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Terms of Service

Last updated: 14 March 2026

These Terms of Service ("Terms") govern your use of the Wittsy AI chatbot service ("Service") provided by Smart Weavers SRL ("Wittsy", "we", "us", "our"). By subscribing to or using the Service, you ("Client", "you", "your") agree to be bound by these Terms.

Please read these Terms carefully before using the Service. If you do not agree, do not use the Service.

1. About Us

Smart Weavers SRL is a Romanian limited liability company.

  • CUI (Tax ID): 36495210
  • Trade Registry: J3/1508/2016
  • Registered in: Romania, European Union
  • Contact: hello@wittsy.co
  • Website: https://wittsy.co

2. Service Description

Wittsy provides an embeddable AI-powered chatbot widget for websites. The Service includes:

  • A JavaScript widget installed on your website via a <script> tag
  • AI-generated responses to your website visitors' questions, powered by third-party large language models and based on a knowledge base ("KB") that you provide or that we create from your website content
  • A web dashboard where you can view conversations and manage settings

Depending on your subscription tier, the Service may also include:

  • Automated lead detection — when visitors express interest and voluntarily share contact details, we capture and forward them to you
  • Analytics and reporting
  • Feedback collection
  • Optional setup assistance (KB creation, widget customisation, quality review)

The specific features available to you depend on your subscription plan, as described on our pricing page at https://wittsy.co/#pricing. We may update feature availability across plans from time to time with 30 days' notice in accordance with Section 17.

The Service is informational only. Wittsy is designed to answer general questions about your business based on the content you provide. It does not provide and must not be used to provide medical, legal, financial, tax, or other regulated professional advice. You are solely responsible for the accuracy and appropriateness of your knowledge base content.

3. Eligibility

The Service is designed for business use (B2B). By subscribing, you confirm that:

  • You are acting in a business capacity (not as a consumer), or you acknowledge that consumer protection rights may apply in your jurisdiction
  • You are at least 18 years old
  • You have the authority to bind your organisation to these Terms
  • The website(s) on which you install the widget are owned or lawfully operated by you

4. Account Terms

  • One account per Client. Each subscription covers the domain(s) registered in your account.
  • Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at hello@wittsy.co if you suspect unauthorised access. We are not liable for any loss arising from unauthorised use of your account where such use results from your failure to safeguard your credentials.
  • Accurate information. You must provide accurate and current business information. We may suspend accounts with clearly false or misleading details.

5. Subscriptions and Pricing

5.1 Plans

Current plans and pricing are published at https://wittsy.co. As of the date of these Terms:

Plan Monthly Fee Messages/month
Free Trial No charge (14 days) 100
Starter €29/month 500
Professional €79/month 2,000
Business €149/month 5,000
Custom/Enterprise By quote Custom

We reserve the right to modify pricing with at least 30 days' written notice. Price changes do not apply to the current billing period.

5.2 Setup Fees

An optional one-time setup fee (€200–€500 depending on scope) may apply for knowledge base creation, widget customisation, and quality assurance. Setup fees are agreed before work begins.

5.3 Billing and Payment

  • Subscriptions are billed monthly in advance.
  • Payments are processed via our payment provider (currently Stripe, Inc.). By subscribing, you also agree to the payment provider's terms of service.
  • All prices are in Euros (€) and exclude VAT and other applicable taxes unless explicitly stated otherwise.
  • You are responsible for providing accurate billing information and ensuring timely payment.

5.4 Tax Treatment

VAT and tax treatment depends on your jurisdiction:

  • EU businesses (outside Romania): EU reverse charge mechanism applies. You self-account for VAT. A valid EU VAT identification number is required.
  • Romanian businesses: Romanian VAT is charged at the applicable standard rate.
  • UK businesses: Outside the EU VAT scope. A standard commercial invoice is issued without VAT.
  • Businesses in other jurisdictions: No EU VAT is charged. You are solely responsible for determining and fulfilling any local tax obligations arising from your purchase of the Service.

It is your responsibility to determine whether your use of the Service is subject to any taxes in your jurisdiction and to remit such taxes to the appropriate authorities. We are not responsible for your tax compliance.

