These Terms and Conditions (“Terms”) constitute a legally binding agreement between you, as a business or store owner (“you,” “your,” “Customer”), and AskDolphin (“AskDolphin,” “we,” “us,” “our”). By creating an account, installing our code, placing our QR codes for in-store or after-purchase support, integrating with Shopify or any other third-party platform, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
IF YOU DO NOT AGREE to any part of these Terms, do not use our Services. These Terms are for commercial/business use only; if you are not using AskDolphin for a bona fide business purpose, please do not proceed.
These Terms do not constitute legal advice. You should consult a qualified attorney before finalizing or relying on these Terms if you have any questions about your legal obligations.
1.1 What We Provide
AskDolphin offers an AI-driven, software-as-a-service platform (the “Services”) for businesses seeking to enhance customer engagement, pre- and post-purchase support, and user experience. The Services include but are not limited to:
1.2 Scope of Services
Our Services aim to centralize and automate customer support workflows. We do not guarantee any increase in sales or revenue, nor do we promise any specific outcome. The functionality, including AI accuracy, depends on the data you provide and the constraints of the underlying technology.
1.3 No Consumer Services
The Services are strictly for commercial or business entities. By using the Services, you represent that you are not a consumer under the laws of your jurisdiction. If you are a consumer (using Services for personal, family, or household purposes), you must not use the Services.
1.4 Relationship to Privacy Policy
Although these Terms do not include our Privacy Policy, we handle personal data in compliance with relevant laws. We disclaim liability for your compliance obligations with respect to end-user data. (Note: The user specifically requests no Privacy Policy in this combined text. We highlight that you, as the business, must still follow data protection laws.)
2.1 Minimum Age
You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our Services. If you are younger, you are forbidden from creating an account.
2.2 Authority to Bind
If you represent a company or an organization, you warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, you must not use the Services on their behalf.
2.3 Agreement to Terms
Your use of any portion of the Services indicates that you have read, understand, and agree to comply with these Terms. If you do not agree, do not use our Services. Any change, extension, or upgrade to the Services is also subject to these Terms.
2.4 No Reverse Engineering
You further agree not to reverse engineer, or attempt to derive the source code of any software or algorithms that are part of the Services, except where permitted by applicable law.
2.5 Territorial Restrictions
Some features may not be available in all territories or jurisdictions. We reserve the right to limit the availability of the Services to certain countries or regions.
4.1 Required Information
During registration, you may be required to provide us with your name, valid email address, phone number, company name, billing information, and any other information we deem necessary. You represent and warrant that all such information is correct, current, and complete.
4.2 Account Security
It is your responsibility to maintain the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your password or account. We disclaim liability for any losses arising from unauthorized use of your account.
4.3 Multiple Accounts
We reserve the right to limit the number of accounts created by a single entity or authorized user if we suspect an attempt to circumvent usage limits or subscription tiers.
4.4 Account Transfer
You shall not transfer, assign, or sell your Account or credentials to any other person or entity. If you wish to transfer your role within a company, you must have the new user create an Account or contact support for a potential ownership change.
4.5 Account Verification
We may conduct verification checks (e.g., email confirmation) to confirm your provided information. If we cannot verify your details or find them suspicious, we reserve the right to suspend or terminate your account immediately.
5.1 Subscription Types
AskDolphin offers various subscription types, including free trial, freemium, monthly paid, annual paid, enterprise, or custom plans. Each plan may have different features, usage limits, and renewal policies.
5.2 Payment Method
You must provide a valid payment method (credit card, PayPal, or other accepted platforms). By providing this information, you authorize us (and our payment processors) to charge the applicable subscription fees and any applicable taxes.
5.3 Billing Cycle
Paid subscription plans typically renew automatically at the end of each billing cycle (e.g., monthly or annually). You are responsible for canceling your subscription prior to renewal if you do not wish to continue.
5.4 Refund Policy
Unless otherwise required by law, all fees are non-refundable. You acknowledge that once you have paid for a Subscription Plan, you are not entitled to prorated refunds. If local law mandates a refund policy, we will comply to the extent required.
5.5 Late Payments
If your payment fails or if you have an outstanding balance, we reserve the right to suspend or terminate your account, downgrade your plan, or impose late fees consistent with applicable law.
