Terms and Conditions

Last updated: June 9, 2026

These Terms and Conditions (the "Terms") govern your access to and use of ElimChat, an embeddable AI chatbot platform (Software-as-a-Service) built on Retrieval-Augmented Generation (RAG) for small and medium-sized businesses in Latin America. ElimChat is a brand operated by DakyLabs ("ElimChat", "we", "us" or "our").

By creating an account, embedding our widget on your website, accessing the elimchat.com website or otherwise using the Service, you (the "Client", "you" or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity. If you do not agree with these Terms, do not use the Service.

These Terms incorporate by reference our Privacy Policy, which explains how we process personal data.

1. Definitions and scope of service

For the purposes of these Terms, the following definitions apply:

• Service: the ElimChat platform, including the web dashboard, the embeddable chatbot widget, the ingestion and RAG pipeline, related APIs and the elimchat.com website.
• Client / you: the business or individual that registers an account and uses the Service.
• End Visitor: any person who interacts with a chatbot widget embedded on the Client's website.
• Client Content: the documents, FAQs, web pages, catalogs and other materials you upload to train your chatbot, as well as the configuration you provide.
• Account Data: the email, credentials, billing and usage information associated with your account.
• DakyLabs: the entity that operates the ElimChat brand and provides the Service.

The Service allows you to ingest your own content, generate vector embeddings, and deploy an AI chatbot that answers End Visitor questions based on that content. The exact features available to you depend on the subscription plan you select. We may add, modify or remove features over time, provided that we do not materially degrade the core functionality of a paid plan during a billing period.

2. Account registration and eligibility

To use the Service you must create an account by providing a valid email address and a password. You agree to:

• provide accurate, current and complete information during registration;
• keep your credentials confidential and not share them with unauthorized parties;
• be responsible for all activity that occurs under your account;
• notify us promptly at [email protected] of any unauthorized use of your account.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, and have the legal capacity to enter into a binding agreement. The Service is intended for business use and is not directed to children. We store passwords only as salted cryptographic hashes and never have access to your plaintext password.

3. Client obligations and acceptable use

You are solely responsible for the Client Content you upload and for the way you deploy and operate your chatbot. You agree that you will not use the Service to:

• upload, store or process content for which you do not hold the necessary rights or a valid legal basis, including personal data of third parties;
• infringe intellectual property, privacy, publicity or other rights of any third party;
• publish, generate or distribute unlawful, defamatory, harassing, hateful, fraudulent or otherwise objectionable content;
• upload malware, attempt to gain unauthorized access to the Service, circumvent tenant isolation, or probe, scan or test the vulnerability of our systems without authorization;
• reverse engineer, decompile or attempt to extract the source code of the Service, except to the extent expressly permitted by applicable law;
• resell, sublicense or provide the Service to third parties as your own without a written reseller agreement;
• exceed, abuse or attempt to circumvent the usage quotas, rate limits or token allowances of your plan;
• use the Service to develop a competing product or to train a competing AI model.

You are responsible for informing your End Visitors, where required by applicable law, that they are interacting with an AI chatbot and for providing them with any notices or obtaining any consents required for the processing of their data. As between you and us, you act as the data controller of End Visitor conversations and of any personal data contained in your Client Content; we act as your data processor for that data, as described in our Privacy Policy.

4. AI-generated content and accuracy disclaimer

The Service uses large language models (such as DeepSeek) combined with retrieval over your Client Content to generate responses. You understand and accept that:

• AI-generated responses may be inaccurate, incomplete, outdated or otherwise unsuitable, and may occasionally produce content that is not grounded in your Client Content ("hallucinations");
• the quality and relevance of responses depend heavily on the quality, completeness and accuracy of the Client Content you provide;
• responses do not constitute professional, legal, medical, financial or other regulated advice, and must not be relied upon as such;
• you are responsible for reviewing your chatbot's behavior and for configuring it appropriately for your audience and use case.

You are responsible for the outputs your chatbot produces to End Visitors. We do not use your Client Content or End Visitor conversations to train public or third-party AI models, and your data remains isolated to your tenant.

5. Intellectual property and licenses

Our intellectual property. The Service, including its software, source code, design, the ElimChat name and logo, and all related intellectual property, is and remains the exclusive property of DakyLabs and its licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription, and to embed the chatbot widget on websites you own or control.

Your content. You retain all ownership rights in your Client Content. By uploading Client Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, index, generate embeddings from and transmit that content solely to the extent necessary to operate and provide the Service to you, and to comply with the law. This license ends when the content is deleted from our systems, as described in section 7 and in our Privacy Policy.

Feedback. If you send us suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback to improve the Service, without any obligation to you.

6. Plans, fees, billing and taxes

The Service is offered under subscription plans with different feature sets, usage quotas (such as token allowances, requests and conversation volume) and prices. The applicable fees and plan limits are those published at the time of your subscription or as otherwise agreed in writing.

