Terms of Service

Last Updated: October 22, 2025

Please read these Terms carefully before using the Sponge AI platform. By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms.

To learn how we collect and protect your personal data, please review our Privacy Policy.

1. General Overview

These Terms of Service (“Terms”) form a binding legal agreement between Individual Entrepreneur QDigital (“Company,” “we,” “our,” or “us”) and you (“User” or “Customer”), governing your access to and use of the Sponge AI platform located at https://sponge.chat.

If you do not agree to these Terms, you must not use the Service.

2. Definitions

Term	Description
Service	The Sponge AI platform that enables the creation and management of AI-based assistants with integrations such as Google Calendar.
Account	The User’s registered profile used to access and manage the Service.
Subscription	The paid or free plan defining features, message limits, and billing cycle.
Content	Any text, file, audio, video, or other material transmitted or generated through the Service.
AI Partners	Third-party AI providers including Anthropic PBC (Claude) and Google LLC (Gemini) used to process user queries.
User	Any individual or legal entity registered to use the Service.

3. Description of the Service

Sponge AI is a cloud-based platform allowing businesses to deploy AI-driven assistants that automate messaging, scheduling, and CRM synchronization. The Service integrates with Google Calendar and other APIs to improve productivity and automate workflows.

4. Account Registration and Access

You must provide accurate and complete registration details.
You are responsible for all actions performed under your account credentials.
You may authorize employees or contractors to use the Service on your behalf, provided that you remain liable for their actions and compliance with these Terms.
We reserve the right to suspend access if suspicious or unauthorized activity is detected.

5. Payments, Cancellations, and Refunds

Payment for subscriptions is processed securely through third-party partners (e.g., Paddle).
All fees are displayed in your account dashboard prior to purchase.
You may request a refund within 14 calendar days of the initial purchase if fewer than 100 messages have been processed on your account.
Once substantial use begins (≥100 messages or AI model activation), the transaction is considered fulfilled and non-refundable.
Refunds after 14 days are only issued as required under applicable Kazakhstan consumer protection law.
To request a refund, contact [email protected] or Paddle at [email protected], including your order number and registered email.
Subscription cancellations take effect at the end of the current billing cycle.

6. Service Availability and Support

Metric	Standard
Monthly uptime	≥ 99.5%
Critical incident response	Within 4 business hours
Standard support response	Within 1 business day
Service credit for downtime	5% of the monthly fee for every 1% below SLA (credited to next invoice)

We aim to maintain consistent uptime but do not guarantee uninterrupted operation due to maintenance, network issues, or force majeure.

7. User Responsibilities

Use the Service lawfully and in accordance with these Terms.
Do not transmit spam, malware, or infringing materials.
Do not misuse integrations or attempt to circumvent Service limits.
Comply with third-party terms (e.g., Google, Paddle) when using integrations.
Promptly process deletion or access requests if such requests relate to your connected accounts or customers.
Violation of these obligations may result in account suspension or termination.

8. Third-Party Services

The Service may link or integrate with third-party providers (such as Google LLC). Your use of those services is governed by their own terms and privacy policies. By connecting your Google account, you authorize us to access and process your calendar data solely to provide the described automation features.

We are not responsible for errors, outages, or losses caused by third-party systems.

9. Data Security and Protection

We implement encryption, backups, and strict access controls following ISO 27001-equivalent practices.
Personal Data is processed only to provide the Service and as described in the Privacy Policy.
Data retention: up to 12 months, with deletion upon request or disconnection.
In the unlikely event of a security breach affecting your data, we will notify you without undue delay and take remedial action.

10. Intellectual Property

All intellectual property rights in the Sponge AI platform, brand, and underlying software remain the exclusive property of QDigital.
You receive a limited, non-exclusive, revocable license to use the Service during your active subscription.
Reverse engineering, resale, or creation of derivative products is strictly prohibited.

11. Updates and Modifications

We may update the Service or these Terms from time to time to reflect changes in law, technology, or business operations. You will be notified of material updates at least 10 days in advance. Continued use of the Service after the new effective date constitutes acceptance of the updated Terms.

12. Suspension and Termination

Reason	Notice Period	Action
Non-payment	7 days	Temporary suspension
Material breach	14 days	Termination if not remedied
Voluntary termination	30 days	Cancellation without penalty

All outstanding fees remain payable. We will maintain data export access for 30 days after termination unless prohibited by law.

13. Limitation of Liability

The Service is provided “as is” without warranties of uninterrupted availability or error-free performance. The Company’s aggregate liability for any claim shall not exceed the total fees paid in the three months preceding the incident. We are not liable for indirect, consequential, or incidental damages, except in cases of:

proven intellectual property infringement,
breach of confidentiality, or
unpaid obligations under this Agreement.

14. Force Majeure

Neither party shall be liable for delay or failure caused by circumstances beyond reasonable control (e.g., natural disasters, war, governmental actions, network failures). If such conditions persist for more than 30 days, either party may terminate the Agreement without penalty.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Kazakhstan. Any disputes shall first be resolved through good-faith negotiation. If unresolved, they shall be submitted to the courts of Almaty, Republic of Kazakhstan.

16. Contact Information

Controller / Operator:
QDigital Individual Entrepreneur
📍 Kazakhstan, Aktau, microregion 12, building 56, office 60
📧 [email protected]
🌐 https://sponge.chat

Legal Details:
BIN 060717552351
Republic of Kazakhstan