1. Agreement and eligibility
By creating an account, accepting an invitation, or using the service, you agree to these Terms, our Privacy Policy, and our Data Processing Addendum where we process personal data for your business. You must be at least 18 and able to enter a binding agreement. If you act for an organisation, you confirm you have authority to bind it.
2. The service
Hello Marky Chat provides tools to configure AI chatbots, manage conversations, knowledge sources, team access, and supported third-party channels. AI output can be incomplete or wrong. You are responsible for reviewing configurations and using human oversight for important decisions. The service is not a substitute for legal, medical, financial, or other professional advice.
3. Your account and team
Keep credentials secure and promptly tell us about unauthorised access. The account owner controls the subscription and chatbots it owns. Team members are included up to the current plan’s limit rather than billed as separate seats, and their activity is attributable to the owner’s account. You are responsible for authorised users and for obtaining any notices or consents needed before submitting personal information or connecting a channel.
4. Your content
You retain ownership of content you submit. You grant us a limited, non-exclusive licence to host, copy, process, transmit and display it only as needed to provide, secure and improve the service and meet legal obligations. You warrant that you have rights to supply it. We do not claim ownership of your brand, customer data or knowledge-base materials.
5. Third-party services
Connections to Meta, Shopify, AI providers, payment providers and other services are also governed by their terms. Their availability and decisions are outside our control. You authorise us to transmit the minimum data needed for a requested integration and must provide appropriate notices and lawful instructions. Optional Shopify Customer sync and private order support are off until you enable them and approve the corresponding Shopify permission; you can disable either feature and request permission revocation independently.
6. Plans, USD billing and renewals
Each paid AI Agent has its own monthly subscription, AI Credit allowance, and team-member limit. Paid plans are billed in USD in advance through Stripe. The checkout page shows the total and any applicable tax before payment. A subscription automatically renews until cancelled, and monthly AI Credits reset at renewal without rolling over.
Paid Agents may purchase one-time extra AI Credits. Monthly credits are used first. Extra credits belong only to the selected Agent, expire 12 months after purchase, and may be used while that Agent has an active paid plan. They do not turn a Free or Manual Agent into a paid Agent.
Credits may be used for successfully delivered AI responses and identified AI processing features such as conversation learning, instruction generation, and knowledge training. Failed operations and operations explicitly shown as not charged do not reduce the balance. The Agent’s Billing tab shows its usage without exposing customer message content.
You may cancel from the selected Agent’s Billing tab by choosing Manage subscription. Cancellation takes effect at the end of the paid period unless the portal states otherwise. The Agent remains paid through that date. Afterwards it uses the user’s Free plan automatically when that designation is available; otherwise it enters Manual mode. The Inbox, data, connected channels and manual replies remain available.
7. Free plan, promotions and service limits
Each verified user may designate one owned AI Agent as their Free Agent. The Free plan includes 50 AI Credits per calendar month and does not include team-member seats. Moving the designation between eligible owned Agents does not reset that month’s usage. Additional Agents require their own paid subscription when created.
A promotion or coupon is governed by the eligibility, value, duration, expiry and other conditions shown with that offer; it cannot be exchanged for cash, combined unless stated, or applied retrospectively. When an Agent’s AI Credit allowance is exhausted or it has neither paid nor Free AI access, AI processing may pause while inbound messages and manual follow-up remain available. We may apply reasonable technical and abuse-prevention limits.
8. Refunds
Our Refund and Cancellation Policy forms part of these Terms. Nothing in these Terms excludes rights that cannot lawfully be excluded, including applicable guarantees under the Australian Consumer Law.
9. Acceptable use
You must follow our Acceptable Use Policy. We may suspend access to protect users, third parties or the service, investigate misuse, comply with law, or address non-payment. Where reasonable, we will give notice and a chance to remedy.
10. Intellectual property
We and our licensors own the service software, design, documentation and branding. These Terms give you a limited, revocable, non-transferable right to use the service during your account term. Feedback may be used without restriction or payment, without identifying you.
11. Availability and changes
We work to provide a reliable service but do not promise uninterrupted or error-free operation. We may change features to improve security, comply with law or evolve the product. If a material change substantially reduces a paid service, we will provide reasonable notice where practical.
12. Liability
To the maximum extent permitted by law, neither party is liable for indirect or consequential loss, lost profit, revenue, goodwill or data. Our aggregate liability arising from the service is limited to fees you paid us in the 12 months before the event giving rise to the claim. These limits do not apply where liability cannot lawfully be limited, or to fraud, wilful misconduct or breach of confidentiality.
13. Termination and data
You may stop using the service and request account deletion. We may terminate for material breach, unlawful use, risk to the platform, or prolonged non-payment. Data handling after termination is described in our Privacy Policy and Data Deletion page. Export information you need before deletion.
14. Governing law
These Terms are governed by the laws of Australia and the Australian state or territory in which our registered office is located. Courts there have non-exclusive jurisdiction. Mandatory consumer rights in your location continue to apply.
15. Contact
Hello Marky Chat
Email: [email protected]