Of course, you may refuse to submit personally identifiable information through the Service, in which case CHATTIGO may not be able to provide certain services. You may update or correct your account information at any time by submitting it to us and/or by logging into your account, whichever option is available at the time you choose to submit.
Our Service may offer publicly accessible community services, including blogs and forums. In such a case, you should be aware that any information you provide in these areas could be read, collected, and used by others. Your posts may remain even after you cancel your account.
Protecting the privacy of young children is especially important. Our Services are not directed to children under the age of 13. CHATTIGO does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such individuals to register for the Services. If we become aware that we have inadvertently collected personal information from a child under the age of 13 without verification of parental consent, we will take steps to delete that information. If you think we might have information from or about a child under the age of 13, please contact us.
Effective date August 1, 2021
BY ACCEPTING THIS AGREEMENT OR ACCESSING OR USING THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU ARE USING ANY SERVICE AS AN EMPLOYEE, AGENT OR CONTRACTOR OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO SIGN AND BIND SUCH ENTITY TO ACCEPT THE TERMS OF THIS AGREEMENT. THE RIGHTS GRANTED IN THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.
From time to time, chattigo may modify this Agreement. Unless otherwise specified by chattigo, changes become effective for Customer upon renewal of the then-current Subscription Term or by entering into a new Service Order Form after the updated version of this Agreement becomes effective. chattigo will use reasonable efforts to notify the Customer of the changes through communications through the Customer Account, email or other means.
The “Effective Date” of this Agreement is the date that is earlier than (a) Customer's initial access to any Service through any provisioning, registration or online ordering process or (b) the effective date of the first Service Order Form, as applicable, referring to this Agreement. This Agreement will govern Customer's initial purchase on the Effective Date, as well as any future purchases made by Customer that reference this Agreement.
These Terms of Service (the “Agreement”) are between chattigo Inc., a Delaware corporation (“chattigo” or “Provider”) and the person or entity placing an order or accessing the Service (“Customer” or “You ”). In consideration of the terms and conditions set forth below, the parties agree as follows:
chattigo will make the Services and Software available to Customer in accordance with this Agreement, Supplemental Terms (where applicable), and Documentation, and will provide such Services in accordance with this Agreement, including the DPA, BAA (if applicable), the Privacy Notice and government laws and regulations applicable to chattigo's business, during each Subscription Term. During the Subscription Term, chattigo grants the Customer a limited and non-exclusive right to access and use the Services and Software only for its internal business purposes, up to the number of Users included in the Service Plan or indicated in the contract form, including the right to download, install and use the Mobile Applications in connection with the authorized use of the Services.
A. Customer account. Customer may be required to register for an Account to place orders or access or receive the Services. Customer agrees to keep their Account information current, accurate, and complete so that chattigo can send notices, account statements, and other information to Customer by email or through their Account, which notices will be subject to this Agreement and the Privacy Notice. . Customer shall be responsible for maintaining the confidentiality of User's login information and credentials to access the Services and shall notify chattigo immediately of any loss, misuse, or unauthorized disclosure of such login information and/or or credentials of which the Client is aware. chattigo and its affiliates shall not be liable for any damage or loss that may result from the Client's failure to comply with the foregoing obligations.
B. Use Restrictions. Customer agrees not to use the chattigo Technology (as defined below) to: (i) process data on behalf of any third party other than Customer Users and End Users; (ii) send unsolicited communications, junk mail, spam or other forms of duplicate or unsolicited messages in violation of spam or other laws; (iii) engage in illegal conduct, including, but not limited to, violating the privacy or publicity rights of any person; (iv) store or transmit any content that infringes the intellectual property rights of third parties; (v) interfere with or disrupt the integrity or performance of the Services and its components; (vi) post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, defamatory, obscene or discriminatory; (vii) post, transmit, upload, link to, send or store viruses, malware, Trojan Horses, time bombs or any other similar harmful software; (viii) track cookies, ad exchanges, ad networks, data brokers, or send electronic communications (including email) in violation of applicable law.
