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Legal

Hibira Live Chat Terms of Service

Draft, not yet reviewed by a lawyer. The English version prevails over translations. Effective date: set at the public launch.

These Terms are an agreement between you and Hibira, the trade name of an individual business operator (sole trader) based in Taiwan ("Hibira", "we"; the operator's name is given without delay on request), for use of Hibira Live Chat: the chat widget you place on your websites and apps, the agent inbox, the customer portal, the API and the chat.hibira.io website (the "Service"). You accept them for the business that owns the workspace ("you"), and you confirm you may bind it. The Hibira realtime service on hibira.io has its own terms; these Terms cover only Live Chat.

1. Workspaces and agents

  1. A workspace is opened by signing in with a business email address. Its first user is the owner. You must be at least 18, or the age of majority where you live.
  2. The Service is for businesses talking with their own customers and website visitors. It is not offered to consumers for personal or household purposes.
  3. You decide who joins your workspace as an agent or admin, and you are responsible for what they do in it. Remove people who should no longer have access.
  4. If you sign agents in with single sign-on (JWT, OIDC or SAML), your identity provider decides who may sign in. Keep its keys and secrets safe; anyone holding them can sign in as your agents. Tell us at security@hibira.io without delay if you suspect unauthorized access.

2. The Service

  1. Visitors to your websites and apps send messages through the widget, and your agents answer them in the inbox. We store conversations, attachments and visitor details for you so your team can read and continue them, for the history period of your plan.
  2. Optional features may read conversation content automatically to do what you turn them on for: AI replies and suggested answers from the knowledge base you provide, search, spam and abuse filters, and translation. They run only for your workspace and only while turned on.
  3. We may change or improve features. We give at least 30 days' notice before removing a feature that paid plans depend on.
  4. We may suspend all or part of the Service for scheduled maintenance announced at status.hibira.io at least 72 hours ahead, and without notice for emergency maintenance, to respond to a security incident, or when a hosting or network provider we rely on fails.

3. Secrecy of communications

  1. Conversations between your visitors and your agents are confidential communications. We do not read, use or disclose their content, or the fact that a given person talked with you, except:
    • automatically, to deliver, store, search and back them up, and to run the features you turned on (section 2.2);
    • to block spam, malware and abuse of the Service with automated filters, and to investigate a specific report of abuse or a security incident;
    • when you or your agent ask us to look at a conversation to help you;
    • where the law requires it, for example a court order. Unless the law forbids it, we tell you first.
  2. Our staff and contractors who may access conversations in these cases are bound to keep them secret, also after they stop working for us.
  3. AI replies do not use your conversations to train models for anyone else. Your knowledge base and conversations are used only to answer in your workspace.

4. Plans, limits and fees

  1. Each plan sets agent seats, conversations a month, AI replies a month, history period and features, as listed on the pricing page at chat.hibira.io. Monthly allowances reset on the 1st of each month at 00:00 UTC.
  2. When conversations reach the monthly limit, the widget switches to offline messages: visitors can still leave a message and email address, and your agents can still answer existing conversations. When AI replies reach their limit, new questions go to your agents. Limits are a normal part of the Service, not an outage.
  3. Our order process is conducted by our online reseller Creem. Creem is the Merchant of Record for all our orders: it sells you paid plans and add-ons, takes payment, issues receipts and invoices, collects sales tax, VAT or GST where it applies, and processes refunds, under Creem's terms, which apply to your purchase alongside these Terms. Paid plans are billed in advance, monthly or yearly as you choose, in US dollars. The total you pay is shown before you pay. We provide the Service itself and remain responsible to you for it.
  4. Subscriptions renew automatically until cancelled. You can cancel in the portal at any time; cancellation takes effect at the end of the paid period.
  5. You may ask for a full refund of your workspace's first payment for a monthly or yearly plan within 14 days of that payment, by emailing support@hibira.io. The workspace then moves to the Free plan. This refund is offered once per workspace and does not cover Enterprise agreements. Otherwise fees are non-refundable except where the law requires otherwise or where we end the Service without cause (section 10.3).
  6. If a payment fails, we keep your paid plan for a grace period of up to 7 days while Creem retries. If it still fails, the workspace moves to the Free plan. Agents above the Free seats are suspended, not deleted, and conversations older than the Free history period are deleted 30 days later unless you pay again.
  7. We may change prices with at least 30 days' notice. A change applies from your next billing period after the notice.
  8. Enterprise plans follow the order form you sign, which prevails over these Terms where they conflict.

