Updated 30 September, 2023
By accepting this Agreement by accessing or using Services provided by Chatomiser, authorising or permitting any of Your co-workers to access or use Chatomiser, You agree to be bound by this Agreement. By accepting these Terms, You warrant that You are at least eighteen (18) years old and may lawfully enter into and form binding legal contracts.
If You are entering into this Agreement on behalf of a company, organisation or another legal entity, You are agreeing to this Agreement for that Entity and representing to Chatomiser that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “Subscriber,” “You,” “Your” or related capitalised terms herein shall refer to such Entity and its Affiliates. If You do not have such authority or do not agree with this Agreement, You must not accept this Agreement and may not use any of Our Services.
- Service means the services supplied by Chatomiser to the Customer under the Agreement specified below at https://www.chatomiser.com as a web application accessible online.
- Account means access to the Service enabled with a personalised login and password.
- Website means the https://www.chatomiser.com webpage and any subpages related to the main domain.
- Personal Data means personal data within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons about the processing of Personal Data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation – GDPR).
- User or Customer means, respectively, any person who uses the Chatomiser Service with access to an active Account regardless of its type.
- Spoofing means a fraudulent or malicious practice in which communication is sent from an unknown source disguised as a source known to the receiver.
- SPAM means irrelevant or unsolicited messages sent over the Internet.
- Phishing means the fraudulent practice of sending emails purporting to be from reputable companies to induce individuals to reveal personal information, such as passwords and credit card numbers.
- Subscription means a model of payment. It implies that the User can access the Service every month upon recurring payment triggered automatically each month unless the Services used are offered free of charge or have been covered by a single fee.
- Pricing Plan means a model Chatomiser will charge the Customer for.
- AI Assistant Platform. Chatomiser provides a web-based application and Service dedicated to individuals, teams, and organisations that use AI-enabled assistants to help them answer customer questions and accomplish simple tasks on their behalf, which Chatomiser enables.
- Acceptance Condition. Accepting these Terms of Service constitutes a condition to use Services provided by Chatomiser, and each User is obliged to do so before accessing Our Service.
- Flexibility Clause. Chatomiser reserves its right to refine features, modify functionality, suspend or terminate the Service or the Website. Such action may be taken without prior notice to the Customer if necessary from a business or a technical perspective.
- Reference Usage. We reserve the right to use Your company name as a reference for promotional purposes on the Website and in other communication with existing or potential Chatomiser Users. For instance, We might list Your company on one of Our web pages on one of the lists of Chatomiser Customers. We shall use Your company name only upon Your consent, and at any point, You can withdraw the consent for Us to do so. Such notification may be delivered via email to email@example.com
- Intellectual Property Rights. Information, content design, and methods accessible through the Services are protected by intellectual property rights (such as trademarks). You shall not use, download, or share such content, designs, or information unless (1) you have the right to do so and (2) such content is explicitly designed to be shared.
Acceptable Use Policy
- Service Misuse Guidelines. To ensure proper maintenance of the Service, the User shall not misuse the Service and as a consequence, the Customer is obliged not to intentionally or unintentionally hinder the functioning of the Services, for example, by reverse engineering or hacking the Services, attempting to gain unauthorised access to the Services (or any portion thereof) or related systems, networks or data exceeding API request limits, causing downtime to the Service or hindering its operational ability, misrepresent or hide the data origin, content or other information submitted to the Service, for example by Spoofing, Phishing, manipulating headers or other identifiers, impersonating anyone else or access the Services via another User’s Account without their permission.
- Messaging Guidelines. To ensure legal transparency of Our Service, the User shall not send messages which may be deemed to be malicious or inappropriate, for example, but not limited to content deemed to be SPAM, Spoofing, Phishing, content related to pornography, sexual content, content displaying images or texts objectively recognised as offensive or cruel, content related to racism, xenophobia, discrimination, hate speech, incitement to violence, content related to or inciting to fraudulent behaviours.
- Data Responsibility. The User is responsible for the accuracy, legality and adequacy of all the data entered into the Service and for any information shared through Chatomiser.