In addition, Customer will not: (ix) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or commercially exploit or make available the chattigo Technology to third parties other than Users and End Users . , and then only to further your permitted business purposes as expressly permitted by this Agreement; (x) modify, adapt or hack the chattigo Technology or obtain or attempt to gain unauthorized access to the chattigo Technology, its related systems or networks; (xi) falsely imply any sponsorship or association with chattigo; (xii) decompile, reverse engineer, disassemble, reproduce or copy or access or discover the source code or underlying program of any part of the chattigo technology. Without limiting the foregoing,
Use of customer data. As between the parties, Customer and its licensors retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data and any modifications made to it in the course of operating the Technology. chattigo. Subject to the terms of this Agreement, Customer grants chattigo and its Affiliates a non-exclusive, worldwide, royalty-free right to process Customer Data solely to the extent necessary to provide the Services, Software, Mobile Applications and perform all obligations related to Customer under this Agreement, or as required by law. The customer is solely responsible for the accuracy, content and legality of all customer data. Customer warrants that it has and will have sufficient rights in Customer Data to grant the rights to chattigo under this Agreement. Customer agrees not to upload any Customer Data containing patient information or electronic medical records (“ePHI”) unless Customer has entered into a business associate agreement with chattigo, which will govern the parties' respective obligations with respect to any ePHI uploaded by Customer to the Services, software or mobile applications (“BAA”). Upon mutual execution of a BAA, the BAA is incorporated by this reference into this Agreement and is bound by its terms. If Customer is permitted to submit ePHI data to the Service, Software or Mobile Application, then Customer may submit such data to chattigo and/or the Service only by uploading it as Customer Data. Unless a BAA exists, chattigo shall have no liability under this Agreement for ePHI provided by Customer or any User or End User, notwithstanding anything to the contrary in this Agreement or HIPAA or any applicable law, regulation or similar federal or state regulation. Customer agrees not to upload credit cardholder data to the Service, Software or Mobile Application unless Customer's contract form expressly states that Customer is purchasing the PCI-compliant version of such offerings.
The parties will comply with the terms of the Data Processing Addendum (“DPA”), which is incorporated into this Agreement by this reference, with respect to the provision and processing of Personal Data as defined in the DPA. chattigo will use appropriate technical and organizational measures in the Services to protect Customer Data from unauthorized access, processing, loss or disclosure. chattigo's measures are designed to provide a level of security appropriate to the risk of processing Customer Data within the Services. Customer understands that chattigo and its Affiliates will process Customer Data in accordance with applicable data protection laws, this Agreement, including the DPA, and the Privacy Notice.
A. Proprietary Rights. Customer data is confidential customer information under this agreement. Customer and its licensors retain all right, title and interest in and to Customer Data and all Customer Confidential Information provided under this Agreement, and chattigo obtains no rights to the foregoing, except for the express rights granted in this Agreement. and the Privacy Notice. chattigo and its licensors retain all right, title and interest in the chattigo technology. Customer acknowledges that the Services are offered as hosted online solutions, and that Customer has no right to obtain a copy of the underlying computer code for any Service, except (if applicable) for any downloadable Software, in object code format. chattigo may freely use and incorporate into the chattigo products and services any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by the Customer or any User or End User in connection with the chattigo products or services. Comments and any other suggestions are provided by the Client exclusively "AS IS", in its sole discretion, and chattigo will not use them in any way that identifies or allows the identification of the Client, its Affiliates, Users or End Users.
B. Usage Data. Usage Data includes, but is not limited to, query logs and any data (other than Customer Data) relating to the operation, support and/or Customer's use of the Services, Software, chattigo websites , the chattigo APIs, or the chattigo marketplace. (“Usage Data”). Notwithstanding anything to the contrary in this Agreement, chattigo may collect and use Usage Data to develop, improve, support and operate its products and services. chattigo will not share Usage Data that includes Customer Confidential Information with a third party, except (i) in accordance with Section 7 (Confidentiality) of this Agreement, or (ii) to the extent Usage Data is aggregated and anonymized in a way that the Client and the Users and end users cannot be identified.
C. Updates. chattigo may update the Services and Software from time to time and Customer may be notified of Updates. Any Updates to the Services and Software are subject to this Agreement. Customer agrees that the purchase of the Services and Software is not contingent on the delivery of any future functionality or features, nor is it dependent on any oral or written public comment made by chattigo regarding future functionality or features.
D. Other services. Certain other services, such as third party applications, are available to Customer through the Marketplace (currently located at https://www.chattigo.com) or other forums (“Third Party Services”). These Third Party Services may be integrated with the Services and are not licensed by chattigo under this Agreement, but are governed by the third party provider's terms and conditions and accompanying privacy policies, which Customer must separately agree to. By enabling Third Party Services, Customer understands and agrees that chattigo is not responsible for Customer's use of these Third Party Services, nor does it provide any warranty for these Third Party Services. chattigo is not responsible for any damage or loss caused or alleged to be caused by or in connection with Customer's enablement, access or use of such Third Party Services, or Customer's reliance on their privacy practices, data security processes or other policies of such Third Parties. Party services.
A. Fees and Payment. All charges associated with the Customer Account (“Fees”) are set forth in the applicable contract form or website, and are due and paid in full within thirty (30) days from the invoice date. or as indicated in the corresponding hiring form. Payment obligations are non-cancellable, regardless of Customer's use and, except as expressly permitted in this Agreement, Fees paid are non-refundable. The Client will pay the Fees through an accepted payment method as specified in the contract form or the corresponding website. Unless otherwise stated in the contract form, Customer's subscription to the Services will automatically renew for one Subscription Term in accordance with the renewal terms and conditions set forth in Section 6(b) below. During the Term, Customer may not reduce its Service Plan or the number of Users.
