Allgemeine Geschaeftsbedingungen (AGB)
1.1. These Terms of Service (“Terms”) govern the use of the Chatcast platform and related services (“Service”) operated by Comet Rocks GmbH, Cuvrystrasse 1, 10997 Berlin, Germany, registered at Amtsgericht Charlottenburg under HRB 247644 B (“we”, “us”, “Chatcast”).
1.2. The Service includes the brand management console (console.chatcast.io), embeddable FAQ and AI shopping assistant widgets, public MCP (Model Context Protocol) endpoints for AI agents, and all associated APIs and documentation.
1.3. By creating an account or using the Service, you (“Merchant”, “you”) agree to these Terms. If you are acting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
1.4. Conflicting or supplementary terms of the Merchant are not recognized unless expressly agreed to in writing by Chatcast.
1.5. Separate terms apply to AI agents using the public MCP endpoints. See our Agent Terms of Service.
2.1. To use the Service, you must create an account by providing accurate and complete registration information, including a valid email address. You may also register via Google Sign-In.
2.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at support@chatcast.io if you become aware of any unauthorized use of your account.
2.3. You must be at least 18 years of age and have the legal capacity to enter into binding agreements.
2.4. Each account may be associated with one or more Shopify stores. You represent that you are the authorized owner or administrator of any store you connect to the Service.
3.1. Chatcast provides:
3.2. The specific features available to you depend on your subscription plan. We reserve the right to modify, add, or discontinue features with reasonable notice.
3.3. Chatcast is a SaaS platform that integrates with Shopify. You must maintain a valid Shopify store and comply with Shopify's Terms of Service at all times.
4.1. As a Merchant, you agree to:
4.2. You are solely responsible for the content you upload, the products you sell, and the claims you make about your products through the Service. Chatcast does not verify merchant content and accepts no liability for its accuracy or legality.
5.1. If you enable the agentic commerce feature, your product catalog, FAQs, policies, and commission rates will be made available to AI agents via public MCP endpoints. You control which data is exposed and the commission rates offered.
5.2. Commission rates, campaigns, and discount codes are set by you. You may modify them at any time through the brand console. Changes take effect immediately for new agent interactions.
5.3. Chatcast facilitates commission tracking and attribution but does not guarantee the accuracy of attribution in all cases. Commission settlements are subject to the terms configured in your commission settings (lock periods, approval workflows, payout thresholds).
5.4. You acknowledge that AI agents accessing your data are subject to the Agent Terms of Service and that Chatcast is not responsible for the conduct of third-party AI agents.
All intellectual property rights in the Service, including but not limited to software, algorithms, AI models, aggregated data insights, user interface designs, APIs, documentation, trademarks, and all related materials, are and remain the exclusive property of Comet Rocks GmbH. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.
You retain ownership of the content you upload to the Service, including product data, FAQ content, brand assets, and store policies (“Merchant Content”). By uploading Merchant Content, you grant Comet Rocks GmbH a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, and distribute your Merchant Content for the following purposes:
This license survives termination of your account solely with respect to anonymized and aggregated data that can no longer be attributed to you or your customers. Upon termination, we will cease displaying your identifiable Merchant Content.
If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without obligation to you.
We may create aggregated and anonymized data derived from your use of the Service (such as usage patterns, FAQ interaction trends, product query patterns, and search analytics). Such data, from which neither you nor any individual can be identified, is not Merchant Content and belongs to Comet Rocks GmbH. We may use this data without restriction for service improvement, AI model development, analytics, benchmarking, and research.
7.1. Our processing of personal data is governed by our Privacy Policy.
7.2. Where Chatcast processes personal data of your end-customers on your behalf through widgets embedded on your storefront, Chatcast acts as a data processor and you act as the data controller within the meaning of Art. 28 GDPR. The parties shall enter into a Data Processing Agreement (Auftragsverarbeitungsvertrag) that governs this processing.
7.3. As data controller, you are responsible for ensuring a lawful basis for the processing of your end-customers' personal data, including providing appropriate privacy notices on your storefront.
7.4. Chatcast is a data controller for merchant account data, its own website visitors, and AI agent registration data.
7.5. You acknowledge that Chatcast uses sub-processors to provide the Service. A list of current sub-processors is available in our Privacy Policy. We will notify you of material changes to our sub-processors.
8.1. Chatcast offers free and paid subscription plans. The features and limitations of each plan are described on our website and in the brand console.
8.2. Billing is processed through the Shopify Billing API. By subscribing to a paid plan, you authorize Shopify to charge the applicable fees to your Shopify account. All fees are exclusive of applicable taxes unless stated otherwise.
