By accessing or using Tchatt's services, you agree to be bound by these Terms and Conditions of Sale (hereinafter referred to as "Terms"). These Terms govern the use of our platform, tools, and services designed to enhance customer interactions and engagement through AI-powered solutions. By proceeding with our services, you acknowledge that you have read, understood, and accepted these Terms in their entirety. If you do not agree to these Terms, you must refrain from using our services. Tchatt reserves the right to update, modify, or replace these Terms at its sole discretion at any time. Changes will be communicated through appropriate means, and continued use of the services after such changes constitutes acceptance of the updated Terms.We encourage you to periodically review these Terms to stay informed of any updates.
Tchatt provides a platform for creating and managing AI-powered solutions, including customizable AI Pages, chatbot training, and related tools to enhance customer interactions. The services offered include, but are not limited to:
- AI Page Creation: Tools to design and deploy an AI-powered page that represents your brand and engages users.
- Chatbot Training:Capabilities to train a conversational AI chatbot with data provided by the client (e.g., documents, websites) to answer specific user queries.
-Data Analysis: Access to analytics features that track and analyze user interactions to optimize engagement and enhance decision-making.
- Support Services: Ongoing technical support and assistance to ensure proper operation of the platform and features.The services provided are governed by these Terms and Conditions and are subject to any additional agreements or licenses that may apply to specific features. The Client agrees to use the services solely for their intended purpose and in compliance with applicable laws and regulations.
Pricing and Fees
All prices and fees for Tchatt’s services are outlined on our platform or communicated through a formal agreement. Prices are quoted in euros and are exclusive of applicable taxes, unless otherwise specified. The user agrees to pay all charges associated with the selected plan or services.
Payment Schedule
Payments are due as per the schedule specified during subscription or at the time of purchase. For recurring services, payments will be billed automatically based on the agreed billing cycle (e.g., monthly or annually) unless the subscription is canceled in accordance with these Terms.
Accepted Payment Methods
Tchatt accepts payments via credit card, direct debit, or other methods explicitly approved on the platform. The user must ensure that payment information provided is accurate and up to date to avoid disruptions in service.
Late Payments and Suspension of Services
If payment is not received within the due date, Tchatt reserves the right to:Suspend access to the services until full payment is made.Charge late fees or penalties as permitted by applicable law.
Refunds
Payments are non-refundable unless expressly stated otherwise in specific agreements or as required by law. Partial refunds for canceled subscriptions will not be issued, except in cases determined by Tchatt at its sole discretion.
Modifications to Pricing
Tchatt reserves the right to revise its pricing, fees, or payment terms at any time. Users will be notified of such changes in advance, and continued use of the services following the notification will constitute acceptance of the revised terms.
Disputed Payments
If the user disputes a charge, they must notify Tchatt in writing within thirty 30 days from the date of the transaction. Failure to do so will result in the user waiving the right to dispute the charge.
User's Obligation to Indemnify
You agree to indemnify, defend, and hold harmless Tchatt, its affiliates, employees, agents, officers, and directors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or related to: (a) Your use or misuse of the services. (b) Your violation of these terms and conditions.(c) Your infringement of any third-party rights, including intellectual property rights, privacy rights, or other proprietary rights. (d) Any content, data, or materials you upload, share, or transmit through Tchatt’s services.
Conditions for Indemnity
Tchatt will:
- Provide you with prompt written notice of any such claim or liability.
- Cooperate reasonably in the defense or settlement of such claims, provided that such cooperation does not impose an undue burden on Tchatt.
- Allow you to assume control of the defense and settlement of the claim, provided that any settlement shall not impose any obligation or liability on Tchatt without its prior written consent.
Tchatt’s Right to Participate
Tchatt reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, if it determines it is necessary to protect its interests.
Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. This ensures that the interpretation and enforcement of these terms remain consistent, regardless of where you use our services.
Exclusive Jurisdiction
Any disputes arising out of or related to these Terms and Conditions, or the use of Tchatt’s services, shall be submitted to the exclusive jurisdiction of the competent courts located in Paris, France.
