Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and IMSupporting LTD ("IMsupporting," "we," "us," or "our") governing your use of our live chat platform and services ("Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use our Services.

2. Description of Services

IMsupporting provides a cloud-based live chat Software-as-a-Service (SaaS) platform that includes:

• Real-time chat widget for customer engagement
• AI-powered chat assistance with RAG (Retrieval-Augmented Generation) technology
• Operator dashboard for managing conversations
• Chat analytics and reporting
• File sharing and attachments
• Multi-language support
• API access and integrations
• Custom AI tools and deep learning features

2.1 Service Modifications

We reserve the right to modify, suspend, enhance, or discontinue any aspect of the Services at any time, with or without notice. We may impose usage limits, restrict access to certain features, or introduce new features at our sole discretion. We shall not be liable for any modifications, suspension, or discontinuation of the Services.

2.2 Beta Features

We may offer beta, pilot, or experimental features ("Beta Features"). These are provided "AS IS" without any warranties or guarantees. Beta Features may be unstable, cause errors, or result in data loss. You acknowledge and accept all risks associated with using Beta Features.

3. Service Level Agreement & Availability

3.1 Uptime Target

We strive to maintain 99.9% uptime for the Services ("Uptime Target"), measured on a monthly basis. However, this is a target only and not a guarantee. The Uptime Target excludes:

• Scheduled maintenance windows (notified in advance where reasonably practicable)
• Emergency maintenance for security or critical issues
• Outages caused by third-party service providers (hosting, CDN, AI services, payment processors)
• Internet service provider or connectivity issues
• Force majeure events, cyber-attacks, or security incidents
• Issues caused by customer's actions, content, or configurations
• Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks

3.2 Service Credits

If we fail to meet the Uptime Target due to outages directly and solely caused by us (not third parties or excluded circumstances), and the outage exceeds one (1) continuous hour, you may be eligible for service credits as follows:

3.3 Service Credit Limitations

Service credits are subject to the following conditions:

• Credits must be claimed in writing within 30 days of the outage
• We must verify the outage was caused solely by us (not third parties)
• Maximum total credits per month shall not exceed 25% of your monthly subscription fee
• Credits are applied to future invoices only and cannot be refunded as cash
• Credits are your sole and exclusive remedy for service availability issues
• No credits for free trial accounts or accounts with outstanding payment

4. User Accounts

4.1 Account Registration

To use our Services, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be at least 18 years of age or have parental consent
• Have legal capacity to enter into binding contracts

4.2 Account Responsibilities

You are fully responsible for:

• All activities that occur under your account, whether authorized or unauthorized
• Maintaining the confidentiality of your login credentials
• Compliance with these Terms by all users under your account
• Promptly updating account information when changes occur
• All actions taken by any person using your account credentials
• Any losses or damages resulting from unauthorized use of your account

4.3 Account Security

While we implement industry-standard security measures including encryption, access controls, regular security audits, vulnerability scans, patching, Cyber Essentials certification, and secure coding practices, you acknowledge that no system is completely secure. You must also take reasonable precautions to protect your account, including using strong passwords, enabling two-factor authentication when available, and never sharing your credentials.

You acknowledge and accept that we cannot guarantee absolute security and shall not be liable for any unauthorized access, use, or disclosure of your account or data, regardless of the cause, including but not limited to cyber-attacks, hacking, security breaches, or system vulnerabilities.

5. Acceptable Use Policy

You agree NOT to use the Services to:

6. Payment & Billing

6.1 Subscription Plans

Our Services are offered through various subscription plans with different features and pricing. Current pricing is available on our pricing page. We reserve the right to modify our plans and pricing structure at any time.

