Terms And Conditions

1. Acceptance of Terms

Ownchat (hereinafter referred to as "platform"/ "mobile application") is a website and mobile application premised client communication assimilation platform operated and powered by iEYAL SOLUTIONS (hereinafter referred to as "ownchat"/ "we"/ "us"/ "our") which is Located at 80/5, Nethaji Rd, Thiruvarur, Tamil Nadu, India 610001.

This document is a totally legal contract among the registered or unregistered user of the platform and us in regards to the use of the platform and establish forth the terms and conditions by which you might very well access and use the platform and our relevant sites, assistance, apps, product lines, and content.

The terms of this document will be efficient upon your affirmation of the same by clicking on the "I AGREE FOR PRIVACY POLICY & TERMS OF SERVICES" tab or by use of the platform and/or generating a registered account.

To access and utilise this Platform, you must be at least eighteen (18) years old. A minor (someone under the age of 18) is not permitted to use the Platform's Services.

2. Ownchat Services

The Platform provides Users who have registered to Our membership plan with access to and usage of a secure and available virtual, cloud-based software that allows the integration of all client communications in a single platform using the WhatsApp Business API.

Services Provided by Ownchat include:

a) Chatbot

You can build your entity's/digital organisation's assistant by installing the Ownchat WhatsApp Chatbot to deliver automated responses to Your customers' inquiries.

b) Multiple Agents

If Your subscription plan includes WhatsApp workspace, You are entitled to add as many agents as your subscription plan allows.

c) Private Notes

Private notes in a chat and against contacts can be added by authorised personnel.

d) Content Distribution

You can produce text messages, images, videos, location, contact, audio, and other types of content and share them with others.

e) Templates for WhatsApp Messages

Subject to WhatsApp's approval, you can design Your Own customised WhatsApp Message Templates. WhatsApp has transitioned to conversation-based pricing.

3. Sign-Up and Account Registration Process

If you want to use Ownchat Services, you must first sign up by completing the following steps:

• Contact Us via the Platform's website (https://ownchat.app) and supply Your work email and active mobile number
• After OTP confirmation, access our Sandbox account to test Ownchat Services capabilities
• Provide information about Your organisation including name, registered address, purpose, website, and business classification
• Apply for WhatsApp Business API through the Ownchat portal with assisted enrollment
• Complete the Ownchat Onboarding Guide with business incorporation documents and details
• Agree to these Terms of Use and WhatsApp Business terms and conditions
• Upon WhatsApp approval, receive OTP and signup link to create your Account

4. Account Registration and Maintenance

You will need to create an Account on the Platform by signing up with required information. As the Account's creator, You warrant that You are the properly authorised representative of the entity named in the Account.

Password & Security

You should keep Your Login Credentials confidential and not divulge them to anyone. If You feel there has been a security breach, You must contact Us immediately.

Communication with Third Party

You hereby consent to Us using Your email address to send notifications about important service announcements and marketing communications.

Termination of Platform Access

We retain the right to disable Your Account if:

• You do not comply with these Terms of Use and/or WhatsApp Business Policies
• Actions on Your Account would cause damage to Us or the Platform
• You violate any third-party rights or applicable laws
• You have engaged in inappropriate conduct

You can cancel Your Account at any time by sending an email to support@ownchat.app.

5. Subscription Plan

To use the ownchat Services, select an appropriate plan from https://ownchat.app/pricing and agree to pay the applicable Subscription Fee.

Payment Terms:

• Payment due within seven (7) days of billing date
• Automatic renewal unless cancelled 30 days prior to expiration
• Subscription Fees are non-refundable except as expressly specified
• Payment accepted via RazorPay (Credit Cards, Debit Cards, Internet Banking, UPI)

Downgrades and Upgrades

You can switch between Subscription Plans at any time. When upgrading, new fees are charged pro-rated immediately. No refunds for downgrades or unused months.

6. WhatsApp Business API

The User acknowledges that Ownchat has collaborated with WhatsApp Business Service Providers to deliver Services via the Platform.

WhatsApp Policies:

• WhatsApp Business Policy
• WhatsApp Business API
• WhatsApp Commerce Policy
• WhatsApp Rate Limits

Message Template for WhatsApp:

• WhatsApp can change allowed message types and policies at any time
• You may only initiate chats using approved WhatsApp Message Templates
• Templates must adhere to WhatsApp's guidelines
• WhatsApp reserves the right to review, approve, or reject any template
• You agree to accept variable WhatsApp Message Template fees

7. Service Access and Use on the Platform

You are not permitted to use the Platform or its Services to host, display, upload, or share any information that:

• Belongs to someone else without authority
• Is defamatory, obscene, pornographic, or harassing
• Is harmful to children
• Violates any patent, trademark, copyright, or intellectual property rights
• Violates any law currently in effect
• Deceives or misleads the addressee
• Impersonates someone else
• Threatens India's unity, integrity, defence, or security
• Contains computer viruses or malicious code
• Is false and untrue with intent to deceive or cause harm

You agree not to:

• Upload software viruses or harmful code
• Interrupt the normal flow of discussion or service
• Interfere with or destabilize the Platform or servers
• Violate any applicable laws or regulations
• Create unauthorized copies or reverse engineer the Services
• Use the Services for commercial purposes without approval
• Impersonate another person or create false identities
• Sell advertising or promotions without permission

8. Protection of Personal Data

Our responsibility to utilise Personal Data will be limited to the purpose for which such Personal Data was collected.