B. Late Payments. If the Undisputed Fees are more than thirty (30) days past due, after receiving written notice from chattigo, chattigo may suspend Customer's access to the Services and/or Mobile Applications, including, without limitation, Customer's Account. Customer, until such unpaid Fees are paid in full.
C. Payment disputes. chattigo will not exercise its rights under Section 5 (b) (Late Payments), 6 (d) (Termination for Cause), or Section 6 (c) (i) (Suspension of Service) with respect to failure to payment by Customer if Customer is disputing the applicable charges reasonably and in good faith and is diligently cooperating to resolve the dispute. If the parties are unable to resolve such dispute within thirty (30) days, each party shall be entitled to seek any remedy it may have under this Agreement, at law or in equity, notwithstanding any terms that would limit remedies to bill. of a dispute. For clarity, any undisputed amount must be paid in full.
D. Applicable taxes. Fees do not include any taxes, levies, fees or similar governmental assessments, including value added, sales, use or withholding taxes levied by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). Customer agrees to pay any applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent chattigo is legally required to collect, will be itemized on chattigo's invoice. If Customer is required to withhold any amount under any tax law or regime (other than US income tax law), Customer will accrue payments so that chattigo receives the amount actually quoted and billed. If chattigo is legally required to pay or collect Taxes for which Customer is responsible under this section, Customer will invoice and pay the applicable amount, unless, prior to the payment due date, Customer provides chattigo with a valid tax exemption certificate authorized by the appropriate tax authority. Additional information on how chattigo may apply tax requirements can be found at https://www.chattigo.com.
E. Affiliate Orders. Customer Affiliates may purchase Services directly from chattigo by executing a purchase form governed by the terms of this Agreement. Such Recruitment Form will establish a new and separate agreement between the Client Affiliate and the chattigo entity signing such Recruitment Form. If the Affiliate resides in a different country than the Client, then the contract form may include modifications to the terms applicable to the transactions (including, but not limited to, tax conditions and applicable law).
F. Purchases from Channel Partners. Customer may obtain use of any Service, Software or Mobile Applications from an authorized chattigo reseller, including third party marketplaces (“Channel Partner”) pursuant to a separate agreement with the Channel Partner. Your use of any service, software or mobile application purchased through a channel partner will be subject to the terms of this agreement, and all fees payable for such use will be paid to the channel partner in accordance with the terms. agreed between the client and the channel. Partner. Customer understands and agrees that, if Customer purchased subscriptions to the Services, Software or Mobile Applications through a Channel Partner, service credits and refunds payable under this Agreement may be payable or applied by the Channel Partner acting on behalf of chattigo in proportion to the fees paid. by customer to channel partner,
I finish it. This Agreement is effective as of the Effective Date (or, for Online Customers, the date of registration on the Website) and will continue for the then-current Subscription Term. Service Plans begin on the start date specified in the applicable contract form (or, for Online Customers, the date of registration on the Website) and continue for the Subscription Term specified therein.
B. Renewal. Unless either party provides written notice of non-renewal at least sixty (60) days prior to the expiration of the applicable Subscription Term, Service Plans will automatically renew for a period equal to the prior Subscription Term or one year (whichever make it shorter). chattigo reserves the right to increase Fees at the beginning of each Subscription Term.
C. Suspension. chattigo may suspend the Client's access to the Services, Software, Mobile Applications and/or the Client's Account, for the following reasons: (i) late payment / non-payment of undisputed Fees, according to the process indicated in the Section 7(b) above; (ii) non-renewal of the Services by the Client; (iii) breach by Customer or its Users of Section 2 (Use Restrictions); or (iv) in the event that chattigo deems suspension necessary to prevent or address the introduction of Malicious Software (as defined in Section 8.b below), a security incident, or other harm to Customer, chattigo, or Customer. other chattigo clients. chattigo will notify the Customer of such suspension. chattigo will make diligent efforts to attempt to limit, where commercially feasible, the suspension to affected Users or the chattigo Technology, and will immediately restore the availability thereof as soon as the issues that led to the suspension are resolved. Such suspension shall in no way affect Customer's other obligations under this Agreement.
D. Termination for Just Cause. Either party may terminate this Agreement by giving written notice to the other party in the event that (i) such other party materially breaches this Agreement and fails to cure such breach within thirty (30) days of such notice, or (ii) immediately in the event that the other party is the subject of a bankruptcy petition or any other proceeding related to insolvency, receivership, liquidation or assignment for the benefit of creditors.
