Agreement to these Terms
These Terms of Service (the “Terms”) are a binding agreement between CherryWave LLC(“Conecto,” “we,” “us,” or “our”) and the person or legal entity that accesses or uses the Service (“Customer,” “you,” or “your”). “Service” means the Conecto websites, applications, customer-messaging platform, chat widget, APIs, AI features, documentation, and related services that we make available.
By creating an account, accepting an order form, clicking to accept these Terms, or accessing or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not access or use the Service. An order form, data processing addendum, or other written agreement signed by both parties may supplement these Terms. If there is a conflict, the signed agreement controls to the extent of that conflict.
Eligibility and authority
You must be at least 18 years old and legally able to enter into a contract to use the Service. If you use the Service for an organization, you represent that you have authority to bind that organization, and “Customer,” “you,” and “your” refer to that organization. The Service is intended for business and professional use, not personal, family, or household use.
The Service
Conecto provides tools for customer communications, including live chat, shared inboxes, tickets, contacts, knowledge bases, analytics, automations, integrations, and AI-assisted features. We may improve, modify, add, or remove features over time. We will not materially reduce the core functionality of a paid Service during a current subscription term without providing reasonable notice, except where a change is needed for security, legal compliance, third-party dependency changes, or to prevent harm.
Beta, preview, evaluation, or early-access features may be changed or discontinued at any time, may be less reliable than generally available features, and are provided without service commitments unless we expressly agree otherwise in writing.
Accounts, workspaces and authorized users
Your account
You must provide accurate, current information and keep it updated. You are responsible for safeguarding credentials, maintaining appropriate permissions, and all activity under your account, including activity by teammates, contractors, and other authorized users. Notify us promptly through our contact page if you suspect unauthorized access or a security incident involving your account.
Workspace administration
The workspace owner and authorized administrators control the workspace, including users, roles, settings, integrations, Customer Data, and subscription choices. If you join a workspace using an organization-controlled email address, that organization may be able to manage your account and access information associated with the workspace. You are responsible for obtaining authorization before inviting users or connecting third-party accounts.
Plans, fees, billing and taxes
Plans and recurring charges
The features, usage allowances, subscription period, and fees for your plan are shown at checkout, on the pricing page, in the dashboard, or in an order form. Paid subscriptions renew automatically for successive periods equal to the initial subscription period unless canceled before renewal. You authorize us and our payment processor to charge your selected payment method for recurring fees, metered usage, applicable taxes, and other amounts you approve.
Usage and plan changes
Some features, including AI, may be measured by credits, tokens, messages, contacts, seats, widgets, or another usage metric disclosed in the Service. Usage beyond an included allowance may require additional payment or may be unavailable until you upgrade or purchase more capacity. Upgrades may take effect immediately. Unless stated otherwise at the time of purchase, downgrades and cancellations take effect at the end of the current paid period.
Taxes, late payment and refunds
Fees are stated in U.S. dollars and exclude taxes unless indicated otherwise. You are responsible for taxes, duties, and governmental assessments other than taxes on our net income. If payment is overdue, we may suspend paid features after reasonable notice. Except where required by law or expressly stated in an order form, paid fees and unused usage credits are non-refundable and non-transferable.
Customer Data and responsibilities
“Customer Data” means information, content, and materials submitted to, stored in, sent through, or generated from your use of the Service, including contact records, conversation content, tickets, attachments, knowledge-base materials, bot configurations, integration data, and end-user information. As between the parties, you retain all rights in Customer Data.
You grant us a worldwide, non-exclusive, limited right to host, copy, transmit, display, modify, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, and improve the Service, comply with law, and perform our obligations under these Terms. This right continues only for as long as necessary for those purposes, subject to our retention obligations.
You represent and warrant that:
- you have all rights, permissions, and lawful bases needed to provide and process Customer Data;
- your instructions and use of the Service comply with applicable laws and your own notices and agreements;
- you will provide legally sufficient privacy notices and obtain any required consent from end users;
- you will respond to end-user requests concerning Customer Data when you are the relevant controller or business; and
- Customer Data and your use of it will not infringe, misappropriate, or violate the rights of any person.
