ChatBy.Link Terms of Service
DIGIORUM INC. operates ChatBy.Link ("ChatBy.Link", "we", "us", or "our").
These Terms of Service ("Terms") govern access to and use of ChatBy.Link, including the authenticated Portal, public chat links, AI-assisted chat experiences, billing, usage limits, exports, notifications, webhooks, attachments, support features, and related services (the "Service").
These Terms are intended for the United States market.
1. Acceptance of These Terms
By creating an account, using Portal, configuring a chat template, sending a chat link, opening a public chat link, or otherwise using the Service, you agree to these Terms.
If you use the Service on behalf of a business or organization, you represent that you have authority to bind that business or organization. In that case, "you" means both you and that business or organization.
If you do not agree to these Terms, do not use the Service.
2. Who Uses the Service
The Service involves several roles:
- "Platform User" means a registered user who signs in to Portal, creates chat templates, manages chat links, reviews sessions, configures notifications, manages billing, and uses account features.
- "End Customer" means a person who receives or opens a public chat link and completes a chat without creating a Portal account.
- "Operator" means a Platform User who manually participates in a chat session after pausing the bot or otherwise sending direct messages.
Portal accounts are intended for adults and businesses operating in the United States. The Service is not intended for children under 13.
3. What the Service Does
ChatBy.Link is an AI-assisted platform for collecting structured information through public chat links. A Platform User can create a chat template, configure prompt instructions and extraction rules, generate or customize chat links, send links by email or SMS where available, monitor sessions, view transcripts, review collected business data, export eligible data, receive event notifications, configure webhook endpoints, allow attachments where available, and use calendar or appointment features where enabled.
End Customers can open a public chat link in a browser, pass a password gate if configured, send chat messages, upload attachments where available, and interact with an AI-assisted chat experience.
The Service is not a system of record for regulated decisions, not a consumer reporting agency, not a medical records system unless a separate HIPAA Business Associate Agreement expressly applies, not a legal advice provider, and not a substitute for professional review.
4. Account Registration and Security
Platform Users may register using email and password or supported OAuth sign-in. Email confirmation may be required. You are responsible for maintaining the confidentiality of your account credentials, link passwords, API or webhook secrets, and any devices or browsers used to access Portal.
You must notify us promptly if you believe your account, chat links, passwords, webhook secrets, or other credentials have been compromised.
You may not share passwords, one-time codes, secret keys, webhook secrets, session tokens, authentication cookies, card numbers, or CVC values with us through support chat or any public channel.
5. User Configuration and Legal Responsibility
Platform Users control many parts of the Service, including prompts, extraction rules, completion messages, chat link settings, password protection, recipients, email/SMS templates, webhooks, and the business purposes for collecting information from End Customers.
You are responsible for:
- choosing lawful and appropriate prompts, questions, templates, recipients, and webhook destinations;
- giving End Customers any notices and obtaining any consents required for your use case;
- limiting data collection to information you have a lawful business reason to collect;
- reviewing AI-generated messages, transcripts, extracted data, exports, and webhook payloads before relying on them;
- complying with laws that apply to your industry, customers, communications, hiring, housing, finance, health, legal, or other regulated use cases.
We may provide product notices and default language, but those materials do not replace your own legal obligations.
6. AI-Assisted Features
The Service uses AI-assisted systems to conduct chats, generate responses, extract structured data, summarize sessions, support troubleshooting, and perform related functions.
AI output can be inaccurate, incomplete, delayed, biased, or unsuitable for a particular use. You must not rely on AI output as the sole basis for decisions that have legal, financial, employment, housing, medical, insurance, credit, educational, immigration, or similarly significant effects on a person.
The AI chat follows the Platform User's configured prompt and extraction rules, but the Service does not guarantee that all requested information will be collected, that all extracted data will be correct, or that a chat will complete successfully.
7. Prohibited Uses
You may not use the Service to:
- violate any law or third-party right;
- mislead End Customers about who is collecting their information or how it will be used;
- collect passwords, one-time codes, API keys, session cookies, card numbers, CVC values, Social Security numbers, government identifiers, or other secrets unless a separate signed agreement expressly permits that data category;
- collect information from children under 13;
- collect biometric, genetic, precise geolocation, medical, health, sexual, protected-class, or other sensitive information unless you have confirmed that your use case is lawful and covered by an appropriate written agreement with us;
- use chat transcripts or extracted data as a tenant screening report, employment screening report, credit report, background check, or other consumer report;
- make automated or AI-only decisions about housing, employment, credit, insurance, health care, legal rights, or other significant matters;
- send spam, unlawful marketing, unwanted SMS messages, or messages without required consent;
- upload malware, harmful files, illegal content, infringing content, or content you do not have the right to process;
- attempt to bypass plan limits, authentication, owner-scoped access controls, rate limits, or security controls;
- probe, scan, attack, reverse engineer, scrape, overload, or interfere with the Service;
- use webhooks to target private, internal, reserved, or unsafe network destinations;
- resell, sublicense, or provide the Service as a competing product without our written permission.
