Last Updated: (January 5th, 2025)
Effective for all Intuitina users in the United States and worldwide.

These Terms and Conditions (the “Terms”) govern your access to and use of Intuitina’s website, platform, and chatbot services (“Services”).

By accessing or using the Services in any manner, you agree to be bound by these Terms. This includes, but is not limited to, the following actions which signify acceptance:

• Registering for an Intuitina account or clicking an “I Agree” or similar button during signup
• Installing or embedding Intuitina’s chatbot on your website (e.g. via script or Google Tag Manager) or integrating via any API/plugin.
• Using the Intuitina chatbot on any website, WordPress/WooCommerce store, or other platform.

If you do not agree with these Terms, you must not use the Services.

These Terms apply to all users of Intuitina – including individuals, businesses (of any subscription plan), developers, and any other persons or entities accessing the Services.

By accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

If you are under the legal age of majority (typically 18 years old), you may only use Intuitina under the supervision of a parent or legal guardian who agrees to these Terms.

2. Description of Services

Intuitina provides an AI-powered chatbot platform that enables users to deploy conversational assistants on websites and e-commerce platforms for customer support, marketing, and other interactive services.

The Services may include a web-based dashboard, chatbot scripts or plugins for platforms like WordPress/WooCommerce, and integration tools (such as Google Tag Manager support) to embed the Intuitina chatbot into your own site or application.

All features and plans (Starter, Growth, Enterprise, etc.) are covered by these same Terms unless expressly stated otherwise. Intuitina continuously improves its AI capabilities, but please note that responses generated by the AI chatbot may not always be accurate, up-to-date, or complete – you should independently verify important or factual information provided by the chatbot.

The Services are provided “as is” without guarantees of specific results or outcomes (see Section 12 on Warranties).

Intuitina is based in the United States (Colorado), and our Services are designed to comply with U.S. laws and regulations.

3. Accounts and Registration

To use certain Intuitina Services, you may need to create an account. When registering, you agree to provide true, accurate, and complete information and to keep it updated.

You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.

Account Eligibility: You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an Intuitina account If you are registering on behalf of an organization, you must have the authority to do so.

You agree to notify Intuitina immediately of any unauthorized use of your account or security breach.

Intuitina is not liable for any loss or damage arising from your failure to secure your account.

We reserve the right to suspend or terminate accounts that are unverified, inactive, or suspected of being used in violation of these Terms.

4. Subscription Plans, Fees, and Payment

Intuitina offers multiple subscription plans (e.g. Starter, Growth, Enterprise) with different features and usage limits.

Fees: By selecting a paid plan, you agree to pay the subscription fees indicated for that plan. All fees are stated in U.S. dollars unless otherwise specified and are exclusive of taxes (any applicable sales, VAT, or similar taxes are your responsibility).

Paid plans may be billed on a monthly or annual subscription basis as per the plan details you choose.

Auto-Renewal: Subscriptions will automatically renew at the end of each billing cycle (monthly or yearly) unless you cancel before the renewal date.

You authorize Intuitina to charge your provided payment method for each renewal until you cancel.

We will notify you of any changes in pricing or subscription structure by updating our pricing page or via email in advance.

Payment Method: You must provide a valid payment method (e.g. credit card) and keep it current. You represent that you are authorized to use the payment method and you will promptly update payment information before it expires or becomes invalid.

If a payment fails or cannot be processed, Intuitina may suspend or downgrade your account until payment is successfully received.

Intuitina, at its discretion, may also downgrade your plan to a free tier or terminate your subscription if fees remain unpaid.

