Terms of Use

Terms of Use For All Users

Welcome to ChattBack. The following terms and conditions (the "Terms of Use") are a legal agreement between You, the user ("You") and ChattBack Communications Ltd. ("ChattBack" or "we") that govern Your use of and access to the www.chattback.com website (the "Site") and all materials, information, products and services available on the Site (collectively, the "Service"); provided, however, that if you are, or your employer is, a subscriber to the ChattBack subscription service (the "Subscription Service"), then your access and use of the Subscription Service will be governed by the terms and conditions set forth in a separate agreement between You and ChattBack, as set forth in Section 2 below. By using the Service, You acknowledge that You have read, understand and agreed to be bound by these Terms of Use and our Privacy Policy. If You do not agree to these Terms of Use and our Privacy Policy, do not use the Service.

AS FURTHER DESCRIBED BELOW, THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Read our Privacy Policy

For information about our data pratices, please see our Privacy Policy , including our Cookie Policy Statement. By accessing or use the Service, you agree that we can collect and use your information in accordance with the Privacy Policy.

Residents of the European Union may read about our additional commitments concerning your privacy by reviewing how ChattBack complies with the requirements of the EU's General Data Protection Regulation www.chattback.com/privacy-gdpr.html

2. Account Registration and Eligibility

a. Age Requirement. In order to use the Service, You must be in a country in which ChattBack is legally authorized to operate the Service and be at least 18 years of age. You represent that (i) You have read and understood, and that You agree to be bound by, these Terms of Use, and (ii) You are at least 18 years of age. If You do not agree to, or cannot comply with, these Terms of Use please do not check the acceptance box and do not attempt to access any of the Service. If You are using the Service on behalf of an entity, organization or company ("Company"), then You represent and warrant that You have the authority to bind the Company to these Terms of Use and agree to be bound by these Terms of Use.

b. Receiving Messages. By agreeing to these Terms of Use or requesting a text message from us, You agree that we and those acting on our behalf may send You text (SMS) messages (including texts sent using an autodialer) from us at the phone number You provided us, even if that number is on a National or State Do Not Call List. These messages may include the information you requested and operational messages related to Your use of the Service, as well as marketing or other promotional messages. YOU MAY REPLY "STOP" FROM THE MOBILE DEVICE RECEIVING THE MESSAGES TO OPT OUT. You may also opt out by sending an email with your cellphone number and the subject line "Opt-Out" to info@chattback.com. You may continue to receive text messages for a short period while we process Your request, and You may also receive text messages confirming the receipt of Your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase or service offered by us. If You change or deactivate the phone number You provided to us, You must update Your account information to help prevent us from inadvertently communicating with anyone who acquires Your old number. Standard telephone minute charges applied by Your cell phone carrier may apply. We may, without further notice or warning and in our discretion, monitor or record telephone conversations and text message communications that we have with You or anyone acting on Your behalf for quality control and training purposes or to protect our rights. You agree that we may send You emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

3 . Use of the Service

a. License. Subject to these Terms of Use, ChattBack grants to You a limited, nonexclusive, personal right to access and use the Service. Except as stated herein, the materials or information on the Service may not be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ChattBack. Any unauthorized use of any material or information contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, You may copy, distribute and download the materials and information on the Service for personal, noncommercial use, provided You do not modify, create derivative works of, or attempt to derive the source code of the Service and that You retain all copyright and other proprietary notices contained in the Service. This permission terminates automatically if You breach any provision contained in these Terms of Use. Upon termination, You must immediately destroy any downloaded and printed materials and information. Except as otherwise provided on the Service, all rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Service and in all materials and information contained on the Service belong exclusively to ChattBack and/or its licensors.

b. Restrictions. You agree not to: (a) take any action that imposes an unreasonable load on the Service's infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service; (d) delete or alter any material ChattBack or any other person or entity posts on the Service; (e) frame or link to any of the materials or information available on the Service; (f) alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; (g) use any trademarks, service marks, design marks, logos, photographs, or other content belonging to ChattBack or obtained from the Service; (h) access, tamper with, or use non-public areas of the Service, ChattBack's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of ChattBack's providers; (i) harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including ChattBack employees; (k) provide any false personal information to ChattBack; (l) create a false identity or impersonate another person or entity in any way; (m) create a new account with ChattBack, without ChattBack's express written consent, if ChattBack has previously disabled an account of Yours; (n) solicit, or attempt to solicit, personal information from other users of the Service; (o) restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service; (p) use the Service to send emails or other communications to persons who have requested that You not send them communications; (q) use the Service, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; (r) gain unauthorized access to the Service, to other users' accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service; (s) post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; (t) interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers; (u) violate any applicable federal, state, or local laws or regulations or the terms of these Terms of Use; or (v) assist or permit any persons in engaging in any of the activities described above.

4. Content

By uploading, emailing, posting, publishing, transmitting or submitting any ideas, content or information (collectively (and excluding, for the avoidance of doubt, text messages sent using the Subscription Service, including on a free-trial basis, "Content") on or through the Service, You automatically grant ChattBack a perpetual, royalty-free, irrevocable, nonexclusive, worldwide right and license to use, reproduce, modify, adapt, publish, transmit, publicly perform, publicly display and distribute such Content on or in any form, medium, or technology now known or later developed, but solely for the purpose of providing you with the Service.

You are solely responsible for Your Content and the consequences of posting or publishing Content. By posting or publishing Content, You affirm, represent, and warrant that: (i) You have the necessary licenses, rights, consents, and permissions to authorize ChattBack and users of the Service to use and distribute Your Content as necessary to exercise the licenses granted by You in this section, in the manner contemplated by ChattBack, the Service, and these Terms of Use; and (ii) Your Content, and the use of Your Content as contemplated by these Terms of Use, does not and will not: (a) infringe, violate, or misappropriate any third-party right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause ChattBack to violate any law or regulation. You will not upload, email, post, publish or otherwise transmit through the Service any Content that (1) is false or misleading, (2) is threatening, harassing or promotes bigotry, racism, hatred or harm against any group or individual; (3) is scandalous, obscene, profane or pornographic; (4) infringes another's rights, including but not limited to intellectual property rights or (5) constitutes unsolicited e-mail, "junk mail," "spam", solicitations, promotions, advertisements or chain letters.

In addition, You warrant that all moral rights in the Content have been waived. All Content will be treated by ChattBack as non-confidential and non-proprietary. Notwithstanding the foregoing, all personal data provided to or captured by ChattBack online will be handled in accordance with ChattBack's Privacy Policy.

5. Privacy

ChattBack's Privacy Policy will apply to Your use of the Service. The terms of ChattBack's Privacy Policy are made a part of these Terms of Use; please review ChattBack's Privacy Policy and related information about Your privacy and ChattBack's use of Your information. You acknowledge and agree that You are responsible at all times for maintaining the confidentiality and protection of Your account and password information if such information is applicable to Your use of the Service.

6. Cookie Policy

Like many services, we use cookies, pixels, local storage, and software development kits ("SDKs") to remember things about you so that we can provide you with a better experience.

Cookies are small data files stored on your browser or device. They may be served by the entity that operates the website you are visiting ("first-party cookies") or by other companies ("third-party cookies").

For example, we partner with third-party analytics providers, like Google, which set cookies when you visit our websites. This helps us understand how you are using our Services so that we can improve them.

Pixels are small images on a web page or in an email. Pixels collect information about your browser or device and can set cookies.

OUR USE OF THESE TECHNOLOGIES

Below are the ways that we and our partners use these technologies on our Services.

Category of Use Purpose of Use

Preferences: To help us remember Your settings and preferences so we can provide You with a personalized experience

Authentication and Security: To log You into the Service; to help us show Your account data; and to help us keep Your data secure

Service Features and Performance: To provide You with optimized performance of the Service such as the Site load speed

Analytics: To help us understand how You are using the Service so that we can improve Your experience faster, better, and safer

YOUR CHOICES

You have a number of options to control or limit how we and our partners use cookies and similar technologies.

Although most browsers and devices accept cookies by default, their settings usually allow you to clear or decline cookies. If you disable cookies, however, some of the features of our Services may not function properly.

To prevent your data from being used by Google Analytics, you can install Google's opt-out browser add-on.

7. Account Registration and Eligibility.

8. Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, AND THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SERVICE, ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMITTED BY LAW, ChattBack , ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, "ChattBack PARTIES") HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND WITH RESPECT TO THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE ChattBack PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE ChattBack PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, ChattBack PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ChattBack PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ChattBack, OR ITS AFFILIATES, DISTRIBUTORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR COVER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), OR ANY OTHER SIMILAR DAMAGES OR LOSS, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SERVICE, THE INFORMATION AND MATERIALS ON THE SERVICE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF ChattBack HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ChattBack'S MAXIMUM LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THE SERVICE WILL BE $50.

10. Indemnification And Release

To the fullest extent permitted by law, You will hold ChattBack harmless from any and all claims, demands, and expenses, including attorney's fees, arising from Your use of the Service and any information, materials, services, or products available through the Service in a manner not authorized by these Terms of Use.

11. Term; Termination of Use

These Terms of Use are effective beginning when You access the Service. You agree that ChattBack may, in its sole discretion, at any time terminate Your access to the Service and any account(s) You may have in connection with the Service. Access to the Service may be monitored by ChattBack. You may discontinue use of the Service at any time. Upon termination of these Terms of Use: (i) Your license rights will terminate and You must immediately cease all use of the Service; (ii) You will no longer have access to Your account (if any). ChattBack reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to You. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service.

12. Changes

ChattBack reserves the right, at its sole discretion, to modify the Terms of Use in whole or in part, at any time; provided that ChattBack will endeavor to provide You with prior notice of any material changes to the Terms of Use. Please check this page periodically for changes. Changes in the Terms of Use will be effective when notice of such change is posted. Your continued use of the Service after any changes to the Terms of Use are posted will mean You accept those changes. ChattBack may terminate, change, suspend, or discontinue any aspect of the Service, including the availability of any features of the Service, at any time. ChattBack may also impose limits on certain features and services or restrict Your access to parts or all of the Service without notice or liability.

13. Copyright Complaints

We respect the intellectual property of others, and we ask You to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others. ChattBack's intellectual property policy is to (i) remove or disable access to material that ChattBack believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service, and (ii) remove any Content uploaded to the Service by "repeat infringers." ChattBack considers a "repeat infringer" to be any user that has uploaded Content to or through the Service and for whom ChattBack has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512 with respect to such Content. ChattBack has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon ChattBack's own determination. If You believe that Your work or content has been copied in a way that constitutes copyright infringement, please contact us at info@ChattBack.com and provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; (ii) identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works; (iii) identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ChattBack to locate the material; (iv) information reasonably sufficient to permit ChattBack to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; (v) a statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our agent for notice of claims of copyright infringement on this Service can be reached using the contact information above.

14. Dispute Resolution

a. Generally. In the interest of resolving disputes between You and ChattBack in the most expedient and cost effective manner, You and ChattBack agree that any dispute arising out of or in any way related to these Terms of Use or Your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms of Use or Your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND ChattBack ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

b. Exceptions. Despite the provisions of the Section entitled "Generally" directly above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

c. Notice; Process. A party who intends to seek arbitration must first send a notice of the dispute to the other party by electronic mail ("Notice"). ChattBack's address for Notice is: info@chattback.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, You or ChattBack may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or ChattBack must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in Your favor with a monetary award that exceeds the last written settlement amount offered by ChattBack prior to selection of an arbitrator, ChattBack will pay You the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by ChattBack in settlement of the dispute prior to the arbitrator's award; or (iii) $15,000.

d. No Class Actions. YOU AND ChattBack AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and ChattBack agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

g. Modifications to this Arbitration Provision. If ChattBack makes any future change to this arbitration provision, other than a change to ChattBack's address for Notice, You may reject the change by sending us written notice within 30 days of the change to ChattBack's address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes You rejected, will continue to govern any disputes between You and ChattBack.

h. Enforceability. If the Section entitled "No Class Actions" is found to be unenforceable or if the entirety of this Dispute Resolution Section is found to be unenforceable, then the entirety of this Dispute Resolution Section will be null.

18. Contact Information

If You have any questions or concerns about these Terms or Use or the Service, please send us a thorough description by email to info@chattback.com

15. Entire Agreement

Except as expressly set forth in these Terms of Use, these Terms of Use (together with the Privacy Policy, if applicable) constitute the entire agreement between ChattBack and You with respect to Your use of the Service. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Terms of Use shall continue in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between You and ChattBack as a result of these Terms of Use or use of the Service. You further acknowledge that by submitting Content, no confidential, fiduciary, contractually implied or other relationship is created between You and ChattBack other than pursuant to these Terms of Use. ChattBack's failure to act on or enforce any provision of these Terms of Use will not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver will be effective against ChattBack unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.