The Terms of Service ("Agreement") is entered into by and between the Pubble SaaS Ireland Ltd. entity ("Chatify") and the entity or person creating an account for accessing any of the Chatify Services ("Customer" or "You"). If you are accessing or using the Services on behalf of your company, you represent that you are authorised to accept this Agreement on behalf of your company, and all references to "Customer" or "You" reference your company.
You agree to comply with all applicable Laws in its use of the Services. You will not engage in any unsolicited advertising, marketing, or other such activities using the Services. By indicating your acceptance of this Agreement or accessing or using any Services, you are agreeing to be bound by all terms, conditions, and notices contained or referenced in this Agreement. If you do not agree to this agreement, you are not permitted to use any Chatify Services. Each party expressly agrees that this agreement is legally binding upon acceptance by you.
|1.1||The following definitions shall apply for the purposes of the Terms of Service:|
|Agreement||means the Terms of Service as described herein;|
|Customer or You||means the entity or person creating an account for accessing any of the Chatify Services;|
|GDPR||means regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data;|
|Personal data, Content or Your data||means any information processed by Chatify under the Agreement including but not limited to data, content, code, video, images or other materials of any type uploaded, submitted or otherwise transmitted to or through the Chatify Services by anyone authorised by you to use your account or relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;|
|Service(s)||means Chatify's proprietary Software-As-A-Service web service made available to the Customer on creation of a Chatify account;|
|Laws||means all applicable local and international laws, including but not limited those related to data privacy, protection and data transfer;|
|User||means the "data-subject" as defined in the GDPR.|
2. Chatify Services
2.1 - Chatify offers Software-As-A-Service (SAAS) to Customers. The Services are designed to enable Customers to communicate with their online visitors efficiently. A dashboard and admin centre is provided for accessing and managing Customer Data. The Customer may import and export Customer Data between the Services and certain Third-Party Platforms through supported integrations. The Services also include Chatify Code deployed on Customer websites to enable Live Chat and Questions and Answers (Q&A) functionality. The Services are provided on a 1-year renewable subscription basis.
2.2 - The Customer may access and use the Services solely for its own benefit in accordance with the terms and conditions of this Agreement. Use of and access to the Services is permitted only by those who are authorised by the Customer to use the Service. You will be responsible for any and all actions taken using your Customer accounts and passwords.
2.3 - Subject to all of the terms and conditions of this Agreement, Chatify grants the Customer a limited, non-transferable, non-sublicensable, non-exclusive license, for the duration of the Subscription Term, to use the Chatify code internally for the Chatify App or Apps that the subscription applies to solely to support Customer's use of the Service. The Customer must implement Chatify Code on the Customer website(s) in order to enable features of the Services. The Customer acknowledges that any changes made to the Chatify code by the Customer may cause the Services to cease working or function improperly and that Chatify will have no responsibility for the impact of any such Customer changes.
2.4 - The Customer may use the Services in accordance with the terms and conditions of this Agreement. Our free account includes a maximum of 100 conversations per month. All functionality and features of the Service may not be included in the free plan. Above 100 conversations per month, the customer is required to enter a paid plan, to continue using the service.
3. Subscription Terms and Conditions
3.1 - You must be 16 years or older to use this Service.
3.2 - You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3.3 - You must provide your name, a valid email address and any other information requested in order to complete the signup process.
3.4 - Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
3.5 - You are responsible for maintaining the security of your account and password. Chatify cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3.6 - One person or legal entity may not maintain more than one free account.
3.7 - You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.8 - Chatify may access your account or contact you by phone or email in order to respond to your support requests.
3.9 - We may use your email address to send you information about your account, our Service, or your use of this Service.
4. Personal Data
4.1 - Chatify will only collect, process or use Personal Data collected on behalf of our Customers for the purposes of providing the Services and in compliance with the instructions of the Customer. Strict privacy settings are applied to personal data by default.
4.2 - For data subjects based in the EU, certain regulations apply to personal data stored on behalf of data subjects as set out by the GDPR. For personal data collected in the EU, the Customer will comply with the provisions of the GDPR in the context of its obligations as controller to the extent applicable.
