Terms of Service

These Terms of Service ("Terms") govern your use of the service ("Service") offered under the Esphia brand by DOSBLACK LLC (a limited liability company organized in Wyoming, USA; the "Company", "we"). By using the Service, you agree to these Terms.

1. Description of the Service

Esphia provides an AI chat widget that businesses can add to their websites, along with a dashboard for managing appointments, customers, and staff.

2. Account Creation

When you create an account, you agree to provide accurate and current information. You are responsible for the security of your account (keeping your password confidential) and for all activity that occurs under it.

3. Subscription, Billing, and Trial Period

• New accounts start with a 14-day free trial, no credit card required.
• Every plan (Starter/Professional/Business/Enterprise) has the same features; the only difference between them is your monthly AI conversation, staff, and service usage limit.
• Payments are processed through Paddle and billed monthly at the amount shown on the pricing page for your plan.
• If a payment fails, your account remains fully functional for a 7-day grace period; if you don't update your payment method within that window, your account becomes read-only (your existing data stays visible, but you can't add new records).
• You can cancel your subscription at any time; your account stays fully functional through the end of the current billing period (about 30 days), then becomes read-only.
• If you downgrade your plan, your existing data (e.g. staff/service records above the new limit) is kept — you're only restricted from adding new records past the new limit.

4. Acceptable Use

You may not use the Service:

• For any unlawful, deceptive, or unauthorized purpose
• In a way that compromises the security or integrity of the Service (e.g. attempted unauthorized access, overloading)
• To attempt to access another user's data without authorization
• To direct the AI assistant to produce harmful, misleading, or harassing content

5. Customer Data

You are responsible for the customer data (name, contact details, appointment history, etc.) you enter into the Service or collect through your widget. You agree to comply with applicable data protection law (such as GDPR and CCPA) when collecting this data. As described in our Privacy Policy, we act as your data processor for this data.

6. Intellectual Property

The Service itself (the software, design, brand) belongs to us. Any content you enter into the Service (your business information, customer data, etc.) belongs to you; we have a license to use it solely to provide the Service to you.

7. About the AI Assistant

The chat assistant is powered by a large language model (Anthropic Claude). Despite reasonable safeguards (availability checks, confirmation steps), AI responses can occasionally be inaccurate or unexpected. We recommend verifying critical appointment/business decisions from your dashboard.

8. Disclaimer of Warranties

The Service is provided "as is" and "as available." We make no warranty, express or implied, that it will be uninterrupted, error-free, or fit for a particular purpose.

9. Limitation of Liability

To the maximum extent permitted by applicable law, the Company will not be liable for any indirect, incidental, special, or consequential damages. Our total liability is limited to the amount you paid us in the 12 months preceding the event giving rise to the claim.

10. Termination

We may suspend or terminate your account if you violate these Terms. You may also close your account at any time.

11. Governing Law

These Terms are governed by the laws of Wyoming, United States, without regard to conflict-of-law principles.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes through your account or by email.

13. Contact Us

For questions about these Terms: privacy@esphia.com