Terms of Service

Last updated: November 29, 2024

Welcome to SellyChat. These Terms of Service ("Terms") govern your use of the SellyChat platform and services provided by PT. Nicecoder Solusi Digital ("Company", "we", "our", or "us").

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.

1. Definitions

• "Service" refers to the SellyChat platform, including our website (sellychat.com), APIs, chat widgets, and related services.
• "User" refers to any individual or entity that creates an account or uses our Service.
• "Customer" refers to end users who interact with chatbots created through our Service.
• "Content" refers to any data, text, files, or information uploaded to or generated through the Service.

2. Account Registration

2.1 Account Creation

To use our Service, you must:

• Be at least 18 years old
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account

2.2 Account Security

You are responsible for maintaining the confidentiality of your account and password. You must notify us immediately of any unauthorized access or security breach.

3. Acceptable Use

3.1 Permitted Use

You may use our Service to:

• Create and deploy AI-powered chatbots for your business
• Integrate with supported platforms (WhatsApp, Shopify, etc.)
• Upload and manage knowledge base content for chatbot training
• Monitor and analyze chatbot performance

3.2 Prohibited Use

You agree NOT to use our Service to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in harassment
• Distribute malware, viruses, or other harmful content
• Impersonate others or misrepresent your affiliation
• Attempt to gain unauthorized access to our systems
• Scrape, mine, or extract data from our Service
• Use the Service for illegal, fraudulent, or deceptive purposes
• Create chatbots that promote hate speech, violence, or discrimination
• Process sensitive personal data without proper consent
• Resell or redistribute our Service without authorization

4. User Content

4.1 Ownership

You retain ownership of all Content you upload to our Service. By uploading Content, you grant us a license to use, process, and store it as necessary to provide our Service.

4.2 Responsibility

You are solely responsible for:

• The accuracy and legality of your Content
• Obtaining necessary rights and permissions for your Content
• Ensuring your Content does not violate third-party rights
• The conversations and responses generated by your chatbots

4.3 Content Removal

We reserve the right to remove any Content that violates these Terms or is otherwise objectionable, without prior notice.

5. Payment Terms

5.1 Subscription Plans

Our Service is offered through various subscription plans as described on our pricing page. Prices are subject to change with reasonable notice.

5.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method automatically
• Failed payments may result in service suspension

5.3 Overage Charges

If you exceed your plan limits, additional usage will be charged at the rates specified in your plan or our pricing page.

5.4 Taxes

Prices do not include applicable taxes. You are responsible for all taxes associated with your use of the Service.

6. Intellectual Property

6.1 Our Property

The Service, including its original content, features, and functionality, is owned by PT. Nicecoder Solusi Digital and is protected by international copyright, trademark, and other intellectual property laws.

6.2 Trademarks

"SellyChat" and related logos are trademarks of PT. Nicecoder Solusi Digital. You may not use our trademarks without prior written consent.

6.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

7. Third-Party Services

Our Service integrates with third-party platforms and services. Your use of these integrations is subject to the respective third party's terms:

• WhatsApp Business API - Meta's Terms of Service
• Shopify - Shopify's Terms of Service
• AI Providers (Google Gemini, OpenAI) - Respective Terms of Service

8. Service Availability

8.1 Uptime

We strive to maintain high service availability but do not guarantee uninterrupted access. We may perform maintenance that temporarily affects availability.

8.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for significant changes.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PT. NICECODER SOLUSI DIGITAL SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to your account
• The conduct or content of any third party on the Service
• Any content obtained from the Service

Our total liability shall not exceed the amount paid by you to us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless PT. Nicecoder Solusi Digital, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or chatbot interactions

11. Termination

11.1 By You

You may terminate your account at any time through your account settings or by contacting us. No refunds will be provided for unused subscription periods.

11.2 By Us

We may suspend or terminate your account immediately, without prior notice, if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Fail to pay applicable fees
• Pose a security risk to the Service or other users

11.3 Effect of Termination

Upon termination:

• Your access to the Service will be revoked
• Your Content may be deleted after a grace period
• Provisions that should survive termination will remain in effect

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Indonesia.

12.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through:

1. Good faith negotiation between the parties
2. If negotiation fails, through binding arbitration in accordance with Indonesian arbitration law

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service.

13.2 Severability

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

13.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign your rights or obligations under these Terms without our consent. We may assign our rights and obligations without restriction.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Sending an email notification
• Displaying a notice in the Service

Continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Contact Information

For questions about these Terms, please contact us:

• Email: support@sellychat.com
• Company: PT. Nicecoder Solusi Digital
• Country: Indonesia