Terms of Service
The agreement that applies when you use Way2Chat.
1. The agreement
These Terms are an agreement between you and Way2Chat (βweβ, βusβ), which provides Way2Chat. By creating an account, embedding our widget or otherwise using the service, you agree to them. If you accept on behalf of an organisation, you confirm you have authority to bind it, and βyouβ means that organisation.
You must be at least 18 years old and using the service for business purposes. Our Acceptable Use Policy and Data Processing Terms form part of this agreement. Our Privacy Policy explains how we handle personal data.
2. The service
Way2Chat provides live chat software: an embeddable chat widget, a dashboard and agent workspace, and related features, integrations and APIs described on our website. We may improve or change the service. If we remove a feature you pay for in a way that materially reduces the service, we will tell you in advance.
3. Accounts and your team
- Keep your sign-in details and API keys secure, and tell us promptly at admin@way2chat.com if you suspect unauthorised access.
- You are responsible for everything done through your account, including by agents and assistants you invite.
- The information you give us, including your email address, must be accurate and kept up to date.
4. Acceptable use
You must follow our Acceptable Use Policy. In short: no spam, fraud, deception, unlawful content, collection of sensitive data you are not entitled to collect, or attempts to attack, overload or reverse-engineer the service.
5. Your data and your visitors
You own the content you and your visitors send through the service. You give us a limited licence to host, process and display it only to provide the service to you, and as our Data Processing Terms describe.
For personal data of the visitors who chat on your websites, you are the controller and we are your processor. You are responsible for having a lawful basis to use live chat, for telling your visitors about it in your own privacy notice, and for obtaining any consent the law requires on your website β including for the storage the widget uses, which our Cookie Policy lists.
6. Plans, billing and payment
Free plan. Provided without charge and without any service commitment, subject to the limits shown on our Pricing page, including a fixed number of conversations over the life of the account.
Paid plans are billed monthly or yearly, in advance, and include the limits shown on the Pricing page for the period you paid for. You can pay by:
- Card with auto-renew β your card is charged at the start of each period until you cancel.
- One-time card payment β pays for a single period, which then ends unless you pay again.
- Cryptocurrency β a one-time payment for a single period. You must send the exact amount shown, on the network shown. The quoted amount is held for 50 minutes; a payment of that exact amount that reaches us within 72 hours of the quote is still accepted at the quoted amount. Network fees are yours, and payments sent to the wrong address or network, in the wrong amount, or after that window may not be recoverable automatically β contact us with the transaction reference and we will investigate.
Prices exclude taxes unless stated. You are responsible for any taxes that apply to your purchase. We may change prices with at least 30 days' notice; a change applies from your next renewal, and yearly subscriptions are not affected until they renew.
7. Changing plans
When you move from one paid plan to another, the unused part of your current period is credited against the new plan, and you pay only the difference. If your credit is worth more than the new plan's price, the surplus is added to the new plan as extra time rather than paid out. A plan billed yearly can only be changed to another yearly plan. Moving down may require you to reduce your websites or agents to fit the new plan's limits first.
8. Conversation credits
On eligible paid plans you can buy conversation credits. Credits are used only after your plan's own conversations for the period are used up, and are valid for 12 months from purchase, after which unused credits expire. If your paid plan ends, unused credits are held and become usable again if you return to a paid plan before they expire. Credits have no cash value and are not refundable, except where the law requires.
9. Cancellation and refunds
You can cancel auto-renew at any time from your billing page. Your plan stays active until the end of the period you have paid for and then moves to the Free plan. Except where the law requires otherwise, or where we expressly offer one, we do not give refunds for partial periods.
10. Suspension
We may suspend your account, or suspend live chat on one or more of your websites, if we reasonably believe that:
- you have breached these Terms or the Acceptable Use Policy;
- your use creates a security risk or could harm the service, us, other customers or third parties;
- payment is overdue; or
- we are required to by law or by a competent authority.
Where we can lawfully do so, we will tell you the reason. A suspension we apply can only be lifted by us, and we will lift it once the reason for it has been resolved. You can also pause live chat on your own websites at any time.
11. Conversation retention
Open conversations are kept while your account is active. Closed conversations, with their messages, ratings and attachments, are deleted automatically once the chat-history period of your plan has passed, counted from when the conversation was closed. Each plan's period is shown on our Pricing page, and reopening a conversation restarts it. If you move to a plan with a shorter period, conversations already older than that period are deleted on the next scheduled run. Keep your own record of anything you need for longer. Our Privacy Policy sets out how long we keep other data.
12. Intellectual property
We and our licensors own the service, including its software, design and trademarks. During your subscription we give you a limited, non-exclusive, non-transferable right to use it for your business. You may not resell, sublicense or white-label the service without our written agreement. If you send us feedback, we may use it without obligation to you.
13. Third-party services
Some features connect to services we do not control, such as payment providers or tools you integrate, like Slack. Your use of those services is governed by their own terms, and we are not responsible for them.
14. Disclaimers
We work to keep the service reliable and secure, but except as expressly stated in these Terms it is provided βas isβ and βas availableβ, without warranties of any kind, including of uninterrupted or error-free operation or fitness for a particular purpose, to the extent the law allows.
15. Limitation of liability
To the extent the law allows, neither party is liable for indirect, incidental, special or consequential losses, or for lost profits, revenue or data. Our total liability for all claims arising out of or relating to the service is limited to the amount you paid us in the 3 months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law, such as for fraud or for death or personal injury caused by negligence.
16. Indemnity
You will defend and indemnify us against third-party claims arising from content you or your visitors send through the service, your breach of these Terms or the Acceptable Use Policy, or your failure to meet your obligations to your own visitors under data protection law.
17. Termination
You may close your account at any time. We may terminate these Terms if you materially breach them and do not fix the breach within 14 days of notice, or immediately for serious or repeated breaches of the Acceptable Use Policy. After termination your data is deleted as described in our Privacy Policy. Sections that by their nature should survive termination, such as payment obligations, liability limits and indemnities, will survive.
18. Governing law
These Terms are governed by the law of the country in which Way2Chat is registered, and the courts of that country have jurisdiction over any dispute, except that nothing prevents either party from seeking urgent relief elsewhere.
19. Changes to these Terms
We may update these Terms. We will email account holders about material changes at least 14 days before they take effect, and keep the previous version available. If you do not agree with a change, you may cancel before it takes effect.
20. Contact
Questions about these Terms: admin@way2chat.com