Terms of Use

Last updated: July 1, 2024

About Us

We are VanChat, a company that provides an AI shopping assistant designed to integrate with Shopify stores. We offer a platform that automatically learns store information and assists customers with inquiries, product recommendations, and purchase facilitation. Our system is designed to understand buyer intent and personalize interactions without the need for human intervention. The assistant is capable of handling a variety of tasks to streamline the shopping experience.

Acceptance of the Terms of Use

These terms of use constitute an agreement between you and VanChat, hereinafter referred to as "Company," "we," or "us." These terms govern your use of https://vanchat.io ("Website"), encompassing all content, features, and services (collectively, "Services") provided on the site.

Before using the Website, please read these terms carefully. By accessing or using the Website, you agree to comply with and be bound by these terms, as well as supplemental terms and conditions or documents that may be posted on the Services from time to time, which are hereby expressly incorporated herein by reference. If you disagree with any part of these terms or the supplemental terms and conditions, please refrain from using the Website.

This Website is intended for users who are at least 16 years old. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are under 16, you must not access or use the Website.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We may alter or discontinue the Website or its Services at our discretion, without prior notice. We're not liable for any unavailability of the Website for any duration. Occasionally, access to certain sections of the Website may be restricted, either for all users or specific user categories.

You are responsible for both:

  1. Making all arrangements necessary for you to have access to the Website.
  2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or Service it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if you have violated any provision of these Terms of Use.

Artificial Intelligence (AI) Usage and Responsibility Clause

In using our AI-powered services, you acknowledge and agree to the following: Our AI technology operates on complex algorithms and data sets to provide predictive analytics, automated decisions, and personalized experiences. While we strive for accuracy and reliability, we cannot guarantee that AI-generated outcomes will always be error-free or suitable for every purpose. You agree to use our AI services responsibly, adhering to all applicable laws and ethical guidelines, particularly concerning data privacy and intellectual property rights. The user is responsible for considering the context and appropriateness of AI-generated results in decision-making processes. The company is not liable for any direct or indirect consequences arising from the use or interpretation of AI-generated content. We reserve the right to modify or discontinue AI services at our discretion, subject to providing reasonable notice. By using our services, you acknowledge the dynamic nature of AI and its potential implications on service delivery and data usage.

Intellectual Property Rights

The Website and all of its content, including text, software, images, video, and audio, the design, selection, source code and arrangement thereof, as well as names, logos, product and service names, designs, and slogans are trademarks of the Company, are the exclusive property of the Company, its licensors, or other content providers, and are protected under United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

We do not authorize you to alter, reproduce, republish, or license any of our materials absent express written permission. Any rights not expressly granted herein are reserved and retained by us. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@vanchat.io.

If you provide feedback relating to the use, operation, performance, or functionality of our Websites, Products, or Services (“Feedback”), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive right and license to exploit and commercialize such Feedback for any purpose which shall be solely and exclusively owned by us. You are not entitled to any compensation or reimbursement for Feedback unless expressly agreed in writing.

User Contributions and Content Standards

The Website may allow users to create, post, submit, publish, display, or transmit various materials on or through the Website, including but not limited to text, data, code, video, audio, photographs, comments, feedback, personal information, and other materials (collectively, "User Contributions"). Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates, service providers, licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license above. You also confirm that all your User Contributions comply with these Terms of Use. You are responsible for any User Contributions you submit, and you, not the Company, bear full responsibility for the content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable for the content or accuracy of any User Contributions posted by you or other users.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. They must not contain or promote anything illegal, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. User Contributions must not infringe on any rights of any other person, violate any rights of publicity and privacy, or give rise to civil or criminal liability under applicable laws. They should not deceive, cause annoyance, inconvenience, or needless anxiety and must not impersonate or misrepresent any person or entity.

If you believe any User Contributions violate your copyright, please contact: support@vanchat.io for instructions on sending a notice of copyright infringement. We maintain a policy of terminating accounts of repeat infringers.

Prohibited Uses

By accessing and utilizing this Website, you hereby agree to comply with these Terms of Use and ensure that your use of the Website adheres to all applicable local, state, federal, and international laws and regulations, including but not limited to laws governing the export of data and software. The User covenants not to:

  1. Infringe upon any applicable laws, statutes, ordinances, or regulations at local, state, federal, or international levels.
  2. Exploit or attempt to exploit minors by exposing them to inappropriate content or soliciting personally identifiable information.
  3. Transmit, knowingly receive, upload, download, use, or re-use any material that is in violation of the Content Standards as stipulated in these Terms of Use.
  4. Distribute, or procure the distribution of, promotional or advertising material without obtaining the prior written consent from the Company, including but not limited to "junk mail," "chain letters," "spam," or similar solicitations.
  5. Impersonate or attempt to impersonate the Company, its employees, another User, or any other individual or entity by means including but not limited to the use of email addresses or screen names associated with any of the aforementioned parties.
  6. Engage in conduct that, in the Company’s sole discretion, restricts or inhibits the use or enjoyment of the Website for any User, or which may expose the Company or its Users to legal liability.

Furthermore, the User agrees not to:

  1. Utilize the Website in any manner that may disable, overburden, impair, or otherwise interfere with the Website or any third party’s use of the Website, including the ability to engage in real-time activities through the Website.
  2. Employ automated devices, processes, or means, such as robots, spiders, or other such means, for the purpose of accessing, monitoring, or copying any content on the Website.
  3. Use manual processes to monitor or copy material from the Website, or for unauthorized purposes not explicitly granted in these Terms of Use, without the prior written consent from the Company.
  4. Introduce or use any device, software, or routine that interferes with the operational integrity or proper functioning of the Website.
  5. Introduce or disseminate viruses, Trojan horses, worms, logic bombs, or any other malicious or technologically harmful material.
  6. Attempt unauthorized access to, interfere with, damage, or disrupt any part of the Website, the servers on which the Website resides, or any connected databases or servers.
  7. Initiate or participate in a denial-of-service attack or distributed denial-of-service attack against the Website.
  8. Engage in any other activities that are purposed to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  5. Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

External Links

The Website may feature links to external websites and resources, including social media platforms, provided by third parties. These are offered solely for your convenience. Please be aware that we do not exercise any control over the content of these external sites or resources and, consequently, cannot accept any responsibility for them. Any use of these external links may expose you to potential risks, and we shall not be liable for any loss or damage that may result from your engagement with these third-party resources.

Should you choose to access any third-party websites linked from our Website, you do so at your own discretion and are therefore subject to the terms and conditions of those respective websites.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

These Terms of Use and any matters concerning the Website, including any dispute or claim arising from or connected with them (whether contractual or non-contractual), shall be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the County of Seminole County. We reserve the right to initiate proceedings against you for any breach of these Terms of Use in your country of residence or any other relevant jurisdiction. By agreeing to these Terms of Use, you waive any objection to the jurisdiction of these courts and the propriety of such venues, regarding any such proceedings.

Entire Agreement

The Terms of Use and any documentation and policies mentioned in it constitute the sole and entire agreement between you and the VanChat regarding the website, mobile application, and our services. The entire agreement supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our assets.

Comments and Feedbacks

This website is operated by VanChat located at 16192 Coastal Highway, Lewes, County of Sussex, DE 19958.

All other feedback, comments, requests, and other communications relating to the Website should be directed to support@vanchat.io.