Effective Date: 2023/7/9
These Terms of Service (“Terms”) constitute a legally binding agreement between you and FransChat (“FransChat,” “we,” “our,” or “us”) governing your use of our products, services, information, contents, and tools available on the FransChat website (“Site”) and our chatbot services on Facebook and Instagram (“Services”).
By clicking on the “I agree” button, accessing or using the Site or Services, you indicate that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or Services.
We provide a platform that enables businesses and individuals to create automated chat flows for deployment on Facebook and Instagram. Our Services do not include a mobile application, WhatsApp, or Telegram.
By using our Services, you acknowledge and agree that FransChat: 1.1. Is not involved in the creation or development of User Generated Content (as defined below). 1.2. Disclaims any responsibility for User Generated Content. 1.3. Cannot be liable for claims arising out of or relating to User Generated Content. 1.4. Is not obligated to monitor, review, or remove User Generated Content but reserves the right to limit or remove User Generated Content on the Services at its sole discretion.
2.Account, Password, Security, and Communication
To use our Services, you must register with FransChat and create an account. You agree to provide accurate and complete information during the registration process and to maintain and update your account information promptly.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
By providing your phone number and email address and using our Services, you consent to FransChat’s use of your phone number for calls and recurring texts and your email address to perform and improve upon the Services and provide you with information and reminders. You may opt-out of receiving calls or messages from us by modifying your account settings or contacting us.
3.Agencies and Business Owners
FransChat allows Business Owners (individuals or entities using our Services for their business) and Agencies (service providers hired by Business Owners) to collaborate on the use of our Services. As a Business Owner or Agency using our Services, you acknowledge and agree to the following: 3.1. FransChat is not responsible for any Agency’s actions or omissions. 3.2. The Business Owner is the account representative and solely responsible for compliance with these Terms. 3.3. Agencies must correctly identify the Business Owner as an administrator and confirm authorization to use the Services on the Business Owner’s behalf. 3.4. Agency Content (work product created by the Agency) remains the property of the Agency.
4.User Generated Content
“User Generated Content” refers to any content, information, and materials provided, submitted, or made available by you or any conversation participant using our Services. You acknowledge and agree that: 4.1. FransChat is not involved in the creation or development of User Generated Content. 4.2. FransChat disclaims any responsibility for User Generated Content. 4.3. FransChat cannot be liable for claims arising out of or relating to User Generated Content. 4.4. FransChat is not obligated to monitor, review, or remove User Generated Content but reserves the right to limit or remove User Generated Content on the Services at its sole discretion.
By providing User Generated Content through our Services, you grant FransChat a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, access, distribute, and otherwise exploit such User Generated Content on or through the Services. FransChat does not claim ownership rights to User Generated Content.
5.Communication with FransChat
By providing your contact information, including email and phone number, to FransChat, you agree to be contacted for purposes related to your use of the Services. You may receive emails, text messages, and calls relating to your registration, updates, and promotions. You acknowledge that standard message and data charges from your carrier may apply.
6.Compliance with Applicable Laws
You agree to use our Services in full compliance with all applicable laws, including Malaysian laws. This includes compliance with laws governing electronic messaging, privacy, and data protection. You are solely responsible for ensuring that your use of the Services and any messages you send are in compliance with applicable laws.
For any questions or concerns regarding these Terms, please contact us at [email protected].
7. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services:
- for any unlawful purpose;
- to conduct any unlawful acts or solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to use the Services for any purpose or in any manner that infringes upon or violates the rights, including but not limited to intellectual property rights, of us or any third party;
- to harass, abuse, insult, harm, defame, slander, stalk, threaten, disparage, intimidate, discriminate in any way, including, but not limited to, discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or otherwise violate the legal rights (such as of privacy or publicity) of any other users or visitors of the Services or staff members of FransChat;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet;
- to interfere with or carry out any activity that threatens the performance, security, or proper functioning of the Services;
- to attempt to compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
- to attempt to access unauthorized Accounts or to collect or track the personal information of others;
- to abuse any trial offerings with respect to the Services;
- to abuse any rebate offerings with respect to the Services;
- in any way which violates the policies of Facebook, Instagram, or any other platform with which FransChat does business;
- to copy, distribute, or disclose any part of the Services in any medium other than as allowed by the Services and these Terms of Service;
- to use any automated system (other than any functionalities of the Services), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services;
- to transmit spam, chain letters, or other unsolicited email or attempt to phish, pharm, pretext, spider, crawl, or scrape;
- to impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity;
- to attempt to decipher, decompile, disassemble, or reverse engineer any of the software or algorithms used to provide the Services; or
- to encourage or enable any other individual to do any of the foregoing.
We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
8. Representations and Warranties; Compliance with Laws
You represent and warrant that:
- You are 18 years of age or older, or of the legally required age in the jurisdiction in which you reside, and are capable of entering into binding contracts.
- You have the right, authority, and capacity to enter into and abide by the terms and conditions of the Agreement.
- If you are entering into the Agreement on behalf of a company or organization, you have the authority to act on behalf of that entity and bind it to the Agreement.
You further represent and warrant that:
- You will act professionally and responsibly in your interactions with other users.
- You will comply with applicable local, state, or federal laws or customs and act in good faith while using or accessing the services.
You are responsible for determining whether the services are suitable for use in compliance with any applicable regulations, including but not limited to the laws of the jurisdiction in which you operate. If you are subject to specific regulations, such as data privacy laws, you acknowledge that FransChat is not liable if the services do not meet those requirements. You may not use the services for any unlawful or discriminatory activities, including acts prohibited by relevant laws.
You represent and warrant that you shall be solely responsible for obtaining end-user consent for text messaging in full compliance with all applicable laws, rules, and regulations.
If you are located in Malaysia or serve users in Malaysia, you acknowledge that FransChat operates under Malaysian law for any legal matters related to the services.
9. Termination and Suspension
Unless otherwise agreed to in writing between you and FransChat, either party may terminate these Terms of Service for any or no cause, at any time. You may cancel and delete your Account at any time by using the features provided on the FransChat platform. After cancellation, you will no longer have access to your Account, your profile, or any other information associated with the Services.
FransChat reserves the right to suspend or terminate your access to the Services at any time without notice if we believe you have violated these Terms of Service or engaged in any prohibited activities. In the event of termination or suspension, you are prohibited from creating a new account without prior written permission from FransChat.
FransChat also reserves the right to modify, suspend, or discontinue any or all parts of the Services at any time without notice. We are not liable to you or any third party for any modifications, suspensions, or discontinuations of the Services.
Upon termination or cancellation of your Account, FransChat reserves the right to delete all your data, including any user-generated content, in accordance with our data retention and deletion policies.
Note: It’s important to consult with a legal professional or attorney to ensure that your terms and conditions comply with all applicable laws and regulations in your jurisdiction and to address any specific legal concerns related to your platform.
10. Billing and Payment
You agree to pay all fees and charges associated with your use of the FransChat platform according to the pricing and billing terms provided on our website or as otherwise agreed upon in writing. Unless otherwise specified, all prices and fees are in MYR (Malaysian Ringgit) and are exclusive of applicable taxes.
If you choose to purchase any paid services or products offered by FransChat, you authorize us to charge your selected payment method for the total amount due. You are responsible for providing accurate and up-to-date billing information and ensuring that your payment method remains valid. In the event of non-payment or failure to process payment, we may suspend or terminate your access to the Services.
FransChat may offer different subscription plans, payment options, and promotional offers. These offers may have specific terms and conditions, and you agree to abide by them. We reserve the right to change our fees, pricing, and billing methods upon notice to you, which may be provided by email or through our website. Continued use of the Services after such changes constitutes your acceptance of the new pricing and billing terms.