E. Free Trial Clients. Upon expiration of Customer's free trial, chattigo may immediately suspend Customer's access to the Services. Customer must export customer data before the free trial ends or customer data will be permanently deleted. chattigo will have no obligation to maintain, store or retain Customer Data beyond the end of the free trial period.
F. Data Export. Upon termination or expiration of this Agreement for any reason, Customer's access to the Services, Software, Mobile Applications, APIs and other chattigo Technology will terminate. chattigo strongly recommends that the Client export all Client Data before the Client closes the Client Account. Customer agrees, upon termination or expiration of this Agreement or a non-renewed Subscription Term, that Customer Data will be retained or deleted in accordance with the Supplemental Terms, as applicable to Customer. Where Customer Data is retained by chattigo and may be exported, Customer may contact chattigo within fourteen (14) days of the effective date of termination for chattigo to export the Customer Data. Customer data cannot be recovered once it is deleted.
Each party will protect the Confidential Information of the other party from unauthorized use, access or disclosure in the same manner as it protects its own Confidential Information of a similar nature or importance, and in any event with minimal care. Except as otherwise expressly permitted under this Agreement, the receiving party may use the Confidential Information of the disclosing party solely to exercise its respective rights and fulfill its respective obligations under this Agreement, and will disclose such Confidential Information only to those of their respective employees, representatives. and agents who need to know such Confidential Information for such purposes and who are obligated to keep such Confidential Information confidential and not to misuse it. The provisions of this section shall supersede any nondisclosure agreement by and between the parties entered into prior to this Agreement that purports to address the confidentiality of any information shared by the parties, including Customer Data, and such agreement shall no longer be in effect. or effect with respect to the foregoing. If the Receiving Party is required by law or court order to disclose Confidential Information of the Disclosing Party, then the Receiving Party will, to the extent permitted by law, provide the Disclosing Party with prior written notice and will cooperate in any effort to obtain confidential treatment of confidential information. Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy,
A. Service guarantee. chattigo warrants that the Services, Software or Mobile Apps will perform in all material respects in accordance with the Documentation. Provided Customer provides written notice of a claim within thirty (30) days of Customer first becoming aware of a breach of the foregoing warranty, chattigo will use reasonable efforts to correct the Services, Software, or Mobile Applications to comply with the foregoing warranty, and If chattigo fails to make such corrections in a timely manner, either party may terminate the applicable agreement, and Customer, as its sole and exclusive remedy, shall be entitled to receive a refund of any unused Fees Customer has prepaid for the applicable Services, software or mobile applications purchased thereunder.
B. Malware Guarantee. chattigo warrants that the Services hosted by chattigo will be monitored using commercially available means to attempt to detect and prevent the introduction of computer instructions, circuitry or other technological means the purpose or effect of which is to interrupt, damage or interfere with the authorized use of, or enable access to chattigo's or Customer's computer and communications facilities or equipment, including, without limitation, any code that contains viruses, Trojan horses, worms, backdoors, trapdoors, timeout devices, or destructive code or code; harmful similar to self-replicators (collectively, “Malicious Software”).
C. Disclaimer of Warranty. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS OR PURPOSE NON-INFRINGEMENT.
A. SUBJECT TO APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PART OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INITIAL COSTS, LOSS OF DATA, COSTS OF RESTORATION, RESTORATION COSTS, ) REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY.
B. EXCEPT FOR DATA CLAIMS OR IP CLAIMS, THE TOTAL LIABILITY OF EACH PARTY, AND THAT OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES RECEIVED OR PAYABLE FOR THE PRIOR CLAIM TO TWEDTIGO. THE GENERAL LIABILITY CAP”).
C. IN THE CASE OF IP CLAIMS AND DATA CLAIMS, THE TOTAL LIABILITY OF CHATTIGO AND ITS AFFILIATES TO CUSTOMER AND ITS AFFILIATES FOR ALL SUCH CLAIMS TOGETHER (FOR DAMAGES OR LIABILITY OF ANY KIND) SHALL NOT EXCEED TWICE (2X) THE GENERAL LIABILITY CAP (“SUPERCAP”).
D. IN NO EVENT SHALL EITHER PARTY (OR THEIR RESPECTIVE AFFILIATES) BE LIABLE FOR THE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE SUPERCAP. SIMILARLY, THE ABOVE CAPITAL LETTERS SHALL NOT BE CUMULATIVE; IF A PARTY (AND/OR ITS AFFILIATES) HAS ONE OR MORE CLAIMS SUBJECT TO EACH OF THOSE CAPS, THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE SHALL NOT EXCEED THE APPLICABLE TITLE.
