Terms of Service
The present document “Terms of Service for the 13Chats Service” (hereinafter referred to as “Terms”) consists of terms governing the relationship between 13Chats Inc. (hereinafter referred to as “13Chats service”, “13Chats”, or “the Service”) and the customer of the service (hereinafter “customer”, “user”, “you”, or “member”).
1. Basic provisions
13Chats, Inc. provides the user with services from 13Chats according to the terms set out in the present document.
By accessing or using 13Chats in any way you agree to and accept all of these Terms (on behalf of yourself or the entity that you represent), and these Terms will remain in effect at all times while you use the Service or any data obtained through the Service. By accessing or using the Service in any way you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You represent and warrant that you are of legal age to form a binding contract (or if not, you have received your parent or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). In the event that you do not consent to any of the terms, the administration is entitled to deny you use of 13Chats.
1.1. Services provided
13Chats provides the user access to specialized services, including a service for chatbot campaigns.
The user has access to the following actions and documents:
- Account registration for the chosen service with the possibility of changing the billing plan or deleting the account if necessary.
- The right to technical support.
- The possibility of ordering additional services at an additional charge.
- Guarantee that the user’s personal information, as well as data in mailing lists uploaded to the customer account, is kept confidential.
1.2. User registration
By “account,” the user’s account on their personal Dashboard on 13 chats is meant. Registration is carried out on the official website at https://my.13Chats.com/login.
During registration, the user fills in the required fields with personal information (name, email address, telephone number) and specifies a password that the user will subsequently use for entering their account. The user is not permitted to give their username and password to a third party. The user bears full responsibility for the safety of their username and password.
The user is obligated to provide valid information during the registration process: customers who provide invalid contact information will be unable to use the service. 13Chats employees have the right to demand that a client confirm their personal information in order to determine its validity.
Attention! It is strictly forbidden to register multiple free accounts. One free account will suffice in allowing you to evaluate the Service’s features.
1.3. Payment for services
After going through the registration process, every 13Chats customer automatically becomes a user of the free plan provided by the Service. You can remain a user of the free plan if you accept the conditions and the limited service features.
The Service provides a set of paid plans. The user has the right and ability to change their paid plan to another, more convenient plan at any time. All operations for changing paid plans (or paying for the plan) are carried out by the customer in their account.
The payment of any billing plan or additional service shall take the form of 100% prepayment. The payment procedure is as follows:
The user makes their order on the official website of 13chtas or in their account on the Service (Dashboard).
The administration of the Service will send the user a bill for payment. In the event that the user does not pay the bill within the designated period, it may be canceled.
Payment must be made solely through one of the means specified by 13Chats.
After payment, the funds will appear in the user’s account within 30 minutes (for electronic payments) or within 3 business days in the case of an invoice for legal persons or bank transfer for natural persons”. If payment has been made for additional services, these too will be available to the user after receipt of payment.
Within 30 (thirty) days of the moment that you pay for the service, you have the right to request that 13Chats refund any remaining funds that have not been spent on the use of the service within the given period. When making such a request, you must provide a valid reason for a refund of these funds.
If you pay for any monthly subscription, the automatic renewal of the subscription is activated. A user can disable it on their own in their personal account.
2. The user’s account
2.1. Account creation
After going through the registration process (section 1.2), an account is automatically created for the user. All actions regarding chatbots, paid plans, and payment shall from this moment, be carried out through the account.
2.2. Personal account information
When registering, the user provides a personal email address which will be used as their username. The user also provides a personal password for accessing the Service. This information is strictly confidential, kept in an encrypted form, and will not be transmitted to third parties.
2.3. Account management
The administration of the Service has the right to track user activity and, in the event that the user is suspected of sending spam, to temporarily block the account. All administration actions are governed by the Anti-Spam Policy and Policy Facebook, which the user consents to during account registration.
2.4. Account deletion
The user has the right to, at any time, request the deletion of their account. Any funds remaining on the account shall not be returned unless there are special grounds for a refund .
The company will not refund money to users blocked for violating the Anti-Spam Policy.
3. Marketing campaigns
13Chats is a service for chatbot campaigns, as well as a service for sending notifications on Facebook and in-app chat on web sites. The user has access to the service through their customer account (Dashboard).
3.1. Creating marketing campaigns with Facebook Chatbots
Campaigns include communications that have been drawn up, lists of email addresses and phone numbers, and the process of sending campaigns to subscribers. The user creates the template for these communications by choosing options provided by the Service, uploading images, and writing text.
The user bears full responsibility for the context of flows, which in turn must correspond to the rules set by the Service’s Anti-Spam Policy and Facebook Messenger Platform Policy Overview. Otherwise, the Service has the right to suspend the user’s account until it has ascertained the circumstances.
3.2. Delivery of marketing campaigns on Facebook Messenger
The time when campaigns are delivered to their recipients varies depending on a number of factors and circumstances. 13Chats shall not be liable for undelivered campaigns being to recipients, as well as any delays in delivery.
Messages may go undelivered or be delayed for the following reasons:
- the subscriber’s mobile phone is turned off or is outside of the mobile operator’s coverage
- the subscriber’s account service uses the automatic spam-blocking method known as greylisting, and refuses to accept notifications.
- 13Chats rejects the message after identifying its contents as spam (based on the given server’s Anti-Spam Policy, Facebook Policy, and its understanding of the word “spam”)
- notifications cannot be delivered due to adverse natural conditions or other force majeure circumstances, which might have an adverse effect on the operation of 13Chats hardware and software. These conditions or circumstances include, but are not limited to, natural disasters, changes to laws or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
4. Obligations of 13Chats users
The user is obliged:
- to ensure the confidentiality of their username and password for accessing their account on the Service, and to not allow third parties to use their account
- to provide valid personal data to the Service
- to bear responsibility for the validity of all information which they upload to their account on the Service
- to not use a purchased or illegally obtained subscriber base for campaigns
- to not use the Service’s online platform to send spam
- to create messages in accordance with the terms of the Anti-Spam Policy, Facebook Policy, and the 13 chats Terms of Service. Should the user violate the Terms of Service or other requirements of the Service, the administration has the right to suspend or completely delete the user’s account until the incident has been resolved.
- to provide recipients with the ability to opt out of campaigns at any time
- to refrain from rude and obscene speech when communicating with employees of the Service
The user has the right to disagree with the Terms for using the Service. In that case, the user will be denied further use of 13Chats.
You represent and warrant that you either own or have permission to use all of the material in your campaigns. You retain ownership of the materials that you upload to the Service.
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether our services are suitable for you to use in light of any regulations.
You may not use our Service for any unlawful or discriminatory activities.
You represent and warrant that in creating your base of subscribers, sending campaigns via any communication channel of the Service, and collecting information as a result of sending campaigns, you:
- have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are sending any form of communication through the Service.
- have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow us to receive and process data and send communications to that individual on your behalf.
- agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
5. Obligations of 13Chats
13Chats is obliged:
- to provide the user, in accordance with the Terms of Service, with access to the online platform immediately after the user has registered for the Service
- to provide the user with necessary functionality for creating and sending chatbot campaigns.
- to ensure constant access to the online platform with the username and password that the user has chosen
- to provide the possibility of testing the Service before payment for services
- to present an array of billing plans without limiting the user in their choice of a billing plan
- to notify users of changes in billing plans
The administration reserves the right to make changes to the interface and functionality of the 13Chats online platform and billing plans, and it shall notify the user of this via an email.
The administration reserves the right to unilaterally amend the Terms of Service for the 13Chats service without prior notice to the user. The updated Terms of Service for the 13Chats shall come into force from the moment they are placed on the company’s official website.
The administration of 13Chats has the right to forbid (or limit) the user from any actions contrary to the Service’s Terms of Service. These actions may include any listed below, as well as actions which, in the opinion of Service employees, violate the Terms of Service for the 13Chats.
- The user is forbidden from uploading to their account and from using any lists of contact information that has been purchased or illegally obtained (including through the use of specialized programs for searching for contact information).
- The user is forbidden to store, process, or disseminate, using 13Chats, any information contrary to the Anti-Spam Policy of the Service or which violates the laws of the USA or the laws of the country of the recipient.
- The administration of the Service prohibits and shall punish any attempts, by a user, to collect information from the Service or from the company’s official website.
- The user is forbidden from copying or using for commercial purposes any part of the Service or access to it.
- The user does not have the right to provide a third party with their account access credentials, nor to register under the name of another person without their knowledge and consent.
- The user is not allowed to use any means, including fraudulent or illegal means, for attempting to obtain the personal information of other 13Chats customers.
- The user is forbidden from sending campaigns to any recipients which have not given their consent to receive such messages. The user is also forbidden from sending out any information which violates a person’s rights and freedoms.
7. Disclaimer of warranties and liability
The administration of the Service bears no responsibility for the user’s actions taken as a result of a failure to understand or a mistaken understanding of the Terms of Service for the 13Chats service.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Service. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the materials and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since our customers use 13Chats for a variety of reasons, we can’t guarantee that it will meet your specific needs.
