ChatKeeper Terms of Service and End User License Agreement (EULA)

Thank you for using ChatKeeper!

When we say ”company”, “we”, “our”, “us”, ”service” or ”services” in this document, we are referring to Martian Software, Inc.

We may update this policy as needed to comply with relevant regulations and reflect any new practices. Whenever we make a significant change to our policies, we will also announce them on our company blog or social media.

By using ChatKeeper, now or in the future, you are agreeing to the latest Terms of Service and End User License Agreement (collectively, the “Agreement”). There may be times where we do not exercise or enforce any right or provision of the Agreement; in doing so, we are not waiving that right or provision. This Agreement does contain a limitation of our liability.

If you do not agree to these terms, do not use ChatKeeper. Violation of any of the terms below may result in a refusal to extend your software license or use of our services.

Definitions

License Grant

Martian Software, Inc. grants you, whether you are an individual or a company, a non-exclusive, non-transferable license to install and use ChatKeeper in accordance with this Agreement. This license is for individual use (whether personal or commercial) and may be installed on multiple computers, provided that the software is used solely by the licensed individual for their own chat conversations. Each additional user, including employees or agents within a company, requires their own license.

Licenses are issued per individual user and are non-transferable. Sharing a license between multiple users, even within the same company or organization, is not permitted.

License Restrictions

You may not:

Purchasing terms

  1. You may not use our products for any illegal purpose or to violate any laws in your jurisdiction.
  2. You must provide your legal full name and a valid email address in order to complete the purchasing process.
  3. You must provide only accurate and up-to-date information in order to complete the purchasing process.
  4. You must be a human. Automated or bot-driven purchases are not permitted.

Payment, refunds, upgrading and downgrading terms

For our free trial, we explain the length and limitations of the trial when you use the software. We do not ask you for your credit card (or even your name!) and, just like for customers who pay for our services, we do not sell your data. In fact, you don't actually give us any in the first place.

For the full version of ChatKeeper, you need to purchase a license. This license will allow your software to run forever. When the license expires, the only ability removed is the ability to use the full functionality of newer versions of the software that were released after your license expired.

In other words: when you purchase ChatKeeper, you purchase full use forever of any version released before the license expires. Any versions released after your license expires will behave the same as the trial version. You can then purchase a new license to "reset the clock" and gain full functionality forever of newer releases that are released in the next year.

Our payment process is conducted by our payment processor Paddle. Paddle provides customer service inquiries relating to any financial transactions. All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities. Paddle will collect those taxes on behalf of and remit those taxes to taxing authorities. See Paddle’s Terms of Use for details.

All sales are final, and fees paid hereunder are non-refundable.

Corporate Use and Volume Licensing

Companies and organizations are permitted to purchase licenses for their employees or agents. Each user within the company who uses ChatKeeper must have their own individual license. For convenience, companies may purchase multiple licenses through a single transaction.

Each license is assigned to a specific individual, including employees, contractors, or agents of the company. Contractors and third parties working on behalf of the company must also have their own individual licenses.

For bulk purchases or special pricing on a large number of licenses, please contact us to discuss volume licensing options.

Cancellation and termination

ChatKeeper licenses cannot be canceled. This is a natural consequence of our licensing strategy that does not need to contact any servers in order to validate a license. We believe this is in the best interest of our users because, once a license is provided, there is nothing we can do remotely to prevent the software you purchased from running forever.

If you do not wish to use newer versions of ChatKeeper after your license has expired, simply do not renew your license.

Abuse of any kind (verbal, physical, written, or otherwise), including threats of abuse or retribution, against any customer, company employee, or officer may result in a ban from future purchases of any Martian Software products or services.

Content ownership and copyright

You are solely responsible for any content that you provide to ChatKeeper.

We claim no intellectual property rights over the material you provide to the software. All chat conversations remain yours.

