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Table of content
INTRODUCTION
Chatboq Pte. Ltd. (“Chatboq”, “we”, “us”, or “our”) may revise these Terms of Use at any time without prior notice. By accessing or using our services, you agree to be bound by the then-current version of these Terms and Conditions of Use.
Please read these Terms carefully before using any of our software or services. These Terms are also available in: English, French, Spanish.
PURPOSE
The purpose of these Terms of Use (the “Terms”) is to define:
The terms and conditions applicable to the user (the “User”, “you”, or “your”) when using our website located at https://chatboq.com (the “Site”);
The terms and conditions applicable to the use of Chatboq’s software platform and any other features, services, and tools we offer from time to time on the Site or via a license agreement (collectively, the “Features”).
ACCEPTANCE OF TERMS - CHANGE OF TERMS
Before using any of the Features, you must first agree to these Terms. By accessing or using the Features, you expressly confirm that you fully and irrevocably agree to be bound by these Terms.
You also acknowledge and agree that your personal data and electronic communications on our Site or through the Features will be processed by our Privacy Policy, which is incorporated by reference.
We reserve the right to modify or replace these Terms at any time, at our sole discretion. The most current version of the Terms will be published on the Site. It is your responsibility to review these Terms regularly.
Your use of any part of the Features constitutes your acceptance of this Agreement, and such consent is maintained when you continue to use any part of the Features in its present form. y the then-current version of these Terms and Conditions of Use.
PROVISIONS OF AND ACCESS TO FEATURES
Provider
Chatboq Pte. Ltd., a private limited company based in Singapore, runs the Site, grants the License, and provides the Features, unless these Terms or the Site state otherwise.
10 Shenton Way, #13-01, MAS Building, Singapore 079117 Company Registration Number: [Insert UEN]
User's eligibility
You represent and warrant that you are an individual of legal age able to enter into a legally binding agreement and freely make decisions of such nature, without any voluntary or involuntary condition or restriction (e.g. insolvency proceedings).
Except as otherwise noted hereinafter, all legal entities are eligible for access to the Features. Accordingly, you understand and agree that you are personally responsible for your contract and commit only on behalf of the legal entity that authorizes you to do so. Except for a trial membership or the "Free" plan — both of which are limited to individuals, not businesses — you represent that you have attained the age of majority in your jurisdiction in order to access those features and comply with any obligations associated with these Features.
Features are only available to professionals that are defined as "any natural or legal person who, in acts for purposes relating to their trade, business or profession, whether acting on behalf of other professionals". As such, you agree that you are, in fact, a professional. You also agree that, as a professional, you will not benefit from consumer protection laws that may apply to other types of consumers and, in particular, that you will have no statutory right of withdrawal.
You also represent and warrant that you are legally entitled to use the Features and navigate within the Features in any manner under the laws of your jurisdiction. Lastly, you agree and acknowledge that you are responsible for ensuring compliance with all laws in your jurisdiction and that you will not hold Chatboq Pte. Ltd. liable for any connection with this matter.
Features
The main Features offered by chatboq are the following:
Live Chat lets you utilize a chat room only for customer service.
CRM consolidates a company’s customer data and automates repetitive actions.
Ticketing ensures after-sales assistance is managed by a real person.
Knowledge management gives consumers more authority over information.
Chatbot automatically answers consumer questions on multiple channels.
Inbox is a genuine messaging system that lets you talk to customers.
Campaigns is a marketing automation technology that fosters loyalty.
Status page shows system status, problems, and fixes.
Integrations allow Features to work with other systems like Facebook Messenger.
The available Features change depending on the subscription picked, which might be free, pro, essentials, or plus, or any other subscription provided and specified on the Site.
Fees-Pricing
You must pay the necessary fees for using the Features (which include the License) as specified on the Site. The costs depend on the subscription package you choose.
If you opt for annual payment, you will be charged for the Features on the fourth (4th) day of each calendar month, or twelve (12) months in advance.
If you are moving from a trial period, however, costs will be paid on the last day of the trial period, based on the number of days between that date and the next monthly billing date (the 4th of the following month). Chatboq does not provide refunds for any subscription fees paid, whether monthly or annually. In particular, the following do not entitle you to a refund of any Fees paid:
Lack of use of the Features after payment;
Deactivation or suspension of your account;
Submission of a termination request prior to the end of your billing period.