- User Data Control. Users can upload documents, Contacts and Customer information, and other content to the Service. Users can then use the Contacts and the Customer information, as well as all the previously updated data, to communicate with Customers and Prospects via chat, email messages and other types of notifications automated by the Service. Users retain all rights to all the data and content they upload to the Service and are fully responsible for it.
- Data Processing Compliance. Chatomiser shall have no responsibility for how Users Process data through the Service. Upon using the Service, Users should abide by the law of their native country and the law of the countries to which they send their messages.
- Service Usage Terms. As a condition of using the Service, the User shall, as required by applicable law, provide notice to its Contacts and obtain consent if required to send any messages to them, be responsible for its employees, representatives, and affiliates that have access to the Services, comply with any limitations or restrictions outlined in this Agreement, use the Services only in compliance with applicable law both national and international including court orders.
- Password Security Responsibility. The User is responsible for the secure storage of passwords and logins leading to the Accounts related to the Service. Chatomiser shall have no responsibility arising from reckless or negligent credentials stored by the user.
- No Contact Exclusion. All messages sent from Chatomiser must not be sent to Contacts or Customers who verbally expressed their wish to be excluded from further correspondence.
- Upon access to Your data:
- Free Beta Period. During the beta phase, Users can enjoy free-of-charge usage of Services. This period allows them to explore the functionalities and benefits.
- Post-Beta Pricing. Once the beta phase is over, Users will be notified in advance of Pricing Plans enabling further use of the Services. The pricing plans will include the details of different types of Subscriptions, their features, and associated costs.
- Payment Authorization Agreement. As a Chatomiser User, You agree to pay the amount specified in the applicable Pricing Plan and authorise Chatomiser to bill Your credit card in advance periodically per such Terms. If You dispute any charges, You must inform Chatomiser within sixty (60) days after the date that Chatomiser invoices You.
- Payment Processing Chatomiser collects payments via Stripe and may not access sensitive credit card credentials. All payments are processed by the external, third-party service mentioned to ensure high-security standards.
- Month-to-Month Termination. Subscriptions are ongoing on a month-to-month basis. Either party can terminate the Agreement without providing a rationale. Upon termination, Users can access the Services for the period covered by the last payment.
- Non-Refundable Payments. All Subscription amounts paid are non-refundable, and We reserve the right to change Our prices. If We change prices, We will notify you of the change on Our Website or in an email at least 30 days before the change takes effect.
- Program Eligibility. We offer a partner program for digital marketing and business consulting agencies offering relevant services to service-based businesses.
- Single Payment. A single fee encompasses program access, providing a comprehensive range of services for B2B clients.
- Money Back Guarantee. Partners who change their mind withing 14 days of payment are entitled to a full refund.
- Program Membership Enables.
- Configuring and generating AI Assistants on behalf of clients.
- Testing within a sandboxed environment.
- Generating integration scripts for multiple websites.
- Creating new business accounts.
- Setting access levels for team members based on their roles.
- Sending invitations to team members for account creation.
- Linking personal and business accounts.
- 12-month Commision. Every partner is entitled to receive commissions for a duration of twelve (12) months following the beta period, deriving from each B2B client they introduce, contingent upon their subscription fees.
- Commission Structure. Partners will receive a 25% commission for up to fifty B2B paying client accounts in a given month, and a 33% commission for any number exceeding fifty B2B paying client accounts in the same month.
User and Chatomiser Rights
- Indemnification Duty. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, and your breach of these Terms or violation of applicable law.
- Compatibility Disclaimer. Chatomiser does not guarantee the compatibility of services and products offered with other software. The User will bear responsibility for the choice and consequences of using other software, including its applicability to the User’s objectives.
- Exclusion of Warranties. These Terms of Service are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, cause of dealing or otherwise, all of which are hereby excluded to the fullest point of law.
- Limitation of Liability. In no event and under no circumstances will Chatomiser, its directors, members, employees or agents be liable to You for any direct, special, indirect or consequential loss or damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in action in contract, tort (including but not limited to negligence) or otherwise in any way.
- Arbitration for Disputes. All disputes arising from or in connection with Chatomiser Services will be primarily resolved by arbitration.
- UK Legal Jurisdiction. If litigation is pursued, the laws of England UK will apply, and a suitable location within its Jurisdiction will be selected.