Terms of Service

1. Agreement to Terms

Welcome to Chatmo! These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Chatmo ("we," "us," or "our") governing your access to and use of our omnichannel messaging platform, including our website, applications, AI agents, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

IMPORTANT: These Terms contain an arbitration clause and class action waiver that affect your legal rights. Please read Section 17 carefully.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials

If you are using the Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using strong passwords and enabling two-factor authentication when available

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

4. Description of Services

Chatmo provides an omnichannel messaging platform that enables businesses to:

• Connect and manage multiple communication channels (WhatsApp, Instagram, Facebook Messenger, Telegram, email, live chat, etc.)
• Centralize customer conversations in a unified inbox
• Deploy AI agents for automated responses and customer engagement
• Broadcast messages across multiple channels
• Manage contacts and segment audiences
• Access analytics and reporting features
• Integrate with third-party CRM and business tools

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with or without notice.

5. Subscription and Payments

5.1 Pricing Plans

We offer various subscription plans with different features and pricing. Current pricing is available on our website and may be changed with 30 days' notice.

5.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law or stated in these Terms
• You authorize us to charge your payment method automatically for recurring subscriptions
• Failed payments may result in service suspension or account termination
• You are responsible for all taxes associated with your subscription

5.3 Free Trials and Promotions

We may offer free trials, promotional discounts, or special offers for certain subscription plans. The following terms apply:

• Trial Duration: Free trial periods will be clearly specified at the time of sign-up (typically 7, 14, or 30 days)
• Payment Method Required: You must provide a valid payment method to start a free trial
• Automatic Conversion: Unless you cancel before the trial ends, your account will automatically convert to a paid subscription and your payment method will be charged
• Cancellation During Trial: You may cancel at any time during the trial period without being charged. Simply cancel through your account settings or contact support
• Trial Limitations: Free trials are limited to one per customer, per email address, and per payment method. We reserve the right to deny free trials to prevent abuse
• Feature Access: Free trial accounts may have access to all features or limited features, as specified in the trial offer
• Promotional Offers: Promotional pricing or discounts are subject to specific terms and may expire after the promotional period

Notification: We will send you a reminder email before your free trial ends to notify you of the upcoming charge. It is your responsibility to cancel if you do not wish to continue.

5.4 Cancellation and Refunds

You may cancel your subscription at any time from your account settings. Cancellations take effect at the end of the current billing period. No refunds will be provided for partial months or unused portions of the subscription, except as required by law.

6. Acceptable Use Policy

You agree NOT to use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in harassment
• Distribute malware, viruses, or other malicious code
• Engage in fraudulent activities or impersonate others
• Infringe intellectual property rights
• Interfere with or disrupt the Services or servers
• Attempt unauthorized access to systems or user accounts
• Use automated scripts or bots without authorization
• Reverse engineer, decompile, or disassemble the Services
• Transmit illegal, harmful, threatening, abusive, or offensive content
• Violate messaging platform policies (WhatsApp, Instagram, etc.)
• Resell or redistribute the Services without authorization

Violation of this policy may result in immediate account termination and legal action.

7. User Content and Data

7.1 Your Content and Ownership

You retain full ownership of all content and data you upload, transmit, or store through the Services ("User Content"). We do not claim any ownership rights to your User Content.

By using our Services, you grant us a limited, worldwide, non-exclusive, royalty-free license to use, copy, store, transmit, display, and process your User Content solely for the following purposes:

• Service Delivery: To provide, operate, and maintain the Services you have requested
• Technical Operations: To transmit messages through connected channels (WhatsApp, Instagram, etc.)
• Service Improvement: To improve features, fix bugs, and enhance user experience (using anonymized, aggregated data only)
• Support: To provide customer support and troubleshoot issues
• Security: To prevent fraud, abuse, and ensure platform security

Important Limitations:

• We will not use your User Content for advertising or marketing purposes without your explicit consent
• We will not sell, rent, or share your User Content with third parties except as necessary to provide the Services or as required by law
• This license terminates when you delete your content or account, except for content that has been shared with others or as required for legal compliance

7.2 Your Responsibilities

You are solely responsible for:

• The legality, accuracy, and appropriateness of your User Content
• Obtaining necessary rights, permissions, and consents for content you upload
• Compliance with data protection laws (GDPR, CCPA, etc.)
• Backing up your data (we are not responsible for data loss)
• Ensuring your messages comply with anti-spam regulations

7.3 Prohibited Content

You may not upload or transmit content that is:

• Illegal, defamatory, or violates third-party rights
• Contains malware or harmful code
• Pornographic, sexually explicit, or exploits minors
• Promotes violence, discrimination, or hate speech
• Violates intellectual property rights

7.4 AI Training

We may use anonymized and aggregated User Content to train and improve our AI agents. We do not use your specific customer data for training AI models used by other customers.