11. Third-Party Websites and Tools
The services may contain links to third-party websites. These links are provided for reference and convenience only and do not constitute endorsement or association with those websites. FransChat is not responsible for the availability, accuracy, content, or services offered by third-party websites. Your access to and use of third-party websites are subject to their terms and conditions and privacy policies.
The services may provide access to third-party tools, which are offered on an “as-is” and “as-available” basis without warranties or endorsements from FransChat. Your use of third-party tools is at your own risk and subject to the terms and conditions of the respective third-party providers. FransChat disclaims any liability arising from or relating to your use of third-party tools.
By linking your account with third-party accounts, you acknowledge that FransChat may access and store content from your third-party accounts. You agree to comply with the terms and conditions of the third-party providers governing your use of those accounts. FransChat is not responsible for the content or liability associated with third-party accounts.
12. Optional FransChat-Provided Tools
FransChat may provide you with access to FransChat tools and the FransChat Developer Program (collectively referred to as “FransChat Dev Program”), including application program interfaces, to enhance and expand the functionality of the Services offered by FransChat.
Subject to these Terms of Service, you are granted a non-exclusive, non-transferable, revocable right, without the right to sublicense, to access and use the FransChat Dev Program for the sole purpose of creating software modules, templates, connected services, and similar functions (referred to as “Integration Products”) required to integrate your software applications, websites, website assets, products, and/or services (collectively, your “Application”) into the Services (referred to as “Permitted Uses”). FransChat reserves the right to set and enforce limits on your use of the FransChat Dev Program and may change the Permitted Uses and limitations at any time by revising these Terms of Service. You agree to comply with the following conditions:
- You will not decompile, decipher, disassemble, modify, prepare derivative works of, reverse engineer, or recreate the FransChat Dev Program or the Services.
- You will not upload any data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, obscene, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically, or otherwise objectionable.
- You will not infringe the intellectual property rights of any third party.
- You will not interfere with or disrupt FransChat’s software or the system used to host the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
- You will not engage in any deceptive, misleading, illegal, or unethical activities that may be detrimental to the FransChat Dev Program, the Services, FransChat, its customers, or the public.
- You will only cache or store FransChat data or content for reasonable periods necessary to provide your Application and/or Integration Products to FransChat customers.
- You will not aggregate retrieved FransChat content or data with third-party content in a manner that prevents customers from attributing such content to FransChat.
- You will not remove, obscure, or alter FransChat’s copyright notices, trademarks, or other proprietary rights notices on the Services.
By using the FransChat Dev Program, you grant FransChat a perpetual, irrevocable, worldwide, sublicensable, non-exclusive, non-transferable, royalty-free license and right to use, copy, modify, and distribute your Applications and Integration Products. You retain ownership of your Applications and Integration Products. However, by using the FransChat Dev Program, you do not acquire ownership of any rights in the FransChat Dev Program, FransChat’s data or content, or the Services.
FransChat reserves the right to:
- Cease providing, modify, alter, or disable the FransChat Dev Program or provide new tools and related services.
- Charge fees for access or use of the FransChat Dev Program.
- Provide or cease providing support for the FransChat Dev Program.
- Deactivate or remove your access to the FransChat Dev Program.
- Accept, reject, suspend, or remove your Integration Products and Applications from the Services for any reason.
- Make your Applications and Integration Products publicly available or private according to the Review Process outlined on the support.franschat.com website.
- Independently develop products or services that may compete with your Applications and/or Integration Products or other products and services.
FransChat may monitor and audit your use of the FransChat Dev Program to ensure compliance with these Terms of Service. You agree to assist FransChat with such monitoring and auditing by providing information on your Applications and/or Integration Products and data and security practices.
13. Ownership and Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces, and other content (collectively, “Proprietary Material”) that users see or interact with through the Services is owned by FransChat, excluding User Generated Content. Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without FransChat’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content.
FransChat’s service marks and trademarks, including FransChat and FransChat logos, are owned by FransChat. Any other trademarks, service marks, logos, and/or trade names appearing through the Services are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.
