Last modified: November 2, 2023These General Terms and Conditions of Use and Contracting (hereinafter, the “Terms and Conditions”) govern the access and use of the website accessible through the domain name https://chatever.ai/ (hereinafter, the “Site” or “Website”), as well as the acquisition of the service offered through it. The simple access to the Website attributes to the person who uses it the condition of user (hereinafter, the “User” or “You”) and implies the acceptance of all the terms included in these Terms and Conditions.By means of the acceptance of these Terms and Conditions, the User states:
If the User does not agree to apply under the provisions of the Terms, he/she should not use the Service. In such a case however, the User may contact the Company by emailing at [email protected] so the Company can try to find a solution.
Unless otherwise indicated, the following capitalizes terms have the following meaning:Account – means individualized panel serving the User to exploit the Service and/or the Website.Agreement – means a subscription agreement that may be concluded between User and the Company, that specifies the scope and the price for using the Service.
API – means Chatever application programming interface to be integrated with the User’s software.Company – means Chatever.ai,Content – means the contents such as texts, pictures and other, which the Guest, or the User publishes, presents or sends on the Website or with the use of Service.Content – means the contents such as texts, pictures and other, which the Guest, or the User publishes, presents or sends on the Website or with the use of Service.Device – means devices such as a computer, telephone, smartphone, tablet or other electronic equipment which allows browsing web pages.Guest – means an entity browsing the Website.Intellectual Property – means any designations, inventions, utility models, industrial designs, works and other externalized expressions of creative activity that are the subject of exclusive rights of the Company.Licence – means a non-exclusive right to personal use of the API and/or the Widget.Link – means hyperlink referring to the Other Website.Mobile Device – means a portable device such as a telephone, smartphone, tablet or other electronic equipment which operates the Website and/or the Service.Notification – means message sent to the User as part of the Service.Other Websites – means websites other than the Website.Password – means the User’s anonymized verification tool which enables the access to the Account and is the sequence of signs possibly to entry by using the keyboard of the computer or Mobile Device, which also allows entering text messages in the amount and configuration invented by the User however containing at least 8 signs.Privacy Policy – means the Privacy Policy, which defines the rules of personal data processing by the Company, available under the following internet address: https://www.chatever.ai/privacyService – means together the Website, Widget and/or the API (depending on the scope dedicated to a given User pursuant to the Agreement).Terms – means these terms of service available under the following address: https://www.chatever.ai/terms.User – means an entity who owns the Account.Website – means web pages located at chatever.ai.Widget – means a Chatever widget that may be implemented to the User’s website.Above mentioned definitions retain their meaning regardless of whether they are expressed in the singular or the plural.
Using the Service means full acceptance of the Terms. The Terms applies to relations between the Company and the Guest or the User only. If the Service and/or the Website introduces the possibility of providing services by other entities, they will be provided on the basis of regulations shared by these entities and only these entities will be responsible for the execution of the services, except the content of the Terms clearly and unambiguously indicates otherwise. Each entity using the Service and/or the Website is obliged to use it in accordance with its destiny resulting from the Terms. Using the Website is permissible provided that the Device meets jointly the following minimum technical requirements:
Using the API is possible if the following minimum technical requirements are met:
Using the Widget is possible if the following minimum technical requirements are met:
It is recommended to install anti-virus software on the Device.
We have reserved all the authority required to investigate any violation of any of the terms and conditions of this terms of service in due compliance to the laws. We are under an obligation so far as it is required to involve and cooperate with law enforcement authorities in Bangladesh under the purview of the Digital Security act and ICT Act and any other laws of Bangladesh in investigating as to who, how and to what extent such violation the terms and conditions has been violated. Therefore, you are of consent that we are hereby has the obligation to remove, delete any data, transmit and transfer any data that is required by the laws of Bangladesh which with or without in connection to the violation of these agreements.
Accounts: Account set-up is possible through the Website. Account set-up requires logging in using Facebook account, Google account or registering by providing other personal email and Password. When you create an Account you should provide us with accurate, complete, and current information at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website and Service. You are responsible for maintaining the confidentiality of your Account and Password, including but not limited to the restriction of access to your Device or Mobile Device and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or Password, whether your Password is with our Website and Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.Content and or data: You will ensure that your content/data and your end users’ use of your content/data will not violate any applicable laws. You are solely responsible for the transmission, development, content, operation, maintenance, and use of Your Content/data.Log-In Credentials: All the login credentials and private keys that have been generated through our services are solely for your personal and/or internal use and you shall not by any means sell or transfer to any other person, except the same has been disclosed to your agents, subcontractor or your authorized individuals for performing work on your behalf. End Users: it will be deemed to have been undertaken from your end upon execution of this Terms of Service that all your end users are to comply with the terms and conditions of this Terms of Service and you must provide them with explicit instruction in regards to the same and are under an obligation to duly notify us in regards to any breach that any of your end users have caused and take the necessary action or precautions.