5.5 Message Quotas

Each plan includes a monthly message allowance. A "message" is defined as one visitor question plus one AI-generated response. When your monthly quota is reached:

  • The chatbot widget ceases to respond to new visitor messages for the remainder of the billing period
  • We may count and report missed interactions to you
  • You may upgrade your plan at any time to increase your quota and restore service

Unused messages do not roll over to the next billing period.

5.6 Auto-Renewal

Subscriptions renew automatically at the start of each billing period at the then-current rate. You may cancel at any time before the next renewal date (see Section 10).

5.7 Late or Failed Payments

If a payment fails, we will notify you and provide a reasonable grace period (minimum 7 days) to resolve the issue. If payment is not received within the grace period, we may suspend your account. Repeated payment failures may result in termination.

6. Free Trial

  • The free trial provides limited access to the Service for 14 days or 100 messages, whichever limit is reached first. The features available during the trial period are determined by us and may differ from those available on paid plans.
  • No payment information is required to start a trial.
  • When the trial ends, the chatbot widget stops responding. Your data is retained for 30 days to allow you to upgrade to a paid plan.
  • Free trials are limited to one per business entity. We reserve the right to decline or terminate trials that appear to be duplicative, fraudulent, or abusive.
  • The free trial is provided without any service level commitments.

7. Acceptable Use

You agree NOT to use the Service to:

  • Provide medical, legal, financial, tax, or other regulated professional advice via the chatbot
  • Distribute or store harmful, abusive, defamatory, discriminatory, or illegal content through the knowledge base or widget
  • Attempt to extract, reverse-engineer, decompile, or circumvent the AI system prompt, platform code, or other clients' data
  • Use prompt injection, adversarial inputs, or any technique to manipulate the chatbot into producing content outside its intended function
  • Scrape, crawl, resell, sublicense, or redistribute the Service or its outputs without our prior written consent
  • Generate automated requests or otherwise use the Service in a way that exceeds normal human usage patterns or circumvents rate limits
  • Use the Service on websites that you do not own or have lawful authority to operate
  • Collect personal data from visitors without appropriate legal basis or in violation of applicable data protection laws
  • Violate any applicable law, regulation, or third-party rights

We may suspend or terminate accounts that violate these Terms, with or without prior notice depending on severity. No refund is due for termination resulting from your breach of these Terms.

8. Your Responsibilities

You acknowledge and agree that:

  • Knowledge base quality. You are solely responsible for the accuracy, completeness, legality, and appropriateness of the knowledge base content you provide or approve. The quality and accuracy of chatbot responses depend directly on the quality of your KB.
  • Visitor disclosures. You are responsible for informing your website visitors that an AI chatbot is in use and for maintaining a privacy policy on your website that accurately describes the processing of visitor data through the chatbot. We provide guidance but compliance with applicable privacy laws on your website is your responsibility.
  • Compliance. You are responsible for ensuring that your use of the Service complies with all laws, regulations, and industry standards applicable to your business and jurisdiction, including data protection, consumer protection, and advertising regulations.
  • Monitoring. You should regularly review chatbot conversations via the dashboard to ensure response quality and take corrective action (updating your KB) where needed.
  • Data backup. While we take reasonable measures to protect your data, you are responsible for maintaining your own backups of any content that is critical to your business.

9. Intellectual Property

9.1 Your Content

You retain all rights to your knowledge base content, business data, trademarks, and any materials you provide to us. By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free licence to use, reproduce, and process this content solely for the purpose of providing and improving the Service during the term of your subscription.

9.2 Our Platform

We retain all rights, title, and interest in and to the Wittsy platform, including the widget code, dashboard software, system prompts, algorithms, APIs, documentation, and all associated intellectual property. Your subscription grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for the duration of your subscription, subject to these Terms.

Nothing in these Terms transfers ownership of any intellectual property from either party to the other.

9.3 AI-Generated Content

Responses generated by the chatbot are produced by third-party AI models based on your knowledge base content. We do not claim ownership of AI-generated responses. However, you acknowledge that:

  • AI-generated responses may be similar to responses generated for other clients with similar content
  • We make no representations regarding intellectual property rights in AI-generated content
  • You use AI-generated content at your own risk and are responsible for reviewing its accuracy and suitability

9.4 "Powered by Wittsy" Badge

On plans that include Wittsy branding, the widget displays a "Powered by Wittsy" attribution badge. You agree not to remove, hide, obscure, or modify this badge. Plans that include white-labelling (badge removal) are available at higher tiers.

