Terms and Conditions

These Terms and Conditions ("Terms", "Agreement") govern your access to and use of ChatPilot's services, software, and websites (collectively, the "Service"). This Agreement is between you (either an individual or the entity you represent) and ChatPilot ("ChatPilot", "we", "us", "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Definitions

• "Account" means your ChatPilot account that allows you to access and use the Service.
• "Customer" or "you" means the individual or legal entity that has agreed to these Terms.
• "Customer Data" means all data, content, and information submitted, transmitted, or stored by you or your End Users through the Service.
• "End Users" means individuals authorized by you to use the Service under your Account.
• "Service" means ChatPilot's WhatsApp customer relationship management platform, including all software, features, and updates.
• "Subscription" means your selected plan (Basic, Business, or Enterprise) for access to the Service.
• "Third-Party Services" means external services integrated with ChatPilot, including but not limited to WhatsApp Business API, Meta platforms, and any other third-party integrations.

2. Acceptance of Terms

2.1. Binding Agreement

By creating an Account, accessing the Service, or clicking "I agree" (or similar), you acknowledge that you have read, understood, and agree to be bound by these Terms.

2.2. Authority

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, "you" and "your" will refer to that entity.

2.3. Age Requirement

You must be at least 18 years old to use the Service. By using the Service, you represent that you are at least 18 years old.

2.4. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service at least 30 days before the effective date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

3. Account Registration and Security

3.1. Account Creation

To use the Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Not use false identities or impersonate any person or entity

3.2. Account Security

You are responsible for:

• Maintaining the confidentiality of your Account credentials
• All activities that occur under your Account
• Immediately notifying us of any unauthorized access or security breach
• Ensuring End Users comply with these Terms

3.3. Account Suspension

We may suspend or terminate your Account if:

• You breach these Terms
• Your use of the Service poses security or legal risks
• We are required to do so by law
• Your payment fails or your Account is past due

4. Subscription Plans and Fees

4.1. Subscription Tiers

ChatPilot offers multiple subscription tiers (Basic, Business, Enterprise). Features, limitations, and pricing vary by tier and are described on our Pricing Page.

4.2. Fees

You agree to pay all fees associated with your selected Subscription tier. Fees are:

• Stated in USD unless otherwise specified
• Billed in advance on a monthly or annual basis (as selected)
• Non-refundable except as expressly stated in Section 4.8

4.3. Payment Terms

• Payment is due upon subscription activation or renewal
• You authorize us to charge your payment method on file
• You must provide current, valid payment information
• Failure to pay may result in Account suspension or termination

4.4. Automatic Renewal

Your Subscription automatically renews at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current rate for your Subscription tier.

4.5. Price Changes

We may change our fees with 30 days' notice. Price changes take effect on your next renewal date. If you do not agree to a price increase, you may cancel your Subscription before the renewal date.

4.6. Taxes

Fees exclude all taxes, levies, or duties. You are responsible for all applicable taxes except those based on ChatPilot's net income.

4.7. Overage Charges

If you exceed your plan limits (contacts, messages, users, etc.), you may be charged overage fees or required to upgrade your plan. We will notify you before charging overage fees.

4.8. Refund Policy

• Monthly Subscriptions: No refunds for partial months. You may cancel at any time, effective at the end of the current billing cycle.
• Annual Subscriptions: No refunds after 14 days from initial purchase. Pro-rated refunds may be issued within 14 days of initial purchase at our discretion.
• Downtime: Service credits may be issued for extended Service unavailability as described in Section 7.

5. WhatsApp Business API and Third-Party Services

5.1. WhatsApp Business API

The Service integrates with WhatsApp Business API. Your use of WhatsApp through ChatPilot is subject to:

• WhatsApp Business Terms of Service
• WhatsApp Business Policy
• Meta's Terms of Service and Policies

5.2. Compliance Responsibility

You are solely responsible for:

• Obtaining WhatsApp Business API approval
• Complying with WhatsApp's messaging policies and limits
• Maintaining opt-in consent from message recipients
• Avoiding spam, prohibited content, or policy violations
• Any consequences resulting from your use of WhatsApp, including account suspension or bans

5.3. Third-Party Service Availability

We do not control Third-Party Services. Changes, disruptions, or termination of Third-Party Services may affect the Service. We are not liable for issues arising from Third-Party Services.

5.4. WhatsApp Charges

WhatsApp may charge fees for messaging (conversation-based pricing). You are responsible for all WhatsApp fees. ChatPilot fees are separate from and in addition to WhatsApp fees.

