Terms of Service

These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between SiteMind ("SiteMind", "we", "us", or "our") and the individual or entity ("Customer", "you", or "your") accessing or using the SiteMind platform, APIs, embeddable widgets, dashboard, and related services (collectively, the "Service").

By registering for an account, clicking "Get Started", creating a workspace, or embedding our widget on your website, you represent and warrant that you have the legal capacity and authority to bind yourself or the organization you represent to these Terms. If you do not agree to all terms of this Agreement, you must not access or use the Service.

A. 3-Day Free Trial

SiteMind offers a 3-day free trial on new accounts without requiring credit card information. The trial grants access to core features subject to usage limits. Upon trial expiration, continued use of the Service requires upgrading to a paid subscription plan.

B. Subscription Plans & Merchant of Record

SiteMind offers Starter, Growth, Pro, and Enterprise subscription tiers billed on a monthly or annual recurring basis. Payments, tax calculations, and invoicing are securely handled by our Merchant of Record partner, Polar Software Inc. ("Polar.sh"). By subscribing, you authorize Polar.sh and its payment processors to charge your selected payment method on each billing cycle.

C. Automatic Renewal & Cancellation

Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. You may cancel your subscription at any time directly through your Workspace Settings > Billing. Cancellation takes effect at the conclusion of the current prepaid billing period, and your account will not be charged again.

D. Non-Refundable Policy

All fees paid for SiteMind subscription plans and usage add-ons are strictly non-refundable once billed. We do not provide refunds, credits, or pro-rated reimbursements for partial billing periods or unused quotas.

You are responsible for maintaining the confidentiality of your account credentials, API keys, and session tokens. You agree to notify us immediately at [email protected] if you discover or suspect unauthorized access to your account.

You are fully responsible for all activities that occur under your workspace, including actions taken by team members or administrators you invite.

"Customer Content" means all website URLs, HTML text, uploaded files (PDF, DOCX, CSV), FAQs, and third-party cloud data (Google Drive, Notion, Confluence, GitHub, Dropbox) that you connect or submit to SiteMind.

• Ownership & Warranties: You retain full ownership of all your Customer Content. You represent and warrant that you own or have obtained all necessary licenses, permissions, and consents required to allow SiteMind to crawl, index, chunk, embed, and store Customer Content.

• License to SiteMind: You grant SiteMind a non-exclusive, worldwide, royalty-free license to access, crawl, process, reproduce, and vector-index Customer Content solely for the purpose of operating, maintaining, and delivering the Service to you.

• Platform IP: SiteMind and its licensors retain all right, title, and interest in and to the Service, including the user interface, backend architecture, crawler algorithms, widget code, documentation, trademarks, and logos.

• AI Output Ownership: As between you and SiteMind, and to the fullest extent permitted by applicable law, you own all rights, title, and interest in the text answers generated by your AI assistant in response to visitor queries ("AI Output").

SiteMind utilizes advanced Retrieval-Augmented Generation (RAG) designed to ground answers strictly in your connected documentation. However, artificial intelligence models are inherently probabilistic:

• No Guarantee of Perfection: SiteMind does not guarantee that AI-generated responses will be 100% accurate, complete, or suitable for any specific regulatory purpose.

• Customer Verification: You acknowledge that you are solely responsible for verifying the accuracy of your source documentation and monitoring how the assistant represents your business.

• Not Professional Advice: SiteMind is an automated communication tool and is not authorized or designed to provide professional medical, legal, financial, or tax advice.

You agree not to use the Service to:

1. Crawl or index websites without authorization or in violation of third-party terms.

2. Upload or process Protected Health Information (PHI) subject to HIPAA or non-public financial credentials subject to GLBA.

3. Generate, transmit, or distribute malware, phishing schemes, spam, or defamatory/harassing content.

4. Attempt prompt-injection jailbreaks, unauthorized penetration tests, or reverse-engineering of SiteMind algorithms.

Violation of these rules may result in immediate suspension or termination of your account without refund. Review our complete Acceptable Use Policy at /acceptable-use.

Our collection and processing of personal data is governed by our Privacy Policy (https://sitemind.tech/privacy).

To the extent SiteMind processes personal data on your behalf as a Data Processor under European or UK data protection laws, the terms of our Data Processing Agreement ("DPA") located at https://sitemind.tech/dpa are hereby incorporated by reference into these Terms.

• By Customer: You agree to defend, indemnify, and hold harmless SiteMind and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) your Customer Content; (b) your violation of applicable laws; or (c) your breach of this Agreement.

• By SiteMind: SiteMind agrees to defend you against any third-party claim alleging that the underlying SiteMind software infringes a valid patent, copyright, or trademark, and indemnify you against damages awarded by a court of competent jurisdiction, provided you promptly notify us in writing and grant us sole control of the defense.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SITEMIND, ITS AFFILIATES, OFFICERS, DIRECTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, SERVICE INTERRUPTION, OR COMPUTER DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SITEMIND’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100 USD) OR THE TOTAL AMOUNTS PAID BY CUSTOMER TO SITEMIND IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

• Governing Law: These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

• Informal Resolution: Before initiating any formal legal proceeding, you and SiteMind agree to attempt to resolve any dispute informally for at least thirty (30) days by contacting [email protected].

• Binding Arbitration: If a dispute cannot be resolved informally, it shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Class Action Waiver: YOU AND SITEMIND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

This Agreement remains in effect until terminated by either party. You may terminate your account at any time via Workspace Settings.

SiteMind may suspend or terminate your access immediately if: (a) you materially breach these Terms; (b) your payment fails or is charged back; (c) your use poses a security risk to the infrastructure; or (d) required by court order or law enforcement.

• Entire Agreement: These Terms, together with the Privacy Policy, DPA, and Acceptable Use Policy, constitute the entire agreement between you and SiteMind regarding the Service.

• Modifications: We may modify these Terms from time to time. We will provide notice of material updates by posting the revised version with an updated effective date. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

• Contact: Questions regarding these Terms should be directed to [email protected].