Terms of Service

The Service is intended for use by e-commerce companies that wish to integrate a conversational shopping assistant into their online sales channels. The primary purpose of the Service is to facilitate product discovery and to improve the online shopping experience for the Client's end-user customers.

Clients are expected to use the Service in accordance with applicable laws, regulations, and industry standards. The Service is not intended for use in any context that is illegal, harmful, or inconsistent with the purposes described herein.

Clients shall ensure that their use of the Service complies with all applicable consumer protection laws, advertising standards, and data protection regulations in the jurisdictions in which they operate.

The Service does not require the collection, storage, or processing of personally identifiable information ("PII") from end-user customers in order to function. The conversational interactions are designed to operate without requiring end-users to provide personal data such as names, email addresses, phone numbers, or payment information.

It is expressly against these Terms for Clients or their end-user customers to transmit, input, or otherwise provide personal information through the conversational interface of the Service. Clients shall take reasonable steps to inform their end-user customers that the Service is not designed to receive or process personal data.

ITC shall not be held responsible for any personal data that is inadvertently or deliberately transmitted through the Service by end-user customers, provided that ITC has taken commercially reasonable measures to discourage such transmission.

Clients are responsible for informing their end-user customers that the conversational shopping assistant is powered by artificial intelligence. This disclosure must be clear, conspicuous, and made prior to or at the commencement of the end-user's interaction with the Service.

Clients shall not represent, either directly or by omission, that the conversational assistant is a human agent unless explicitly required by applicable law. Clients are responsible for ensuring that end-users understand they are interacting with an AI system.

ITC may provide template disclosures and recommended practices for transparency. However, the Client retains ultimate responsibility for compliance with all applicable AI transparency and consumer protection requirements.

The Service utilizes artificial intelligence and natural language processing technologies that, by their nature, may produce responses that are inaccurate, incomplete, or inappropriate. ITC does not guarantee the accuracy, reliability, or completeness of any response generated by the Service.

Clients acknowledge and agree that the AI-generated responses are based on the product catalog and configuration data provided by the Client. ITC shall not be responsible for errors, omissions, or inaccuracies in the Client's product data that may result in misleading or incorrect responses.

ITC expressly disclaims any responsibility for purchasing decisions made by end-user customers based on recommendations or information provided by the Service. The Client is solely responsible for the accuracy and completeness of product information supplied to the Service.

Unless otherwise agreed in writing, each party grants the other party a limited, non-exclusive, royalty-free license to use the other party's name, logo, and trademarks in marketing materials, case studies, press releases, and on their respective websites for the purpose of identifying the other party as a customer or service provider, as applicable.

Either party may revoke this license at any time by providing written notice to the other party. Upon receipt of such notice, the other party shall cease using the revoking party's name, logo, and trademarks within thirty (30) days.

Each party represents and warrants that:

• It has the legal authority to enter into and perform its obligations under these Terms.
• Its execution and performance of these Terms does not violate any other agreement to which it is a party.
• It will comply with all applicable laws, regulations, and industry standards in the performance of its obligations under these Terms.

The Client additionally represents and warrants that it has all necessary rights, licenses, and permissions to provide the product catalog data and other content supplied to the Service, and that such content does not infringe the intellectual property rights of any third party.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, ITC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

ITC does not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. ITC does not warrant the accuracy or completeness of any information, content, or responses generated by the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

ITC's total aggregate liability under these Terms shall not exceed the amounts paid by the Client to ITC during the twelve (12) month period immediately preceding the event giving rise to the claim.

The limitations of liability set forth in this section shall apply regardless of the legal theory upon which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, and even if ITC has been advised of the possibility of such damages.

All intellectual property rights in the Service, including but not limited to software, algorithms, models, designs, documentation, and trademarks, are and shall remain the exclusive property of ITC or its licensors. Nothing in these Terms grants the Client any ownership rights in the Service.

The Client retains all ownership rights in their product catalog data, branding materials, and other content provided to the Service. The Client grants ITC a limited, non-exclusive, royalty-free license to use, process, and display such content solely for the purpose of providing the Service.

ITC may use anonymized and aggregated data derived from the Client's use of the Service for the purpose of improving, developing, and enhancing the Service and ITC's technology, provided that such data cannot reasonably be used to identify the Client or its end-user customers.

The Client agrees to indemnify, defend, and hold harmless ITC and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Client's use of the Service; (b) the Client's violation of these Terms; (c) the Client's violation of any applicable law or regulation; or (d) any content or data provided by the Client to the Service.

ITC agrees to indemnify, defend, and hold harmless the Client from and against any claims that the Service, as provided by ITC, infringes the intellectual property rights of a third party, provided that the Client promptly notifies ITC of such claim and provides reasonable cooperation in the defense thereof.