Terms of Service

Austur AI is a product of Inseris LLC, a Virginia limited liability company ("Austur," "we," "us," or "our"). We operate austur.ai and provide an AI-powered conversational assistant platform that businesses deploy on their websites (the "Platform"). These Terms of Service ("Terms") govern your access to and use of our website, Platform, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms apply to all users of the Service, including businesses that subscribe to the Platform ("Tenants") and individuals who interact with Austur-powered chat widgets on Tenant websites ("End Users").

1. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement. If you are using the Service on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

Austur provides an AI-powered chat assistant that Tenants embed on their websites to engage with visitors, answer questions, and capture leads. The Service includes:

• An embeddable chat widget with text and voice input that generates AI responses based on each Tenant's knowledge base
• Conversational lead capture and qualification
• Visitor insights and lead notifications delivered to Tenants
• Webhook delivery of lead data to Tenant-configured endpoints
• The austur.ai marketing website and waitlist

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify Tenants of material changes that affect their use of the Platform.

Beta and early access

We may offer early access, beta, or demo versions of the Service. These are provided for evaluation purposes and may be modified or discontinued without notice. Early access features carry no service level commitments, and we may use feedback from early access participants to inform product development. Early access terms will be communicated at the time of invitation and supplement these Terms.

3. Accounts and registration

To access certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately if you become aware of any unauthorized use of your account.

4. Subscriptions and payment

Access to the Platform for Tenants requires a paid subscription. Subscription terms, pricing, and billing cycles will be specified at the time of purchase.

• Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date.
• Fees are non-refundable except where required by applicable law. No refunds or credits will be issued for partial periods of use.
• We reserve the right to change our pricing with at least 30 days' notice. Price changes take effect at the start of your next billing cycle.
• You are responsible for any applicable taxes, duties, or government-imposed fees associated with your subscription.

If payment fails or is overdue for more than 15 days, we may suspend or terminate your access to the Service.

5. AI-generated content

The Service uses large language models to generate responses based on Tenant-provided knowledge bases. You acknowledge and agree that:

• No guarantee of accuracy. AI-generated responses may contain errors, omissions, or inaccuracies. Austur does not warrant that any response generated by the Service is correct, complete, or fit for any particular purpose.
• Not professional advice. AI-generated responses do not constitute legal, medical, financial, or other professional advice. End Users should consult qualified professionals for decisions that require specialized expertise.
• Tenant responsibility. Tenants are responsible for the accuracy and appropriateness of the knowledge base content they provide to train their assistant. Tenants should review AI-generated responses and configure their assistant to suit their use case.
• No training on your data. Under our current provider agreements, AI providers process conversation data to generate responses and do not retain it for their own model training. We do not use Tenant knowledge bases or End User conversations to build general-purpose AI products.

6. Intellectual property

The Service, including its design, software, documentation, and all related intellectual property, is owned by Austur and protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.

You agree not to copy, modify, reverse engineer, decompile, or create derivative works based on any part of the Service, or use any automated means (bots, scrapers, or similar tools) to access or extract data from the Service.

7. Your content and data

Tenant content. Tenants retain ownership of all content they upload to the Service, including knowledge base materials, business information, and configuration settings ("Tenant Content"). By uploading Tenant Content, you grant Austur a limited, non-exclusive license to use, process, and display that content solely to provide and improve the Service for your account.

End User content. End Users retain ownership of the messages they send through the chat widget. By using the widget, End Users grant Austur the right to process their messages to generate responses and provide conversation data to the Tenant whose website they visited.

Data handling. Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

8. Prohibited uses

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Transmit malware, viruses, or other harmful code
• Send spam, unsolicited messages, or fraudulent content
• Impersonate any person or entity, or misrepresent your affiliation
• Attempt to gain unauthorized access to the Service, other accounts, or connected systems
• Circumvent rate limits, security measures, or access controls
• Use the Service to build a competing product or to benchmark against competing products
• Upload content that is defamatory, obscene, or that promotes violence or discrimination
• Collect personal information from End Users beyond what is necessary to provide your services

We reserve the right to investigate and take appropriate action against any violation, including suspending or terminating your account.

