Terms & Condition

welcome to chatsense!

These terms & conditions outline the rules and regulations for the use of Chat Sense's services, located at ChatSense.in.

By accessing Chat Sense platform and its services you confirm your consents and accepts the terms and conditions. Do not continue to use Chat Sense if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these terms and conditions, privacy statement and disclaimer notice and all agreements: "Client", "You" and "Your" refers to you, the person log on this website and agrees to the Company's terms & conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the company's stated services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

1. Modifications To The Service And Fees

Chat Sense reserve the right to modify, suspend, or discontinue the service at any time for any reason with or without notice.

We reserves the right to change our monthly/annually fees upon 45 days notice. Fee change will be notified per email to all our subscribers and will be reflected on the pricing page at Chat Sense pricing.

Chat Sense reserves the right to update and change the Terms of Service from time to time without notice. Any new features that improves or enhance the current Service, including the release of new tools and resources, shall be subjected to the terms of services. You may continue to use the service after any such enhancement have been made, this shall constitute your agreement to such modifications.

2. License and ownership

Unless otherwise stated, Chat Sense and/or its licensors own the intellectual property rights for all material on Chat Sense. All intellectual property rights are reserved. You may access this from Chat Sense for your own personal use subjected to restrictions set in these terms and conditions.

Chat Sense reserves all rights, title, and interest in, and client will not acquire any right, title or interest in services and content provided by Chat Sense.

The license granted under these terms of use is only for the limited use of the services by the client for its business operations and shall not include, without limitation, the right to:

You Must Not :

• Republish material from Chat Sense
• Modify, reproduce or make derivative works based on the services or the content
• license, sublicense, sell, resell, transfer, assign, distribute or redistribute Chat Sense platform or its content and services to any third party
• Reproduce, duplicate or copy material from Chat Sense
• Redistribute content or services from Chat Sense
• Use the platform for any purpose other than related with the Client`s internal business operations
• Reverse engineer or access the services for any reason whatsoever, including without limitation, to (i) rebuild a competitive product or service, (ii) create a product using similar ideas functions or content of the Chat Sense or (iii) to copy any ideas, functions or content of the services

All right's, title and interest in the Chat Sense property will remain with us. For greater certainty, the Chat Sense`s property is licensed and not “sold” to Client.

3. Client data protection and privacy

• Unless explicitly stated otherwise in these Terms of Use, the client shall be responsible to ensure that relevant consents under applicable data protection laws have been obtained from the users and/individual/data subjects. The client hereby agrees and acknowledges that the Chat Sense shall have no liability towards any user arising as a result of the collection and processing of any personal data by the client.
• Client shall be responsible to maintain records of all consents collected as per the Applicable Data Protection Laws. The client shall be liable to pay for any damages that the company incurs due to inaccurate/insufficient consents received from any users.
• The Company will not use client`s personal data collected on behalf of the client, received from the client or its authorized personnel or otherwise processed on behalf of the client for any purpose other than as required for the utilization of the services under the terms of Use.
• The Parties shall agree with the provisions of Applicable Data Privacy Laws and shall undertake reasonable security practices as may be prescribed under such Applicable Data Protection Law.

4. Right to Use Client Data

Client consents and agrees that Chat Sense may use, reproduce, store, modify, and transfer to it's subcontractors, client data, including personal data, solely in connection with delivering the services under this agreement. Client for their acknowledges and agrees that Chat Sense can store, use, reproduce, modify, and transfer data that is not related to an identified or identifiable person, including aggregated or de-identified data, without restrictions, for its internal business purposes, including but not limited to such purposes as analytics, quality assurance, product and service enhancement, and new product and service development. client agrees to cause any administrative user, client`s client, and chat participant to agree to the terms.

5. Client Responsibilities

Clients are responsible for maintaining the privacy and security of their accounts. Chat Sense will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password. client consents and agrees that they are responsible for the activities and communications of all administrative users and chat participants on the Chat Sense platform, and the acceptance by all administrative users, client`s clients and chat participants with this agreement, and any guidelines and policies published by Chat Sense from time to time.

The client is fully responsible for all activities that takes place under the account and any other actions taken in connection with the account. They are responsible for all data send and activity that undergoes in their account (even when data is sent by others to your account).

Chat Sense may, but have no obligation to, remove content and accounts containing content that we determine in our sole interest are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party`s intellectual property or these Terms of Use.

