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Hootsuite Generative AI Chatbot Terms

Last modified: August 28, 2024

These Chatbot Terms (the “Chatbot Terms”) apply to your use of the Generative AI Chatbot (the “Chatbot Services”) and are incorporated into, and form part of, the terms applicable to your access and use of the Enterprise Services or Self-Serve Services, as applicable, (including, without limitation, the Acceptable Use Rules and AI Terms) (collectively, the “Agreement”). Capitalized terms not defined in these Chatbot Terms have the meanings given to them in the Agreement. In the event of a conflict between the Agreement and the Chatbot Terms, the Chatbot Terms will apply. Hootsuite may update the Chatbot Terms from time to time. You are responsible for regularly reviewing the most current version of the Chatbot Terms. When we change the Chatbot Terms, we will update the “Last Modified” date above.


1. Hootsuite Terminology.

“AI Chatbot” is the AI Functionality of the Chatbot Services.

“AI-Powered Services” are product features accessible in the Services offering artificial intelligence capabilities including, but not limited to, OwlyWriterAI, Hootsuite Listening and Generative AI Chatbot. 

“AI Functionality” is the underlying artificial intelligence functionality enabling the AI-Powered Services.

“AI Service Providers” are third-party service providers that Hootsuite relies on to provide certain AI Functionality. A list of AI Service Providers is available at https://www.hootsuite.com/legal/ai-provider-list.  

“Conversation” means an exchange of messages and/or other Interactions (as defined below) occurring on or through the Chatbot Services between the AI Chatbot and an End-User. All Conversations are deemed Messaging Content.  A Conversation is considered a “Closed Conversation” when a period of 60 minutes or longer has elapsed since the last Interaction.

“End Users” are the persons, human or otherwise, interacting and communicating with you and your Authorized Users via the Chatbot Services.

“End User Input” any Content that an End User inputs into the Chatbot Services.

“FAQ Content” is Content you include in, add to, or otherwise input into the Chatbot Services FAQ. FAQ Content is Customer Content.

“Interaction” means any engagement with the Chatbot Services including, but not limited to (i) text; (ii) a graphical control element (i.e. an emoji), or (iii) other form of engagement offered by the Chatbot Services, sent by an End-User, Customer or the AI Chatbot. 

“Messaging Content” is Submitted Content and Customer Content to the extent it is included only in private text messages (including sent through messaging services, such as WhatsApp and WeChat) and private direct messages sent through Social Networks, sent to and from Customer, including by Authorized Users.

“Outputs” are any information and data (such as, but not limited to, text, images, photos, videos, audio and documents) generated by AI-Powered Services based on any Content inputted into or connected to (for example, via API) an AI-Powered Service. 


2. Chatbot Services

The Chatbot Services is an AI-Powered Service that allows anyone to communicate or otherwise engage with the Customer via a chat widget on the Customer’s website or through a Third-Party Service. The AI Chatbot accesses and interacts with FAQ Content to generate and display Outputs that are received and viewed by the End User. 


3. Chatbot Conversations 

A unique Conversation (i.e. one (1) Conversation), for the purposes of calculating fees, begins at the time of:

(a) an initial Interaction (i.e. either an End User begins a Conversation in the Chatbot Services with the AI Chatbot or vice versa); or 

(b) a Closed Conversation is reopened by a subsequent Interaction initiated by either an End User or the AI Chatbot.


4. Chatbot Services Fees

For the purpose of calculating Fees for Chatbot Services, the total number of unique Conversations used is the sum of all Conversations.  All Conversations in excess of the Conversations allowed during the Term (as indicated in the Authorization Form or similar) may, in Hootsuite’s sole discretion and determination, (a) be subject to a additional fees for such Conversations (which will be separately invoiced to the Customer) or (b) require a Customer to purchase more Conversations. Unused Conversations are not transferable from one Term to another or otherwise, nor will a Customer be entitled to a refund for any unused Conversations. Customer acknowledges and agrees that Customer will be responsible for any applicable Fees imposed by any Third-Party Services provider (including without limitation any applicable WhatsApp Business messaging charges as published at https://developers.facebook.com/docs/whatsapp/pricing/). 


5. Customer Responsibilities

As between Customer and Hootsuite, Customer is solely responsible for:

  1. obtaining any requisite permission(s) from End Users for use of their data in connection with the Chatbot Services; 

  2. Customer’s access to and/or use of any End User Inputs and/or Outputs; and

  3. the FAQ Content (including any subsequent modifications to the FAQ Content) including ensuring the FAQ Content (i) is and will be accurate, appropriate and up-to-date and (ii) complies with applicable laws and third-party rights including intellectual property rights (if any). 

Hootsuite is not responsible for any End User Input or for monitoring or vetting End User Inputs or Outputs.


6. Google Maps Privacy Terms

The terms in this section only apply if Customer uses Chatbot Services that incorporate Google Maps. Hootsuite makes Google Maps available in its Chatbot Services as an optional feature to help individuals find Customer’s store or office location. By making use of the Google Maps feature, Customer agrees that Hootsuite will share Messaging Content with Google. Google acts as an independent controller or business of such personal data contained in Messaging Content and will process this personal data in accordance with Google’s privacy policy. In addition, and as part of Hootsuite’s agreement with Google for the use of Google Maps as part of its Chatbot Services, Hootsuite must agree to the Google Controller-Controller Data Protection Terms and the Controller SCCs (collectively, the “Google C2C Terms”). 

Since Hootsuite remains a processor of the personal data in Messaging Content under the Agreement, Hootsuite is required to ensure Customer, as an end controller of personal data in Messaging Content, complies with the Google C2C Terms. Consequently, Customer hereby authorizes Hootsuite to enter into the Google Google C2C Terms on its behalf and Customer shall comply with the terms thereunder. For the purpose of this Section, “Google” means the relevant Google entity processing personal data in Messaging Content, which may differ depending on the origin of personal data in Messaging Content, but includes Google LLC, Google Cloud Canada Corporation and/or another Google affiliated entity.