9. Tenant obligations

If you use the Service as a Tenant, you accept the following responsibilities:

• End User disclosure. You must maintain a privacy policy on your website that discloses your use of Austur, including the fact that visitor conversations are processed by AI and that conversation data is shared with Austur to provide the Service. We provide a template privacy policy to help with this disclosure.
• Consent. You are responsible for obtaining any consent required by applicable law before deploying the widget on your website, including consent for data collection, AI processing, and voice transcription where applicable.
• Regulatory compliance. You are responsible for ensuring that your use of the Service complies with all laws and regulations applicable to your industry and jurisdiction. This includes data protection laws (such as GDPR and CCPA) as well as industry-specific regulations.
• Knowledge base accuracy. You are responsible for the accuracy, legality, and appropriateness of all content you provide for your knowledge base. You must not include content that infringes third-party rights or violates applicable law.
• Webhook security. If you configure webhook delivery, you are responsible for securing your webhook endpoint and for the handling of lead data once it leaves the Service.

10. Regulated and sensitive data

The Service is not designed to handle data subject to heightened regulatory requirements. You agree not to use the Service to collect, store, or process:

• Protected health information (PHI) under HIPAA
• Payment card data subject to PCI-DSS
• Student education records under FERPA
• Social Security numbers, government-issued identification numbers, or financial account numbers
• Any other data category that requires specific technical safeguards we do not provide

We do not offer Business Associate Agreements, field-level encryption, or compliance certifications for regulated data. If your use case involves regulated data, you must evaluate whether the Service meets your compliance requirements before deploying it.

11. Confidentiality

"Confidential Information" means any non-public information disclosed by one party to the other in connection with the Service, including Tenant knowledge base content, business data, pricing, and platform technical details. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

Each party agrees to protect the other's Confidential Information using at least the same degree of care it uses for its own confidential information, and in no event less than reasonable care. Neither party will disclose the other's Confidential Information except as necessary to provide or use the Service, or as required by law.

12. Third-party services

The Service relies on third-party infrastructure and AI providers to operate. We are not responsible for the availability, performance, or policies of third-party services. Our use of third-party providers is described in our Privacy Policy.

The Service may contain links to third-party websites or resources. We do not endorse and are not responsible for the content or practices of any third-party sites.

13. Disclaimer of warranties

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Austur disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. You use the Service at your own risk.

14. Limitation of liability

To the maximum extent permitted by applicable law, Austur and its officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the Service, regardless of the theory of liability.

Our total aggregate liability for any claims arising under these Terms shall not exceed the total amount you paid to Austur in the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars ($100), whichever is greater.

15. Indemnification

You agree to indemnify, defend, and hold harmless Austur and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Tenant Content you upload or provide to the Service
• Any claim by an End User related to your use of the Platform

16. Termination

You may cancel your subscription at any time by contacting us or through your account settings. Cancellation takes effect at the end of your current billing cycle.

We may suspend or terminate your access to the Service at any time if you breach these Terms, if your payment is overdue, or if we reasonably believe your use poses a risk to the Service, other users, or third parties. We may also terminate the Service entirely with 30 days' notice.

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days after termination to allow for export, after which it may be permanently deleted. Sections that by their nature should survive termination (including Sections 6, 7, 11, 13, 14, 15, 17, and 18) will survive.

17. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles.

Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall take place in Virginia, and the arbitrator's decision shall be final and enforceable in any court of competent jurisdiction. You agree to arbitrate on an individual basis only — class actions, class arbitrations, and representative actions are not permitted.

Exceptions. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.

You agree that any claim or cause of action arising from or related to the Service must be filed within one (1) year after the claim arose, or be permanently barred.

18. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify affected Tenants by email and update the "Last updated" date at the top of this page. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you should stop using the Service.

19. General provisions

• Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Austur regarding the Service and supersede any prior agreements.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect.
• No waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
• No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.
• Force majeure. Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond that party's reasonable control, including natural disasters, acts of government, internet or telecommunications failures, third-party infrastructure outages, or other force majeure events.

20. Contact

Questions about these Terms? Contact us through our website.