Runchat Terms of Use

Last Updated: January 2025

1. Acceptance of Terms

Welcome to Runchat. These Terms of Use ("Terms") govern your access to and use of the Runchat mobile application (the "App") and any related services provided by Runchat Pty Ltd ("we," "us," or "our"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on the App and updating the "Last Updated" date. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.

3. Privacy Policy and Terms Updates

Your use of the App is governed by our Privacy Policy, which is incorporated into these Terms by reference. We reserve the right to update both these Terms and our Privacy Policy at any time without prior notice. You acknowledge that it is your responsibility to review these documents regularly for changes.

4. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this eligibility requirement.

5. Account Registration

To access certain features of the App, 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, current, and complete.

6. User Content

6.1 Content Creation and Ownership

You retain ownership of any content you create, upload, or share through the App ("User Content"). By creating, uploading, or sharing User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, and display that User Content for the purposes of operating and improving the App.

6.2 Content Accessibility and Data Security

User Content is accessible to other users of the App by default. While you can adjust your privacy settings to control content visibility, it is crucial to understand that Runchat does not provide end-to-end encryption for any user data, including private content. All data stored in our databases, including private conversations and User Content, may be accessed by Runchat staff for operational, maintenance, and business purposes. Runchat assumes no responsibility for the security, confidentiality, or integrity of any user data stored within the App. Users are solely responsible for any consequences resulting from the storage or transmission of sensitive information through the App.

6.3 Content Removal

We maintain complete discretion to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice. Furthermore, we maintain the right to permanently delete any and all user-stored data in the App, including workflows, versions and history, published apps, libraries, API keys, OAuth integrations, and usage data, without prior notice or liability to you. Users are solely responsible for maintaining their own backups of any critical data stored within the App.

7. Third-Party Integrations and Services

7.1 API Keys and OAuth Security

While Runchat implements encryption for third-party API keys and OAuth tokens entered in the dashboard, we explicitly disclaim all responsibility and liability for any security breaches, unauthorized access, or misuse of these credentials. We assume no responsibility for any damages, costs, or losses resulting from storing or using third-party API keys in the App, any loss or damage to user data in the App or on third-party services connected via API through Runchat automations, or any costs incurred from third-party services and platforms through Runchat automations.

7.2 Third-Party Libraries

Users integrate third-party content ("Libraries") into their automations entirely at their own risk. Users are solely responsible for ensuring Libraries do not result in loss or damage to their data, accept all consequences arising from the use of such Libraries, and must independently validate the security and reliability of any third-party integrations. Runchat assumes no responsibility for any damages or losses resulting from the use of Libraries.

8. Service Changes and Limitations

8.1 Pro Plan Features

Features included as part of the Pro plan, including token and storage limits, are subject to change at any time without prior notice. We reserve the right to revoke access to any and all features in the App, including access to services included as part of the Pro plan. In the event of service revocation, users will receive a pro-rata refund for any subscription fees covering the period following the revocation.

8.2 Free Plan Features

All features included as part of the Free plan are subject to change at any time without prior notice or compensation to users.

9. Usage Monitoring and Analytics

9.1 Data Collection and Monitoring

We maintain the right to monitor, collect, and analyze all usage of the App. This includes automation execution patterns, performance metrics, system resource utilization, user behavior and interaction patterns, API usage, integration patterns, error rates, and system health indicators. This data collection is continuous and may occur without specific notification to users.

9.2 Usage of Collected Data

We may use collected data, including anonymous and aggregated data, at our sole discretion for service improvements and optimization, research and development, marketing and business intelligence, sharing with partners and third parties, and any other legitimate business purpose we determine appropriate.

9.3 Audit Logs

We maintain comprehensive audit logs of all system activities and reserve the right to retain logs for any duration we determine necessary. These logs may be used for security investigations and system optimization, and may be shared with law enforcement or other authorities without notice to users.

10. Resource Usage and Limitations

10.1 Rate Limiting

We maintain sole discretion over imposing limits on API calls and requests, automation execution frequency, data storage and retrieval, computational resource usage, and any other system resources. These limits may be modified at any time without prior notice to users.

10.2 Resource Management

We retain complete authority over resource management, including the modification of resource limits without notice, suspension or termination of services exceeding limits, implementation of additional fees for excessive resource usage, and deployment of queuing or throttling mechanisms as deemed necessary.

10.3 Fair Usage

Runchat maintains sole discretion in determining what constitutes fair usage of our services. We reserve the right to modify fair usage policies at any time, suspend accounts violating fair usage policies, and terminate services without refund for repeated violations.

11. Intellectual Property Rights

11.1 Generated Content

All content generated through the App, including but not limited to automated workflow outputs, generated code and scripts, data transformations and analyses, reports and visualizations, shall be subject to our worldwide, perpetual, royalty-free license to use, modify, and distribute.

