1. Introduction & Acceptance

Welcome to N8.Chat. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "Merchant", "you", or "your") and Stefan Mueller e.U., operating as N8.Chat ("Company", "we", "us", or "our"), governing your access to and use of the N8.Chat chat widget plugin, services, and website (collectively, the "Service").

By accessing, installing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, "you" and "your" shall refer to such entity.

2. Definitions

"Service" means the N8.Chat chat widget software, including the Shopify Theme App Extension, WordPress plugin, and all related services.
"Merchant" means a business owner or operator who installs and uses the N8.Chat widget on their website or store.
"End Customer" means visitors or customers of a Merchant's website who interact with the chat widget.
"Webhook" means the merchant's n8n workflow endpoint that receives and processes chat messages.
"Content" means any text, images, data, or other materials transmitted through the Service.
"Platform" means Shopify, WordPress, or other e-commerce/website platforms supported by N8.Chat.

3. Service Description

N8.Chat provides a chat widget that enables real-time communication between Merchants and their End Customers. The Service includes:

Chat widget installation for Shopify (Theme App Extension) and WordPress
Customizable appearance, colors, and messaging
Integration with n8n workflow automation platform
Context data collection (product, cart, page information)
Privacy Mode for GDPR-compliant operation
Multi-language support (20+ languages)
Optional features: voice input, file uploads, proactive triggers

Architecture:

Chat messages are sent directly from the widget to your n8n webhook endpoint. N8.Chat does NOT store, process, or have access to chat message contents. The Merchant is solely responsible for their n8n workflow and any AI responses generated.

4. What We Do NOT Provide

To avoid misunderstanding, N8.Chat explicitly does NOT provide:

AI or chatbot responses: Responses are generated by your own n8n workflow and AI models.
Message storage or processing: We do not store, read, or process chat conversations.
Customer support on your behalf: We provide the tool; you provide the support.
Hosting for n8n workflows: You must provide your own n8n instance.
Legal advice: We provide tools, not legal or compliance advice.

Important Disclaimer:

The Merchant is solely responsible for: (a) the accuracy, legality, and appropriateness of AI responses generated by their n8n workflow; (b) compliance with consumer protection laws; (c) obtaining necessary consents from End Customers; and (d) any claims or liabilities arising from chatbot responses.

5. Eligibility & Account

To use the Service, you must:

Be at least 18 years old
Have a valid Shopify store or WordPress website (as applicable)
Have the legal authority to enter into this Agreement
Provide accurate, current, and complete registration information
Maintain the security of your account credentials

You are responsible for all activities under your account. You must immediately notify us of any unauthorized access or security breach at support@n8.chat.

We reserve the right to suspend or terminate accounts that violate these Terms or for any reason at our sole discretion.

6. Merchant Obligations

As a Merchant using N8.Chat, you agree to:

Privacy Compliance: Maintain an appropriate privacy policy on your website that discloses your use of chat widgets and data collection practices.
AI Response Responsibility: Take full responsibility for any AI-generated responses from your n8n workflow, including ensuring they are accurate, non-deceptive, and compliant with applicable laws.
Data Protection: Comply with GDPR, CCPA, and other applicable data protection laws for your customers' data.
Consumer Protection: Ensure your chatbot does not make false claims, misleading statements, or engage in deceptive practices.
Webhook Security: Secure your n8n webhook endpoint and protect any data processed through it.
Platform Terms: Comply with Shopify's, WordPress's, and other applicable platform terms of service.

7. Acceptable Use Policy

You agree NOT to use the Service to:

Violate any applicable laws, regulations, or third-party rights
Transmit illegal, harmful, threatening, abusive, defamatory, or objectionable content
Engage in fraud, deception, or misleading practices
Distribute malware, viruses, or other harmful code
Interfere with or disrupt the Service, servers, or networks
Attempt unauthorized access to our systems or other users' accounts
Reverse engineer, decompile, or disassemble the Service
Remove or modify proprietary notices, labels, or marks
Use the Service for spam or unsolicited communications
Resell, redistribute, or sublicense the Service without authorization
Use the Service for illegal gambling, adult content, weapons, or controlled substances
Impersonate any person or entity, or falsely claim affiliation

Violation of this policy may result in immediate termination, suspension, and potential legal action.

8. Intellectual Property

Our Ownership

The Service, including all software, designs, logos, trademarks, and content created by N8.Chat, is owned by Stefan Mueller e.U. and protected by international copyright, trademark, patent, and other intellectual property laws.

Your License

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your subscription period.

Your Content

You retain ownership of your content, including your branding, product information, and customer data. By using the Service, you grant us a limited license to display your branding within the widget as configured by you.

9. Payment Terms (WordPress)

The following pricing applies to the WordPress plugin:

Plan	Price	Billing	Sites	Trial
Single Site	$49 USD	Annual	1 site	None
Multi-Site	$99 USD	Annual	Up to 5 sites	None

Payment: All payments are processed via Stripe. Payments are due at the time of purchase.
Renewal: Licenses auto-renew annually. You will receive a reminder email before renewal.
Refunds: We offer a 14-day money-back guarantee for first-time purchases. Refunds are not available for renewals or after the 14-day period.
License Key: Upon purchase, you will receive a license key via email. Keep it secure.