You may provide us with feedback, suggestions, and ideas about the service. You agree that we own all rights to use and incorporate the feedback you provide in any way, including in future enhancements and modifications to the service, without payment or attribution to you.

You must not modify another website so as to falsely imply that it is associated with Martian Software, Inc. or with ChatKeeper. The look and feel of the software, Martian Software website, and the Martian Software logo and imagery are copyright © to Martian Software, Inc. All rights reserved.

Privacy and security of your data

We take many measures to protect and secure your data. Most fundamentally, whenever possible, we do not request or accept your data in the first place. If you choose to entrust us with your data (e.g., for support requests), you agree that Martian Software may process your data as described in our privacy policy and for no other purpose.

Each party agrees to handle the other party’s data in accordance with (i) all applicable laws; and (ii) privacy and security measures reasonably adequate to preserve the other party data’s confidentiality and security.

You own all right, title, and interest to your conversation data. We obtain no rights from you to your conversation data. We do not collect or analyze personal information from chat conversations.

We will never collect or store any personally identifiable information except as noted in our privacy policy and we will never abuse your privacy.

We will never sell or share your data to any third-parties except as noted in our privacy policy.

You agree to comply with all applicable laws including all privacy and data protection regulations.

You agree not to send sensitive information to the company where unauthorized disclosure could cause material, severe, or catastrophic harm or impact to the company, any data subjects, or third-parties. Sensitive information includes, but is not limited to, credit card information, passport numbers, government issued identification numbers, financial account information, real time geolocation, and personally identifiable information (PII). PII is information that could be used on its own to directly identify, contact, or precisely locate an individual.

Modifications to the product and prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the product with or without notice. Note that any changes can only be reflected in new versions of ChatKeeper. We do not have the ability to change the behavior of software you already have installed. Nor should we.

Changes to the pricing structure for our products, if they occur, will not affect existing licenses. Any pricing changes will only apply to new licenses or renewals purchased in the future.

Martian Software shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the service.

General conditions

Your use of ChatKeeper is at your sole risk. The software is provided on an “as is” and “as available” basis. We do take the quality and availability of our applications seriously.

We design our products and services with care, based on our own experience and the experiences of customers who share their time and feedback. However, it is not possible to please everybody. We make no guarantees that our products or services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them, but as with any software, our products and services may have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free products or services.

Technical support is provided by email. Email responses are provided on a reasonable effort basis without guaranteed response time.

If you choose to provide us with your data (see above), we as humans can access your data to help you with support requests you make and to maintain and safeguard Martian Software to ensure the security of your data and our products and services as a whole.

We use third party vendors to provide the necessary hardware, storage, payment processing and related technology required to run the Services. You can see a list of all subprocessors here.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that Martian Software shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the products or services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the products or services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party using the product or service; (v) or any other matter relating to these Terms of Service or the products or services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our products or services means you are making a bet on us. If the bet does not work out, that’s on you, not us. We believe that with our pricing, the stakes of this bet are low.

We do our best to make this a safe bet by producing products and services that we would want to use ourselves, and by conducting business in the same way.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability for damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Governing Law and Jurisdiction

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware without giving effect to the conflict of laws principles thereof, and all disputes arising under or relating to this Agreement shall be brought and resolved solely and exclusively in the State Court located in Delaware.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

This Agreement constitutes the entire agreement between you and Martian Software, Inc. regarding the use of ChatKeeper and supersedes any prior agreements between you and Martian Software, Inc. relating to such use.

Changes and questions

We may update this policy as needed to comply with relevant regulations and reflect any new practices. Whenever we make a significant change to our policies, we will also announce them on our company blog or social media.

Contact us if you have any questions, comments, or concerns about this Agreement.

Thank You!

Although this document uses the words "we" and "us" a lot, Martian Software, Inc. is a one-person operation, and that one person (Marty đź‘‹) is grateful that you've chosen to be my customer.

Last updated: September 14, 2024

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