Your invoices will be accessible for download straight from the Site. We retain the right to modify our price, subscription plans, or payment terms at any time, subject to these Terms. Any modifications will be informed via the website.
When you check out, the Site displays a list of accepted payment methods. By adding a payment method to your account, you enable Chatboq to charge that method for any overdue, current, or future subscription fees.
Registration and User Account
Registration
For use of the Features, you must first create a Chatboq user account ( "User Account " or "Account "). You can enter payment information while registering, but it is not essential to qualify for a free trial period or access to the "Free " offer.
All information you enter during registration must be true, accurate, and complete. Suppose we have cause to suspect that the information you provided is incorrect, inaccurate, or incomplete. In that case, we can refuse your access to the Site or any of its functions, as well as deny, terminate, or suspend your account.
You may have only one User Account at a time. You cannot use the Features or establish an account on behalf of anybody other than yourself. You cannot operate as a broker, agent, or mediator of any sort.
You are entirely responsible for the security of your account login credentials, including your password. You promise not to disclose your login information to anyone and to alert Chatboq immediately of any unauthorized use of your account or any other breach of security. Chatboq shall not be held accountable for any loss or damage arising from your failure to comply with this requirement.
Chatboq will not be responsible for any loss or damage that happens because you failed to comply with this rule.
You must not give any information that is false or misleading. Putting fake or deceptive information in your account is against the law and could get your account closed or suspended right away.
Identify Verification
Chatboq may request proof of identification to access certain features, ensuring the platform remains secure, trustworthy, and compliant with the law. This could mean showing IDs from the government or any other necessary paperwork.
Duration of access to the License
Termination by Chatboq
Chatboq can stop you from using the Features at any time and for any reason, including if: a) You don't pay the fees for using them; b) We have a good reason to believe that you are breaking these Terms and/or any other rules that apply; c) We are required to do so by law, regulation, or an order from a court or other authority in any jurisdiction; d) We are worried about the security of your account or think that the Features are being used in a fraudulent or unauthorized way; or e) We have a good reason to believe that this is necessary to protect our platform, our users, or our reputation. If you break the Terms and your access is suspended, limited, or terminated, you will not be able to get any money, compensation, or losses from Chatboq.
We may suspend, limit, or end your access to the Features at any time, and this doesn't affect any other rights or options we have under these Terms or the law.
Termination by User
Depending on your payment plan, the following things must happen before you can cancel your subscription to the Features:
Monthly Subscription: If you are a subscriber to a monthly service, termination will take effect on the first day following the conclusion of the current monthly invoicing cycle, which is the date on which you submitted your termination notification through the Site. In this case, if you stop your subscription on 15 May, the end date will be 10 June. Your subscription started on 10 April.
Annual Subscription: The termination of an annual subscription will occur on the first day following the conclusion of the current yearly billing cycle.
Example: If you stop your subscription on 15 August 2024, and it started on 1 January 2024, the end date is 1 January 2025.
The Features and the License can still be used until the date they are no longer valid. Since agreeing to the Terms is for a set amount of time, either a year or a month, you won’t get your fees back for using the Features, whether you paid them yearly or monthly.
You cannot use your violation of the Terms, especially the fact that one or more of your claims were not true, as an excuse to end the Features early.
Consequences of Termination
As of the termination date, you will no longer be able to use the Features or gain from the License. If you have not paid the full fees for using the Features before the termination date, you will need to do so.
As of the date of termination, (a) all License rights granted under the Terms before termination will end right away, and you must stop using the chatboq software right away; and (b) you must delete all copies of the chatboq software from your computers and return any confidential information you obtained while using the Features.
DISCLAIMER OF WARRANTIES - LIABILITY
Disclaimer of Warranties – Risks
It is clear that you understand and agree that using the Services is at your own risk. The Features and access to the Site are given “as is” and “as available,” with no warranties of any kind, either expressed or implied. This includes, but isn’t limited to, any guarantee that they will work with your business or adapt to changes in it. You agree that we have no control over who can access or use the Features, what effects the Site’s content may have on your business, how you may use the Site’s content and Features, or what actions you may take, especially with your customers, after seeing the Site’s content.
