Want highly qualified leads from Meta ads? Check out our latest Lead Conversion Funnel.

Learn More
Chatzy AI · Cybersharp Technology LLP

Fair Use Policy

Effective Date: 1st January, 2024  ·  Version 1.0

By using the Service, you confirm that you have read, understood, and agree to be bound by this Fair Use Policy.
1

Purpose and Scope

Chatzy reserves the right to update this Policy at any time without prior notice. The current version is always available at https://www.chatzy.ai/fair-use-policy. Continued use of the Service following any update constitutes your acceptance of the revised Policy.

Cybersharp Technology LLP, trading as Chatzy AI ("Chatzy", "we", "us", or "our"), is committed to providing all subscribers of the Chatzy AI Software-as-a-Service platform (the "Service") with consistently high levels of quality, availability, performance, and reliability. The Service operates on shared infrastructure and computing resources, and the actions of individual users can materially affect the experience of all other users on the platform.

This Fair Use Policy ("FUP" or "Policy") sets out the framework under which Chatzy establishes, monitors, and enforces usage parameters in order to protect the quality, stability, uniformity, and performance of the Service for all users. This Policy applies to all users of the Service, including all Customers and their authorised Users, regardless of subscription tier.

This Policy forms part of the Documentation as defined in the End User License Agreement ("EULA"), Master Subscription Agreement ("MSA"), or Software as a Service Agreement ("SaaS Agreement"), as applicable, and is to be read in conjunction with Chatzy's Acceptable Use Policy, Platform Guidelines, and Terms of Service (collectively, the "Governing Agreements"). Capitalised terms not defined in this Policy bear the meanings given to them in the applicable Governing Agreement.

2

Usage Parameters

2.1Establishment of Parameters

Chatzy shall, in its sole and absolute discretion, establish "outer-bound" usage parameters ("Parameters") for the Service and each of its features, modules, and capabilities. Parameters are designed to protect the quality, availability, and performance of the Service across all users and are not punitive in nature. Chatzy may establish Parameters at the level of: individual Users; Customer accounts; subscription tiers; specific features or modules; or the platform as a whole.

2.2Nature of Parameters

Parameters may include, without limitation, limits on:

  1. 1The number of AI agent conversations, sessions, or interactions per day, month, or billing cycle;
  2. 2The volume of messages, prompts, API calls, or tokens processed per unit of time;
  3. 3The volume and size of data, files, documents, or records uploaded to or stored within the Service;
  4. 4The number of concurrent Users, active sessions, or simultaneous connections;
  5. 5The frequency and volume of API requests, webhooks, or integrations;
  6. 6The volume of outbound communications (WhatsApp messages, SMS, emails, or other channels) sent via the Service;
  7. 7The volume of data exported, downloaded, or extracted from the Service;
  8. 8The computational resources (CPU, memory, GPU) consumed by automated workflows, AI model invocations, or batch processing tasks; and
  9. 9Any other metric that Chatzy determines is relevant to the fair, stable, and equitable operation of the Service.

2.3Representative Parameters

The following table sets out indicative, representative Parameters for the Service. These Parameters are provided for general guidance only and do not constitute a contractual commitment. Chatzy reserves the right to adjust any Parameter at any time and without notice.

Feature / ResourceSoft Limit (Advisory)Hard Limit (Enforced)
AI Agent Conversations5,000 / month per workspaceAs per Order Form or plan
API Calls (Authorised API)1,000 requests / dayAs per Order Form or plan
Concurrent User Sessions50 simultaneous sessionsAs per Order Form or plan
Outbound Messages (all channels)50,000 messages / monthAs per Order Form or plan
File / Document Upload10 MB per file; 1 GB totalAs per Order Form or plan
Data Export / Download1 GB per dayAs per Order Form or plan
Automated Workflow Executions10,000 runs / monthAs per Order Form or plan
Token / Prompt Processing2 million tokens / monthAs per Order Form or plan
RAG / Knowledge Base Storage1 GB per workspaceAs per Order Form or plan

The Parameters above are indicative only. Specific Parameters applicable to your subscription are set out in your Order Form or are otherwise notified to you via the platform dashboard or written communication from Chatzy. Chatzy's determination of applicable Parameters is final and binding.

