Terms and Conditions

1. Introduction

Welcome to Undercom ("we", "our", "us"). These Terms and Conditions ("Terms") govern your use of our website [undercom.ai], software, services, and any related products or features (together, the “Services”). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

Undercom provides self-hosted, white-label software to agencies. Unless explicitly stated otherwise, Undercom does not operate or host your deployed chatbot instances or your end-user chatbot data. Agencies (and/or their clients) are responsible for their deployment, configuration, security, compliance, and any end-user notices when using or reselling the platform.

2. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations.

• You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
• You must not use the Services for any illegal or unauthorised purpose.
• You must not attempt to gain unauthorised access to any portion of the Services.

3. Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.

• You are responsible for safeguarding your password and for all activities that occur under your account.
• You must notify us immediately if you become aware of any unauthorised use of your account.

4. Intellectual Property

All content, trademarks, logos, and intellectual property displayed on the Services are the property of Undercom or their respective owners. Except where expressly permitted, you must not use our trademarks or branding without prior written consent.

If you purchase or are granted access to the Undercom software source code or related deliverables, your rights to use, modify, deploy, white-label, and resell (where permitted) are governed by the agency licence terms provided at purchase/access approval.

5. User Content

You may be able to submit, upload, or otherwise make available content through the Services (for example: configuration inputs, knowledge sources, website content, prompts, or other materials) (“User Content”).

You retain ownership of your User Content. To the extent Undercom processes any User Content, you grant Undercom a limited licence to use it solely to provide and improve the Services, perform support you request, and meet legal obligations. Where the platform is deployed in a self-hosted environment, User Content is processed and stored within infrastructure controlled by you (or your client), and Undercom does not access it by default.

• You are responsible for ensuring that you have the necessary rights to provide User Content and to use it in connection with the Services.
• Undercom may remove or restrict content on Undercom-operated properties (e.g. our website) if it violates these Terms or applicable law.

6. Termination

We may terminate or suspend your access to Undercom-operated Services (such as our website, portals, or any Undercom-hosted environments) immediately, without prior notice or liability, for any reason, including if you breach the Terms.

• Upon termination, your right to access Undercom-operated Services may cease immediately.
• All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Limitation of Liability

To the fullest extent permitted by law, Undercom shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the Services. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Undercom, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of and access to the Services.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
• Your deployment, configuration, or operation of the platform in your (or your client’s) infrastructure, including end-user claims relating to your chatbot deployment.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

10. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

11. Contact Us

If you have any questions about these Terms, please contact us:

Email: info@undercom.ai

12. Data Usage and Privacy

Our Privacy Policy describes how we handle information collected by Undercom through our website and direct communications. Where Undercom acts as a data processor for agency customers, processing is governed by our Data Processing Agreement (DPA).

13. AI and Chatbot Disclaimers

Undercom’s chatbot functionality is powered by artificial intelligence designed to assist and provide information based on configured knowledge sources. While we strive for accuracy, AI outputs may be incorrect, incomplete, or outdated. Undercom does not guarantee the accuracy, completeness, or usefulness of any information provided by AI outputs and is not liable for decisions made based on such outputs. You are responsible for validating outputs for any critical use cases.

14. Acceptable Use Policy

You agree not to use the Services for any unlawful or prohibited activities, including but not limited to:

• Engaging in harassment, hate speech, or abusive behavior.
• Attempting to manipulate or disrupt the software’s functionality.
• Sharing or transmitting malicious content, such as viruses or malware.
• Using the Services to infringe upon the rights of others.

15. Feedback and Improvement

We welcome and encourage you to provide feedback, suggestions, and ideas. By submitting feedback, you grant Undercom the right to use, reproduce, and distribute such feedback for any purpose without compensation to you.

16. Third-Party Integrations and Services

The platform may integrate with third-party services and APIs to enhance functionality. These integrations are subject to the respective terms and privacy policies of those third parties. Undercom is not responsible for the content, privacy practices, or actions of any third-party services you choose to integrate.

17. Payment Terms

Undercom may offer access to the platform via a one-time licence fee (agency access) or other offer terms communicated at the point of purchase or access approval. Where payment is required, you agree to provide accurate and complete billing information. Payments may be processed through a third-party payment provider, and you authorise charges to your chosen payment method in accordance with the offer terms.

18. Refund Policy

Where stated in the offer terms, Undercom provides a 14-day money-back guarantee. To request a refund, contact info@undercom.ai with relevant details. Refunds are otherwise handled as required by law or as agreed in writing.

19. Dispute Resolution

If a dispute arises out of or relates to these Terms or the Services, the parties will attempt in good faith to resolve it informally first. If the dispute cannot be resolved, the courts of England and Wales shall have exclusive jurisdiction, subject to any mandatory consumer rights that apply.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render these Terms unenforceable or invalid as a whole. Such provisions will be modified to the minimum extent necessary to make them enforceable, and the remaining provisions will remain in effect.

21. Usage Limits and Throttling

Usage limits, rate limiting, or throttling may apply to Undercom-operated properties (such as our website, documentation, or any hosted demo environments) to protect availability and prevent abuse. Self-hosted deployments are operated within your own infrastructure and are not subject to Undercom throttling.

22. Bot Output Quality Disclaimer

AI output quality depends on the configuration and the quality of the information provided (for example, website content and knowledge sources). Undercom does not guarantee that AI outputs are error-free or suitable for any particular purpose. You should verify any critical information independently.

23. Force Majeure

Undercom shall not be liable for any failure to perform its obligations under these Terms if such failure is due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or governmental actions.

24. Data Security and Breach Notification

You are responsible for securing your self-hosted deployment, including hosting configuration, access controls, and data handling. Undercom takes reasonable measures to secure Undercom-operated systems (such as our website and any hosted portals). In the event of a security incident affecting personal information within Undercom-operated systems, we will notify affected parties in accordance with applicable laws and regulations.

25. Modification or Termination of Services

Undercom reserves the right to modify, suspend, or discontinue all or part of Undercom-operated Services, with or without notice. We will use reasonable efforts to provide notice of any material changes, but you acknowledge that access to Undercom-operated Services may be interrupted from time to time.

26. Export Controls and International Use

You agree to comply with all applicable export control laws and regulations. Users accessing the Services from outside the United Kingdom do so at their own risk and are responsible for compliance with local laws.

27. Compliance with Specific Regulations

Undercom is committed to complying with applicable data protection laws (such as UK GDPR). You are responsible for ensuring your own compliance when deploying and operating the platform, including providing end-user notices and establishing a lawful basis for processing.

28. Demo / Evaluation Access

Undercom may provide demo materials or evaluation access from time to time. Any demo or evaluation access is provided “as is” and may be modified, limited, or withdrawn at any time. Unless expressly agreed in writing, evaluation access does not create a subscription, and does not include ongoing updates or support beyond what is stated in the offer terms.