5. Refund Policy

Intuitina’s refund policy is intentionally liberal to give customers peace of mind. If you are unsatisfied with the Service, you may be eligible for a refund under the following guidelines:

• 30-Day Money-Back Guarantee: For your first purchase of any Intuitina subscription plan, you may cancel within 30 days of the initial purchase and request a full refund of the subscription fee, no questions asked. This applies to both monthly and annual plans.
• Annual Plans: If you have an annual subscription and decide to cancel after the initial 30-day period, Intuitina will provide a prorated refund for any full remaining months of the subscription term that you have not used. For instance, if you cancel with 6 full months left in your annual term, we will refund the unused portion corresponding to those months.
• Monthly Plans: For month-to-month subscriptions, after the 30-day money-back window has passed, refunds for that month’s fee are generally not available. However, your cancellation will stop the next billing cycle, and you will not be charged further. We encourage you to cancel at least a few days before your next billing date to avoid accidental charges.
• Upgrades/Downgrades: If you upgrade your plan, charges for the upgrade will be pro-rated and effective immediately (or as otherwise described at purchase). If you downgrade or cancel, the change will usually take effect from the next billing period, and you will retain access to the higher plan features until the end of the period you paid for.
• How to Request a Refund: To request a refund under this policy, you must contact Intuitina support (via our support email or dashboard contact form) and provide the necessary account details. Refunds will be credited to the original payment method wherever possible.
• Exceptions: Intuitina reserves the right to decline or limit refunds if we detect abuse of this policy (for example, repeated sign-up and refund requests) or if refunds are not permitted by applicable law. Beyond the generous provisions above, refunds are not guaranteed for requests outside the stated conditions. We will, however, review refund requests in good faith and try to accommodate our customers’ concerns whenever reasonable.

This liberal refund policy is provided to build trust and confidence, recognizing that some competitors have more restrictive terms.

Please note: Refunds are generally processed within 10 business days. Any third-party fees (e.g. bank or transfer fees) incurred during refunds may be deducted where permissible.

6. Acceptable Use Policy

When using Intuitina, you agree to use the Services responsibly and for lawful, permitted purposes only.

We have zero tolerance for abuse of our platform. The following is a non-exhaustive list of prohibited uses of Intuitina’s Services (consistent with standard industry practice)

• Unlawful Activities: No illegal purposes or activities. You may not use Intuitina for any purpose that violates any law or regulation, or to solicit the performance of any illegal activity
• This includes compliance with all U.S. export control and trade sanctions laws – you shall not use the Services if you are in a country embargoed by the U.S., if you are on a restricted parties list, or for any use prohibited by export/sanctions laws
• Infringing or Unauthorized Use: You must not use Intuitina in any manner that infringes or misappropriates the intellectual property rights or other rights of Intuitina or any third party
• Do not upload or transmit content through the chatbot that you do not have the right to use.
• Harmful, Harassing, or Offensive Content: You are strictly prohibited from using the Services to harass, threaten, defame, abuse, or discriminate against any individual or group. Hate speech, obscene or pornographic content, and any content that is defamatory or invasive of privacy is not allowed
• Similarly, you may not use Intuitina to impersonate any person or entity or to misrepresent your affiliation
• Malicious Code and Security Violations: You must not introduce viruses, worms, malware, or any other malicious code into the chatbot or Intuitina’s systems
• Any attempt to probe, scan, or test the vulnerability of Intuitina’s infrastructure, to circumvent security features, or to gain unauthorized access to our systems or data is prohibited
• You may not attempt to decipher, decompile, or reverse engineer any part of Intuitina’s software or algorithms
• Interference and Service Integrity: Do not interfere with or disrupt the Services or servers/networks connected to the Services. This includes no spamming or automated misuse – for example, you may not use bots, spiders, or scripts to scrape data or overburden the system with requests outside of Intuitina’s provided API or interface
• Using the chatbot to send unsolicited mass messages, run phishing schemes, or to engage in fraudulent or deceptive practices is strictly forbidden.
• Third-Party Platform Rules: If you integrate or use Intuitina with any third-party platforms (such as by embedding on WordPress, Shopify, WooCommerce, or using Facebook Messenger, etc.), you must adhere to the policies and terms of those platforms
• Intuitina should not be used in ways that would violate another service’s terms of use.
• Other Harmful Activities: Any other activity that Intuitina reasonably deems harmful, offensive, or otherwise objectionable in connection with the use of the Services (even if not explicitly listed here) is prohibited.

Enforcement: Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account or access, at Intuitina’s sole discretion, and may also subject you to legal consequences.