International Use
If you access or use Tchatt’s services outside of France, you are responsible for compliance with local laws and regulations in your location. Tchatt does not guarantee that its services are appropriate or available for use in all regions.
Entire Agreement
These Terms and Conditions, along with any applicable policies or additional agreements referenced herein, constitute the entire agreement between you and Tchatt concerning the services provided. They supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written, related to the subject matter.
Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible under applicable law. The remaining provisions shall remain in full force and effect.
No Waiver
The failure of Tchatt to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver must be expressly stated in writing by Tchatt to be effective.
Authorized Use
Tchatt’s services are designed to enhance customer interactions through AI-powered solutions. By using these services, the user agrees to: Use the platform in compliance with all applicable laws and regulations.Ensure that any content or data provided to train or customize the AI Page does not violate intellectual property rights, confidentiality, or third-party agreements. Access the services for their intended business or professional purposes and not for unauthorized, unethical, or harmful activities.
Prohibited Activities
Users must not:Attempt to disrupt, damage, or gain unauthorized access to the platform or related systems.Misuse the services for illegal activities, offensive or misleading content, or to harm others.Resell or distribute Tchatt’s services or features without prior written authorization from Tchatt.
User Responsibility
Users are solely responsible for the accuracy, relevance, and legality of the data or content provided for training their chatbot.Users must take appropriate measures to safeguard their login credentials and ensure the confidentiality of their account. Any unauthorized use of their account must be reported immediately.
Service Availability
Tchatt strives to provide uninterrupted services; however, the user acknowledges that occasional maintenance, updates, or unforeseen technical issues may temporarily affect service availability. Tchatt will endeavor to minimize disruptions and notify users of scheduled maintenance whenever possible.
Third-Party Integrations
Tchatt services may include integrations or links to third-party tools or systems. The user acknowledges that such integrations are subject to the terms and conditions of the third-party providers, and Tchatt is not liable for issues arising from the use of those external tools.
Modification or Termination
Tchatt reserves the right to modify or discontinue, temporarily or permanently, any service feature with prior notice to users whenever feasible. Continued use of the services after modifications implies acceptance of these changes.
Term of Agreement
This agreement remains in effect from the moment the user subscribes to or begins using Tchatt’s services until terminated by either party in accordance with these Terms.
Termination by the User
The user may terminate their subscription or use of services at any time by following the cancellation process outlined in their account settings or by contacting Tchatt’s support team. Upon termination, access to the services and associated features will cease at the end of the current billing cycle unless otherwise specified.
Termination by Tchatt
Tchatt reserves the right to suspend or terminate the user’s access to the services immediately, with or without prior notice, in the event of:Violation of these Terms.Failure to make timely payments.Misuse of the platform, including unauthorized access or illegal activities.Other circumstances at Tchatt's discretion, such as security risks or compliance violations.
Effect of Termination
Upon termination, the user will lose access to all Tchatt services, data, and customizations associated with their account.Any outstanding payments or fees incurred before termination remain due and must be settled promptly.Tchatt retains the right to delete or deactivate user data unless otherwise required by law or agreed upon in writing.
Explanation of how personal information is used to maintain the security of interior agency systems, prevent unauthorized access or fraud, and protect against other unlawful activities. Assurance that personal information will only be collected and used for purposes consistent with individuals' consent or preferences, where applicable, and in accordance with applicable privacy laws and regulations.
Exclusion of Certain Damages
To the fullest extent permitted by applicable law, Tchatt shall not be liable for any indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, revenue, goodwill, data, or other intangible losses arising out of or related to the use of or inability to use the services.
Aggregate Liability
Tchatt’s total cumulative liability for any claim under these terms, regardless of the nature or basis of the claim (whether in contract, tort, or otherwise), shall not exceed the total amount paid by the user to Tchatt for the services during the twelve (12) months preceding the event giving rise to the claim.
No Liability for Certain Events
Tchatt shall not be held liable for damages or losses resulting from events beyond its reasonable control, including but not limited to:
- Acts of nature (e.g., natural disasters, extreme weather).
- Power or internet outages.
- Cyberattacks or unauthorized third-party access.
- Legal or regulatory changes affecting service operations.
