Terms of Service

1. Definitions

• Account means your MintBots account.
• Assistant means an AI chat assistant you create with the Service, including its hosted page at a mintbots.co address and its chat widget for other websites.
• Owner means the holder of the Account that creates an Assistant.
• Visitor means anyone who chats with an Assistant.
• Your Content means anything you provide for an Assistant, such as its name, instructions, business details, questions and answers, notes and appearance.
• Conversation means the messages a Visitor sends to an Assistant and the replies the Assistant gives.
• Output means text generated by an AI model for an Assistant.
• Tokens means the units we use to measure AI usage, described in section 5.

2. Who can use MintBots

You must be at least 18 years old and able to form a binding contract to create an Account. You may not use the Service if we have previously suspended or closed your Account for breaking these Terms, or if you are barred from receiving the Service under the laws of the United States or another applicable country, including sanctions laws.

You agree to give accurate information when you sign up and to keep it up to date. You are responsible for keeping your password secure and for everything that happens under your Account. Tell us right away at [email protected] if you think someone has used your Account without permission.

3. Your assistants and your responsibilities

You decide what each of your Assistants is for, what instructions it follows and what information it uses. You are responsible for Your Content, for how your Assistants are used and for making sure your use of the Service complies with the law and these Terms. In particular:

• You must have the rights you need to use Your Content, and Your Content must not infringe anyone else’s rights.
• Do not add personal information about other people to an Assistant unless you are allowed to, and do not add sensitive information such as health information, financial account numbers, passwords or government identification numbers.
• If you link to an Assistant or add it to your website, you are responsible for giving your own visitors any notices the law requires, for example in your own privacy notice, including that they are chatting with an AI assistant provided through MintBots.
• Assistants must not be directed to children under 13, or under the minimum age that applies in a Visitor’s country.
• Assistants provide general information. They must not be presented as a doctor, lawyer, financial adviser or other licensed professional, or as a human.
• Do not use an Assistant to make decisions that have legal or similarly significant effects on people, such as decisions about employment, credit, housing, insurance, education or healthcare, without meaningful human review.

4. Free trial

New Accounts may receive a free trial for the period and number of Tokens shown when you sign up. The trial ends when either the period or the Tokens run out, whichever comes first. When it ends, your Assistants pause until you subscribe; your Assistants and settings are kept. No payment details are needed for the trial.

The trial is limited to one per person or business. We may change or stop offering trials to new Accounts at any time, and we may suspend Accounts created to get more than one trial.

5. Subscriptions, payment and tokens

5.1 Plans and prices

Our plans, prices and Token allowances are shown on our website and in the app. Subscriptions are billed in advance, monthly or yearly, in US dollars. Prices do not include taxes, which you are responsible for paying where they apply.

5.2 Payments

Payments are processed by our billing provider, Chargebee, and the payment processors it works with. By subscribing or buying Tokens, you authorize us and them to charge your payment method for the amounts shown. We do not receive or store your full card number.

5.3 Renewal and cancellation

Your subscription renews automatically at the end of each billing period until you cancel. You can cancel at any time from the billing page in the app. Cancellation takes effect at the end of the current billing period, and your Assistants keep working until then.

5.4 Price changes

We may change our prices. A price change applies to an existing subscription from its next renewal after we have told you about it by email or in the app, at least 30 days in advance. If you do not agree to the new price, you can cancel before it takes effect.

5.5 Tokens

Every reply an Assistant gives uses Tokens: the text the AI model reads, such as the Assistant’s instructions, its knowledge and the Conversation so far, plus the text it writes. Some AI models count Tokens at a higher rate, which the app shows when you choose a model. Your plan includes a monthly Token allowance that resets at the start of each calendar month (UTC); unused included Tokens do not carry over. Trial Tokens can only be used during the trial. Our usage records determine how many Tokens have been used.

We may change Token allowances and the rates at which models use Tokens. A change to your included allowance applies from your next monthly period.

5.6 Extra tokens

Subscribers can buy extra Tokens as a one-time purchase. Extra Tokens are used only after the monthly allowance runs out and do not expire while your Account is open. They have no cash value, cannot be transferred and are lost if your Account is closed.