5. Your obligations towards visitors

  1. You are responsible for your visitors' conversations and the data you collect through the widget. You must have a lawful basis for it and tell your visitors, in your own privacy notice, that the chat on your site is provided by Hibira on your behalf, that conversations are stored, and, if you turn on AI replies, that answers may be generated automatically.
  2. If you identify signed-in visitors to the widget (visitor identity), you must sign their details with the secret from the portal on your server, never in the page.
  3. Do not ask visitors to send card numbers, passwords, government ID numbers, health data or other special categories of data through the chat unless you have assessed the risk and your agreement with us allows it.
  4. If you use the Service to send messages to visitors who did not start a conversation, you must follow the law on unsolicited messages.

6. Acceptable use

You must not use the Service to:

  • send unlawful, infringing, fraudulent, deceptive, harassing or sexually exploitative content, or malware;
  • impersonate another business, or collect credentials or payment details under false pretences;
  • send unsolicited bulk messages;
  • probe, overload or attack the Service or other customers, or get around limits, for example by spreading one business across several free workspaces;
  • resell the Service as a standalone chat product without a written agreement;
  • run systems where a failure could cause death, injury or serious environmental damage;
  • break export control or sanctions laws.

Report abuse to abuse@hibira.io. We may suspend a widget or workspace that breaks this section or puts the Service at risk. Unless the risk is urgent, we tell you first and give you a chance to fix it.

7. Your content and data

  1. You keep all rights in your conversations, attachments, knowledge base, visitor details and other data in your workspace ("Customer Data"). You give us the rights needed to run the Service for you.
  2. Where we process personal data in Customer Data on your behalf, the Live Chat Data Processing Agreement applies and forms part of these Terms.
  3. Our own handling of your account and billing data and of chat.hibira.io visitors' data is described in the Live Chat Privacy Policy.
  4. You can export conversations from the portal while your workspace is open.

8. AI replies

  1. AI replies are generated from the knowledge base and instructions you provide. They can be wrong. You decide whether to turn them on, what sources they use and when they hand over to an agent, and you are responsible for answers given in your name.
  2. Do not rely on AI replies for legal, medical, financial or safety-critical advice.

9. Warranties and liability

  1. Apart from what these Terms expressly say, the Service is provided "as is" and we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows.
  2. Neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, even if told they were possible.
  3. Each party's total liability under these Terms is limited to the fees you paid us for the Service in the 12 months before the claim, or USD 100 if you are on the Free plan.
  4. These limits do not apply to your payment obligations, your breach of section 5 or 6, either party's fraud, wilful misconduct or gross negligence, or liability that the law does not allow to be limited.

10. Term and termination

  1. The owner can delete the workspace at any time in the portal or by emailing support@hibira.io.
  2. We may suspend or end your workspace if you materially breach these Terms and do not fix it within 14 days of notice, or at once for non-payment after the grace period or serious breach of section 6.
  3. We may end the Service for convenience with 90 days' notice and refund any prepaid fees for the period after termination.
  4. If you delete the workspace yourself, it is deleted at once, so export your data first. If we end it, you can export your data for 30 days. In both cases we then delete remaining data as the DPA describes.
  5. Each party confirms that neither it nor its officers or controlling shareholders are, or will become, organized crime groups or their members or other anti-social forces (反社会的勢力), and that it will not deal with them or use them. Either party may end these Terms at once if the other breaks this, and owes no compensation for doing so.

11. Indemnity

You will defend us against third-party claims, including claims by your visitors, arising from Customer Data, answers given in your name, or your breach of section 5 or 6, and pay resulting damages and reasonable costs, if we tell you promptly and let you control the defence.

12. Changes to these Terms

We may change these Terms where the change is in your general interest, or where it is reasonable in light of the purpose of these Terms, the need for the change, the fairness of the new content and other circumstances. Before a change takes effect we publish the new Terms, what changes and the effective date on chat.hibira.io. For material changes we also email workspace owners and show a notice in the portal at least 30 days before that date. If you do not agree, you may cancel before the change takes effect.

13. General

  1. Governing law: the laws of Taiwan (Republic of China). The Taiwan Taipei District Court has exclusive jurisdiction in the first instance, except that either party may seek urgent relief anywhere. Mandatory consumer or data protection rights in your country are not affected.
  2. Neither party is liable for delays caused by events beyond its reasonable control.
  3. You may not assign these Terms without our consent, except to a successor of your business. We may assign them to a successor of the Service or to a company we set up or control to run it, after telling you; you agree to such a transfer in advance.
  4. If a provision is unenforceable, the rest stays in force. Not enforcing a right is not a waiver.
  5. These Terms, the Live Chat Privacy Policy, the Live Chat DPA and any order form are the whole agreement for the Service. The English version controls over translations.
  6. Notices to us: legal@hibira.io. Our address and phone number are given without delay on request.