Last updated: June 20, 2026
These Terms of Service ("Terms") are an agreement between you and Neverclosed ("Neverclosed," "we," "us") covering your use of our website, chat widget, and the assistant we build, host, and maintain for you (together, the "Service"). By accessing or using the Service, you agree to these Terms.
You must be at least 18 and use the Service for business purposes. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization.
Neverclosed builds, installs, hosts, and maintains a custom AI assistant for your website that answers visitors, captures leads, and lets a real person take over chats. We may add, change, or remove features over time, and we may perform maintenance that temporarily affects availability.
You agree to provide accurate business information and to reasonably cooperate in setup (for example, providing website access, content, and approvals). You are responsible for the accuracy of your business information, for how the assistant represents your business, for keeping your account credentials secure, and for complying with all laws that apply to your use of the Service. You represent that you have given all notices and obtained all consents needed to collect information from your visitors through the assistant and to contact them, and that you will comply with applicable communications and privacy laws (for example, TCPA and CAN-SPAM).
Your free trial lasts 14 days, and no credit card is required to start. Because we don't collect a card to start the trial, you will not be charged automatically. If you'd like to continue after the trial, you add a payment method and subscribe; otherwise your assistant simply comes offline at the end of the trial. We may delete trial data after a reasonable period if you don't subscribe.
After the free trial, the Service is offered by subscription. Current pricing starts at $149/month (Starter), with Pro and Premium plans at $299/month and $599/month, plus any applicable taxes. Unless stated otherwise, subscriptions are month-to-month and automatically renew each month until you cancel. When you subscribe, you authorize us and our payment processor to charge the subscription fee (and applicable taxes) to your payment method on each renewal date. If a charge fails, we may suspend or end your access until payment is received.
You can cancel anytime — cancellation takes effect at the end of your current billing period, and you won't be billed again after that. Prices may change; if they do, we'll give you reasonable advance notice and the new price applies on your next renewal after the notice. Fees are non-refundable and are owed for the current billing period once charged, except where required by law.
You will not: (a) use the Service for any unlawful, infringing, deceptive, or harmful purpose; (b) collect or solicit sensitive personal information (such as health records, financial account numbers, government IDs, or children's data) through the assistant; (c) violate others' privacy or intellectual-property rights; (d) send spam or unsolicited messages; (e) probe, scan, or test the Service's security or try to circumvent it; (f) reverse engineer, decompile, or create derivative works of the Service; or (g) use the Service for high-risk activities where errors could lead to death, personal injury, or serious property or environmental damage.
As between you and Neverclosed, you own your content (including your business information and chat transcripts). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display your content as needed to provide and improve the Service and to comply with law, including sending content to our service providers (such as our AI processing provider) for that purpose.
AI outputs can be wrong or incomplete. The assistant is built to take a message instead of guessing when it's unsure, but you are responsible for reviewing and approving how it represents your business and for any decisions made based on its outputs.
We and our licensors own the Service and all related intellectual property. These Terms grant you only a limited, non-exclusive, non-transferable right to use the Service during your subscription, and transfer no ownership of our IP. If you give us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.
Our Privacy Policy explains how we handle personal information. For information you collect from your end users through the assistant, we act as your service provider and process it only to provide the Service and as permitted by law or our agreement with you.
The Service relies on third-party hosting, communications, analytics, and AI processing providers. We are not responsible for third-party services we don't control, and your use of any third-party service may be subject to its own terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEVERCLOSED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
You will defend, indemnify, and hold harmless Neverclosed and its officers, directors, and employees from third-party claims, damages, and expenses (including reasonable attorneys' fees) arising out of your content, your use of the Service, or your violation of these Terms or applicable law.
These Terms remain in effect until terminated. You may cancel anytime (see Section 6). We may suspend or terminate your access for non-payment, violations of these Terms, legal risk, or to protect the Service. On termination, your right to use the Service ends; we may retain and use your content as needed to comply with law, resolve disputes, and enforce our agreements. On request within 30 days after termination, we'll make a reasonable export of your available chat transcripts if technically feasible; after that, we may delete them in the ordinary course of business. Sections that by their nature should survive termination — including content ownership, our intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.
We may identify you as a customer (name and logo) in our marketing materials and on our website. You can opt out anytime by emailing [email protected].
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Before filing any claim, you agree to first try to resolve the dispute informally by emailing [email protected]; we'll try to resolve it within 30 days. If we can't, the exclusive venue for any dispute is the state and federal courts located in North Carolina, and each party consents to personal jurisdiction there. To the extent permitted by law, disputes will be resolved on an individual basis, and you and Neverclosed waive any right to participate in a class action.
We may update these Terms from time to time; the updated Terms are effective when posted with a new date. If a change materially affects your rights, we'll provide reasonable notice. Your continued use of the Service after the effective date means you accept the updated Terms.
You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. If any provision is unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver. Each party will protect the other's non-public, confidential information with reasonable care and use it only to perform under these Terms. You may not use or export the Service in violation of U.S. export-control or sanctions laws. These Terms, together with the Privacy Policy, are the entire agreement between you and Neverclosed about the Service and supersede prior agreements on the subject.
Questions about these Terms? Email [email protected].