E. THE PARTIES AGREE THAT THIS SECTION 9 SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO BE IT HAS NOT BEEN ON PURPOSE. THE APPLICABLE CURRENCY CAPS SET FORTH IN THIS SECTION SHALL APPLY ACROSS THIS AGREEMENT AND ANY SEPARATE AGREEMENT(S) ON AN AGGREGATE BASIS, REGARDLESS OF WHETHER ANY INDIVIDUAL AFFILIATED CUSTOMER HAS RUN A SEPARATE SOF.
A. Indemnity for chattigo. chattigo will defend Customer, and its Affiliates, from any third party claim that Customer's use of the chattigo Technology as contemplated below infringes such third party's patent, copyright and/or trademark rights (a " Intellectual Property Claim”), and will indemnify and hold Customer and its Affiliates harmless from and against any damages and costs awarded to Customer or its Affiliates, or agreed to in a settlement by chattigo (including reasonable attorneys’ fees) resulting from such Claim. of intellectual property. chattigo shall have no responsibility or liability with respect to any Intellectual Property Claim if such claim is caused in whole or in part by (i) the unauthorized use of the chattigo Technology by Customer, its Affiliates or Users; (ii) modification of the chattigo Technology by anyone other than chattigo or its representatives; (iii) or the combination, operation or use of chattigo technology with other data, hardware or software not provided by chattigo. If Customer's use of the chattigo Technology results (or in chattigo's opinion is likely to result) in an IP Claim, chattigo may, at its own option and cost (a) procure Customer the right to continue using the above items as set forth below. ; (b) replace or modify them so that they are not infringing; or (c) if options (a) or (b) are not commercially reasonable as determined by chattigo, then either Customer or chattigo may cancel Customer's subscription to the Service, after which chattigo will refund Customer, on a prorated basis. , any Rate. The customer has previously paid chattigo for the corresponding unused portion. The preceding sections set forth chattigo's entire liability and Customer's exclusive remedy with respect to an Intellectual Property Claim.
B. Indemnification by Customer. and (iv) any dispute between Customer or its Affiliate and an End User related to Customer's or Affiliate's business offerings. Customer shall have no liability or obligation with respect to any Claim if such claim is caused in whole or in part by (a) chattigo or its Affiliate's breach of this Agreement or violation of applicable law, or ( b) acts or omissions leading to chattigo's obligation to indemnify the Client in accordance with Section 10 (a) above.
C. Compensation Procedures. In the event of a potential indemnification obligation under this Section 10, the Indemnified Party will: (i) promptly notify the Indemnifying Party in writing of the claim, (ii) allow the Indemnifying Party the right to control the investigation , the defense and settlement (if any) of such claim at the indemnifying party's sole expense and expense, and (iii) at the indemnifying party's request, provide all necessary cooperation at indemnifying party's expense. However, the indemnified party's failure to notify the indemnifying party of a claim under this Section will not relieve the indemnifying party of its obligations under this Section, the indemnifying party will not be liable for any expenses of litigation in the incurred by the indemnified party prior to the time notice is given or for damages and/or costs resulting from any material injury caused by delay or failure to notify the indemnifying party in accordance with this Section. The indemnifying party may not settle any claim that binds the indemnified party to any obligation (other than payment covered by the indemnifying party or cessation of use of infringing materials) or require any admission of fault by the indemnified party, without the prior written consent of the indemnified party. consent, such consent must not be unreasonably withheld, conditioned or delayed.
A. Use of Third Parties for Payment Processing. chattigo may use a third-party service provider to manage payment processing provided that such service provider is not permitted to store, retain, or use Customer's payment account information, except to process Customer's payment information for chattigo. Customer must notify chattigo of any change in Customer's payment account information, either by updating the Customer Account or by emailing chattigo at email@example.com.
B. Assignment. Neither party may assign any of its rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of the other party (which shall not be unreasonably withheld); provided, however, that either party may assign this Agreement in its entirety, without the consent of the other party to your Affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets. Any attempted assignment in violation of this section will be null and void.
C. Entire Agreement. This Agreement, together with any contract forms, Privacy Notice and Supplemental Terms, constitutes the entire agreement and supersedes any and all prior agreements or communications between Client and chattigo with respect to the subject matter hereof. In the event of a conflict between this Agreement, the Privacy Notice, the Supplemental Terms, or any contract form or purchase order and this Agreement, the order of precedence shall be, first, the Privacy Notice, second, the contract form, third. , the Supplemental Terms and fourth, this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, that provision will be modified by the court and construed to better comply with the original provision, and the remaining provisions of this Agreement will remain in effect.
D. Publicity Rights. chattigo may identify the Customer as a customer of chattigo in its promotional materials. The client can request that chattigo stop doing so by sending an email to firstname.lastname@example.org at any time. Please note that it may take us up to thirty (30) days to process a request.
E. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
F. Survival. Sections 2.b (Use Restrictions), 4 (Intellectual Property), 5 (Fees and Payment), 6 (Term, Termination, and Suspension), 7 (Confidentiality), 8.c (Warranty Disclaimer), 9 (Limitation of Liability), 10 (Indemnity), 11.c (Entire Agreement), 11.f (Survival), 11.g. (Notice), 11.j (Governing Law) and 11.k (Dispute Resolution) and 12 (Definitions) will survive any termination or termination of the Agreement. Termination of this Agreement shall not limit the liability of either party for obligations accrued prior to such termination or for any breach of this Agreement.
G. Notices. All notices required to be provided by one party to the other under this Agreement may be given in writing by (i) a nationally recognized overnight delivery service or by US mail to the mailing address provided; or (ii) email to the email address provided for the Customer Account. The address for a notice to chattigo is: chattigo Inc., 2035 sunset lake road suite B-2, Newark, Delaware, 19702 with a copy to email@example.com by email. All notices will be deemed given immediately upon delivery by email, or if delivered upon receipt or, if earlier, five (5) business days after being deposited by mail or courier service as what was previously allowed.
H. Anti-corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the normal course of business do not violate the above restriction. If Client becomes aware of any violation of the foregoing restriction, Client will use reasonable efforts to immediately notify chattigo firstname.lastname@example.org.
I. Force majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to any cause beyond the reasonable control of such party, including, without limitation, acts of God. , acts of government, acts of terror or civil unrest, Internet failures, or acts performed by third parties not under the control of the performing party, including, without limitation, denial-of-service attacks (“Force Majeure Event”). In the event that a Force Majeure Event continues for a period of thirty (30) consecutive days, the other party may terminate this Agreement by giving written notice to the defaulting party. If chattigo is the party experiencing the Force Majeure Event and is unable to provide the Services as a result of the Force Majeure Event,
J. Governing Law. This Agreement is governed by the laws of the State of California without regard to principles of conflicts of law. The parties hereby submit to the exclusive personal jurisdiction of the federal and state courts in the State of California, County of San Francisco, for any claim or dispute relating to this Agreement.
K. Conflict resolution. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, performance, interpretation, or validity thereof, including determination of the scope or applicability of this Agreement to arbitration, shall be determined by arbitration in San Francisco. . , Calif. The arbitration will be administered by JAMS in accordance with its arbitration rules and procedures. Judgment on the Award may be entered in any court having jurisdiction. This section shall not prevent the parties from seeking interim remedies in aid of arbitration from a court of appropriate jurisdiction.
l. Use Restrictions and Export Compliance. The Services and other Software or components of the Services that chattigo may provide or make available to Customer or Users may be subject to the economic sanctions and export control laws, rules and regulations of the United States (or other foreign territories). ), including but not limited to regulations promulgated by the US Department of Commerce's Bureau of Industry and Security ("BIS") and the US Department of the Treasury's Office of Foreign Assets Control ("OFAC"). (collectively, “Export Control Laws”). Customer agrees to comply with all Export Control Laws regarding access to and use of the Services, Software and other components by Customer and Users. Customer will not access or use the Services if Customer is located in any jurisdiction where the provision of the Services, Software, or other components is prohibited by US or other applicable laws or regulations, including, without limitation, a country or territory that is subject to comprehensive U.S. trade sanctions (including Crimea, Cuba, Iran, North Korea, and Syria) (a “Prohibited Jurisdiction”) and Customer will not provide access to the Services to any government, entity or individual located in any Prohibited Jurisdiction. Customer represents, warrants, and covenants that (i) Customer is not named, owned, or controlled by any party named in any U.S. government (or other government) list of persons or entities to which are prohibited from receiving U.S. exports or transacting with any U.S. person, (ii) Customer is not a citizen of, located in, or a business registered in any Prohibited Jurisdiction, (iii) ) Customer will not permit Users to access or use the Service in violation of Export Control Laws, (iv) any customer data created or submitted by Customer is subject to any restrictions on disclosure, transfer, download, export or re-export under export control laws, and (v) customer shall comply with all applicable laws regarding the transmission of technical data. data exported from the United States and the country in which Customer and Customer Users are located. Customer further agrees that Customer will not use the Services to disclose, transfer, download, export or re-export, directly or indirectly, Customer Data to any country, entity or other party that is not eligible to receive such items under the Laws of Export Control. or under other laws or regulations to which the Client may be subject.
M. Federal Government End Use Restrictions. If Customer is or contracts on behalf of a department or agency of the US federal government, this Service is a “Commercial Item” as that term is defined in 48 CFR §2.101, consisting of “ Commercial computer software” and “Commercial computer”. Software Documentation”, as those terms are used in 48 CFR §12.212 or 48 CFR §227.7202. Pursuant to 48 CFR §12.212 or 48 CFR §227.7202-1 through 227.7202-4, as applicable, the Service is licensed to Customer only with the rights provided in the terms and conditions of this Agreement.
