Terms of Service

Last modified: November 3, 2023

1. Introduction

Terms of Service (referred to as "Terms") serve to establish the guidelines for using the Service and to elucidate the legal relationship between the entity utilizing the Service and and Chat Data("Company"). The Company operates web pages found at chat-data.com ("Website") and provides the Service (as defined in Section 2 below).

The Service is intended for professional entities to facilitate their business operations. By using the Website and/or the Service in any manner, including completing the Account registration process, the User or Guest affirms that:

(i)They have read, comprehended, and accepted the provisions outlined in these Terms and the Privacy Policy.
(ii) Their age and legal capacity allow them to enter into an agreement with the Company.
They possess the authority to act on behalf of the entity they represent, and their declarations carry legal weight.

Should the User disagree with the Terms and choose not to operate under them, they should refrain from using the Service. However, in such an event, the User may contact the Company by emailing at [email protected] to explore potential solutions.

2. Definitions

Unless otherwise specified, the capitalized terms below have the following meanings:

Account – Refers to the personalized dashboard provided to the User for accessing the Service and/or the Website.

Agreement – Denotes a subscription agreement that may be entered into between the User and the Company, outlining the scope and cost of using the Service.

API – Signifies the Chat Data application programming interface designed for integration with the User's software.

Company – Represents Chat Data.

Content – Encompasses the materials, such as text, images, and other media, which the Guest or User posts, presents, or sends on the Website or through the Service.

Device – Refers to electronic devices like computers, phones, smartphones, tablets, or other equipment that allows web browsing.

Guest – Indicates an entity browsing the Website.

Intellectual Property – Includes designations, inventions, utility models, industrial designs, creative works, and other expressions of creative activity subject to the exclusive rights of the Company.

Licence – Denotes a non-exclusive right for personal use of the API and/or the Widget.

Link – Represents a hyperlink leading to other websites.

Mobile Device – Refers to portable devices like phones, smartphones, tablets, or other electronic equipment that can access the Website and/or the Service.

Notification – Signifies messages sent to the User as part of the Service.

Other Websites – Includes websites distinct from the Website.

Password – Refers to the User's anonymized verification tool, granting access to the Account. It is a sequence of characters entered using the computer or Mobile Device keyboard, allowing the User to compose text messages with a minimum length and configuration defined by the User, comprising at least 8 characters.

Privacy Policy – Represents the Privacy Policy, establishing the guidelines for the processing of personal data by the Company, accessible at the following address: https://www.chat-data.com/terms.

Service – Encompasses the Website, Widget, and/or the API (depending on the scope assigned to a specific User as per the Agreement).

Terms – Refers to these terms of service accessible at the following address: https://www.chat-data.com/terms.

User – Denotes an entity that possesses an Account.

Website – Signifies the web pages located at www.chat-data.com.

Widget – Represents a Chat Data widget that can be integrated into the User's website.

The aforementioned definitions maintain their meaning whether expressed in the singular or plural form

3. General Rules

Utilizing the Service constitutes complete agreement with these Terms. It's important to note that the Terms exclusively govern the relationship between the Company and the Guest or User. In the event that the Service and/or the Website offer the potential for third-party service providers, these services will be subject to the rules and regulations set forth by those entities, and they alone will bear responsibility for delivering those services, unless the Terms explicitly state otherwise.

Every entity utilizing the Service and/or the Website is obligated to do so in accordance with its intended purpose as defined by these Terms. Accessing the Website is permitted provided that the Device meets the following minimum technical requirements in combination:

Here are the revised technical requirements for using the Service components:

For Access to the Website:

Internet connectivity is available.
The Device supports the launch of one of the following internet browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge.
The internet browser version in use is not more than one year old.
JavaScript is enabled.

For Utilizing the API:

Internet connectivity is available.
The Device is equipped with software that enables the sending of HTTP requests.

For Access to the Website:

Internet connectivity is available.
The Device supports the launch of one of the following internet browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge.
The internet browser version in use is not more than one year old.
JavaScript is enabled.

These requirements are essential for effective use of the respective Service components.

4. Account

To establish an Account, visit the Website. The Account setup process requires either logging in via your Facebook or Google account, or registering by providing an alternative personal email and creating a Password. When creating your Account, it's essential to furnish us with accurate, complete, and up-to-date information consistently. Providing information that is inaccurate, incomplete, or outdated may lead to the immediate termination of your Account on the Website and the Service.