6.2 Payment Terms

• All fees are in GBP unless otherwise stated
• Subscriptions are billed in advance (monthly or annually)
• Payments are processed securely through our third-party payment provider
• You authorize us to charge your payment method automatically for recurring subscriptions
• All fees are non-refundable except as expressly stated herein or required by law
• You are responsible for all applicable taxes, levies, and duties

6.3 Refunds

We offer a 14-day money-back guarantee for new subscriptions only. After 14 days, fees are non-refundable except as required by applicable consumer protection law. Refunds do not apply to services already rendered, data storage, bandwidth used, or any third-party costs incurred.

6.4 Price Changes

We reserve the right to modify our pricing at any time with at least 30 days' notice to active subscribers. Price changes will take effect at the start of your next billing cycle. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

6.5 Late Payment & Suspension

If payment fails or is declined, we will attempt to notify you and re-process payment. Accounts with overdue payments may be suspended or terminated without notice. We reserve the right to charge interest on overdue amounts at the rate of 4% above the Bank of England base rate per annum. Suspended accounts may incur reactivation fees.

6.6 No Refunds for Outages

Other than service credits as specified in Section 3 (SLA), we do not provide refunds, credits, or compensation for service outages, downtime, data loss, or any other service issues, regardless of cause, duration, or impact on your business.

7. Intellectual Property Rights

7.1 Our IP Rights

IMsupporting and all related trademarks, logos, software, technology, algorithms, user interfaces, designs, and content are owned by IMSupporting LTD or our licensors and are protected by UK and international intellectual property laws. You may not copy, modify, distribute, reverse engineer, decompile, or create derivative works without our prior written permission.

7.2 Your Content

You retain ownership of any content you upload or create using our Services ("Your Content"). By using the Services, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and transmit Your Content to provide the Services
• Create anonymized, aggregated analytics (with your identifying information removed)
• Create backups and copies for redundancy and disaster recovery
• Improve our AI models using Your Content (only if you opt-in to this feature)

You are solely responsible for Your Content and warrant that you have all necessary rights, licenses, and permissions to upload and use Your Content through the Services. We shall not be liable for any claims arising from Your Content or your violation of third-party rights.

7.3 AI Training Opt-Out

8. Data & Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your data.

Key privacy commitments:

• UK GDPR and Data Protection Act 2018 compliance
• UK-based data hosting with multi-tenant isolation
• Bank-level encryption (TLS/SSL, AES-256)
• No selling of customer data to third parties
• Respect for your data rights (access, deletion, portability, etc.)

8.1 Data Loss and Backup Disclaimer

8.2 Data Security Disclaimer

While we employ industry-standard security measures including encryption, access controls, vulnerability scanning, security audits, penetration testing, patching, Cyber Essentials certification, and secure coding best practices, we cannot guarantee absolute security of your data.

WE SHALL NOT BE LIABLE FOR ANY SECURITY BREACHES, UNAUTHORIZED ACCESS, DATA BREACHES, HACKING INCIDENTS, OR DISCLOSURE OF YOUR DATA, EVEN IF CAUSED BY OUR NEGLIGENCE OR FAILURE TO IMPLEMENT ADEQUATE SECURITY MEASURES. Your sole remedy for any security incident is termination of your account as provided in Section 14.

9. Warranties & Disclaimers

9.1 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted, timely, secure, or error-free access to the Services. Scheduled maintenance, emergency maintenance, and unforeseen issues may cause temporary disruptions. We reserve the right to suspend or restrict access to the Services at any time for any reason without liability.

9.2 Comprehensive Disclaimer of Warranties

9.3 AI and Automated Features Disclaimer

Our Services include AI-powered features such as chat suggestions, automated responses, and RAG-based knowledge retrieval. YOU ACKNOWLEDGE AND ACCEPT THAT:

• AI-generated content may be inaccurate, incomplete, inappropriate, or harmful
• AI responses are not professional advice (legal, medical, financial, or otherwise)
• You are solely responsible for reviewing and approving all AI-generated content before use
• We do not guarantee the accuracy, reliability, or quality of AI-generated content
• We shall not be liable for any consequences arising from use of AI features

9.4 Third-Party Services Disclaimer

The Services may integrate with or rely upon third-party services, including but not limited to hosting providers, AI services (OpenAI), payment processors, CDNs, and databases. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THIRD-PARTY SERVICES AND SHALL NOT BE LIABLE FOR ANY FAILURES, ERRORS, OUTAGES, DATA LOSS, SECURITY BREACHES, OR OTHER ISSUES CAUSED BY THIRD-PARTY SERVICES.