10. Payment Terms (Shopify)

The following pricing applies to the Shopify app:

Plan	Price	Billing	Trial
Basic	$19 USD	Monthly	7-day free trial
Pro	$49 USD	Monthly	7-day free trial

Billing: Billing is handled through Shopify's billing system. Charges appear on your Shopify invoice.
Free Trial: All Shopify plans include a 7-day free trial. You will not be charged during the trial period.
Cancellation: Cancel anytime through your Shopify admin. Access continues until end of billing period.
Refunds: Refunds are subject to Shopify's refund policies. Contact support@n8.chat for assistance.

11. Service Availability

We strive to provide reliable service, but we do not guarantee 100% uptime. The Service may be temporarily unavailable due to:

Scheduled maintenance (with reasonable notice)
Unscheduled maintenance or emergency repairs
Third-party service outages (Shopify, Supabase, etc.)
Internet connectivity issues
Force majeure events

No SLA:

N8.Chat does not provide a Service Level Agreement (SLA) or uptime guarantees. The Service is provided on an "as available" basis.

12. Third-Party Services

The Service integrates with and relies upon third-party platforms. We are NOT responsible for:

Availability, performance, or policies of Shopify, WordPress, or other platforms
Changes to third-party APIs, terms, or pricing that affect our Service
Data handling practices of your n8n workflow or AI models
Actions of payment processors (Stripe, Shopify Billing)
Supabase infrastructure availability

Disclaimer: N8.Chat is not affiliated with, endorsed by, or sponsored by n8n GmbH, Shopify Inc., Automattic (WordPress), or any other third-party service provider unless explicitly stated.

13. Disclaimers & Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE.
WE ARE NOT RESPONSIBLE FOR ANY AI-GENERATED RESPONSES, RECOMMENDATIONS, OR CONTENT PRODUCED BY YOUR N8N WORKFLOW.
WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USING THE SERVICE.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL N8.CHAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).
THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TOTAL LIABILITY CAP:

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).

Some jurisdictions do not allow limitations on liability, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless N8.Chat, Stefan Mueller e.U., and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use or misuse of the Service
Your violation of these Terms
Your violation of any applicable laws or regulations
Your infringement of any third-party rights (intellectual property, privacy, etc.)
Any AI-generated content or responses from your n8n workflow
Any claims by your End Customers or third parties
Your Content or any content transmitted through the Service
Any data breach or security incident caused by your negligence

16. Termination

Termination by You

You may terminate your account at any time by: (a) uninstalling the app from Shopify, (b) deactivating the WordPress plugin, or (c) contacting support@n8.chat. Termination is effective at the end of your current billing period.

Termination by Us

We may suspend or terminate your access immediately, without prior notice, for: (a) violation of these Terms, (b) non-payment of fees, (c) fraudulent or illegal activity, (d) extended inactivity, or (e) at our sole discretion for any operational or business reason.

Effect of Termination

Your right to use the Service will immediately cease
We will delete your account data within 30 days (except as required for legal compliance)
You remain liable for any outstanding fees or obligations
No refunds will be provided for partial billing periods
Sections that should survive termination will remain in effect (including Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution)

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

For EU consumers: Nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence.

18. Dispute Resolution & Arbitration

IMPORTANT: BINDING ARBITRATION AGREEMENT

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

18.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@n8.chat to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

18.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be finally settled by binding arbitration in accordance with the Rules of Arbitration of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber.

Seat of Arbitration: Vienna, Austria
Language: English
Number of Arbitrators: One (1) arbitrator
Applicable Law: Austrian law

18.3 Small Claims Exception

Notwithstanding the above, either party may seek relief in a small claims court for disputes within the court's jurisdiction, provided the matter remains in small claims court and is not removed or appealed to a different court.

18.4 Injunctive Relief Exception

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

18.5 Arbitration Costs

Each party shall bear its own costs of arbitration, including legal fees. The arbitrator shall determine the allocation of arbitration fees and expenses.

19. Class Action Waiver

IMPORTANT: CLASS ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

YOU AND N8.CHAT AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST N8.CHAT.
IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT SHALL BE NULL AND VOID, BUT THE REMAINDER OF THESE TERMS SHALL REMAIN IN EFFECT.

EU Consumers: This class action waiver does not apply to the extent prohibited by applicable consumer protection laws in your country of residence.

20. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and N8.Chat regarding the Service.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, government actions, labor disputes, or infrastructure failures.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service with at least 30 days' notice. Your continued use after the effective date constitutes acceptance of the updated Terms.

Language

These Terms are written in English. In case of any conflict between the English version and any translation, the English version shall prevail.

21. Contact Information

If you have questions about these Terms, please contact us:

Contact Details

General: hello@n8.chat

Support: support@n8.chat

Legal: legal@n8.chat

Website: https://n8.chat

Terms of Service

IMPORTANT: PLEASE READ CAREFULLY

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