"Bill" means any account or instance created by or on behalf of the Customer to access and use any of the Services.
“Affiliate” or “Subsidiary” means, with respect to a party to this Agreement, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, where "control" means the possession, directly or indirectly, of the power to direct, or cause the direction of such entity's management and policies, whether through ownership of voting securities, by contract or otherwise.
"Confidential information" means all information disclosed by one party to the other, orally, in writing, or electronically, that is designated as “confidential” (or similarly captioned), or would be understood by a reasonable person to be confidential given the nature of the information and circumstances of disclosure. Confidential Information does not include any information that: (a) was publicly known and available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes public knowledge and is made generally available without action or inaction by the receiving party; (c) is already in the receiving party's possession at the time of disclosure by the disclosing party; (d) is obtained by the receiving party from a third party without breaching that third party's confidentiality obligations;
"Customer information" means, all electronic data, texts, messages or other materials, including, but not limited to, Users' and End Users' Personal Data, submitted to the Services by Customer or its Users through Customer's Account in connection with the use of the Services by the Client.
“Data claims” means any claim arising out of (a) a party's breach of Section 3 (Customer Data), Section 7 (Confidentiality), the DPA, the BAA (if applicable) or the Privacy Notice, where such breach results in unauthorized disclosure of Customer Data, or (b) breach of Section 2(b) (Use Restrictions).
"Documentation" means, the then current and generally available user documentation provided by chattigo detailing the functionalities of the Software and Services.
"Final user" means, any person or entity other than Client or Client's Users with whom Client interacts using the Services.
“chattigo technology” means, (i) the Services, the Software, the Mobile Applications, the Documentation, the chattigo APIs, the chattigo websites and any content published on the chattigo websites, (ii) any training materials, support materials , templates, tools, methodologies or know-how, (iii) chattigo Confidential Information and (iv) any modifications or derivative works of the foregoing.
"Mobile app" means, chattigo-branded Software applications provided by chattigo to enable access to and use of the Services via mobile or other portable devices (such as applications on iOS or Android devices).
"Personal information" means, data relating to a person who is or can be identified from the data or from the data together with other information that is in, or is likely to come into the possession of, the data controller (as defined in data protection applicable laws).
"Notice of Privacy" means, the chattigo privacy notice currently at www.chattigo.com/, updated from time to time.
"Service Order Form" means, (i) any service order referenced in this Agreement and executed by Customer and chattigo, or (ii) any document or online order process completed by Customer, including any online registration through a Site website, each of which details the Services subscribed to and the corresponding Service Plans, the number of Users authorized to use the Services, the Fees payable to chattigo, the applicable Subscription Term and the applicable additional terms and conditions.
"Services" means chattigo's software-based service offerings identified in the order form and any Updates, including any Software, API or Documentation made available by chattigo with such offering, but excluding any applications or APIs provided separately by third parties.
“Service Plans” means, the pricing plans and other limitations of the bundled offering and the applicable Services for which Customer subscribes with respect to any User.
"Software" means generally available software provided by chattigo in connection with Customer's use of the Services, and includes Mobile Applications, but excludes any applications or APIs provided by third parties.
“Subscription term” means, the period established in a contract form during which the Client subscribes to the Services.
"To update" means generally available updates, upgrades, hot fixes, patches, workarounds for the Software or Service provided by chattigo to all subscribing customers, but excludes separately priced new products or modules.
“User” or “Agent” means any individual who is authorized by Customer to use the Services, including an Account manager, employees, consultants, contractors, and agents of Customer or its Affiliates, and third parties with whom Customer or its Affiliates transact business.
If the Client chooses to delete his entire account on chattigo, the corresponding Client data will also be automatically deleted. Therefore, it is the Customer's responsibility to back up their data to their local account before deleting their account. Information, blocking, deletion. To the extent permitted by law, you have the right to be provided with free information at any time about any of your personal data that is stored, as well as its origin, recipient and the purpose for which it has been processed. . You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address in our legal notice if you have further questions on the subject of personal data.
Our live chat support
Chattigo uses a chattigo SPA live chat, Avenida el Salto 4001, Huechuraba Santiago 8580000 Chile (yes, we use our own chat). You can use the live chat as a contact form to chat with our staff in near real time. At the start of the chat, personal data is collected.
Our support via WhatsApp
Retargeting to a Facebook "Custom Audience"
Term and Termination of an Agreement
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients and the purpose of its collection free of charge. You also have the right to request that it be corrected, blocked or deleted. You can contact us at any time via the address indicated in the legal notice if you have further questions on the subject of privacy and data protection. Of course, you can also file a complaint with the competent regulatory authorities.
