These Terms of Service (the “Terms”) form a binding agreement between you and SocialChat, Inc. (“SocialChat,” “we,” “us,” or “our”) and govern your access to and use of trysocialchat.com, our chat-automation platform, and related services (together, the “Services”). Please read them carefully.
1. Acceptance of Terms
By creating an account, accessing, or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you are using the Services on behalf of a business or other organization, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree to these Terms, do not use the Services.
2. Description of the Services
SocialChat provides tools to build and run automated conversations across messaging channels such as Instagram, Facebook Messenger, WhatsApp, Telegram, SMS, and email. The Services include a visual flow builder, broadcasts, sequences, contact management, and related features that may change, expand, or be discontinued over time.
3. Eligibility & Accounts
You must be at least 16 years old to use the Services. You agree to provide accurate and complete registration information and to keep it current. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly at legal@trysocialchat.com if you suspect unauthorized use.
4. Subscriptions, Fees & Billing
Paid plans are billed in advance on the cadence shown at checkout. Our monthly plan is billed at $19 per month and renews automatically until cancelled; our lifetime plan is a one-time payment of $297 that grants continued access without recurring fees, subject to these Terms.
Recurring subscriptions renew automatically unless you cancel before the renewal date. Fees are exclusive of taxes, which you are responsible for where applicable. Except where required by law or expressly stated, payments are non-refundable. We may change our prices with reasonable advance notice, and changes take effect on your next billing cycle.
5. Acceptable Use
You agree not to use the Services to:
- Send spam or unsolicited messages, or message people without the consent required by applicable law;
- Violate anti-spam and messaging laws and regulations (such as CAN-SPAM, TCPA, GDPR, and similar rules in your jurisdiction);
- Distribute unlawful, deceptive, harassing, infringing, or harmful content;
- Abuse, overload, or attempt to gain unauthorized access to the Services or any connected messaging platform; or
- Reverse engineer, resell, or misuse the Services in violation of these Terms.
You are solely responsible for ensuring your automations and campaigns comply with all applicable laws and platform rules.
6. Third-Party Platforms
The Services connect to third-party platforms, including those operated by Meta (Instagram and Facebook), WhatsApp, and Telegram. Your use of those platforms through SocialChat is also subject to their respective terms and policies, and you agree to comply with them. We are not responsible for changes a platform makes to its APIs, features, or policies that affect the Services. SocialChat is an independent product and is not endorsed by, affiliated with, or sponsored by Meta or any other platform.
7. Your Content & Responsibility
You retain ownership of the content, flows, messages, and contact data you provide or generate through the Services (“Customer Content”). You grant SocialChat a limited, worldwide, non-exclusive license to host, process, and transmit Customer Content solely to operate and improve the Services for you.
You represent that you have obtained all necessary rights and consents from the people you message and that your use of Customer Content does not violate any law or third-party right.
8. Intellectual Property
The Services, including all software, design, text, and trademarks (excluding Customer Content), are owned by SocialChat or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-transferable right to use the Services in accordance with these Terms. No other rights are granted by implication.
9. Privacy
Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have reviewed it.
10. Termination & Suspension
You may stop using the Services and close your account at any time. We may suspend or terminate your access if you breach these Terms, create risk or legal exposure for us, or fail to pay fees when due. Upon termination, your right to use the Services ends, and we may delete Customer Content in accordance with our retention practices. Sections that by their nature should survive termination will survive.
11. Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any third-party platform will remain available.
12. Limitation of Liability
To the maximum extent permitted by law, SocialChat will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total liability arising out of or relating to the Services will not exceed the greater of the amounts you paid us in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars ($100).
13. Indemnification
You agree to indemnify and hold harmless SocialChat and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Customer Content, your use of the Services, or your violation of these Terms or applicable law.
14. Governing Law & Disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Before filing a formal claim, you agree to first contact us to seek an informal resolution. Any dispute that cannot be resolved informally will be handled through binding arbitration or in the courts located in Delaware, to the extent permitted by applicable law.
15. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will revise the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Services after an update means you accept the revised Terms.
16. Contact Us
Questions about these Terms? Reach us at legal@trysocialchat.com or visit trysocialchat.com.