Terms of Service
Last updated: November 2, 2026
Effective November 2, 2026 for new customers. If you accepted an earlier version, this version applies to you when you accept it, which we'll ask you to do the next time you sign in to your dashboard, or from December 2, 2026 if you have not signed in by then. Until then the earlier version does.
1. Agreement
By using Total Chat ("the Service"), you agree to these terms. The Service is provided by Nailsmith Investments LLC, an Ohio limited liability company ("we", "us").
2. Description of Service
Total Chat provides an AI-powered chat widget and backend service for customer support, lead generation, and bug routing. The Service includes the chat widget, API, knowledge base, codebase scanner, and integrations.
3. Accounts
You must provide accurate information when registering. You are responsible for maintaining the security of your API keys and account credentials.
4. Acceptable Use
You agree not to:
- Use the Service for illegal purposes
- Attempt to reverse-engineer, decompile, or hack the Service
- Exceed your plan's usage limits without upgrading
- Use the Service to collect sensitive personal data (SSN, credit cards, health data) via chat
- Misrepresent AI responses as human responses to end users
5. Billing
Automatic renewal. Paid plans are subscriptions billed monthly through Stripe at the price shown when you subscribe. You are charged when you subscribe and then every month on the same date until you cancel. Before you are first charged we ask you to agree to these terms, and afterwards we email you a copy.
Cancelling. Cancel anytime in your Total Chat dashboard (Settings, Plan & billing) or by emailing [email protected]. When you cancel, your plan stays active until the end of the month you have paid for and you are not charged again. Refunds are handled on a case-by-case basis.
Who charges you. Payments are processed by Stripe for Nailsmith Investments LLC. Until our payment account is updated, the name on your card statement or receipt may show "Daniel Swick" or "Daniel Swick Custom Development".
Price changes. We may change the price of your plan with at least 30 days' notice by email; the new price applies from your next billing date after the notice period, and you may cancel before then.
Monthly conversation and message limits reset on the 1st of each calendar month.
6. Data Ownership
- Your content — You retain ownership of your knowledge base articles, conversation data, and configuration
- AI-generated content — Auto-drafted KB articles become your property once approved
- Lead data — Leads captured belong to you
7. Our role in handling your visitors' information
(a) Roles. When you use TotalChat, information about the people who message you or visit your site through it — visitor identifiers, attribution data, chat content, and the Lead records TotalChat creates from them ("Visitor Data") — is your personal-information under privacy law. You decide why it is collected; we process it for you. For Visitor Data we act as your service provider (California) or processor (other states), and this section is our contract with you for that role.
(b) What we do with Visitor Data. We process Visitor Data only to provide, secure, support and improve the Service for you — delivering and storing conversations, creating and keeping Lead records until you delete them, routing notifications, preventing abuse, and fixing errors. We will not: sell or share Visitor Data; retain, use or disclose it for any purpose other than these, or outside our direct business relationship with you; or combine it with personal information we receive from other customers or other sources, except as privacy law permits a service provider to do (for example, to detect security incidents or to perform the Service). We give Visitor Data the same level of privacy protection privacy law requires of you, and we comply with the obligations that law places on service providers.
(c) Your rights and our duties. You may take reasonable and appropriate steps to confirm we use Visitor Data as this section says, including asking us once a year to confirm in writing, and you may require us to stop and fix any use that does not comply. We will tell you if we conclude we can no longer meet these obligations. When a visitor exercises a privacy right with you (access, deletion, correction, opt-out), we will carry out your instruction on the Visitor Data we hold within fifteen business days, or forward the request to you if it reaches us first. You can delete a Lead, with the visitor's data behind it, or your account in your dashboard; the related Visitor Data is deleted from our live systems when you confirm, and our AI-monitoring provider deletes its copies within 24 hours of that. If you ask us instead ([email protected]), we do the same within thirty days of your request. Backups are cleared on their normal cycle.
(d) Our providers. Our sub-processors are bound by terms that limit their use of Visitor Data to providing services to us, and we will tell you before we add a new one.
(e) This section controls over any conflicting term of these Terms for Visitor Data. It does not change who owns Visitor Data (you do) and it does not apply to information about you as our customer, which our Privacy Policy covers.
(f) You are responsible for any disclosure, required by laws that apply to you or your users, that users are interacting with an AI system.
(g) You are responsible for giving your users any privacy notice and obtaining any consents the law requires for the data the widget collects on your site, and for not directing users to submit sensitive personal information (such as health, financial-account or government-ID data) through the widget.
8. Service Availability
We aim for 99.9% uptime but do not guarantee uninterrupted service. We are not liable for downtime, data loss, or service interruptions.
9. Limitation of Liability
The Service is provided "as is." We are not liable for indirect, incidental, or consequential damages. Our total liability is limited to the amount you paid us in the 12 months preceding any claim.
10. Termination
Either party may terminate at any time. Upon termination, we will provide a reasonable period to export your data.
11. Changes
We may update these terms. We will notify you of material changes by email or by a notice within the Service, and will ask you to accept the updated Terms where we consider the change material. Continued use after changes constitutes acceptance.
12. Governing Law and Venue
These terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. Any dispute arising from these terms or the Service will be brought in the state or federal courts located in Franklin County, Ohio, and both parties consent to the jurisdiction of those courts.
13. Contact
Questions? Email [email protected].