Privacy and data protection
Our Privacy Policy explains how we handle personal data when we act as a controller or business. When we process personal data in Customer Data on your behalf, you are the controller or business and we act as your processor or service provider. We will process that data to provide the Service, follow your documented instructions, protect the Service, and comply with law.
If applicable privacy law requires a data processing agreement, our standard data processing addendum, including appropriate international-transfer terms, is available by emailing legal@conecto.chat. You must not use the Service to collect personal data from children under 13 or deploy it on a child-directed service without our prior written approval and without satisfying all applicable parental notice and consent requirements.
Artificial intelligence features
The Service may use third-party artificial intelligence models to draft or generate replies, summarize conversations, retrieve information, classify content, call configured tools, and perform related tasks (“AI Output”). AI Output is generated probabilistically and may be inaccurate, incomplete, offensive, or unsuitable. Similar or identical output may be generated for others.
You control whether and how to enable AI features and are responsible for the instructions, knowledge sources, integrations, review processes, and disclosures you configure. You must evaluate AI Output before relying on it and provide human review where appropriate. You must not use AI Output as the sole basis for decisions that produce legal or similarly significant effects on a person, or for medical, legal, financial, employment, housing, credit, insurance, or other high-risk decisions.
You authorize us to transmit the portions of Customer Data reasonably required to process an AI request to our AI service providers and any tools or integrations you enable. Your use of AI features must comply with these Terms and any usage limitations displayed in the Service.
Third-party integrations and customer systems
The Service may connect with websites, payment services, commerce platforms, identity providers, Model Context Protocol servers, APIs, and other third-party services chosen by you. You authorize us to exchange Customer Data with a connected service as needed to perform your requested actions. You are responsible for the connected service, its terms, your credentials and permissions, and the lawfulness of the data exchanged.
We do not control third-party services and are not responsible for their availability, security, functionality, or handling of data. Removing an integration stops future exchanges but may not delete information already received by the third party.
Acceptable use
You will not, and will not permit anyone else to, use the Service to:
- violate any law, regulation, court order, sanctions program, or third-party right;
- send spam or unlawful communications, or contact people without a valid legal basis;
- harass, exploit, deceive, discriminate against, defame, or threaten any person;
- distribute malware, malicious code, unlawful content, or material that facilitates harm;
- impersonate another person or misrepresent the origin, authorization, or nature of a communication;
- probe, scan, test, circumvent, or interfere with security, authentication, rate limits, or access controls;
- access another customer’s data, scrape the Service, or use automated means except through documented interfaces;
- reverse engineer, decompile, copy, resell, sublicense, or create a competing product from the Service, except where such a restriction is prohibited by law;
- use the Service or its output to train or develop a competing general-purpose model or service without our written permission;
- upload special-category, highly regulated, or sensitive personal data unless necessary, lawful, appropriately secured, and supported by a written agreement with us where required; or
- use the Service in a way that could harm Conecto, our providers, other customers, end users, or the integrity of the Service.
We may investigate suspected violations and remove or restrict content or access when reasonably necessary. You will reasonably cooperate with investigations relating to your workspace.
Intellectual property
We and our licensors own the Service, including its software, interfaces, design, documentation, brand assets, and all applicable intellectual-property rights. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term to access and use the Service for your internal business purposes.
“Conecto,” our logos, and related names, designs, and brand features are brand assets of CherryWave LLC. These Terms do not grant you a right to use them. If you provide suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided we do not identify you publicly without permission.
Confidentiality
Each party may receive non-public information that the other party identifies as confidential or that reasonably should be understood as confidential (“Confidential Information”). The receiving party will use reasonable care to protect Confidential Information and use it only to exercise rights or perform obligations under these Terms. Confidential Information does not include information that is public through no fault of the recipient, already lawfully known, independently developed without use of the information, or lawfully received without a duty of confidentiality.
A party may disclose Confidential Information to personnel, contractors, and advisers who need it and are bound by confidentiality obligations, or when required by law. If legally permitted, the receiving party will give advance notice of a compelled disclosure and reasonable assistance at the disclosing party’s expense.