Without limiting the generality of any of the prior, client will not, and will not permit any other entity or a person (including any administrative users, client`s clients or chat participants) to:-

Use the Chat Sense platform to upload, send, collect, store, use, disclose or process, or request Chat Sense to obtain from third parties or perform any of the above with respect to, any client data that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data that client or the applicable administrative user, client`s client or chat participant does not have the lawful right to send, upload, collect, transmit, store, use, disclose, process, copy, transmit, distribute and display that is not true or intentionally misleading ,or impersonates any other person that is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual that is harmful to minors or community in any way or targeted at people under the age of 16 that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity) or that encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability - disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Chat Sense Platform (e.g., a denial of service attack) attempt to gain unauthorized access to the Chat Sense platform use any data mining, robots, or similar data gathering or extraction methods, or copy, Modify, reverse engineer, reverse assemble, disassemble, or de-compile the Chat Sense or any part thereof or otherwise attempt to discover any source code, except as expressly provided for in this Agreement.

5.1 WhatsApp & Usage Policy

The client shall adhere to all the terms & conditions set by WhatsApp at all times. WhatsApp may update WhatsApp Business policy without notice by continuing to use the WhatsApp Business products after such change, client consents to such changes.

https://www.WhatsApp.com/legal/business-policy/ The client is not in violation of the WhatsApp Commerce policy, and not in any of the restricted industries. https://www.WhatsApp.com/legal/commerce-policy/

WhatsApp may add limits to businesses on the number of messages to send per day. All clients must adhere to this messaging limit.

https://developers.facebook.com/docs/WhatsApp/api/rate-limits WhatsApp has the absolute discretion to review, approve or reject any message templates (as defined in WhatsApp documentations) at any time.

Client agrees to ensure full compliance with WhatsApp policies regarding sending of messages.

WhatsApp does not offer a way to be notified when a user has blocked your sender, or to retrieve a list of users who have blocked you.

Any violation of these WhatsApp policies may lead to suspension of the number by WhatsApp. WhatsApp has absolute discretion to limit or remove client`s access to or use of the WhatsApp business products if client receives excessive negative feedback, causes harm to WhatsApp or WhatsApp`s users, or violates or encourages others to violate our terms or policies, as determined by WhatsApp in our sole discretion. If WhatsApp terminates your account for violations of relevant WhatsApp Business terms or policies, WhatsApp may prohibit client and client organization from all future use of WhatsApp products.

Chat Sense shall take no responsibility in case of any such violations. Any additional charges arising due to this shall be borne by the client.

Once registered on ChatSense.in, clients cannot reuse the WhatsApp number on WhatsApp Business App or WhatsApp mobile app. The client owns the phone number.

5.2 WhatsApp Onboarding & Verification Terms

WhatsApp imposes reviews, such as Facebook business verification
https://www.facebook.com/business/help/2058515294227817?id=180505742745347 to ensure the quality of businesses using WhatsApp products. These requirements are prerequisites to use WhatsApp Business API, and chatSense.in. WhatsApp has absolute discretion to approve client`s usage of WhatsApp products. We will assist with the application and submission process By using Chat Sense, clients agree to the setup for WhatsApp business API, and will providing all the prerequisite documents as required by WhatsApp & facebook.

5.3 WhatsApp Message Policy

WhatsApp may change acceptable message types and related policies at their absolute discretion at all times.

The client may only initiate chats if you are sending a transactional notification, and only via approved message templates (as defined in WhatsApp documentation), subject to applicable pricing. Any message templates must comply with WhatsApp`s terms, and only be used for their designated purpose. WhatsApp has the right to review, approve and reject any message template at any time. — client acknowledges that they are responsible for the variable message template costs, billed by Chat Sense.

If a person initiates a chat with client, you may continue that conversation via WhatsApp for up to 24 hours after the last message sent to you by that person without charge (“client Service Window”). Outside of the client service window, client may only send messages via approved message templates, for which Chat Sense will bill and charge client the applicable rate.

Client may use automation when responding during the client service window, but must also have available prompt, clear, and direct escalation paths to human agents

6. Email and Web Support

Client will generally have access to Chat Sense`s technical support from 10:00am to 7:00pm IST (UTC+5:30) on weekdays (other than holidays observed by Chat Sense) through email support, or through the web site using our chat widget, or by mailing us on help@chatsense.in.

7. Fees and Payment

Fees. Client will pay to Chat Sense the applicable fees described on theChat Sense website (the “Fees”) during the term in accordance with the payment terms set out here in.

