Last updated: 8 September 2026 · Effective: 8 September 2026
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These Terms of Service (the “Terms”) govern your access to and use of the ChatOpsPro live-chat and AI assistant service (the “Service”) provided by Encore Interactive Inc. (“Encore Interactive”, “we”, “us”, or “our”). Please read them carefully. By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other organization, you represent that you have the authority to bind that entity, and “you” refers to that entity.
You must be at least the age of majority in your jurisdiction and capable of forming a binding contract to use the Service. The Service is intended for business use. If you do not agree to these Terms, do not use the Service.
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription term for your internal business purposes. We may update, enhance, or modify the Service from time to time. We may also establish reasonable usage limits (such as message, storage, or seat limits) according to your subscription plan.
You must provide accurate, current, and complete information and keep it up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use. You are responsible for the acts and omissions of your operators, agents, and other authorized users.
As between you and us, you are responsible for Customer Content and for your use of the Service. In particular, you agree that:
Our handling of personal information is described in our Privacy Policy.
You will not, and will not permit any third party to:
We may investigate and take appropriate action, including removing content and suspending or terminating accounts, for violations of this section.
The Service uses artificial intelligence to generate responses, suggestions, and translations. AI output is generated automatically and may be inaccurate, incomplete, or otherwise unsuitable. You are responsible for configuring your knowledge base and for reviewing automated responses; a human operator can take over any conversation. You should not rely on AI output as a substitute for professional advice.
The Service is not a medical device and does not provide medical, mental-health, legal, or financial advice, and it is not intended for use in emergencies. If you or an End User is experiencing a medical or mental-health emergency, contact your local emergency services. Where you enable a vertical or feature that interacts with sensitive contexts (such as a mental-health directory or crisis guardrail), you remain responsible for ensuring your configuration and use are appropriate and compliant with applicable law.
The Service can connect to third-party platforms and services, including Meta (Facebook Messenger and Instagram), telephony and messaging providers, payment processing, and calendar, email, and spreadsheet integrations. Your use of those platforms through the Service is also subject to those providers’ own terms and policies — for example, the Meta Platform Terms and Developer Policies, and your telephony provider’s messaging requirements (including registration and consent obligations for SMS). We are not responsible for third-party platforms, their availability, or their acts or omissions, and we may add, change, or discontinue integrations.
Our IP. The Service, including all software, models, designs, and content we provide (excluding Customer Content), and all intellectual property rights therein, are owned by Encore Interactive and its licensors. Except for the limited license granted above, we reserve all rights.
Your Content. You retain all rights in Customer Content. You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Content solely as needed to provide and maintain the Service and as permitted by our Privacy Policy and Data Processing Addendum.
Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction.
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that AI output will be accurate. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the monthly subscription fee actually paid by you for the Service for the calendar month in which the event giving rise to the liability occurred.
If you pay for the Service on an annual or other multi-month cycle, the applicable monthly subscription fee is the fee paid for that cycle divided by the number of months it covers. If the event giving rise to the liability spans more than one calendar month, the cap is the monthly subscription fee for a single month — the month in which the event began. Where you pay no subscription fee for the affected month (for example on a free plan or during a trial), our total aggregate liability for that month is CAD $0.
These limitations form an essential basis of the bargain and apply to all claims, whether based in contract, tort, or any other theory. Nothing in these Terms limits liability that cannot be limited or excluded under applicable law.
You will defend, indemnify, and hold harmless Encore Interactive and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) Customer Content, (b) your use of the Service, (c) your violation of these Terms or applicable law, or (d) your violation of the rights of any third party, including your End Users.
These Terms apply while you use the Service. You may cancel at any time as described in Section 5. We may suspend or terminate your access (a) for material breach of these Terms that is not cured within a reasonable period after notice, (b) for non-payment, (c) if required by law, or (d) to protect the Service, other users, or third parties. Upon termination, your right to use the Service ends. We will make Customer Content available for export for a limited period where reasonably practicable, after which we may delete it in accordance with our Privacy Policy and Data Processing Addendum, subject to legal retention requirements. Any pro-rata refund due is handled as described in Section 5. Sections that by their nature should survive termination (including IP, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
Governing law & jurisdiction. These Terms are governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The Province of New Brunswick, Canada is the exclusive jurisdiction and venue for every dispute arising out of or relating to these Terms or the Service, and each party irrevocably attorns to that jurisdiction.
Informal resolution. Before requesting mediation, the parties agree to try to resolve the dispute informally by contacting each other; if the dispute is not resolved within 30 days, either party may request mediation under this Section.
Mandatory mediation. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including its existence, validity, interpretation, performance, breach, or termination, must first be submitted to confidential mediation seated in Saint John, New Brunswick, Canada, before either party commences arbitration or court proceedings. The mediation will be conducted in English before a single mediator agreed by the parties or, failing agreement within 15 days of a written mediation request, appointed under applicable New Brunswick legislation. Each party will participate in good faith, bear its own legal fees, and share the mediator’s fees and administrative costs equally. Anything said, offered, or produced in the mediation is confidential and without prejudice, and is inadmissible in any later proceeding. Limitation periods are suspended while the mediation is under way.
Binding arbitration. If the mediation does not resolve the dispute within 60 days of the written mediation request (or any longer period the parties agree in writing), the dispute will be referred to and finally resolved by confidential binding arbitration. The arbitration will be seated in Saint John, New Brunswick, Canada, conducted in English before a single arbitrator, and administered under applicable Canadian arbitration legislation and recognized arbitration rules agreed by the parties. The mediator will not act as arbitrator unless both parties agree in writing. Judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver. To the maximum extent permitted by law, disputes will be resolved only on an individual basis, and you and Encore Interactive each waive any right to participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding.
Exceptions. Without first mediating, either party may (a) bring an individual claim in small-claims court where eligible, and (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and brought in the courts of the Province of New Brunswick.