Terms of Service

These Terms of Service (“General Conditions” or “Agreement”) govern your use of the software and services (the “Services”) offered by Shiny Shield Global Services Limited, a company registered in Cyprus, with registered office at Dali Industrial Zone, 2546, Nicosia, Cyprus, Europe. Company Registration Number: [HE 459565]. The Services are made available via the website shinybots.com and related subdomains (the “Platform”).

By registering, subscribing, or accessing the Platform and the Services, you (the “Customer”) accept and agree to these General Conditions. The Customer and the Company are hereinafter also referred to individually as a “Party” and jointly as the “Parties.”

These General Conditions include (by reference) the Data Processing Agreement (DPA) and the Privacy Policy. By accepting these General Conditions, the Customer declares to have read and understood those documents and undertakes to comply with them.

1. Definitions

In addition to terms defined elsewhere in this Agreement, the following expressions have the meanings set out below:

  1. End Customers: any natural or legal persons who, by interacting with the Customer’s domains (websites, apps, etc.), engage with chatbots or other tools created using the Services (e.g. clients, users, visitors).

  2. Intellectual Property Rights: all rights relating to inventions, patents, copyright and related rights (including software, source codes, algorithms), trade secrets, designs, trademarks, domain names, and any other industrial or intellectual property rights, whether registered or not.

  3. Customer Domains: domains, websites, web apps, mobile apps, or other digital properties owned or controlled by the Customer, which are integrated with the Services for the purpose of deployment (e.g. chatbot integration).

  4. Software: the proprietary software, modules, components, APIs, tools, and interfaces made available by the Company, by which the Customer may build, deploy or manage chatbots, automations, or related services.

  5. License: the right granted under these General Conditions to use the Software (as per clause 2).

  6. Subscription: the paid plan or tier under which the Customer is authorized to use the Services (e.g. free, basic, pro, enterprise).

2. Object of the Agreement

2.1 Under these General Conditions, in return for payment of the applicable subscription fees, the Company commits to provide the Customer with the following Services in SaaS (Software as a Service) mode:

  • Access to and use of the Software and the Platform under a non-exclusive, non-sublicensable, non-transferable license for the duration of the Agreement.

  • Maintenance, updates, upgrades, and bug fixes to the Software and Platform.

  • Integration support (e.g. embedding or linking the Software with the Customer Domains).

  • Ability for the Customer to configure, train, and customize the Software (e.g. chatbot logic, content, behavior) using their own data.

  • Reporting, analytics, logs, dashboards and metrics relating to the Customer’s usage.

  • Technical support (e.g. helpdesk, email support) within the terms of the subscription.

2.2 Depending on the subscription plan, the Customer may create a limited or unlimited number of chatbots, automations, or instances. Unless otherwise specified, a chatbot instance may only be used on one Customer Domain at a time.

2.3 The Customer acknowledges that the Software may make use of third-party services (e.g. AI / LLM APIs, cloud computing providers) which may access or process Customer data.

2.4 The Customer’s use of the Services is contingent on registration (clause 3) and acceptance of these General Conditions.

3. Registration, Account, Credentials

3.1 To use the Services, the Customer must create an account (“Account”) on the Platform, by providing required information, including name, company name (if applicable), email address, username, and password, and confirming acceptance of the Privacy Policy and these General Conditions.

3.2 Upon registration, the Customer shall keep credentials (username, password) strictly confidential and not disclose them to third parties. The Customer is responsible for all activity under their account.

3.3 The Customer must promptly inform the Company of any unauthorized access, security breach, or suspected misuse of credentials. The Customer shall indemnify the Company against losses arising from failure to safeguard credentials or delay in reporting unauthorized access.

3.4 The Company may suspend or restrict access to the Account if it reasonably suspects breach, misuse, or compromise of credentials.

4. Term, Renewal and Termination

4.1 These General Conditions are effective once accepted by the Customer and remain in force for the initial subscription period (e.g. 12 months or as per the subscription).

4.2 At the end of each subscription period, the Agreement renews automatically for an equivalent period, unless the Customer cancels as per clause 5.3.

4.3 Either Party may terminate the Agreement in the case of a material breach by the other Party, subject to proper notice, if the breach is not remedied within a reasonable cure period.

4.4 Upon termination or expiry:

  • The Customer’s access to the Platform and Services ceases.

  • The Company may permanently delete Customer data after a specified grace period (unless otherwise agreed).

  • All licenses granted under this Agreement revert or expire.

5. Subscription, Billing & Cancellation

5.1 Subscription
5.1.1 To activate the subscription, the Customer must provide valid billing details and payment method.
5.1.2 Unless canceled, the subscription will auto-renew, and the fee will be charged to the provided payment method on the billing date.

5.2 Billing
5.2.1 The subscription fee is charged on the billing date (monthly, annual, or per plan).
5.2.2 If a payment fails for reasons not attributable to the Company, the Company may suspend access to the Services until payment is made.

5.3 Cancellation
5.3.1 Subscription fees are non-refundable.
5.3.2 The Customer may cancel the subscription, but the services will remain active until the end of the current billing period, at which point the account will be closed.
5.3.3 Cancellation must be done via the Customer’s account settings or through written notice, as specified in the Platform.