2.4Right to Modify Parameters

Chatzy reserves the sole, unilateral, and absolute right to modify, update, reduce, increase, or entirely replace any Parameter at any time, for any reason or no reason, including but not limited to: changes in infrastructure costs; changes in third-party AI model pricing; platform abuse or misuse; changes in the Service architecture; or general platform evolution. Chatzy will use commercially reasonable efforts to provide advance notice of material reductions to Parameters via email or in-platform notification, but shall have no obligation to do so and shall not be liable for any failure to provide such notice.

2.5Parameters by Subscription Tier

Different subscription tiers and Order Forms may carry different Parameters. Higher-tier subscriptions and enterprise agreements may be entitled to higher Parameters as set out in the applicable Order Form. Where no specific Parameter is stated in an Order Form, the default Parameters applicable to the relevant subscription tier shall apply, as published by Chatzy from time to time.

2.6Exceeding Parameters

Customer acknowledges and agrees that nearly all users (95% or more) operate comfortably within the applicable Parameters in normal course. Where Customer's or any User's usage approaches or exceeds the applicable Parameters:

  1. 1Chatzy may, in its sole discretion and without prior notice, throttle, rate-limit, or temporarily restrict access to affected features or the Service as a whole;
  2. 2Chatzy may issue an in-platform or email warning to Customer;
  3. 3Chatzy may require Customer to upgrade to a higher-tier subscription or execute a new or amended Order Form providing for increased Parameters; and/or
  4. 4Additional fees, overage charges, or penalties may become payable as set out in the applicable Order Form or as notified by Chatzy.
3

Prohibited Usage Patterns

In addition to the prohibitions set out in the Acceptable Use Policy and Platform Guidelines, the following usage patterns are specifically prohibited under this Policy, irrespective of whether they technically exceed any numeric Parameter:

3.1Resource Abuse

Any usage pattern that is designed to, or has the practical effect of, consuming disproportionate or unreasonable amounts of shared platform resources relative to the value derived, including:

  1. 1Executing large-scale automated scripts, bots, or crawlers that generate artificial or inflated usage;
  2. 2Deliberately circumventing throttling, rate-limiting, or access controls through technical means (including distributed requests, IP rotation, or API key cycling);
  3. 3Stress-testing, load-testing, or penetration-testing the Service without Chatzy's express prior written consent; and
  4. 4Using the Service as a relay, proxy, or re-seller of AI capacity to third parties not covered under the applicable Order Form.

3.2Bulk and Automated Misuse

Use of automated or semi-automated processes to generate high volumes of content, messages, or interactions for purposes that violate the Acceptable Use Policy, including but not limited to: bulk spam generation; coordinated inauthentic behaviour; mass disinformation campaigns; or any other high-volume automated misuse.

3.3Artificial Inflation

Any pattern of usage that is designed to artificially inflate usage metrics, access additional computational resources beyond what the applicable subscription entitles Customer to, or circumvent usage-based billing or Parameter enforcement mechanisms.

3.4Degradation of Service

Any usage that degrades, disrupts, or impairs the availability, performance, or integrity of the Service for other users, including: generating excessive error traffic; deliberately triggering failover or load-balancing mechanisms; or exploiting bugs or vulnerabilities to obtain unauthorised resource access.

4

Monitoring and Detection

4.1Right to Monitor

Chatzy reserves the right, but not the obligation, to monitor, measure, log, and analyse Customer's and Users' usage of the Service for the purposes of: enforcing this Policy and the Governing Agreements; maintaining platform performance and security; detecting prohibited usage patterns; and improving the Service. Customer consents to such monitoring by using the Service.

4.2Automated Detection

Chatzy may use automated systems, algorithms, and tools to detect usage patterns that approach, breach, or are otherwise inconsistent with this Policy. Customer acknowledges that such automated systems may not always be accurate, and agrees that Chatzy's reasonable determinations based on such systems shall be presumed correct unless Customer can demonstrate a clear error by reference to verifiable usage data.

4.3Usage Reporting

Customer may access usage data and metrics through the Service dashboard (where such functionality is made available). Chatzy does not guarantee that dashboard metrics are real-time, complete, or error-free, and such metrics shall not be used as the definitive basis for disputing Chatzy's enforcement decisions. Chatzy's own internal records shall be the authoritative source of usage data for enforcement purposes.

4.4No Liability for Monitoring Failures

Chatzy shall have no liability for any failure to detect, prevent, or act upon non-compliant usage, and no failure to act shall be construed as a waiver of Chatzy's rights under this Policy.

5

Enforcement

5.1Chatzy's Enforcement Discretion

Chatzy reserves the sole and absolute right to enforce this Policy in whatever manner it deems appropriate in the circumstances. Chatzy is not obligated to follow any specific enforcement sequence and may exercise any remedy immediately and without prior warning where it reasonably determines that the severity or urgency of the non-compliance warrants it.

5.2Enforcement Escalation Framework

As a general guide (and without creating any binding obligation on Chatzy to follow this sequence), Chatzy's enforcement approach is as follows:

StageTriggerChatzy's Action
Stage 1 AdvisoryUsage approaches (80–95%) of a soft Parameter limit; minor or isolated policy deviationIn-platform notification and/or email advisory to Customer; no service impact
Stage 2 ThrottlingUsage exceeds a soft Parameter limit; repeated advisory-stage breachesAutomatic rate-limiting or throttling of affected features; workspace notification issued
Stage 3 WarningUsage exceeds a hard Parameter limit; confirmed prohibited usage patternFormal written warning; workspace access temporarily locked pending Customer response
Stage 4 SuspensionContinued non-compliance after Stage 3 warning; material or wilful policy breachSuspension of Service access; no refund of prepaid fees during suspension period
Stage 5 TerminationPersistent or egregious non-compliance; failure to cure after suspensionTermination of Agreement; no refund of prepaid fees; data deletion after 30 days

IMPORTANT: Chatzy may proceed directly to Stage 4 (Suspension) or Stage 5 (Termination) without prior notice or progression through earlier stages where: (a) the breach is wilful or egregious; (b) Chatzy's legal or regulatory position is at risk; (c) other users' access to the Service is being materially impaired; or (d) Chatzy is required to act by applicable law or court order.

5.3No Refund on Enforcement Action

Chatzy shall have no obligation to refund any prepaid subscription fees in respect of any period during which the Service is suspended, throttled, or terminated as a result of Customer's non-compliance with this Policy or the Governing Agreements. This applies regardless of whether Customer disputes the enforcement action.

5.4Right to Charge Overage Fees

Where Customer's usage consistently or materially exceeds the applicable Parameters, Chatzy may, in addition to or in lieu of enforcement action, invoice Customer for overage charges at the rates specified in the applicable Order Form or, where no rate is specified, at Chatzy's then-current standard overage rates. Such charges shall be due and payable within fifteen (15) days of invoice.

5.5Dispute of Enforcement Action

If Customer believes an enforcement action has been taken in error, Customer may raise a dispute by writing to legal@chatzy.ai within fourteen (14) days of the enforcement action. Chatzy shall review the dispute in good faith and shall respond within ten (10) business days. During the dispute period, enforcement action shall remain in effect. Chatzy's decision following review shall be final and binding.

6

Customer Obligations

6.1Compliance Responsibility

Customer is solely responsible for ensuring that its own use of the Service, and the use of the Service by all of its Users, at all times complies with this Policy and all applicable Parameters. Customer may not delegate, excuse, or disclaim compliance responsibility on the basis that: non-compliant usage was caused by a User and not the Customer directly; Customer was unaware of the non-compliant usage; or the usage was caused by a third-party integration or automated process.

6.2User Management

Customer shall: (a) implement appropriate internal controls and access management procedures to prevent its Users from engaging in non-compliant usage; (b) promptly investigate and remediate any non-compliant usage by its Users upon notification from Chatzy or upon Customer's own discovery; and (c) provide Chatzy with reasonable cooperation and information in connection with any investigation of suspected non-compliant usage.