• Billing cycle: subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan you choose) and renew automatically unless cancelled before the renewal date.
• Payment provider: payments are processed by a third-party payment provider. We do not store full payment card details on our servers.
• Usage overages: if you exceed the quotas of your plan, we may apply overage charges, throttle usage or require you to upgrade, in accordance with the plan terms.
• Taxes: fees are exclusive of applicable taxes (such as VAT/IVA), which will be added where required by law and are your responsibility.
• Price changes: we may change prices with at least 30 days' notice before the change takes effect for your next billing cycle.
• Non-payment: if a payment fails or is overdue, we may suspend or limit your access to the Service until the outstanding amount is paid.

Except where required by applicable consumer-protection law, fees already paid are non-refundable. Where mandatory law grants you a right of withdrawal or refund, that right prevails.

7. Term, cancellation, suspension and termination

These Terms remain in effect for as long as you use the Service or have an active account.

• Cancellation by you: you may cancel your subscription at any time from your account settings or by contacting support. Cancellation takes effect at the end of the current billing cycle; you retain access until then and are not charged for subsequent cycles.
• Data after cancellation: upon cancellation, your data enters a 30-day grace period during which it is soft-deleted and can be restored if you reactivate. After the grace period ends, your data — including documents and vector embeddings — is permanently deleted (hard-delete), subject to removal from routine backups within the backup rotation cycle, as described in our Privacy Policy.
• Suspension by us: we may suspend or limit your access if you breach these Terms, fail to pay, or if your use poses a security, legal or operational risk to the Service or other clients. Where reasonable, we will give you prior notice and an opportunity to cure.
• Termination by us: we may terminate your account for material or repeated breach of these Terms, with notice where reasonably practicable.

Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification and governing law) will survive.

8. Service availability and disclaimer of warranties

We strive to keep the Service available and reliable and to follow industry-standard security and operational practices. However, except where prohibited by applicable law, the Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy of AI-generated outputs, or non-infringement.

We do not warrant that the Service will be uninterrupted, error-free or completely secure, that defects will be corrected, or that the Service relies on third-party providers (including the DeepSeek LLM, Resend, Hetzner, Cloudflare and our self-hosted Qdrant vector database) whose availability is outside our exclusive control. Scheduled maintenance, third-party outages or events of force majeure may temporarily affect availability. Nothing in this section limits any warranty or right that cannot be excluded under mandatory consumer-protection law applicable to you.

9. Limitation of liability

To the maximum extent permitted by applicable law:

• ElimChat and DakyLabs will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data or business opportunities, arising out of or related to your use of (or inability to use) the Service;
• our total aggregate liability for all claims arising out of or related to the Service in any twelve-month period will not exceed the total amount you actually paid to us for the Service during that period;
• we are not liable for the content of AI-generated responses, for decisions you or your End Visitors make based on those responses, or for the content you choose to upload or publish through the Service.

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. Nothing in these Terms limits liability for fraud, willful misconduct, death or personal injury caused by negligence, or any liability that cannot be excluded or limited under the mandatory law applicable to you.

10. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ElimChat, DakyLabs and their respective directors, employees and agents from and against any claims, damages, liabilities, losses and reasonable expenses (including legal fees) arising out of or related to:

• your Client Content or your use of the Service in violation of these Terms or applicable law;
• your failure to obtain the rights, notices or consents required for the personal data you process through the Service;
• the content or behavior of the chatbot you deploy and the responses delivered to your End Visitors;
• your infringement of any third-party intellectual property, privacy or other rights.

11. Governing law and dispute resolution

These Terms are governed by the laws of the Republic of Ecuador, without regard to its conflict-of-law rules, and our data processing is designed to comply with Ecuador's Ley Orgánica de Protección de Datos Personales (LOPDP) as the primary jurisdiction, as well as the GDPR, Brazil's LGPD, Mexico's LFPDPPP, Colombia's Law 1581, Peru's Law 29733 and the data-protection laws of Argentina and Chile where applicable.

Before initiating any formal proceedings, the parties agree to attempt in good faith to resolve any dispute amicably by contacting [email protected]. Any dispute that cannot be resolved amicably will be submitted to the competent courts of Ecuador. This clause does not deprive you of the protection of mandatory provisions of the consumer-protection or data-protection law of your country of residence, where such law grants you the right to bring proceedings before, or to be sued only in, the courts of your own jurisdiction.

12. Changes, miscellaneous and contact

Changes to these Terms. We may update these Terms from time to time to reflect changes in our practices, technology or legal requirements. When we do, we will revise the "Last updated" date at the top of this page. If the changes are material, we will provide a more prominent notice (for example, by email or an in-product notice) before they take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements on the subject.

Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force, and the invalid provision will be replaced by a valid one that most closely reflects the original intent.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of assets, with notice to you.

Contact. If you have any questions about these Terms, you can reach us at:

• General support: [email protected]
• Privacy / Data Protection Officer: [email protected]
• WhatsApp: +593 96 357 5122
• Website: elimchat.com

ElimChat is a brand of DakyLabs. By using the Service, you acknowledge that you have read, understood and agreed to these Terms and Conditions.