Terms of Service

1. These Terms of Service (hereinafter "Terms") govern the rights, obligations, and responsibilities related to the use of the AI-based customer service IVA platform (hereinafter "Platform") between Chimege Systems (hereinafter "Service Provider" or "We/Us") and the business entity or organization using the Platform (hereinafter "User" or "You").
2. By registering for, accessing, or using the Platform, the User is deemed to have fully read, understood, and accepted these Terms. If you do not accept these Terms, you are not authorized to use the Platform
3. The Service Provider reserves the right to modify these Terms at its sole discretion when necessary. In case of modifications to the Terms, the updated version will be published on the website https://iva.mn/terms, and registered Users will be notified via email or through an internal notification on the Platform. The updated Terms become effective from the date of publication. The User's continued use of the Platform after the updated Terms become effective constitutes acceptance of those changes. These updated terms will not automatically alter any prior specific-term agreement (if any) you may have entered into with Chimege Systems and apply only to the future use of the service.

1. Platform: The IVA system, its software, and infrastructure, designed for customer service, equipped with an AI-based Virtual Agent (AI agent), and capable of integrating and managing multiple channels (e.g., website, social media, messengers, email, etc.).
2. User: Any legal entity (company, organization) that has entered into an agreement with the Service Provider to use the Platform or has registered by accepting the Terms.
3. Service Provider: Chimege Systems LLC
4. Virtual Agent (AI Agent): An artificial intelligence agent that automatically interacts with End Users based on the Knowledge Base configured by the User and other data.
5. Connected Channel(s): Communication channels integrated and connected by the User to the Platform (e.g., Facebook page, website chat, Viber account, email address, etc.).
6. End User: An individual communicating with the User through the channels connected to the Platform (the User's customer).
7. User Data: All types of information entered into, generated by, or processed through the Platform by the User. This includes:
• Knowledge Base: Information, documents, and question-answer databases used by the Virtual Agent to provide responses.
• Configuration Data: Settings for connected channels, user account information, and Platform configurations.
• Communication Data: Records of interactions between the Virtual Agent and/or User's employees and End Users, and information provided by End Users (within the scope of applicable law).
8. Confidential Information: Any non-public personal, business, technical, financial, or other sensitive information disclosed by one party to the other under these Terms.

1. Platform Intellectual Property: The Platform, Virtual Agent, and all its components, including software, design, code, artificial intelligence models (underlying technology), logos, trademarks, text, graphics, and all other content (excluding User Data), are the property of Chimege Systems and are protected by Mongolian and international intellectual property laws.
2. License to Use: The Service Provider grants the User a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for its intended purpose (customer service) in accordanceance with these Terms, during the paid service period.
3. Restrictions: Without the prior written consent of the Service Provider, the User is strictly prohibited from copying, modifying, altering, distributing, reselling, disclosing, reverse engineering, attempting to derive the source code of, using to develop competing products, or performing any similar actions on the Platform or any part thereof.

1. To use the Platform, the User must have a Todu Account. When registering, the User chooses their own password. The User is responsible for maintaining the confidentiality of their password, Todu Account, and any information sent or received through it. The User is solely responsible for any and all consequences arising from or potentially arising from the loss, unauthorized use, or allowing others to use this information.
2. If the User suspects any unauthorized access to their account or a security breach, they must notify the Service Provider immediately.