11.2 Derivative Works

We retain all rights to create derivative works from user-created workflows, analyze and reuse workflow patterns, incorporate user-created solutions into our services, and license or sell derivative works to third parties.

12. Export Compliance and Data Transfer

12.1 International Data Transfer

You acknowledge and agree that data may be transferred and processed internationally. We are not responsible for compliance with local data protection laws. You are responsible for ensuring compliance with your jurisdiction's requirements.

12.2 Export Compliance

You are solely responsible for compliance with export control regulations, obtaining necessary permits and licenses, and ensuring data transfers comply with applicable laws.

13. Service Level Commitments

13.1 Service Availability

We make no guarantees regarding system uptime or availability, service performance or reliability, data processing speed or accuracy, or API availability or response times.

13.2 Maintenance and Updates

We reserve the right to conduct maintenance at any time without notice, deploy updates that may affect functionality, modify or remove features without notice, and suspend services for any duration we deem necessary.

13.3 Service Interruptions

We assume no liability for service downtime or interruptions, data loss during service interruptions, business losses resulting from service unavailability, or costs incurred due to service interruptions.

14. Account Management

14.1 Account Dormancy

Accounts will be considered dormant if inactive for 180 days or more. We reserve the right to suspend dormant accounts without notice, delete data from dormant accounts, and terminate dormant accounts at our discretion.

15. Security Incidents

15.1 Incident Response

In the event of a security incident, we determine what constitutes a security incident and are not obligated to notify users unless required by law. We may suspend or terminate services without notice and assume no liability for any resulting damages.

15.2 User Obligations

You are responsible for maintaining secure passwords and access credentials, reporting suspicious activity promptly, cooperating with incident investigations, and maintaining your own security measures.

16. Compliance and Auditing

16.1 Regulatory Compliance

We make no representations regarding compliance with industry-specific regulations, regional data protection laws, security standards or certifications, or privacy regulations.

16.2 Auditing Rights

We reserve the right to audit your use of our services at any time, request compliance documentation, suspend services pending audit completion, and terminate services for audit failures.

17. API Usage

17.1 API Limitations

We reserve the right to modify API functionality without notice, deprecate API versions at any time, revoke API access without cause, and charge for API usage at any time.

17.2 API Versioning

We provide no guarantee of API backwards compatibility, no minimum notice period for API changes, no migration assistance, and no compensation for API changes.

18. Prohibited Conduct

You agree not to engage in any of the following prohibited activities: violating any applicable laws or regulations; infringing on the intellectual property rights of others; uploading or sharing content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable; impersonating any person or entity; interfering with or disrupting the App or servers or networks connected to the App; or attempting to gain unauthorized access to any portion of the App.

19. Support Services

19.1 Support Availability

Support is provided at our discretion with no guaranteed response times. Support may be limited or discontinued, and premium support may be subject to additional fees.

19.2 Communication

We may communicate through email notifications, in-app messages, system notifications, or any other means we choose.

20. Beta Features

20.1 Beta Services

For any features marked as Beta or Experimental, no warranties or guarantees are provided. These features may be modified or removed at any time, may contain errors or inaccuracies, and may cause system instability.

20.2 Beta Usage

Use of beta features is entirely at your own risk and may result in data loss. Additional charges may apply, and access may be terminated without notice.

21. Payments and Billing

21.1 Payment Terms

Fees may be modified at any time, and no refunds will be provided except where legally required. Failed payments may result in service suspension, and late fees may be assessed at our discretion.

21.2 Billing Disputes

Billing disputes must be reported within 5 days. No refunds will be issued for reported issues, and we retain final decision on all disputes. Service continues during dispute resolution.

22. Intellectual Property Rights

The App and its entire contents, features, and functionality are owned by Runchat Pty Ltd and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

23. Third-Party Links and Content

The App may contain links to third-party websites or resources. We are not responsible for the content, products, or services on or available from those websites or resources.

24. Termination

We reserve the right to terminate or suspend your account and access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the App, us, or third parties, or for any other reason.

25. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

26. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Runchat Pty Ltd BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE APP.

27. Indemnification

You agree to indemnify and hold Runchat Pty Ltd harmless from any claims, losses, damages, liabilities, and expenses arising out of your use of the App or violation of these Terms.

28. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with Australian Law, without regard to its conflict of law provisions.

29. Dispute Resolution

Any dispute arising from these Terms or your use of the App shall be resolved through binding arbitration in Australia.

30. Data Backup and Protection

You are solely responsible for maintaining appropriate backups of your data, both within Runchat and on any connected third-party services. We assume no responsibility for data loss, corruption, or damage resulting from your use of the App or any connected services.

31. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

32. Entire Agreement

These Terms constitute the entire agreement between you and Runchat regarding the use of the App.

By using RunChat, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.