OnChaty ("we", "us", or "our") may revise these Terms of Service (these "Terms") for its Services at any time. By using the Services you agree to be bound by the then-current version of these Terms. Please read these Terms carefully before you start using our software.
The purpose of these Terms is to define:
Before using any of the Features, you must first agree to these Terms. By accessing the Features or otherwise using them, you expressly confirm that you fully and irrevocably agree to these Terms. You also agree that personal data and electronic communications on our Site or through the use of the Features will be processed in accordance with our Privacy Policy.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version will always be posted on the Site, and you are responsible for reviewing and becoming familiar with any modifications. You will be deemed to have accepted all modifications by continuing to use all or part of the Features.
Provider. Unless specified otherwise in these Terms or on the Site, the Site is operated and the Features are offered by OnChaty.
Eligibility. You represent and warrant that you are fully able and competent to enter into and comply with these Terms. Access to the Features is intended primarily for legal entities and professionals acting for purposes within the scope of their commercial activity; if you contract on behalf of an organization, you represent that you have the necessary authority to bind it. In the case of a trial or "Free" offer — the only cases where subscription is open to individuals — you represent that you have reached the age of majority required in your jurisdiction. You are solely responsible for compliance with all applicable laws in your jurisdiction.
The main Features offered by OnChaty include:
The accessible Features vary according to the selected subscription, as detailed on the Site. We are continuously improving the Service and may add, change, or remove Features from time to time, and may suspend the Service temporarily for maintenance or reasons beyond our reasonable control.
You are required to pay the fees for the use of the Features as indicated on the Site. The fees vary according to the subscription you select and are paid in advance, either monthly or for a period of twelve (12) months in the case of an annual payment option. Unless you cancel before the end of the current billing period, your subscription will automatically renew at the then-current rate.
OnChaty does not refund the fees for the use of the Features, whether paid on an annual or monthly basis. In particular, the lack of use of the Features following payment, the deactivation of the account, or the transmission of a termination request does not entitle you to a refund. We reserve the right to change the fees or billing terms from time to time upon reasonable prior notice; changes will not apply retroactively to the current billing period. The accepted payment methods are those listed on the Site at the time of payment.
To use the Features, you must first register with OnChaty by creating a user account ("Account"). All information you provide in connection with registration must be true, accurate, and complete. If we have reason to believe that such information is not true, accurate, or complete, we may refuse, deny, terminate, or suspend your access to the Site or any of its functionalities.
You may not use the Features or create an account on behalf of someone other than yourself or the organization you are authorized to represent. You are responsible for keeping your account password and login information confidential, for not sharing them with anyone else, and for immediately notifying us of any unauthorized use of your Account or breach of security. Providing false or fraudulent information is strictly prohibited and may lead to suspension or termination of your Account.
Termination by OnChaty. We may, at any time and without liability, terminate, suspend, or limit your use of the Features if: (a) you fail to pay the applicable fees; (b) we reasonably suspect you of acting in breach of these Terms; (c) we are required to do so by applicable law or any competent authority; (d) we have concerns about the security of your account or suspect fraudulent or unauthorized use; or (e) we reasonably believe it is necessary to protect our reputation. You shall not be entitled to any payment, compensation, or damages in relation to such suspension, limitation, or termination due to a breach of these Terms.
Termination by you. You may terminate your subscription at any time. For a monthly subscription, termination becomes effective from the first day following the monthly period during which it was notified. For an annual subscription, termination becomes effective from the first day following the relevant annual period. Access to the Features remains in effect until the effective date of termination, and no refund of fees, whether paid on an annual or monthly basis, shall be granted.
Consequences. Upon the effective date of termination, your right to use the Features will cease, you must stop all use of the Service, and we may delete or anonymize your data in accordance with our Privacy Policy. Provisions that by their nature should survive termination will continue to apply.
You assume full responsibility for your use of the Site and the Features and agree to use them in compliance with all applicable laws. In particular, you agree not to:
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including suspending or terminating accounts.
The Service, including all software, designs, text, graphics, logos, and trademarks, is owned by OnChaty and its licensors and is protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms. Any feedback or suggestions you provide may be used by us without obligation to you.
You retain ownership of the content, messages, and data that you and your customers submit through the Service ("Your Content"). You grant OnChaty a worldwide, non-exclusive, royalty-free license to host, store, process, and transmit Your Content solely as necessary to provide and improve the Service. You are responsible for Your Content and for ensuring you have the necessary rights and consents to use it within the Service.
You expressly acknowledge and agree that your use of the Service is at your sole risk. The Features and access to the Site are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that access to the Site and the Features will be continuous, uninterrupted, timely, or secure, and you acknowledge that the Service may contain bugs, may experience downtime, and may be modified at any time, with or without notice.
To the maximum extent permitted by law, neither OnChaty nor its suppliers or licensors shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, arising from or related to the Site, the Features, your use of or inability to use them, unauthorized access to or alteration of your data, or any other matter relating to the Service. Our total aggregate liability for any claims arising out of these Terms or the Service shall not exceed the amounts you paid to us for the Service in the twelve (12) months preceding the claim.
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which OnChaty is established, without regard to conflict-of-law principles. We may update these Terms from time to time to reflect changes in our Services or for legal reasons; your continued use of the Service after such changes constitutes acceptance.
If you have any questions about these Terms, please email us at [email protected].