Intuitina reserves the right to monitor use of the Services and to investigate and take appropriate action (including removing or disabling content, and contacting law enforcement if necessary) in response to any suspected violation of this Section.

We may also remove or restrict any content or usage that we determine violates these Terms or is necessary to comply with any law or protect the rights, property, or safety of Intuitina, our users, or the public.

7. User-Provided Content and Data Usage

User Content: In the course of using Intuitina, you (or your end-users) may input or upload content into the chatbot or platform – for example, custom chatbot scripts, knowledge base information, questions and messages, or other data (“User Content”).

You retain ownership of your User Content. Intuitina does not claim ownership of the content or data you provide to our Services.

However, by using the Services, you grant Intuitina a worldwide, royalty-free license to host, use, reproduce, modify, and display your User Content solely for the purposes of operating and improving the Services and as otherwise necessary to provide the chatbot functionality.

This license allows us, for example, to process your questions and generate AI responses, to store your chat transcripts for your later review, and to use your content to troubleshoot or enhance our algorithms.

We will not use your User Content to train or improve any generalized AI models outside of your own usage without permission – Intuitina contractually restricts its third-party AI providers (if any) from using your data for training their services for broad use.

Your Inputs to the AI and the Outputs generated are considered your content; you are solely responsible for ensuring that your provided Input and use of any Output comply with applicable laws and these Terms Responsibility for Content: You represent and warrant that you have all necessary rights to submit or use any User Content with the Services, and that such use does not violate any intellectual property, privacy, or other rights of any third party. Prohibited content (as outlined in Section 6) must not be submitted.

Intuitina is not liable for any content provided by you or other users and does not endorse any user-provided material. We do not routinely monitor user content, but we reserve the right to remove or disable any content that we believe violates these Terms or applicable law. Data Privacy: Any personal information or data that you or your end-users provide to Intuitina is subject to our Privacy Policy, which describes how we collect, use, and protect your data. By using the Services, you acknowledge that you have reviewed our Privacy Policy.

If you integrate Intuitina on your website or platform and collect personal data from end-users (for example, a customer’s name or email via the chatbot), you are responsible for complying with any privacy laws applicable to that data collection.

This may include posting an adequate privacy notice on your site and obtaining any necessary consents from end-users.

You are responsible for notifying your end-users that their data will be processed through Intuitina (the chatbot service), as required by law

Intuitina will process any personal data you provide in accordance with our Privacy Policy and any Data Processing Addendum (DPA) in place (particularly relevant for users subject to GDPR or similar regulations).

If you require a signed DPA for compliance, Intuitina can provide one as needed. End-User Interactions: If you use Intuitina to communicate with your customers or end-users, you bear responsibility for those communications.

For example, if your chatbot is configured to provide advice or handle customer inquiries, you are responsible for the content of those responses (especially if you provided the underlying data or scripts).

Intuitina simply facilitates the conversation based on your configuration and AI processing. You should not rely on Intuitina for any purpose where erroneous or inappropriate responses could result in significant harm without verifying the information (see AI accuracy disclaimer in Section 2 and warranty disclaimers in Section 12).

Feedback: If you submit feedback or suggestions to Intuitina about our Services, we may use your feedback without obligation to you. Such feedback is not considered confidential and may be used to improve our offerings.

8. Third-Party Services and Integrations

Intuitina may provide the ability to integrate or use the Services in conjunction with third-party products, websites, or services (collectively “Third-Party Services”).

Examples include using Intuitina with a WordPress plugin, through a WooCommerce integration, via Google Tag Manager injection, or alongside other third-party AI or e-commerce tools.

Third-Party Terms: When you use a Third-Party Service in connection with Intuitina, the terms and policies of the third party also apply.

For instance, if you use a WordPress plugin for Intuitina, you must comply with WordPress’s own terms; if you connect Intuitina to Facebook Messenger or another platform, you must abide by those platform rules.

Intuitina is not responsible for your compliance with third-party terms, so please review those requirements independently.

No Endorsement or Control: Intuitina does not endorse or assume any responsibility for any Third-Party Services.

