These Terms & Conditions (“Terms”) govern your access to and use of the Tinyhelpr website, dashboard, and services (the “Service”), including the Tinyhelpr AI chatbot, lead capture, ticketing, inbox features, knowledge base, webhooks, and related functionality. By creating an account, embedding the widget, or using the Service, you agree to these Terms.
1. Provider and Contact
- Provider: Tinyhelpr
- Location: Michigan, United States
- Support Email: Jmac4789@msn.com
2. Definitions
- “Customer” means the person or entity that creates an account and uses Tinyhelpr.
- “End Users” means visitors and users of a Customer’s website who interact with the embedded chatbot/widget.
- “Customer Content” means any text, files, documents, FAQs, knowledge base items, images, instructions, and other content submitted by Customer to configure or train the Service, as well as configuration settings.
- “Subscription” means a paid (or trial) plan that renews periodically.
3. Eligibility and Account Security
You must be at least 18 years of age and able to enter into a legally binding agreement to use the Service. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate information and keep it updated.
4. The Service
Tinyhelpr is designed to help Customers respond faster to inquiries by providing AI-assisted chat on websites, capturing contact details when configured, and escalating complex requests into structured support flows such as tickets. Features and limits depend on your chosen plan and configuration.
5. Plans, Billing Cycle, and Plan Limits
Tinyhelpr offers multiple plans that are billed in 30-day periods and include different limits and feature availability as shown on the Pricing page. At the time of writing, the Pricing page lists the following plan examples:
- Starter: $3.00 / 30 days (e.g., 1 embed domain, 200 monthly messages, 100 chat sessions, limited knowledge base).
- Basic: $19.00 / 30 days and includes a 14-day free trial (e.g., 1 embed domain, 1000 monthly messages, ticket limits).
- Pro: $39.00 / 30 days (includes items like “Hide Credit Text Enabled” plus higher limits).
- Ultimate: $79.00 / 30 days (includes items like “Custom API Key Enabled,” unlimited ticket limits, and priority support).
Plan limits may include embed domain limits, message limits, chat session limits, AI memory limits, and ticket limits. Tinyhelpr may enforce plan limits via technical measures (e.g., throttling or blocking additional usage) to protect the Service and ensure fair use.
6. Free Trial
If your plan includes a free trial (currently indicated for the Basic plan), you may use the Service during the trial period subject to the plan’s rules and limits. Trial and conversion details are shown during checkout. If you do not want to continue after the trial, you must cancel before the trial ends.
7. Fees, Taxes, and Payments
You agree to pay the fees associated with your Subscription as displayed at checkout and on the Pricing page. The Customer is responsible for all applicable state and local sales or use taxes depending on your location and applicable US law. Payments are processed through third-party payment providers (e.g., PayPal, Stripe). You authorize Tinyhelpr and its payment processors to charge your selected payment method. If a payment fails or is reversed, Tinyhelpr may suspend or limit access until payment is resolved.
8. Cancellation, Plan Changes, and Renewals
You can cancel your Subscription at any time via your online account dashboard settings or by contacting Jmac4789@msn.com. Cancellations stop future renewals, and access continues until the end of the current paid 30-day period. You may upgrade or downgrade your plan. If you downgrade, limits and features may reduce immediately or at the next renewal, and some functionality or data may become unavailable.
9. Fees and Refund Policy
All fees and payments associated with your Subscription are strictly non-refundable. Tinyhelpr does not provide refunds, pro-rated credits, or cash returns for partial subscription periods, unused message/chat volume, or immediate plan downgrades. If you cancel your Subscription, your access will continue through the end of your current 30-day billing cycle, and you will not be charged again.
10. Customer Content and Permissions
You retain ownership of your Customer Content. You grant Tinyhelpr a worldwide, non-exclusive license to host, process, copy, and use Customer Content solely to provide, maintain, secure, and improve the Service for you. You represent and warrant that you have all necessary rights to submit Customer Content and that its use in the Service does not violate law or third-party rights.
11. End User Data and Your Obligations
If you embed Tinyhelpr on your website and collect End User data (including but not limited to contact details, chat histories, or support tickets), you acknowledge that you act as the "Business" or "Data Controller" and Tinyhelpr acts as a "Service Provider" or "Data Processor" under applicable US state and federal privacy laws.