6.3Notification Obligation

Customer shall promptly notify Chatzy in writing if it becomes aware that its usage has exceeded or is likely to exceed any applicable Parameter, or that any prohibited usage pattern described in Section 3 is occurring or is likely to occur.

6.4Legitimate Scaling

Where Customer anticipates a temporary or sustained increase in usage that may approach or exceed applicable Parameters (for example, during a product launch, seasonal peak, or marketing campaign), Customer should notify Chatzy in advance at hello@chatzy.ai and discuss appropriate capacity planning, parameter adjustments, or subscription upgrades. Chatzy will use commercially reasonable efforts to accommodate legitimate scaling requirements, subject to infrastructure availability and appropriate commercial arrangements.

7

Liability and Indemnification

7.1No Liability for Enforcement Actions

To the maximum extent permitted by applicable law, Chatzy shall not be liable to Customer or any User for any loss, damage, cost, or expense (including loss of profits, loss of data, or business interruption) arising from Chatzy's exercise of its rights under this Policy, including throttling, rate-limiting, workspace locking, suspension, or termination of access.

7.2Customer's Indemnification

Customer shall indemnify, defend, and hold harmless Chatzy, its Affiliates, and their respective officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including all legal fees) arising from: (a) Customer's or any User's breach of this Policy; (b) Customer's or any User's prohibited usage patterns as described in Section 3; (c) any third-party claim arising from Customer's excessive, abusive, or non-compliant use of the Service; or (d) any overage charges, regulatory penalties, or third-party infrastructure costs incurred by Chatzy as a result of Customer's non-compliant usage.

7.3Limitation of Chatzy's Liability

Without prejudice to the limitation of liability provisions in the EULA or applicable Governing Agreement (which are incorporated herein by reference), Chatzy's aggregate liability in connection with this Policy shall not exceed the fees paid by Customer to Chatzy in the three (3) months immediately preceding the event giving rise to the claim.

8

Relationship to Governing Agreements

This Policy is incorporated by reference into, and forms part of, the Documentation under each of the Governing Agreements. In the event of any conflict or inconsistency between this Policy and a Governing Agreement with respect to:

  1. 1Usage parameters, throttling, or resource limits — this Policy shall prevail;
  2. 2Enforcement procedures — the Governing Agreement shall prevail to the extent it provides greater rights to Chatzy; and
  3. 3All other matters — the applicable Governing Agreement shall prevail.

This Policy supplements and does not limit or restrict Chatzy's rights under the Acceptable Use Policy, Platform Guidelines, or any other Governing Agreement. Chatzy may exercise rights under any or all of these documents concurrently.

9

General Provisions

9.1Governing Law

This Policy is governed by and shall be construed in accordance with the laws of India. Any dispute arising out of or in connection with this Policy shall be subject to the dispute resolution mechanism and governing law provisions set out in the applicable Governing Agreement.

9.2Severability

If any provision of this Policy is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9.3Waiver

No failure or delay by Chatzy in exercising any right under this Policy shall operate as a waiver. Chatzy's election not to enforce this Policy in any particular instance shall not be construed as a waiver of its rights to enforce it in future.

9.4Updates to This Policy

Chatzy reserves the absolute right to amend, update, or replace this Policy at any time, with immediate effect upon publication. The most current version of this Policy shall always be available at https://www.chatzy.ai/fair-use-policy. It is Customer's responsibility to review this Policy regularly.

9.5Contact

For questions regarding this Policy, to report suspected violations, to discuss capacity planning, or to seek guidance on compliance, please contact:

General enquiries & compliance:hello@chatzy.ai
Legal & enforcement disputes:legal@chatzy.ai
Registered Office:Cybersharp Technology LLP, Delhi, India
Corporate Office:A-17, First Floor, Sector 65, Noida, UP - 201301, India

Cybersharp Technology LLP · Chatzy AI

legal@chatzy.ai · www.chatzy.ai