8. Industry-Specific and Regulated Uses
The Service may be useful for intake workflows in rental screening, hiring, vehicle sales, appointment scheduling, real estate, maintenance, consulting, and similar workflows. These workflows can trigger separate legal obligations.
You must not describe or use the Service as a consumer reporting agency, tenant screening company, background check provider, credit scoring tool, medical records service, HIPAA-compliant service, legal advice provider, or professional decision engine unless we have entered into a separate written agreement expressly covering that use.
HIPAA-covered workflows are not available under these standard Terms alone. You may not submit protected health information ("PHI") to the Service unless we have signed a separate HIPAA Business Associate Agreement ("BAA") with the covered entity or business associate responsible for the PHI and we have enabled the applicable HIPAA-covered workflow in writing. Future health intake features require separate product, security, privacy, provider, retention, and legal review before launch.
9. End Customer Notices and Consent
You are responsible for telling End Customers why they received a chat link, what information is being requested, who will receive it, and how it may be used.
End Customers are not required to create a Portal account. A public chat link may still collect personal information, chat transcripts, attachments, device and usage information, and any information the End Customer chooses to provide in the chat.
If you configure password protection, you are responsible for sharing the password only with intended recipients.
10. Customer Content and End Customer Data
"Customer Content" means prompts, templates, instructions, chat messages, transcripts, attachments, collected data, exports, webhook payloads, calendar or appointment information, and other content or data submitted, configured, uploaded, transmitted, or generated through your use of the Service.
"End Customer Data" means personal information, chat messages, transcripts, attachments, attachment metadata, structured extracted data, summaries, appointment details, and related session information submitted by or about an End Customer through a chat link.
End Customer Data is Customer Content. We do not claim ownership of End Customer Data. The Platform User controls the purpose for collecting and using End Customer Data. ChatBy.Link processes End Customer Data to provide the Service, including AI-assisted chat, storage, Portal review, exports, notifications, webhooks, attachments, calendar features, support, security, and troubleshooting.
After export, download, webhook delivery, email delivery, SMS delivery, or other transfer configured by you, you are responsible for the security, retention, use, deletion, and disclosure of that data outside the Service.
11. Data Processing and Service Provider Terms
For End Customer Data and other Customer Content that we process on your behalf, we will process the data only to provide, secure, maintain, support, troubleshoot, analyze, and improve the Service, and as otherwise permitted by these Terms and the Privacy Policy.
For purposes of U.S. state privacy laws where those concepts apply, the parties intend ChatBy.Link to act as a service provider or processor for End Customer Data processed on behalf of a Platform User, and not to sell or share End Customer Data for cross-context behavioral advertising.
We will not retain, use, or disclose End Customer Data outside the direct business relationship with you except to provide the Service, use approved service providers, comply with law, protect rights and security, prevent fraud or abuse, or as otherwise permitted by applicable privacy laws.
We may use aggregated or de-identified data for analytics, security, product improvement, and business purposes, provided we do not use it to identify you, an End Customer, or any individual.
If we determine that we can no longer meet an obligation under these Terms or applicable privacy law, we will notify you as required by law. You may contact us at info@digiorum.com for privacy or data-processing questions.
These standard Terms are not a HIPAA Business Associate Agreement and do not authorize PHI processing.
12. Email and SMS Communications
Where available, the Service can send chat links, confirmations, notifications, or other messages by email or SMS.
You represent that you have all permissions, consents, and authority required to contact each recipient through the selected channel. You are responsible for the content of your templates, recipient lists, and communications.
For marketing or promotional messages, you must comply with all applicable consent, identification, unsubscribe, "STOP", opt-out, recordkeeping, and sender requirements. We may suspend messaging features if we believe they are being used unlawfully, abusively, or in a way that harms deliverability.
13. Plans, Quotas, and Feature Availability
The Service may offer Free, Pro, Business, or other plans. Plans may include limits or capabilities such as monthly messages, active chat templates, chat-link sends, SMS sends, attachments, exports, event email notifications, webhooks, custom links, branding, campaigns, and calendar features.
Usage limits and capabilities are backed by the Service configuration and may change over time. Monthly usage periods are measured by UTC calendar month unless a different period is stated in the applicable plan terms.