You bear the responsibility of maintaining the confidentiality of your Account and Password. This includes, but is not limited to, restricting access to your Device or Mobile Device and/or your Account. You agree to assume responsibility for all activities or actions conducted under your Account and/or Password, whether your Password pertains to our Website and Service or a third-party service.

In the event of a security breach or unauthorized use of your Account, it is your obligation to promptly inform us. It is not permissible to use as your username the name of another individual or entity, or a name that is unlawfully available for use, or a name or trademark subject to the rights of another individual or entity, unless you possess appropriate authorization to do so. Furthermore, usernames that are offensive, vulgar, or obscene are not permitted.

5. Communications

Upon creating an Account, you have the option to consent to receiving newsletters, marketing materials, promotional content, and other information that we may distribute.

6. Contests, Sweepstakes and Promotions

Promotions, including but not limited to contests, sweepstakes, or other similar activities (collectively referred to as "Promotions") offered through the Service or Website, may be subject to regulations distinct from these Terms, particularly as specified in the Agreement if one is entered into. If you choose to partake in any Promotions, we kindly request that you carefully examine the specific rules pertaining to the Promotion, along with our Privacy Policy. In cases where the rules of a Promotion are in contradiction with these Terms, the rules specific to that Promotion will take precedence.

7. Subscriptions

Certain aspects of the Service are subject to subscription fees ("Subscriptions"). These fees are billed in advance and follow a recurring, periodic schedule ("Billing Cycle"). The specific Billing Cycle, whether monthly or annually, is determined by the type of subscription plan you select when procuring a Subscription. At the conclusion of each Billing Cycle, your Subscription will automatically renew under the same terms and conditions, unless you opt to cancel it or the Company chooses to cancel it.

You retain the ability to discontinue your Subscription renewal, which can be done through your Account or by reaching out to the Company's customer support team at [email protected]. To facilitate the payment for your subscription, a valid payment method, such as a credit or debit card, Apple Pay, or Google Pay, is required. In this regard, you are responsible for providing the Company with precise and comprehensive billing information, encompassing (i) your full name, (ii) email address, (iii) country, (iv) the legal entity name of your business, (v) VAT tax number, and (vi) valid payment method details. By submitting this payment information, you automatically grant the Company authorization to charge all Subscription fees to your Account via the designated payment instrument.

In the event that automatic billing encounters any issues, the Company will issue an electronic invoice specifying that you must manually submit the full payment, within a stipulated deadline, corresponding to the billing period indicated on the invoice. The Company reserves the right to reject or annul your order at its discretion, based on factors including but not limited to service availability, inaccuracies in the service description or price, errors in your order, or other justifiable reasons. Additionally, the Company reserves the right to decline or revoke your order if there is suspicion of fraud, unauthorized or unlawful transactions. It's important to note that the Company holds no responsibility for any additional fees, including taxes, imposed by the relevant authorities in the country where the individual placing an order resides or is located. The payment of these supplementary fees remains the responsibility of the individual placing the order.

8. Fee Changes

The Company reserves the exclusive right to alter Subscription fees for the Subscriptions at any time. In the event of such a modification, the adjusted Subscription fee will take effect at the conclusion of the ongoing Billing Cycle. The Company will offer reasonable advance notice of any impending alteration in Subscription fees, affording you the opportunity to terminate your Subscription prior to the revised fees taking effect. Should you choose to continue using the Service after the Subscription fee change has been implemented, it will be considered your agreement to pay the newly adjusted Subscription fee amount.

9. Refunds

Unless obligated by legal requirements, paid Subscription fees are not eligible for refunds.

10. Content

Through our Service and Website, you have the capability to publish, link, store, share, and make available various forms of information, including text, graphics, videos, or other materials (referred to as "Content"). It is your responsibility, particularly to your customers, to ensure that the Content you post on or through the Service complies with legal standards, exhibits reliability, and maintains appropriateness.

By posting Content on or through the Service or Website, you affirm and guarantee that:

(i) The Content belongs to you (you hold ownership rights) and/or you have the requisite permissions to use it, as well as the authority to grant us the rights and licenses as outlined in these Terms.
(ii) The act of posting your Content on or through the Service does not infringe upon the privacy rights, publicity rights, copyrights, contract rights, or any other rights held by any individual or entity.

We retain the prerogative to terminate the Account of any User discovered to be in violation of copyright laws. You maintain all rights to any Content you submit, post, or display on or through the Service or Website, and you are responsible for safeguarding those rights. We assume no responsibility and bear no liability for any Content posted by you or any third party through the Service.

