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”, “The Service”) and the customer of the service (hereinafter “customer”, “user”, “you”, “member”).

1. Basic provisions

13chats Inc. provides the user with services for 13chats service according to the terms set out in the present document.

Use of the 13chats service is governed by these Terms of Service, Privacy Policy, Anti-Spam Policy. The 13chats Terms of Service can be corrected or supplemented by the administration without notifying users, and the changes enter into force from the moment that the document is placed on the company’s official website.

By accessing or using the Service 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’ve received your parent’s 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 your use of 13chats.

1.1. Services provided

13chats provides the user access to service for creating Facebook Messenger chat-bot and the tool for creating Facebook Messenger campaigns’.

The user has access to the following actions and documents:

1.2.  User registration

By “account,” the user’s account on his/her personal Dashboard on 13chats is meant. Registration is carried out on the official website at https://13chats.com/register as well as on the official website of the partner SendPulse.com.

During registration, the user fills in required fields with personal information (name, email address, telephone number) and specifies a password which the user will subsequently use for entering his/her account. The user is not allowed to give his/her username and password to a third party. The user bears full responsibility for the safety of his/her username and password.

All personal information is subject to use by the 13chats service and can be used by employees of the Service to contact the user according to the Privacy Policy.

The user is obligated to provide valid information during the registration process: customers who provide invalid contact information will be deprived of use of the service. Employees of the Service have the right to demand that the client confirm his/her personal information in order to determine its validity.

Attention! It is strictly forbidden to register multiple free accounts. It will be enough for you to have 1 free account to evaluate the Service features.

1.3.  Payment for services

After going through the registration process, every customer of the 13chats service 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 limited number of messages that can be sent. Transitioning to a paid plan or renewing your account shall mean that you are satisfied with the quality of the Service.

The Service provides a set of billing plans. The user has the right and ability to change his/her billing plan to another, more convenient plan at any time. All operations for changing the billing plan (or paying for the plan) are carried out by the customer in his/her account.

Payment of any billing plan or additional service shall take the form of 100% prepayment. The payment procedure is as follows:

If you pay any monthly subscription, an automatic renewal of the subscription is activated. A user can disable it on their own in their personal account.

Monthly SMTP subscription paid with a bank card or PayPal can be upgraded automatically when you exceed the messages limit in your plan. This plan upgrade ensures a non-stop flow of your transactional messages.

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 messages, billing 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 a username, and 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.

The Service additionally asks that the user fill in an expanded form with personal data that the customer can use when working with contacts (“variable substitution”). Data provided in filling this form is also subject to the Privacy Policy.

2.3. Account management

Sending out messages, viewing statistics, changing the billing plan, creating campaign templates — all of these actions are carried out by the user in his/her account. The user also uploads the addresses and phone numbers of campaign recipients to his/her account to create address books. All imported messenger contacts are considered the property of the user and are confidential information which is protected by the Privacy Policy of the 13chats service. 

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, 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 his/her account. Any funds remaining on the account shall not be returned unless there are special grounds for a refund . When making its decision, the 13chats service is governed by its Anti-Spam Policy.

The company will not refund money to users blocked for violating the Anti-Spam Policy. 

3. Marketing campaigns

13chats is a service for Facebook Messenger campaigns. The user has access to the service through his/her customer account (Dashboard).

3.1. Creating marketing campaigns

Campaigns include communications that have been drawn up, lists of subscribers, and the process of sending campaigns to subscribers. The user creates himself/herself the template for these communications by choosing options provided by the Service, uploading images, and writing texts.

The user bears full responsibility for the context of mailings, which in turn must correspond to the rules set by the Service’s Anti-Spam Policy. Otherwise, the Service has the right to suspend the user’s account until it has ascertained the circumstances.

3.2. Subscribers lists

A user of the 13chats service has the right to send communications only to such people who have expressed their consent to receiving communications from him/her. The recipients’ consent must be received by the user personally. Upon the request of the Service administration, the user must provide corresponding proof of recipients’ consent.

The user shall guarantee subscribers the ability to opt out of any further communications (through the presence of an unsubscribe command in the chat) and shall also be obliged to enter into the unsubscribers list or remove from the list contact details, the owners of which have expressed their desire to opt out of chat messages.

Use of illegally obtained subscriber bases and distributing spam through the 13chats service is strictly prohibited.

3.3.  Sending marketing campaigns

Facebook campaign created by the user is scheduled for sending through the Service. Each campaign is queued for sending and passes through a moderation process.

Moderation consists of a check of contacts carried out by Service employees to ensure that the subscriber base is real (should it be suspected that the recipients did not agree to receive mailings) and that the content of the messages corresponds to all rules and regulations of the Anti-Spam Policy.

The time for moderation and sending of campaigns shall take a maximum of 24 hours.

In the case that an message did not pass the Service’s moderation, this will be communicated to the user and measures will be taken to remove the grounds for refusing sending, or the user’s account will be blocked until the circumstances are ascertained.

3.4. Delivery of marketing campaigns

The time when campaigns are delivered to their recipients varies depending on a number of factors and circumstances. 13chats shall not be liable for campaigns being undelivered to recipients, in equal measure, as well as any delays in delivery.

Messages may go undelivered or be delayed for the following reasons:

6. Obligations of 13chats users

The user is obliged:

The user has the right to not agree 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 messages. You retain ownership of the materials that you upload to the Service.

We may use or disclose your information only as described in these Terms and our Privacy Policy.

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 Mailing lists, sending campaigns via any communication channel of the Service, and collecting information as a result of sending campaigns, you:

7. Obligations of 13chats

13chats is obliged:

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 in 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 service shall come into force from the moment they are placed on the company’s official website.

8. Restrictions

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 service.

9. 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.

The 13chats service 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 carrying out Facebook automated and broadcact campaigns’ sending. 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 his/her actions if it believes that they are contrary to the 13chats’s Terms of Service.

10. Anti-Spam Policy

10.1. General conditions

We believe Facebook Messenger is compelling tool 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 his/her friends, family, colleagues, clients, contacts etc. using our Service.

13chats strictly forbids any SPAM messages to be sent from our Service at any time.

10.2. Our Definition of Illegally Collected Mailing Lists

A contacts list is legit if the recipient agreed to receive messages from you.

The illegal ways of collecting mailing lists are:

10.3. Our Definition of Spam

We consider any unsolicited, unexpected, or unwanted message sent to the recipients in order to extort their valuables from them or to mislead them, or any message sent to someone without their prior consent to be SPAM.

Messages must comply with the following principles:

It is strictly forbidden to send messages to illegally collected mailing lists via 13chats SMTP servers.

10.4. What content is prohibited?

Our Service doesn’t allow spam or any sort of offensive or illegal content.

We do not send:

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:

10.6. Anti-Spam Policy Enforcement

Any evidence of users not adhering to this Anti-Spam Policy will cause immediate disconnection of his/her spam messages sending, suspension of the Service and might also result in freezing of all money to ensure an immediate end to the violation until the details are cleared up.

10.7. Your Right to Cancel / Money Back Guarantee

Accounts blocked due to exceeding complaints are denied in getting a refund.

The limit of non-existing addresses is 7%. If the number of non-valid addresses (non-existent, not active addresses) exceeds, campaign can be blocked by Service moderators. If you want to avoid blocking — check the addresses for validity by any service/software before loading the address into 13chats. 13chats does not provide any validation services.

We understand that there can be a certain number of complaints if you send bulk messages. According to our Service terms and conditions, we specified a permitted complaints level as around 0.5%-0.7% per single campaign. In addition, we take into consideration different factors like the amount of sent messages well as complaints ratio and types of complaints. However, if your campaign gets a ratio that exceeds the permitted level, we reserve the right to block or terminate your account without a refund.

10.8. SPAM and Abuse Reporting

Please let us know about any abuse or unwanted/unsolicited messages. In your email, please include the spam-message screenshot, the date and time you received the message. Send your report to contact@13chats.com.

Please note, that we do not knowingly do business with any company or person that sends unsolicited messages.

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.

 

Updated: 28.10.2019