If a limit is reached, the Service may reject new actions, block new sessions, block attachments, prevent additional messages, disable exports, disable sends, or show a usage-limit message.
14. Billing, Stripe Checkout, Renewals, and Cancellation
Paid subscriptions are processed through Stripe-hosted checkout or related Stripe-hosted billing flows. The Service does not collect or display full card numbers, CVC values, or raw payment method details.
Paid access is granted only after trusted provider confirmation is processed by the Service. Returning from a Stripe checkout page does not by itself guarantee that a plan change has taken effect.
Paid plans are monthly subscriptions unless a checkout page or separate written agreement states otherwise. Displayed subscription prices are intended to be tax-inclusive unless the checkout flow clearly states otherwise.
Paid subscriptions renew automatically each month until canceled. By starting a paid subscription, you authorize recurring monthly charges through Stripe or another supported payment processor until cancellation.
Portal provides an online cancellation flow. Stripe Customer Portal is not currently available. You may also contact info@digiorum.com for billing support.
Paid-to-Free cancellation takes effect at the end of the current paid period. Paid upgrades take effect after trusted provider confirmation. Paid downgrades take effect at the end of the current paid period unless the Service states otherwise at the time of downgrade.
Except where required by law, subscription fees are non-refundable. Trials, coupons, promotional pricing, or discounts may be offered from time to time. Trial or promotional terms must be accepted as shown in the applicable checkout or offer flow.
If payment fails, a chargeback occurs, or payment confirmation is not received, we may immediately downgrade, suspend, or restrict paid features, subject to applicable law. We may offer additional quota purchases, credits, or usage-based charges in the future, but those charges apply only if presented and accepted through the Service or a separate written agreement.
15. Attachments
Where available under the current plan and configuration, End Customers may upload attachments during a chat session.
The current supported attachment extensions are:
.pdf.jpg.jpeg.png.doc.docx.heic
The current supported content types include PDF, JPEG, PNG, Microsoft Word DOC, Microsoft Word DOCX, HEIC, and HEIF for HEIC files.
The current baseline maximum attachment size is 10 MB, but the active limit is controlled by Service configuration and may vary by environment, plan, or future product change.
Attachments must not contain malware, unlawful content, infringing content, secrets, payment card data, or sensitive information that you are not authorized to collect or process. We may reject, quarantine, remove, disable, or restrict access to attachments where required for security, legal, abuse-prevention, or operational reasons.
16. Exports
Eligible plans may export session data in supported formats. Exports may include session metadata, collected business data, transcripts, summaries, and attachment metadata. Raw attachment file content is not included in dialog export.
You are responsible for securing exported files after download and for any further use, transfer, retention, deletion, or disclosure of exported data.
17. Webhooks and Integrations
Eligible plans may configure webhook endpoints and event delivery settings. Webhook payloads may include personal information, transcripts, collected data, session metadata, or other configured fields.
You are responsible for the endpoint, payload template, headers, recipient systems, access controls, logging, retention, and downstream processing of webhook data. You must not configure endpoints that target internal, private, reserved, unsafe, or unauthorized systems.
Webhook secrets, HMAC secrets, custom header values, and provider credentials must be kept confidential.
18. Calendar and Appointment Features
Where enabled, the Service may help collect appointment details, validate availability, request confirmation, and create or display calendar events. Calendar and appointment features are provided for scheduling support only and do not guarantee availability, attendance, service eligibility, professional services, or business outcomes.
You are responsible for configuring services, availability, booking rules, time zones, cancellation handling, and any required notices to End Customers.
19. Support Chat
Portal may include a support chat for Platform Users. The support chat is not intended for End Customers.
Support chat history is not provided as persistent account history. It may be scoped to the current page session and may disappear after reload, navigation, device change, or session end.
Do not send passwords, one-time codes, API keys, secret keys, card numbers, CVC values, cookies, session tokens, full customer transcripts, raw collected data, or attachment contents through support chat.
20. Ownership and License
ChatBy.Link owns the Service, including its software, workflows, design, documentation, templates supplied by the platform, system configuration, analytics methods, interfaces, and all related intellectual property.
You retain any rights you have in Customer Content. You are responsible for Customer Content you submit, configure, upload, transmit, or generate through the Service.
You grant ChatBy.Link a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, reproduce, modify for formatting or technical operation, create service outputs from, secure, support, maintain, troubleshoot, analyze, and otherwise use Customer Content as necessary to provide, secure, support, maintain, and improve the Service.