13Chats does not guarantee to recipients of campaigns, sent out through its Service, the accuracy of the information they receive. The Service only provides tools and services for sending chatbot campaigns and sending notifications for in-app or website chats. The responsibility for the legality and accuracy of any information that the user sends through the Service is borne by the user. The administration of the Service has the right to call the user to account for their actions if it believes that they are contrary to the 13Chats Terms of Service.
8. Anti-Spam Policy
8.1. General conditions
We believe Facebook chatbots are compelling tools for sending useful and on-demand information and are opposed to the sending of unsolicited messages.
Any registered user of 13Chats can send campaigns to their subscribers etc. using our Service.
13Chats strictly forbids any SPAM messages to be sent from our Service at any time.
8.2. Our Definition of Spam
We consider any unsolicited, unexpected, or unwanted message sent to the recipients in order to extort their valuables, mislead them, or any message sent to someone without their prior consent to be SPAM.
Messages must comply with the following principles:
- No false, invalid or misleading information in the subject line or the body of the message should be sent using 13Chats.
- No message should be sent to recipients without having previously obtained their consent.
- Text displayed must clearly state or illustrate the service that is offered.
- Marketing campaigns must clearly identify who is providing the service (originator) and clearly state the expense of the service promoted.
It is strictly forbidden to send messages to illegally collected mailing lists via 13Chats servers. It is also forbidden to use a sender email address that is registered with any service as a temporary email address.
8.3. What content is prohibited?
Our Service doesn’t allow spam or any sort of offensive or illegal content.
We do not send:
- chatbot campaigns that violate CAN-SPAM Act;
- Sexually explicit messages;
- Hate speech
- Marketing campaigns to a list of people without their permission.
- We review each profile to make sure it meets our Terms of Service, which help us maintain deliverability for all of our clients.
Please understand that some industries or “niches” return more abuse and spam complaints than average. We cannot risk our server’s reputation, which affects each mailing profile.
- Our Service does not accept campaigns, that offer types of services, products, or content listed below:
- Escort and dating services;
- Online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, prescription and counterfeit drugs;
- Work from home, make money online, and lead generation opportunities (“get rich quick”, “build your wealth”, “financial independence”);
- Online trading, day trading tips, or stock market-related content including but not limited to stock message boards promotion;
- Pyramid schemes or multi-level channel, network and/or referral marketing (MLM) businesses used for prospecting or recruiting;
- Affiliate marketing;
- Debt collections, credit repair and debt relief offerings;
- Mortgages and loans;
- Nutritional, herbal, and vitamin supplements;
- Adult novelty items or references;
- List brokers or list rental services;
- Illegal goods, pirated software or media;
- Odds making and betting/gambling services, including but not limited online poker, casino games, college and pro sporting events.
- Political parties and organizations;
- Tobacco products;
- Alcohol products;
- Any religious content.
Note that the content of your campaigns should be clearly associated with your sender email address and your domain.
8.4. Anti-Spam Policy Enforcement
Any evidence of users not adhering to this Anti-Spam Policy will cause immediate cancellation of sending their spam messages, suspension of the Service, and may also result in freezing of all account funds to ensure an immediate end to the violation until the details have been cleared up.
8.5. Your Right to Cancel / Money Back Guarantee
You can cancel account subscription in the 13Chats Service only before you have sent 100 messages on Facebook. If exceeded, the user account is considered to be fully working, and no refund will be issued.
If your account is cancelled or suspended due to SPAM complaints, no refund will be issued. See details in our Refund Policy.
Make sure all recipients are permission based emails (opt-in emails), i.e. agreed to receive email messages from you.
It is strictly forbidden to send emails to the list of email addresses that was generated automatically by email extractor software; likewise you are not allowed to use purchased email addresses for bulk mailings.
You must ensure that your messages meet the requirements of the CAN-SPAM Act — pay attention to the statement that each message you send with the advertising, commercial, and informative purpose must contain your valid physical address.
We reserve the right to stop providing service and block user accounts if even one of your messages receives over-the-top complaints.
If you don’t use your account for 9 months, it is considered inactive. In this situation, we may stop providing service and delete your account
Accounts blocked due to exceeding complaints are denied a refund.
8.6. SPAM and Abuse Reporting
Please let us know about any abuse or unwanted/unsolicited messages. In your email, please include messages, the date and time you received the message. Send your report to support@13Chats.com.
Accounts that receive spam complaints will be suspended until the case is clarified.
11. Choice of Law. Arbitration
The relationship between the company and the user with regard to provision of services for 13Chats, is governed by the laws of the State of Delaware without regard to the conflicts of laws provisions thereof.
Any dispute arising from or relating to the subject matter of these Terms will be decided by the state and federal courts of the State of Delaware, and each party will be subject to the jurisdiction of those courts.