Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Evertics Infotech ("Company," "we," "our," or "us"), governing your use of the Chatber platform at chatber.com and all associated services (collectively, the "Service").

By creating an account, subscribing to a plan, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

2. Description of Service

Chatber is a Software-as-a-Service (SaaS) platform that provides:

• WhatsApp Business API integration for sending and receiving messages.
• Customer inbox for real-time conversation management.
• Chatbot flow builder for automated customer interactions.
• E-commerce functionality including product catalogs, order management, and shopping via WhatsApp.
• Broadcast messaging to send approved template messages to multiple contacts.
• Contact management with segmentation, tagging, and custom attributes.
• Analytics and reporting for message performance and business insights.
• Chat agent management with role-based permissions.
• API access for programmatic integration with external systems.
• Support ticketing and knowledge base.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and API tokens. You are responsible for all activities that occur under your account. You must notify us immediately at support@chatber.com if you suspect unauthorized use.

3.3 Chat Agent Accounts

If you create chat agent accounts for your team members, you are responsible for their actions on the platform. Chat agents operate under your subscription and are bound by these Terms. You can control their access through the permission settings in the Agents management page.

4. Subscription Plans and Payment

4.1 Plans and Pricing

Chatber offers multiple subscription plans (Starter, Growth, Business, and Enterprise) with varying features and limits. Current pricing is available on the Subscription page. We reserve the right to modify pricing with 30 days' prior notice.

4.2 Payment

All payments are processed through Razorpay. By subscribing, you agree to pay all applicable fees. All prices are in Indian Rupees (INR) and are exclusive of applicable taxes unless otherwise stated.

4.3 Billing Cycle

Subscriptions are billed on a recurring basis (monthly or yearly). Your subscription automatically renews unless you cancel before the renewal date. Early renewals extend from the current expiry date, not from the date of renewal.

4.4 Refund Policy

Subscription fees are non-refundable except where required by applicable law. If you cancel, you retain access until the end of your current billing period. For details, please see our Refund Policy.

4.5 Plan Limits

Each plan includes specific limits on subscribers, chat agents, WhatsApp accounts, template slots, API calls, and chatbot flows. Exceeding your plan limits requires an upgrade. We reserve the right to enforce plan limits and restrict access to features beyond your allowances.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms, Meta's WhatsApp Business API policies, and all applicable laws.

5.1 Prohibited Content

You must NOT send:

• Spam, unsolicited messages, or bulk marketing to contacts who have not opted in.
• Illegal, harmful, threatening, abusive, harassing, defamatory, or objectionable content.
• Content promoting violence, discrimination, or hatred.
• Messages containing malware, phishing links, or deceptive content.
• Content that infringes upon intellectual property rights of any third party.

5.2 Prohibited Activities

You must NOT:

• Use the Service to violate any law or third-party rights.
• Attempt to gain unauthorized access to any part of the Service or other users' accounts.
• Reverse engineer, decompile, or attempt to derive the source code of the Service.
• Use automated scripts or bots to access the Service in unauthorized ways.
• Resell or redistribute the Service without prior written consent.
• Interfere with or disrupt the integrity or performance of the Service.

5.3 WhatsApp Policy Compliance

6. Contact Management and Data Responsibilities

You are responsible for ensuring proper consent from your contacts before sending messages. This includes:

• Obtaining opt-in consent before adding contacts to your subscriber list.
• Providing a clear and easy opt-out mechanism (Chatber supports automatic opt-out via "STOP").
• Maintaining accurate and up-to-date contact information.
• Complying with applicable data protection laws (IT Act 2000, GDPR if applicable).

You are the data controller for your contacts' personal data. Chatber acts as a data processor on your behalf.

7. E-commerce Functionality

If you use Chatber's e-commerce features:

• You are responsible for the accuracy of product listings, pricing, and availability.
• You are responsible for fulfilling orders in a timely manner.
• You must comply with all consumer protection laws.
• Payment collection is facilitated through Razorpay and COD. Chatber is not responsible for payment disputes with your customers.
• You are responsible for applicable taxes, shipping, and delivery logistics.

8. API Usage

If you use the Chatber API:

• API access is governed by rate limits defined in your subscription plan.
• You must keep API tokens confidential.
• You must not use the API to circumvent subscription limits.
• We reserve the right to throttle, suspend, or revoke API access if abuse is detected.
• API availability is provided on an "as-is" basis without guarantees of 100% uptime.

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its design, code, features, logos, and trademarks, is owned by Evertics Infotech and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service during your active subscription.

9.2 Your Content

You retain ownership of all content you create, upload, or transmit through the Service. By using the Service, you grant us a limited license to process, store, and transmit your content solely for providing the Service to you.

10. Service Availability and Disclaimers

10.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, upgrades, or circumstances beyond our control.

10.2 Third-Party Dependencies

The Service relies on third-party services including Meta's WhatsApp Business API, Razorpay, and cloud infrastructure providers. We are not responsible for outages or limitations imposed by these services.

10.3 Disclaimer of Warranties

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERTICS INFOTECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Evertics Infotech from claims arising from:

• Your use of the Service or violation of these Terms.
• Your violation of any third-party rights, including intellectual property or privacy rights.
• The content of messages you send through the Service.
• Your violation of WhatsApp Business API policies or any applicable law.
• Any dispute between you and your customers or contacts.

13. Termination

13.1 Termination by You

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.

13.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy.
• You violate Meta's WhatsApp Business policies.
• Your payment fails and is not resolved within 7 days.
• We are required to do so by law.
• We discontinue the Service (with reasonable prior notice).

13.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your data within 30 days unless retention is required by law.

14. Dispute Resolution

• Informal Resolution: You agree to first attempt informal resolution by contacting support@chatber.com. We will attempt to resolve within 30 days.
• Governing Law: These Terms are governed by the laws of India.
• Jurisdiction: Legal proceedings shall be brought exclusively in the courts of Ernakulam, Kerala, India.

15. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us.
• Severability: If any provision is found unenforceable, it shall be limited or eliminated to the minimum extent necessary.
• Waiver: Failure to enforce any right shall not constitute a waiver.
• Assignment: You may not assign your rights without our consent. We may assign without restriction.
• Modifications: We may modify these Terms with notice. Continued use constitutes acceptance.
• Force Majeure: We are not liable for failures due to circumstances beyond our reasonable control.

16. Contact Information

For questions regarding these Terms:

By using Chatber, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.