Terms of Service

Last Updated: February 10, 2025

Introduction and Acceptance

This Terms of Service is an agreement between you (“you” or “your”) and Jesse Hernandez, an individual based in New Jersey, USA, who operates the website chatwarden.com (referred to here as “Chatwarden,” “we,” or “us”). By creating an account or using our service, you agree to these Terms of Service as well as our Privacy Policy and Refund Policy (which are incorporated herein by reference). If you do not agree to these terms, you must not use the service.

Description of the Service

Chatwarden provides an automated call analysis and coaching platform. Our service integrates with your phone system to review call recordings and transcripts, then provides feedback and coaching insights. Chatwarden operates on a credits‑based, pay‑as‑you‑go model – there are no subscription fees.

User Accounts and Responsibilities

• Account Creation: You must provide accurate and current information when creating an account, including a valid email address. You are responsible for maintaining the confidentiality of your login credentials.
• Authorized Users: If you allow employees or team members to use Chatwarden under your account, you are responsible for their actions. Ensure they abide by these Terms.
• Your Content and Data: You are solely responsible for any content you upload or provide (including call recordings, transcripts, training materials, etc.), and you must have all necessary rights to share that data with us.
• Eligibility: You must be of legal age and authorized to enter into a binding contract in your jurisdiction to use our services.

Acceptable Use Policy

You agree to use Chatwarden only for lawful purposes. In particular, you must not:

1. Violate any applicable local, state, federal, or international laws, including those related to call recording and privacy.
2. Upload or transmit unlawful, defamatory, harassing, or infringing material.
3. Attempt unauthorized access to any systems or networks associated with the service.
4. Interfere with the integrity, security, or performance of Chatwarden.
5. Transmit viruses, malware, or other harmful code.
6. Misrepresent your identity or engage in fraudulent or illegal activities.

Payment and Credits

Chatwarden operates on a credits‑based model. You purchase Service Credits to access our services. All purchases of credits are final and non‑refundable, except in cases of a verifiable billing error on our part (see our Refund Policy). Credits are not redeemable for cash, have no monetary value, and are non‑transferable. Unused credits expire 12 months after purchase.

Privacy

Your use of Chatwarden is governed by our Privacy Policy, which explains how we collect, use, and protect your information (such as names, emails, call recordings, and transcripts). By using our service, you agree to the terms of our Privacy Policy.

Intellectual Property

Your Content: You retain ownership of any content you upload, and we do not claim ownership over it. You grant us a license to use your content solely for providing the service.

Chatwarden’s Content: All intellectual property in the Chatwarden platform—including software, tools, and materials—is owned by us or our licensors. You may not copy, modify, or distribute our intellectual property without written permission.

Disclaimer of Warranties

CHATWARDEN IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHATWARDEN (OPERATED BY JESSE HERNANDEZ) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR CHATWARDEN CREDITS IN THE 12 MONTHS PRIOR TO THE INCIDENT GIVING RISE TO LIABILITY.

Indemnification

You agree to indemnify and hold harmless Jesse Hernandez (the operator of chatwarden.com) from any claims, damages, or losses arising from your use of the service, violation of these Terms, or infringement of third-party rights.

Termination

We may suspend or terminate your account if we believe you have violated these Terms or any applicable law. Upon termination, your right to use the service will cease, and we may delete your data after any legally required retention period.

Changes to These Terms

We may modify these Terms from time to time. If significant changes are made, we will notify you by email or a service announcement. Your continued use of chatwarden.com after changes become effective constitutes your acceptance of the revised Terms.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New Jersey, USA. All disputes arising from these Terms or your use of chatwarden.com shall be resolved in the small claims court of New Jersey. By using our service, you consent to this venue and waive any right to bring a dispute in any other forum.

Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified or removed to the minimum extent necessary, and the remaining Terms will remain in full effect.

Contact Us

If you have any questions or concerns about these Terms of Service, please contact us via email at [email protected].