ilq.ai

Terms of Service

Effective Date: October 10, 2024
Last Updated: October 10, 2024

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of ilq.ai's conversational AI platform and services (collectively, the "Services"), provided by ilq, Inc. ("ilq.ai," "we," "us," or "our").

By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and the organization.

2. Account Terms

2.1 Account Creation

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the security of your account
  • You must be at least 16 years old to use the Services
  • One person or entity may not maintain more than one free account

2.2 Account Responsibilities

  • You are responsible for all activity under your account
  • You must notify us immediately of any unauthorized access
  • You must not share your account credentials
  • You are responsible for ensuring your team members comply with these Terms

2.3 Account Security

  • Use strong, unique passwords
  • Enable multi-factor authentication when available
  • Keep your API keys and credentials secure
  • Never commit credentials to public repositories

3. Acceptable Use Policy

You agree not to misuse the Services. For example, you must not:

Prohibited Activities

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of others
  • Transmit malware, viruses, or harmful code
  • Attempt to gain unauthorized access to systems or networks
  • Reverse engineer, decompile, or disassemble the Services
  • Remove or modify any proprietary notices
  • Use the Services to spam or phish
  • Scrape or harvest user data without permission
  • Impersonate others or misrepresent your affiliation
  • Interfere with or disrupt the Services

Prohibited Content

You may not use the Services to create, store, or transmit:

  • Illegal content or content that promotes illegal activities
  • Content that infringes on intellectual property
  • Hate speech, harassment, or threatening content
  • Sexually explicit or pornographic content
  • Content that violates privacy rights
  • Fraudulent or deceptive content

Rate Limits & Resource Usage

  • You must comply with published rate limits
  • You must not attempt to bypass rate limiting
  • Excessive resource usage may result in throttling or suspension
  • We reserve the right to implement fair use policies

4. Billing & Payment

4.1 Outcome-Based Pricing

ilq.ai uses outcome-based pricing. You are charged based on successful conversation outcomes, not messages or users:

  • $0.00: Browse (read-only conversations)
  • $0.50: Lead (contact information captured)
  • $0.99: Qualified (meeting booked, specific intent shown)
  • $1.99: Sale (transaction completed)

Prices subject to change with 30 days notice.

4.2 Payment Terms

  • All fees are in USD unless otherwise stated
  • Payment is due immediately upon invoice
  • We accept credit cards, ACH (Enterprise), and wire transfer (Enterprise)
  • You authorize us to charge your payment method for all fees
  • Enterprise plans may have custom payment terms

4.3 Refunds & Credits

  • Fees are non-refundable except as required by law
  • You may mark outcomes as invalid (spam, test) for credit
  • Credits for invalid outcomes processed within 30 days
  • We reserve the right to audit outcome validity

4.4 Late Payment & Suspension

  • Late payments may incur interest at 1.5% per month
  • We may suspend Services for non-payment after 15 days
  • You remain liable for all fees during suspension
  • Reactivation may require payment of all outstanding fees

4.5 Taxes

Fees do not include taxes. You are responsible for all applicable taxes (sales, VAT, GST, etc.). If we are required to collect taxes, they will be added to your invoice.

5. Service Level Commitments

5.1 Uptime SLA

We commit to the following uptime levels:

  • Free: Best effort (no SLA)
  • Pro: 99.5% uptime
  • Enterprise: 99.9% uptime

Uptime is calculated monthly. Scheduled maintenance is excluded. Credits for SLA violations provided to Enterprise customers.

5.2 Support Response Times

Free

48 hours
Email only

Pro

24 hours
Email + Chat

Enterprise

4 hours
24/7 Phone + Email + Chat

5.3 Service Availability

We strive to provide continuous service, but we cannot guarantee:

  • Uninterrupted or error-free operation
  • Specific response times or performance
  • Compatibility with all systems or browsers

6. Intellectual Property

6.1 Our Intellectual Property

The Services and their contents (code, design, logos, documentation) are owned by ilq.ai and protected by intellectual property laws.

