get.chat’s terms of service govern your access to and use of the website, inbox solution, and the white label and enterprise solutions. By placing this “Order”, the Client requests to use the WhatsApp Business Solution services (as further specified below, hereinafter the “Services”) provided by get.chat Sp. z o.o. Zarajec Potocki 31, 23-313 Potok Wielki, Poland acting as an authorized “Solution Provider” (hereinafter “get.chat”). The “Services” means all services provided by get.chat in connection with the setting up, the technical integration of WhatsApp Business Account (“WABA(s)”) and the ongoing administration of WABA based Inbox solution (“Inbox(es)”). (“WhatsApp” shall mean WhatsApp Inc. and/or any of its affiliated parties within the Meta group which provides any services that part of the WhatsApp Business Solution).This Order including its annexes shall be referred to as the “Agreement”. By placing this Order, Customer authorizes get.chat to request Client WABA(s) from Business Service Provider(s) (“BSP(s)”) and to administrate the Inbox(es) on behalf of Client. This shall include the passing on of information between WhatsApp and Customer for the purposes of this Agreement.
- Mobile application
1. Scope of Services
1.1. get.chat grants Customer the right to use get.chat’s Services for the purposes of this Agreement.
1.2. get.chat has no influence over the WhatsApp network and the services provided by WhatsApp. Therefore, get.chat assumes no liability regarding the operations, availability, and available features of the WhatsApp Network and the WhatsApp Business Services.
2. Prices and Billing
2.1. Price and payment conditions are set forth in get.chat price list. Unless otherwise indicated, prices are listed excluding VAT.
2.2. get.chat reserves the right to adjust the prices to cover increased or decreased staff costs and other operational costs, if reasonable not more than once per year. Such increases will be announced with at least six-weeks’ notice in writing or text form. If Customer does not agree with a fee adjustment, Customer may terminate the Agreement to the day of the increased prices becoming effective.
3. Use of the Services; Limitations; Prohibited Use
3.1. Customer’s access to the get.chat API and the WhatsApp APIs is limited to the ways described in the applicable API documentation. This includes to always use the client IDs that were assigned to Customer (as well as any other assigned developer credentials), and to never mask identity. Developer credentials (such as passwords, access keys, and client IDs) are intended to be used only by Customer. It is Customer’s responsibility to keep credentials confidential and to make reasonable efforts to prevent other API clients from using Customer’s credentials. Developer credentials may not be embedded in open source projects
3.2. Customer agrees to, and will not attempt to circumvent, the limitations documented. Any use of the Services beyond these limits will be subject to a prior and separate agreement with get.chat.
3.3. Customer must not modify the Services in any way, particularly, without limitation, Customer must not reverse engineer, adapt, decompile, disassemble, or otherwise attempt to access or discover the source code of the get.chat API.
3.4. Customer particularly acknowledges and agrees to comply with the following requirements of WhatsApp (whereas the term “Company” refers to Customer, and “we” refers to WhatsApp): “Our Business Services are not intended for distribution to or use in any country where such distribution or use would violate local law.
We reserve the right to limit our Business Services in any country at any time. Company will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). Company will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Business Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to any individual or entity, or anyone owned or controlled by any individual or entity, on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications, without the required government authorizations.
Company will not use or download our Business Services: (i) if it is located, or owned or controlled by anyone located, in a restricted country; (ii) if it is currently listed, or owned or controlled by anyone listed, on any U.S. or non-U.S. restricted parties list; (iii) for the benefit or on behalf of a restricted country or anyone listed on any U.S. or non-U.S. restricted parties list; or (iv) for any purpose prohibited by Export Laws. Company will not disguise its location through IP proxying or other methods.”
3.5. get.chat provides with every get.chat API account access and login credentials to the get.chat Inbox to administrate all WhatsApp and get.chat API messages
3.6. get.chat may make available or provide to Customer updated versions of Services. Customer agrees to integrate and apply the then current version of the Services. get.chat shall not be responsible for any issues that are caused by use of outdated versions of the Services
3.7. get.chat reserves the right to monitor compliance with the Terms. Customer agrees not to interfere with such monitoring.
3.8. Some of the software required by or included in the get.chat API may be offered under an open-source license. Open-source software licenses constitute separate written agreements. To the limited extent the open-source software license expressly supersedes these Terms, the terms of the open-source license sets forth Customer’s agreement with get.chat for the use of the applicable open source software.
4.1. All texts, music, videos, images, software, and other media (“Content”) that may be transmitted through the get.chat API is the sole responsibility of the party making it available. Before using such Content, it is Customer’s responsibility to secure sufficient rights. get.chat does not act as a licensor of such Content unless expressly agreed otherwise in writing as part of a separate agreement.
4.2. Likewise, Customer is responsible for all Content that Customer transmits using the Services. Customer grants get.chat the irrevocable, royalty-free right to use the Content limited to the purpose of performing under this Agreement.
5. Technical Integration and Data Processing
5.1. get.chat only processes but does not store or back up data after the data was handed over through the get.chat API. get.chat cannot be held responsible for any loss of data due to Customer’s failure to receive, store or backup the data.
