Terms of Service
Last updated: 23 March 2026
1. Introduction and Acceptance
These Terms of Service ("Terms") govern your access to and use of the Chativ platform, including the web application, embeddable chat widget, APIs, and all related services (collectively, the "Service") provided by Traqqie B.V., trading as Chativ ("Chativ", "we", "our", or "us"), a company registered in the Netherlands.
By creating an account, starting a free trial, or otherwise accessing the Service, you ("Customer") agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not use the Service.
These Terms form a legally binding contract between Chativ and the legal entity you represent. The Service is intended exclusively for businesses and is not offered to individual consumers. By accepting these Terms you represent and warrant that you are acting on behalf of a legal entity and have authority to bind that entity.
2. Description of Service
Chativ is an AI-powered customer support chatbot platform for small businesses and B2B SaaS teams. The Service automatically crawls a URL you provide to build a knowledge base, and makes that knowledge base available through an embeddable JavaScript widget. Key features include AI-generated question answering, lead capture, email escalation, chat history, and an admin dashboard.
AI Disclosure. The Service is powered by artificial intelligence and large language models. When end users interact with the Chativ widget on your website, they are communicating with an AI system — not a human. In accordance with Article 50 of Regulation (EU) 2024/1689 (the "EU AI Act"), the Chativ widget is designed to make this clear to end users. You are responsible for ensuring that your deployment of the widget does not suppress or circumvent this disclosure.
Chativ currently uses AI models provided by OpenAI, Anthropic, Google, and DeepSeek. These providers are listed as sub-processors in our Privacy Policy. We may add or change AI providers at any time; material changes will be notified in accordance with Section 18.
3. Account Registration and Security
To use the Service you must register for an account and provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@usechativ.com of any actual or suspected unauthorised access.
You may not share account credentials with third parties, create accounts by automated means, or register on behalf of a person without their authorisation. Chativ reserves the right to refuse or cancel registrations at its sole discretion.
4. Free Trial
Chativ may offer a free trial period ("Trial") that allows you to evaluate the Service without charge. No payment information is required to begin a Trial. At the end of the Trial, continued access to the Service requires that you subscribe to a paid plan. If you do not subscribe, your access will be suspended and your data may be deleted after a reasonable retention period as described in our Privacy Policy.
Trial access is provided "as is" and without any warranty or service level commitment. Chativ reserves the right to modify or terminate Trial offers at any time and without notice.
5. Subscription, Fees, and Billing
Subscription. Paid access to the Service is provided on a recurring monthly subscription basis at the price displayed at the time of purchase. All prices are exclusive of applicable taxes unless stated otherwise.
Merchant of Record. All payment transactions are processed by Paddle.com Market Limited ("Paddle"), acting as the Merchant of Record and authorised reseller of the Service. When you purchase a subscription, you are transacting with Paddle, and Paddle's Buyer Terms apply to the purchase transaction in addition to these Terms. Paddle is responsible for collecting and remitting applicable sales tax, VAT, and GST.
Automatic Renewal. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You authorise Paddle to charge the payment method on file for each renewal.
Price Changes. Chativ may change subscription prices at any time. Any price change will be communicated to you by email at least 30 days in advance and will take effect from the next billing cycle following the notice period.
6. Cancellation and Refund Policy
Cancellation. You may cancel your subscription at any time through your account dashboard or by contacting support@usechativ.com. Upon cancellation, your access to the Service continues until the end of the current billing period, after which no further charges will be made.
30-Day Money-Back Guarantee. If you are not satisfied with the Service, you may request a full refund within 30 days of your first paid subscription charge. To request a refund, contact us at support@usechativ.com. This guarantee applies once per account and does not apply to subsequent subscription renewals.
No Refunds on Renewals. Except as required by applicable law or as set out in the money-back guarantee above, subscription fees for renewal periods are non-refundable. Partial-period refunds are not issued upon cancellation; access continues until the end of the paid period.
7. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights;
- Transmit, crawl, or process content that is unlawful, defamatory, obscene, fraudulent, or that infringes intellectual property rights;
- Reverse-engineer, decompile, or attempt to extract the source code or underlying AI models of the Service;
- Use the Service in a way that interferes with or disrupts its infrastructure or other users' access;
- Use automated means (bots, scrapers) to access the Service except through Chativ's official APIs;
- Resell or sublicense access to the Service without Chativ's prior written consent;
- Deploy the chat widget to deceive end users into believing they are communicating with a human when no human override is active;
- Process special category personal data (as defined under Article 9 GDPR) through the chat widget without implementing appropriate safeguards and informing end users accordingly;
- Use the Service to develop a competing product or to benchmark the Service for publication without our consent.
