Customer Subscription Agreement

1. Your Order

Your checkout page or other written order summary (“Order”) identifies the products and services you are purchasing, including:

• selected LucidChat subscription;
• applicable monthly subscription price;
• setup or training fees;
• trial terms, if any;
• included usage;
• add-ons;
• discounts or promotional terms;
• amount due today; and
• future recurring charges.

Your Order is incorporated into this Agreement.

If there is a conflict concerning specific pricing, products, quantities, discounts, or billing dates, the Order presented and accepted at checkout controls those commercial details.

2. LucidChat Services

Depending on your Order, your subscription may include:

When a checkout or written offer includes 1,000 AI usage credits per month, those credits are service-usage units and do not represent a guaranteed number of messages, replies, conversations, leads, appointments, or completed business results. Credit consumption can be fractional or can use more than one credit depending on the selected AI model, tools, and automated operations used.

Included AI usage credits reset at the start of each billing cycle and do not roll over unless the applicable checkout or written order expressly says otherwise. When the available balance is exhausted, affected AI activity may pause or require an authorized top-up. LucidChat will not silently enable or charge an undisclosed usage overage or automatic credit purchase.

• Chat AI Employee – AI-powered website chat and supported messaging capabilities for answering questions, capturing leads, qualifying prospects, assisting with appointment booking, and related customer engagement.
• Voice AI Employee – AI-powered telephone capabilities for handling supported inbound calls, answering routine questions, capturing and qualifying opportunities, assisting with appointments, routing conversations, and related functions.
• Complete AI Employee – the applicable combination of Chat AI and Voice AI services.

Features may vary based on configuration, integration availability, usage allowances, and your selected plan.

Supported messaging capabilities means that a channel may be technically available when separately configured. It does not mean every channel is included or activated, and it does not include third-party messaging or telecommunications charges unless the applicable checkout or written order expressly says so.

WhatsApp, SMS, and other provider or carrier channels may have separate number-rental, connection, registration, template, conversation, service-message, delivery, carrier, or platform fees. Depending on the selected connection, the Customer may be billed directly by Meta, Twilio, or another provider, or LucidChat may bill or pass through charges disclosed before activation. AI usage credits are separate from messaging delivery fees, and a provider may charge separately for each message when one AI reply is split across multiple messages.

3. Setup & Training

Unless expressly waived or modified in your Order, LucidChat may charge a one-time AI Employee Setup & Training fee.

Setup may include business-information review, website analysis, knowledge configuration, AI behavior configuration, lead-handling instructions, testing, and other onboarding work.

You are responsible for providing accurate information and reasonably requested access, content, approvals, integrations, and business details needed to configure the Service.

Except where expressly stated otherwise or required by law, setup and implementation fees are non-refundable once setup work has begun.

4. Subscriptions and Automatic Renewal

LucidChat subscriptions are billed in advance on a recurring basis according to the billing interval shown at checkout.

Unless canceled:

• your subscription automatically renews;
• the payment method associated with your account may be automatically charged; and
• applicable taxes and approved recurring charges may also be collected.

Your checkout will identify the amount charged initially and the amount and frequency of future recurring charges.

By completing checkout, you authorize LucidChat and its payment processor to charge those amounts until you cancel or modify your subscription.

5. Trials

LucidChat may offer an authorized trial to certain customers.

The exact trial duration, products included, usage limitations, billing date, setup-fee treatment, and conversion terms will be displayed before you begin the trial.

If payment information is collected for a trial that automatically converts to a paid subscription, the checkout page will identify:

• the trial period;
• when billing begins;
• the subscription price after the trial; and
• how to cancel before being charged.

No subscription commission, customer obligation, or paid term should be inferred solely from promotional language; the terms shown in your accepted Order control.

6. Voice Minutes

Voice AI subscriptions may include a monthly allowance of Voice Minutes as stated in your Order.

Included Voice Minutes reset at the start of each billing cycle and do not roll over.

Purchased Voice Minutes are used after included minutes. They do not expire while Voice service remains active.

If Voice service ends, unused purchased Voice Minutes become dormant and cannot be used or refunded while service is inactive. The remaining balance is restored if eligible Voice service is reactivated on the same account.

• Voice Minutes cannot be transferred between unrelated accounts; and
• Voice Minutes have no cash value.

LucidChat may offer separately purchased Voice Minute packs.

Purchased add-on Voice Minutes are applied after payment is successfully collected.

LucidChat may offer optional automatic Voice Minute refills. Automatic refill will not be enabled without affirmative Customer authorization.

Voice usage pricing, package sizes, and allowances may change prospectively.

7. Usage Exhaustion

If available Voice Minutes are exhausted, LucidChat may limit or pause new Voice AI call handling until additional minutes are purchased or a new included allowance becomes available.

Where technically feasible, LucidChat will not intentionally terminate an active call solely because the applicable Voice Minute balance reaches zero during that call.

Actual behavior may be affected by telephony carriers, AI providers, third-party systems, outages, or other technical conditions.

8. Upgrades

Subscription upgrades generally take effect immediately.

If you upgrade during a billing cycle, LucidChat may use its payment processor’s proration system to charge the applicable prorated difference for the remainder of the current billing period.

Your normal renewal date generally remains unchanged unless otherwise disclosed.

If adding a second service qualifies your account for a bundled plan, LucidChat may automatically convert your subscription to the applicable bundle pricing.

