Terms of Service

1. Acceptance of Terms

By accessing and using the Nemachat platform ("Service", "Platform", or "We"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these terms, you may not access the Service.

We reserve the right to change, modify, or replace these terms at any time. Changes will be effective upon posting on the platform. It is your responsibility to review these terms periodically.

2. Definitions

• "Nemachat" refers to the customer support, CRM, and lead management platform we provide
• "User" refers to the individual or entity accessing or using the Service
• "Account" refers to the account created by the User to access the Service
• "Content" refers to all data, information, text, files, images, or other materials uploaded, sent, or created through the Service
• "Customer Data" refers to customer information entered or managed through the Platform

3. Registration and Accounts

3.1 Account Requirements

To use the Service, you must:

• Be at least 18 years old or have consent from a legal guardian
• Provide accurate, complete, and current information when registering
• Maintain and promptly update your account information
• Maintain the confidentiality of your account credentials
• Be responsible for all activities that occur under your account

3.2 Account Security

You are responsible for:

• Using strong and unique passwords
• Enabling two-factor authentication if available
• Immediately notifying us if you suspect unauthorized use of your account
• Using the Service in compliance with all applicable laws and regulations

4. Use of the Service

4.1 Permitted Use

You may use the Service to:

• Manage communication with customers across multiple channels (WhatsApp, Instagram, Email, etc.)
• Manage CRM data and lead management for your business
• Automate customer support processes
• Analyze data and generate reports for business purposes

4.2 Prohibited Use

You are prohibited from:

• Using the Service for any unlawful, fraudulent, or malicious purposes
• Sending spam, unsolicited messages, or harmful content
• Interfering with, disrupting, or compromising the security or operation of the Service
• Attempting to gain unauthorized access to systems, accounts, or data of other users
• Using bots, scripts, or automated methods to access the Service without permission
• Uploading or transmitting viruses, malware, or other harmful code
• Infringing on the intellectual property rights of others
• Using the Service to send content containing hate speech, discrimination, or inappropriate material
• Using the Service for purposes that violate the privacy or rights of others

5. Content and Data

5.1 Content Ownership

You retain all ownership rights to the Content you upload or create through the Service. By using the Service, you grant us a non-exclusive, royalty-free, transferable license to use, copy, modify, and display your Content solely for the purpose of providing and improving the Service.

5.2 Customer Data

You are responsible for:

• Ensuring that you have the legal right to collect and process customer data
• Complying with all applicable data privacy laws (including GDPR, if applicable)
• Obtaining necessary consent from customers before collecting their data
• Using customer data only for authorized and disclosed purposes

5.3 Backup and Data Retention

While we perform regular backups, you are responsible for keeping backups of your own important data. Data retention periods depend on the service plan you choose. After the retention period expires, data may be permanently deleted.

6. Payments and Subscriptions

6.1 Subscription Plans

The Service is available in various subscription plans with different features and limitations. Plan details, pricing, and features are available on the pricing page. We reserve the right to change prices or plan features with prior notice.

6.2 Payments

Payments are made monthly or annually depending on the selected plan. By tracking up, you agree to pay all charges associated with your chosen plan. Payments are billed in advance for each subscription period.

6.3 Free Access

We offer free access with limited features without time constraints. You can use the free service for as long as you want, and may upgrade to a paid plan at any time to gain full access to all features.

6.4 Cancellations and Refunds

You can cancel your subscription at any time through your account settings. Cancellations will take effect at the end of the current billing cycle. We do not provide refunds for payments already made, unless required by law.

6.5 Price Increases

We will inform you at least 30 days in advance of any price increases. If you disagree with the price increase, you may cancel your subscription before the new pricing takes effect.

7. Integrations with Third-Party Platforms

The Service may integrate with third-party platforms such as WhatsApp, Instagram, Email, and others. By using these integrations, you agree to:

• Comply with the terms and conditions of the third-party platforms
• Provide necessary access credentials for integration
• Understand that changes to third-party platforms may impact integration functionality
• Acknowledge that we are not responsible for issues arising from third-party platforms

8. Service Availability

We strive to ensure the Service is available 99.9% of the time. However, we cannot guarantee that the Service will always be available, uninterrupted, or error-free. The Service may experience:

• Scheduled or emergency maintenance
• Technical disruptions or system failures
• Issues with third-party service providers
• Events outside our control (force majeure)

We will attempt to provide prior notification for scheduled maintenance testing that may affect the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The Service is provided "AS IS" without warranties of any kind, either express or implied
• We do not guarantee that the Service will meet your requirements or be error-free
• We are not responsible for direct, indirect, incidental, or consequential damages resulting from the use or inability to use the Service
• Our total liability is limited to the amount you have paid us within the last 12 months
• We are not responsible for data loss, loss of profits, or other business losses

10. Indemnification

You agree to indemnify, defend, and hold harmless Nemachat, its affiliates, officers, directors, employees, and agents from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of third-party rights.

11. Intellectual Property

All rights, title, and interest in and to the Service, including but not limited to software, design, logos, trademarks, and other content, belong to Nemachat or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.

12. Termination

12.1 Termination by You

You may terminate the use of the Service at any time by canceling your subscription via account settings or contacting customer support.

12.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice, if:

• You violate these Terms
• You fail to pay any fees owed
• We suspect fraudulent activity or abuse
• Required by law or court order

12.3 Consequences of Termination

Upon termination, your right to use the Service immediately ceases. We may delete or disable your account and all associated data. You are responsible for exporting your data prior to termination.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Indonesia. Any disputes arising out of or related to these Terms will be resolved through:

1. Negotiation: Participants will attempt to resolve the dispute through good faith negotiation within 30 days
2. Mediation: If negotiation fails, the dispute will be resolved through mediation by a mutually agreed mediator
3. Arbitration: If mediation fails, the dispute will be resolved through arbitration according to the rules of the Indonesian National Board of Arbitration (BANI)

14. Miscellaneous

14.1 Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or a platform notice. Your continued use of the Service following changes implies your acceptance of the updated Terms.

14.2 Severability

If any provision of this document is deemed invalid or unenforceable, that provision will be amended and interpreted to accomplish its objective to the maximum extent permitted by applicable law, and the remaining provisions will continue in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision in these Terms will not be viewed as a waiver of those rights.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign or transfer these Terms at any time without your consent.

15. Contact

If you have any questions about these Terms of Service, please contact us: