1. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

2. Description of Service

Chatfully provides an omnichannel messaging platform that enables businesses and their teams to communicate with contacts via SMS, MMS, web chat, and social messaging channels. Features include shared team inboxes, contact management, mass messaging campaigns, automation, and AI-assisted conversational workflows.

3. Accounts & Security

When you create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials, including enabling multi-factor authentication where provided. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any losses caused by unauthorized use of your account.

4. Subscriptions and Billing

Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis. Billing cycles are set on a monthly basis. Your subscription will automatically renew at the end of each billing period unless you cancel. You can cancel your subscription at any time in accordance with our Cancellation Policy.

5. Free Trial

Chatfully may, at its sole discretion, offer a free trial for a limited period of time. You may be required to enter billing information to sign up for the free trial. If you do not cancel at least 1 business day before the trial ends, you will be automatically charged the applicable subscription fee.

6. Fee Changes

Chatfully, in its sole discretion and at any time, may modify subscription fees. We will provide you with at least 30 days' notice prior to any change taking effect. Your continued use of the Service after a fee change becomes effective constitutes your agreement to pay the modified fee.

7. Refunds

Except when required by law, paid subscription fees are non-refundable. Certain refund requests for subscriptions may be considered by Chatfully on a case-by-case basis and granted at the sole discretion of Chatfully.

8. Acceptable Use & Telecommunications Compliance

You agree to use the Service in strict compliance with all applicable laws, carrier requirements, and industry guidelines. You expressly agree not to use the Service to:

• Send unsolicited messages, spam, or bulk communications in violation of the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA Guidelines, or Carrier A2P 10DLC regulations;
• Send text messages without having obtained prior express written consent from the recipient, or fail to immediately honor opt-out requests (such as "STOP", "UNSUBSCRIBE");
• Transmit unlawful, fraudulent, defamatory, harassing, obscene, or threatening materials;
• Interfere with, disrupt, or test vulnerabilities of the Service or its underlying infrastructure;
• Attempt to gain unauthorized access to any part of the Service, other accounts, or networks;
• Transmit malicious code, viruses, or harmful components.

9. Data Protection, GDPR & Data Processing Addendum (DPA)

To the extent Chatfully processes Personal Data on your behalf of individuals residing in the European Economic Area (EEA), the United Kingdom, or Switzerland, the parties agree that Customer is the Data Controller and Chatfully is the Data Processor. The terms of Chatfully's Data Processing Addendum (DPA), including the European Commission's Standard Contractual Clauses (SCCs) and UK Addendum, are incorporated by reference into these Terms.

Chatfully participates in and complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce regarding cross-border transfers of personal data.

10. Healthcare Data & HIPAA Compliance

Customer agrees that it shall not use the Service to transmit, store, or process Electronic Protected Health Information (ePHI) subject to the Health Insurance Portability and Accountability Act (HIPAA) unless Customer has subscribed to an eligible healthcare tier and executed a separate, written Business Associate Agreement (BAA) with Chatfully. Absent an executed BAA, Chatfully makes no representation that the Service complies with HIPAA and disclaims all liability related to ePHI processed without authorization.

11. Intellectual Property

The Service, its original content, features, software, APIs, and functionality are and will remain the exclusive property of Chatfully LLC and its licensors. Our trademarks, logos, and trade dress may not be used in connection with any product or service without prior written consent.

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms or engage in prohibited messaging practices. Upon termination, your right to use the Service will cease immediately, and customer data will be deleted in accordance with our Data Policy.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Chatfully LLC, its affiliates, directors, officers, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business interruption, arising out of or related to your use of or inability to use the Service.

14. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

15. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Santa Clara County, California.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. Continued use of the Service after changes constitutes acceptance of the new Terms.

17. Contact Us

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

Chatfully LLC
830 Stewart Dr, Sunnyvale, CA 94085, USA
hello@chatfully.io
+1 (844) 939-2428