By submitting any feedback, comments, ideas, or suggestions (“Feedback”) about the Services to FransChat, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and that FransChat is free to use the Feedback without additional compensation to you. You acknowledge that all email and other correspondence you submit to FransChat becomes FransChat’s sole and exclusive property.
Your use of the Services and the licenses granted under this Agreement are conditioned upon your strict adherence to the applicable guidelines and any end user licenses associated with your use of the FransChat Dev Program. FransChat reserves the right to terminate your Account and access to the Services if it determines that you have violated any such applicable guidelines.
14. Copyright Complaints and Copyright Agent
FransChat respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Services infringe upon your copyright or other intellectual property rights, please contact FransChat’s Copyright Agent at [email protected] with the following information:
- A description of the copyrighted work that you claim has been infringed.
- The location where the original or authorized copy of the copyrighted work exists.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner.
You acknowledge that confidential information (as defined below) is a valuable and proprietary asset of FransChat. You agree not to disclose, transfer, or use any confidential information for any purpose other than using the FransChat services in accordance with these Terms of Service. If necessary, you may disclose confidential information to authorized employees and agents who are also bound by confidentiality obligations. You must promptly notify FransChat in writing of any unauthorized disclosure, transfer, or use of confidential information. You are responsible for ensuring the protection of confidential information from unauthorized access. Upon termination of this agreement, you must return all originals and copies of materials containing confidential information to FransChat.
The term “confidential information” refers to trade secrets, proprietary information, and any other non-public information of FransChat that is not generally known to the public or other third parties. This includes technical data, product plans, customer information, software, financial information, and any other proprietary or confidential information related to FransChat’s business operations, whether disclosed in writing, orally, or by other means.
16. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. FRANSCHAT DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRANSCHAT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE RELIABILITY, TIMELINESS, SECURITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY CONTENT PROVIDED THROUGH THE SERVICES. FRANSCHAT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
UNDER NO CIRCUMSTANCES WILL FRANSCHAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, INTERRUPTION OF SERVICE, OR ANY OTHER LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless FransChat and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the FransChat services, your violation of these Terms of Service, or any third-party claims arising from your actions or content submitted through the services. FransChat reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully with FransChat in asserting any available defenses.
18. Dispute Resolution
Any dispute or claim arising out of or relating to these Terms of Service or the use of the FransChat services shall be resolved through arbitration. The arbitration shall be conducted in accordance with the rules of the arbitration organization agreed upon by both parties. The arbitration shall take place in Malaysia and shall be conducted in the English language. Each party shall bear its own costs associated with the arbitration.
19. Governing Law
These Terms of Service and your use of the FransChat services shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws principles.
20. No Agency or Employment
These Terms of Service do not create any agency, partnership, joint venture, employment, or franchise relationship between you and FransChat. You agree that you are an independent contractor and not an employee or agent of FransChat.
21. General Provisions
Failure by FransChat to enforce any provision of these Terms of Service shall not constitute a waiver of that provision. These Terms of Service constitute the entire agreement between you and FransChat regarding the services and supersede any prior agreements or communications. If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You may not assign or transfer any rights or obligations under these Terms of Service without the prior written consent of FransChat. FransChat may assign or transfer these Terms of Service without your consent.
22. Changes to the Agreement and the Services
23. No Rights of Third Parties
The provisions of these Terms of Service are intended for the sole benefit of FransChat and you and do not confer any rights upon any third party. No third party shall have the right to enforce any provision of these Terms of Service.
24. Notices and Electronic Communications
You consent to receive all communications, including agreements, notices, disclosures, and other information (collectively, “Notices”) from FransChat electronically. FransChat may provide Notices to you by email or by posting them on the FransChat website. You agree that all Notices provided electronically satisfy any legal requirement that such communications be in writing. You are responsible for keeping your contact information up to date and promptly notifying FransChat of any changes.
25. Contact Information
If you have any questions, comments, or concerns regarding these Terms of Service or the FransChat services, please contact us at [email protected] or through our website’s support page.