Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you and TinyCheque, Inc. ("TinyCheque", "we", "us", or "our"), the company that operates the Communicate platform available at communicate.so and its related applications, widgets, and APIs (together, the "Service"). "Communicate" is a product and brand of TinyCheque, Inc.

By creating an account, activating your account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy at /privacy, which is incorporated here by reference. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you and that organization. Our registered address is 131 Continental Dr, Suite 305, Newark, Delaware 19713, USA. Questions about these Terms can be sent to [email protected].

You must be at least 16 years old to use the Service. By using the Service you confirm that you meet this minimum age requirement and that you have the legal capacity to enter into these Terms.

To use most features you must register for an account and provide accurate, current, and complete information. You are responsible for keeping your account details up to date and for all activity that occurs under your account.

Account security

• Keep your login credentials confidential and do not share them with unauthorized people.
• Notify us at [email protected] promptly if you suspect any unauthorized access to or use of your account.
• You are responsible for the acts and omissions of any team members, agents, or end users you allow to access the Service through your account.

We may refuse registration, suspend, or terminate accounts at our discretion where required to comply with law, to protect the Service, or to enforce these Terms.

Communicate is an AI customer-support platform. Depending on your configuration, the Service may include the following capabilities.

• An AI support agent that answers questions using a knowledge base you provide and configure.
• A shared inbox that combines automated AI replies with human takeover, so a person on your team can step into any conversation.
• Embeddable chat widgets you can add to your website or product.
• In-app messages and nudges you can send to your end users.
• Analytics and reporting on conversations and performance.
• Actions that let your agent perform configured tasks during a conversation.

The AI support agent generates responses using large language model inference. Today this runs on the gpt-4o-mini model accessed through OpenRouter, which we use for inference only. We may change, add, or remove underlying models and providers over time to keep the Service working and improve quality.

We may update, add, or discontinue features of the Service. If we make a material reduction to features you rely on, we will provide notice as described in the "Changes to these terms" section. The Service is hosted on cloud infrastructure provided by Railway.

Payments for the Service are processed by Dodo Payments, which acts as the merchant of record. Dodo Payments holds the PCI (Payment Card Industry) boundary for card processing, and Communicate does not store your card data. Your use of the payment flow is also subject to Dodo Payments’ own terms.

Account activation and credits

There is no free tier. To begin, you pay a one-time account activation fee of $1. This confirms that you are a real person and unlocks live channels for your account. Beyond activation, the Service is credit-based: you purchase credits and they are consumed as you use the Service.

• Credits are consumed per usage of the Service, such as processing AI responses and related actions.
• Credits are non-transferable between accounts.
• Credits are non-refundable, including unused credits, except where a refund is required by applicable law.

Subscriptions and renewals

If you purchase a subscription, it automatically renews at the end of each billing period unless you cancel. You can cancel at any time, and you will keep access through the end of the current billing period. Cancelling stops future renewals but does not by itself entitle you to a refund of amounts already paid.

Taxes and failed payments

Prices we quote exclude taxes. You are responsible for any sales, use, value-added, or similar taxes associated with your purchases, other than taxes based on our net income.

If a payment fails, we may retry the charge for up to 7 days. If payment still cannot be collected after that period, we may suspend your account until the outstanding amount is paid.

You agree to use the Service lawfully and responsibly, including toward your own end users. You must not do any of the following, and must not allow anyone using your account to do so.

• Upload, generate, or distribute unlawful content, or content that infringes the rights of others.
• Use the AI agent or messaging features to send spam, harassment, or abusive messages to your end users or any other person.
• Attempt to gain unauthorized access to the Service, other accounts, or any systems or networks connected to the Service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code or underlying models of the Service, except to the extent this restriction is prohibited by law.
• Introduce malware, phishing, or any malicious code, or use the Service to facilitate such activity.
• Circumvent, disable, or interfere with rate limits, usage limits, security controls, or other protective measures.
• Resell, sublicense, rent, or otherwise make the Service available to third parties except through your own permitted use.
• Run automated scripts or bots against the Service itself in a way that is not part of normal, intended use of the product and its APIs.

If you violate this section, we may suspend or terminate your access immediately and without a refund. We may also remove content or restrict features to comply with law or protect the Service and its users.

You retain ownership of the content you provide to the Service, including your knowledge base, and of the conversation data generated by your end users ("Customer Data"). We do not claim ownership of your Customer Data.

You grant TinyCheque a limited, non-exclusive, worldwide license to host, process, transmit, and display your Customer Data solely to provide, maintain, secure, and improve the Service for you, and as otherwise described in our Privacy Policy at /privacy.

