Terms & Conditions
1. Overview
Welcome to chatmaite! We, EICHAT Pty Ltd (ACN 624 281 965) (“we”, “us”, or “our”), provide a wide range of services, including chat application with imbedded AI chatbots.
Chatmaite (“App”) is owned and operated by us. Please read these terms (“Terms”) and our Privacy Policy carefully as they govern and apply to all and any use, access and availability of our services (collectively, “Service”). If you do not agree to the Terms and our Privacy Policy, please refrain from using the App and our Service.
These Terms may be amended by us at any time, and by continuing to use the App, you accept the Terms as they apply from time to time.
2. Access to App
To access our Service, you may register for a member account (“Account”) on this App. By signing up for an Account, you accept the Terms and Privacy Policy as a condition of joining as a member (“Member”).
As part of the registration process and as a condition of your access to our Service, you may create one Account only and provide us with your current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, profile picture and valid phone (“Registration Data”).
If your Registration Data changes, you must promptly update your Account to reflect those changes.
As a Member of this App, you agree that:
your access to and use of our Service on the App is non-transferable;
you will use our Service only for purposes permitted by the Terms;
you are responsible for maintaining the confidentiality of your Registration Data at all times;
we may deny anyone access to an Account, our Service or the App at any time and for any reason without notice; and
we are not obliged to confirm the identity of the App users.
By registering for an Account, you agree that we may send you text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving SMS messages from us by contacting us and you acknowledge that opting out of receiving SMS messages may impact your use of our Service.
3. Use of App
By accessing the App, you shall:
use the App and its Service for lawful purposes only;
not commit any act, engage in any practice or omit to commit any act that:
is illegal or harmful to our systems, reputation or goodwill; or
interferes with the integrity of the App, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
not create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
not restrict, or attempt to restrict, another user from using the App; or
not encourage or facilitate violations of the Terms.
4. Use of Service
Your cooperation in complying with these Terms is essential to ensure that all Members can enjoy their experience on the App. Without limiting any other provision of the Terms, you also agree not to do any of the following:
use the Service in any illegal manner, including but not limited to infringing any third-party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other services or products;
use the Service as part of a trademark, design mark, tradename, business name, service mark, or logo;
falsely represent that you are the original provider of our Service; or
modify, adapt, merge, decompile, disassemble, reverse engineer or create derivative works out of the Service.
5. Payment and Refund
Where the option is given to you, you may make payment for the Service (“Payment”) by way of credit or debit card payment (“Credit Card”).
All Payments are made in Australian Dollars (AUD) and may be converted to your local currency at the time of your order.
You agree and acknowledge that we can vary any fees or costs related to our Service at any time. You will be notified of changes or variations.
You are responsible for ensuring your Payment details are correct. Changes to Payment details can be made by contacting us at our contact details in clause 19. If your Credit Card expires or your Payment method is invalid, access to our Service may be disabled or revoked.
We have the right to deny any Member access to the Service or terminate any Member’s Account if we are unable to process the applicable fees.
Except as required by law, we are under no obligation to refund any Payment made by you, in part or in full, for any reason, including, without limitation, deactivation of your Account or discontinued use of our Service.
6. Intellectual Property
The App, our Service and all of our related products or services are subject to copyright. The material on the App is protected under the laws of Australia and through international treaties.
In these Terms, “Intellectual Property (Rights)”, in relation to this App, means all intellectual property rights, including all copyright, patents, trade-marks, design rights, trade secrets, circuit layouts, source code, domain names, logos, button icons, scripts, design elements, graphics, know-how and other rights of a similar nature worldwide, whether registered or unregistered, and any applications for registration or rights to make such an application.
We own or are the licensee of all rights, title and interest (including Intellectual Property) in the App or to the material (including all text information and content, graphics, logos and software) made available to you on the App (collectively, “App Content”). Your use and access of the App do not grant or transfer any rights, title or interest to you in relation to the App Content.
We retain all rights, title and interest in and to our Service and the App. Nothing you do on or in relation to our Service or the App will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process).
You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer or sell any App Content or any other material in whatever form contained within the App unless expressly stated otherwise in these Terms.
The obligations accepted by you under this clause survive termination or expiry of these Terms.
7. Licences and User Content
We grant you a limited, worldwide, non-exclusive, royalty-free, and revocable licence (“Licence”) to electronically access and use the App and our Service in accordance with these Terms.
You are solely responsible for any material, content or data that you:
post, publish or otherwise transmit through the App, if available; or
obtain through accessing or using the App
(collectively, “User Content”).
Your User Content must:
not infringe any law, third party intellectual property rights or any other contractual or proprietary rights of a third party; and
not harass, bully or intimidate any person.
chatmaite does not claim ownership of the User Content or any other information that our users submit for their Accounts or through our Service. You must have the necessary rights to such information that you submit for your chatmaite Account or through our Service and the right to grant the rights and licences in our Terms.
