Effective Date: January 2, 2025
Welcome to Evorachat (“we,” “us,” or “our”). By accessing or using our website (“Website”) and services (“Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, do not use our Services.
1. Description of Service
Evorachat provides a centralized chat platform, support ticket system, AI assistant services, and website chat functionality on a subscription basis. The Services are available only to users who comply with these Terms.
2. Subscriptions and Payments
2.1 Payment Terms
- All subscription payments must be made in advance. Plans may include monthly, yearly, or other payment intervals as defined on our Website.
- Service activation begins on the date payment is received and covers the agreed-upon period (e.g., one month from the payment date).
2.2 Refund Policy
Refunds are only applicable as follows:
- Complete Downtime: If all four main functionalities are non-functional for the entire paid period, a full refund will be issued upon request.
- Example: If the service is completely down for an entire month, the client may request a full refund for that month.
- Partial Downtime: If all four main functionalities are non-functional for a portion of the paid period, the refund amount will be calculated as follows:
- Refund = (Monthly subscription fee / 30 days) x Number of days completely down.
- Partial Feature Unavailability: Refunds will not be issued for individual feature outages unless two or more of the following functionalities are simultaneously non-functional:
- Website Chat Bubble
- Centralized Chat Service
- AI Agent / Assistant
- Support Tickets (if included in the client’s plan).
- Refund decisions for additional cases are at the sole discretion of EvoraChat.
3. Acceptable Use
You agree to use the Services only for their intended purpose and in compliance with applicable laws. Prohibited activities include, but are not limited to:
- Attempting to hack, exploit, or compromise the security of our systems.
- Overloading or abusing the Services in ways not intended for normal human use.
- Engaging in fraudulent or harmful activities that disrupt our operations or harm other users.
- Using profanity, hate speech, racism, political propaganda, religious views, or any offensive content directed at your clients through the Evorachat service.
- Breaching the terms of the social networks or services integrated with our software.
Agents, employees, representatives, and all users from the client’s business are prohibited from engaging in the above activities. Breaching the terms of social networks or other integrated services is also considered a breach of our Acceptable Use policy.
We reserve the right to suspend, limit, or terminate accounts involved in prohibited activities without refund. Further, legal action may be pursued for damages or losses incurred. In cases of breach involving integrated platforms, services may be limited, suspended, or terminated until further clarification.
4. Service Availability
We strive to provide uninterrupted access to our Services, but we do not guarantee that they will always be available or error-free. Scheduled maintenance, technical issues, or force majeure events may temporarily affect the availability of the Services.
Our service uses other services in its internal logic, including:
- ChatGPT API
- Meta APIs for WhatsApp, Facebook, and Instagram
- Telegram Bot API
- Several other technologies such as WordPress Plugin Integration
- One or several dedicated servers
We are not liable for hacks of their systems or any problems caused by the providers of these services. Data about our clients is never sent by our software to these providers and their services. Data is only held and transmitted internally in encrypted form. Any issues caused by these external providers remain their responsibility.
5. Limitation of Liability
To the fullest extent permitted by law, Evorachat shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our total liability for direct damages is limited to the amount you paid for the affected subscription period.
6. Modifications to the Terms or Services
We reserve the right to update these Terms or modify the Services at any time. Significant changes will be communicated via email or through the Website. Continued use of the Services constitutes your acceptance of the revised Terms.
7. Governing Law and Dispute Resolution
These Terms are governed by the laws of Romania. Any disputes arising from these Terms will be resolved through negotiation, and if necessary, through binding arbitration or the competent courts of Romania.
Arbitration and Mediation
In case of disputes, the parties agree to first attempt resolution through mediation. If mediation fails, the dispute will be submitted to binding arbitration in Romania before being resolved in court.
Jurisdiction
Any legal disputes will be subject to the jurisdiction of the courts located in Bucharest, Romania.
Language Clause
All proceedings related to disputes shall be conducted in Romanian, unless otherwise agreed by both parties.
8. Contact Information
If you have questions about these Terms, please contact us:
Evorachat
Email: support@evorachat.com
Website: https://evorachat.com