Your use of any third-party product (for example, a third-party API or a plugin not developed by Intuitina) is at your own risk.

If a Third-Party Service (like a content management system or an e-commerce platform) imposes limitations or changes that affect the functionality of the Intuitina integration, Intuitina will not be liable for those impacts. However, we will make reasonable efforts to maintain compatibility and inform users of known integration issues.

Google Tag Manager and Script Embeds: If you deploy Intuitina via Google Tag Manager or by embedding our script on your site, you agree to implement the provided code snippet exactly as instructed.

You may not modify, disassemble, or obscure our script beyond what is allowed in our documentation.

The script is owned by Intuitina and licensed to you for the sole purpose of using the chatbot on your own website.

Any such integration code must be removed from your site if your right to use the Services is terminated.

Data Flow with Integrations: Please note that when Intuitina is used on your site, data (like chat messages from your visitors) will be transmitted to Intuitina’s servers for processing, and responses will be sent back to your site.

Ensure that using our integration is permissible under your own site’s privacy policy and that end-users are aware their data is being processed by an external service (Intuitina) as part of providing the chatbot functionality.

Third-Party Links: The website or chatbot interface may occasionally contain links to third-party websites or resources.

These links are provided for convenience only. Intuitina is not responsible for the content, products, or services on third-party sites, and accessing them is at your own discretion. Different terms and privacy policies may apply to any third-party content or services.

9. Intellectual Property Rights

Intuitina’s IP: All rights, title, and interest in and to the Intuitina Services (including but not limited to the software, algorithms, chatbot framework, design elements, logos, trademarks, website content, and compiled data) are and will remain the exclusive property of Intuitina and its licensors. The Services are protected by copyright, trade secret, trademark, and other intellectual property laws.

Intuitina content and technology (such as our code, architecture, and any provided templates or documentation) are proprietary.

For example, all text, graphics, design, code, and other content we provide as part of the Services are owned by Intuitina and protected by intellectual property rights.

You are granted a limited, revocable, non-exclusive, non-transferable license to use Intuitina’s platform and embed our chatbot on your site for your own business or personal use in accordance with these Terms.

You may not copy, distribute, sell, or create derivative works from any part of Intuitina’s provided content or software except as authorized in writing by us.

You may use Intuitina’s name and marks only as needed to truthfully identify or describe the Service (for example, you may use “Intuitina” to indicate compatibility on your site), and not in any false or misleading manner.

Any rights not expressly granted to you in these Terms are reserved by Intuitina. Your IP: You retain ownership of all intellectual property rights in the content you provide to Intuitina (as described in Section 7 on User Content).

Intuitina does not claim ownership over your trademarks, logos, or other IP. If you choose to share or publish any output from the chatbot or any content from your use of the Services, ensure you have rights to do so (particularly if the content includes third-party material).

By using the Services, you grant Intuitina the rights to use your content as outlined in Section 7, including the license to operate the Service for you.

This license also extends to trusted third-party providers we work with as part of delivering the Service (for example, cloud hosting or AI processing partners), subject to the restrictions noted (such as not using your data for their own purposes).

Feedback: As noted, any suggestions or feedback you provide about Intuitina are entirely voluntary, and Intuitina is free to use, disclose, or implement such feedback without any obligation to you. If you believe that Intuitina or any user of Intuitina is infringing your intellectual property rights (e.g., copyright or trademark), please notify us via the contact information in Section 17 with details of the alleged infringement.

We have policies in place (including the possibility of removing content or terminating accounts) for repeat infringers in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

10. Termination and Suspension

Termination by You: You may cancel your Intuitina account or subscription at any time if you no longer wish to use the Services.

You can do this through your account dashboard or by contacting Intuitina support.

If you cancel a paid subscription, the cancellation will take effect at the end of your current billing period (unless you are eligible for an earlier refund under our refund policy in Section 5).

After cancellation or downgrade, you will lose access to features that require a paid plan once the current paid term expires.