9. Downgrades

Unless otherwise stated, subscription downgrades take effect at the beginning of your next billing cycle.

You retain access to your currently paid service level through the remainder of that billing period.

Mid-cycle downgrades generally do not produce prorated refunds or credits.

10. Cancellation

You may cancel your subscription through the available billing/customer portal or other cancellation method provided by LucidChat.

Unless otherwise stated:

• cancellation stops future renewal charges;
• service remains available through the end of the already-paid billing period; and
• cancellation does not automatically entitle you to a refund of previously collected charges.

11. 30-Day Money-Back Guarantee

For eligible first-time paid subscription purchases, LucidChat currently offers a 30-day money-back guarantee.

Unless expressly stated otherwise, the guarantee applies to the eligible subscription charge and does not apply to:

• setup or implementation fees;
• Voice Minute packs;
• Chat usage top-ups;
• usage overages;
• telecommunications charges;
• renewals;
• custom services;
• previously refunded accounts; or
• abuse of trials, promotions, or refund policies.

Nothing in this Agreement limits refund rights that cannot lawfully be waived.

12. AI Outputs and Customer Oversight

LucidChat uses artificial intelligence.

AI-generated responses may occasionally be inaccurate, incomplete, outdated, or inappropriate.

You are responsible for:

• providing accurate business information;
• reviewing your AI Employee configuration;
• monitoring its use;
• determining whether responses are appropriate for your business;
• maintaining appropriate human oversight; and
• complying with laws applicable to your industry and customers.

LucidChat does not guarantee specific leads, sales, appointments, revenue, conversion rates, or other business results.

13. Voice AI, Telephone and Recording Compliance

You are responsible for ensuring your use of Voice AI complies with applicable telephone, privacy, recording, disclosure, marketing, and consent laws.

Where calls are recorded or transcribed, you are responsible for providing or enabling legally required notices and obtaining required consent.

Where AI-generated voice technology is used for outbound calling, you are responsible for ensuring all legally required authorization and consent have been obtained before initiating such calls.

You may not use LucidChat Voice AI for unlawful robocalling, spoofing, deceptive impersonation, harassment, emergency communications, or other prohibited purposes.

Voice AI is not an emergency-response service and must not be used as a substitute for 911 or other emergency services.

The FCC has confirmed that AI-generated voices fall within restrictions applicable to artificial or prerecorded voices under the TCPA, so this is an area where the agreement and product controls should remain conservative. Federal Communications Commission

14. Customer Data and Privacy

Your use of LucidChat is also governed by our Privacy Policy.

You are responsible for having the legal right to provide business information, customer information, conversation data, telephone data, and other material processed through your account.

LucidChat may process such information as necessary to provide the Service through its infrastructure and applicable service providers.

15. Third-Party Services

LucidChat relies on third-party services that may include AI providers, telephony carriers, transcription providers, voice providers, hosting companies, payment processors, messaging platforms, scheduling systems, and other integrations.

LucidChat does not control the uninterrupted operation of third-party services and cannot guarantee their continued availability.

16. Acceptable Use

You may not use LucidChat to:

• violate applicable law;
• send unlawful spam or telemarketing;
• impersonate a person or business deceptively;
• collect information without legally required notice or consent;
• provide regulated professional advice without appropriate oversight;
• process protected health information unless expressly authorized;
• commit fraud;
• harass or threaten others;
• compromise security; or
• abuse platform resources.

Additional acceptable-use requirements contained in the Terms of Service apply.

17. Service Availability

LucidChat aims to provide reliable service but does not guarantee uninterrupted availability.

Temporary interruption may result from maintenance, software updates, internet outages, telephony carriers, AI providers, third-party systems, security incidents, or circumstances outside LucidChat’s reasonable control.

18. Intellectual Property

LucidChat retains ownership of the LucidChat platform, software, branding, workflows, technology, prompts, templates, designs, and other proprietary materials.

You retain ownership of Customer Data as provided in the Terms of Service.

19. Suspension and Termination

LucidChat may suspend or terminate service for:

• nonpayment;
• material violation of this Agreement or the Terms;
• fraud or abuse;
• unlawful activity;
• security risk; or
• other circumstances permitted under the Terms.

20. Terms of Service; Liability and Disputes

The LucidChat Terms of Service are incorporated into this Agreement and contain additional provisions regarding:

• warranties;
• AI limitations;
• intellectual property;
• confidentiality;
• limitation of liability;
• indemnification;
• dispute resolution;
• arbitration;
• class-action waiver; and
• governing law.

Those provisions remain fully applicable unless this Agreement expressly states otherwise.

21. Changes

LucidChat may update this Agreement prospectively.

Material changes affecting active customers will be handled in accordance with applicable law and the notice procedures in our Terms.

Changes will not retroactively alter charges already incurred.

22. Electronic Acceptance

By affirmatively checking the agreement box at checkout and completing your transaction, you confirm that:

• you had an opportunity to review this Agreement;
• you agree to this Agreement;
• you agree to the Terms of Service and Privacy Policy;
• you authorize the charges displayed in your Order; and
• you have authority to bind the purchasing business.

LucidChat may retain electronic records of your acceptance, including the agreement version, Order, date and time, transaction identifier, and related technical records.

Digital Alchemy Group, LLC d/b/a LucidChat

1704 Llano St. Ste B 1114

Santa Fe, NM 87505