Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Butterchat, a product of Studio Butterfly (Lomba Limited), Dhaka, Bangladesh ("Butterchat", "we", "us", or "our"), governing your access to and use of our customer-engagement and social-inbox platform at https://app.studiobutterfly.io and related websites, APIs, chat widgets, and integrations (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms, and "you" refers to that business.

1. The Service

Butterchat helps businesses manage conversations and content across messaging and social channels — including Facebook Messenger, Instagram, and WhatsApp (provided by Meta Platforms, Inc.) and a website chat widget — using AI-assisted and human agents. Features may include a shared inbox, AI replies grounded in your knowledge base, post scheduling, comment automation, commerce and booking tools, and analytics. We may add, change, or remove features from time to time.

2. Eligibility & Accounts

• You must be at least 18 years old and able to form a binding contract to use the Service.
• You are responsible for the accuracy of your account information and for keeping your credentials secure. You are responsible for all activity under your account and those of your team members and agents.
• Notify us promptly at hello@studiobutterfly.io of any unauthorized use or security incident.

3. Subscriptions, Fees & Payment

Some features are offered on a paid subscription. Fees, billing cycles, and plan limits are described at sign-up or in your order. Unless stated otherwise: fees are billed in advance and are non-refundable except where required by law; you authorize us (and our payment processors) to charge your chosen payment method; and you are responsible for applicable taxes. We may change pricing on prospective notice; changes take effect on your next billing cycle. Non-payment may result in suspension or termination.

4. Acceptable Use

You agree not to, and not to permit anyone to:

• use the Service to send spam, unsolicited messages, or content that is unlawful, deceptive, harassing, hateful, or infringing;
• violate the rights of others, including privacy, publicity, and intellectual-property rights;
• send messages without any consent or opt-in required by law or by the connected platform's policies;
• reverse engineer, resell, or provide the Service to third parties except as expressly permitted;
• probe, scan, or circumvent security, exceed rate limits, or interfere with the Service's integrity or performance;
• use the Service to build a competing product, or to train machine-learning models on data you are not authorized to use;
• upload malware or use the Service in any way that violates applicable law or these Terms.

We may investigate suspected violations and suspend or terminate access to protect the Service and its users.

5. Connected Platforms (Meta, WhatsApp & Others)

When you connect a third-party platform (such as a Facebook Page, Instagram Business account, or WhatsApp Business account), you authorize Butterchat to access and act on that platform on your behalf to provide the Service. You are responsible for:

• having all rights and permissions needed for the pages, accounts, numbers, and content you connect;
• complying with the applicable platform terms, including the Meta Platform Terms, Meta Developer Policies, and the WhatsApp Business Messaging Policy (including opt-in, messaging windows, and template rules);
• the content and messages you publish or send through the Service.

Connected platforms are controlled by their providers, not us. Their availability, features, and terms may change, which can affect the Service. We are not responsible for third-party platforms.

6. Your Content & Data

You retain ownership of the content, messages, documents, and data you and your customers submit through the Service ("Customer Data"). You grant Butterchat a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and as described in our Privacy Policy. As between you and us, you are the controller of end-customer data you handle through the Service and are responsible for having a lawful basis and any required notices or consents. You are responsible for the accuracy and legality of your Customer Data.

6.1 Data Processing Addendum (processor terms)

This Section 6.1 applies where, and to the extent that, Butterchat processes personal data of your end-customers, prospective customers, or site visitors ("Customer Personal Data") on your behalf in providing the Service — including personal data we receive from platforms you connect, such as Shopify, WooCommerce, and Meta/WhatsApp. For that data you are the controller (or, under US laws, the business) and Butterchat is the processor (or service provider). This Section forms our data processing addendum; where you have a separate signed DPA with us, that document controls to the extent of any conflict.