Termination or Suspension by Intuitina: Intuitina reserves the right to suspend or terminate your access to the Services (or any portion thereof) at any time, with or without cause, and with or without notice.

For example, we may terminate or suspend your account immediately if: (a) you breach any provision of these Terms (or act in a manner that clearly shows you do not intend to or are unable to comply with the Terms); (b) we are required to do so by law (e.g., due to unlawful conduct by you or a court or regulator’s order); or (c) we elect to discontinue the Services entirely.

We may also suspend your account for non-payment of fees or for violations of the Acceptable Use Policy (Section 6). In most cases (except serious violations), we will attempt to notify you and work with you to resolve the issue prior to termination.

Effect of Termination: Upon any termination of these Terms or your account, your right to use the Services will immediately cease.

You should download or export any important data or content from your account prior to cancellation. After termination, Intuitina may delete or erase your account data (including User Content and chat histories) from our systems in accordance with our data retention policies and as permitted by law.

Intuitina is not required to maintain your data or forward it to you after termination, except to the extent required by law or a separate data portability agreement. However, we may retain certain transactional or account information for legal compliance or internal record-keeping. If your account is terminated due to a breach of these Terms or unlawful conduct, Intuitina reserves the right to refuse re-registration or future use of the Services by you (under the same or a different account name).

Survival: The provisions of these Terms that by their nature should survive termination (such as limitations of liability, indemnification, dispute resolution, and intellectual property provisions) will remain in effect after your relationship with Intuitina ends.

No Early Termination Fees: Unless expressly agreed otherwise in writing, either party (you or Intuitina) may terminate this Agreement at any time, and aside from any refund rights described in Section 5, neither party will be liable for early termination fees. If Intuitina discontinues the Services in entirety, we will provide a pro-rata refund for any prepaid fees beyond the termination date.

11. Disclaimer of Warranties

Use at Your Own Risk: Intuitina provides its Services “as is” and “as available,” without any warranties of any kind, express or implied.

To the fullest extent permitted by law, Intuitina disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not guarantee that the Services will meet your specific requirements, achieve any particular results, or operate uninterrupted, secure, or error-free. No Guarantee of Accuracy or Outcomes: Intuitina makes no representations or warranties regarding the accuracy, quality, or reliability of any results or information obtained through the Services.

This includes any responses or outputs from the Intuitina AI chatbot. While we strive for high-quality and relevant answers, you acknowledge that AI-generated content can be incorrect or misleading (see Section 2) and you use any information from the Service at your own discretion and risk.

Intuitina does not warrant that any content (including User Content or third-party content) will be secure or not lost or altered.

Technical Disclaimer: Intuitina does not warrant that the Services will be completely free of viruses or other harmful components, though we take reasonable measures to secure our platform. Any material downloaded or otherwise obtained through the use of the Services is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results.

We also do not warrant that any errors or defects in the Services will be corrected on any particular timeline. No Other Warranties: No advice or information (whether oral or written) obtained from Intuitina or through the Services shall create any warranty not expressly stated in these Terms.

Intuitina also disclaims any responsibility for acts or omissions of third parties that may affect the Services (such as outages in third-party APIs, internet backbone issues, etc.).

In particular, if you connect Intuitina with third-party systems, we make no warranty as to the continued compatibility or operation of those integrations – any downtime or issues resulting from third-party service failures are excluded from our service commitments (e.g., such third-party-caused downtime may not count towards any uptime guarantee).

If your jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply to you – in such case, Intuitina’s warranties are limited to the minimum extent permitted by applicable law.

12. Limitation of Liability

Indirect Damages: To the fullest extent permitted by law, Intuitina and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any indirect, incidental, special, consequential, or exemplary damages arising out of or in any way connected with the use of or inability to use the Services

This includes, without limitation, damages for lost profits, lost revenue, lost savings or business opportunities, loss of data, business interruption, or any other intangible losses, even if Intuitina has been advised of the possibility of such damages

Direct Damages Cap: To the extent that liability cannot be disclaimed completely, **Intuitina’s aggregate liability to you for all claims arising out of or related to the Services or these Terms will not exceed the amount you paid Intuitina in subscription fees in the 12 months preceding the event giving rise to the liability, or $100 USD, whichever is greater (or such lesser amount as may be mandated by applicable law).