5.5. No Liability for WhatsApp Actions

CHATPILOT IS NOT LIABLE FOR ANY DAMAGES ARISING FROM WHATSAPP'S ACTIONS, INCLUDING BUT NOT LIMITED TO:

• Account suspensions or bans (temporary or permanent)
• Changes to WhatsApp's policies, fees, or terms of service
• Disruptions, downtime, or termination of WhatsApp Business API
• Loss of phone number access or verification issues
• Message delivery failures or delays
• WhatsApp's enforcement actions or policy violations
• Loss of revenue, customers, or business opportunities due to WhatsApp-related issues

YOU ACKNOWLEDGE THAT WHATSAPP IS A THIRD-PARTY SERVICE OUTSIDE OUR CONTROL. YOUR SOLE REMEDY FOR WHATSAPP-RELATED ISSUES IS TO CONTACT META/WHATSAPP DIRECTLY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING WHATSAPP'S AVAILABILITY, RELIABILITY, OR CONTINUITY OF SERVICE.

6. Acceptable Use Policy

6.1. Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

6.2. Prohibited Activities

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe intellectual property rights of others
• Send spam, unsolicited messages, or bulk messages without consent
• Transmit viruses, malware, or harmful code
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or attempt to extract source code
• Use the Service to harass, threaten, or abuse others
• Scrape, crawl, or use automated tools to access the Service without permission
• Resell, sublicense, or distribute the Service without authorization
• Violate WhatsApp's Business Policy or Terms of Service
• Send messages containing illegal content, hate speech, violence, adult content, or prohibited material
• Use the Service for phishing, fraud, or deceptive practices

6.3. Enforcement

We reserve the right to investigate and take action against violations, including:

• Removing content
• Suspending or terminating Accounts
• Reporting violations to law enforcement
• Taking legal action

6.4. Monitoring

We reserve the right (but have no obligation) to monitor use of the Service to ensure compliance with these Terms.

6.5. Rate Limits and Fair Use Policy

The Service is subject to rate limits and fair use restrictions to ensure performance for all users. You agree that:

• API requests may be rate-limited or throttled
• Excessive usage beyond your plan's intended scope may result in temporary restrictions
• "Unlimited" features (e.g., unlimited contacts) are subject to fair and reasonable use
• We may define usage thresholds and notify you if exceeded
• Automated scraping, bulk imports, or other abusive patterns are prohibited

Fair use violations include but are not limited to:

• Sending excessive messages beyond reasonable business needs
• Creating excessive contacts through automated means
• Making excessive API calls that degrade Service performance
• Using the Service as a data storage platform rather than for customer messaging
• Sharing accounts across multiple unrelated businesses

6.6. Suspension for Abuse

We may immediately suspend your Account without prior notice if:

• Your usage violates fair use limits and degrades Service performance for other users
• You engage in activity that poses security risks
• You violate rate limits repeatedly after warning
• WhatsApp flags your account for spam or policy violations
• We detect fraudulent activity or payment issues
• You violate Section 6.2 (Prohibited Activities)

During suspension:

• You retain access to export Customer Data
• You remain liable for all fees during the suspension period
• We will provide notice of the reason for suspension and steps to resolve (except in cases of severe violations or legal requirements)
• Repeated violations may result in permanent termination without refund

7. Service Availability and Support

7.1. Service Availability

We strive to provide reliable Service but do not guarantee uninterrupted or error-free access. The Service is provided "as is" and "as available."

7.2. Maintenance

We may perform scheduled or emergency maintenance that temporarily interrupts the Service. We will provide advance notice of scheduled maintenance when possible.

7.3. Uptime Target

We target 99.5% uptime (measured monthly), excluding scheduled maintenance. This is a target, not a guarantee, except for Enterprise plans with SLA agreements.

7.4. Service Credits (Enterprise Only)

Enterprise customers with SLA agreements may be eligible for service credits if uptime falls below agreed thresholds. Service credits are your sole remedy for Service unavailability.

7.5. Support

• Basic Tier: Email support (48-hour response target)
• Business Tier: Priority email support (24-hour response target)
• Enterprise Tier: Dedicated account manager and priority support (4-hour response target)

Support is provided during business hours (9 AM - 6 PM MYT, Monday-Friday) unless otherwise specified in an SLA.

8. Beta and Experimental Features

8.1. Beta Features

From time to time, we may offer features, products, or services in beta, preview, early access, or experimental mode (collectively, "Beta Features"). Beta Features are clearly marked as such in the Service.

8.2. Beta Terms

Beta Features are provided "AS IS" with no warranties or guarantees of any kind. By using Beta Features, you acknowledge that:

• Beta Features may not function correctly or as expected
• Beta Features may be discontinued without notice
• Beta Features may have limited or no support
• Beta Features may contain bugs, errors, or security vulnerabilities
• Data loss or corruption may occur with Beta Features
• Beta Features are not recommended for production or critical use cases
• Performance, uptime, and SLA guarantees do not apply to Beta Features

8.3. No Liability for Beta Features

We have no liability for any damages arising from Beta Features, including data loss, business interruption, or failure to perform as expected. Use of Beta Features is entirely at your own risk.

8.4. Feedback on Beta Features

If you provide feedback on Beta Features, we may use it to improve the Service without any obligation to you. We may discontinue Beta Features at any time based on feedback or business decisions.

8.5. Migration from Beta

When Beta Features move to general availability:

• We will provide reasonable notice
• Pricing and terms may change
• You may choose to continue using the feature under new terms or discontinue use
• Data created during beta will be migrated when feasible, but we do not guarantee migration

9. Customer Data

9.1. Ownership

You retain all ownership rights to Customer Data. You grant us a limited license to use, store, and process Customer Data solely to provide the Service.

9.2. Your Responsibilities

You are solely responsible for:

• The accuracy, legality, and quality of Customer Data
• Obtaining necessary consents and permissions for data collection and processing
• Compliance with data protection laws (GDPR, PDPA, etc.)
• Backing up Customer Data (we are not a backup service)

9.3. Data Processing

We process Customer Data in accordance with our Privacy Policy. By using the Service, you consent to such processing.

9.4. Data Processing Agreement (DPA)

If you process personal data of individuals in the European Union, Malaysia, or other jurisdictions with data protection laws, a Data Processing Agreement may be required.

• For Business and Enterprise customers: DPA is available upon request at hello@runchatpilot.com
• For Basic tier customers: Standard DPA terms are incorporated by reference to our Privacy Policy
• The DPA governs our role as a data processor and your role as data controller
• You are responsible for ensuring lawful basis for processing (consent, contract, legitimate interest, etc.)
• We will cooperate with data subject requests (access, deletion, portability) as outlined in the DPA

9.5. Data Location

Customer Data may be stored and processed in Malaysia or other jurisdictions where we or our service providers operate. You consent to such transfer and storage.

9.6. Data Retention

We retain Customer Data for the duration of your Subscription. Upon termination:

• You may export Customer Data for 30 days
• After 30 days, we may delete Customer Data unless legally required to retain it
• Deletion is irreversible

9.7. Data Security

We implement reasonable administrative, physical, and technical safeguards to protect Customer Data. However, no system is completely secure. You acknowledge the inherent risks of internet transmission and storage.

9.8. Data Breaches

In the event of a data breach, we will notify you in accordance with applicable laws.

10. Intellectual Property

10.1. Service Ownership

ChatPilot and its licensors own all rights, title, and interest in the Service, including all intellectual property rights. These Terms do not grant you any ownership rights.

10.2. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your Subscription term, subject to these Terms.

10.3. Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Sell, resell, rent, lease, or sublicense the Service
• Remove or alter any proprietary notices
• Use the Service to develop competing products

10.4. Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation or compensation to you.

10.5. Trademarks

ChatPilot, the ChatPilot logo, and related marks are trademarks of ChatPilot. You may not use them without our prior written consent.

11. Confidentiality

11.1. Confidential Information

Each party agrees to protect the other party's Confidential Information with the same degree of care it uses for its own confidential information (but no less than reasonable care).

11.2. Exceptions

Confidential Information does not include information that:

• Is publicly available through no breach of this Agreement
• Was rightfully known prior to disclosure
• Is independently developed without access to Confidential Information
• Is required to be disclosed by law

11.3. Term

Confidentiality obligations survive termination of this Agreement for 3 years.