9.5 No Professional Advice

The Services are not a substitute for professional advice. Information provided through the Services, including AI-generated content, should not be relied upon for legal, medical, financial, or other professional decisions. YOU USE THE SERVICES AND ANY CONTENT AT YOUR OWN RISK AND DISCRETION.

9.6 Consumer Rights Act 2015 Notice (UK)

If you are a consumer in the UK, you have certain legal rights under the Consumer Rights Act 2015 that cannot be excluded. Nothing in these Terms affects those statutory rights. However, to the maximum extent permitted by law, we limit our liability as set forth in Section 10.

10. Limitation of Liability

10.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMSUPPORTING LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "IMsupporting PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, income, anticipated savings, or business opportunities
• Loss of data, files, databases, or information (whether backed up or not)
• Loss of use of the Services or any equipment or software
• Business interruption, downtime, or inability to conduct business
• Loss of customers, contracts, goodwill, or reputation
• Costs of procuring substitute services or products
• Damage to or corruption of data or systems
• Failure to meet deadlines or obligations to third parties
• Legal fees, litigation costs, or regulatory fines
• Loss or damage arising from security breaches, hacking, or cyber-attacks
• Personal injury, emotional distress, or mental anguish
• Any other economic, commercial, or non-economic losses or damages

10.2 Monetary Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF IMSUPPORTING PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF:

• (a) The total amount of fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim; OR
• (b) One hundred pounds sterling (£100.00)

This limitation applies even if the limited remedy fails of its essential purpose.

10.3 Causes of Liability Exclusion

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 APPLY REGARDLESS OF THE CAUSE OF LIABILITY, INCLUDING:

• Our negligence
• Breach of contract, warranty, or statutory duty
• Strict liability or product liability
• Failure to implement adequate security measures
• Security breaches, hacking, cyber-attacks, or unauthorized access
• Data loss, corruption, theft, or disclosure
• System failures, outages, errors, or bugs
• Third-party actions or failures
• Force majeure events or circumstances beyond our control
• Any other theory of liability

THESE LIMITATIONS APPLY EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.

10.4 No Liability for Third-Party Actions

WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS, OR LIABILITIES ARISING FROM:

• Actions, omissions, errors, or failures of third-party service providers (hosting, AI, payment processors, etc.)
• Your use or misuse of the Services or violation of these Terms
• Your Content or the content of your customers or end users
• Unauthorized access to your account by third parties
• Cyber-attacks, DDoS attacks, hacking attempts, or malware
• Actions of other users or malicious actors
• Interruptions in telecommunications or internet connectivity
• Force majeure events as defined in Section 12

10.5 No Liability for AI-Generated Content

WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, OR LIABILITIES ARISING FROM AI-GENERATED CONTENT, INCLUDING INACCURATE, INAPPROPRIATE, OFFENSIVE, DEFAMATORY, OR HARMFUL CONTENT. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND APPROVING ALL AI-GENERATED CONTENT BEFORE USE.

10.6 Director and Officer Liability Protection

NO DIRECTOR, OFFICER, EMPLOYEE, AGENT, SHAREHOLDER, OR REPRESENTATIVE OF IMSUPPORTING LTD SHALL HAVE ANY PERSONAL LIABILITY FOR ANY OBLIGATIONS, LIABILITIES, OR CLAIMS ARISING UNDER THESE TERMS. YOUR SOLE RECOURSE IS AGAINST THE COMPANY AS A LIMITED LIABILITY ENTITY.