Third Party Messaging Platform Fees. For greater clarity, Chat Sense`s Fees do not include any charges that may be assessed by third party messaging platforms for access to or use of a channel. Such charges shall be the responsibility of client, when they paid directly to the third party messaging platforms or when their such access is resold through Chat Sense, in which case Chat Sense shall advise client in writing as to the applicable charges and client shall have the right to accept such charges or decline them and not use the associated channel. In the event a third party messaging platforms imposes special requirements on Chat Sense beyond API integrations, including but not limited to hosting endpoints unique to that channel, then Chat Sense shall have the right to charge client for this additional service and client shall have the right to accept such charges or decline them and not use the associated channel.

7.1 Payment Terms:

All Fees shall be in Indian rupees.

The subscription start immediately after you make the payment. The on-boarding verification time is counted towards the subscription.

One-time on-boarding fee for WhatsApp Green Tick verification is non-refundable. WhatsApp holds absolute discretion whether to grant WhatsApp Green Tick, that they verify client as an authentic, notable brand that owns the Whatsapp account.

1. Verify your account in Meta Business Manager.

2. Set up 2-step authentication in the Meta Business Manager.

3. Send more than 1,000 messages a month.

4. Apply for the WhatsApp Green Tick through Chat Sense.

5. Become the owner of a WhatsApp Green Tick.

Note:

1.Once you get a WhatsApp Green Tick, you won`t be able to change the display name without having to re-apply. Choose your display name with care before starting the application process.

2. Restricted Categories: Drugs, Tobacco Items, Gambling Businesses, Alcohol Brands, Weapons & Ammunition Businesses, Live Animals, Adult Product/Services, Medical & Healthcare Products, Dating Services and Cryptocurrencies know more.

https://developers.facebook.com/docs/WhatsApp/guides/display-name/

Chat Sense will charge and invoice the client applicable fees in accordance with our pricing schedule, in advance, by credit card, on the effective date and on every anniversary thereafter. Subscription fees is charged on a pre-pay basis and usage fees is charged on a post-pay basis at the end of each month, and will cover the use of that variable messages fees for the previous month. All monthly & usage payments are non-refundable

The clients are here by responsible for all charges incurred (for example international remittance, bank transfer, and handling fees), and Chat Sense shall receive the total amount stated in the invoice.

Payment obligations hereunder are not subject to any set-off or with holding rights what so ever, any and all of which are hereby expressly waived by client.

There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Subscription Fee:- The subscription period of the solution shall commence from the subscription commencement date and shall continue until the subscription end date, unless agreed otherwise between the parties. On the subscription commencement date, the client agrees to providing suitable details for the company to process the payment of a non- refundable fee for subscribing the services, at the end of the trial period. The client shall make the payment of the amount as indicated by the company for the license of the services (“Subscription Fees”).

Usage Fee:- In addition to the subscription fee as mentioned above, the client shall also be liable to pay a monthly usage fee according to the utilization of the services, if such client exceeds the usage limit offered under the subscription fee structure, in the manner as notified to the client by us (“Usage Fees”).

(The subscription fees and the usage fees shall hereinafter collectively be referred to as “Fees”).

Disputed Invoices or Charges:- If client in good faith disputes any portion of a Chat Sense invoice or charge, client may providing a dispute notice to Chat Sense with written documentation identifying and substantiating the disputed amount within twenty (20) days from receipt of the applicable invoice or charge, and if applicable, at the time it pays the undisputed portion of such invoice, withhold payment of such disputed portion. If client does not report or does not providing such substantiating documentation within that period, client shall be deemed to have waived its right to dispute any and all portions of that invoice.

Late Payment:- Except for bona fide disputed amounts, any unsuccessful attempt or delay to make a payment of any fees or taxes, Chat Sense is entitled to suspend services, in whole or in part, access to services, until such payment is received. Additionally, Chat Sense shall assess and client shall pay a charge, compounded monthly, of the lesser of (a) 1% per month (16% per year) or (b) the highest amount allowed by law on all past due amounts (except amounts disputed). Further more, upon any such failure all outstanding amounts shall become due and payable without further delay.

Any invoice overdue for more than 25 days will result in account suspension. The Client`s account will only be activated after all pending invoices are fully settled.

Any cancellation of your account will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all data in your account. This information cannot be recovered from Chat Sense once your account is cancelled.

Taxes:- The fees set out in this agreement do not include applicable taxes, duties, with holdings, tariffs, levies, customs, capital or income taxes or other governmental charges or expenses, including but not limited to value added tax, sales tax, consumption tax and similar taxes or duties as well as any current or future municipal, state, federal or provincial taxes, and client will pay, indemnify and hold harmless Chat Sense from same, other than taxes based on the net income or profits of Chat Sense.

8. Limitation of Liabilities

The Parties acknowledge that the following provisions have been negotiated by them and reflect a fair share of risk and form a required basis of the bargain and will survive and continue in full force and effect regardless of any failure of consideration or of an exclusive remedy.

