Chatty

Terms of service

The agreement between your store and AVADA GROUP COMPANY LIMITED for the use of Chatty.

Last updated: 24 August 2026 — Effective: 24 August 2026

1. Introduction and Acceptance

These Terms of Service (the “Terms”) form a binding agreement between you, the merchant operating a Shopify store (“you” or the “Merchant”), and AVADA GROUP COMPANY LIMITED (CÔNG TY TNHH AVADA GROUP), Business Registration No. 0109524114, a company established under the laws of Vietnam with its registered office at 102 Tran Phu, Ha Dong, Hanoi, Vietnam (“Chatty”, “we” or “us”).

You accept these Terms by installing the Chatty application on your Shopify store, by creating a Chatty account, or by using the Services in any way. If you do not accept these Terms, do not install or use the Services.

If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “Merchant” refers to that entity.

2. Definitions

  • Services— the Chatty application and related websites, APIs, storefront widgets, and support we make available to you, including live chat, AI chatbot, help center, and other customer service tools.
  • Merchant— the operator of the Shopify store on which the Services are installed.
  • End Customer— any person who interacts with you through the Services, such as a shopper who starts a chat on your storefront.
  • Content— any data, text, files, product information, help center articles, chat messages, and other material that you or your End Customers submit to or generate through the Services.
  • Subscription— the recurring paid plan you select for the Services through the Shopify admin.
  • Fees— the recurring plan charge for your Subscription together with any usage charges above the allowance included in your plan.
  • Third-Party Integration— any service outside Chatty that you choose to connect to the Services, such as Klaviyo, Gorgias, or a messaging channel.

3. Eligibility and Account

To use the Services you must operate a valid Shopify store in good standing and be of the age required in your jurisdiction to enter into a binding contract. The Services are provided for business use only.

You are responsible for your Chatty account, for the accuracy of the information you provide, and for all activity carried out under your account. You are responsible for the access you grant to your staff and agents, for the actions they take in the Services, and for revoking access when it is no longer needed. You must notify us promptly at [email protected] if you believe your account has been accessed without authorisation.

4. The Services

Chatty provides live chat, an AI chatbot, a help center, and related customer service tools for Shopify merchants. The Services are delivered as software as a service and are accessed through the Shopify admin and your storefront.

We may add, change, or remove features of the Services. Where a change is material and adversely affects your use of the Services, we will give you reasonable prior notice by email or through the application. Features described on our website or in marketing material are not a guarantee that a specific feature will remain available in a specific form.

We may label a feature as beta, preview, or early access. Those features are made available for you to try, may change or be withdrawn at any time, and are excluded from any commitment we make elsewhere in these Terms about the Services.

5. Support

Support for all plans, including the free plan, is provided by email at [email protected] and through the chat widget in the Chatty admin. Support covers questions about setting up and using the Services, and the investigation of faults you report.

Support is provided in English. We do not commit to a response time or a resolution time, and we do not offer a separate paid support contract. Support does not cover the configuration of your Shopify theme, custom development work, or any Third-Party Integration you connect.

6. Subscription, Billing and Renewal

Paid plans are billed exclusively through the Shopify Billing API. Shopify charges you on our behalf and collects payment as part of your Shopify invoice. We do not collect, process, or store your payment card details.

Fees are those stated for the plan selected in the Shopify admin at the time of purchase. Alongside a free plan, the paid plans currently offered are Basic, Pro, and Plus, priced at USD 19.99, USD 68.99, and USD 199 per month respectively, with discounted rates of USD 16.99, USD 58.99, and USD 169.99 per month when billed annually. Prices are stated in US dollars and exclude any taxes that Shopify may add. Where the prices displayed in the Shopify admin differ from those listed here, the Shopify admin prevails.

Each plan includes an allowance of AI replies. If your store uses more than the allowance in a billing cycle, the extra replies are charged at the per-reply rate shown for your plan in the Shopify admin, and Shopify collects them in the same way as the plan charge. You can set a spending limit in the Chatty admin to cap what you are charged above your allowance. Setting and reviewing that limit is your responsibility.

Your Subscription renews automatically at the end of each billing cycle for a further cycle of the same length, at the then-current price for your plan, unless it is cancelled before renewal. If you upgrade or downgrade, the change takes effect in accordance with the billing cycle applied by Shopify for your store.

We may change our prices. If we increase the price of your plan or the per-reply rate that applies to it, we will tell you at least 30 days before the increase takes effect, by email or in the application. The new price applies from the first billing cycle that starts after the notice period ends. If you do not want to pay the new price, you can move to another plan or uninstall the application before it takes effect.

If a charge is declined or a Subscription is not paid, we may suspend or limit access to the Services until payment is completed.

7. Free Trial

Paid plans include a 7-day free trial. Unless you cancel before the trial ends, your Subscription converts automatically to a paid Subscription for the plan you selected and Shopify will charge the applicable fee. A free trial may be offered once per store; we may decline a trial where a store has already used one.

8. Cancellation and Refunds

You may cancel at any time by uninstalling the Chatty application from your Shopify store. Uninstalling cancels your Subscription and terminates this agreement. Because the application is removed from your store at that moment, the Services stop working immediately — the chat widget stops appearing on your storefront and you lose access to the Chatty admin. If you reinstall before the cycle you have already paid for has ended, we restore your plan for the remainder of that cycle. If you want uninterrupted service for a cycle you have paid for, uninstall at the end of that cycle rather than at the start.

Export the data you want to keep before you uninstall. If you need a copy of your conversations or your help center content and cannot export it yourself, ask us at [email protected] before you uninstall. After uninstall, your data is handled as described in section 19, and once it has been deleted we cannot recover it.

Because Shopify is the party that collects payment, refunds are handled through Shopify and are subject to Shopify’s policies and processes. Shopify does not automatically refund the unused part of a cycle when you uninstall. To request a refund, contact us at [email protected] with your store domain and the charge concerned, and we will review the request and, where a refund is due, arrange it through Shopify.

We do not operate a fixed refund window. There is no set number of days within which a refund is automatic, and no period after which a request is automatically refused. We look at each request on its own facts — what was charged, what you were able to use, and whether something on our side went wrong — and we tell you our decision and the reason for it. Cancelling a Subscription does not by itself entitle you to a refund of the current cycle. There is one exception, set out under Sub-processors below: if you object to a new sub-processor and we cannot resolve the objection within 30 days, you may terminate the affected Services and we refund the unused period.

9. Acceptable Use

You must not use the Services to:

  • send spam or unsolicited bulk messages;
  • harass, threaten, or abuse any person, including our staff and your End Customers;
  • store, transmit, or promote unlawful, infringing, or deceptive content;
  • collect personal data without a lawful basis or without the consent required by applicable law;
  • reverse engineer, decompile, or attempt to derive the source code of the Services, except where that restriction is prohibited by law;
  • probe, scan, or test the vulnerability of the Services, or circumvent any security or authentication measure, without our prior written permission;
  • use the AI features to generate fraudulent, misleading, or impersonating content, including content that presents an automated reply as coming from a named individual who did not send it;
  • exceed documented rate limits, or interfere with the integrity or performance of the Services; or
  • resell, sublicense, or otherwise make the Services available to a third party as a service of your own.

We may suspend or limit an account that breaches this section. We will give you notice and, where practical, an opportunity to correct the breach, except where the breach is serious — for example unlawful activity, a security threat, or conduct that risks harm to other users — in which case we may suspend immediately and notify you afterwards.

10. Merchant Content and Data

You retain all rights in and ownership of your Content. We claim no ownership over it.

You grant us a limited, non-exclusive, worldwide licence to host, copy, transmit, display, and process your Content solely to the extent necessary to operate, maintain, and support the Services for you, and to comply with the law.

Where your Content includes personal data, we act as a processor and you act as the controller. That processing is governed by our Data Processing Agreement and described in our privacy policy. You are responsible for having a lawful basis for the personal data you put into the Services, for providing the notices your End Customers are entitled to, and for the accuracy and legality of that data.

We do not sell your Content, and we do not use the conversations on your store to train our own or any third party’s general purpose AI models. Under their API terms, Google and OpenAI do not train their models on data sent through their APIs either. We have not verified an equivalent term for the other two providers we use, Anthropic and DeepSeek, and will not claim one until we can produce it on request. DeepSeek also answers from China — write to [email protected] if you want your store kept off that routing. We do use aggregated statistics that identify neither you nor any End Customer to monitor and improve the Services.