This limitation applies whether the claims are based in contract, tort (including negligence), strict liability, or any other legal theory.

Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be limited by law.

Because some jurisdictions do not allow the exclusion of incidental or consequential damages, the above limitations may not apply to you in their entirety.

In such cases, Intuitina’s liability will be limited to the fullest extent permitted by applicable law.

These limitations of liability are a fundamental part of the agreement between you and Intuitina and shall apply even if any limited remedy fails of its essential purpose.

Release: You agree to release, to the extent permitted by law, Intuitina and its affiliates from any and all liability connected with any claims and damages arising from your use of the Services or from any user-provided content or actions of third parties (including other users of the Services).

13. Indemnification

You agree to indemnify, defend, and hold harmless Intuitina and its officers, directors, employees, agents, affiliates, and licensors (the “Indemnified Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”), including reasonable attorneys’ fees, arising out of or related to: (a) your use of the Services, including any content you submit or chats you conduct; (b) your violation of these Terms or of any law or regulation; (c) your infringement of any intellectual property or other right of any third party through the use of our Services; or (d) any fraud, gross negligence, or will ful misconduct by you. This indemnification includes, for example, Claims alleging that your chatbot content infringes someone’s copyright, or that you violated a privacy law by misuse of data, or that through Intuitina you defamed someone. You also agree to indemnify the Indemnified Parties for any Claims arising from the use of automated means or bots in violation of our terms (for instance, if you deployed a rogue script that overloads our system).

Intuitina reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

In that case, you agree to cooperate with Intuitina’s defense of such Claim and you shall not settle any such Claim without Intuitina’s prior written consent. Your indemnification obligation will survive any termination of these Terms and your use of the Services.

14. Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflict of law principles.

However, we recognize that as a worldwide service, mandatory consumer protection laws of your country of residence may apply for certain consumer users – these Terms are not intended to override any such rights if applicable.

15. Dispute Resolution and Arbitration

Informal Resolution: In the event of any dispute or claim arising out of or relating to these Terms or the Services, you agree to first contact Intuitina at our support email or mailing address to attempt an informal resolution. We will do the same.

Both you and Intuitina shall use good faith efforts to resolve the dispute informally. Binding Arbitration: If we cannot resolve a dispute informally within 30 days, you and Intuitina agree that all disputes and claims (except those exempted below) will be resolved through binding individual arbitration, rather than in court, to the fullest extent permitted by law.

This means: (1) you are waiving your right to a trial by jury and (2) you are waiving any right to bring claims as a plaintiff or class member in any class or representative action.

Instead, disputes will be resolved by a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act.

Arbitration Procedure: The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or Consumer Arbitration Rules, if applicable).

The seat of arbitration shall be in the United States, in a location mutually agreed to by you and Intuitina (if you and Intuitina cannot agree, then in the State of Colorado).

The language of arbitration shall be English. Arbitration Fees and Awards: Each party is responsible for its own attorneys’ fees, but the arbitrator may award fees and costs to the prevailing party where provided by law.

The arbitrator may award any relief that a court of competent jurisdiction could award, including individual injunctive relief, but may not award relief to anyone who is not a party to the arbitration.

Opt-Out Right: You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to Intuitina within 30 days of first accepting these Terms.

The notice must include your name, address, and account email (if applicable), and an unequivocal statement that you wish to opt out of the arbitration agreement. If you opt out, you will not be bound by the arbitration or class action waiver provisions in this Section; however, all other Terms will continue to apply.

Exceptions: The agreement to arbitrate does not apply to: (i) individual claims brought in small claims court, so long as the matter remains in such court and on an individual (non-class) basis; and (ii) claims seeking injunctive or equitable relief for alleged unlawful use of intellectual property, confidential information, or to prevent irreparable harm (this means either you or Intuitina may seek such relief in court to protect intellectual property or enforce confidentiality, without going to arbitration first).