10.7 Allocation of Risk

You acknowledge that these limitations of liability are fundamental elements of the agreement between you and us. The Services would not be provided without these limitations. The pricing of the Services reflects this allocation of risk and limitation of liability.

10.8 UK Consumer Rights Exception

If you are a consumer in the UK, nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under UK law

Subject to the above, our liability for breach of statutory warranties under the Consumer Rights Act 2015 is limited to re-supply of the Services or refund of fees paid, at our option.

11. Indemnification

You agree to indemnify, defend, and hold harmless IMsupporting Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your Content, including any claims that Your Content infringes or violates any third-party rights
• Your breach of any representations or warranties made herein
• Unauthorized access to your account or use of your credentials
• Claims by your customers, end users, or third parties arising from your use of the Services
• Your negligent or wrongful conduct
• Any tax liabilities arising from your use of the Services
• Disputes with other users or third parties

This indemnification obligation shall survive termination of these Terms and your use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. Force Majeure and Excusable Events

We shall not be liable or responsible for any failure or delay in performing our obligations under these Terms arising out of or caused by, directly or indirectly, forces beyond our reasonable control ("Force Majeure Events"), including:

• Acts of God, natural disasters, earthquakes, floods, fires, storms, or severe weather
• War, terrorism, riots, civil unrest, or military actions
• Epidemics, pandemics, or public health emergencies
• Strikes, labor disputes, or workforce shortages
• Government actions, orders, regulations, or embargoes
• Power failures, telecommunications failures, or internet outages
• Cyber-attacks, hacking, DDoS attacks, ransomware, or other malicious attacks
• Security breaches or unauthorized access by third parties
• Failures or outages of third-party service providers (hosting, cloud, AI, databases, CDN, etc.)
• Hardware failures, data center outages, or infrastructure failures
• Software bugs, errors, or defects in third-party software or dependencies
• Regulatory changes or legal restrictions
• Any other circumstances beyond our reasonable control

In the event of a Force Majeure Event, our obligations under these Terms shall be suspended for the duration of the event. We shall not be liable for any delays, failures, damages, or losses caused by Force Majeure Events, and no service credits, refunds, or other compensation shall be provided.

If a Force Majeure Event continues for more than thirty (30) days, either party may terminate the affected Services upon written notice without liability, except for payment obligations for services rendered prior to termination.

13. Third-Party Services and Dependencies

13.1 Third-Party Service Providers

Our Services rely on various third-party service providers, including but not limited to:

• Hosting and Infrastructure: Cloud hosting providers, data centers, and CDN services
• AI Services: OpenAI and other AI/ML service providers for chat features
• Databases: Database hosting and management services
• Payment Processing: Third-party payment gateways and processors
• Email Services: AWS SES and other email delivery services
• Analytics: Google Analytics, TikTok Pixel, and other analytics platforms
• Security Services: SSL/TLS certificate providers, DDoS protection, and firewalls

13.2 No Liability for Third-Party Services

WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES REGARDING THE AVAILABILITY, RELIABILITY, PERFORMANCE, SECURITY, OR QUALITY OF THIRD-PARTY SERVICES. WE SHALL NOT BE LIABLE FOR ANY OUTAGES, FAILURES, ERRORS, DATA LOSS, SECURITY BREACHES, OR OTHER ISSUES CAUSED BY THIRD-PARTY SERVICES, REGARDLESS OF WHETHER SUCH ISSUES WERE FORESEEABLE OR WHETHER WE WERE NEGLIGENT IN SELECTING OR MONITORING THIRD-PARTY PROVIDERS.

13.3 Third-Party Outages and Service Credits

As specified in Section 3 (SLA), service credits are NOT provided for outages or issues caused by third-party service providers, including but not limited to hosting providers, AI services, payment processors, databases, or any other third-party dependencies. You acknowledge that our Services depend on third parties and accept the risk of third-party service disruptions.

