Terms and Conditions

TERMS OF USE

The Promptchat website contains a platform and associated applications which, among others, contain online communication management systems, using innovative technology to create chat communication, report and manage user's feedback and other related information.

Through the website, platform and applications available on it (the "Site Applications"), Promptchat's clients (the "Clients") can obtain a License (as defined below) for the use of Promptchat's Services, through which their users (website users or other kind of users) can chat live, report and deliver their feedback regarding particular websites.

Please read the following Terms of Use (the "Terms of Use") carefully before using the applicable Promptchat Operator Applications available for download on the website, so that you are aware of your legal rights and obligations with respect to Promptchat Inc. and its affiliates and subsidiaries (individually and collectively, "Promptchat").

By using Promptchat applications you signify your irrevocable acceptance of these Terms of Use. Promptchat has the right to revise the Terms of Use at any time without providing notice thereof. Your continued use of the website and/or any of the Promptchat applications shall be deemed irrevocable acceptance of those revisions. Subject to the terms of your license, Promptchat reserves the right to change, modify, suspend or discontinue any portion of the website and/or the Services at any time and Promptchat may also impose limits on certain features or restrict your access to parts or the entire website without notice or liability.

If you do not agree to any such updates, your sole remedy shall be to discontinue the use of the Services. It is your responsibility to regularly check the website to determine if there have been changes to these Terms of Use and to review such changes.

THE LICENSE AND SERVICE

In order to have access to any of the Promptchat Applications you will be required to register with Promptchat and choose the website applications you wish to use. As a client of Promptchat, your use of our website applications, as chosen by you, from time to time, constitutes a personal, non- transferable, non- assignable, limited and temporary license, as defined upon your registration and subject to the terms and conditions specified therein and herein (the "License").

Certain of the Licenses are provided free of charge and certain of the Licenses are provided subject to payment of fees and certain or all of Licenses which are provided free of charge may become subject to payment of fees.

All entities interested in obtaining a License from Promptchat, will be required, upon registration, to provide certain information in order to satisfy Promptchat that they are in fact authorized to represent and bind the entity with respect to the Services rendered by Promptchat. In the event Promptchat concludes that there is no authorization to bind the entity, then Promptchat shall not permit such entity to gain access to it's Licenses and/or services on behalf of such entity. You may elect to change your account from free account to paying account, or vise versa, or change your payment method, according to Promptchat's offered plans, by electronic means through the website.

The amended amounts payable to us and/or the amended payment methods shall apply in accordance with the payment provisions specified in the notice of change and these Terms of Use shall continue to govern your account after such change. We reserve the right to change from time to time the prices rendered for our Licenses and/or services. Notice of such changes shall be sent to you stating the new prices applicable to the services rendered to you. Unless you notify Promptchat, immediately upon receipt of the above notice, you will be charged thereon with the new prices so published, without the right to reclaim thereafter any repayments, unless you have paid for an agreed upon period in advance, which in such case the new prices will apply upon termination of such period. You represent and warrant to Promptchat that You shall solely be responsible for acquiring all proper license and permits and bear any payment (if necessary) related to the use of such third parties' proprietary technology (including, but not limited to, the payment of royalties). You shall indemnify defend or settle (at its option) and hold harmless Promptchat from and against any losses, expenses (including reasonable attorney's fees), damages and claims that arise out of or result from any and all third party claims caused by your breach of the above obligation.

WARRANTIES AND DISCLAIMERS

As a Promptchat client, you understand that all the feedback information gathered is obtained from your users using parts of the Promptchat system, and is not directly obtained from you. Promptchat shall not be responsible to any of the information gathered, or to any proposed fixes included in the information provided to you. Except as expressly provided otherwise in a written agreement between you and Promptchat, the website, the Promptchat applications, the Licenses and any materials included therein are provided "as is" and without warranties of any kind, either express or implied.

To the fullest extent permissible pursuant to applicable law, Promptchat disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

Without limiting the foregoing, Promptchat does not warrant that the functions used by you, will be uninterrupted or error-free, that defects will be corrected, or that the server that makes it available are free of viruses or other harmful components. Promptchat does not warrant or make any representations regarding the use of the information through the License in terms of their correctness, accuracy, reliability, or otherwise.

You (and not Promptchat) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Under no circumstances, including, but not limited to, negligence, shall Promptchat be liable for any special or consequential damages that result from the use of, or the inability to use, the Software, the services provided through the Licenses, the website, the Promptchat Applications, or any other web site, even if Promptchat or a Promptchat authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No advice or information, whether written or oral, obtained by you from Promptchat or from or through the website or the Promptchat Application shall create any warranty not expressly stated in the Terms of Use.

Not withstanding the provisions of any applicable laws, it is hereby agreed that in no event shall Promptchat's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, in respect to the services provided to you by Promptchat.

ACCOUNTS AND SECURITY

Promptchat utilizes some of the most advanced technology for Internet security available today.

When you access certain non public components of our website using Firefox 2.0 or higher or Microsoft Internet Explorer versions 6.0 or higher, you may, in consideration for applicable consideration, use Secure Socket Layer (SSL) technology, in order to protect your information using both server authentication and data encryption, ensuring that your data is safe, secure, and available only to registered Users in your organization.

Promptchat will use all possible means available to it to ensure that your data will be completely inaccessible to your competitors. For security purposes, Promptchat provides both a private password and login specifications for each of your operators. In addition, Promptchat is hosted in a secure server environment that uses a firewall, proprietary encryption technology and other advanced technology to prevent interference or access from outside intruders.

Promptchat does not warrant that the functions contained in the service provided by the website and/or any of the Promptchat applications will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components. As part of the registration process, you may be asked to provide Promptchat with personal information in order to set up an account. You undertake to provide Promptchat with accurate, complete, and updated information.

Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. You shall notify Promptchat of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Promptchat's sole discretion, and you may be reported to appropriate law-enforcement agencies.