1. The Platform provides the following core functionalities:
• Connecting, managing User's communication channels (e.g., website chat, Facebook Messenger, Viber, email, etc.) to the Platform;
• Configuring the Virtual Agent, creating and managing the Knowledge Base;
• Enabling the Virtual Agent to interact with End Users;
• Enabling the User's customer service agents to interact with End Users;
• Storing, managing, and filtering communications;
• Utilizing additional AI features (e.g., conversation analysis, sentiment analysis, conversation summarization, etc.).
2. User Data:
• All User Data (Knowledge Base, Communication Data, etc.) entered into, generated by, or processed through the Platform by the User remains the property of the User.
• The User grants the Service Provider a license to use, store, and process User Data solely for the purposes of providing and improving the Platform and providing support (on an anonymized/de-identified basis). This license terminates when the User ceases using the Platform and deletes their data.
• The User is fully responsible for the accuracy and legality of their data (especially the accuracy of the Knowledge Base and information concerning End Users within communications). The User must ensure they have all necessary legal bases and consents (particularly regarding End User data) to input and use their data (including End User data) on the Platform, and that such use does not violate third-party rights (e.g., intellectual property, privacy) or applicable laws (such as the Law on Personal Data Protection).
3. Virtual Agent:
• The quality and effectiveness of the Virtual Agent's responses directly depend on the quality, completeness, and accuracy of the Knowledge Base provided by the User. The User understands and accepts that incorrect, incomplete, or outdated information may cause the Virtual Agent to provide incorrect or erroneous responses.
• The Virtual Agent automatically processes information and provides responses; the Service Provider does not guarantee perfect, error-free, or always correct responses in all situations.
• The User is responsible for regularly monitoring the Virtual Agent's responses and performance, and, when necessary, improving the Knowledge Base or adjusting the question/answer configurations. The User must personally verify the accuracy of critical, financial, legal, or other sensitive information provided to End Users.
4. Service Availability and Maintenance:
• The Platform is planned to operate 24 hours a day, 7 days a week.
• The Service Provider has the right to perform routine and scheduled maintenance to ensure the normal operation of the Platform and implement updates. In case of service interruptions due to scheduled maintenance, Users will be notified in advance (e.g., at least 24 hours prior) via email or platform notification. Prior notice may not be possible for emergency maintenance.

When using the Platform, the User is prohibited from performing the following actions:

1. Violating applicable laws, rules, or regulations;
2. Including information in the Knowledge Base or transmitting to End Users information that infringes third-party intellectual property rights;
3. Unlawfully collecting, processing, using, or storing End User personal data without their consent;
4. Uploading viruses, malicious code, or other harmful software to the Platform or distributing it through the Platform;
5. Including fraudulent, deceptive, defamatory, unethical, obscene, or violence-promoting content in the Knowledge Base or transmitting it to End Users;
6. Sending spam or unsolicited advertisements through the Platform;
7. Placing excessive load on, interfering with, or attempting to damage the normal operation of the Platform or its infrastructure (e.g., sending excessive API requests);
8. Circumventing security measures or attempting unauthorized access to the Platform.

1. Detailed information on how the Service Provider collects, uses, and protects User registration information and communication data processed through the Platform is provided in the Privacy Policy available at https://iva.mn/policy. This Privacy Policy is an integral part of these Terms.
2. User registration information will only be used for providing the service, communicating with the User, billing, and delivering Platform-related information.
3. Communication Data and End User Privacy:
• The Service Provider is obligated to maintain the confidentiality and protect the Communication Data (including End User information) processed through the Platform. The Service Provider processes this data on behalf of the User and according to the User's instructions.
• The User is responsible for complying with all laws regarding the collection, processing, and storage of End User personal data (especially the Law on Personal Data Protection). This includes providing information to End Users and obtaining consent where necessary.
• The Service Provider will not access or disclose communication data to third parties without the User's consent, except as required by law enforcement agencies.
4. We implement appropriate technical and organizational measures (such as encryption, access control, infrastructure security, etc.) to protect User data from unauthorized use, modification, or deletion.
5. The parties undertake not to disclose any Confidential Information received from the other party within the scope of these Terms and to use it solely for the purpose of providing or using the service.
6. Cookies: The Platform may use cookies to enhance user experience, ensure secure login, and improve service usage. Please refer to the Privacy Policy for detailed information.