5.6 Taxes
You are responsible for all applicable taxes, duties, or government levies assessed in connection with your use of the Services. If we have an obligation to collect taxes on your behalf, we will add those to your invoice.
5.7 Fee Changes
We may change our subscription fees at any time. For existing subscriptions, such changes will become effective upon the next renewal date. We will provide reasonable notice (e.g., email or in-app notice) before the new fees take effect.
6.1 Freemium Model
We may provide a free tier with limited features or usage. We reserve the right to modify or discontinue such free tier without liability or notice.
6.2 Trials
We may offer free trials for a specified duration. If you do not cancel before the trial ends, we may automatically convert your account to a paid subscription, charging your payment method.
6.3 Renewals
All subscriptions, unless otherwise specified, auto-renew at the end of the current subscription term (monthly or annual). You can disable auto-renewal by adjusting your Billing settings or contacting support.
6.4 Upgrades and Downgrades
You may upgrade to a higher plan at any time (paying the pro-rated difference). Downgrading is possible, but you understand that you may lose features, data, or usage capacity, and no refunds will be provided for any unused portion of the prior plan.
7.1 Compliance with Laws
You must use the Services only in compliance with all applicable laws and regulations, including data protection laws, intellectual property laws, and consumer protection statutes. If you choose to use the Services from outside the recognized territory, you do so at your own initiative and risk.
7.2 Prohibited Activities
You shall not, and shall not allow any third party, to:
7.3 Offline Messages and Notifications
When your business is offline, end-users may leave inquiries that can be answered by Dolphin AI. If the end-user requests to speak with an agent, their inquiry will be transferred to your inbox, and notifications will be sent via email or other channels. You are solely responsible for responding to these transferred inquiries in a timely manner.
7.4 Multi-Language and Voice Features
We offer multi-language chat and voice-based inquiry handling. We do not guarantee perfect translation or voice recognition accuracy, and disclaim any liability from misunderstandings or errors resulting from the use of these features.
8.1 QR Code Generation
Our Services enable you to generate unique QR codes that link end-users to a specific chat or product page. The code may embed product details, store info, or AI chat prompts.
8.2 Use of QR Codes
You are responsible for printing, placing, or displaying these QR codes in a secure, visible location within your store or on product packaging.
8.3 No Liability for Improper Use
We are not responsible for how end-users use or misuse the QR codes, including scanning them with malicious devices or intercepting data. You assume all risk related to physical printing and distribution of these codes.
8.4 Post-Purchase Support
By scanning the code, end-users may gain direct lines of communication with the AI chatbot or your support team. You must keep product information updated in the Services to ensure accurate AI or agent responses.
9.1 AI Data Training
Dolphin AI relies on the data you provide (product descriptions, brand details, Q&A, store policies) to train or refine its responses. You must ensure that your data is accurate, current, and does not infringe on third-party rights.
9.2 AI Limitations
You acknowledge that AI-based answers might be incorrect, incomplete, or outdated. Dolphin AI is not human; it relies on models that might misunderstand user intent or context. You remain ultimately responsible for content published to your end-users.
9.3 Liability Disclaimer
You shall not hold AskDolphin liable for any damage or loss caused by the AI’s responses or suggestions. The AI is provided “as is” and is intended as an informational tool. Always verify critical or sensitive information manually.
9.4 Voice and Speaker Feature
If end-users opt to hear AI responses, the text is converted to speech. We do not guarantee voice output accuracy, especially for names, brand-specific terminology, or specialized vocabulary.
10.1 Shopify Terms
If you integrate AskDolphin with Shopify, you must also comply with Shopify’s Terms of Service, Shopify API License and Terms of Use, and other relevant policies. You represent that you have reviewed and will abide by these rules.
10.2 Checkout and Data Sync
Shopify may require that all sales processed via your store be completed through Shopify Checkout. You must not divert traffic to a third-party checkout without Shopify’s explicit permission. If your app captures consumer data, you must sync it back to Shopify or allow the merchant to do so.
10.3 No Replication
You agree not to replicate or undermine Shopify’s existing or future core products (like the checkout flow) or attempt to move merchants off Shopify.