9.5 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without obligation or compensation to you.

10. Cancellation and Termination

10.1 Cancellation by You

  • You may cancel your subscription at any time by contacting us at hello@wittsy.co or through the dashboard (when self-service cancellation is available).
  • Cancellation takes effect at the end of the current billing period. You retain access to the Service until the end of the period for which you have paid.
  • No partial refunds are issued for unused time within a billing period.

10.2 Termination by Us

We may terminate or suspend your account:

  • Immediately and without notice — for material breaches of these Terms, including but not limited to: acceptable use violations, illegal activity, non-payment after the grace period, or actions that threaten the security or integrity of the Service or other clients' data.
  • With 30 days' written notice — for any other reason, including discontinuation of the Service. In this case, we will refund any prepaid amounts for the unused period following the termination date.

10.3 Effect of Termination

Upon termination or expiry of your subscription:

  • The chatbot widget ceases to function on your website.
  • Your data (conversations, leads, KB content, account data) is retained for 30 days to allow you to request a data export.
  • After the 30-day retention period, all your data is permanently and irreversibly deleted from our active systems. Removal from encrypted backups occurs within a further 60 days.
  • You may request a data export in a structured, machine-readable format (JSON or CSV) at any time during the 30-day retention period by contacting hello@wittsy.co.

10.4 Survival

Sections 8 (Your Responsibilities), 9 (Intellectual Property), 11 (Refunds — to the extent amounts are owed), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16 (Governing Law), and 18 (General) survive termination of these Terms.

11. Refunds

  • Setup fees are non-refundable once work has commenced.
  • Monthly subscription fees are non-refundable. Cancellation prevents future charges but does not entitle you to a refund for the current period.
  • Termination without cause by us: If we terminate your account without cause (i.e., not resulting from your breach), we will refund any prepaid fees for the unused portion of the current billing period on a pro rata basis.
  • EU consumer rights: Although the Service is designed for business use, if mandatory consumer protection laws in your jurisdiction grant you a right of withdrawal, those rights apply to the extent required by law. Digital services where performance has begun with the consumer's prior express consent and acknowledgement of loss of withdrawal rights may be exempt from the right of withdrawal under Article 16(m) of the EU Consumer Rights Directive.

12. Service Availability

  • We use commercially reasonable efforts to maintain 99% monthly uptime for the chatbot widget and dashboard, measured as the percentage of minutes in a calendar month during which the core Service is available.
  • Planned maintenance will be communicated at least 24 hours in advance via email where practicable. Planned maintenance windows are excluded from uptime calculations.
  • The following are excluded from uptime commitments and SLA calculations:
  • Free trial accounts
  • Outages caused by third-party services (including but not limited to Google Gemini API, Cloudflare, payment providers)
  • Force majeure events (see Section 18.5)
  • Issues caused by your equipment, network, or software
  • Issues resulting from your breach of these Terms or acceptable use violations
  • We do not provide a service credit or compensation for downtime. The uptime target is a goal, not a guarantee. See Section 14 for limitation of liability.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components
  • AI-generated chatbot responses will be accurate, complete, reliable, current, or suitable for any particular purpose
  • The Service will meet your specific requirements or expectations
  • Any errors or defects in the Service will be corrected
  • The results obtained from using the Service will be accurate or reliable

AI-generated content carries inherent risks. Responses are generated by third-party large language models and may contain inaccuracies, omissions, or hallucinated information. You acknowledge that AI technology is probabilistic in nature and does not guarantee factual accuracy. You are solely responsible for reviewing and verifying AI-generated responses and for any reliance placed upon them by you or your website visitors.