• Instructions. We process Customer Personal Data only to provide, secure, and support the Service, in accordance with these Terms, the Privacy Policy, and your reasonable documented instructions, and we do not sell it or use it for our own independent purposes. Use of conversation data to improve our own AI is limited to the safeguards, identifier-removal, and opt-out in Section 4.1 of the Privacy Policy.
• Purpose limitation. We limit our use of Customer Personal Data to the purposes for which it was provided, and we process the minimum data needed to deliver the features you enable.
• Confidentiality. Personnel authorized to process Customer Personal Data are bound by confidentiality obligations.
• Security. We maintain the technical and organizational measures described in Section 10 of the Privacy Policy, including encryption in transit and at rest, access controls, and separation of test and production data.
• Sub-processors. You authorize us to engage sub-processors to provide the Service (for example, hosting, database, vector-search, AI, and connected commerce/payment/delivery providers). We remain responsible for their compliance, and a current list is available as described in Section 4 of the Privacy Policy.
• Data-subject requests. Taking into account the nature of the processing, we will provide reasonable assistance to help you respond to end-customer requests to access, correct, delete, or restrict their personal data.
• Breach assistance. We will notify you without undue delay after becoming aware of a personal-data breach affecting Customer Personal Data, and will provide information reasonably needed for you to meet your own notification obligations, consistent with Section 10 of the Privacy Policy.
• Deletion and return. On termination or your request, we will delete or return Customer Personal Data as described in Sections 6–7 of the Privacy Policy, except where retention is required by law or, for data already de-identified and incorporated into a trained model, where individual reversal is not possible.
• Audits. We will make available information reasonably necessary to demonstrate compliance with this Section and will cooperate with reasonable, confidential audits on prior written notice, subject to appropriate limits on frequency and scope.
• International transfers. Where we transfer Customer Personal Data across borders, we use appropriate safeguards such as Standard Contractual Clauses, as noted in Section 9 of the Privacy Policy.
• Your responsibilities. You are responsible for having a lawful basis and providing any notices to, or obtaining any consents from, your end-customers required for the processing you instruct — including respecting their consent and opt-out decisions — and for the accuracy and legality of the Customer Personal Data you provide.

7. AI Features

The Service uses artificial intelligence to draft replies, summarize conversations, and automate tasks you configure. AI output can be inaccurate, incomplete, or inappropriate and is provided as a tool to assist — not to replace — human judgment. You are responsible for reviewing and for any messages sent from your account, whether drafted by AI or a person. We do not warrant that AI output will be accurate or fit for a particular purpose.

We may also use Customer Data — in particular conversations where a human agent corrected an AI reply — to evaluate and improve Butterchat's own AI features, subject to the safeguards, identifier-removal, and opt-out described in Section 4.1 of our Privacy Policy. We do not use Customer Data to train third-party or general-purpose foundation models. You are responsible for providing any notice to, or obtaining any consent from, your end-customers that applicable law requires for this use.

8. Intellectual Property

The Service, including its software, design, and content (excluding Customer Data), is owned by Butterchat / Studio Butterfly and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription and in accordance with these Terms. All rights not expressly granted are reserved. If you send us feedback, you grant us a perpetual, royalty-free right to use it without obligation to you.

9. Third-Party Services

The Service integrates with or relies on third-party services. Depending on the features you enable, these may include Meta and WhatsApp, AI providers (such as OpenAI), ecommerce platforms (such as Shopify and WooCommerce), payment gateways (such as bKash and SSLCommerz), and courier / delivery services (such as Steadfast and Pathao). When you connect one of these services, your use of it — and the data you exchange with it — is subject to that provider's own terms and privacy policy, and we are not responsible for those services. You are responsible for having the rights and any consents needed to connect them and to share data with them. We may use sub-processors to provide the Service, as described in our Privacy Policy.

10. Term & Termination

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay fees, create risk or legal exposure, or if we discontinue the Service. Upon termination, your right to use the Service ends; we will handle Customer Data as described in our Privacy Policy and applicable law. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, and indemnification) will survive termination.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that it will meet your requirements. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

12. Limitation of Liability

To the maximum extent permitted by law, Butterchat and Studio Butterfly will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the amounts you paid to us for the Service in the three (3) months before the event giving rise to the claim (or, if you use the Service for free, USD 100).

13. Indemnification

You will defend, indemnify, and hold harmless Butterchat, Studio Butterfly, and our affiliates and personnel from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Service, your connected accounts and content, or your violation of these Terms or applicable law or platform policies.

14. Changes to the Service & Terms

We may modify the Service and these Terms from time to time. Material changes to these Terms will be reflected by updating the "Last updated" date above and, where appropriate, by additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Governing Law & Disputes

These Terms are governed by the laws of Bangladesh, without regard to conflict-of-laws rules. The courts of Dhaka, Bangladesh will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, subject to any mandatory rights you have under the laws of your place of residence.

16. Miscellaneous

These Terms, together with the Privacy Policy and any order you agree to, are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Notices to you may be sent to your account email; notices to us should be sent to the contact below.

17. Contact

Butterchat is a product of Studio Butterfly (Lomba Limited), Dhaka, Bangladesh.
Email: hello@studiobutterfly.io
App: https://app.studiobutterfly.io
Website: https://studiobutterfly.io

Related: Privacy Policy · Data Deletion