You must not use any of our Services for any illegal or unauthorized purpose. You must not, in the use of our Service, violate any laws in your jurisdiction, including, among other things, as follows:
Please note that you are not allowed to make any reselling or lending of any of our products or services or license keys to any other third parties after redeeming the same on your account. The meaning of reselling and lending is, but are not limited to, it will be deemed to have been resold or lent should the account owner’s email has been changed in someone else’s name or identity.
By creating an Account, you can agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
Any contests, sweepstakes or other promotions (collectively “Promotion(s)”) made available through Service or Website may be governed by rules that are separate from these Terms (in particular set out in the Agreement, if concluded). If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.
Some parts of Service are billed on a subscription basis (“Subscription(s)”) and lifetime deal. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. You may cancel your Subscription renewal either through your Account or by contacting Company’s customer support team at [email protected]. A valid payment method, including credit or debit card, Apple Pay or Google Pay, is required to process the payment for your subscription. You shall provide the Company with accurate and complete billing information including (i) full name, (ii) email address, (iii) country, (iv) business’s legal entity name, (v) VAT tax number and (vi) a valid payment method information. By submitting such payment information, you automatically authorize Company to charge all Subscription fees incurred through your Account to any such payment instruments. Should automatic billing fail to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Company is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country in which the person submitting an order resides / is located. Payment of these additional fees remains the responsibility of the person submitting the order.
The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
We have a 15-days money back guarantee offer should you, for any reason, are unhappy with your Chatever purchase, we do offer a 30-day money back guarantee. Should you decide to discontinue Chatever in your business within 30 days from your first payment, you may request a full refund and such applies to our all sort of subscription.
The User can share with Chatever their complaints, claims, and/or information requests using any of the following methods:
Chatever has official complaint/claim/request forms that the User may request.
Chatever is not liable for any damage and/or detriment to and/or loss of income by any User or third party adversely affected as a result of any opinions, representations, data, and/or contents, if any, that the User and/or third parties may directly or indirectly display for any reason, at any time and in any way, in the Website. Chatever does not warrant that the Site is going to work constantly, reliably, and permanently, without delays or interruptions.
As a consequence of this, Chatever is not liable for any damage and/or detriment to and/or loss of income by any customer or third party adversely affected as a result thereof. Chatever is not liable for any damage and/or detriment to and/or loss of income by any User or third party adversely affected as a result of an event of force majeure, an act of God, failure, or error in communication lines, or defective Internet service or faulty connection. Chatever is not liable for any damage and/or detriment brought about to any third party for the use of bank data without its consent by any User engaging the Services.Chatever has adopted all legally required security measures for protecting personal data furnished by the User in accordance with the EU General Data Protection Regulation, no. 2016/679. Notwithstanding the above, Chatever cannot ensure the absolute invulnerability of its security systems or the security or inviolability of such data during transmission through the network for reasons not caused by itself.As a service provider, Chatever does not control the use that the User makes of its Service. Chatever is not liable for the use and/or content that the User may make in violation of the laws or these Terms and Conditions and/or pertinent additional conditions, insofar as it Chatever is not liable for the content information and/or data that is transmitted, nor it originates the transmission, modification or selection of data or addressees. Accordingly, only the User is liable for any consequences that might result from any unlawful use or use against these conditions, as well as for the truthfulness and/or legality of the contents displayed by the User. For this purpose, the User shall use the Services pursuant to the laws in force that are applicable in this regard.
Chatever and its employees and technical service staff shall try and will keep confidential all the User information to which they are given access by any means, and will not use, disclose or allow it to be used or disclosed. They shall, at the User’s request, make every effort to destroy or return such information immediately in the event it is recorded for any reason and/or by any means, when in compliance with the Services engaged and pursuant to the Terms and Conditions set forth they are given access to the User information of any kind. The laws that are applicable in this respect shall govern in all such cases.The Services put at the User disposal send information deemed to be or classified as confidential. Chatever shall not be held responsible for any consequences that may arise from the User᾽s failure to comply with this recommendation.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at [email protected].
If any clause included in these Terms and Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting the rest of the Terms and Conditions in everything else and considered as such totally or partially disposed of by not included.
The Terms of Service shall be regulated and all such disputes arising out of these terms of services shall be adjudicated by the applicable laws of Bangladesh and the customer explicitly and irrevocably provide consent to the Terms of Services.We give serious regards to the European General Data Protection Regulation(GDPR) so far and inasmuch as it does not contradict any specific statutory or other regulatory requirements stipulated by the laws of Bangladesh. Therefore, it must be construed that we include the same as a matter of company policy all the European data protection regulation as mentioned herein into this terms and condition of this agreement, that is as per legally applicable under this agreement in conjunction and without violation of the laws of Bangladesh. Should you have any queries or questions regarding our Terms of Service feel free to contact us.