5.7 When tokens run out

When your Tokens run out, your Assistants pause until your allowance resets or you buy extra Tokens. Visitors see that the Assistant is unavailable; they are not told why.

5.8 Failed payments

If a payment fails, we or our billing provider may try again. If the payment is still not made, we may pause your Assistants or end your subscription.

5.9 Refunds

Fees are non-refundable, except where the law requires a refund, where these Terms say otherwise or where we decide to give one.

6. Acceptable use

You must not use the Service, or let an Assistant be used, to:

• create, request or share sexual or sexually suggestive content of any kind (adult content is not allowed on MintBots), or any content that sexualizes minors, including content generated by AI;
• create or share intimate images of real people without their consent, or deepfakes of real people;
• promote, threaten or incite violence, terrorism or self-harm, or give instructions for making weapons capable of mass harm, explosives or other weapons;
• take part in or help with illegal activity, including fraud, scams, phishing, identity theft, money laundering and the sale of illegal drugs or other illegal goods;
• create or spread malware, or help anyone get unauthorized access to systems, accounts or data;
• harass, bully, threaten or demean people, or promote hatred against people or groups;
• deceive people, including by impersonating a person or organization, writing fake reviews or documents, spreading false information meant to mislead or claiming that an Assistant is a human;
• give medical, legal, financial or other professional advice in place of a qualified professional (Assistants may share general information only);
• make fully automated decisions with significant effects on people without human review;
• collect passwords, payment card numbers, government identification numbers or similarly sensitive information from Visitors;
• send spam or other unsolicited messages;
• get around safety measures, including our platform rules, filters and rate limits and the safeguards of our AI providers;
• infringe the intellectual property, privacy or other rights of others;
• interfere with or disrupt the Service, test its security without our written permission, or access it by automated means other than through features we provide;
• copy, reverse engineer, resell or sublicense the Service without our written permission, or use the Service or its Output to develop competing AI models; or
• break any law, or the policies of our AI providers that apply to your use.

We may add to this list when needed to protect Visitors, the Service or others.

7. Safety and moderation

• Every Assistant follows our platform rules in addition to your instructions. Our rules take priority, and they cannot be turned off.
• When you publish an Assistant, we check its setup automatically. We may refuse to publish it or mark it for review by our team.
• Our AI provider screens messages and replies. When it refuses a message, the Assistant declines it, and we may limit Visitors who repeatedly send refused messages.
• Visitors can report an Assistant, and our team reviews reports.
• We may review Your Content, remove content, refuse to publish an Assistant, and pause or suspend Assistants or Accounts, with or without notice, if we believe they break these Terms, put Visitors, the Service or others at risk, or if the law requires it. We may also pause an Assistant automatically if it receives many refused messages.
• We may report illegal content, including child sexual abuse material, to law enforcement and to organizations such as the National Center for Missing & Exploited Children, and keep related information as the law requires.

These measures help keep the Service safe, but we do not promise to find every problem and are not required to monitor Assistants or Conversations.

8. AI output

Output is generated by AI models that work on probabilities. It can be inaccurate, incomplete, out of date or inappropriate, even when an Assistant is set up carefully. Output is not professional advice. You are responsible for how you set up your Assistants and for checking that they work as you intend. Visitors see a notice that AI can make mistakes and is not professional advice. We do not promise any particular result from the Service.

9. AI models and other providers

We choose the AI models and providers the Service uses and may change them at any time, including by replacing or retiring a model. If a model you chose is no longer available, your Assistants use our default model.

The Service relies on third-party providers, including DigitalOcean for hosting and AI processing, Cloudflare for networking and security, Chargebee for billing and Amazon Web Services for email. Their availability affects ours. Use of AI models is also subject to our AI providers’ terms and acceptable use policies, and you agree to follow them where they apply to your use.

10. Sponsored content and branding

The Service is supported in part by advertising. We may show sponsored content, such as sponsored links or cards, in Conversations, on hosted pages and in chat widgets. Sponsored content will be labeled as sponsored. We decide whether, where and how it appears, and you may not remove, hide or change it. If we offer Owners a share of advertising revenue, that offer will have its own terms.