Chativ reserves the right to suspend or terminate accounts found to be in violation of this policy without prior notice, and to report unlawful activity to the relevant authorities.
8. Intellectual Property
Chativ IP. All intellectual property rights in the Service, including the software, algorithms, user interface, documentation, and branding, are owned by or licensed to Chativ. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during the subscription period solely for your internal business purposes.
Your Content. You retain all rights to the content you provide to the Service, including website content crawled at your instruction ("Customer Content"). You grant Chativ a worldwide, royalty-free licence to access, copy, process, and display Customer Content solely to the extent necessary to provide and improve the Service. Chativ does not use Customer Content or end-user conversation data to train AI models.
Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant Chativ an irrevocable, royalty-free right to use that feedback for any purpose without obligation to you.
9. AI Disclaimer and Accuracy of Responses
The Chativ Service relies on artificial intelligence and large language models that may produce inaccurate, incomplete, outdated, or inappropriate responses. AI-generated output does not constitute professional advice of any kind, including but not limited to legal, financial, medical, or technical advice.
You acknowledge and agree that:
- AI responses are generated probabilistically and may contain errors, "hallucinations", or factual inaccuracies even when the underlying knowledge base is accurate;
- It is your sole responsibility to review and validate the accuracy of any AI-generated content before relying on it or making it available to end users;
- Chativ does not guarantee that the Service will correctly answer all questions or that responses will be free of bias or error;
- You are solely responsible for the consequences of deploying the Service on your website and for any reliance placed on AI responses by your end users.
Chativ expressly disclaims all liability arising from inaccurate, incomplete, or misleading AI-generated responses to the fullest extent permitted by applicable law.
10. Data Processing and Privacy
Privacy Policy. Our collection and use of personal data relating to your account (contact details, billing information, usage data) is described in our Privacy Policy. By using the Service you acknowledge that you have read and understood that policy.
Data Processing Agreement. When you deploy the Chativ widget on your website, Chativ processes personal data of your end users (including chat messages and email addresses) on your behalf. In this context, you are the data controller and Chativ is the data processor within the meaning of Regulation (EU) 2016/679 ("GDPR"). A Data Processing Agreement ("DPA") forms part of these Terms and is available upon request at support@usechativ.com.
Your GDPR Obligations. You are responsible for ensuring that you have a lawful basis for processing end-user personal data through the Service, that your own privacy notices inform end users that an AI-powered chatbot (operated by Chativ) may process their data, and that you comply with all applicable data protection laws with respect to your end users.
International Transfers. The Service uses third-party AI providers (including OpenAI, Anthropic, Google, and DeepSeek) that may process data outside the European Economic Area. Where such transfers occur, Chativ relies on the Standard Contractual Clauses adopted by the European Commission or other appropriate safeguards. Please note that Chativ is monitoring the status of DeepSeek's GDPR compliance following the Dutch Data Protection Authority's (AP) ongoing investigation announced in February 2025; we may discontinue its use pending the outcome of that investigation. Please review our Privacy Policy for current sub-processor information.
No AI Training on Your Data. Chativ does not use Customer Content or end-user conversation data to train, fine-tune, or otherwise improve AI models, whether Chativ's own or those of its AI providers.
11. Confidentiality
Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose it to any third party without prior written consent, except as required by law or to the extent necessary to perform obligations under these Terms. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.
Confidential Information does not include information that is or becomes publicly available through no breach of this clause, is independently developed by the recipient, or is received from a third party without restrictions.
12. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available" without warranty of any kind. Chativ expressly disclaims all warranties, express or implied, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
- Any warranty that the Service will be uninterrupted, error-free, or free of viruses or other harmful components;
- Any warranty that AI-generated responses will be accurate, complete, reliable, or suitable for any particular use;
- Any warranty regarding the results that may be obtained from using the Service.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in full.
13. Limitation of Liability
Exclusion of Consequential Damages. To the maximum extent permitted by applicable law, Chativ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits or revenue, loss of data, loss of business, loss of goodwill, or cost of substitute services — even if Chativ has been advised of the possibility of such damages and regardless of the theory of liability.