Security
We maintain administrative, technical, and organizational safeguards designed to protect the Service and Customer Data. You remain responsible for securely configuring your workspace, managing user access, protecting credentials and integration keys, maintaining backups where appropriate, and using the Service consistently with your risk and compliance obligations. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.
Suspension and restrictions
We may suspend or restrict access immediately if we reasonably believe: (a) your use poses a security risk or could harm the Service or another person; (b) you violated these Terms or law; (c) payment is overdue; (d) suspension is required by law or a provider; or (e) your use materially exceeds documented limits. When practicable, we will provide notice and an opportunity to cure. We will limit a suspension to the scope and duration reasonably necessary.
Term, cancellation and termination
These Terms begin when you first accept them or use the Service and continue until terminated. You may stop using a free plan or cancel a paid subscription through the dashboard. Either party may terminate for a material breach that remains uncured 30 days after written notice, or immediately if the other party becomes insolvent or ceases business, subject to applicable law.
After termination, your right to use the Service ends and unpaid amounts become due. We may delete Customer Data after a reasonable retrieval period, subject to legal, security, backup, and contractual retention requirements. You are responsible for exporting data you need before termination. Provisions that by their nature should survive will survive, including payment obligations, confidentiality, intellectual property, disclaimers, liability limits, indemnification, and dispute terms.
Third-party services and open-source software
The Service may contain links to or depend on third-party products and open-source software. Third-party products are governed by their own terms and policies. Open-source components are governed by their applicable licenses, and those licenses control if they conflict with these Terms for the relevant component.
Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, AI OUTPUT, BETA FEATURES, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CONECTO AND ITS SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR EVERY USE, OR THAT AI OUTPUT OR OTHER RESULTS WILL BE ACCURATE OR COMPLETE.
Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you. Nothing in these Terms excludes rights that cannot lawfully be excluded.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY NOR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. CONECTO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO CONECTO FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. IF CUSTOMER USED ONLY A FREE SERVICE, CONECTO’S TOTAL LIABILITY WILL NOT EXCEED US$100.
The exclusions and limits apply to all theories of liability and are an essential basis of the agreement. They do not apply to liability that cannot be limited by law.
Indemnification
You will defend, indemnify, and hold harmless CherryWave LLC, its affiliates, and their personnel from third-party claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable legal fees arising from: (a) Customer Data; (b) your use of the Service in violation of these Terms or law; (c) your products, services, or communications with end users; or (d) your integrations or instructions. We will promptly notify you of a claim, provide reasonable cooperation at your expense, and allow you to control the defense, except you may not settle a claim in a way that admits our fault or imposes obligations on us without our written consent.
Governing law and disputes
Before filing a formal claim, each party will try in good faith for at least 30 days to resolve the dispute through written notice describing the issue and requested relief. Notices to Conecto must be sent using the contact details below.
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. Nothing prevents either party from seeking urgent injunctive relief for misuse of intellectual property, Confidential Information, or security credentials. If mandatory consumer law in your jurisdiction gives you rights or a forum that cannot be waived, those rights and that forum remain available.
Changes to these Terms
We may update these Terms to reflect changes to the Service, law, or our practices. We will post the updated Terms and revise the “Last updated” date. If a change materially reduces your rights or increases your obligations, we will provide reasonable advance notice through the Service, by email, or by another appropriate method. Unless a later date is stated, changes take effect when posted. Your continued use after the effective date means you accept the revised Terms.
General terms
- Notices. We may send operational and legal notices to the email associated with your account or through the Service. You must keep your contact information current.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.
- Independent parties. The parties are independent contractors. These Terms do not create a partnership, agency, fiduciary, franchise, or employment relationship.
- No third-party beneficiaries. These Terms do not give rights to any third party.
- Waiver and severability. A waiver must be in writing and is not a continuing waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue.
- Entire agreement. These Terms and documents expressly incorporated into them are the entire agreement about the Service and supersede prior or contemporaneous agreements on that subject.
- Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation.” Electronic acceptance and signatures have the same effect as originals.
Contact
Questions, legal notices, and requests concerning these Terms may be sent to:
CherryWave LLC1309 Coffeen Avenue, Suite 1200
Sheridan, Wyoming 82801
United States
legal@conecto.chat
Contact us online