We don’t promise that access to the Site and the Features will always be available, be uninterrupted, happen on time, or be safe. You agree and understand that (a) the Site and the Features may have bugs, errors, and other problems; (b) they may not work right or be unavailable for short periods; (c) they may cause you to lose or damage data; and (d) theymay be changed at any time, including by releasing new versions, with or without telling the User. You understand and agree that Chatboq will not be responsible for any loss or damage that happens because you didn’t do what you were supposed to do.
Limited Liability
You understand and agree that you are fully responsible for how you use the Site and the Features. You understand and agree that any information you send or receive while using the Site and the Features might not be safe and could be hacked or obtained by unauthorized individuals. You understand and agree that using the Site and the Features comes with your own risk, and that the Chatboq Software could be broken or open to attack, leaving your computer systems open to being hacked or damaged. You agree to keep the systems, programs, and data safe, and you understand that you are the only one who can change how your computer hardware, programs, and platforms are set up to access the Features. You agree that you are solely responsible for your use of the Features and for any comments or information you send through the Chatboq Software that are illegal or against the rules.
This means you agree not to (a) use the Features for anything other than your own business (b) use or try to use the Chatboq Software and/or the Features in a way that is offensive, abusive, or illegal, such as by publishing or using words that might be offensive or inappropriate; (c) send or try to send copyrighted material without the owner’s permission first. You may not use or try to use any automated program, such as a robot, spider, or other automated means or interface to access the Chatboq Software and/or Features; (e) damage or try to damage the Chatboq Software and/or Features in a way that could damage, disable, overload, or change the Chatboq Software; (f) copy, modify, merge, sell, redistribute, assign, or transfer the software or the source code of the Chatboq Software or any part of it; (g) infringe or try to infringe any patent, trademark, trade secret, or copyright held by Chatboq; or (h) introduce or try to introduce viruses, Trojan horses, or other harmful or technologically harmful hardware.
Finally, you understand and agree that neither Chatboq nor its suppliers or licensors shall be liable to you for any direct, indirect damages of any kind, including but not limited to, damages for loss of property, profits, goodwill, use, data or other tangible or any other damages based on contract, tort, or otherwise (even if Chatboq has been advised of the possibility of such damages), resulting from: the Site or Features; the use or the inability to use the Site or Chatboq Software; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Site or the Features; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures; omissions, interruptions, latency, deletions, or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the Features); any injury or damage to computer equipment; inability to fully access the Site, the Features or any other website; theft, tampering, destruction, or unauthorized access to images or other content of any kind; data that is processed late or incorrectly, or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Site or any other aspect of the Features.
Suppose a court finds Chatboq liable for any reason. In that case, you agree that its total liability will be limited to the fees you paid for access to the Features in the twelve (12) months before the date of the document that started the proceedings.
Indemnification
You agree to protect Chatboq and third-party service providers, as well as their officers, directors, agents, joint venture entities, employees, and representatives, from any claim or demand (including attorneys’ fees and any fines, fees, or penalties imposed by any regulatory authority) that comes up because of (a) your breaking any of these Terms; (b) your use of the Features; or (c) your breaking any law or regulation of any jurisdiction or the rights of any third party.
LICENSE
Chatboq gives you a limited, non-exclusive, non-transferable, and non-sublicensable license to use, install, and run the Chatboq Software and its updates (the “License”) for as long as you are committed to the CRM chatbot software developed by Chatboq (the “Chatboq Software”). You can only use the Chatboq Software for your business purposes.
Article 3.4 says that the License is only valid if the costs for access to the Features are paid on time.
You agree and acknowledge that the Chatboq Software, including its sequence, structure, organization, and source code, is valuable intellectual property rights, such as copyrights, trademarks, service marks, trade secrets, patents, patent applications, contractual rights of confidentiality, or any other intellectual property or exclusive rights that Chatboq or its suppliers own. You are not buying the Chatboq Software; you are just getting a license to use it. The Terms and any other agreement do not transfer any ownership or title to the Chatboq Software or any associated intellectual property rights. Chatboq will retain the Chatboq Software and any rights, titles, and interests not explicitly granted to the Customer under the Terms.
These Terms do not provide you with a license to use any current or future patents in any way. You accept and understand that while offering the Features, Chatboq may make additional software and intellectual works that are completely owned by Chatboq.