8.3. We may change our pricing with at least 30 days' prior notice. Price changes take effect at the start of the next billing cycle following the notice period.
8.4. There are no refunds for partial billing periods. If you downgrade or cancel, your current plan remains active until the end of the current billing period.
9.1. You must not use the Service to:
9.2. Detailed rules for widget usage, API access, AI assistant configuration, agentic commerce, and content standards are set out in our Acceptable Use Policy, which forms part of these Terms.
9.3. We reserve the right to suspend or terminate your account if we reasonably determine that you have violated these acceptable use provisions, after providing notice where practicable.
10.1. We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
10.2. We will use commercially reasonable efforts to notify you of planned maintenance that may affect the Service. Emergency maintenance may be performed without prior notice.
10.3. We are not liable for any downtime, data loss, or performance degradation caused by third-party services (including Shopify, hosting providers, or internet service providers) that the Service depends on.
11.1. Unlimited liability. Chatcast is liable without limitation for damages resulting from:
11.2. Cardinal obligations. In the event of a slightly negligent (leicht fahrlaessig) breach of a material contractual obligation (Kardinalpflicht — an obligation whose fulfilment is essential for the proper performance of this contract and on whose compliance the Merchant regularly relies), Chatcast's liability is limited to the typically foreseeable damage at the time of conclusion of the contract.
11.3. Liability cap. Subject to Sections 11.1 and 11.2, Chatcast's total aggregate liability under or in connection with these Terms shall not exceed the total fees paid by the Merchant to Chatcast in the twelve (12) months immediately preceding the event giving rise to the claim.
11.4. Exclusion of indirect damages. Subject to Sections 11.1 and 11.2, Chatcast shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to lost profits, lost revenue, loss of data, loss of business opportunities, or damages arising from business interruption, regardless of the legal theory on which the claim is based.
11.5. The limitations set out in this Section 11 also apply in favour of Chatcast's managing directors, employees, agents, and sub-contractors.
12.1. Chatcast provides the Service with commercially reasonable care and skill. Beyond this, and to the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”.
12.2. We do not warrant that: (a) the Service will meet all of your requirements; (b) the Service will be uninterrupted, timely, or error-free; (c) the results obtained from the use of the Service (including AI-generated content, product recommendations, or FAQ answers) will be accurate or reliable; or (d) any third-party integrations (including Shopify) will function without interruption.
12.3. AI-generated content (including FAQ answers, product recommendations, and policy extractions) is provided as a convenience and may contain inaccuracies. You are responsible for reviewing AI-generated content before relying on it or making it available to your customers.
You agree to indemnify, defend, and hold harmless Comet Rocks GmbH, its managing directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your Merchant Content; (c) your violation of any applicable law or third-party right; or (d) your end-customers' claims related to products sold through your store using the Service.
14.1. These Terms enter into force upon account creation and remain in effect until terminated.
14.2. You may terminate your account at any time by uninstalling the Chatcast app from your Shopify store or by contacting support@chatcast.io. Termination takes effect at the end of the current billing period.
14.3. We may terminate or suspend your account with 30 days' prior written notice for any reason. We may terminate immediately without notice if you materially breach these Terms (including violations of the acceptable use policy) or if required by law.
14.4. Upon termination: (a) your right to use the Service ceases immediately; (b) widgets embedded on your storefront will stop functioning; (c) public MCP endpoints for your store will be deactivated; (d) we will delete your account data within 90 days, subject to statutory retention obligations.
14.5. You may request an export of your Merchant Content in a machine-readable format within 30 days of termination by contacting support@chatcast.io.
14.6. The following sections survive termination: 6 (Intellectual Property), 7 (Data Protection), 11 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law), and any accrued payment obligations.
15.1. These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of law rules.
15.2. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Berlin, Germany, provided that the Merchant is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law.
16.1. We may amend these Terms from time to time. We will notify you of material changes at least 30 days before they take effect, via email or through a notice in the brand console.
16.2. If you do not agree with the amended Terms, you may terminate your account before the changes take effect. Continued use of the Service after the effective date of changes constitutes acceptance of the amended Terms.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic intent of the original provision.
These Terms, together with the Privacy Policy, Agent Terms of Service, and any Data Processing Agreement, constitute the entire agreement between you and Comet Rocks GmbH with respect to the use of the Service and supersede all prior agreements, representations, and understandings.
For questions regarding these Terms, please contact:
Comet Rocks GmbH
Cuvrystrasse 1
10997 Berlin, Germany
Email: info@chatcast.io
Last updated: February 2025