Terms and conditions

Last Modified: 22th Sep 2021

SmartLink Pty Ltd (“UChat”, “SmartLink”,  “Owner”, “we”, or “us”) provides an online software platform that allows developers, individuals, companies and agencies (the “Customers”) to build, manage and host chatbots. These Terms of Service (these “Terms”) shall govern the use of UChat (“UChat”, “The Application”, “Service”).

By clicking on the “I Agree” button, registering for an account, downloading the App, using the Services, or participating in any interaction facilitated by the Services, you acknowledge and agree to be bound by these Terms of Service. If you do not agree, you must refrain from accessing or using the Services.

This Agreement applies to all users of the Services, including, without limitation, browsers, vendors, customers, merchants, content contributors, business owners, and agencies.

Table of Contents

1. Our Services
2. Account, Password, and Security
3. Agencies and Business Owners
4. User-Generated Content
5. Communication by Text Message or Email
6. Prohibited Uses
7. Billing and Payment
8. Termination and Suspension
9. Ownership and Intellectual Property Rights
10. Indemnification
11. Dispute Resolution
12. Changes to the Agreement
13. Notices and Consent to Receive Notices
14. Contacting Us

1. Our Services

UChat provides a platform for creating and deploying automated chat flows across various messaging services, social media platforms, and other third-party integrations.

By accessing or purchasing our Services, you agree to abide by this Agreement. In cases where a separate written agreement governs your use of the Services, that agreement will take precedence if conflicts arise.

2. Account, Password, and Security

To access the Services, you must register and create an account (“Account”). You agree to:

• Provide accurate, complete, and current information during registration.
• Maintain the confidentiality of your login credentials.
• Accept full responsibility for all activities under your account.

If you suspect unauthorized account use or a security breach, you must notify UChat immediately at [email protected].

3. Agencies and Business Owners

• Business Owners: Individuals or entities that use UChat to market, support, or develop their business.
• Agencies: Third-party service providers managing UChat accounts on behalf of Business Owners.

Agencies must:

1. Identify Business Owners as administrators on the relevant accounts.
2. Ensure compliance with all UChat policies.

Business Owners retain ultimate responsibility for the account and payments.

4. User-Generated Content

User-generated content includes all materials uploaded, submitted, or shared through UChat. You are solely responsible for ensuring:

• Content is accurate and lawful.
• It does not infringe on third-party rights.
• It complies with UChat’s content guidelines.

UChat reserves the right to remove content that violates these terms.

5. Communication by Text Message or Email

By using UChat, you consent to receiving messages, reminders, and notifications via email or SMS for the purposes of:

• Service improvements.
• Account updates.
• Marketing communications (with consent).

You may opt out of communications by emailing [email protected] or managing your settings.

6. Prohibited Uses

Users may not use the Services for unlawful activities, harassment, spamming, or violating third-party rights. Examples of prohibited activities include, but are not limited to:

• Uploading malicious code.
• Transmitting unsolicited messages.
• Interfering with platform operations.

Violations may result in account suspension or termination.

7. Billing and Payment

All subscription plans, usage-based fees, and payment terms are outlined on our website (www.uchat.com.au). Payments are processed via a third-party payment provider.

Refund Policy: Refunds will be issued in compliance with Australian Consumer Law.

8. Termination and Suspension

We may terminate or suspend your account for any reason, including violation of these Terms. Upon termination:

• Your account access will be revoked.
• UChat reserves the right to delete all associated data.

You may cancel your account by contacting [email protected].

9. Ownership and Intellectual Property Rights

All intellectual property rights associated with UChat, including trademarks, copyrights, and proprietary software, remain the exclusive property of UChat.

Users retain ownership of content they create but grant UChat a license to host and process it as part of the Services.

10. Indemnification

You agree to indemnify UChat and its affiliates from claims or liabilities arising from:

• Your use of the Services.
• Breach of these Terms.
• Violations of applicable laws or regulations.

11. Dispute Resolution

Governing Law: These Terms are governed by the laws of Victoria, Australia.
Dispute Process: In the event of a dispute, users agree to resolve issues through mediation before initiating legal action.

12. Changes to the Agreement

UChat reserves the right to update these Terms of Service at any time. Significant changes will be communicated via email or platform notifications. Continued use of the Services constitutes acceptance of the updated terms.

13. Notices and Consent to Receive Notices

You consent to receive all communications, including updates to these Terms, electronically.

14. Contacting Us

For questions about these Terms of Service, contact us:

• Email: [email protected]
• Address: Suite 6/6-8 Hamilton Pl, Mount Waverley VIC 3149

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