30-Day Right to Reject Changes: If Intuitina makes any future change to this arbitration clause (other than a change to Intuitina’s address for notice), you have the right to reject the change by sending us written notice within 30 days of the change.

Rejecting a new change will not affect the prior agreement to arbitrate or any earlier arbitration agreements you entered with Intuitina.

If any portion of this arbitration provision is found unenforceable, the remainder will still be enforced (except as provided in the Class Action Waiver below).

Class Action Waiver: To the maximum extent permitted by law, you and Intuitina 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.

Further, unless both you and Intuitina agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

If this class action waiver is deemed unenforceable, then the entirety of the arbitration agreement shall be null and void, and the dispute must be brought in court (with class action waiver still applying to the extent permitted).

Jurisdiction for Non-Arbitrable Claims: In the unlikely event that a dispute is found not subject to arbitration (either because you opted out or a court finds the arbitration agreement unenforceable in whole or in part), you and Intuitina agree that any litigation shall be brought in the state or federal courts located in the State of Colorado, and you consent to the jurisdiction of and venue in such courts. You also agree to waive any defense based on inconvenient forum or lack of personal jurisdiction in such courts.

16. Changes to Terms

Intuitina reserves the right to modify or update these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website and/or via an email to the address associated with your account. Any changes will become effective upon the earlier of posting to our site or distribution to you.

Continued use of the Services after the effective date of an update will constitute your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services before the changes take effect and, if applicable, cancel your subscription.

We encourage you to review these Terms periodically for any changes. (For reference, the “Last Updated” date at the top indicates the last revision.)

17. Miscellaneous

Entire Agreement: These Terms (along with any referenced documents like the Privacy Policy or Data Processing Addendum) constitute the entire agreement between you and Intuitina regarding the Services, and supersede all prior agreements or understandings (whether written or oral) relating to the same subject matter.

No oral or written information or advice given by Intuitina or its representatives shall create any additional Intuitina warranties or obligations beyond those expressly stated in these Terms.

No Waiver: If Intuitina fails to enforce any provision of these Terms, it will not be considered a waiver of our rights.

Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Intuitina.

Severability: If any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

No Agency: Your use of the Services does not create a joint venture, partnership, employment, or agency relationship between you and Intuitina.

Neither party has the authority to bind the other or act on the other’s behalf in any respect.

You are using Intuitina as an independent entity, and nothing in these Terms shall be construed to suggest otherwise.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without Intuitina’s prior written consent.

Intuitina may freely assign these Terms (in whole or in part) as part of a merger, acquisition, sale of assets, or by operation of law or otherwise.

These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Third-Party Beneficiaries: There are no third-party beneficiaries to these Terms. These Terms are for the benefit of you and Intuitina only.

Force Majeure: Intuitina will not be liable for any failure or delay in performance of its obligations (other than payment obligations) if such failure or delay is caused by circumstances beyond Intuitina’s reasonable control, including but not limited to acts of God, war, terrorism, civil disturbance, strikes or labor disputes, Internet or telecommunications failures, power outages, or governmental actions.

Notices: Intuitina may provide notices or communications to you via email, via the Intuitina dashboard, or by posting on our website.

You consent to receive electronic communications from Intuitina for all purposes. For contractual purposes, you (a) consent to receive communications from us in electronic form and (b) agree that all terms and conditions, agreements, notices, documents, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing.

If you need to give legal notice to Intuitina, you must do so in writing to our mailing address provided below (with a copy via email for expediency, though email alone is not sufficient for legal notice).

18. Contact Information

If you have any questions about these Terms, or need to contact Intuitina for any reason, please reach out to us at:

• Intuitina Support Email: [email protected].
• Mailing Address: Pulse Software Solutions LLC (Attn: Legal Department), 2590 Welton Street, Ste 200, Denver, Colorado 80205.

We will do our best to respond to inquiries in a timely manner. Your feedback and questions about the Services are always welcome.

By using Intuitina’s Services, you acknowledge that you have read and understood these Terms and agree to be legally bound by them. Thank you for choosing Intuitina to power your chatbot experience!