Terms of Service

ChatLeads is a framework offering chatbots along with message broadcasting, community management and an array of tools and integrations, through which organizations can design meaningful conversational experiences for their customers.

These Terms of Service (the “Terms”) are a binding contract between you and Ether Technologies Limited doing business as ChatLeads (hereinafter referred to as “ChatLeads”, “we”, “us” and “our”). These Terms are the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”) offered by ChatLeads. You must agree to and accept all of the Terms in order to access our services.

Your use of the Services is also governed by and subject to the Facebook Platform Policies (located at https://developers.facebook.com/policy) and Facebook Commerce Product Merchant Agreement (currently located here: https://www.facebook.com/legal/commerce_product_merchant_agreement), which are hereby incorporated by reference and are a part of these Terms. You are solely responsible and liable for complying with the Facebook Platform Policies and Facebook Commerce Product Merchant Agreement.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

  1. GENERAL TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at sales@ether-technologies.io

You may not use our product for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction (including but not limited to intellectual property and copyright laws), in the course of using the Services.

You must not transmit any worms or viruses or any code that may be destructive in nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  1. RIGHTS & LIABILITIES

The materials displayed or performed or available on or through the Services, including, but not limited to text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (collectively the “Content”) are protected by copyright and/or other intellectual property laws. You are bound by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including ChatLead’s) rights.

You understand that ChatLeads owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in your agreement with ChatLeads), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; existence of this functionality does not infringe the above restrictions.

Anything you post, upload, share, store, or otherwise provide through the Services, including any chatbots you create and/or communicate with through the Services, is your “User Submission”. Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us licenses to translate, modify (for technical purposes, for example, to make sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only – your ownership in User Submissions is not affected.
You understand and agree that ChatLeads, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and you grant us the licenses to do so.

Please note that all licenses granted to ChatLeads are subject to our Privacy Policy to the extent
they relate to User Submissions that are simultaneously your personally-identifiable information. You agree that the licenses you grant are royalty-free, perpetual, sub-licenseable, irrevocable, and worldwide.

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts with repeated allegations of infringements;

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activities and instructions for management in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by ChatLeads. When you access third party websites or use third party services, you accept that there are risks in doing so, and that ChatLeads is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
ChatLeads has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, ChatLeads will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that ChatLeads shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that ChatLeads is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release ChatLeads, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

  1. BILLING & PAYMENTS

ChatLeads includes certain features which enable you to sell goods, content, media and services through in-bot payments. ChatLeads has the right to charge a percentage ({3d4d2a0a40760367fc7419599842a93c5ed5c6d89421adc24795bc162293f52b}) on payable amount of the orders being processed on our platform on behalf of our customers. You agree to pay all applicable fees for Services provided by ChatLeads including, but not limited to, customized chatbot development, dashboard management, platform credits and all other charges applicable. You must pay all applicable fees for such Services as per your agreement with ChatLeads. The proof of the “terms” agreed upon may be derived from work orders, agreement papers, and messaging or email communications from our end or yours.

We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms of Service. You won’t be entitled to a refund from us under any other circumstances. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

You agree to provide current, complete and accurate purchase and account information for all purchases made from us. You agree to promptly update your account and other information, including your email address, contact person for dealing with invoices, bank account details and/or credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For payment purposes, you agree to be bound by the Terms and Conditions of Portwallet (currently found here: https://www.portwallet.com/en_US/terms-and-conditions.html) and any future payment gateways adopted for our Services.

  1. ACCOUNTABILITY, USE & MISUSE

By using any of our Payments features, you acknowledge, warrant and agree that:

You shall be solely and fully responsible for all Taxes and fees of any nature associated with your payments activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;

You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;

You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall supply true contact information to be provided on your bot for any questions, complaints or claims; and

You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; Since you operate on Facebook Messenger, your products must also comply with Facebook (https://www.facebook.com/policies/commerce) regulations and any regulations governing any payment processing platforms, including Portwallet, used through your bots.

We may, at any time and at our sole discretion, suspend, disable access to or remove your bot and/or any User Products (if any suspicious activity, content or products are detected or reported) – whether or not incorporated, published with or made a part of your bot at such time – without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

You are solely responsible for verifying the identity of users and of the eligibility of a presented payment card used to purchase your products and services, and ChatLeads does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back. You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. ChatLeads may add or remove one or more types of cards as a supported payment card any time without prior notice to you. You and you solely, are responsible for providing service to your customers for any and all issues related to your products and services, including but not limited to issues arising from the processing of customers’ cards through the Service.

You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable laws and rules of your country in connection with your collection, security and dissemination of any personal, financial, Card, or transaction information on your website.

 

  1. OPT-OUT POLICY

You can always opt not to disclose information to us, but be informed that some information may be needed to register with us, to communicate with chatbots, or to take advantage of some of our features. You’re free to stop using the Services at any time; however, your conversation logs from communications with chatbots may remain in our records. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us. ChatLeads is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. ChatLeads has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

In case you decide to terminate your account with us, please bear in mind that termination may result in destruction of any chatbots and Content associated with your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of ChatLeads.

Provisions that, by their nature, should survive termination of these Terms shall survive the termination. For instance, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.