Terms of Service

These Terms of Service (the Terms) are a public offer to conclude a contract for the use of Shukai. They are made by the individual entrepreneur named at the end of this page (we, us, the Provider). Shukai is the name under which we provide the service.

You accept these Terms, and a contract between you and us is concluded on them, when you create a Shukai account or pay for a plan, whichever happens first. If you accept them on behalf of a company or another organisation, you confirm that you may bind it, and you means that organisation.

1. Definitions

• Service — Shukai: the assistant widget you install on your website or application, the runtime that answers in it, the owner panel at which you configure it, and the management API.
• Account — your registration in the panel. The person who registers it is the Account holder.
• Your site — every website or application on which you install the widget.
• Visitor — a person who uses the assistant on your site.
• Your content — what you give the Service to work with: pages and files it reads, text you write, the assistant’s settings, and the tools and events you connect.
• Visitor data — what the Service receives from and about Visitors: their messages, voice, the contact details they leave, and the context described in the Privacy Policy.
• Plan — a paid subscription tier listed on the pricing page, with its price, its monthly credits (the unit in which answers are counted) and its limits.

2. Who may use the Service

The Service is for businesses and professionals. You must be at least 18 years old and use the Service for your business, trade or profession, not as a consumer.

3. The Service

3.1. You can create an Account, add your sites, have the Service read your content, configure the assistant and try it in the panel free of charge. To answer Visitors on your site you need an active Plan.

3.2. The assistant answers Visitors from your content and from the tools you connect, by voice or text, in the languages the Service supports, and can perform the actions you allow on your site. The current description of each function is on our website.

3.3. We develop the Service continuously. We may change, add or remove functions. If a change removes a function that a paid Plan includes, we will tell you by email at least 30 days in advance, except where the change is required by law or for security.

3.4. We aim to keep the Service available at all times but do not guarantee uninterrupted operation. We may interrupt it for maintenance; where we can plan this, we do it at times of low use.

4. Answers written by artificial intelligence

4.1. The assistant’s answers are generated automatically by language models from your content. They may be incomplete or wrong, including when your content is correct.

4.2. You decide what the assistant knows, how it presents itself, which actions it may perform, and when the conversation with a Visitor is handed over to a natural person you have designated and given access. You are responsible for that configuration and for checking how the assistant answers on your site. The Service gives you the conversations and analytics to do this.

4.3. The assistant does not give legal, medical, financial or other professional advice on our behalf. Do not configure it to make decisions that have legal or similarly significant effects on Visitors.

5. Your account

5.1. Give us accurate registration details and keep them current.

5.2. Keep your password and your API keys secret. You are responsible for everything done through your Account and keys until you tell us they have been compromised. Tell us at the email at the end of this page as soon as you suspect it.

6. Plans, credits and payment

6.1. Plans, their prices, credits and limits are listed on the pricing page at the moment you choose a Plan (excluding VAT or other similar taxes or charges, where these apply). Prices are in US dollars. Where the law of Ukraine requires the price to be paid in hryvnias, the price is the hryvnia equivalent of the US dollar price above, determined at the official exchange rate of the National Bank of Ukraine at the moment of payment.

6.2. A Plan is paid monthly in advance. The payment is taken through our payment provider by card, and the subscription renews automatically every month, charging the same card, until you cancel it. We do not receive or store your full card details.

6.3. A Plan’s credits are available for the period it was paid for and do not carry over to the next period. Credits you buy separately on top of a Plan carry over while your subscription is active.

6.4. Where we offer a reduced price for the first period (for example, the first month of a Plan for $1), the regular price applies from the second period.

6.5. If you move to a higher Plan, the change takes effect at once and we charge the difference for the rest of the current period. If you move to a lower Plan, the current Plan serves until the end of the paid period and the lower one starts from the next.

6.6. You may cancel your subscription at any time in the panel. The Plan stays active until the end of the period already paid for and is not renewed after it.

6.7. Payments are not refundable, in whole or in part, including for unused credits, a period in which you did not use the Service, a downgrade or a cancellation. We refund a payment only when we failed to provide the Service for that period through our own fault, or when the law requires it.

6.8. When a Plan’s credits run out, the assistant stops answering Visitors until the next period, until you buy more credits or until you move to a higher Plan. We tell you by email when 80% of the credits are used, and again when they run out.

6.9. We may change the prices of Plans. A new price applies to your subscription from the first period that starts at least 30 days after we have told you by email. If you do not agree, cancel before then.

