Terms of Service
Last updated: December 12, 2024
Quick Summary
- • ZubaChat provides AI-powered WhatsApp automation for businesses
- • You are responsible for the content your AI sends to customers
- • Monthly subscription fees apply based on your plan
- • You can cancel your subscription at any time
- • We may suspend accounts that violate these terms
1Acceptance of Terms
By accessing or using ZubaChat ("Service"), operated by ZubaChat Inc., a Canadian corporation based in Calgary, Alberta, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service. By using ZubaChat, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.
2Description of Service
ZubaChat is a SaaS platform that provides:
- AI-powered automated responses for WhatsApp Business conversations
- Customer conversation management dashboard
- Order and payment tracking capabilities
- Analytics and reporting tools
- Human takeover functionality for complex inquiries
- Integration with WhatsApp Business API via Meta or third-party providers
3Account Registration
When you create an account, you agree to:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
4Acceptable Use
You MAY use ZubaChat to:
- • Automate customer service responses
- • Process sales inquiries and orders
- • Send legitimate business communications
- • Manage customer relationships
- • Track orders and payments
You may NOT use ZubaChat to:
- • Send spam or unsolicited messages
- • Engage in fraudulent activities
- • Harass or abuse customers
- • Violate WhatsApp's terms of service
- • Distribute illegal content
- • Impersonate other businesses
5Fees and Payment
- Subscription Fees: ZubaChat charges monthly subscription fees based on your selected plan. Fees are billed in advance.
- Message Costs: WhatsApp messaging fees charged by Meta are separate and are your responsibility. These may be billed through your WhatsApp Business provider.
- Payment: You agree to pay all fees when due. Failure to pay may result in service suspension.
- Refunds: Subscription fees are generally non-refundable. Partial refunds may be issued at our discretion.
- Price Changes: We reserve the right to change prices with 30 days notice.
6AI-Generated Content
Important Notice
ZubaChat uses artificial intelligence to generate responses. While we strive for accuracy, AI-generated content may occasionally be inaccurate or inappropriate. You are responsible for reviewing and approving the AI's behavior through your knowledge base settings, and for any content sent to your customers through the Service.
7Intellectual Property
The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of ZubaChat and its licensors. The Service is protected by copyright, trademark, and other laws.
Your content (business information, product data, etc.) remains your property. By using ZubaChat, you grant us a license to use this content solely to provide the Service.
8Termination
We may terminate or suspend your account immediately, without prior notice, for any reason, including but not limited to:
- Breach of these Terms
- Violation of WhatsApp's policies
- Fraudulent or illegal activity
- Non-payment of fees
- Request by law enforcement
You may cancel your subscription at any time through your account settings. Upon termination, your right to use the Service will immediately cease.
9Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZUBACHAT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use the Service
- Any unauthorized access to your data
- AI-generated content or responses
- Third-party services (WhatsApp, payment processors, etc.)
- Service interruptions or downtime
10Dispute Resolution & Arbitration
Important: Please Read Carefully
This section affects your legal rights, including your right to file a lawsuit in court. By using ZubaChat, you agree that disputes will be resolved through binding arbitration rather than in court, except as specified below.
10.1 Informal Resolution First
Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@zubachat.com and attempt to resolve the dispute informally for at least thirty (30) days. We will do the same before initiating any proceeding against you. This informal process gives both parties an opportunity to resolve disputes without the expense and delay of formal proceedings.
10.2 Binding Arbitration Agreement
If we are unable to resolve a dispute through informal negotiation, you and ZubaChat agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.
The arbitration shall be administered by the ADR Institute of Canada (ADRIC) in accordance with its Arbitration Rules. The arbitration shall take place in Calgary, Alberta, Canada, or may be conducted remotely via video conference at the discretion of the arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
10.3 Arbitration Process
- The party initiating arbitration must send a written notice of the claim to the other party.
- The arbitration shall be conducted by a single arbitrator mutually agreed upon by both parties, or appointed by ADRIC if the parties cannot agree.
- Each party shall bear their own costs and expenses, and the arbitration fees shall be split equally unless the arbitrator determines otherwise.
- The arbitrator may award any relief that would be available in a court of law.
- The arbitration proceedings and any award shall be confidential.
10.4 Class Action Waiver
You and ZubaChat agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.If for any reason a claim proceeds in court rather than in arbitration, you and ZubaChat each waive the right to a jury trial and the right to participate in a class action.
10.5 Exceptions to Arbitration
Notwithstanding the above, the following matters are not subject to arbitration and may be brought in court:
- Claims that qualify for small claims court
- Actions seeking injunctive or other equitable relief for intellectual property infringement or misappropriation
- Claims related to the enforcement or validity of intellectual property rights
10.6 Right to Opt Out
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@zubachat.com within thirty (30) days of first accepting these Terms. Your notice must include your name, account email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you may pursue claims in court in accordance with Section 11 (Governing Law).
11Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. Subject to Section 10 (Dispute Resolution & Arbitration), any disputes that are permitted to proceed in court shall be resolved in the courts of Calgary, Alberta, Canada.
12Changes to Terms
We reserve the right 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.
Contact Us
If you have any questions about these Terms, please contact us:
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