on a subscription basis through different Plans (Free, Pro, Unlimited, and any others we offer). The features, usage allowances, and limits that apply to your Plan are those published for that Plan when you subscribe.

4.2 We continuously develop the Service and may add, change, or remove features, provided we do not materially reduce the core functionality of a paid Plan during a paid period. We may publish routine updates without prior notice. If we make a change that materially and adversely affects the core functionality of your paid Plan, you may terminate the affected subscription on notice to us, and we will refund the portion of any fees you have prepaid for the unused remainder of your then-current period.

4.3 Branding. Plans that do not include branding removal display a "Powered by Assistify" attribution in the Widget. You must not hide, remove, or alter that attribution unless your Plan includes the branding-removal entitlement.

4.4 Availability. We are committed to keeping the Service reliable and monitor its availability continuously, with live and historical status published at https://status.assistify.chat. We use reasonable efforts to keep the Service available, to resolve significant unplanned interruptions promptly, and to schedule planned maintenance so as to minimise disruption, giving advance notice where reasonably possible. We do not guarantee uninterrupted or fault-free availability, and our responsibility for interruptions is governed by sections 11 and 12.

5. Artificial intelligence (Aiva)

5.1 How Aiva works. Aiva uses third-party large language models to generate automated responses to your End Users. The AI providers we use are listed in our Sub-processor List at https://assistify.chat/subprocessors and may change over time in accordance with the DPA.

5.2 No warranty on outputs. AI Features are probabilistic and can produce content that is inaccurate, incomplete, outdated, or otherwise unsuitable, including content that is not supported by your Knowledge Base. We do not warrant the accuracy, reliability, or fitness of any AI output. You are solely responsible for the responses Aiva provides to your End Users, including for reviewing them, configuring Aiva appropriately, and curating the Knowledge Base content on which it relies. You must not present AI outputs as professional advice (such as legal, medical, or financial advice) where doing so would be inappropriate or unlawful.

5.3 Human handoff. The Service is designed so that, once one of your Authorised Users replies to a Conversation, Aiva will not automatically respond again in that Conversation unless it is expressly invited back. We do not guarantee that a human will be available to respond to any Conversation. You are responsible for monitoring and staffing Conversations, including those that Aiva escalates or that a human has handled.

5.4 AI transparency. As the provider of Aiva, we are responsible for designing it so that your End Users are informed they are interacting with an AI system, as required by Article 50 of Regulation (EU) 2024/1689 (the EU AI Act). We provide this disclosure by design, including a persistent "Aiva, AI assistant" label shown while the AI is handling a conversation. As deployer, you must keep that disclosure enabled and visible, must not disable, hide, or obscure it, and must not present Aiva to your End Users as a human.

5.5 No model training on your data. We do not use Merchant Data, and our AI providers do not use it, to train AI models. Our AI providers process Merchant Data only to generate responses for you, and may retain it briefly for security and abuse-monitoring purposes as described in their published policies, our Sub-processor List, and the DPA.

6. Merchant Data and your responsibilities

6.1 Ownership. As between you and us, you retain all rights in and to the Merchant Data. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and otherwise use the Merchant Data for the purpose of providing, securing, maintaining, and improving the Service, including by transmitting it to our sub-processors and AI providers to generate responses and operate the features you use.

6.2 Aggregated data. We may generate and use aggregated, anonymised, or de-identified data derived from use of the Service to operate, analyse, and improve the Service, provided such data does not identify you, your Authorised Users, or your End Users.

6.3 Roles under data protection law. For personal data relating to your End Users that we process through the Widget, you are the controller and we are the processor. That processing is governed by the DPA, which you accept electronically when you create your account and which is recorded against your account with its version and date. For personal data relating to your own account, billing, and use of the Service, we act as an independent controller as described in our Privacy Policy at https://assistify.chat/privacy.