  • We grant you a limited, non-exclusive license to use the Services
  • You may not copy, modify, or distribute our intellectual property
  • You may not remove or alter any proprietary notices
  • "ilq.ai" and our logos are our trademarks

6.2 Your Intellectual Property

You retain all rights to your content and data:

  • You own all conversation data you create
  • You own your configurations and customizations
  • You grant us a license to process your data to provide Services
  • We will not use your data to train models without permission

6.3 Feedback

If you provide feedback, suggestions, or ideas, we may use them without obligation to you. You grant us all rights to such feedback.

7. Data & Privacy

Our collection and use of personal information is described in our Privacy Policy.

Key points:

  • You own your customer data
  • We act as a data processor on your behalf
  • We comply with GDPR, CCPA, and other privacy laws
  • We never sell your data
  • Data Processing Addendum available for Enterprise

8. Warranties & Disclaimers

8.1 Service Warranties

We warrant that the Services will:

  • Perform substantially as described in our documentation
  • Comply with applicable laws and regulations
  • Be provided with reasonable skill and care

8.2 Disclaimers

Except as expressly stated above, the Services are provided "as is" without warranties of any kind.

We disclaim all warranties, express or implied, including:

  • Merchantability and fitness for a particular purpose
  • Non-infringement
  • Accuracy, reliability, or completeness
  • Uninterrupted or error-free operation
  • Results from use of the Services

8.3 AI Output Disclaimer

AI-generated responses may be inaccurate, incomplete, or inappropriate. You are responsible for reviewing and validating all AI outputs before using them. We are not liable for any harm resulting from AI-generated content.

9. Limitation of Liability

To the maximum extent permitted by law:

9.1 In no event shall ilq.ai be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption.

9.2 Our total liability for all claims related to the Services shall not exceed the greater of (a) $100 or (b) amounts paid by you to ilq.ai in the 12 months preceding the claim.

9.3 These limitations apply regardless of the legal theory (contract, tort, negligence, etc.) and even if we've been advised of the possibility of such damages.

9.4 Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless ilq.ai, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including legal fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Your content or data
  • Your end users' use of widgets you've deployed

11. Term & Termination

11.1 Term

These Terms remain in effect until terminated by either party.

11.2 Termination by You

  • You may terminate at any time by closing your account
  • For paid plans, termination is effective at end of billing period
  • No refunds for partial periods
  • You may export your data before termination

11.3 Termination by Us

We may suspend or terminate your access if:

  • You violate these Terms
  • You fail to pay fees
  • Your use poses security or legal risks
  • Required by law

We will provide notice when practical, except for immediate threats.

11.4 Effect of Termination

  • Your right to use the Services immediately ceases
  • You must pay all outstanding fees
  • We will delete your data after 30 days (unless required by law)
  • Provisions that should survive (liability, indemnification) remain in effect

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, you agree to contact us at hello@ilq.ai to attempt to resolve the dispute informally. We will attempt to resolve within 60 days.

12.2 Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration:

  • Arbitration conducted by American Arbitration Association (AAA)
  • AAA Commercial Arbitration Rules apply
  • One arbitrator selected per AAA rules
  • Arbitration in San Francisco, California
  • Arbitration costs split equally (we pay if you prevail)

12.3 Class Action Waiver

You agree to arbitrate disputes only on an individual basis, not as a class action or representative proceeding.

12.4 Exceptions

Either party may seek injunctive relief in court for intellectual property or confidentiality violations.

13. General Provisions

13.1 Governing Law

These Terms are governed by California law, excluding conflict of laws provisions.

13.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ilq.ai.

13.3 Amendments

We may modify these Terms at any time. Material changes will be notified via email or in-app notice. Continued use after changes constitutes acceptance.

13.4 Severability

If any provision is found unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions remain in effect.

13.5 Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

13.6 Assignment

You may not assign these Terms without our written consent. We may assign to affiliates or in connection with a merger or sale.

13.7 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, war, strikes, internet outages, etc.).

13.8 Export Controls

You must comply with all export laws. You may not use the Services in embargoed countries or if you are a restricted party.

13.9 Government Use

The Services are "commercial computer software" subject to FAR 12.212 and DFARS 227.7202-3. Government users have only those rights specified in these Terms.

Contact Us About These Terms

Legal Questions

hello@ilq.ai

Mailing Address

ilq, Inc.
Attn: Legal Department
123 Market Street, Suite 456
San Francisco, CA 94103
United States

Last Updated: October 10, 2024

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