CONFIDENTIAL INFORMATION
“Confidential Information” is any information that one party (the “Discloser”) gives to another party (the “Recipient”) while using or accessing the Features. This information can be given verbally or in writing, and it must be marked as “Confidential” or be understood by the Recipient to be confidential at the time it was sent. Despite what has been said, Chatboq’s “Confidential Information” includes any information about the Chatboq Software that Chatboq shares and that is not known to the public.
Any confidential information given by the Discloser must be kept secret by the recipient. They cannot use this information without the written permission of Discloser and must not share it with anyone else without the written consent of Discloser. However, the recipient may share this information with its employees and contractors for business reasons, as long as those employees and contractors also agree to follow the confidentiality agreement made with the Discloser. The recipient is responsible for all actions by its workers and agents that would constitute a breach of these terms if performed by the recipient themselves.
There are some exceptions to the rules in this article. They don’t apply to information that: (a) the recipient independently came up with it without using the discloser’s confidential information; (b) a third party told the recipient without violating the Terms and had permission to disclose; (c) was already in the public domain at the time of disclosure or becomes public domain without the recipient’s action or inaction; (d) the recipient knew the information without any restrictions at the time of disclosure; or (e) the recipient was required by a court, administrative body, or other government body to do so. However, the recipient must immediately notify the discloser and do everything it can to keep the information from going public. If the discloser asks, the recipient must return the originals, copies, photocopies, summaries, and any other physical materials and devices that were given to them as Confidential Information. If the discloser prefers, the recipient must confirm that they have destroyed the same.
GENERAL PROVISIONS
Third-Party Links
There may be links on the Site to other websites, apps, or tools. This is because Chatboq doesn’t have any control over these outside websites, apps, and resources. You agree that Chatboq is not responsible for the availability of these outside websites, apps, or resources and doesn’t support or take responsibility for any content, advertising, products, or other materials on or available from them.
Transfer, Assignment, or Delegation
The license and rights that come with these Terms are limited, revocable, non-exclusive, and only apply to you. You cannot give, assign, or delegate these rights or duties to anyone else without our written permission. On the other hand, Chatboq can provide, assign, or delegate these rights or responsibilities to anyone else without any problems. Any attempt to move or give that goes against this will be immediately canceled.
Entire Agreement
Unless otherwise stated, these Terms (as amended from time to time) and any document specifically referred to herein are the only agreement between the parties. They replace any written or spoken agreement, promise, assurance, warranty, representation, understanding, undertaking, or arrangement between the parties that was related to the subject of these Terms.
These Terms cannot be changed by any explanation or information given over the phone by either of us. You agree that when you agreed to these Terms, you did not rely on any claim or information that is not included herein.
Severability
These Terms can be broken down into separate parts. If any part of them is found to be illegal or unenforceable, it won’t affect the validity or enforceability of the other parts or terms. Also, any term or provision that isn’t legal or can’t be enforced will be modified to achieve the original provision’s goals best, provided such modification is legal.
Language
These Terms are concluded in the French, English, and Spanish languages, and all communications, including any notices or information being transmitted, shall be in English, French, or Spanish.
Waiver
If any party fails to comply with any of these Terms or prevents their enforcement, it doesn’t imply that they’re relinquishing any other rights under these Terms.
Notices and Communications
By using the Features, you agree that we can send you notices or other communications, such as marketing materials, about your use of the Features: (a) by email (to the address you give us), text message, phone call (to the number you give us); or (b) by posting on the Site. Notices sent by email will be considered received on the date they are sent. You will always have the option to unsubscribe from any marketing material that we send.
Notices to us should be sent electronically to at info@chatboq.com
Section Titles
The section names and articles in the Terms are included to make the document easier to read. They have no legal or contractual weight.
Governing Law and Submission to Jurisdiction
These Terms and any rights and duties of the parties under them or in any way linked to their performance will be controlled by and interpreted according to French law.
If there is a disagreement between the User and Chatboq about how these Terms were made, how they should be interpreted, or how they should be used, both parties will try to work it out peacefully.
If there isn’t a peaceful solution, the Commercial Court of Nantes will be in charge of any conflicts that come up because of or relate to the Terms. You agree to follow these rules when you use Chatboq by clicking “I Agree.” As for Chatboq IMSAS, it promises to offer a reliable and comprehensive service.
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