We agree to:

• Not divulge or use Your Registration Data for any reason other than carrying out Our duties
• Not share Your Personal Data to any third party without Your prior written approval
• Employ technical, administrative and physical safeguards to prevent unauthorized use
• Immediately inform You of any theft or unauthorized disclosure of Your data

9. Rights to Intellectual Property and Platform License

The copyright and intellectual property rights in the Platform, products, and Services belong to Us or Our affiliates or licensors.

• We offer You a limited, non-exclusive, reversible, royalty-free license to use the Platform
• You may not re-use Our Platform's Services or systematically extract material
• "Ownchat" and "ieyalsolutions" are trademarks or registered trademarks
• You may not use any trademarks without express written permission

10. Warranties and Representations

You represent and warrant the following:

• You are capable and competent to enter into this Terms of Use
• You shall not use Services beyond their intended functionality
• You will not attempt to gain unauthorized access to any Services or systems
• You will not use Services in any way that could harm or impair them
• You will not use Services for illegal conduct or copyright infringement
• You will promptly report when Your number appears on TRAI Do Not Disturb List
• You acknowledge that calls/messages from Us are not unsolicited

11. Confidentiality

Each Party understands that in carrying out these Terms of Service, it may have access to Confidential Information of the other Party.

Each Party agrees:

• All Confidential Information shall remain the exclusive property of the Disclosing Party
• Not to utilize the other Party's Confidential Information for any purpose other than performance of the Agreement
• Not to reveal Confidential Information to third parties except on a need-to-know basis
• To return or destroy all Confidential Information upon termination

Confidential Information shall not include:

• Information that is or becomes part of the public domain
• Information possessed by the Recipient prior to signing up
• Information disclosed by a third party under no confidentiality obligation
• Information required to be submitted by law or court order

12. Warranties Are Disclaimed

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, CURRENTNESS, COMPREHENSIVENESS, OR RELIABILITY OF ANY RESOURCES OFFERED THROUGH THE PLATFORM.

WE DO NOT GUARANTEE THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

13. Liability Limitations

WE WILL NOT BE LIABLE TO YOU FOR:

• Any loss in revenue, business deficit, or loss of goodwill
• Business disruption or loss of business potential
• Damage that could have been prevented by following Our advice
• Any mobile charges associated with Your use of Our Service

14. Indemnity

YOU AGREE TO INDEMNIFY, PROTECT, AND HOLD HARMLESS US, OUR ASSOCIATES, LICENSORS, DISTRIBUTORS, AGENTS, AND AUTHORIZED USERS FROM ANY AND ALL DAMAGES, IMPACTS, OBLIGATIONS, AND COSTS ARISING FROM YOUR USE OF THE PLATFORM.

Nothing in these Terms of Use shall exclude or limit Our liability for any liability that cannot be excluded under India's applicable laws.

15. Frequently Asked Questions (FAQ)

We publish Frequently Asked Questions (FAQ) on the Platform addressing common questions You may have while accessing the Platform and using Our Services.

16. Grievance Redressal Mechanism

Any complaints, abuse, or concerns regarding the use, processing, and disclosure of Information, or any violation of these Terms of Use, shall be immediately reported to the authorised Grievance Officer.

Contact: support@ownchat.app

17. Force Majeure

We shall be relieved of all obligations in the event of failure to perform caused by unforeseen circumstances beyond our control, including:

• Acts of God, war, or natural disasters
• Hardware and equipment problems
• Electrical power failures
• Strikes, labor issues, or riots
• Epidemics, pandemics, or lockdowns
• Orders of courts or tribunals
• Failure of third parties to execute

18. General

Notices

All notices must be sent to Us through email or to You at the email or postal address you supply.

Entire Agreement

This Terms of Use, together with Our Privacy Policies, comprise the parties' entire agreement with respect to the subject matter.

Relationship

You confirm that You do not have a relationship with Us as an employee, contractor, agent, or partner. We are simply providing You with the Services based on your request.

Governing Law

These Terms of Use shall be governed and construed in accordance with Indian Law. You agree that the courts of Chennai, Tamil Nadu, will have exclusive jurisdiction over any dispute.