Terms and Conditions

Updated Feb 23rd, 2021

Welcome to Microchat!

Thanks for using our service ("Service"). The Service is provided by Microchat, LLC.

By using our Service, you are agreeing to these terms. Please read them carefully.

Using our Service

You must follow any policies made available to you within the Service.

Don't misuse our Service. For example, don’t interfere with our Service or try to access them using a method that is not authorized by Microchat. We may suspend or stop providing our Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law.

In connection with your use of the Service, we may send you service announcements, administrative messages, and other information.

You agree that Microchat may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of SimpleTexting, its users and the public.

A consumer must have clearly consented to receiving marketing emails and must have a preexisting relationship with your organization sending them. The CAN-SPAM Act regulates commercial emails to your cell phone. All emails must have a clear and easy way for consumers to opt-out.

Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your emergency services providers through a mobile, fixed-line telephone, or other service.

European Union’s Business Entities as Customers.

Microchat’s service is solely for B2B basis. We provide service only for profit or not profit business organizations or professional partners.

Devices and Software.

You must provide necessary devices, software, and data connections to use our Services to use our service. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes.

You are responsible for all carrier data plans and other fees and taxes associated with your use of our Services. We may charge you for our Services, including taxes. You are responsible for any value added tax in connection with the service you indemnify and hold Mcirochat harmless from any and all taxes, including sales tax, based on payment rendered by you for the services. If Microchat is legally required to report such information, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law or it is justified by exceptional circumstances.

Legal and Acceptable Use.

You must access and use our Services only for legal, authorized, and acceptable purposes. Your account will be terminated if you are using our service for any unlawful, abusing or discriminating manners including spam, phishing or misappropriate acts.

No Spam and Compliance.

In addition to the forgoing prohibitions, you further agree that you comply strictly with all applicable laws (federal, state, and otherwise) that govern marketing email, including without limitation, the U.S. CAN-SPAM Act of 2003, the General Data Protection Regulation (GDPR) of 2018, the Privacy and Electronic Communications (EC Directive) Regulations of 2003 and all other anti-spam laws. Violation of any of these laws will constitute a material breach of these Terms. You agree to defend and indemnify Microchat from and against any claim by a third party in connection with your failure to comply with this prohibition against spam.

Your Account

To protect your Microchat Account, keep your password confidential. You are responsible for the activity that happens on or through your Microchat Account. Try not to reuse your Microchat Account password on third-party applications.

Privacy and Copyright Protection

Microchat's privacy policies explain how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that Microchat can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers.

Your Content in our Service

When you upload, submit, store, send or receive content to or through our Service, you give Microchat (and those we work with) a license to host, store and modify such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new ones. This license continues even if you stop using our Service.

Our automated systems analyze your content and use of the Service in order to improve the Service for you.

Contact Numbers and Messages

By providing emails and phone numbers if any for use on Microchat platform, you represent that:

  1. You are in compliance with CAN-SPAM, GDPR and TCPA Guidelines.
  2. Your messages will not violate CAN-SPAM, GDPR and TCPA Guidelines or any applicable laws/regulations
Modifying and Terminating our Service

We are constantly changing and improving our Service. We may add or remove functionalities or features, and we may suspend or stop the Service altogether.

You can stop using our Service at any time, although we'll be sorry to see you go. Microchat may also stop providing the Service to you, or add or create new limits to the Service at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue the Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of the Service.

Our Warranties and Disclaimers

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Service.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MICROCHAT NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTIONS OF THE SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE "AS IS".

Liability for our Service

WHEN PERMITTED BY LAW, MICROCHAT, AND MICROCHAT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MICROCHAT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE.

IN ALL CASES, MICROCHAT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Service

If you are using our Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Microchat and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

Referrals

Earn $5.00 for every account that signs up for a paid plan using your referral code. Participants must follow the following rules in order to qualify for the referral program.

  • Referral Credits are applied only if the Referred Account signs up and stays on a paid plan for at least one month
  • Referred Account must switch to a paid plan within 14 days of sign-up for Referral Credits to be applied
  • Referrer will be able to use Referral Credits 45 days after the Referred Account creates an account and switches to a paid plan
  • Available Referral Credits must be manually applied for each billing cycle in the billing settings
  • Referral Credits used per billing cycle must not exceed the Referrer's plan amount
  • Any unused Referral Credits can be applied on following billing cycles

Microchat reserves the right to change the Referral rules at any time. Microchat reserves the right to void any Referral Credits for any reason. Referral Credits cannot be converted to cash.

About these Terms

We may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to our Service. You should look at the terms regularly.