6.4 Your warranties. You represent and warrant that:

you have all rights, consents, and lawful bases necessary to submit the Merchant Data to the Service and to have it processed as described in these Terms and the DPA;
the Merchant Data and your use of the Service comply with all applicable laws, including data-protection, marketing, consumer, and intellectual-property laws;
you provide your End Users with the information required by law, including any privacy notice and, where required, that you obtain consent (for example for non-essential cookies or storage on End User devices); and
the Merchant Data does not infringe the rights of any third party.

6.5 Prohibited and special-category data. You must not upload to the Knowledge Base, or otherwise process through the Service, special-category data within the meaning of Article 9 of the GDPR (such as data revealing health, racial or ethnic origin, or political or religious beliefs) or unmasked payment card data, without our prior written agreement and the legally required safeguards. You remain responsible for any such data you choose to process.

6.6 End Users. Your End Users are your users, not ours. You are responsible for your relationship with your End Users, for any disputes with them, and for the content of your Conversations. We have no direct relationship with your End Users.

6.7 Proactive messaging. If you configure proactive triggers or automated messages, you are responsible for ensuring those communications comply with applicable consent, anti-spam, and electronic-communications rules.

7. Third-party integrations and sub-processors

7.1 The Service can connect to third-party platforms and services that you choose to enable, such as commerce platforms (for example Shopify, SellHub, SellApp, Komerza), identity providers (for example Discord), and messaging or webhook endpoints. Your use of any third-party service is governed by that third party's own terms, and we are not responsible for third-party services, their availability, or their handling of data.

7.2 We may suspend or disable an integration where it poses a security, legal, stability, or compliance risk, or where the third party requires it. We will use reasonable efforts to notify you where practical.

7.3 We use sub-processors to provide the Service, including AI providers, hosting and infrastructure, email delivery, payment processing, and error monitoring. The current list is published at https://assistify.chat/subprocessors. The DPA sets out how we engage and change sub-processors, including notice and your right to object.

8. Fees, billing, and payment

8.1 Billing. Paid Plans are billed in advance, monthly or annually, through our payment processor, Stripe. By subscribing, you authorise recurring charges to your payment method for the applicable fees, taxes, and any overage, until you cancel.

8.2 Usage and overage. Each Plan includes a monthly allowance of Conversations and other limits. On the Pro Plan, Conversations in excess of the included allowance are billed as overage at the per-Conversation rate published for your Plan. The Free Plan does not include overage and is subject to hard limits. Conversations created in the in-product test mode do not count toward your allowance.

8.3 Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes, except for taxes based on our net income. Where we are required to collect taxes, they will be added to your invoice.

8.4 Price changes. We may change our prices. For an existing subscription, a price change takes effect only at the start of your next renewal period, and we will give you reasonable prior notice. You may decline the change by cancelling before it takes effect, in which case your subscription ends at the end of the current paid period. Continuing the subscription after the change takes effect constitutes acceptance of the new prices.

8.5 Non-payment. If a payment fails, we may retry it and may restrict or suspend access to paid features. If payment is not received after a reasonable period, we may downgrade or suspend your account.

8.6 No refunds. Except where required by mandatory law or as expressly provided in sections 4.2 and 17, all fees are non-refundable. Cancelling a subscription stops future renewals but does not entitle you to a refund of fees already paid, including for the remainder of a paid period. Downgrading a Plan does not entitle you to a refund of the difference.

8.7 Trials and free access. We may offer free trials or free access. Trials are provided for evaluation only and may be limited in features or duration. We do not require a payment method to start a trial and do not charge you automatically when it ends. Unless you choose to subscribe to a paid Plan, your account moves to the Free Plan when the trial ends.

9. Intellectual property

9.1 Our rights. We and our licensors retain all right, title, and interest in and to the Service, including the Platform, its source code, the Widget, Aiva, the underlying models, prompts and configuration, the documentation, and all related intellectual property, together with any improvements and feedback-based developments. No rights are granted to you except as expressly set out in these Terms.

9.2 Licence to you. Subject to these Terms and to payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your internal business purposes during your subscription.

9.3 Feedback. If you give us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or obligation to you.

9.4 Trademarks. "Assistify" and "Aiva", together with our logos, are our trademarks. You may not use them except as permitted by your branding entitlement or with our prior written consent.