You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, distribute, create derivative works of, display, and perform the User Content that you upload, submit, store, send or receive on or through our Service. The rights you grant in this licence are for the limited purpose of operating and providing our Service (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers as we try to deliver them, and otherwise as described in our Privacy Policy).
The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to notify us of any inappropriate or illegal content. We reserve the right to remove any User Content for any reason without prior notice.
8. Third-Party Links
The App may contain links and other pointers to applications operated by third parties. We do not control these third-party sites and are not responsible for the contents of those sites. Your access to any such site is entirely
9. Privacy
By setting up and using the App, you will be asked to provide us with personal information. We will collect, use and disclose any personal information which you provide to us when accessing the App in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.
10. Exclusions and Limitation of Liability
10.1 Exclusions
To the maximum extent permitted by law, we exclude all representations and warranties relating to the subject matter of these Terms, our App and the use of our Service. This exclusion includes, but is not limited to:
the completeness, truth, suitability, quality or accuracy of the information or Service descriptions published on our App (including third-party material and advertisements);
whether any result or objective can be achieved or attained by accessing the App;
any other user’s conduct; or
that the information on the App is current.
We do not warrant or represent:
our Service will meet your requirements or expectations;
the accuracy of the captioning, keywording, heading, or any other information, representation or thing depicted on or associated with the App;
that the App or any Service on the App will remain available, uninterrupted, timely, or error free; or
that any errors or defects on the App or our Service will be corrected.
10.2 Limitation of liability
You use our Service at your own risk and everything on the App is provided to users “as is” and “as available”. None of our affiliates, directors, officers, employees, agents, contributors and licensors makes any representation or warranty about our Service referred to on the App. This includes, without limitation, loss or damage which you may suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, virus or any other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
costs incurred as a result of you using the App and our Service; or
any defamatory, threatening, offensive or unlawful conduct by third parties, or publication of any materials relating to or constituting such conduct.
Pursuant to section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), this clause 8.2 applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited at our option to:
re-supply of services; or
the payment of the direct cost of re-supply of services.
11. Indemnity
You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the App, any User Content, your breach of the Terms or any rights of third parties, except to the extent that we directly caused or contributed to the loss, damage, liability, claim or expense.
We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
12. Termination
(a) You can terminate the Terms with us at any time by deleting your Account or removing the App on your device.
(b We may at any time, terminate the Terms with you if:
(i) you have breached any provisions of the Terms;
(ii) we are required to do so by law; or
(iii) the provision of our Service to you by us is, in our opinion, no longer commercially viable.
(c) We reserve the right to:
(i) cease operating the App, without notice and for any reason; or
(ii) to terminate our relationship with you without notice and with immediate effect, if you, in any way, breach the Terms.
(d) If one of the events described in clause 12(b) and (c) occurs, then:
(i) you will not have any access to the App or User Content; and
(ii) we will not be liable for any losses arising as a result of terminating your access to the App.
13. Disputes
A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement unless it has complied with this clause 13. A party claiming that a dispute has arisen must notify the other party to the dispute giving details of the dispute.
During the 15-Business Day period after notice is given (or any longer period agreed in writing by the parties to the dispute) (Initial Period) each party to the dispute (Disputant) must cooperate and take all reasonable steps necessary to resolve the dispute.
If the Disputants are unable to resolve the dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation to a mediator agreed on by the Disputant.
If the Disputants are unable to agree on a mediator within 7 days after the end of the Initial Period, then the parties must submit the dispute for mediation through the Law Society of New South Wales and have the president of that Law Society appoint a Mediator and set the matter for mediation.
The role of the mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.
The mediation will be held in New South Wales, Australia.
After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to the dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within 30 Business Days after commencement of dispute resolution.
All communications concerning negotiations made by the Disputants in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
14. No Waiver
No waiver of rights in these Terms, any of our policies, or agreement between us and an App user shall constitute a subsequent waiver of this or any other right under these Terms.
Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
15. Entire Agreement
These Terms shall constitute the entire agreement between you and us in relation to your use of the App and our Service and shall supersede all previous agreements between you and us.
16. Severability
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent that it will not affect the enforceability or validity of the remaining provisions.
17. Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms.
18. Force Majeure
Force Majeure means an event which is beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, fires, acts of God, and governmental action. Neither you or we shall be deemed to be in breach of these Terms for any delays or failures in the performance of either party which results from a Force Majeure.
19. Feedback and Contact
Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the App and our Service (“Feedback”). You may submit Feedback by contacting us at admin@chatmaite.com
© 2018 EICHAT PTY LTD. ALL RIGHTS RESERVED.
Terms last updated 21/08/2018.