6.10. Prices do not include taxes or bank fees that apply to you; you pay those.

7. Your obligations

7.1. You may give the Service only content you have the right to use, and you are responsible for it.

7.2. On your site you decide why and how Visitor data is collected, and you are responsible for it. You must:

• tell Visitors, in a privacy notice on your site, that an AI assistant answers them, what data it collects, that the widget keeps their conversation in their browser, and that Shukai processes the data for you;
• make it clear to Visitors, before they start talking to the assistant, that they are talking to an AI assistant and not to a person. This is your responsibility. The widget can show an «AI assistant» label above its message field, which you switch on in the panel; it does not appear on the greeting the widget shows while it is closed;
• have a legal basis for the processing and obtain any consent the law requires — including consent to use contact details Visitors leave for marketing — and keep records of it.

Our Data Processing Agreement applies to the Visitor data we process for you.

7.3. You must not use the Service:

• in breach of any law, or to collect data you have no right to collect;
• to deceive people, including by presenting the assistant as a human;
• for spam, malware or attacks on any system, including ours;
• to obtain special categories of personal data (health, beliefs and the like) or data of children without a legal basis and the safeguards the law requires;
• to try to get around the limits of your Plan, to access other customers’ data, or to copy, decompile or resell the Service except as these Terms allow.

7.4. When you connect your own tools (calls to your systems), you are responsible for those systems, the data they return and the credentials you store with us for them.

8. Rights to content and to the Service

8.1. Your content and Visitor data remain yours. You give us the right to store, process and transmit them only as needed to provide the Service to you and as described in the Data Processing Agreement. We do not use them — nor the questions Visitors ask or the answers the assistant gives — to train, fine-tune or evaluate artificial intelligence models.

8.2. The Service, its software, design and the Shukai name belong to us. These Terms give you a non-exclusive, non-transferable right to use the Service for the duration of the contract, and nothing more.

8.3. If you send us suggestions about the Service, we may use them without any obligation to you.

8.4. We may compile statistics from the use of the Service that identify no person — for example, how many conversations took place on a day, in which language and on which page — and use them to run and improve the Service. Such statistics contain no text of a message and no identifier of a Visitor, and are not personal data.

9. Personal data

How we process personal data as a controller — of Account holders, people who visit our website and people who write to us — is described in the Privacy Policy. How we process Visitor data on your behalf is governed by the Data Processing Agreement, which forms part of these Terms.

10. Suspension and termination

10.1. We may suspend your access to the Service, in whole or in part, if you breach section 7, if a payment fails, or if this is necessary to protect the Service, other customers or Visitors. Where possible we will tell you first and give you time to fix the cause.

10.2. You may end the contract at any time by cancelling your subscription and deleting your Account in the panel.

10.3. We may end the contract with 30 days’ notice by email, or at once if you materially breach these Terms. If we end it without a breach on your side, we refund the part of the current period that remains unused.

10.4. When the contract ends, the widget on your site stops answering and we delete your content and Visitor data within the periods set out in the Data Processing Agreement and the Privacy Policy. Before deleting your Account you can export your data in the panel.

11. Warranty

We provide the Service as it is at any given moment. To the extent the law allows, we give no warranty that it will meet your particular purposes, that it will be free of errors, or that the assistant’s answers will be accurate.

12. Liability

12.1. Each party is liable for the damage it causes to the other through breach of these Terms, to the extent set out in this section.

12.2. Our total liability under these Terms for all claims within any 12 months is limited to the amount you paid us for the Service in those 12 months.

12.3. Neither party is liable for lost profits, lost revenue or indirect damage.

12.4. Sections 12.2 and 12.3 do not limit liability for damage caused intentionally or in any other case in which the law does not allow liability to be limited.

12.5. You will compensate us for claims of third parties, including Visitors, that arise from your content, your configuration of the assistant or your breach of section 7.

13. Force majeure

Neither party is liable for failing to perform its obligations when the failure is caused by circumstances beyond its reasonable control, including martial law, hostilities, attacks on energy or communications infrastructure, and outages of the providers on whose services the Service runs. The affected party will tell the other as soon as it can.

14. Changes to these Terms

We may change these Terms. We publish the new version on this page with the date of the change, and tell you by email at least 30 days before a change that reduces your rights takes effect. If you continue to use the Service after that date, you accept the new version; if you do not agree, you may end the contract under section 10.2.

15. Governing law and disputes

15.1. These Terms and the contract concluded on them are governed by the law of Ukraine.

15.2. The parties will first try to settle any dispute by negotiation. A dispute that is not settled within 30 days of a written claim is decided by the courts of Ukraine having jurisdiction at the Provider’s location.

16. Language

These Terms are published in English and Ukrainian. If the versions differ, the English version applies.

17. Notices

We send notices to the email address of your Account. Send notices to us at info@shukai.ai. Our details are below.