10. Confidentiality

Each party may receive non-public information of the other that is marked or reasonably understood to be confidential ("Confidential Information"). Each party will use the other's Confidential Information only to perform under these Terms and will protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the receiver, was already lawfully known, is independently developed, or is rightfully obtained from a third party, nor to disclosures required by law (with reasonable prior notice where permitted).

11. Warranties and disclaimers

11.1 We provide the Service with reasonable care and skill. Our obligations in respect of the operation of the Service are obligations to use reasonable efforts, not to guarantee a particular result. We do not warrant that the Service or its AI Features will be uninterrupted, error-free, or free of inaccuracies, that they will meet your specific requirements, or that they will produce any particular result. To the fullest extent permitted by applicable law, and given the business-to-business nature of this agreement, any warranty not expressly given in these Terms is excluded.

11.2 We are not responsible for outcomes that depend on factors outside our control, including the accuracy of your Knowledge Base, the behaviour of third-party services and AI providers, and your configuration of the Service.

12. Limitation of liability

12.1 To the fullest extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, however caused and under any theory of liability, even if advised of the possibility of such damages.

12.2 To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service is limited to the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim. Where you use the Service without charge, our aggregate liability is limited to one hundred euros (EUR 100).

12.3 Without limiting the above, we are not liable for the content or accuracy of AI outputs, for the Merchant Data, for third-party services or integrations, for your failure to provide required notices or obtain required consents (including disclosure of AI use), or for any dispute between you and your End Users.

12.4 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, intentional misconduct, gross negligence, or death or personal injury caused by negligence.

13. Indemnification

13.1 By you. You will defend, indemnify, and hold harmless Assistify and its officers, employees, and sub-processors from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) the Merchant Data and your Knowledge Base content; (b) your use of the Service in breach of these Terms or of applicable law; (c) your failure to provide required notices to, or obtain required consents from, your End Users, including disclosure of AI use and cookie or storage consent; and (d) any dispute between you and your End Users or any other third party.

13.2 By us. We will defend you against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual-property rights, and we will indemnify you for the damages and costs finally awarded against you, or agreed by us in settlement, for such a claim, subject to the limitations in section 12. This does not apply to claims arising from the Merchant Data, content generated by the AI Features, your configuration of the Service, your combination of the Service with products or services not provided by us, or any use of the Service in breach of these Terms.

13.3 The party seeking indemnification must promptly notify the other of the claim, allow that other party to control the defence, and provide reasonable cooperation. Neither party may settle a claim in a way that imposes a non-indemnified obligation or admission on the other without its prior consent.

14. Term, suspension, and termination

14.1 Term. These Terms apply from the moment you first accept them and continue for as long as you have an account or use the Service. Paid subscriptions renew automatically for successive periods (monthly or annually) unless cancelled.

14.2 Cancellation by you. You may cancel your subscription at any time from your dashboard. Cancellation takes effect at the end of the current paid period. Your paid access continues until then, and no refund is due in accordance with section 8.6.

14.3 Suspension. We may suspend or restrict your access, in whole or in part, without liability, where: you fail to pay; you breach these Terms or the Acceptable Use provisions in this agreement; we reasonably believe your use poses a security, legal, or stability risk; or we are required to do so by law. We will use reasonable efforts to give you notice where practical.

14.4 Termination for breach. Either party may terminate these Terms if the other party commits a material breach that is not cured within thirty (30) days of written notice, or immediately where the breach is incapable of being cured. We may terminate or suspend immediately in cases of serious or repeated breach, unlawful use, or non-payment.

14.5 Effect of termination. On termination or expiry, your right to access the Service ends and you must stop using it. You are responsible for exporting your Merchant Data before termination takes effect. After termination, we delete or retain data in accordance with our Privacy Policy and the DPA: visitor conversation data is retained for up to 12 months after a Conversation closes, uploaded files for 90 days, and account data is handled as described in the Privacy Policy. We may delete inactive Free accounts and their data after a reasonable period of inactivity, on prior notice.