We publish the list of sub-processors that handle data on our sub-processors page. If we appoint a new sub-processor and you object on reasonable grounds within the notice period set out in our Data Processing Agreement, we work with you to address it — for example by offering a configuration change or an alternative. We do not promise to run your store on a different set of core infrastructure: the platform runs on one stack for every merchant. There is one routing we can switch off per store — the DeepSeek API, which answers from China — as set out above. If we cannot resolve your objection within 30 days of receiving it, you may terminate the affected Services and receive a pro-rata refund of any fees prepaid for the unused period. That is the one case where a refund follows automatically; every other refund is handled as described in Refunds above. You can request the full Data Processing Agreement at any time, including before you sign up, by emailing [email protected].

11. AI Output

The Services generate replies using artificial intelligence. AI-generated output can be inaccurate, incomplete, or unsuitable for a particular situation, and the same question may produce different answers at different times.

We do not warrant the accuracy, completeness, or fitness for purpose of AI output. You are responsible for the content that the Services display to your End Customers under your brand, including statements about products, prices, availability, shipping, and returns. You should review your AI configuration and knowledge sources, and configure handover to a human agent for matters that are important, sensitive, or legally significant.

Where the law requires an End Customer to be told that they are talking to an AI rather than a person — as Article 50 of Regulation (EU) 2024/1689 does for shoppers in the European Union — you must make sure that notice is given on your storefront. Our AI compliance page explains what to put in place and how we support it.

12. Intellectual Property

We and our licensors retain all right, title, and interest in the Services, including the software, interfaces, documentation, and all related intellectual property. These Terms grant you a limited, non-exclusive, non-transferable right to use the Services during the term of your Subscription, and nothing more.

The Chatty name, logo, and other brand features are our property. You may not use them except as we expressly permit in writing, or as reasonably required to identify Chatty as a service you use.

If you send us feedback or suggestions about the Services, we may use them without restriction and without any obligation to you.

We will not use your name, logo, or store as a reference, case study, or testimonial without your prior consent. Where you have given consent, you may withdraw it at any time by writing to [email protected], and we will stop using the material in new places and remove it from our website within a reasonable time.

13. Third-Party Integrations

Shopify and any other platform, application, or channel you connect to the Services are independent services operated by third parties. Your use of them is governed by their own terms and privacy policies, and their availability, pricing, and behaviour are outside our control.

A Third-Party Integration is only connected when you choose to connect it. By connecting one — for example Klaviyo or Gorgias — you instruct us to send data to it and to receive data from it, and you confirm that you are entitled to do so under your own privacy notice and applicable law. From the moment data reaches that service, the provider handles it under its own terms and its own privacy policy, and we are not responsible for what it does with it. You can disconnect an integration at any time in the Chatty admin; disconnecting stops future data flowing but does not remove data the provider already holds, which you must request from that provider directly.

We are not responsible for third-party services, for any change or discontinuation of them, or for any loss arising from your use of them. If a third party changes or withdraws an interface we rely on, the related features of the Services may change or stop working.

14. Confidentiality

Each party may receive non-public information from the other in connection with the Services. Each party will keep that information confidential, use it only to perform this agreement, and protect it with at least the care it uses for its own confidential information. This does not cover information that is public through no fault of the receiving party, that the receiving party already had, or that it develops independently.

Either party may disclose confidential information where the law or a competent authority requires it, and will, where it is lawfully able, tell the other party first. Personal data is governed by section 10 and by our Data Processing Agreement rather than by this section.

15. Service Availability

The Services are provided on an “as is” and “as available” basis. We aim to keep the Services running reliably, and we carry out planned maintenance, which we will schedule to limit disruption where we reasonably can.

We do not currently offer a contractual service level agreement. We make no commitment to any uptime percentage, response time, or recovery time, and no service credits are available for downtime.

16. Disclaimers

To the maximum extent permitted by applicable law, we exclude all warranties, conditions, and terms implied by statute, common law, or otherwise, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will produce any particular commercial result, such as an increase in sales, conversions, or resolved conversations.

17. Limitation of Liability

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with these Terms and the Services is limited to the total fees you paid for the Services in the twelve months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, loss of revenue, loss of goodwill, business interruption, or loss or corruption of data, even if we were advised of the possibility of such loss.

These limitations and exclusions do not apply to, and do not limit in any way:

  • liability of either party to a data subject under Article 82 of the GDPR;
  • liability of either party under the Standard Contractual Clauses, including liability to data subjects as third-party beneficiaries;
  • liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation; or
  • any other liability that cannot be excluded or limited under applicable law.

