User Terms

Last Updated: July 21st, 2020

APICHAT is a product of Everloom Technologies Private Limited.

Everloom Technologies Private Limited ("APICHAT," "we," "us," or "our") provides Software as a Service (SaaS) that enables our customers to store, manage, analyze, and transfer messages between their business systems and their customers across various messaging channels (the "Service"). A "Customer" refers to an entity with whom APICHAT has entered into an agreement to provide the Service.

This APICHAT Terms of Service (the "Agreement") constitutes an agreement between the Customer and APICHAT, collectively the "Parties" and each, a "Party," and is effective upon the date the Customer registers for an APICHAT account through the APICHAT website (the "Effective Date").

By registering for an APICHAT account, you acknowledge your understanding of these terms and enter into the Agreement on behalf of the Customer. Please ensure you have the necessary authority to enter into the Agreement on behalf of the Customer before proceeding.

If a Customer violates any of the terms outlined below, we reserve the right to cancel accounts or restrict access to accounts without prior notice. If you do not agree to these terms, please refrain from using our Services.

APICHAT may, at its discretion, remove Content and Accounts containing Content that we determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Use.

APICHAT reserves the right to refuse service to anyone for any reason at any time.

BY USING ANY ELEMENT OF THE APICHAT SOLUTION (INCLUDING THE WEBSITE), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS, AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER MUST IMMEDIATELY CEASE ANY FURTHER USE OF THE APICHAT SOLUTION, INCLUDING ANY PART THEREOF. CUSTOMER REPRESENTS AND WARRANTS TO APICHAT THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT. IF CUSTOMER IS USING THE APICHAT SOLUTION ON BEHALF OF ANOTHER PERSON, CUSTOMER HEREBY REPRESENTS AND WARRANTS TO APICHAT THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.

APICHAT Platform

Provisioning of the APICHAT Platform: Subject to Customer’s compliance with the terms and conditions of this Agreement, APICHAT will make the APICHAT Platform available to Customer on the terms and conditions set out in this Agreement. Customer must read, accept, and comply with its obligations under the applicable terms of use related to all applicable Third-Party Messaging Platforms, Pre-Integrated Third-Party Business Applications, and Custom-Integrated Business Applications. Customer must also ensure interoperability between the APICHAT Platform and all applicable Third-Party Messaging Platforms, Pre-Integrated Third-Party Business Applications, and Custom-Integrated Business Applications.

Modifications to the Service and Fees:

APICHAT reserves the right to modify, suspend, or discontinue the Service at any time for any reason, with or without notice.

APICHAT reserves the right to change our monthly/annual fees upon 30 days’ notice. Fee changes will be communicated via email to all subscribers and reflected on the pricing page at apichat.com/pricing.

APICHAT reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any modifications have been made constitutes acceptance of such modifications.

Trademark License:

During the Term, Customer grants APICHAT a worldwide, non-exclusive, non-transferable, and non-sublicensable (other than to affiliates) royalty-free license to use Customer’s trademarks and logos made available to APICHAT by Customer as part of this Agreement. This license is solely for the marketing, advertising, and promotion of the APICHAT Solution, including listing the Customer and the Customer Application on the APICHAT Website. Usage of Customer’s trademarks and logos must adhere to Customer’s reasonable trademark usage guidelines.

Copyrights & Ownership:

APICHAT expressly reserves all rights, title, and interest in, and Customer will not acquire any right, title, or interest in (i) the APICHAT Solution (or any part thereof) and any other materials or content provided by APICHAT under this Agreement, including any and all Modifications to any of the foregoing; and (ii) all intellectual property rights in any of the foregoing (collectively, the “APICHAT Property”). All rights, titles, and interests in the APICHAT Property will remain with APICHAT (or APICHAT’s third-party suppliers, as applicable). Customer may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service owned by APICHAT or its suppliers. Customer agrees not to resell, duplicate, reproduce, or exploit any part of the Service without APICHAT’s express written permission. APICHAT claims no intellectual property rights over the Content uploaded or provided by the Customer to the Service.