Aggregate Cap. Chativ's total aggregate liability to you under or in connection with these Terms — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total fees paid by you to Chativ in the twelve (12) months immediately preceding the event giving rise to the claim, or €100 (one hundred euros) if no fees have been paid.
AI Liability. Without limiting the foregoing, Chativ shall bear no liability whatsoever for any harm, loss, damage, or expense resulting from: (a) inaccurate, incomplete, or misleading responses generated by AI models; (b) your reliance on AI-generated content; or (c) any action or omission of your end users in response to AI-generated content.
Exceptions. Nothing in these Terms limits or excludes liability for death or personal injury caused by Chativ's negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Chativ and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your use or misuse of the Service;
- Customer Content or any content you make available through the Service;
- Your violation of these Terms or any applicable law or regulation;
- Your failure to obtain a lawful basis for processing end-user personal data;
- Any claim by an end user arising from your deployment of the chat widget.
15. Term and Termination
Term. These Terms commence on the date you first accept them and continue for as long as you maintain an account with Chativ.
Termination by You. You may terminate your subscription and close your account at any time as described in Section 6.
Termination by Chativ. Chativ may suspend or terminate your access to the Service immediately and without prior notice if:
- You materially breach these Terms and fail to cure the breach within 14 days of written notice;
- You breach Sections 7 (Acceptable Use) or 9 (AI Disclaimer) in a manner that poses a legal or reputational risk to Chativ;
- You fail to pay applicable fees when due;
- Required to do so by applicable law or regulation;
- Chativ decides to discontinue the Service (with reasonable advance notice where practicable).
Effect of Termination. Upon termination, your right to access the Service ceases immediately. Chativ will retain your data for a period necessary to comply with legal obligations and then delete it in accordance with our Privacy Policy. Sections 8, 9, 11–14, 16, and 17 survive termination.
16. EU AI Act Compliance
The Chativ Service is classified as a "limited-risk AI system" within the meaning of Regulation (EU) 2024/1689 (the "EU AI Act"). As provider of an AI system that interacts with natural persons, Chativ takes the following steps to ensure compliance:
- AI Transparency: The Chativ widget is designed to disclose to end users that they are interacting with an AI system, in accordance with Article 50 of the EU AI Act. You must not remove or suppress this disclosure.
- No Prohibited Use: You may not deploy the Service in ways that constitute prohibited AI practices under Article 5 of the EU AI Act, including subliminal manipulation, exploitation of vulnerable groups, or social scoring.
- Deployer Obligations: Where you deploy Chativ as an AI system deployer within the meaning of the EU AI Act, you acknowledge that certain obligations under the Act may apply to you directly. Chativ will cooperate with you to facilitate your compliance to the extent reasonably practicable.
Chativ will update its practices as mandatory EU AI Act provisions come into full force (with most obligations applying from 2 August 2026) and will communicate material compliance changes in accordance with Section 18.
17. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Any dispute arising from or in connection with these Terms shall first be subject to good-faith negotiation between the parties. If a dispute is not resolved within 30 days of written notice, it shall be submitted to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands.
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
18. Changes to These Terms and the Service
Chativ may update these Terms from time to time. If we make material changes, we will notify you by email and/or by posting a prominent notice in the Service dashboard at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
If you do not agree to material changes, you may terminate your subscription before the effective date and, if applicable, receive a pro-rata refund for the unused portion of your current billing period.
Chativ may also modify, suspend, or discontinue any feature or aspect of the Service at any time. Where we discontinue a material feature, we will provide reasonable advance notice where practicable.
19. General Provisions
Entire Agreement. These Terms, together with the Privacy Policy, any Data Processing Agreement, and any order form or subscription confirmation, constitute the entire agreement between you and Chativ with respect to the Service and supersede all prior agreements and understandings.
Severability. If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force.
Waiver. Chativ's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment. You may not assign or transfer your rights or obligations under these Terms without Chativ's prior written consent. Chativ may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Force Majeure. Neither party shall be liable for delays or failures in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of government, internet or infrastructure outages, or acts of third-party AI providers.
No Third-Party Beneficiaries. These Terms do not create any rights in favour of third parties, including your end users.
Language. These Terms are provided in English. In the event of any conflict between an English version and a translated version, the English version shall prevail.
20. Contact Information
If you have any questions about these Terms, please contact us:
Traqqie B.V. (trading as Chativ)
KVK: 96664606
The Netherlands
Email: support@usechativ.com
For data protection enquiries or to request a Data Processing Agreement, please email support@usechativ.com with the subject line "DPA Request".