14.6 Survival. Provisions that by their nature should survive termination will survive, including those on intellectual property, confidentiality, fees due, disclaimers, limitation of liability, indemnification, and governing law.

15. Acceptable use

15.1 You must use the Service lawfully and in accordance with these Terms. You must not, and must not permit any Authorised User or End User to:

transmit, store, or process content that is illegal, defamatory, obscene, harassing, or that infringes intellectual-property or privacy rights;
use the Service or AI Features to generate or distribute spam, phishing, malware, scams, or automated disinformation;
attempt to bypass, disable, or defeat the safety limitations, content filters, or usage controls of the Service or its AI Features, or attempt to extract the underlying models, prompts, or configuration;
reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
resell, sublicense, or make the Service available to third parties except as expressly permitted, or use it to build a competing product;
access the Service or its APIs in a manner that is abusive, that exceeds documented limits, or that could impair the stability, security, or integrity of our infrastructure or that of other Merchants;
scrape, crawl, or harvest data from the Service other than your own Merchant Data through supported means; or
use the Service for unlawful surveillance or in violation of applicable export-control or sanctions laws.

15.2 You are responsible for ensuring that your installation of the Widget, your domain whitelist, and any identity verification secrets are kept secure and used only for your own properties.

15.3 Any violation of this section may result in immediate suspension or termination of your account without refund, in addition to any other remedy available to us.

16. Data protection and privacy

16.1 Our handling of personal data is governed by the following documents, which are incorporated into these Terms by reference: the Privacy Policy (https://assistify.chat/privacy), the DPA (https://assistify.chat/dpa), the Sub-processor List (https://assistify.chat/subprocessors), the Cookie and Storage Notice (https://assistify.chat/cookies), and the Chat Privacy Notice for visitors (https://assistify.chat/visitor-notice).

16.2 You are responsible for your own compliance obligations as a controller, including providing notices to and, where required, obtaining consent from your End Users, establishing a lawful basis for your processing, and responding to data-subject requests, with our assistance as set out in the DPA.

16.3 If there is any conflict between these Terms and the DPA in relation to the processing of personal data of your End Users, the DPA prevails.

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a revised effective date, and for material changes we will give you reasonable prior notice, for example by email or in the dashboard. Where a change materially and unfavourably affects a paid subscription, it takes effect at the start of your next renewal period, and you may reject it by terminating before it takes effect. If we apply such a change during a paid period, you may terminate the affected subscription and we will refund the portion of any fees you have prepaid for the unused remainder of your then-current period. Your continued use of the Service after a change takes effect constitutes acceptance.

18. General provisions

18.1 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets.

18.2 Entire agreement. These Terms, together with the Plan you select and the documents incorporated by reference, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements and understandings on the subject.

18.3 Severability and waiver. If any provision is held to be invalid or unenforceable, the remaining provisions remain in full force. A failure to enforce a provision is not a waiver of it.

18.4 Force majeure. Neither party is liable for a failure or delay in performance caused by an event of force majeure, meaning an event beyond the party's reasonable control that could not reasonably be foreseen when this agreement was entered into and whose effects could not be avoided or overcome by appropriate measures. Routine failures of suppliers or infrastructure that a party could reasonably anticipate or mitigate do not qualify. Performance is suspended for the duration of the event, and if it continues for more than thirty (30) days either party may terminate the affected subscription.

18.5 Relationship and third parties. The parties are independent contractors. These Terms do not create any partnership, agency, or employment relationship, and confer no rights on any third party.

18.6 Notices. We may give notices through your account, by email to the address associated with your account, or by posting in the dashboard. You may send legal notices to us at [email protected] or to our registered address set out in section 1.

18.7 Language. These Terms are published in English and French. In the event of any discrepancy between the two versions, the English version prevails.

18.8 Governing law and jurisdiction. These Terms are governed by the laws of the Republic of Estonia, without regard to its conflict-of-laws rules. The courts of Tallinn, Estonia have exclusive jurisdiction over any dispute relating to their interpretation, performance, or validity.