Terms & Conditions

Terms of Service

Introduction

• Welcome to ChatiWa.

• ChatiWa is a product owned, operated, maintained, and distributed by BrainGrid Digital ("BrainGrid Digital", "Company", "we", "our", or "us").

• These Terms of Service ("Terms") govern your access to and use of ChatiWa, including all websites, applications, software, APIs, integrations, communication services, and related offerings.

• By accessing, registering for, purchasing, or using ChatiWa, you agree to be legally bound by these Terms.

• If you do not agree with these Terms, you must not access or use the Services.

Eligibility

• You must be at least eighteen (18) years old or the legal age of majority in your jurisdiction.

• You must have the legal authority to enter into a binding agreement.

• If using ChatiWa on behalf of a company or organization, you represent and warrant that you have authority to bind such entity to these Terms.

• You are responsible for ensuring compliance with applicable laws in your jurisdiction.

Services

• ChatiWa provides software, automation, messaging, communication, marketing, customer engagement, CRM, analytics, workflow, AI-powered, and related business tools.

• Features may change, improve, be removed, suspended, or replaced at any time.

• Certain features may require paid subscriptions.

• Some services may depend on third-party providers.

Account Registration

• You may be required to create an account to access certain features.

• You agree to provide accurate and complete information.

• You are responsible for maintaining the confidentiality of your credentials.

• You are responsible for all activity occurring under your account.

• You must immediately notify us of unauthorized account access.

Subscription Plans

• Certain features require a paid subscription.

• Subscription fees are billed in advance.

• Subscription plans, pricing, quotas, limits, and included features may change from time to time.

• Subscription access is subject to successful payment processing.

Integrations:

Shopify Integration

Merchants may connect their Shopify stores to ChatiWa through Shopify OAuth authorization.

By connecting a Shopify store, the merchant authorizes ChatiWa to access Shopify APIs according to the permissions granted during installation.

The merchant represents that:

• they own or are authorized to manage the connected Shopify store;

• they have authority to authorize ChatiWa to access Shopify data;

• they are responsible for configuring automation workflows and communications sent through ChatiWa.

• Merchants are responsible for ensuring they have the legal right to process customer information through ChatiWa and to send communications using WhatsApp, Shopify, or any connected platform.

• Merchants are responsible for complying with applicable privacy, consumer protection, anti-spam, and data protection laws.

• ChatiWa integrates with third-party platforms including Shopify, Meta's WhatsApp Business Platform, payment providers, and other services.

• Availability of these integrations depends on the third-party providers and their policies.

• ChatiWa is not responsible for outages, policy changes, API limitations, or service interruptions caused by third-party providers.

• If a merchant disconnects or uninstalls the Shopify application, ChatiWa may immediately revoke access to Shopify APIs and discontinue synchronization for that store.

• ChatiWa may limit synchronization frequency or API usage to comply with Shopify API limits and maintain platform stability.

• ChatiWa may suspend or terminate Shopify integrations that violate Shopify policies, applicable laws, or these Terms.

• Merchants are responsible for maintaining accurate information within their connected Shopify stores.

• ChatiWa is not responsible for inaccuracies originating from merchant data or third-party platforms.

WhatsApp Compliance

Since ChatiWa is primarily a WhatsApp platform:

Merchants are solely responsible for ensuring messages sent through WhatsApp comply with Meta policies and applicable laws.

Automatic Renewals

• Subscriptions may renew automatically unless cancelled before the renewal date.

• By purchasing a subscription, you authorize recurring charges using your selected payment method.

• You remain responsible for all renewal charges incurred before cancellation becomes effective.

Free Plans and Trials

• ChatiWa may offer free plans, trial plans, or promotional access.

• Free access may be modified, restricted, suspended, or discontinued at any time.

• No guarantees are provided regarding the duration or availability of free features.

Payments

• All fees are payable in advance.

• Prices may be displayed in various currencies.

• Applicable taxes, duties, levies, or governmental charges may be added where required.

• You are responsible for all applicable taxes associated with your use of the Services.

Refunds

• Refund eligibility is governed exclusively by the ChatiWa Refund Policy.

• Approval of refunds remains subject to the conditions outlined in the Refund Policy.

• Use of platform resources, activation of services, or consumption of subscription benefits may affect refund eligibility.

Acceptable Use

• You agree to use ChatiWa lawfully and responsibly.

• You shall not use the Services for:

• Illegal activities

• Fraudulent activities

• Spam distribution

• Unauthorized marketing

• Harassment

• Abuse

• Deceptive practices

• Malware distribution

• Phishing

• Identity theft

• Copyright infringement

• Trademark infringement

• Unauthorized data collection

• Security attacks

• Platform abuse

• Circumvention of platform limitations

Messaging Compliance

• You are solely responsible for messages sent through ChatiWa.

• You must obtain all required permissions, consents, and authorizations before contacting individuals.

• You must comply with:

• WhatsApp policies

• Meta policies

• Telecommunications regulations

• Anti-spam laws

• Privacy laws

• Consumer protection laws

• Marketing regulations

User Content

• You retain ownership of content you upload or submit.

• You grant BrainGrid Digital a limited license to host, process, transmit, display, store, and otherwise use such content solely for providing the Services.

• You represent and warrant that you possess all rights necessary to upload and use such content.