10.4 App Distribution
You shall not distribute or sublicense the Shopify integration code to more than one merchant unless authorized. If your integrated app or usage violates Shopify’s policies, we may disable or remove the integration without liability.
11.1 Confidential Information
Each party agrees that all non-public, proprietary, or trade secret information disclosed by one party to the other is considered “Confidential Information.” You agree not to disclose or use our Confidential Information except to carry out obligations under these Terms.
11.2 Protection Measures
You must use reasonable methods to protect all Confidential Information received, and not disclose or distribute it to unauthorized individuals.
11.3 Data Protection
If personal data is involved, you must ensure you have all consents or authority needed to provide such data to us. We disclaim responsibility for your compliance obligations under data protection laws, including GDPR, CCPA, or other regulations.
12.1 Ownership
All rights to Customer Data remain vested in you. We do not claim ownership, except for a license to process it to the extent necessary to provide or improve the Services.
12.2 License to Use
You grant us a worldwide, non-exclusive, royalty-free license to store, process, transmit, and reproduce the Customer Data, as needed to fulfill our contractual obligations (e.g., AI training, chat operations).
12.3 Data Responsibility
You are solely responsible for the content, legality, reliability, and accuracy of Customer Data. If your data violates any law or causes infringement, we may remove or suspend the associated content or your account.
12.4 Data Retention
We may store Customer Data for as long as your subscription remains active and for a reasonable period thereafter, or as required by law. We do not provide archiving or data backup services unless explicitly stated.
13.1 Service Ownership
All right, title, and interest in and to the Services, including any software, algorithms, user interfaces, design, documentation, and improvements, are the exclusive property of AskDolphin and/or its licensors.
13.2 Trademarks
“AskDolphin,” “Dolphin AI,” the AskDolphin logo, and other marks used within the Services are trademarks or service marks of AskDolphin. You shall not use these marks without our prior written permission.
13.3 Your Marks
You represent and warrant that any logo, brand name, or trademark you provide to us for integration or display does not infringe on third-party rights. We disclaim any responsibility or liability for your usage of third-party marks or content.
13.4 Feedback
We welcome suggestions for improvements. By submitting feedback, you grant us a perpetual, irrevocable, worldwide license to use, modify, and incorporate your feedback into the Services.
14.1 Optional Integrations
We may provide integrations with third-party messaging apps (e.g., WhatsApp, Facebook Messenger), CRMs, or marketing platforms. You are not required to enable these, but if you do, your data will be shared with those third parties.
14.2 Disclaimer for Third-Party Services
We do not endorse or control third-party services. Your use of them is governed by their own terms, and we disclaim any liability for issues arising from third-party services or your reliance on them.
14.3 Future Integrations
We may, at our sole discretion, add or remove integrations without prior notice. We disclaim any liability if an existing integration is retired or changed, impacting your workflows.
15.1 No Illegal Content
You shall not submit or facilitate the distribution of any material that is libelous, defamatory, profane, obscene, or otherwise unlawful through the Services. If we discover such content, we reserve the right to remove it immediately.
15.2 Security and Monitoring
You are responsible for ensuring that your network and devices meet our minimum security standards and that no malicious code is introduced to the Services. While we have the right (but not the obligation) to monitor your usage, you must not rely on us to detect or prevent any security vulnerabilities.
15.3 End-User Notifications
If you use the Services to engage with or collect data from end-users, you must provide any required notices, and obtain any necessary consents, under applicable law (e.g., GDPR, CCPA). We are not liable for your failure to do so.
15.4 Prohibited Content or Industries
We may restrict or refuse Services for certain content or industries (e.g., illegal products, explicit adult materials, violent or hateful content) at our discretion. We will attempt to provide notice where feasible.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
In jurisdictions not allowing the disclaimer of implied warranties, our liability is limited to the greatest extent permitted by law.
17.1 Exclusion of Certain Damages
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ASKDOLPHIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, DATA, OR BUSINESS OPPORTUNITIES), EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 Aggregate Cap
TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ASKDOLPHIN FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
17.3 Exceptions
Nothing in these Terms shall limit your liability for your indemnification obligations or for your violation of intellectual property or confidentiality obligations.