We will not publish, sell, or reuse your custom prompts, templates, transcripts, attachments, or collected data as public examples or shared templates without your permission, except for aggregated or de-identified data.
You must have the rights and permissions needed to submit, process, and transfer all Customer Content and personal information you use with the Service.
Feedback you provide may be used without restriction or compensation.
21. Data Retention and Account Inactivity
The Service may store chat transcripts, collected data, attachments, session metadata, usage records, billing records, logs, configuration, and account information while your account is active or as needed to provide the Service.
Data associated with an inactive account may be deleted at our discretion after 6 months of account inactivity. Inactivity means no Portal logins and no active chats or meaningful chat activity during that period. Paid accounts are excluded from inactivity deletion while payment is current.
We will attempt to provide advance notice by email before inactivity deletion. You are responsible for keeping your account email current.
Backups may be retained for up to 1 year. Logs may be retained for up to 2 years. Billing, tax, fraud, chargeback, and dispute records may be retained for up to 7 years or longer if required by law.
22. Suspension and Termination
We may suspend or terminate access to the Service, disable chat links, block sends, disable webhooks, remove content, or restrict features if we believe you have violated these Terms, created security or legal risk, failed to pay amounts due, abused the Service, exceeded limits, or used the Service in a way that could harm us, other users, End Customers, providers, or the public.
You may stop using the Service at any time. Cancellation of a paid plan is governed by the billing terms and provider confirmation.
23. Third-Party Services
The Service may depend on third-party services such as payment processors, AI providers, OAuth providers, SMS providers, email providers, hosting, storage, monitoring, analytics, and other infrastructure or integration providers.
We are not responsible for third-party services outside our control. Their availability, terms, privacy practices, security practices, and data handling may apply to your use of the Service.
24. Changes to the Service or Terms
We may modify the Service, plans, features, limits, providers, or these Terms from time to time. If changes are material, we will provide notice as required by law or as reasonably appropriate for the change.
Continued use of the Service after an updated version of these Terms becomes effective means you accept the updated Terms.
25. Disclaimers
The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and uninterrupted operation.
We do not guarantee that:
- the Service will be error-free, uninterrupted, secure, or available at all times;
- AI output will be accurate, complete, lawful, unbiased, or suitable for your purpose;
- extracted data will match an End Customer's intent or all information in a transcript;
- messages, SMS, email, webhooks, or provider integrations will always be delivered;
- attachments will always upload, render, scan, store, or download successfully;
- calendar or appointment features will prevent all conflicts, no-shows, or booking errors.
26. Limitation of Liability
To the maximum extent permitted by law, ChatBy.Link will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, lost data, business interruption, reputational harm, or procurement of substitute services.
To the maximum extent permitted by law, ChatBy.Link's total liability for all claims relating to the Service will not exceed the greater of (a) the amounts paid by you to ChatBy.Link for the Service during the 3 months before the event giving rise to the claim or (b) USD 100.
Some jurisdictions do not allow certain limitations, so some limitations may not apply.
27. Indemnification
You will defend, indemnify, and hold harmless ChatBy.Link and its affiliates, officers, directors, employees, contractors, service providers, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- your Customer Content, prompts, templates, instructions, recipients, communications, webhook configurations, exports, attachments, or downstream use of Service data;
- unlawful, misleading, discriminatory, or harmful prompts;
- collection of prohibited or sensitive data;
- failure to provide End Customer notices or obtain required consents;
- email or SMS recipients, templates, consent, unsubscribe, or "STOP" failures;
- webhook endpoints, payloads, headers, downstream systems, or delivery configurations;
- exports or downloads after you receive them;
- attachments uploaded or requested through your workflows;
- regulated use cases, including housing, employment, credit, insurance, health, legal, financial, or children's data workflows;
- use of AI output, transcripts, or collected data to make decisions about individuals;
- your violation of these Terms, applicable law, privacy rights, intellectual property rights, or third-party rights.
This indemnity does not apply to the extent a claim arises from ChatBy.Link's own gross negligence, willful misconduct, or violation of law.
28. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.
Except where applicable law requires otherwise, the parties agree to the exclusive jurisdiction and venue of the state courts located in Santa Clara County, California, and the federal courts of the Northern District of California, San Jose Division.
These Terms do not require arbitration. These Terms do not include a class-action waiver.
Before filing a legal claim, you agree to contact us at info@digiorum.com and give us a reasonable opportunity to resolve the dispute informally, unless emergency relief is needed or applicable law does not allow this requirement.
29. Contact
Questions about these Terms:
- Email: info@digiorum.com
- Postal address: 5716 Corsa Ave, Suite 110, Westlake Village, CA 91362