5.2. Customer will always have in effect and maintain administrative, physical and technical safeguards that: (i) meet or exceed industry standards given sensitivity of user data, (ii) are compliant with applicable Law (including data security and privacy laws, rules and regulations), and (iii) are designed to prevent any unauthorized access, use (including any use in violation of this Agreement), processing, storage, destruction, loss, alteration or disclosure of user data (each, an “Unauthorized Data Use).
Following the discovery of any suspected or actual Unauthorized Data Use, Customer will: immediately notify get.chat of such incident, and promptly take appropriate actions in compliance with applicable laws to address and remedy such incident (including notifying the affected users in compliance with applicable laws and taking any other actions reasonably requested by get.chat or WhatsApp). Such notice must describe the nature of the Unauthorized Data Use, when the Unauthorized Data Use occurred, the effect on us and/or our users, and Customer’s corrective action to respond to the Unauthorized Data Use. Customer acknowledges and agrees that all information provided will be shared with WhatsApp, and Customer expressly approves of such data sharing
5.3. If, under any circumstances, personal data would be provided by for the purpose of processing to get.chat, then get.chat will act as a data processor. Such processing of personal data will be subject of a separate data processing agreement between the data controller and get.chat (the “DPA”).
5.4. Data transmissions via the internet cannot entirely be protected from access by third parties. While get.chat does apply industry standard measures to safeguard data, get.chat does not assume any liability for access by third parties outside the control of get.chat
6. Agreement with Partner
In case Customer uses services of a third-party system integrator or independent software vendor or provider of messaging services (“Partner”), Customer agrees and acknowledges that get.chat will have to conclude a separate contractual relationship with such Partner. Customer agrees and acknowledges that get.chat may decide to terminate such contractual relationship with Partner in cases of breach of such agreement by Partner.
get.chat shall inform Customer of such termination. In such case Customer will have to migrate to another Partner and transfer necessary data (API-keys) to such new Partner or re-migrate the messaging services in-house. Should Customer not be willing or able to do so, this Agreement shall be subject to termination by get.chat effective to the effective date of the termination of the contract with Partner.
7. Terms of service and Termination
7.1. This Agreement is effective from the date the Parties concluded the Agreement (“Effective Date”). Either Party may terminate this Agreement with thirty (30) days’ notice to the end of a month.
7.2. This Agreement shall supersede all previous contractual relationships of similar nature between Partner and get.chat and only this Agreement applies
8. Limitation of Liability
8.1. The liability of get.chat is unlimited in cases of damages
(1) resulting in a loss of life, bodily injury, or bodily harm due to a breach of duty by get.chat, a legal representative, or agent;
(2) caused by the absence of any condition guaranteed; or
(3) caused intentionally or through gross negligence.
8.2. In cases of slight negligence, get.chat shall only be liable if a Material Obligation (as defined below) was breached. “Material Obligations” means all obligations (a) whose fulfillment is essential to the proper implementation of the agreement and (b) on the fulfillment of which a contractual party is regularly able to rely. In such cases, the liability of get.chat shall be limited to foreseeable damages that can typically be expected to occur within the scope of the contractually agreed services.
8.3. The liability of get.chat for loss of data shall be limited to those costs and efforts that a party would typically incur in connection with the recovery of the data when having regularly and reasonably created backups of its data
8.4. In cases of Force Majeure, i.e. events beyond a party’s reasonable control which a party cannot overcome by the exercise of reasonable diligence, the Agreement including the affected Fees will be suspended to the extent they are affected. This shall particularly apply to fires, explosions, floods, war, mutinies, blockades, embargos, and labor disputes. The hindered party will inform the other party accordingly without any
8.5. In the event of property or financial damages due to slight negligence, get.chat’s maximum liability under this Agreement shall be equal to the value of all Fees paid to get.chat in the three (3) months preceding the claim.
Customer will defend and indemnify get.chat, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
(1)Customer’s misuse of the get.chat APIs;
(2)Customer’s violation of the Terms; and
(3)any Content or data routed into or used with the get.chat API by Customer or those acting on Customer’s behalf;
(4)infringement of any rights of any third party and/or applicable laws and regulations
10.1. get.chat may at any time transfer this Agreement to any affiliated company by notifying Customer in writing 10 (ten) business days prior to the date of such transfer
10.2. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Poland with the UN Convention on Contracts for the International Sale of Goods and conflicts-of-laws rules being excluded
10.3. The place of performance and venue is Zarajec Potocki, Poland. However, get.chat reserves the right to use any other legally admissible venue.
10.4. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to applicable laws, then the remaining provisions of this Agreement, if capable of substantial performance, shall remain in full force and effect.
Terms & Conditions
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to get.chat.
get.chat is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The get.chat Inbox app stores and processes personal data that you have provided to us, to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the get.chat Inbox app won’t work properly or at all.
The app does use third-party services that declare their Terms and Conditions.
Link to Terms and Conditions of third-party service providers used by the app
You should be aware that there are certain things that get.chat will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but get.chat cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, get.chat cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, get.chat cannot accept responsibility.
With respect to get.chat’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. get.chat accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for the both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. get.chat does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2022-08-08
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at firstname.lastname@example.org.