17.4 Applicability
Some jurisdictions do not allow the limitation or exclusion of certain damages or liabilities, thus some of the above provisions may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
18.1 Obligation
You agree to indemnify, defend, and hold harmless AskDolphin, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorneys’ fees) arising out of or related to:
19.1 Term
These Terms commence on the date you first accept them (e.g., when you create an Account or first use the Services) and continue until terminated by either party as provided herein.
19.2 Termination by You
You may terminate your subscription or account at any time by following the account closure procedures. If you terminate, you will not receive any refund for prepaid fees, unless legally required otherwise.
19.3 Termination by Us
We may terminate or suspend your Account or access to the Services for any reason, including but not limited to:
20.1 Right to Suspend
Without terminating your entire account, we reserve the right to suspend or limit your access to certain features if:
21.1 Beta Testing
From time to time, we may invite you to test certain new functionalities or experimental features (“Beta Features”). Participation is voluntary.
21.2 As-Is
Beta Features are provided on an “as is” basis, may contain bugs or errors, and may be discontinued at any time. We disclaim any warranties or liabilities with respect to Beta Features.
21.3 No Compensation
We are not obligated to provide any financial or other compensation for your participation or feedback regarding Beta Features.
22.1 Right to Modify
We reserve the right to modify these Terms at any time. If we make significant changes, we will provide notice, for instance by posting the updated Terms on our website or sending you an email.
22.2 Acceptance of Modified Terms
Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance. If you do not agree, your only remedy is to discontinue use of the Services.
22.3 Changes to the Services
We also reserve the right to enhance, modify, or discontinue any or all features of the Services at any time, with or without notice, without incurring any liability to you.
23.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict-of-law provisions.
23.2 Venue
Any claim or dispute arising out of these Terms or related to the Services shall be brought exclusively in the state or federal courts located in England and Wales, and each party consents to the personal jurisdiction there.
23.3 Arbitration Clause
At our sole discretion, we may require you to submit any disputes arising from the use of these Terms or the Services to final and binding arbitration under the rules of the London Court of International Arbitration (LCIA). The decision of the arbitrator shall be enforceable in any court of competent jurisdiction.
23.4 Injunctive Relief
Nothing herein shall prevent either party from seeking injunctive or equitable relief in a competent court to protect Intellectual Property or Confidential Information.
24.1 By AskDolphin
We may assign or transfer our rights or obligations under these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
24.2 By You
You may not assign, sublicense, or transfer these Terms without our prior written consent. Any attempt to do so is void.
25.1 Entire Agreement
These Terms (together with any references or policies linked herein, such as usage guidelines) constitute the entire agreement between the parties concerning the Services. They supersede all prior agreements or communications, oral or written.
25.2 No Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of future enforcement. Any waiver must be in writing, signed by an authorized representative.
25.3 Severability
If any portion of these Terms is adjudged invalid by a court of competent jurisdiction, the remaining portions shall remain in effect and be enforced to the maximum extent permissible.
25.4 Force Majeure
Neither party will be liable for any failure or delay caused by conditions beyond their reasonable control, including acts of God, terrorism, labor disputes, natural disasters, or government actions.
25.5 Headings
Headings and section titles are for reference only and do not affect interpretation.
25.6 Notices
All official notices shall be in writing and addressed to [email protected], or to the email address and/or mailing address you provide in your Account. Notice by email is deemed delivered upon confirmation of receipt or 24 hours after sending, whichever occurs first.
25.7 Language
These Terms may be provided in multiple languages. In the event of a conflict, the English version shall prevail unless prohibited by local law.
25.8 Export Compliance
You represent you are not located in or a national of any region prohibited by the laws of the United Kingdom, United States, or other applicable jurisdictions from accessing or using the Services. You agree to comply with all applicable export and re-export control laws and regulations, including those of the UK, US, and other governing authorities.
25.9 No Third-Party Beneficiaries
No one other than a party to these Terms has any right to enforce any of its provisions.
25.10 Further Assurances
Each party agrees to execute and deliver such further documents and instruments and take such further action as may be necessary to carry out the purpose and intent of these Terms.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND BY THEM. Your continued use of any portion of the Services constitutes acceptance of these Terms in their entirety.
For any questions or further clarification, please contact us at:
Effective Date: 1 February 2025