4.3 - Chatify agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorised access, use, alteration or disclosure of any Service or Customer Data. Chatify will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond Chatify's control.
5. Fees and Payments
5.1 - You agree to pay to Chatify any fees for each Service you use in accordance with pricing and payment terms for the Service. Pricing details are available here.
5.2 - Chatify operates a subscription-based model and offers a number of plans based on usage of the Service. The Subscription is billed monthly or annually in advance unless otherwise agreed in writing with Chatify.
5.3 - An upgrade from the free plan to any paying plan will end your free usage. Additionally, should you exceed the usage terms of a selected plan, you will need to upgrade your plan. You will be billed for your first month immediately upon upgrading.
5.4 - All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
5.5 - Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Chatify does not accept any liability for such loss.
5.6 - Chatify reserves the right to modify the Service price at any time. You will be notified of any price changes to the Service. With the exception of upgrading or downgrading your plan, the price changes will take effect on renewal of your subscription.
6. Cancellation and Termination
6.1 - This Agreement begins on your acceptance of the Chatify Terms and conditions and expires on expiration, cancellation or termination of the subscription.
6.2 - You have the right to cancel the service at any time by written notification (email or otherwise) to Chatify. If you cancel the Service before the end of your Subscription term, you will be refunded for any outstanding period of the Subscription term excluding any outstanding period for the month in which the notice of cancellation was given.
6.6 - All of your Content will be immediately deleted from the Service one month following cancellation or non-renewal of subscription. You may request in writing to have the Content deleted immediately on termination. The Content cannot be recovered once deleted. It's important that you download your Content before cancellation if required.
6.4 - Failure to renew your subscription by the renewal date could result in suspension or termination of the Service.
6.5 - Chatify, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any breach of the agreement. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
6.6 - Chatify shall not be liable to you or to any third party for any modification, suspension or termination of the Service.
6.7 - Chatify reserves the right to refuse sign up to the Service to anyone for any reason at any time.
7. Copyright and Ownership
7.1 - All content posted on the Service must comply with copyright law under the jurisdiction of the customer. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7.2 - You will retain all right, title and interest in and to Your Data in the form provided to Chatify. By submitting, posting or displaying the Content, and subject to the terms of this Agreement, You herby grant Chatify and its affiliated companies, sublicensees (including third parties products, technologies and services that use or interface with the Chatify service), a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to provide the Service to you and (b) for Services that enable you to share your data or interact with other people to distribute and publicly display your data as you or your authorised users direct or enable through the Service.
7.3 - Chatify does not pre-screen Content, but Chatify has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
7.4 - The agreement entered into between Chatify and the Customer is a subscription agreement for access to and use of the Services. The Customer acknowledges that it is obtaining only a limited right to the Services and that irrespective of any use of the words "purchase", "sale" or like terms in this Agreement, no ownership, intellectual property or other such rights of the Service are being conveyed to Customer under this Agreement.
8. Misconduct and/or Abusive User Behaviour
While Chatify prohibits such conduct and Content on the Service, you understand and agree that Chatify cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. Chatify provides tools such as IP ban to help limit abusive behaviour but this does not mean that such behaviour is fully preventable. You agree to use the Service at your own risk.
9. Limit of Liability & Indemnification
9.1 - You expressly understand and agree that Chatify, its directors and employees shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses in any way relating to or arising from this agreement. Chatify's entire liability to the Customer arising out of or related to this agreement shall not exceed the amount paid by the Customer to Chatify during the prior twelve (12) months under this agreement.
9.2 - You agree to defend, indemnify and hold harmless Chatify, its directors and employees, for any losses, costs, liabilities and expenses, including legal costs, relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms, any claims arising from the content you submit, post, transmit or make available through the Services, and any misuse of the Services or claims against Chatify by any of your users of the Service.
10. Modifications to this Agreement
Chatify reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Unless otherwise specified by Chatify, any changes become effective for Customer upon renewal of Customer's current Subscription Term. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time here.
As always, if you have any questions, just send us a message and we will be happy to help!
Revised: 01st Feb, 2019