Third-party services. The Service relies on third-party infrastructure and AI providers. We are not responsible for the performance, availability, accuracy, or policies of third-party services. Changes to third-party services outside our control may affect the Service.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

14.1 Exclusion of Certain Damages

IN NO EVENT SHALL WITTSY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, GOODWILL, OR ANTICIPATED BENEFITS
  • LOSS OF DATA (BEYOND OUR OBLIGATION TO PROVIDE DATA EXPORT UNDER SECTION 10.3)
  • COST OF PROCUREMENT OF SUBSTITUTE SERVICES
  • BUSINESS INTERRUPTION OR LOSS OF USE

WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF STATUTORY DUTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Aggregate Liability Cap

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE LESSER OF:

  • THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
  • €500 (FIVE HUNDRED EUROS)

14.3 Basis of the Bargain

YOU ACKNOWLEDGE THAT THE FEES CHARGED BY WITTSY REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WITTSY WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

14.4 Exceptions

Nothing in these Terms excludes or limits liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be lawfully excluded or limited under applicable law, including mandatory provisions of EU consumer protection law where applicable

14.5 No Liability for Visitor Actions

We are not liable for any actions taken, decisions made, or losses suffered by your website visitors based on AI-generated chatbot responses. You are the Data Controller for your visitors' interactions with the chatbot and bear responsibility for the suitability of the chatbot for your use case.

15. Indemnification

You agree to defend, indemnify, and hold harmless Smart Weavers SRL, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or relating to:

  • Your use of the Service or any activity under your account
  • Your knowledge base content, including any claims that it infringes third-party intellectual property rights, contains defamatory material, or violates applicable law
  • Your breach of these Terms or any applicable law or regulation
  • Your failure to comply with your obligations as a Data Controller, including failure to provide adequate privacy notices to your website visitors
  • Any claim by your website visitors or third parties relating to the chatbot's responses on your website
  • Your failure to pay applicable taxes in your jurisdiction

This indemnification obligation survives termination of these Terms.

16. Governing Law and Disputes

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Romania, without regard to its conflict of laws principles. Where applicable, mandatory provisions of EU law (including GDPR and consumer protection regulations) apply.

16.2 Dispute Resolution

Any dispute arising from or relating to these Terms shall be resolved as follows:

  1. Negotiation. The parties shall first attempt to resolve the dispute amicably through good-faith negotiation for a period of 30 days from written notice of the dispute.
  2. Mediation. If negotiation fails, the parties may agree to submit the dispute to mediation before a mutually agreed mediator.
  3. Courts. If the dispute is not resolved through negotiation or mediation within 60 days, it shall be submitted to the exclusive jurisdiction of the competent courts in Brasov, Romania.

16.3 EU Consumer Rights

If you are located in the EU and qualifying as a consumer under applicable law, nothing in this section restricts your right to bring proceedings in the courts of your country of residence, or to use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

17. Changes to These Terms

  • We may update these Terms from time to time to reflect changes in law, the Service, or our business practices.
  • Material changes (including changes to pricing, liability, data handling, or your obligations) will be communicated to you via email at least 30 days before they take effect.
  • Non-material changes (such as clarifications, formatting, or typographical corrections) may be made without prior notice and take effect upon publication.
  • Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.
  • If you do not agree with material changes, you may cancel your subscription before they take effect (see Section 10). Your sole remedy for disagreeing with changes is to stop using the Service.

18. General

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any Data Processing Agreement between us, constitute the entire agreement between you and Smart Weavers SRL regarding the Service, and supersede all prior agreements, representations, and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

18.3 No Waiver

Our failure or delay in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver of any right or remedy is effective only if given in writing and applies only to the specific instance.

18.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets, provided the assignee assumes all obligations under these Terms.

18.5 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) due to circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, power outages, internet or telecommunications failures, cyberattacks, or failures of third-party service providers. The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact.

18.6 Notices

All notices under these Terms shall be in writing and sent via email. Notices to us shall be sent to hello@wittsy.co. Notices to you shall be sent to the email address associated with your account. Notices are deemed received on the date of transmission if sent on a business day, or on the next business day if sent on a non-business day.

18.7 Third-Party Rights

These Terms do not confer any rights on any third party. No third party may enforce any provision of these Terms.

18.8 Language

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or inconsistency.

19. Contact

For questions about these Terms:

  • Email: hello@wittsy.co
  • Company: Smart Weavers SRL
  • CUI: 36495210
  • Trade Registry: J3/1508/2016
  • Country: Romania, EU