13.4 Third-Party Terms

Your use of the Services may be subject to additional terms and conditions imposed by third-party service providers. You are responsible for complying with all applicable third-party terms. We are not responsible for enforcing or ensuring your compliance with third-party terms.

13.5 Changes to Third-Party Services

We reserve the right to change, replace, or discontinue any third-party services at any time without notice. Such changes may affect the functionality, features, or performance of the Services. We shall not be liable for any impact on your use of the Services resulting from changes to third-party services.

14. Termination

14.1 Termination by You

You may cancel your subscription at any time through your account dashboard. Cancellation will be effective at the end of your current billing period. No refunds for partial billing periods. You remain responsible for all fees incurred up to the effective termination date.

14.2 Termination by Us

We may suspend or terminate your account immediately, with or without notice, if:

• You breach these Terms or our Acceptable Use Policy
• Your account has been inactive for an extended period
• Payment is overdue for more than 7 days
• You engage in fraudulent, illegal, or harmful activities
• Required by law, court order, or government authority
• To protect our systems, other users, or the integrity of the Services
• To prevent abuse, security threats, or resource misuse
• At our sole discretion for any reason or no reason

We shall not be liable for any damages, losses, or consequences arising from suspension or termination of your account, even if such termination is wrongful or in breach of these Terms.

14.3 Effect of Termination

Upon termination of your account:

• Your access to the Services will immediately cease
• We may delete your account and all associated data within 30 days
• You remain liable for all fees and charges incurred prior to termination
• All provisions of these Terms that by their nature should survive termination shall survive, including Sections 7 (Intellectual Property), 8 (Data & Privacy), 9 (Warranties), 10 (Limitation of Liability), 11 (Indemnification), and 15 (General Provisions)
• No refunds will be provided except as required by law

14.4 Data Export

We will make reasonable efforts to allow you to export your data within 30 days of termination, subject to your account being in good standing and all fees paid. After 30 days, your data will be permanently deleted. We shall not be liable for any failure to provide data export or any data loss following termination.

15. General Provisions

15.1 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

15.2 Dispute Resolution

Before commencing any legal proceedings, the parties agree to attempt to resolve any disputes through good faith negotiations for a period of 30 days. If negotiations fail, disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.

15.3 Waiver of Class Actions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive your right to participate in class action lawsuits or class-wide arbitration.

15.4 Changes to Terms

We may update, modify, or replace these Terms from time to time at our sole discretion. We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending email notification to your registered email address (for material changes)
• Displaying a notice within the Services

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to terminate your account as provided in Section 14.

15.5 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed from these Terms. The remaining provisions will continue in full force and effect.

15.6 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any other policies or agreements referenced herein, constitute the entire agreement between you and IMSupporting LTD regarding the Services and supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral.

15.7 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign or transfer these Terms or delegate our obligations without restriction. Any attempted assignment by you in violation of this provision shall be null and void.

15.8 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

15.9 No Partnership or Agency

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You have no authority to make or accept any offers or representations on our behalf.

15.10 Third-Party Beneficiaries

These Terms are for the benefit of you and IMSupporting LTD only. No third party (including our service providers, contractors, or other users) has any right to enforce any provision of these Terms.

15.11 Interpretation

Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. References to "including" mean "including without limitation." Any ambiguity shall not be construed against the drafter of these Terms.

15.12 Language

These Terms are drafted in English. Any translations are provided for convenience only. In the event of any inconsistency between the English version and a translated version, the English version shall prevail.

15.13 Export Control

You agree to comply with all applicable UK and international export and import laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to UK trade embargoes or sanctions.

15.14 Contact for Legal Notices

All legal notices to IMSupporting LTD must be sent in writing to: support@imsupporting.com

Contact Us

If you have questions about these Terms of Service, please contact us: