Terms of Service

1. Agreement to Terms

By accessing or using ChatMandu ("Service," "Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and ChatMandu regarding your use of our WhatsApp messaging automation platform.

2. Description of Service

ChatMandu provides a WhatsApp Business API integration platform that enables:

• Automated WhatsApp messaging and chatbot functionality
• AI-powered customer service responses using OpenAI, Google Gemini, or Anthropic
• Message template management and broadcast capabilities
• Contact and client management
• Analytics and reporting tools
• API integration for developers

3. Eligibility

You must meet the following requirements to use the Service:

• Be at least 18 years of age
• Have a valid WhatsApp Business Account
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations
• Not be prohibited from using the Service under applicable law

4. Account Registration and Security

4.1 Account Creation

You must create an account to use the Service. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service for legitimate business purposes, including customer communication, support, marketing (with proper consent), and automation of WhatsApp messaging.

5.2 Prohibited Activities

You may NOT use the Service to:

• Send spam, unsolicited messages, or violate anti-spam laws
• Harass, abuse, threaten, or intimidate others
• Distribute malware, viruses, or harmful code
• Engage in fraudulent, deceptive, or illegal activities
• Violate intellectual property rights
• Scrape or harvest data without permission
• Impersonate others or misrepresent your identity
• Interfere with or disrupt the Service
• Reverse engineer or attempt to extract source code
• Resell or redistribute the Service without authorization
• Violate WhatsApp's Terms of Service or Business Policy
• Send adult content, hate speech, or illegal content

6. WhatsApp Business API Compliance

You acknowledge and agree to comply with:

• WhatsApp Business Policy and Terms of Service
• WhatsApp Commerce Policy (if applicable)
• Meta's Business Tools Terms
• All applicable messaging and privacy regulations

Violations of WhatsApp's policies may result in your WhatsApp Business Account being banned, for which ChatMandu is not responsible.

7. Fees and Payment

7.1 Service Fees

Fees for the Service are based on your selected plan and usage. Current pricing is available on our website. We reserve the right to modify fees with 30 days' notice.

7.2 Payment Terms

• Payments are due in advance on a monthly or annual basis
• All fees are non-refundable unless otherwise stated
• You are responsible for all taxes associated with your use
• Failure to pay may result in service suspension or termination

7.3 Third-Party Costs

You are responsible for costs associated with:

• WhatsApp Business API conversation fees (charged by Meta)
• AI provider API costs (OpenAI, Google, Anthropic) if using your own keys
• SMS verification or phone number costs

8. Intellectual Property

8.1 Our Rights

The Service, including all software, designs, text, graphics, and content (excluding your content), is owned by ChatMandu and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

8.2 Your Content

You retain ownership of all content you submit to the Service (messages, templates, media, etc.). By using the Service, you grant us a limited license to use, store, and process your content solely to provide the Service.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without compensation or attribution.

9. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms. We collect, use, and protect your information as described in the Privacy Policy.

You are responsible for obtaining necessary consents from your customers before sending them messages through the Service.

10. AI Services and Limitations

Our AI chatbot features are powered by third-party providers (OpenAI, Google, Anthropic). You acknowledge:

• AI responses may not always be accurate or appropriate
• You should review and monitor AI-generated messages
• We are not responsible for errors or issues caused by AI responses
• AI services are subject to third-party terms and availability
• You are responsible for ensuring AI responses comply with applicable laws

11. Service Availability

We strive to provide reliable service but do not guarantee:

• 100% uptime or uninterrupted access
• Error-free operation
• Availability of third-party services (WhatsApp API, AI providers)
• That the Service will meet all your requirements

We may perform scheduled maintenance with reasonable notice. Emergency maintenance may occur without advance notice.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE PAST 12 MONTHS
• WE ARE NOT RESPONSIBLE FOR WHATSAPP ACCOUNT BANS OR RESTRICTIONS
• WE ARE NOT LIABLE FOR THIRD-PARTY SERVICES (WhatsApp, AI providers, etc.)
• WE ARE NOT LIABLE FOR DATA LOSS (you should maintain backups)

13. Indemnification

You agree to indemnify and hold harmless ChatMandu, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your content or messages sent through the Service
• Unauthorized access resulting from your failure to secure your account

14. Termination

14.1 By You

You may terminate your account at any time through your account settings. Termination does not entitle you to a refund of prepaid fees.

14.2 By Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in fraudulent or illegal activities
• Pose a security risk to the Service or other users

14.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your data after a reasonable retention period. Sections of these Terms that should survive termination (including liability limitations and indemnification) will remain in effect.

15. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a legal claim, you agree to contact us at legal@chatmandu.tech to attempt to resolve the dispute informally.

16.2 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except where prohibited by law. You waive your right to participate in class actions.

16.3 Governing Law

These Terms are governed by the laws of your jurisdiction, without regard to conflict of law principles.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you andChatMandu regarding the Service.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

17.5 No Agency

No agency, partnership, joint venture, or employment relationship is created by these Terms.

18. Contact Information

For questions about these Terms, contact us:

• Email: legal@chatmandu.tech
• Support: support@chatmandu.tech
• Website: https://chatmandu.tech

19. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.