Please read these Terms of Service carefully. These terms are an agreement between you and KA Digital Labs LLC, a North Carolina limited liability company doing business as SiteMind(“SiteMind,” “we,” “us”). By using SiteMind, you agree to these terms.
1. Acceptance Of Terms
If you use our service, create an account, or install our widget, you accept these terms. If you do not agree, do not use the service.
2. Description Of Service
SiteMind provides an AI chat widget, lead capture tools, marketing tools, analytics, and related owner dashboards. The service is designed for small businesses.
We currently offer a US-first pilot for ordinary business questions and lead capture. Do not use the assistant to give medical, legal, or financial advice, or to collect sensitive records such as health information, biometric data, or financial account details. Deployments that require EU or UK international-transfer safeguards are not currently supported. The Data Processing Agreement explains this restriction and how to contact us before connecting a site if you are unsure.
We may change, add, or remove features over time. We may also set limits on some features to keep the service reliable and simple to run.
3. Billing And Subscriptions
- Our paid plans (Starter and Pro) are billed in advance on a recurring basis through Stripe. You can choose monthly or yearly billing.
- Your subscription renews automatically at the end of each billing period until you cancel.
- You can cancel anytime from your billing settings, which open our secure Stripe billing portal. Cancelling stops future renewals, and your plan stays active until the end of the period you already paid for.
- The free trial does not require a card and does not auto-charge. You are only billed if you choose a paid plan.
- Fees are non-refundable except where required by law.
- We email you before you reach your plan's usage limit so you can upgrade or add capacity.
4. Account Responsibility
- You must give accurate account information.
- You are responsible for keeping your login credentials safe.
- You are responsible for activity that happens under your account.
- You must tell us right away if you think your account was used without permission.
5. Acceptable Use
You may not use the service to:
- Break the law or help anyone else break the law.
- Send spam, malware, or abusive content.
- Impersonate another person or business.
- Try to harm, reverse engineer, or overload the service.
- Collect or use visitor data in a way that violates privacy or marketing laws.
We may suspend or end access if we think you are misusing the service.
When you submit a website for us to read (crawl), you represent and warrant that you own that website or have the legal right and authorization from its owner to have its content crawled and used by SiteMind. Submitting a website you do not own or are not authorized to have crawled is a violation of this section.
6. Widget On Your Website
If you install our widget on your website, you are responsible for the content on your site, the claims you make, and the privacy policy and notices you show to your visitors.
You also decide what data you collect from visitors and how you use it. You must make sure your use of the widget follows the law.
7. Data Processing
For visitor data collected through the widget, the small business owner is the controller and SiteMind acts as a processor or service provider, as applicable. What that means in practice — security, how long we keep data, who helps us, what happens if there is a breach — is set out in our Data Processing Agreement, which forms part of these terms.
You are responsible for having the right legal basis, consent, notices, and choices for the data you collect. We process data only to provide the service and support your account, unless the law says we may do otherwise.
8. Intellectual Property
We own the SiteMind service, software, branding, and related materials. You keep ownership of your own content, website, and account data, subject to the rights you give us to run the service.
You may not copy, resell, or distribute our software or branding except where these terms allow it.
9. Emergency Situations
The SiteMind widget is an informational assistant provided on behalf of a business. It is not a substitute for emergency services and is not monitored by any person in real time. If you are experiencing a medical, mental health, or safety emergency, call 911 immediately. For mental health crisis support, call or text 988.
SiteMind does not guarantee detection of all emergency-related messages and is not liable for any harm arising from reliance on this widget in an emergency situation.
10. No Warranty
The service is provided "as is" and "as available." We do not promise that it will be perfect, always available, or error free. To the fullest extent allowed by law, we disclaim all warranties, express or implied.
11. What The Assistant Says To Your Visitors
The assistant answers using the content of your own website. It is software, and like all software of this kind it will sometimes be incomplete, out of date, or wrong. We do not promise any level of accuracy.
Because the assistant appears on your site and speaks about your business, you are responsible for what it tells your visitors. That means keeping the content it reads accurate and current, checking how it represents you, and correcting or switching it off if it gets something important wrong. The first time a visitor sends a message, we show them a notice saying the chat uses AI and that answers can be wrong. Their acknowledgement is remembered in their own browser for 180 days, so they will not see it again during that period. You agree not to remove, hide, or work around that notice.
If your business needs an answer to be exactly right every time — a price you are bound by, a legal or medical statement, a safety instruction — do not rely on the assistant for it.
12. Covering Each Other’s Costs
If someone brings a claim against us because of the content on your website, because you used the service in a way these terms do not allow, or because of something the assistant said to one of your visitors, you will defend us and cover the reasonable costs and any award or settlement. That does not apply where the claim was caused by us breaking these terms or by our own serious misconduct.
Going the other way: if someone claims our software infringes their copyright, patent, or trademark, we will defend you and cover the reasonable costs and any award or settlement, provided you were using the service as these terms allow.
Whoever is covering the other will run the defence, and will not settle in a way that admits fault or costs the other side money without their agreement. Tell the other side promptly if a claim arrives, and help where asked.
13. Limitation Of Liability
To the fullest extent allowed by law, neither side is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data.
Except for the costs either side agrees to cover under section 12, and for unpaid fees you owe us, the most either side can be required to pay the other, for everything arising out of these terms added together, is the greater of the fees you paid us in the twelve months before the event that caused the claim, or one hundred United States dollars.
That cap does not apply to fraud, to willful misconduct, to death or personal injury caused by negligence, or to anything else the law does not allow us to limit.
Some places do not allow some of these limits. If that applies, the limits will apply only to the extent allowed by law.
14. Termination
You may stop using the service at any time. To cancel a paid plan, open your billing settings (our secure Stripe billing portal); cancelling stops future renewals, and your plan stays active until the end of the period you already paid for.
We may suspend or terminate your access if you break these terms, if we are required to for legal reasons, or if we stop offering the service.
When your account is closed or deleted, we handle your data as described in our Privacy Policy: we keep it for a 30-day recovery window in case you change your mind, then remove it from our live systems. Encrypted backups follow a separate schedule: expiry 30 days after creation, with daily cleanup. Backups can therefore remain after the account recovery window ends. Deletions must be reapplied before a restored backup can return to service, as explained in the Privacy Policy.
Some parts of these terms continue to apply after termination, including the sections on intellectual property, disclaimers, and limitation of liability.
15. Governing Law
These terms are governed by the laws of the State of North Carolina, without regard to conflict of law rules.
16. Changes To These Terms
We may update these terms from time to time. If we do, we will update this page and change the last updated date above. If you keep using the service after changes take effect, you accept the new terms.
17. Contact Us
Questions about these terms go to support@sitemind.bot.
KA Digital Labs LLC
4030 Wake Forest Road, Ste 349, Raleigh, NC 27609, USA