We may also show a “Made with MintBots” notice on hosted pages and chat widgets, unless your plan lets you remove it.

11. Content and intellectual property

11.1 Your Content

You keep ownership of Your Content. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display Your Content as needed to operate, secure, support and improve the Service, including sending it to our AI providers to generate replies and to check Assistants for safety. This license ends when Your Content is deleted, except for copies kept in backups for a limited time or where the law requires us to keep them.

11.2 Output

As between you and us, and to the extent we have any rights in it, you may use the Output of your Assistants for your own purposes, subject to these Terms and our AI providers’ terms. Output may not be unique, and other people may receive similar Output.

11.3 The Service

The Service, including its software, design and templates and the MintBots name and logo, belongs to us or our licensors. We give you a limited, non-exclusive, non-transferable and revocable right to use the Service under these Terms. We keep all rights not expressly granted.

11.4 Feedback

If you send us ideas or feedback, we may use them without any obligation to you.

12. How we operate the Service

We may access and interact with published Assistants, including with automated tools, to test, monitor, support and improve the Service and to enforce these Terms. We may set reasonable limits on use, such as rate limits, to keep the Service available for everyone.

13. Privacy

Our Privacy Policy explains how we handle personal information. Owners cannot read the Conversations their Assistants have with Visitors; Owners see usage totals only. If you need a data processing agreement for your use of the Service, contact us.

14. Suspension and termination

You can stop using the Service at any time. Deleting your Account in the app’s settings cancels any subscription and deletes your Assistants and your data as described in our Privacy Policy.

We may suspend or close your Account or any Assistant if you break these Terms, if a payment is not made, if your use creates a risk for Visitors, the Service, our providers or others, or if the law requires it. We may also stop offering the Service. If we close your Account or stop offering the Service for a reason other than your breach of these Terms, we will refund any prepaid fees for the unused part of your billing period.

When your Account is closed, your Assistants go offline and your right to use the Service ends. Sections that by their nature should continue, including sections 5.9, 11, 16, 17, 18, 19 and 20, continue to apply.

15. Changes to the Service and these Terms

We may add, change or remove features of the Service. We may also update these Terms. If a change is material, we will tell you by email or in the app at least 30 days before it takes effect, unless the change is needed sooner for legal or security reasons. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, you can close your Account before then.

16. Disclaimers

To the fullest extent the law allows, the Service and all Output are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Service will be uninterrupted, secure or free of errors, or that Output will be accurate or suitable for any purpose.

17. Limitation of liability

To the fullest extent the law allows, neither we nor our suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill or data, arising out of or relating to the Service or these Terms, even if we were told such damages were possible. Our total liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or US$100.

Some places do not allow these limits, so they may not all apply to you.

18. Indemnification

You will defend and indemnify Verticode and its officers, employees and agents against any claims, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising out of or relating to Your Content, your Assistants and how they are used, your breach of these Terms or your violation of any law or the rights of others.

19. Governing law and disputes

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought only in the state or federal courts located in San Diego County, California, and you and we consent to the jurisdiction of those courts.

Before starting a legal claim, you agree to contact us at [email protected] and try to resolve the dispute informally for at least 30 days. Nothing in these Terms limits rights you have under laws that cannot be changed by contract.

20. General

• Entire agreement. These Terms and our Privacy Policy are the whole agreement between you and us about the Service and replace any earlier agreements about it.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets, or to an affiliate.
• No waiver. If we do not enforce a part of these Terms, we do not give up the right to enforce it later.
• Severability. If a court finds part of these Terms unenforceable, the rest stays in effect, and the unenforceable part is enforced as far as the law allows.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of our providers, network failures, natural disasters or acts of government.
• Notices. We may send you notices by email to the address on your Account or in the app. You can send notices to us at [email protected] or at our mailing address below.
• Relationship. These Terms do not create a partnership, joint venture, employment or agency relationship.
• Export and sanctions. You will comply with all export control and sanctions laws that apply to your use of the Service.
• Language. These Terms are written in English. If they are translated, the English version controls.

21. Contact

Verticode Inc.
1286 University Ave #510
San Diego, CA 92103
United States
[email protected]