Prohibited Content

• You may not upload, distribute, store, or transmit:

• Illegal content

• Defamatory content

• Fraudulent content

• Infringing content

• Harmful software

• Malware

• Viruses

• Content promoting unlawful activities

• Content violating third-party rights

Artificial Intelligence Features

• Certain features may utilize artificial intelligence, machine learning, or automated technologies.

• AI-generated outputs may contain inaccuracies.

• Users remain responsible for reviewing and approving all generated content before use.

• BrainGrid Digital does not guarantee the accuracy, completeness, legality, or suitability of AI-generated outputs.

Third-Party Services

• ChatiWa may integrate with third-party platforms and services.

• Examples may include:

• WhatsApp Business Platform

• Meta services

• Payment processors

• CRM systems

• Analytics services

• Cloud infrastructure providers

• Your use of such services may be subject to separate terms and policies.

• BrainGrid Digital is not responsible for third-party services.

Availability

• We strive to provide reliable service availability.

• However, uninterrupted operation cannot be guaranteed.

• Service interruptions may occur due to:

• Maintenance

• Upgrades

• Technical failures

• Security incidents

• Third-party outages

• Force majeure events

Service Modifications

• We may modify, suspend, restrict, or discontinue any feature or portion of the Services at any time.

• We are not obligated to maintain any specific feature indefinitely.

Intellectual Property

• ChatiWa, its software, branding, designs, code, interfaces, documentation, trademarks, logos, graphics, and related materials remain the exclusive property of BrainGrid Digital or its licensors.

• No ownership rights are transferred to users.

• Users receive only a limited, revocable, non-exclusive, non-transferable license to access and use the Services.

Feedback

• Any suggestions, recommendations, ideas, comments, or feedback submitted to us may be used without restriction.

• BrainGrid Digital may use such feedback without compensation or attribution.

Suspension and Termination

• We may suspend, restrict, or terminate accounts at any time if:

• These Terms are violated

• Applicable laws require action

• Security concerns arise

• Fraud is suspected

• Abuse is detected

• Payment obligations remain unpaid

• Suspension or termination does not automatically create entitlement to a refund.

Customer Responsibility

• Customers are solely responsible for:

• Account activity

• User permissions

• Uploaded content

• Messaging campaigns

• Regulatory compliance

• Data accuracy

• Contact list management

Disclaimer of Warranties

• ChatiWa is provided on an "as is" and "as available" basis.

• To the maximum extent permitted by law:

• No warranty of uninterrupted service is provided.

• No warranty of error-free operation is provided.

• No warranty of fitness for a particular purpose is provided.

• No warranty of merchantability is provided.

• No warranty of non-infringement is provided.

• No warranty regarding third-party services is provided.

Limitation of Liability

• To the maximum extent permitted by law, BrainGrid Digital, its owners, directors, employees, affiliates, licensors, suppliers, contractors, and partners shall not be liable for:

• Indirect damages

• Incidental damages

• Special damages

• Consequential damages

• Punitive damages

• Lost profits

• Lost revenue

• Lost data

• Business interruption

• Loss of goodwill

• Regulatory penalties

• Third-party claims

Maximum Liability

• To the maximum extent permitted by law, the total aggregate liability of BrainGrid Digital arising from or relating to the Services shall not exceed the total amount paid by the customer to ChatiWa during the three (3) months immediately preceding the event giving rise to the claim.

Indemnification

• You agree to defend, indemnify, and hold harmless BrainGrid Digital and its affiliates, officers, employees, contractors, agents, licensors, and partners from any claims, damages, losses, liabilities, costs, expenses, penalties, fines, or legal fees arising from:

• Your use of the Services

• Your content

• Your messaging activities

• Your violation of these Terms

• Your violation of applicable laws

• Your violation of third-party rights

Force Majeure

• BrainGrid Digital shall not be liable for delays, interruptions, or failures caused by events beyond reasonable control, including:

• Natural disasters

• Internet outages

• Government actions

• Civil unrest

• Labor disputes

• Telecommunications failures

• Cyberattacks

• Infrastructure outages

Governing Law

• These Terms shall be governed by and interpreted in accordance with the laws applicable to BrainGrid Digital's principal place of business, without regard to conflict-of-law principles.

Dispute Resolution

• Parties agree to attempt good-faith resolution of disputes before initiating formal legal proceedings.

• BrainGrid Digital reserves the right to determine the appropriate dispute resolution process to the maximum extent permitted by applicable law.

Severability

• If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

• Failure to enforce any provision shall not constitute a waiver of future enforcement.

Assignment

• BrainGrid Digital may assign or transfer its rights and obligations under these Terms without restriction.

• Users may not assign their rights or obligations without prior written consent.

Entire Agreement

• These Terms, together with the Privacy Policy, Refund Policy, and any additional legal documents published by ChatiWa, constitute the entire agreement between the parties regarding the Services.

Changes to These Terms

• BrainGrid Digital may update these Terms at any time.

• Updated versions become effective upon publication unless otherwise stated.

• Continued use of ChatiWa after updates constitutes acceptance of the revised Terms.

Contact Information

• Product: ChatiWa

• Owner and Operator: BrainGrid Digital

• Website: https://chatiwa.com

• Email: [support@chatiwa.com](mailto:support@chatiwa.com)

Acceptance

• By accessing, registering for, purchasing, or using ChatiWa, you acknowledge that you have read, understood, and agreed to these Terms of Service.