APICHAT’s Right to Use Customer Data:

Customer acknowledges and agrees that APICHAT may store, use, reproduce, modify, and transfer Customer Data, including Personal Data, solely in connection with delivering the Services under this Agreement. APICHAT may also store, use, reproduce, modify, and transfer data that is not related to an identified or identifiable natural person, including aggregated or de-identified data, for its internal business purposes. Customer agrees to ensure that Administrative Users, Customer’s Clients, and Chat Participants agree to these terms.

Customer Responsibilities:

Customer Accounts: Upon request, APICHAT will issue one or more administrator accounts (the “Administrator Accounts”) to Customer. These accounts enable Customer to create accounts for individuals who are employees or contractors of Customer and need access to and use of the APICHAT Platform (each, an “Administrative User”). Customer must ensure that Administrative Users only use the APICHAT Platform through their Customer Account. Administrative Users must not share their accounts with any other person, and Customer must promptly notify APICHAT of any actual or suspected unauthorized use of the APICHAT Platform.

Use Restrictions:

Customer is responsible for the activities and communications of all Administrative Users and Chat Participants on the APICHAT Platform, ensuring their compliance with this Agreement and any guidelines and policies published by APICHAT. Customer must not use the APICHAT Platform for unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable content, or in violation of any party’s intellectual property rights. Customer must not interfere with servers or networks connected to the APICHAT Platform, attempt unauthorized access, or engage in data mining or reverse engineering of the Service. Customer must not use the APICHAT Platform to build a similar or competitive product or service, or for any purpose not permitted by this Agreement.

WhatsApp & Usage Policy:

Customer must adhere to all terms and conditions set by WhatsApp at all times. WhatsApp policies and limitations apply to Customer’s usage of WhatsApp Business Products. WhatsApp may impose limits on message sending and review, approve, or reject Message Templates at its discretion. Customer agrees to comply fully with WhatsApp Policies regarding message sending. Any violation of these policies may result in suspension or termination of access to WhatsApp Business Products by WhatsApp, with additional charges borne by the Customer.

WhatsApp Onboarding & Verification Terms:

WhatsApp may require reviews, such as Facebook business verification, before allowing usage of WhatsApp products. APICHAT will assist with the application and submission process. By using APICHAT, clients agree to the setup for WhatsApp Business API and will provide all necessary documents as required by WhatsApp & Facebook.

WhatsApp Message Policy:

WhatsApp may change acceptable message types and related policies at their discretion. Customer may only initiate chats for transactional notifications via approved Message Templates, subject to applicable pricing. Messages must comply with WhatsApp’s terms and only be used for their designated purpose. Automation is allowed during the Customer Service Window, but human agents must be available for escalation.

Email and Web Support:

Customers generally have access to APICHAT’s technical support on weekdays from 10:00 am to 7:00 pm (IST) through email support, the website chat widget, or by emailing info@apichat.in.

Fees and Payment:

Customers will pay APICHAT the applicable fees described on the APICHAT Website ("Fees") during the Term in accordance with the payment terms set out herein. Fees do not include charges assessed by Third-Party Messaging Platforms, which are the responsibility of the Customer.

Payment terms:

APICHAT will charge an annual platform access fee of INR 3499/-.

Clients are required to pay message charges directly to Facebook.

No refunds will be provided under any circumstances.

Term and Termination:

The Agreement will commence on the Effective Date and continue until termination. Either Party may terminate the Agreement for convenience with 30 days’ notice. Termination for non-payment or cause is also possible. No refunds or credits for Fees will be provided upon termination. Upon termination, access to the Service will be deactivated, and all Content in the Account will be forfeited.

By using APICHAT’s services, you agree to abide by these terms and conditions. Failure to comply may result in termination of service without prior notice.

For any inquiries or assistance, please contact us at info@apichat.in.

End of Terms of Service