6. Modification of Terms

6.1 The Company reserves the right to update or modify these General Conditions (including pricing) for reasons including, but not limited to, legal or regulatory changes, technical improvements, operational needs, or introduction of new services.

6.2 The Company will notify Customers in writing (via email or Platform notice) at least 30 days before changes become effective.

6.3 If the Customer does not accept the changes, they may terminate the Agreement within the notice period. If no termination, continued use implies acceptance of modifications.

7. Customer Obligations & Usage Restrictions

7.1 The Customer shall not:

  • attempt to bypass or circumvent technical protections or limitations in the Software/Platform;

  • reverse engineer, decompile, decrypt, disassemble or attempt to derive source code;

  • alter, modify, or tamper with the Software or Platform;

  • create derivative works based on the Software;

  • reproduce or copy the Software or Platform beyond authorized use;

  • sublicense or commercialize the Services or grant access to third parties without the Company’s written authorization.

7.2 The Customer shall use the Services consistent with its subscription limitations and not overload or misuse server or network resources.

7.3 The Customer is solely responsible for all content, data, messages, or material uploaded or transmitted via the Services, including by End Customers, and warrants such use does not infringe third-party rights or laws.

7.4 The Customer shall ensure compliance with applicable laws, including data protection, intellectual property, export controls, and industry-specific regulations.

8. Intellectual Property Rights

8.1 The Company retains all rights, title, and interest in and to the Software, Platform, all underlying code, design, documentation, trademarks, and any customizations or enhancements, unless expressly assigned in writing.

8.2 The Customer’s license to use the Software is limited to what is expressly granted under this Agreement. No other rights, title, or interest are transferred.

8.3 The Customer shall not challenge the Company’s ownership or rights.

9. Termination for Cause and Suspension

9.1 The Company may terminate the Agreement immediately (or suspend access) if the Customer materially breaches these General Conditions, applicable law, or uses the Services for unlawful purposes.

9.2 Upon termination, the Company may seek all remedies permitted by law and equity, including damages.

10. Data Protection & Privacy

10.1 Under this Agreement, the Company is a data processor or controller with respect to certain personal data processed to deliver the Services. The handling and processing are governed by the DPA and the Privacy Policy.

10.2 The Customer remains the data controller concerning data collected via its own systems (including End Customer data). The Customer ensures lawful basis, notices, consents, and rights (e.g. under GDPR) are respected.

10.3 The Company agrees to implement technical and organizational measures to safeguard personal data per applicable law.

11. Force Majeure

11.1 “Force Majeure” means any unforeseeable event beyond the reasonable control of a Party (e.g. natural disasters, pandemics, war, strikes, governmental actions, supply chain disruptions).

11.2 In the event of Force Majeure, the affected Party may suspend or delay performance of the Services or terminate, without liability or obligation to pay damages to the other Party.

12. Limitation of Liability

12.1 The Services are provided “as is.” The Customer acknowledges the evolving nature of the technology.

12.2 The Company’s total liability to the Customer under any claim shall not exceed the fees actually paid by the Customer under this Agreement during the preceding 12 months.

12.3 In no event shall the Company be liable for indirect, incidental, special, consequential, punitive or lost profits, data loss, business interruption, or lost opportunities, even if advised of possibility of such damages.

12.4 The Company is not liable for damages caused by misuse of the Services, unauthorized access, or alteration of content by third parties.

13. Assignment and Transfer

13.1 The Customer may not assign, transfer or delegate any rights, obligations or credits under this Agreement without the prior written consent of the Company.

13.2 The Company may assign or transfer its rights or obligations, wholly or partly, to affiliates or third parties, provided the Customer is not materially disadvantaged.

14. Notices & Communications

14.1 Communications to the Customer (regarding updates, changes, termination etc.) shall be sent to the email address provided during registration. It is the Customer’s responsibility to maintain valid contact details.

14.2 Communications to the Company should be sent to:

  • Email: support@shinyshieldglobal.com

  • Address: Dali Industrial Zone, 2546, Nicosia, Cyprus, Europe

15. Governing Law and Dispute Resolution

15.1 This Agreement is governed by the laws of the Republic of Cyprus (and, where applicable, EU law), excluding its conflict-of-law rules.

15.2 Any dispute arising in connection with or related to this Agreement shall be submitted to the exclusive jurisdiction of the courts of Nicosia, Cyprus.

16. Acceptance of Specific Clauses

By expressly accepting these General Conditions, the Customer acknowledges and accepts the following clauses as “unfair terms” under applicable law and confirms their validity:

  • Clause 2 (Object)

  • Clause 4 (Term, Renewal, Termination)

  • Clause 5 (Subscription, Billing, Cancellation)

  • Clause 6 (Modification of Terms)

  • Clause 7 (Customer Obligations)

  • Clause 8 (Intellectual Property)

  • Clause 9 (Termination for Cause)

  • Clause 12 (Limitation of Liability)

  • Clause 13 (Assignment)

  • Clause 15 (Governing Law & Disputes)

Last Revision Date: 1/10/2025