11. Prohibited Uses

Your use of the Service or Website must adhere to lawful purposes and conform to these Terms. You commit to refraining from utilizing the Service or Website:

In any manner that contravenes applicable national or international laws or regulations.
To exploit, harm, or endeavor to exploit or harm minors by exposing them to inappropriate content or any similar harm.
For the transmission or solicitation of advertising or promotional materials, including "junk mail," "chain letters," "spam," or any analogous forms of solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other individual or entity.
In ways that infringe upon the rights of others or involve illegal, threatening, fraudulent, or harmful activities. This includes participating in unlawful, illegal, fraudulent, or harmful purposes or activities.
To engage in any conduct that hinders or impedes the use and enjoyment of the Service or Website by others, or as deemed by us, may jeopardize or cause offense to the Company or

Users of the Service or Website, or expose them to potential legal liability. Furthermore, you agree not to:

Use the Service and Website in a manner that could potentially disable, overburden, damage, or impair the Service or Website, or disrupt the ability of other parties to engage in real-time activities through the Service or Website.
Employ any automated means, such as robots, spiders, or other similar processes, to access the Service or Website for any purpose, including the monitoring or replication of material found on the Service or Website.
Use manual processes for monitoring or copying material on the Service or Website or for any other unauthorized purpose without our prior written consent.
Utilize devices, software, or routines that interfere with the proper functionality of the Service or Website.
Introduce malicious or technologically harmful elements such as viruses, trojan horses, worms, logic bombs, or other detrimental materials.
Attempt unauthorized access, interference with, damage, or disruption of any component of the Service or Website, including the server hosting the Service or Website or any server, computer, or database connected to the Service or Website.
Launch attacks on the Service or Website, such as denial-of-service attacks or distributed denial-of-service attacks.
Take actions that could compromise or manipulate the Company's ratings.
Otherwise engage in activities that disrupt the normal operation of the Service or Website.

12. Analytics

We reserve the right to employ third-party service providers for the purpose of monitoring and analyzing the utilization of our Service and Website.

Google Analytics

We use third-party Service Providers to monitor and analyze the use of our Service. Google Analytics is a web analytics service provided by Google that allows website owners and marketers to track and analyze various aspects of their website's performance. It provides valuable insights into how users interact with a website, helping businesses and website operators understand their audience and improve their online presence. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/terms?hl=en. We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245 .

Mixpanel

Mixpanel is offered by Mixpanel Inc. If you wish to prevent Mixpanel from using your data for analytics purposes, you can choose to opt out. To do so, please visit this page: https://mixpanel.com/terms.

13. Intellectual Property

The Service, the Website, and their original content, excluding User-generated Content, along with their features and functionality, are and will continue to be the exclusive property of the Company and its licensors. The Service and the Website are safeguarded by copyright, trademark, and other legal protections in the United States and foreign jurisdictions. Our trademarks and distinctive design may not be employed in connection with any product or service without the prior written consent of the Company.

By utilizing the Service, both Guests and Users acknowledge that they do not acquire any rights to the Intellectual Property. The use of the Intellectual Property for purposes beyond those authorized for personal use, as defined in Article 23 of the Copyright and Related Rights Act of February 4, 1994, is strictly prohibited.

Upon the purchase of a Subscription, the User is granted a License that permits them to use the Service in compliance with the terms of the Subscription. This License is limited, non-transferable, revocable, non-exclusive, and is valid for the duration outlined in the Subscription terms. The User is not authorized to sublicense this License. The License is granted solely for the following forms of utilization:

Subscribing to and installing the Service on the User's website and/or software.
Employing the Service to serve the User's customers.

The User is prohibited from modifying, reverse engineering, decompiling, disassembling, or attempting to extract source code from the Service or the Website, or any part thereof. Additionally, the User is not permitted to create and/or publish APIs or engage in proxying access to the Service or the Website, nor are they allowed to utilize the Service or the Website in an automated fashion, such as through the use of machinery or computer programs.

14. Copyright Policy

We hold a strong commitment to respecting the intellectual property rights of others. Our policy is to promptly address any claim asserting that Content posted through the Service or on the Website infringes upon the copyright or other intellectual property rights of any individual or entity (referred to as "Infringement").

If you are a copyright owner or have authorization on behalf of one, and you believe that a copyrighted work has been copied in a manner that constitutes copyright Infringement, kindly submit your claim via email to [email protected]. Please use "Copyright Infringement" as the subject line for your email. In your claim, provide a comprehensive description of the alleged Infringement, as specified below in the "DMCA Notice and Procedure for Copyright Infringement Claims." It's important to note that making a misrepresentation or asserting bad-faith claims regarding the infringement of any Content discovered on or through the Service or Website, with respect to your copyright, may result in you being held accountable for damages, which could include costs and attorneys' fees.

