This Terms of Service was last modified on February 25, 2021.
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the website under the domain CHATCAMPAIGN.TECH and CHATCAMPAIGN.IO (the “Service”) operated by ChatCampaign Limited, a Hong Kong company (“ChatCampaign”, “us”, “we”, or “our”).
By implementing or using the Service (as defined below) on Your website, service or application, or by using, or signing up for an account on Our Site, You agree that You are authorized to accept this Agreement on behalf of Yourself and that You are bound by this Agreement. If You are agreeing to this Agreement for use of the Service by an organization, then You are agreeing to this Agreement on behalf of that organization (and “Customer,” “You” and “Your” will refer to that organization). You must have the authority to bind that organization to this Agreement; otherwise You must not sign up for the Service. By using the Service, You are representing and warranting that You are over the age of 18, or the legal age of majority in your jurisdiction of residence. ChatCampaign does not make the Service available to anyone under the age of 13.
Your use of the Service and each website (each a “Site”) owned and operated by ChatCampaign are governed by these Terms of Service. The Service is comprised of certain ChatCampaign proprietary software (the “Software”) that allows You to automate messaging and obtain business automated flows through our website, service, or application, (the Software and services provided thereby and from Our Sites shall be collectively known as the “Service(s)”).
Please note that if You have executed a separate written agreement with ChatCampaign regarding your use of certain of Our Services, then that agreement, and not these Terms of Service, applies to those Services.
You will not, directly or indirectly:
With respect to any Software that is distributed or provided to You for use on Your premises or devices, Company hereby grants You a non-exclusive, non-transferable, non-sublicensable license to use such Software during Subscription Period.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer 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 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.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
Our Services uses data (“Customer User Data”) about how your customers and other users (your “Users”) use and interact with your website, services, messaging apps, and applications (including without limitation User name, postal address, e-mail address, IP address and phone number). ChatCampaign may also store Customer User Data in connection with the Service. ChatCampaign is not responsible for inspecting the Customer User Data that it collects, and collects such information automatically under your direction when providing Our Service.
As between Customer and ChatCampaign, Customer shall retain all right, title and interest in and to the Customer User Data. Customer acknowledges that ChatCampaign exercises no control whatsoever over the content of the information (including Customer User Data) passing through ChatCampaign’s systems and networks in connection with providing the Service. Customer will be responsible for the accuracy, quality and legality of Customer User Data and the means by which Customer acquired the Customer User Data.
We collect, store, and use your Customer User Data on Our servers to provide You with the Service. Our Service transfers data to servers that store User data in Hong Kong and outside of Hong Kong. We only share User information as You direct and with others under special circumstances as follows:
We provide You with access to your Customer User Data and ability to delete any of your User data (subject to Our legal obligations) by request. We also take commercially reasonable steps to safeguard Customer User Data. Provided, however that no security system is impenetrable. It may be possible for third parties to intercept or access Customer User Data, and We cannot guarantee the security of such information and is not responsible for unauthorized access to your account or Customer User Data.
You agree to comply with all applicable privacy and data protection regulations. You agree to provide appropriate notices to your Users about, and if required by applicable laws, obtain appropriate consent from Users for, your information collection and use practices relating to your use of Our Services, and your use of any service providers or other third parties that You instruct to send us data or to whom You instruct us to send Your Customer User Data. You will not collect or provide us with any Customer User Data (or have a third party do the same), nor request us to collect from, or forward any Customer User Data to, any third party, or request (through the ChatCampaign Service or directly) such third party to perform any processing or transmission, in violation of any law, regulation, or third party right, including without limitation intellectual property, privacy or contractual right. We will not be responsible for any act omission of any third party that You request to provide us with Customer User Data or to whom You request us to forward your Customer User Data, and You will indemnify and hold us harmless arising out of or related to their provision or use of the Customer User Data.
You, and any third party on Your behalf, shall not provide ChatCampaign with any data that is considered “sensitive personal data” under the EU Data Protection Directive 95/46/EC, or that is otherwise subject to heightened restrictions relating to the transmission or processing of data for the jurisdictions in which You and ChatCampaign operate. Examples of such restrictive frameworks include, but are not limited to, Hong Kong’s Personal Data (Privacy) Ordinance, EU’s General Data Protection Regulation, the Health Insurance Portability and Accountability Act, the Children’s Online Privacy Protection Act, and the standards promulgated by the PCI Security Standards Council. It is your responsibility at all times to ensure that the means of passing data to ChatCampaign, as well as the data itself, along with your directives that We pass this data on to third party tools, at all times comply with the laws, regulations and agreements to which You, the data, or ChatCampaign are subject.
ChatCampaign collects, stores, and uses Customer User Data to maintain and improve the Application Services. ChatCampaign may also use Customer User Data in an aggregated form for ChatCampaign’s own purposes.
Our Service may contain links to third party web sites or services that are not owned or controlled by ChatCampaign Limited
ChatCampaign Limited has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that ChatCampaign Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You grant Chatcampaign the right to use Your organization’s name, mark and logo on Chatcampaign’s website, in Chatcampaign marketing materials; provided, however, that any such use must be pre-approved, not to be unreasonably withheld, in writing by You. Without requiring Your prior approval, You agrees that ChatCampaign may state the fact that Your organization is a Chatcampaign customer without revealing specifics about the Agreement or the relationship.
These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.