1. Fees: Platform usage fees and package options are based on the pricing specified on the iva.mn website. The quoted prices include Value Added Tax (VAT).
2. Payment Terms: This service is post-paid. After the end of each monthly period, an invoice for the User's usage during that period will be automatically generated on the platform. The User shall make full payment within 5 (five) days of receiving the invoice.
3. Payment Method: The User shall transfer the service fee to the bank account of "Chimege Systems" LLC specified in the invoice:
• Bank: Trade and Development Bank
• Account Number: 499 291 865 (Please include the invoice number or organization name in the payment reference)
4. Service Term: The service is continuous. Unless the User requests cancellation according to Section 10, the next invoice will be automatically generated.
5. Additional Fees: No additional fees will be charged to the User for standard updates and improvements made to the Platform during the agreement term. Separate pricing will be agreed upon for specially requested additional development or services.
6. Refund Policy: The Service Provider generally does not offer refunds. Payments made by the User are for the use of the Platform during the previous reporting period. In exceptional cases, such as prolonged unavailability of the Platform (e.g., more than 48 consecutive hours) due to serious fault of the Service Provider, the parties shall mutually agree to resolve the issue, potentially by not charging for that period or providing an appropriate discount.
7. Non-payment: If the User fails to pay within the period specified in 8.2, the Service Provider will grant an additional 5-day grace period and send a reminder notice. If payment is not made within this period, the Service Provider reserves the right to temporarily suspend or permanently terminate the User's access to the Platform. Late payment penalties may be applied in accordanceance with applicable law.

1. The Service Provider makes no express or implied warranties that the Platform's operation will be uninterrupted or error-free, that the Virtual Agent's responses will always be accurate or complete, or that it will be free from defects.
2. To the maximum extent permitted by law, the Service Provider shall not be liable to the User for any indirect, incidental, special, or consequential damages arising from the following circumstances. (Note: The specific circumstances were not fully listed in the provided Mongolian text but typically include loss of profits, data loss, business interruption, etc.)

1. Term: These Terms are effective from the date the User registers on the Platform and remain in effect until terminated in accordanceance with these Terms.
2. Termination by User: The User has the right to terminate the service agreement by providing 30 days' prior notice in writing or via email to the Service Provider, or through the platform settings. The User is responsible for all fees incurred up to the effective date of termination.
3. Termination by Service Provider: The Service Provider reserves the right to suspend access to the Platform or terminate these Terms with prior notice to the User (or without notice in case of serious violations), under the following circumstances:
• The User seriously or repeatedly breaches any provision of these Terms (especially Section 6), 7.3 (End User Privacy), or Section 8 (Payment);
• The User fails to pay within the additional period specified in 8.7;
• The User becomes bankrupt, is liquidated, or becomes insolvent;
• The Service Provider reasonably believes that the User's activities negatively impact the security, reputation, or interests of other users of the Platform;
• As required by law or court order.
4. Consequences of Termination: Upon termination of these Terms for any reason:
• All rights granted to the User to use the Platform shall immediately cease.
• The User is obligated to immediately pay all outstanding fees up to the date of termination.
• The Service Provider will (unless otherwise required by law or the Privacy Policy), upon the User's request, provide the possibility to export User Data (especially communication data) for a specified period (e.g., 30 days) after termination, after which the Service Provider has the right to delete the content.

1. These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordanceance with the laws of Mongolia.
2. Dispute Resolution: The parties shall strive to resolve any disagreements or disputes related to these Terms amicably through mutual negotiation within 30 days. If the parties fail to reach an agreement, the dispute shall be resolved by the competent courts of Mongolia.

1. Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations due to events beyond its reasonable control (such as natural disasters, war, strikes, pandemics, government decisions, major disruptions in communication or internet services, cyber-attacks, etc.).
2. All notices under these Terms shall be in writing and sent from the Service Provider's address below to the User's registered email address or via the Platform's internal notification system. Notices sent by email are deemed received 24 hours after sending.
3. If any provision of these Terms is found by a competent authority to be invalid or unenforceable, that provision shall be severed from the Terms, and the remaining provisions shall remain in full force and effect.
4. The failure or delay by either party to exercise any right under these Terms shall not constitute a waiver of that right or any other right.
5. These Terms (including the referenced Privacy Policy and pricing information) constitute the entire and final agreement between the Service Provider and the User regarding the use of the Platform and supersede any prior oral or written agreements or arrangements.
6. The User may not assign its rights or obligations under these Terms to any third party without the prior written consent of the Service Provider. The Service Provider may assign its rights and obligations under these Terms to its affiliates, subsidiaries, or business successors.