Terms of Service
1. Introduction
These Terms and Conditions ("Terms") govern your use of the main website chatscaler.com and the ChatScaler Cloud Platform ("Platform") platform.chatscaler.com provided by PFernando LLC (“Company”). The Platform allows Registered Users (“You”) to access and utilize the WhatsApp Cloud API services ("API Services") offered by WhatsApp LLC. (“WhatsApp") and Artificial Intelligence services (“AI Services) offered by OpenAI LLC (“OpenAI”) accessing or using the Platform, you agree to be bound by these Terms.
2. Eligibility and Registration
You must be at least 18 years old and be legally able to enter into contracts to use the Platform. You must also comply with all applicable laws and regulations in the United States, including export control laws.
To use the Platform, you must register for an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
3. Registration for API services and AI services
You are responsible for creating a WhatsApp Business Account and maintaining it as per WhatsApp's Business Terms of Service.
You are also responsible for creating account, should you require AI bot, and maintaining it as per OpenAI's Terms and Policies.
3. Use of the Platform, API Services and AI Services
You may use the Platform and API Services to send and receive messages, create message templates, using chat bot, using AI bot, manage contacts, and access other functionalities offered by WhatsApp within the scope of your permitted use as defined by WhatsApp's Business Terms of Service.
You may use the Platform and AI Services to program the AI bot, and access other functionalities offered by OpenAI within the scope of your permitted use as defined by OpenAI’s Terms and Policies.
You are solely responsible for your use of the Platform, API Services and AI services, and comply with all applicable WhatsApp and U.S. regulations.
4. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Sending spam or unsolicited messages.
- Infringing on any intellectual property rights of others.
- Engaging in any illegal or fraudulent activity.
- Harassing, threatening, or abusing others.
- Violating any of WhatsApp's Business Terms of Service.
- Using the Platform or API Services for any purpose other than your permitted use as defined by WhatsApp.
5. Data Privacy and Security
The Company will collect and process your personal data in accordance with its Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that you have the necessary rights and permissions to collect and process any personal data through your use of the Platform and API Services.
The Company will use commercially reasonable security measures to protect your data. However, no data transmission over the internet is completely secure, and the Company cannot guarantee the security of your data.
6. Suspension and Termination
The Company may suspend or terminate your account for any reason at its sole discretion, including, but not limited to, violation of these Terms, misuse of the Platform or API Services, or failure to settle any payment on or before the due date.
7. Pricing policy
The Company reserves the right to revise its prices for using the Platform at any time prior to accepting an payment invoice or renewal of payment. Revised prices will be displayed at our pricing page, www.chatscaler.com/pricing, and applied at the time of initial payment or at the time of renewal. You are required to check the revised pricing plan before the date of renewal of your payment. You have the option to settle invoices by paying in US Dollars or equivalent in Your native currency subject to fluctuations in currency exchange rates.
8. Payments for Platform
Payment for the Platform can only be made through third party payment processors we have enabled in the Platform. All prices are in US Dollars and subject to applicable taxes.
You will receive an invoice by email for all payments. The payment processing company will issue a receipt for Your payment.
"STRIPE" payment gateway is used at present.
9. Payments for WhatsApp’s API Services and OpenAI’s AI Services
You are responsible for payments and subscriptions for WhatsApp’s API Services and OpenAI’s AI Services directly to their owners or their agents.
10. Renewal of subscription for Platform
You will be notified by email prior to the expiry of current payment.
Failure to renew during the grace period will result in downgrading Your account to Free Account and deletion of User Content made available to Pro Account.You will not be able to recover such deleted User Content.
However, You will still be able to upgrade your account on a later date.
It is Your responsibility to renew your Pro Account.
11. Refund Policy
We do not refund, either partially or fully, once You have made payment for account upgrade or account renewal.
13. Intellectual Property
The Platform and all underlying technology are the property of the Company or its licensors. You are granted a limited non-exclusive license to use the Platform and API Services in accordance with these Terms. You may not modify, reverse engineer, or decompile the Platform or API Services.
14. Disclaimer of Warranties
THE PLATFORM AND API SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR API SERVICES.
16. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the State of Delaware.
17. Entire Agreement
These Terms constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
18. Amendments
The Company may amend these Terms at any time by posting the amended Terms on the Platform. You are responsible for reviewing the Terms regularly. Your continued use of the Platform after the posting of amended Terms constitutes your acceptance of the amended Terms.
19. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
20. Contact Us
If you have any questions about Terms, please contact us using the online Contact Form.
June 4, 2024