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Terms of Service

Last updated: January 28, 2025

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the ZapChat service operated by VMF Solutions LLC dba ZapChat ("ZapChat," "we," "us," or "our"). By accessing or using our service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the service.

2. Description of Service

ZapChat provides a platform for creating and deploying AI-powered WhatsApp bots. The service includes:

  • Bot creation and configuration tools
  • Knowledge base management (PDFs, websites, Q&A)
  • WhatsApp Business API integration
  • Conversation analytics and management

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our service.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use

4. Acceptable Use Policy

4.1 Prohibited Uses

You may NOT use ZapChat to:

  • Engage in any illegal activities or promote illegal content
  • Create bots for illegal industries
  • Send spam or unsolicited messages
  • Harass, abuse, or harm others
  • Violate WhatsApp's terms of service or policies
  • Attempt to gain unauthorized access to our systems
  • Use the service for any fraudulent or deceptive purposes

4.2 Bot Content Responsibility

You are solely responsible for:

  • All content your bots generate or process
  • Ensuring your bots comply with applicable laws
  • Reviewing and monitoring your bot's responses
  • Any consequences arising from your bot's interactions

5. Intellectual Property Rights

5.1 Your Content

  • You retain all rights to the bots you create
  • You own all knowledge sources you upload
  • You grant us a limited license to use your content solely to provide the service

5.2 Our Property

ZapChat retains all rights to:

  • The ZapChat platform and software
  • Our trademarks, logos, and branding
  • Any improvements or modifications to the service

5.3 Showcase Rights

We will not showcase your bots or use them as examples without your explicit written consent.

6. Payment Terms

6.1 Pricing

Pricing information will be made available when we launch. Current users are on a waitlist basis.

6.2 Refunds

No refunds are provided. Upon cancellation, your account remains active until the end of the current billing period.

6.3 Taxes

You are responsible for any applicable taxes related to your use of the service.

7. Service Availability and Support

7.1 No Uptime Guarantee

While we strive for high availability, we do not guarantee any specific uptime percentage.

7.2 Modifications

We reserve the right to modify or discontinue the service at any time with reasonable notice.

7.3 Support

Support is provided via email at help@zapchat.dev.

8. Privacy and Data Protection

Your use of our service is also governed by our Privacy Policy. By using ZapChat, you consent to our collection and use of your information as outlined in the Privacy Policy.

9. Disclaimers and Limitations of Liability

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Bot Accuracy

We do not guarantee the accuracy, completeness, or usefulness of any bot responses. Users are responsible for reviewing their bot's outputs.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPCHAT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10. Indemnification

You agree to indemnify and hold harmless ZapChat and its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

  • Your use of the service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content generated by your bots

11. Termination

11.1 Termination by You

You may terminate your account at any time. Upon termination:

  • Your account remains active until the end of the billing period
  • No refunds will be provided
  • Your data will be retained for 2 years unless you request immediate deletion

11.2 Termination by Us

We may terminate or suspend your account immediately for:

  • Violation of these Terms
  • Illegal or harmful activities
  • Non-payment (when pricing is implemented)

12. Governing Law and Disputes

12.1 Governing Law

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

12.2 Jurisdiction

Any disputes arising from these Terms shall be resolved exclusively in the courts located in New York County, New York.

12.3 No Arbitration

Disputes will be resolved through court proceedings, not arbitration.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the service. Continued use after changes constitutes acceptance of the new Terms.

14. Miscellaneous

14.1 Entire Agreement

These Terms constitute the entire agreement between you and ZapChat regarding the service.

14.2 Severability

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

14.3 No Waiver

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

14.4 Assignment

You may not assign your rights under these Terms without our written consent.

15. Contact Information

For questions about these Terms, please contact us at:

VMF Solutions LLC dba ZapChat

110 E 25th St

New York, NY 10010

Email: help@zapchat.dev