In no event will the total aggregate liability of Chat Sense in connection with or under this agreement exceed the amount of fees paid by client in the prior 12 month period immediately preceding the event giving rise to the claim or $500usd, whichever is the lesser. for greater certainty, the existence of one or more claims under this agreement will not increase this maximum liability amount. In no event will Chat Sense`s third party suppliers have any liability arising out of or in any way connected to this agreement Type. To the maximum extent permitted under applicable law, in no event will Chat Sense be liable to client or any user for any: (i) Special, Exemplary, Punitive, Indirect, Incidental or Consequential Damages, (ii) Lost savings, Profit, Data, Use, or Goodwill (iii) Business interruption (iv) Any costs for the procurement of substitute products or services (v) Personal injury or death or (vi) Personal or property damage arising out of or in any way connected to this agreement, regardless of cause of action or the theory of liability, when their in contract, tort (including negligence, gross negligence, fundamental breach, breach of a fundamental term) or otherwise and even if notified in advance of the possibilities of such damages.

8.1 Term and Termination

Chat Sense makes no warranties regarding

(i)Your ability to use the Service,(ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the service, and (v) that bugs or errors in the Service will be corrected. Chat Sense and its affiliates are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, and penitentiary or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the service is to stop using the service.

Term. This agreement will commence on the effective date and continue to be in effect until your subscription has been terminated or discontinued in accordance to the terms client agreed to on the Chat Sense website at time of signup (the “Term”). For more accuracy, if client has subscribed to an ongoing subscription, then such subscription will automatically renew at its expiry for the same period of time, at the then-current subscription rate described on the Chat Sense website

8.2 Termination For Convenience

Other party may elect to terminate this agreement and your subscription to Chat Sense services as of the end of your then current term by providing notice, on or prior to the date twenty five (25) days preceding the end of such Term. For clarity, unless this agreement and your subscription is so terminated, your subscription will renew for a Term equivalent in length to the then expiring Term.

Client is responsible for properly cancelling their Account. An email request to cancel your account shall result in cancellation. Any cancellation of your account will result in the deactivation or deletion of your account or your access to your Account, and the forfeiture and relinquishment of all content in your account. This information cannot be recovered from Chat Sense once your account is cancelled. After terminating a client account, there will be a 90-day grace period where the client can reactivate the account. After 90 days, the account deletion process will begin, and the client will have to purchase a new account and cannot retrieve any of their existing Chat Sense account information. Please be aware of that. You can cancel at any time, but you will remain liable for all charges accumulated up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again

Chat Sense will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. Chat Sense shall not be liable to you or any third party for any modification, suspension or discontinuation of the service.

8.3 Termination For Non-payment

Chat Sense reserves the right to suspend services if the client fails to timely pay any undisputed amounts due to Chat Sense under this agreement, but only after Chat Sense notifies client of such failure and such failure continues for twenty five (25) calendar days after such prior notification. Suspension of account shall not release client of its payment obligations under this Agreement. Client agrees that Chat Sense shall not be liable to client or to any third party for any liabilities, claims or expenses arising from or relating to suspension of the Services resulting from client`s non-payment, unless Chat Sense suspends the services without giving client 7 calendar-days written notice to rectify its failure to pay. Termination will result in the deactivation services or your access to your account, and the forfeiture and relinquishment of all data in your Account. After 90 days of termination period your information cannot be recovered from Chat Sense once your account is terminated. Please be aware of that.

Refunds and Termination Charges. No refunds or credits for fees will be provided if you elect to terminate this agreement prior to the end of your term. If you terminate this agreement prior to the end of your term, or Chat Sense effects such termination, in addition to other amounts you may owe Chat Sense, you must immediately pay any then unpaid fees associated with the remainder of your term. This amount will not be payable by you in the event you terminate as a result of a material breach of this agreement by Chat Sense, provided that you providing advance notice of such breach to Chat Sense and afford Chat Sense not less than thirty (30) days to reasonably cure such breach.

Termination for Cause. A party may terminate this Agreement for cause (a) upon twenty five (25) days` written notice to the other party of a material breach if such breach remains unresolved at the expiration of such period or if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. If this agreement is terminated by you in accordance with this section, Chat Sense will, to the extent permitted by applicable law, refund you any prepaid fees covering the remainder of the term after the effective date of termination. If this agreement is terminated by Chat Sense in accordance with this section, you will pay any unpaid fees covering the remainder of the Term. In no event will termination relieve you of your obligation to pay any fees payable to Chat Sense for the period prior to the effective date of termination.