Terms and Conditions

Terms and Conditions for JetSpring, LLC d/b/a TextChat

Effective Date: June 30, 2024

JetSpring, LLC d/b/a TextChat (“TextChat,” “we,” “us,” or “our”) provides a Contact Center as a Service (CCaaS) platform offering omni-channel communication and agent support for live chat, SMS, Facebook Messenger, WhatsApp, and Instagram (collectively, the “Services”). These Terms and Conditions (“Terms”) govern your use of the Services.

By accessing or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.

1. Acceptance of Terms

By accessing or using the Services, you confirm that you have read, understood, and agree to these Terms, our Privacy Policy, and any other applicable agreements referenced herein. These Terms form a binding contract between you and TextChat.

2. Modifications to Terms

TextChat reserves the right to update or modify these Terms at any time. We will notify you of material changes through the Services or by email. Continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes.

3. Use of the Services

Eligibility

The Services are intended for use by businesses and organizations. To use the Services, you must:

• Be a legally registered business or organization with the capacity to enter into binding contracts.
• Provide accurate and complete information during registration, including your business name, contact information, and any other required details.
• Comply with all applicable laws and regulations relevant to your business including but not limited to data protection laws such as GDPR, consumer protection laws, and electronic communication regulations
• Ensure that all End Users and agents within your organization who access the Services are authorized to do so and are aware of these Terms.

Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose or in violation of applicable laws or regulations.
• Impersonate others or misrepresent your affiliation with any entity.
• Interfere with the operation or security of the Services.
• Collect or process data unlawfully or in violation of GDPR or other data protection laws.

4. Data Processing and Privacy

Your use of the Services is subject to our Privacy Policy, which describes how we collect, process, and protect personal data. TextChat processes data in compliance with GDPR and other applicable privacy laws.

Data Controller and Processor Roles

• Customers: When using our Services, you act as the data controller for your End Users’ data. You are responsible for ensuring compliance with GDPR and obtaining necessary consents from your End Users.
• TextChat: We act as the data processor, processing data on your behalf as instructed.

Data Transfers

Data may be transferred and stored outside of your jurisdiction. For data transfers from the European Economic Area (EEA), United Kingdom, or Switzerland, TextChat uses appropriate safeguards, such as Standard Contractual Clauses, to ensure compliance with GDPR.

5. Meta Platform Integrations

TextChat integrates with Meta platforms, including Facebook Messenger, WhatsApp, and Instagram. By using these integrations, you agree to:

• Comply with Meta’s Platform Terms.
• Obtain explicit consent from End Users for data collection and processing through Meta platforms.
• Ensure that data derived from Meta platforms is not used for profiling, advertising, or any unauthorized purposes.
• Inform End Users about your use of Meta integrations in your privacy policy.

6. Intellectual Property

All content, trademarks, and technology provided by TextChat are the property of TextChat or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for your business operations. You may not copy, modify, distribute, or reverse-engineer any part of the Services without prior written consent.

7. Fees and Payments

Subscription Fees

Access to certain features of the Services may require payment of subscription fees. Fees are outlined during registration and are subject to change with prior notice.

Payment Terms

• All fees are billed in advance and are non-refundable, except as required by law.
• You authorize TextChat to charge your payment method on file for all applicable fees.

8. Termination and Suspension

TextChat reserves the right to suspend or terminate your access to the Services if:

• You breach these Terms or applicable laws.
• Your account remains inactive for an extended period.
• You fail to pay subscription fees.

You may terminate your account at any time by contacting us at hello@textchat.com. Upon termination, your data will be handled in accordance with our Privacy Policy.

9. Limitation of Liability

To the fullest extent permitted by law:

• TextChat shall not be liable for indirect, incidental, or consequential damages arising from your use of the Services.
• TextChat’s total liability for any claim shall not exceed the fees paid by you in the preceding three months.

10. Indemnification

You agree to indemnify and hold TextChat, its affiliates, and employees harmless from any claims, damages, or expenses arising from:

• Your use of the Services.
• Your violation of these Terms or applicable laws.
• Any disputes with End Users related to your use of the Services.

11. Compliance with Laws

You are responsible for ensuring that your use of the Services complies with all applicable laws, including:

• GDPR for processing personal data of EEA residents.
• The California Consumer Privacy Act (CCPA), if applicable.
• Laws governing electronic communications and data transfers.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Pennsylvania, USA, without regard to its conflict of law provisions. Any disputes shall be resolved exclusively in the state or federal courts located in Pennsylvania.

13. Changes to the Services

TextChat reserves the right to modify, suspend, or discontinue any part of the Services at any time without liability. We will provide advance notice of significant changes where possible.

14. Contact Information

For questions or concerns about these Terms, contact us at:

JetSpring, LLC d/b/a TextChat
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Email: hello@textchat.com
Phone: (203) 485-0545

By using the Services, you acknowledge that you have read, understood, and agreed to these Terms. For additional information, refer to our Privacy Policy.

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