You are responsible for the content you upload and for your end users. You represent that you have all rights, permissions, and consents necessary to provide the Customer Data to the Service and to have it processed as described in these Terms, and that your use of the Service with your end users complies with applicable law, including privacy and consumer-protection requirements.

Where you act as a data controller and we process personal data on your behalf, a Data Processing Agreement (DPA) is available on request by contacting [email protected]. Our handling of personal data is described in the Privacy Policy at /privacy.

The AI support agent generates responses using a language model (currently gpt-4o-mini). AI-generated responses can be inaccurate, incomplete, or otherwise unsuitable for a given situation. The Service is a tool, and the quality of its output depends heavily on how you configure it and on the knowledge you train it on.

• You are responsible for reviewing and configuring your agent, including the knowledge base it draws from and the settings that control its behavior.
• You are responsible for how automated responses reach your end users and for any decisions you or your end users make based on those responses.
• Human takeover is available so a member of your team can review, correct, or take over any conversation. You are encouraged to use it wherever human judgment is important.

AI-generated responses are not professional advice (including legal, medical, financial, or similar advice), and you should not present them as such to your end users unless you have verified they are appropriate.

As between you and us, you keep all rights in your own content and Customer Data. We keep all rights in the Service, including the platform software, design, user interface, documentation, and the Communicate and TinyCheque names, logos, and trademarks.

These Terms do not grant you any rights in our intellectual property beyond the limited right to access and use the Service in accordance with these Terms. You may not use our brand or trademarks without our prior written permission.

If you send us feedback, suggestions, or ideas about the Service, we may use them without any obligation to you, and you grant us a perpetual, irrevocable, royalty-free license to do so.

The Service relies on and can connect to third-party providers. These include, among others, Dodo Payments for payment processing, OpenRouter for AI model inference, and Railway for hosting.

Your use of a third-party service through or alongside Communicate may be subject to that provider’s own terms and privacy practices. We are not responsible for third-party services, and we do not control and are not liable for their availability, performance, or acts and omissions. If you connect an integration, you authorize the Service to exchange data with it as needed to provide the requested functionality.

We work to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted or error-free. The Service may be unavailable from time to time due to maintenance, updates, or factors beyond our reasonable control, including issues with third-party providers.

Support is provided by email. For any question about your account, billing, or the Service, contact us at [email protected], which is our single point of contact for all queries. We aim to respond within a reasonable time.

You may cancel your subscription or stop using the Service at any time. Cancellation takes effect at the end of your current billing period, and you keep access until then.

We may suspend or terminate your access immediately if you violate these Terms, if we detect fraud or illegal activity, or if a payment fails and remains unpaid after the grace period described in the billing section. Otherwise, where we choose to terminate for convenience, we will give you at least 30 days’ notice.

After termination, we will delete your Customer Data within 30 days, except for records we are legally required or permitted to retain, and except for backups that are deleted on our normal rotation. Sections of these Terms that by their nature should survive termination will continue to apply, including provisions on intellectual property, disclaimers, limitation of liability, and indemnification.

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

To the maximum extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will meet your requirements, that it will be uninterrupted, secure, or error-free, or that AI-generated responses will be accurate, complete, or reliable. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TINYCHEQUE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

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

• Your Customer Data and the content you upload or generate through the Service.
• Your use of the Service, including messages sent to your end users and the configuration of your AI agent.
• Your violation of these Terms or of any applicable law.
• Your infringement or misappropriation of the rights of any third party.

We may participate in the defense of any claim with counsel of our choosing, and you will not settle any claim in a way that imposes obligations on us without our prior written consent.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Subject to the informal resolution step below, the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service, and you consent to their jurisdiction.

Informal resolution first

Before starting any formal legal proceeding, you agree to first try to resolve the dispute informally by contacting us at [email protected] and giving us at least 30 days to work toward a resolution. Many disputes can be resolved quickly this way, and we ask that you reach out before filing a claim.

We may update these Terms from time to time. If we make a material change, we will provide at least 14 days’ notice before it takes effect. For changes to pricing, we will provide at least 30 days’ notice.

We will give notice by a reasonable method, such as email or a notice within the Service. Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not agree to a change, you should stop using the Service before it takes effect.

If you have any questions about these Terms or the Service, contact us at [email protected]. This is our single point of contact for all queries.

TinyCheque, Inc., 131 Continental Dr, Suite 305, Newark, Delaware 19713, USA.