Bytechat Terms and Conditions

Last updated: October 24, 2025

Article 1. Definitions

1. Bytechat: The company Bytechat, established in the Netherlands, the provider of the Service.
2. Customer: The natural or legal person who enters into an Agreement with Bytechat for the use of the Service.
3. Service: The AI chatbot solution named Bytechat offered by Bytechat via the internet as Software-as-a-Service (SaaS), including all accompanying software, functionalities, dashboard and documentation.
4. Agreement: The agreement between Bytechat and Customer on the basis of which Customer makes use of the Service, and of which these General Terms and Conditions form an integral part.
5. User: The end user (visitor) of the Customer's Website who interacts with the Bytechat chatbot.
6. Training Data: All information provided, entered or made accessible via the Customer's Website by the Customer, such as website content, FAQs, product information and documents, which is used to train and configure the AI chatbot.
7. Dashboard: The online environment that Bytechat makes available to the Customer for configuring, managing and monitoring the Service.
8. Parties: Bytechat and the Customer jointly.
9. Website: The website(s) of the Customer on which the Service is implemented.

Article 2. Applicability and Formation

1. These General Terms and Conditions apply to all offers, quotations and Agreements regarding the Service.
2. The Agreement is formed at the moment the Customer takes out a subscription via the Bytechat website and agrees to these General Terms and Conditions.
3. The applicability of any purchasing or other conditions of the Customer is hereby expressly rejected.
4. If any provision of these conditions is void or annulled, the other provisions will remain in full force. In that case, Parties will consult to agree on a new provision that approaches the purport of the original provision as much as possible.

Article 3. The Service and Right of Use

1. Bytechat grants the Customer a non-exclusive, non-transferable and non-sublicensable right to use the Service in accordance with the Agreement and the specifications of the chosen subscription for the duration of the Agreement.
2. The Service is provided on an "as is" basis. Bytechat endeavors to keep the Service continuously available, but does not guarantee uninterrupted or error-free operation.
3. Bytechat is entitled to temporarily take the Service out of use for preventive, corrective or adaptive maintenance. Bytechat will plan this maintenance outside office hours as much as possible and inform the Customer in good time.
4. Bytechat reserves the right to change, improve or remove the functionalities of the Service. In the event of substantial changes that negatively affect the core functionality for the Customer, Bytechat will inform the Customer thereof.

Article 4. Obligations of the Customer

1. The Customer is fully responsible for the correctness, completeness and lawfulness of the Training Data provided. The Customer guarantees that the Training Data does not infringe on rights of third parties, including intellectual property rights and privacy rights.
2. The Customer is responsible for the correct implementation of the script provided by Bytechat on their Website and for the configuration of the Service via the Dashboard.
3. The Customer shall not use the Service for unlawful acts, distributing illegal or harmful content, or in a manner that may cause nuisance or damage to Bytechat, its network, or third parties.
4. The Customer is responsible for adequately informing Users about the use of the AI chatbot and the processing of their data, in accordance with applicable privacy legislation (GDPR).
5. The Customer fully indemnifies Bytechat against all claims from third parties (including Users and regulators) arising from the use of the Service by the Customer or the content of the Training Data.

Article 5. Prices, Payment and Subscription

1. For the use of the Service, the Customer owes a fee based on the chosen subscription plan, as stated on the Bytechat pricing page. All prices are in euros and exclusive of VAT.
2. Subscriptions are billed monthly or annually in advance. Payment is made via the offered payment methods.
3. A subscription is automatically renewed for the same period (month or year), unless the Customer cancels the subscription via the Dashboard before the end of the current period.
4. If the limits of the chosen subscription are exceeded (e.g. number of messages or size of training data), Bytechat is entitled to charge extra costs in accordance with the applicable rates or to limit the service.
5. If payment is not made on time, the Customer is in default by operation of law. In that case, Bytechat is entitled to suspend access to the Service until full payment has been received.

Article 6. Intellectual Property

1. All intellectual property rights regarding the Service (including the software, the Dashboard and the name Bytechat) rest exclusively with Bytechat or its licensors.
2. The Customer retains all property rights to the Training Data provided by them and the data generated from the interactions between Users and the chatbot.
3. The Customer grants Bytechat a worldwide, royalty-free license to use, process and analyze the Training Data and conversation data for the purpose of delivering and improving the Service. Bytechat may use this data in aggregated and anonymized form for statistical analyses and the development of its AI models.

Article 7. Data Processing and Privacy (GDPR)

1. When processing personal data of Users, the Customer acts as the data controller and Bytechat as the data processor within the meaning of the General Data Protection Regulation (GDPR).
2. The conditions for this processing are set out in a separate Data Processing Agreement, which forms an integral part of the Agreement.
3. Bytechat will take appropriate technical and organizational measures to ensure the security of personal data.

Article 8. Liability and Indemnification

1. The operation of Bytechat is inherently dependent on the quality and nature of the Training Data provided by the Customer. Bytechat is expressly not liable for the correctness, completeness or suitability of the answers and information generated by the AI chatbot. The Customer bears the full risk for the output of the chatbot.
2. The total liability of Bytechat due to an attributable failure in the performance of the Agreement, or on any legal ground whatsoever, is limited to compensation for direct damage.
3. The amount of the direct damage to be compensated is limited to a maximum of the amount of the fees paid by the Customer over the six (6) months prior to the event causing the damage.
4. Liability for indirect damage, such as lost profit, lost savings, reduced goodwill, damage due to business interruption, and damage as a result of claims from Users, is completely excluded.
5. The limitations of liability mentioned in this article shall lapse if the damage is the result of intent or deliberate recklessness on the part of Bytechat's management.

Article 9. Duration and Termination

1. The Agreement enters into force on the start date of the subscription and has the duration as agreed (month or year), subject to interim cancellation in accordance with these conditions.
2. Both Parties may dissolve the Agreement in writing if the other Party, after a proper written notice of default, attributably fails to comply with essential obligations under the Agreement.
3. Bytechat is entitled to terminate the Agreement with immediate effect or to suspend access to the Service if the Customer acts in violation of Article 4.3 or is declared bankrupt.
4. Upon termination of the Agreement, the Customer's access to the Service will be blocked. Bytechat will retain the Customer's data for 30 days, after which it may be permanently deleted.

Article 10. Applicable Law and Disputes

1. Dutch law applies exclusively to the Agreement and these General Terms and Conditions.
2. All disputes that may arise in connection with the Agreement will be submitted to the competent court in the district where Bytechat is registered.