1. DATA OF THE RESPONSIBLE OF THE TREATMENT
Company name: CHATTIGO SpA RUT no.: 76568706-3
Address: Avenida El Salto 4001, 4th floor, Huechuraba, Santiago, Chile
Contact email: email@example.com
Purpose of the website: Information, support and operation of services for clients and interested parties.
2 PERSONAL DATA PROTECTION
2.1. INFORMATION SECURITY ANALYST
Our Information Security Analyst is David Añasco, and he can be contacted by email at firstname.lastname@example.org, or by correspondence at our physical address.
2.2. WHAT INFORMATION DO WE PROCESS?
• Identifiers such as name, email and phone number.
• Business data, such as company name.
• Data related to the use that the client gives to our products or services, including any comment or suggestion that they send us.
2.3. HOW DO WE GET YOUR INFORMATION?
• Most of the information we process is provided to us directly by the customer for one of the following reasons:
• You have made a request to us for access to your information.
• You have told us that you want to receive promotional information about our products and our business partners.
• You have contracted our products or services and provided the necessary information so that we can provide them.
• Through Cookies, when you use our website (more in section 3 of this document).
2.4. HOW WILL WE USE YOUR DATA?
At chattigo we will process your data to:
• Manage your account and the provision of our products and services.
• Bring you promotional information about our products and services.
• Keep track of our sales process.
• Statistical purposes related to our products and services.
In addition, if you agree, your data will in turn be processed by our business partners in the cases explained in point 2.6.
2.5. HOW DO WE STORE YOUR INFORMATION AND HOW LONG DO WE RETAIN IT?
At chattigo we store your data securely in the United States of America and Brazil, complying with our facilities and storage service providers in those countries, as appropriate, with current information security standards, which we review and update periodically.
By accepting this Privacy and Cookies Policy, you authorize the international transfer of your data for safe processing in the United States of America and Brazil.
Regarding the retention period of your data, it will be consistent with the original purpose for which it was collected. For example, we will store your data for as long as you have an active account on our platform and/or are a customer, and for a reasonable period after such conditions no longer exist. This reasonable period includes the time necessary for chattigo to carry out audits, comply with legal obligations, resolve disputes and ensure compliance with our contracts.
2.6. WHEN AND HOW DO WE SHARE YOUR INFORMATION WITH THIRD PARTIES?
• We may share the information you provide with third parties. Anything we share we do so in the context of a contractual relationship with such third parties, or specific legal or contractual obligations that require it.
We may share your personal information in the following ways:
• To service providers that enable our site and our products and services to be provided properly. These providers like Azure, Amazon, Google and HubSpot. All of our providers are contractually bound to keep the data they process confidential, and may only process it for the purposes that we have established.
• Within the framework of a judicial or administrative process, when required by the competent authority.
• For compliance with our Terms and Conditions and other obligations related to products or services purchased through our website, such as billing and collection.
• For other purposes specified at the time of requesting information.
• With your consent.
chattigo may disclose to third parties anonymized information that does not contain personal data.
• If you accept it in a timely manner, we will use your data to send you promotional information about our products and services.
The client can always be removed from our promotional databases by unsubscribing from the accesses that we offer together with each action or by writing to support@chattigo for this purpose.
2.8. WHAT ARE MY RIGHTS?
• The client can exercise the following rights in relation to their data:
• RIGHT OF ACCESS The right to request copies of all your information in our records. It is possible that certain information is exempt from this right, and in this case we will let you know that there is certain information that we cannot provide you and why.*
The owner of personal data has the power to exercise the right of access to them free of charge at intervals of no less than six months.
• RIGHT OF RECTIFICATION
Right to request correction of any information you believe to be inaccurate. You also have the right to have us complete any information you think is incomplete.
• RIGHT OF SUPPRESSION
Right to ask us to delete all of your information from our records in certain circumstances. If there is a legal impossibility to eliminate all of your information, we will let you know.
• RIGHT OF LIMITATION
In certain cases, such as during the process of rectifying your information, you can ask us to limit the processing of your information.
• RIGHT OF OPPOSITION
You can object to our processing of your data even where we are authorized by law to do so, for reasons relating to your particular situation.
• RIGHT TO DATA PORTABILITY
You can ask us to transfer all your information that we have to another company or to provide it to you
All these rights can be exercised free of charge.
If you want to know more about your rights, you can follow the following link: https://www.aepd.es/es/liberties-and-duties/know-your-rights.
If you wish to exercise any of these rights, do not hesitate to contact us or write directly to our Data Protection Officer.
2.10. ENFORCEMENT AND CONTROL AUTHORITIES
• If you wish to make a claim or believe that chattigo has not adequately responded to your concerns related to your information, you can contact the control authority corresponding to your place of residence.
2.11. GENERAL INFORMATION SECURITY POLICY
• You can obtain more information regarding our security policies in the “General Information Security Policy".