Terms and Conditions

These are the Terms and Conditions governing the use of ChatsHero and the Agreement that operates between You (the "User") and Chatshero Solutions (LA0061389-H) (the "Company"). These Terms and Conditions set out the rights and obligations of all users regarding the use of ChatsHero and any other related Agreement or legal relationship with the Company.

Your access to and use of ChatsHero is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use ChatsHero. By accessing or using ChatsHero, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, you may not access ChatsHero.

Your access to and use of ChatsHero is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using ChatsHero.

Although the entire contractual relationship relating to these Products is entered into solely by the Company and Users, Users acknowledge and agree that, where ChatsHero has been provided to them via or in combination with an independent party, that third party may enforce these Terms as a third-party beneficiary.

"ChatsHero" refers to:

1. this website, including its subdomains and any other website through which the Company makes its Service available;
2. applications for mobile, tablet and other smart device systems;
3. the Application Program Interfaces (API);
4. the Service;
5. any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

2. SUBSCRIPTION TERMS

The fees, duration and conditions applicable to the purchase of such Subscriptions are described below and in the dedicated sections of ChatsHero.

Unless specified on the Order Form, the Subscription Products provided on ChatsHero, as part of the Service, are subject to the following terms:

2.1 FREE TRIAL

Users have the option to test ChatsHero during a limited and non-renewable trial period, at no cost. Some features or functions of ChatsHero may not be available to Users during the trial period.

Further conditions applicable to the trial period, including its duration, will be specified on ChatsHero. The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.

At any time and without notice, Chatshero Solutions (LA0061389-H) ("the Company") reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

2.2 PRODUCT DESCRIPTION

Prices, descriptions or availability of Products are outlined in the respective sections of ChatsHero and are subject to change without notice.

While Products on ChatsHero are presented with the greatest accuracy technically possible, representation on ChatsHero through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process and in the dedicated sections of ChatsHero.

2.3 ORDER SUBMISSION

Any steps taken from choosing a Product to order submission form part of the purchasing process. Users must choose the desired Product and verify their purchase selection. After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

2.4 PRICES

Users are informed during the purchasing process and before order submission about any fees, taxes, and costs that they will be charged.

Unless specified, prices are displayed exclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide Users with reasonable prior notice of any change in Subscription fees.

The continued use of the Service after the Subscription fee change comes into effect shall constitute an agreement to pay the modified Subscription fee amount.

2.5 REFUNDS

Except when required by law, paid Subscription fees are non-refundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for service periods unused.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

2.6 DISCOUNTS

The Company may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of ChatsHero.

Offers and discounts are always granted at the Company’s sole discretion. Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time. If an offer or discount is limited by time, the time indications refer to the time zone of the Company, as indicated in the Company’s location details in this document.

Discounts can be based on Coupons. If breach of the conditions applicable to Coupons occurs, the Company can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests. Unless otherwise stated, these rules apply to the use of Coupons:

• Each Coupon is only valid when used in the manner and within the timeframe specified;
• A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
• Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving recurring purchases;
• A Coupon cannot be applied cumulatively;
• The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
• Unless otherwise specified, all discounts shall expire at the end of the first billing period.

2.7 METHODS OF PAYMENT

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of ChatsHero.

Payment methods marked accordingly are managed directly by the Company. In this case, the Company collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of ChatsHero to learn more about the data processing and Users’ rights regarding their data.

Other payment methods – if any – are independently provided by third-party services. In such cases ChatsHero collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.

If payment through the available methods fails, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

2.8 SUBSCRIPTION PERIOD

Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time. Unless otherwise stated in the Order Form, paid subscriptions begin on the day the payment is received by the Company.

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as quarterly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

AUTOMATIC RENEWAL

Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or ChatsHero. The renewed subscription will last for a period equal to the original term.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that the User must proceed manually. The Company reserves the right to freeze the User’s access to ChatsHero until any outstanding invoices have been paid.

TERMINATION

Recurring subscriptions may be terminated solely by the User, at any time, by canceling the subscription through the appropriate settings or controls provided within ChatsHero. The Company does not process subscription cancellations on behalf of Users and shall not terminate or modify recurring subscriptions unless expressly performed by the User through self-service options.

If the User cancels the subscription before the renewal date, the termination shall take effect immediately, and the User will no longer have access to the Service. The Company has no obligation to restore or reactivate access once termination takes effect.

2.9 ADDITIONAL CHARGES

Users may incur additional charges if the usage over the billing month exceeds their Subscription’s limit. The Subscription limits are detailed in the purchasing process and in the respective sections of ChatsHero. User agrees to pay any additional charges incurred at the end of each billing month.

2.10 LATE PAYMENT

Any failure to make a payment of any Fees or taxes entitles the Company to suspend, in whole or in part, access to Services, until such payment is received. Unless otherwise stated in the Order Form, the Company shall assess and the Customer shall pay a late fee equal to the lesser of 10% of the outstanding balance per month or the maximum rate/fee permitted by law in the jurisdiction where the User is located. Furthermore, upon any such failure all outstanding amounts shall become due and payable without further delay.

2.11 APPLICABLE TAXES

Unless specified, fees are displayed exclusive of any applicable taxes, duties, withholdings, tariffs, levies, customs, capital or income taxes or other governmental charges or expenses, including but not limited to value-added tax, sales tax, consumption tax and similar taxes or duties as well as any current or future municipal, state, federal or provincial taxes, and User will pay, indemnify and hold harmless the Company from same.

2.12 THIRD PARTY FEES

ChatsHero fees are exclusive of any charges that may be assessed by a Third Party (e.g. Messaging Platforms) for access to or use of their services. Such charges shall be the responsibility of the User, whether paid directly to the Third Party or whether such access is resold through ChatsHero, in which case ChatsHero shall advise the User in writing as to the applicable charges and the User shall have the right to accept such charges or decline them and not use the associated channel. In the event a Third Party imposes special requirements on ChatsHero beyond the standard services, then ChatsHero shall have the right to charge the User for this additional service and the User shall have the right to accept such charges or decline them and not use the associated channel.

3. ADDITIONAL SERVICES

3.1 TERMS AND CONDITIONS APPLYING TO EXTRA FEATURES

Users that have an active subscription may purchase individual add-ons or features, as described in the relevant section of ChatsHero or in the applicable Order Form.

Prices, duration, terms of use, and termination conditions of such add-ons may differ from those of the main Subscription Product and, unless otherwise specified, do not affect the prices, duration, terms of use, or termination of the main Subscription.

3.2 PERFORMANCE OF ADDITIONAL SERVICES

The purchased additional services shall be performed or made available within the timeframe specified on ChatsHero, or as communicated prior to order submission. These additional services are provided on a paid basis.

4. RIGHT OF WITHDRAWAL

Except where required by applicable law, the right of withdrawal does not apply on ChatsHero. Users acknowledge and agree that the right of withdrawal is excluded for contracts concluded via ChatsHero, due to the digital and on-demand nature of the services offered.

5. LIABILITY AND INDEMNIFICATION

The User agrees to indemnify and hold Chatshero Solutions (LA0061389-H), its subsidiaries, affiliates, officers, directors, agents, partners, and employees harmless from any claim or demand, including reasonable legal fees, arising from:

• any misuse of or connection to the Service,
• violation of these Terms,
• infringement of third-party rights or statutory provisions, by the User or their representatives, to the extent permitted by applicable law.

Unless otherwise explicitly provided and subject to mandatory legal provisions (e.g., product liability laws), Users shall not have any claim for damages against Chatshero Solutions (LA0061389-H) or any party acting on its behalf.

Chatshero Solutions (LA0061389-H) shall only be liable for damages caused by intent or gross negligence, or for damages affecting life, health, or physical integrity. In all other cases, liability shall be limited to foreseeable and typical damages at the time the contract was concluded.

In any case, compensation for damages shall not exceed the total amount paid by the User to Chatshero Solutions (LA0061389-H) under the relevant agreement in the 12 months preceding the incident, or the duration of the Agreement, if shorter.

Some jurisdictions do not allow certain limitations of liability or statutory rights. In such cases, the above limitations shall apply to the maximum extent permitted by law.

LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Chatshero Solutions (LA0061389-H), and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:

• any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of ChatsHero’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall Chatshero Solutions (LA0061389-H), and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to ChatsHero hereunder in the preceding 12 months, or the period of duration of this agreement between ChatsHero and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ChatsHero has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

INDEMNIFICATION

The User agrees to defend, indemnify, and hold Chatshero Solutions (LA0061389-H) and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

COMMON PROVISIONS

6.1 NO WAIVER

Chatshero Solutions (LA0061389-H)’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

6.2 SERVICE INTERRUPTION

To ensure the best possible service level, Chatshero Solutions (LA0061389-H) reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, ChatsHero may also decide to suspend or terminate the Service altogether. If the Service is terminated, ChatsHero will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the reasonable control of ChatsHero, such as “force majeure” (e.g. labor actions, infrastructural breakdowns, or blackouts, etc.).

6.3 "AS IS" AND "AS AVAILABLE" DISCLAIMER

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Chatshero Solutions (LA0061389-H), on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties—express, implied, statutory or otherwise—with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, ChatsHero provides no warranty or undertaking, and makes no representation that the Service will:

• meet Your requirements;
• achieve any intended results;
• be compatible or work with any other software, applications, systems, or services;
• operate without interruption;
• meet any performance or reliability standards;
• or be error-free or that any errors or defects can or will be corrected.

Neither ChatsHero nor any provider makes any representation or warranty, express or implied:

1. regarding the operation or availability of the Service, or the information, content, and materials or products included thereon;
2. that the Service will be uninterrupted or error-free;
3. as to the accuracy, reliability, or currency of any information or content provided;
4. that the Service, its servers, the content, or e-mails sent from or on behalf of ChatsHero are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties or statutory rights, so some of the above may not apply. In such cases, the exclusions and limitations will be applied to the greatest extent enforceable under applicable law.

6.4 SERVICE RESELLING

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of ChatsHero and its Service without the express prior written permission of Chatshero Solutions (LA0061389-H), granted either directly or through a legitimate reselling programme.

6.5 INTELLECTUAL PROPERTY RIGHTS

Without prejudice to any more specific provision of these Terms, any intellectual property rights—such as copyrights, trademark rights, patent rights, and design rights—related to ChatsHero are the exclusive property of Chatshero Solutions (LA0061389-H) or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks—nominal or figurative—and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with ChatsHero are, and remain, the exclusive property of Chatshero Solutions (LA0061389-H) or its licensors.

6.6 TRADEMARK LICENSE

During the Term, User hereby grants to Chatshero Solutions (LA0061389-H) a worldwide, non-exclusive, non-transferable and non-sub-licensable (other than to affiliates) royalty-free license to use User’s trademarks and logos solely in connection with marketing, advertising, and promotion of ChatsHero, including listing the Customer and the Customer Application on ChatsHero’s Website, and only in accordance with User’s reasonable trademark usage guidelines. User may require ChatsHero to cease using its trademarks and logos if their use causes a materially adverse effect on User’s image or goodwill.

6.7 CHANGES TO THESE TERMS

Chatshero Solutions (LA0061389-H) reserves the right to amend or otherwise modify these Terms at any time. If the amendment is material, ChatsHero will make reasonable efforts to provide prior notice before new terms take effect. What constitutes a material change is at ChatsHero’s sole discretion.

Such changes will only affect the relationship going forward. Continued use of the Service after revised Terms are effective signifies acceptance. If the User does not accept, they must stop using the Service. Refusal may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to acceptance. Previous versions can be obtained from ChatsHero.

6.8 ASSIGNMENT OF CONTRACT

ChatsHero reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms without written permission from ChatsHero.

6.9 CONTACTS

All communications relating to the use of ChatsHero must be sent using the contact information provided in this document.

6.10 SEVERABILITY

If any provision of these Terms is deemed invalid or unenforceable under applicable law, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.

6.11 AUTHORITATIVE VERSION OF THESE TERMS

These Terms are written and revised in English. Translations are for informational purposes only. In the event of any inconsistency, the English version shall prevail.

6.12 GOVERNING LAW

These Terms are governed by the law of the place where Chatshero Solutions (LA0061389-H) is based, without regard to conflict of laws principles.

6.13 VENUE OF JURISDICTION

The exclusive jurisdiction over any controversy related to these Terms lies with the courts of the location where Chatshero Solutions (LA0061389-H) is based.

6.14 PRIVACY POLICY

To learn more about the use of their Personal Data, Users may refer to the privacy policy of ChatsHero.

6.15 FAIR USE POLICY

To maintain quality of Service and avoid disadvantage to the majority, you agree to abide by any fair use policy which may apply. ChatsHero reserves the right to enforce limits on the Service, including messages, contacts, properties, snippets, files, or any other features. Users may not use the System in any way that could impair or interfere with the Service.

7. DISPUTE RESOLUTION

7.1 AMICABLE DISPUTE RESOLUTION

Users may bring any disputes to Chatshero Solutions (LA0061389-H), which will attempt to resolve them amicably.

While Users’ right to take legal action always remains intact, in the event of any controversy regarding the use of ChatsHero or the Service, Users are kindly asked to contact ChatsHero at the contact details provided in this document.

Users may submit a complaint to the email address provided, including a brief description and any relevant details. ChatsHero will handle the complaint without undue delay and within 21 days of receiving it.

8. DEFINITIONS AND LEGAL REFERENCES

ChatsHero

Refers to the software-as-a-service (SaaS) platform provided by Chatshero Solutions (LA0061389-H), which includes all digital products, services, and features offered under the ChatsHero brand.

Chatshero Solutions (LA0061389-H) (or ChatsHero or We)

Indicates the legal entity providing ChatsHero and the Service to Users, including its affiliated entities.

User (or You)

Any person or legal entity using ChatsHero. Where applicable, includes individuals authorized to use the Service on behalf of an organization.

Service

The software functionality, features, support, and digital tools made available through ChatsHero.

Agreement

These Terms and Conditions, along with all related documents and policies referred to herein, which form the complete and legally binding agreement between You and Chatshero Solutions (LA0061389-H).

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification of a natural person.

Data Subject

The natural person to whom the Personal Data refers.

Data Controller

The natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

Data Processor (or Sub-Processor)

The natural or legal person, public authority, agency, or other body which processes Personal Data on behalf of the Data Controller.

Latest update: April 12, 2025