18. Indemnification

You will defend, indemnify, and hold us harmless against any claim, demand, proceeding, loss, damage, and reasonable legal cost brought by a third party and arising out of your Content, your use of the Services in breach of these Terms or of applicable law, or your failure to provide the notices or obtain the consents required for the personal data you put into the Services.

We will notify you promptly of any such claim, give you reasonable control of the defence and settlement, and cooperate with you at your expense. You may not settle a claim in a way that imposes an obligation or admission on us without our written consent.

19. Term and Termination

These Terms apply from the moment you install the Services and continue until terminated. You may terminate at any time by uninstalling the Chatty application from your Shopify store.

We may suspend or terminate the Services if you breach these Terms, if you fail to pay the fees due, or if we are required to do so by law. Where the circumstances allow, we will give you notice and an opportunity to correct the breach first.

Where we suspend or terminate under this section, your access to the Services ends immediately and the licence granted to you under these Terms stops. Where you cancel by uninstalling, section 8 applies instead. In both cases we handle the data remaining in our systems as described in our privacy policy and in our Data Processing Agreement. In summary: if you send us a written deletion request we will delete or return the personal data we process on your behalf within 30 days and confirm this to you in writing. We retain accounting and invoicing records where Vietnamese accounting law requires it; those records contain your business details and amounts only.

Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — continue to apply.

20. Events Outside Our Control

Neither party is liable for a failure or delay in performing this agreement caused by an event outside its reasonable control — for example a natural disaster, war, civil unrest, epidemic, strike, a failure of the public internet or of a utility, a government act, or a failure or outage of Shopify or another provider we depend on. This does not excuse an obligation to pay amounts already due. If such an event prevents the Services from being provided for more than 30 consecutive days, either party may terminate this agreement in writing.

21. Assignment

You may not assign or transfer this agreement, in whole or in part, without our prior written consent, which we will not unreasonably withhold. We may assign this agreement to an affiliate, or in connection with a merger, acquisition, or sale of all or substantially all of our assets, on written notice to you. Your rights under these Terms are not affected by such an assignment, and the data protection commitments in our Data Processing Agreement transfer with it.

22. Changes to These Terms

We may update these Terms. Where a change is material — for example a change to fees, to your rights, or to how we handle your data — we will notify you at least 30 days before it takes effect, by email or through the application, and we will update the “Last updated” date at the top of this page. Changes that are not material, such as clarifications of wording, take effect when they are published. Your continued use of the Services after a change takes effect means you accept the updated Terms. If you do not accept them, uninstall the application before the change takes effect.

23. Governing Law and Disputes

These Terms and any dispute arising out of or in connection with them are governed by the laws of Vietnam, without regard to conflict of law rules. The competent courts of Vietnam have jurisdiction over any dispute.

This does not affect the law governing the Standard Contractual Clauses incorporated into our Data Processing Agreement, which are governed by the law of Ireland and subject to the jurisdiction of the Irish courts as set out in those clauses.

Nothing in this section removes a consumer’s mandatory right under applicable law to bring proceedings in the courts of their country of residence, or to rely on the mandatory protections of the law of that country.

Before starting proceedings, we ask that you contact us at [email protected] and give us 30 days to try to resolve the matter directly.

24. General

  • Entire agreement. These Terms, our privacy policy, and, where you have one with us, our Data Processing Agreement, are the whole agreement between us about the Services, and replace anything said or written before. Where our Data Processing Agreement and these Terms conflict on the handling of personal data, the Data Processing Agreement prevails.
  • Severability. If any part of these Terms is held to be invalid or unenforceable, the rest continues to apply.
  • No waiver. If we do not enforce a right under these Terms straight away, we do not give up that right.
  • No partnership. These Terms do not create a partnership, joint venture, agency, or employment relationship between us.
  • Notices. We give notices to the email address held on your Chatty account or through the application; keep that address current. You give notices to us at the email addresses in section 25.
  • No third-party rights. No one other than you and us may enforce these Terms, except where a data subject has rights under the Standard Contractual Clauses.
  • Language. These Terms are written in English. Any translation is provided for convenience, and the English version governs.

25. Contact

AVADA GROUP COMPANY LIMITED (CÔNG TY TNHH AVADA GROUP)
Business Registration No. 0109524114
102 Tran Phu, Ha Dong, Hanoi, Vietnam

For questions about these Terms, your Subscription, or support: [email protected]

For questions about personal data, the Data Processing Agreement, or to exercise data protection rights: [email protected]