- Tinyhelpr’s Obligations: Tinyhelpr will only collect, retain, use, disclose, and process End User data on your behalf, solely to provide, maintain, and secure the Service as permitted under these Terms. Tinyhelpr will not "sell" or "share" End User data (as defined under US state privacy laws, including the California Consumer Privacy Act) or use End User data for cross-context behavioral advertising.
- Customer’s Obligations: You are solely responsible for complying with all applicable privacy laws. This includes providing appropriate and conspicuous privacy notices to your End Users and obtaining any legally required consents before collecting their data through the Tinyhelpr widget.
12. AI Outputs and Accuracy Disclaimer
Tinyhelpr uses automated systems to generate responses based on Customer Content and conversation context. AI-generated outputs may be inaccurate, incomplete, misleading, or inappropriate in some situations. You are responsible for monitoring the bot’s behavior and ensuring it is appropriate for your use case. Tinyhelpr does not provide professional advice (legal, medical, financial, or otherwise), and the Service is not a substitute for qualified professionals.
13. Acceptable Use
You agree not to misuse the Service. This includes not using the Service to break the law, send malware, attempt unauthorized access, harass others, collect sensitive personal data unlawfully, or attempt to reverse engineer the Service. Tinyhelpr may suspend or terminate accounts involved in prohibited activities.
14. Third-Party Services and Integrations
The Service may support integrations (including webhooks) that send data to destinations you configure. You are responsible for your integrations and for complying with the third-party terms of those tools. Tinyhelpr is not responsible for third-party outages or data handling outside Tinyhelpr.
15. Intellectual Property
Tinyhelpr and its licensors own all rights, title, and interest in the Service, including software, branding, designs, and documentation, excluding Customer Content. Subject to these Terms, you receive a limited, non-exclusive, non-transferable license to use the Service during your Subscription. You may not copy, modify, distribute, sell, lease, or sublicense the Service except as explicitly allowed by Tinyhelpr.
16. Confidentiality
Each party may receive confidential information from the other. You agree to protect Tinyhelpr’s confidential information and use it only to use the Service. Tinyhelpr agrees to protect Customer confidential information with reasonable care. Confidentiality obligations do not apply to information that becomes public without breach, is independently developed, or is lawfully received without restriction.
17. Availability, Changes, and Updates
Tinyhelpr aims to provide reliable service, but does not guarantee uninterrupted availability. Maintenance, updates, and outages may occur. Tinyhelpr may change features, limits, and plans from time to time. Current plan details are published on the Pricing page.
18. Termination
You may stop using the Service at any time. Tinyhelpr may suspend or terminate your access if you materially breach these Terms, if payments are overdue, if required by law, or to prevent harm to the Service or others. Upon termination, your license to use the Service ends. Sections meant to survive termination (including IP, disclaimers, limitation of liability, indemnification, and dispute resolution) shall remain in effect.
19. DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING THE TINYHELPR AI CHATBOT, WIDGETS, AND ALL ASSOCIATED FEATURES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TINYHELPR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TINYHELPR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR COMPLETELY FREE OF HARMFUL COMPONENTS. ACCURACY OF AI-GENERATED OUTPUTS IS NOT GUARANTEED, AND YOU USE SUCH OUTPUTS SOLELY AT YOUR OWN RISK.
20. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TINYHELPR, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS), ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, OR OTHERWISE), EVEN IF TINYHELPR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL TINYHELPR’S AGGREGATE LIABILITY FOR ALL CLAIMS EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100.00) OR THE TOTAL AMOUNT PAID BY YOU TO TINYHELPR FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.
21. INDEMNIFICATION
You agree to indemnify and hold Tinyhelpr harmless from claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your Customer Content, your implementation and use of the Service, your interactions with End Users, or your violation of these Terms or applicable law.
22. DISPUTE RESOLUTION; MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS ARE RESOLVED.
- 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 Michigan, United States, without regard to its conflict of law principles.
- Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding, individual arbitration rather than in court. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Oakland County, Michigan, unless otherwise agreed.
- Class Action Waiver: YOU AND TINYHELPR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
- Jury Trial Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.