User Acknowledgement
By agreeing to these terms, users acknowledge that: Tchatt is not responsible for actions or omissions by users or third parties. Users assume full responsibility for their use of the services, including compliance with applicable laws and regulations.
Definition of Confidential Information
Tchatt’s Confidential Information includes non-public information regarding features, functionality, and performance of the Services, as well as all pages and materials accessible only after logging into the Tchatt platform.The Client’s Confidential Information is limited to non-public data provided by the Client to Tchatt in writing for the purpose of enabling the provision of the Services.
Obligations of the Receiving Party
The Receiving Party agrees:
(i) To take reasonable precautions to protect the Disclosing Party’s Confidential Information, no less protective than those it takes to safeguard its own sensitive information.
(ii) Not to use (except for performing the Services or as otherwise permitted herein) or disclose to any third party any such Confidential Information without the Disclosing Party’s prior written consent.
Exclusions
The above obligations do not apply to any information that:
(a) Is or becomes publicly available without breach of these Terms.
(b) Was known to the Receiving Party before disclosure by the Disclosing Party.
(c) Is rightfully disclosed to the Receiving Party by a third party without restriction.
(d) Is independently developed by the Receiving Party without reference to or use of the Disclosing Party’s Confidential Information.
(e) Is required to be disclosed by law or court order, provided that the Receiving Party gives the Disclosing Party reasonable notice to seek protective measures, if permitted.
Duration
These confidentiality obligations will remain in effect for five (5) years following the date of disclosure.
Compliance with Data Protection Laws
Tchatt is committed to adhering to all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant legislation governing the collection, use, and protection of personal data.
Data Collection and Usage
Tchatt collects and processes user data solely for the purpose of providing and improving its services.Data collected may include information required to train chatbots, track interactions, and personalize AI Pages. All data collection is conducted transparently and with the user’s consent where required.Users retain ownership of all data provided to Tchatt and can request its return or deletion at any time.
Data Privacy
Tchatt may collect and process Personal Data related to you, your personnel, or other representatives in connection with the use of our Services. Such data processing is governed by Tchatt’s Privacy Policy, which outlines how your information is collected, stored, and used. Tchatt may share your Personal Data with its partners, vendors, and service providers for purposes including but not limited to:
- Research and analytics to enhance and optimize the Service.
- Support, security, fraud prevention, and spam prevention measures.
- Advertising, email marketing, or other communication campaigns.
- Completing transactions and ensuring contractual compliance with this Agreement.
Data Security Measures
Tchatt employs industry-standard security practices, including encryption, secure storage, and regular audits, to ensure that personal data remains confidential and protected from unauthorized access or misuse.Access to personal data is restricted to authorized personnel only, and such personnel are bound by strict confidentiality obligations.
Data Sharing
Tchatt does not sell or rent user data to third parties.Data may be shared with third-party service providers solely for the purpose of delivering and supporting Tchatt’s services, and these providers are obligated to maintain the confidentiality and security of the data.Tchatt may disclose data as required by law or to comply with legal proceedings, provided it notifies users where legally permissible.
User Rights
Users have the following rights concerning their data:
- Access and Portability: Users can request access to the data Tchatt has collected about them and receive it in a portable format.
- Rectification: Users can request corrections to inaccurate or incomplete data.
- Erasure: Users can request the deletion of their data, subject to any legal or regulatory retention obligations
- Restriction of Processing: Users can request a limitation on how their data is processed under certain conditions.
- Objection: Users can object to certain processing activities, such as data used for marketing purposes.
Updates to This Policy
Tchatt reserves the right to update its data protection practices and policies to reflect changes in legal, technical, or business developments. Significant changes will be communicated to users in a timely manner.By using Tchatt’s services, users acknowledge and agree to the data protection measures outlined in this section.
Service "As Is"
Tchatt provides its services on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Tchatt disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
User Responsibility
Tchatt does not warrant that the services will meet specific requirements or expectations. Users are responsible for verifying that the services meet their needs and for the consequences of using the services in their particular context.
Limitation on Representations
Except as expressly provided in these terms, no advice, consultation, or information obtained from Tchatt or through its services shall create any warranty not expressly stated in these terms.
Frequent question
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