15. DMCA Notice and Procedure for Copyright Infringement Claims

If you wish to submit a notification in accordance with the Digital Millennium Copyright Act (DMCA), please provide our Copyright Agent with the following written information (for further details, refer to 17 U.S.C 512(c)(3)):

An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
A description of the copyrighted work that you allege has been infringed, which should include the URL (i.e., web page address) where the copyrighted work can be located, or alternatively, provide a copy of the copyrighted work.
Identification of the URL or a specific location on the Service where the material you claim to be infringing is situated.
Your address, telephone number, and email address.
A statement from you asserting that you have a genuine belief that the disputed use is not authorized by the copyright owner, its agent, or the applicable law.
A statement made by you, under penalty of perjury, affirming the accuracy of the information provided in your notice and confirming that you are either the copyright owner or authorized to act on the copyright owner's behalf.

You can reach our Copyright Agent via email at [email protected].

16. Error Reporting and Feedback

The Company diligently strives, to the best of its abilities, to assist Guests and Users in resolving issues related to the operation of the Service. Additionally, the Company takes proactive steps to enhance the quality and functionality of the Service based on feedback and comments received from these entities.

You have the option to directly share information and feedback with us at [email protected] which may include insights into errors, suggestions for improvements, creative ideas, challenges, complaints, and other matters associated with our Service (referred to as "Feedback"). By providing Feedback, you acknowledge and agree to the following:

(i) You do not retain, acquire, or assert any intellectual property rights or any other rights, titles, or interests in or to the Feedback.

(ii) The Company may have development ideas similar to those contained in the Feedback.

(iii) Feedback does not encompass confidential or proprietary information belonging to you or any third party.

(iv) The Company is not bound by any obligation of confidentiality in regard to the Feedback.

In circumstances where the transfer of ownership rights related to the Feedback is not feasible due to mandatory applicable laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, cost-free, sublicensable, boundless, and enduring right to utilize the Feedback in any manner and for any purpose. This includes the rights to copy, modify, create derivative works, publish, distribute, and commercialize the Feedback.

17. Links to Other Websites

Our Service and/or Website may include hyperlinks to Other Websites that are neither owned nor controlled by the Company. It's important to note that the Company does not have authority over these Other Websites and assumes no responsibility for their content, privacy policies, or operational practices. We do not guarantee or endorse the offerings of these entities/individuals or the content available on Other Websites.

By using our Service, you expressly acknowledge and agree that the Company shall not bear responsibility or liability, whether directly or indirectly, for any damage or loss purportedly caused by, or in connection with, the use or reliance on any such content, goods, or services accessible through Other Websites. We strongly recommend that you carefully review the Terms of Service and Privacy Policies of any Other Websites you choose to visit.

18. Disclaimer of Warranty

The Services are provided by the Company on an "as is" and "as available" basis. The Company does not make any representations or warranties, either express or implied, regarding the operation of these Services or the information, content, or materials contained within them.

You expressly acknowledge and agree that your use of the Services, their content, and any services or items acquired from us is solely at your own risk. Neither the Company nor any individual associated with the Company provides any warranty or representation concerning the completeness, security, reliability, quality, accuracy, or availability of the Services.

To be clear, neither the Company nor any party associated with the Company represents or warrants that the Services, their content, or any services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted. We do not guarantee that defects will be corrected, that the Services or the server making them available are free from viruses or other harmful components, or that the Services or any services or items acquired through the Services will meet your specific needs or expectations.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise. This includes, but is not limited to, warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

19. Limitation of Liability

The Company shall not be held liable for the consequences of adhering to the content of tips, articles, or other publications on the Website or the Service, including content provided by the AI computer. You acknowledge that the AI computer, which generates content for the Service and/or the Website, is not an expert and may make mistakes. Therefore, you cannot rely on its answers or advice, particularly as a replacement for professional recommendations.

The Company is not responsible for the use of the Service and the Content provided by the Service to the User's customers. Additionally, the Company is not liable for the installation or dissemination of any malicious software, phishing attempts, or other practices carried out by third parties on the Service. The Company is also not liable for any disruptions in the operation of the Service.

Furthermore, the Company cannot be held responsible for the consequences of events categorized as force majeure, including power outages, fires, atmospheric phenomena, wars, riots, strikes, and other similar occurrences beyond the control of the Company.

To the extent permitted by law, you agree to indemnify and hold us, as well as our officers, directors, employees, and agents, harmless from any indirect, punitive, special, incidental, or consequential damages, regardless of how they arise. This includes attorneys' fees and all related costs and expenses associated with litigation, arbitration, trial, or appeal, if applicable, whether such proceedings are initiated or not. This indemnity applies to actions related to contract, negligence, or other tortious actions, or arising from these Terms and any violation by you of federal, state, or local laws, statutes, rules, or regulations, even if the Company has previously been advised of the possibility of such damages.

To the extent permitted by law, if liability is found on the part of the Company, it will be limited to the amount paid for the Services, and under no circumstances will there be consequential or punitive damages. Please note that some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the aforementioned limitation or exclusion may not apply to you.

20. The Guest’s/User’s Liability

The Guest and/or User bears full responsibility for the outcomes of authorized or unauthorized distribution of any content accessible through the Website or the Service. This responsibility specifically extends to Intellectual Property. In this context, it also involves the release of Company from any claims directed against Company.

The User assumes sole responsibility for any Content that is published, displayed, sent, or otherwise provided while using the Service to serve the User's customers.

21. Service breaks

The Company cannot guarantee uninterrupted access to the Service or the Website. The Company reserves the right to temporarily interrupt the operation of the Website or the Service or specific features. In the case of planned interruptions, the Company will provide notice through information or messages on the Website or via the email address provided during Account setup, at least 3 days in advance.

In the event of unforeseen interruptions in the operation of the Website or the Service or specific features, the Company will promptly notify users through relevant information or messages on the Website or via the provided email address.

By accepting these Terms, users acknowledge and approve that the Services may not be 100% reliable.

22. Personal Data Protection and Security

The Company handles personal data with utmost care and implements appropriate technical and organizational security measures. You can find comprehensive information about personal data protection in our Privacy Policy.

It's important to note that the Company is not responsible for the protection of personal data belonging to the User's customers who use the Service. Additionally, the Company is not liable for the content and privacy protection regulations on Other Websites, including those linked through our service.

The Company is not liable for any damages arising from interactions with Other Websites, including the posting of personal data or other information on them. We strongly recommend that you review the data protection and privacy regulations of Other Websites, especially those linked through our service, before using them, particularly if you plan to share personal data or other significant information.

23. Termination

We reserve the right to immediately suspend or terminate your Account and access to the Service without prior notice or liability. This action will be taken under our sole discretion and may be based on any reason, including but not limited to a violation of our Terms.

If you decide to terminate your Account, you can do so by discontinuing your use of the Service. Certain provisions of the Terms that naturally extend beyond termination will continue to apply, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

24. Governing Law

Governing Law: These Terms are governed and interpreted in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Non-Waiver: Our failure to enforce any right or provision within these Terms does not imply a waiver of those rights.
Severability: If any provision of these Terms is determined to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Entire Agreement: These Terms constitute the entire agreement between you and us concerning our Service and replace any prior agreements that may exist between us regarding the Service.

25. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

26. Amendments To Terms

Amendment Procedure: We reserve the right to amend these Terms at any time by posting the revised terms on this site.
Your Responsibility: It is your responsibility to periodically review these Terms for updates. Your continued use of the Platform after the posting of revised Terms signifies your acceptance of and agreement to the changes.
Frequent Check: We recommend checking this page regularly to stay informed about any changes as they become binding on you. Your ongoing access or use of our Service after the revisions take effect indicates your consent to be bound by the updated terms.
Non-Acceptance: If you do not agree to the new terms, you are no longer authorized to use our Service.
Discrepancy with Agreement: In case of any discrepancies between these Terms and the Agreement (if concluded), the provisions of the Agreement shall prevail. This also applies to amendments introduced in the Agreement regarding these Terms.

27. Waiver And Severability

No Further Waiver: No waiver by the Company of any term or condition in these Terms shall be deemed a continuing waiver of that term or condition or a waiver of any other term or condition.
No Right Forfeiture: The failure of the Company to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.
Invalid Provisions: If any provision of these Terms is found by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be either eliminated or limited to the minimum extent necessary, so that the remaining provisions of these Terms will remain in full force and effect.

28. Acknowledgement

By utilizing our Service or any other services offered by us, you acknowledge that you have read these Terms of Service and consent to their binding effect.

29. Contact Us

if you have a question or complaint about the manner in which we or our service providers treat your personal information, please send email at: [email protected].