8. Third-Party Integrations

Our Services integrate with third-party platforms (WhatsApp, Instagram, Facebook, Telegram, etc.). Your use of these integrations is subject to:

• The terms and policies of those third-party platforms
• Your compliance with their acceptable use policies
• Their availability and functionality (we are not responsible for third-party service disruptions)

We are not responsible for the actions, policies, or content of third-party platforms.

9. Intellectual Property Rights

9.1 Our Rights

The Services, including all software, designs, text, graphics, logos, and other materials, are owned by Chatmo and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes, subject to these Terms.

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us an unrestricted, perpetual, irrevocable license to use such feedback without compensation or attribution.

10. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

As a data processor, we process customer data on your behalf. You are the data controller and are responsible for complying with data protection laws, including obtaining necessary consents from your customers.

11. Service Level and Availability

We strive to provide reliable Services with high uptime, but we do not guarantee uninterrupted access. The Services may be unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency maintenance or security updates
• Third-party service disruptions
• Force majeure events
• Your internet connectivity issues

Specific Service Level Agreements (SLAs) may be available for enterprise customers under separate agreements.

12. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICES
• WARRANTIES THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED
• WARRANTIES REGARDING AI AGENT RESPONSES OR AUTOMATED ACTIONS

We do not warrant that the Services will meet your specific requirements or that any errors will be corrected. You use the Services at your own risk.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHATMO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES RESULTING FROM SERVICE INTERRUPTIONS OR DATA LOSS
• DAMAGES CAUSED BY AI AGENT ERRORS OR AUTOMATED RESPONSES
• DAMAGES RESULTING FROM THIRD-PARTY ACTIONS OR INTEGRATIONS
• DAMAGES EXCEEDING THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Chatmo and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms or applicable laws
• Your User Content or customer data
• Infringement of third-party intellectual property rights
• Your violation of third-party platform policies
• Claims from your customers or end users

15. Modifications to Terms and Services

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending you an email notification (for material changes)
• Displaying a notice in the Services

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and cancel your account.

16. Termination

16.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or contacting support.

16.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our policies
• Fail to pay subscription fees
• Engage in fraudulent or illegal activities
• Cause harm to our Services or other users
• Violate third-party platform policies

16.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. We will delete your account data within 90 days unless retention is required by law. You remain liable for all charges incurred before termination.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before filing a claim, you agree to contact us at support@chatmo.io to resolve the dispute informally. We will attempt to resolve disputes within 60 days.

17.2 Binding Arbitration

If informal resolution fails, and except where prohibited by applicable law, disputes shall be resolved through binding arbitration rather than in court, except for:

• Disputes regarding intellectual property rights
• Small claims court matters (below jurisdictional limits)
• Injunctive relief to prevent unauthorized use
• Matters where mandatory local law requires court jurisdiction

Note: If you are located in a jurisdiction where arbitration agreements are prohibited or restricted by law (including certain European countries), this arbitration provision may not apply to you, and you retain your right to pursue legal remedies in court.

17.3 Class Action Waiver

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS.

This class action waiver does not apply if you are located in a jurisdiction where such waivers are prohibited by law. In such cases, you retain your rights under applicable local consumer protection laws.

17.4 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@chatmo.io within 30 days of first using the Services.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the courts located in Yogyakarta, Indonesia.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Chatmo regarding the Services.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

19.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.

19.6 Survival

Provisions that by their nature should survive termination (including payment obligations, indemnification, disclaimers, and limitations of liability) shall survive termination of these Terms.

20. Contact Information

If you have questions about these Terms or need to contact us for any reason, please reach out: