Terms of Service

1. Acceptance of Terms

By creating an account or using NexChat Pro, you agree to these Terms of Service. If you do not agree, do not use the service.

These Terms constitute a legally binding agreement between you ("Customer", "you") and NexChat Pro ("we", "our", "NexChat").

2. Service Description

NexChat Pro is a Software-as-a-Service (SaaS) platform that connects to WhatsApp, allowing teams to manage customer conversations through a shared inbox, with features including:

• Multi-agent collaboration
• Real-time messaging
• Reply templates
• Conversation labels and status
• Team performance analytics

3. Account Registration

To use NexChat Pro:

• You must be at least 18 years old
• You must provide accurate and complete information
• You are responsible for maintaining the security of your account and password
• You must notify us immediately of any unauthorized access
• One person per account (agents are separate seats)

4. Subscription and Pricing

NexChat Pro offers three plans:

• Starter: $39/month — 1 WhatsApp number, up to 3 agents
• Pro: $99/month — 3 WhatsApp numbers, up to 10 agents
• Business: Custom pricing for enterprises

Billing terms:

• Monthly subscriptions billed in advance
• Prices in USD (excluding VAT/taxes where applicable)
• Automatic renewal unless canceled
• Cancellation takes effect at the end of the current billing cycle
• No refunds for partial months

5. Free Trial

Where offered:

• 14-day free trial
• No credit card required
• Full access to plan features
• Automatic conversion to paid plan only if credit card provided
• We may withdraw or modify trial terms at any time

6. Acceptable Use

You agree not to use NexChat Pro to:

• Send spam or unsolicited bulk messages
• Send illegal, harmful, threatening, or harassing content
• Violate WhatsApp's own Terms of Service
• Impersonate any person or entity
• Attempt to reverse engineer, decompile, or hack the service
• Use the service to compete with NexChat Pro
• Share your account credentials with unauthorized users
• Exceed reasonable usage limits (fair use policy)

Violation may result in immediate account suspension without refund.

7. WhatsApp Compliance

You acknowledge:

• NexChat Pro connects to WhatsApp via the Multi-Device protocol
• WhatsApp may change its policies at any time, affecting service functionality
• We are not affiliated with or endorsed by WhatsApp/Meta
• Your use of WhatsApp remains subject to WhatsApp's Terms of Service
• We are not responsible for account bans imposed by WhatsApp

8. Data and Content

• You retain full ownership of your messages, contacts, and business data
• You grant us a limited license to process this data solely to provide the service
• We do not use your data for any purpose beyond service delivery
• You are responsible for the legality of the content you send
• You must comply with applicable privacy and data protection laws when messaging your customers

9. Service Availability

• We target 99% uptime but do not guarantee uninterrupted service
• Planned maintenance may occur (we will notify in advance)
• We are not liable for downtime caused by:
  • WhatsApp/Meta service issues
  • Force majeure events
  • Third-party infrastructure failures
  • Actions taken to protect security

For Business plan customers, specific SLA terms are agreed separately.

10. Intellectual Property

• NexChat Pro branding, code, design, and features are our exclusive property
• You may not copy, resell, or distribute the service
• You retain ownership of your business content
• Feedback you provide may be used to improve the service without compensation

11. Termination

By you:

• Cancel anytime from account settings
• Service continues until end of paid period
• Data available for export up to 30 days after cancellation

By us:

• We may terminate accounts violating these Terms
• We may terminate with 30 days notice for other reasons
• Refund of pre-paid unused period in case of non-fault termination

12. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability is limited to the fees you paid in the 12 months preceding the claim
• We are not liable for indirect, consequential, or punitive damages
• We are not liable for lost profits, business interruption, or data loss beyond what is required by law
• No warranty of merchantability or fitness for a particular purpose

13. Indemnification

You agree to indemnify and hold harmless NexChat Pro from claims arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Content you send through the service
• Your use of the service in a way that harms others

14. Modifications

We may update these Terms. Significant changes will be notified at least 30 days in advance via email or in-app. Continued use after changes constitutes acceptance.

15. Governing Law

These Terms are governed by the laws of France, without regard to conflict of law principles. Any disputes will be resolved in the courts of Paris, France, unless local consumer protection laws require otherwise.

16. Miscellaneous

• If any provision is unenforceable, the rest remains in effect
• Failure to enforce a right does not waive it
• These Terms constitute the entire agreement between us
• You may not transfer your account without our written consent
• We may transfer our rights and obligations in case of merger or acquisition

17. Contact

For any legal questions:

• Email: contact@nexchat.pro
• Website: nexchat.pro

This document is a draft starting point. Before commercial launch, have it reviewed by a lawyer specialized in digital law / GDPR (particularly for France and OHADA Benin).