12. Representations and Warranties

12.1. Mutual Representations

Each party represents and warrants that:

• It has the authority to enter into this Agreement
• Its performance will not violate any other agreement or applicable law

12.2. Your Warranties

You represent and warrant that:

• Customer Data does not infringe third-party rights
• You have obtained necessary consents for data processing
• You will comply with all applicable laws
• You will use the Service in accordance with these Terms

12.3. Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12.4. AI Features Disclaimer

THE SERVICE INCLUDES ARTIFICIAL INTELLIGENCE (AI) FEATURES THAT SUGGEST OR GENERATE CONTENT. YOU ACKNOWLEDGE AND AGREE THAT:

• AI-generated content may be inaccurate, incomplete, inappropriate, or offensive
• AI suggestions are not guaranteed to be correct or suitable for your specific use case
• You are solely responsible for reviewing, editing, and approving all AI-generated content before sending to customers
• We are not responsible for any damages arising from your use of AI-generated content
• AI features are provided for convenience only and do not constitute professional advice
• You must verify all AI-generated information before relying on it
• AI models may produce inconsistent or unexpected results

12.5. No Business Results Guarantee

WE DO NOT GUARANTEE ANY SPECIFIC BUSINESS RESULTS FROM USE OF THE SERVICE. YOUR SUCCESS DEPENDS ON FACTORS OUTSIDE OUR CONTROL, INCLUDING:

• Your business model and execution
• Your customer relationships and communication quality
• Market conditions and competition
• Your compliance with applicable laws and platform policies
• Quality of your products or services

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING INCREASED SALES, REVENUE, CUSTOMER SATISFACTION, OR OTHER BUSINESS OUTCOMES. TESTIMONIALS AND CASE STUDIES REPRESENT INDIVIDUAL RESULTS AND ARE NOT TYPICAL. YOUR RESULTS MAY VARY.

13. Limitation of Liability

13.1. Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHATPILOT'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO CHATPILOT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

13.2. Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHATPILOT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.3. Exceptions

The above limitations do not apply to:

• Your breach of intellectual property rights
• Your violation of the Acceptable Use Policy
• Gross negligence or willful misconduct
• Liabilities that cannot be limited by law

13.4. Allocation of Risk

These limitations reflect an agreed-upon allocation of risk between the parties.

14. Indemnification

14.1. Your Indemnification

You agree to indemnify, defend, and hold harmless ChatPilot and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your breach of these Terms
• Customer Data or your processing of personal data
• Your violation of applicable laws or third-party rights
• Your End Users' use of the Service

14.2. Process

We will notify you of any claim subject to indemnification. You will have sole control of the defense, provided that:

• We may participate with our own counsel at our expense
• You may not settle any claim without our prior written consent if it imposes obligations on us

15. Term and Termination

15.1. Term

This Agreement begins when you create an Account and continues until terminated.

15.2. Termination by You

You may terminate this Agreement at any time by:

• Canceling your Subscription through the Service
• Providing written notice to hello@runchatpilot.com

Termination is effective at the end of your current billing cycle. You remain responsible for fees incurred through the end of the billing cycle.

15.3. Termination by Us

We may terminate or suspend your Account immediately if:

• You breach these Terms
• You fail to pay fees when due (after 15 days' notice)
• Your use of the Service poses security or legal risks
• We cease offering the Service (with 90 days' notice)

15.4. Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• You must pay all outstanding fees
• You may export Customer Data within 30 days
• Sections 9 (Customer Data - obligations), 10 (Intellectual Property), 12 (Disclaimer), 13 (Limitation of Liability), 14 (Indemnification), and 16 (General Provisions) survive termination

15.5. No Refunds

Except as specified in Section 4.8, fees are non-refundable upon termination.

16. General Provisions

16.1. Governing Law

These Terms are governed by the laws of Malaysia, without regard to conflict of law principles.

16.2. Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia.

16.3. Entire Agreement

These Terms, together with our Privacy Policy and any SLA (if applicable), constitute the entire agreement between you and ChatPilot regarding the Service.

16.4. Amendments

We may amend these Terms as described in Section 2.4. Amendments do not apply retroactively.

16.5. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

16.6. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

16.7. Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms without restriction.

16.8. Force Majeure

Neither party is liable for delays or failures due to causes beyond its reasonable control (acts of God, war, terrorism, pandemic, internet outages, government actions, etc.).

16.9. Export Compliance

You agree to comply with all applicable export and import laws and regulations.

16.10. Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.

16.11. Notices

Notices to you may be sent to the email address associated with your Account. Notices to us should be sent to:

ChatPilot
Email: hello@runchatpilot.com

Notices are deemed received when sent by email.

16.12. Language

These Terms are drafted in English. Any translations are for convenience only. In case of conflict, the English version prevails.

16.13. Third-Party Beneficiaries

These Terms do not confer any rights on third parties.

17. Contact Information

If you have questions about these Terms, please contact us:

• Email: hello@runchatpilot.com
• Website: www.runchatpilot.com

18. Acknowledgment

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.