Terms of Use

Effective Date: March 10, 2023.

Please review these Terms of Use ("Terms") with caution. By using ChatFast, creating an account, or purchasing a monthly subscription ("Subscription"), you are consenting to these Terms, which will establish a legal contract between you and ChatFast ("Agreement"). We'll begin with the basics, including some definitions that will help you understand these Terms. ChatFast ("ChatFast," "we," or "us") is a software as a service (SaaS) platform for building GPT chatbot (AI Assistant) from your own data and embed it on the website. The App is available exclusively through our website, https://www.chatfast.io, and any other website or mobile application owned, operated, or controlled by us (collectively referred to as the "Website," and together with the App, the "Service"). The App is provided solely through a paid monthly subscription that is billed on a monthly recurring basis. ChatFast is a limited liability company whose legal name is ChatFast LLC. ChatFast has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that's a customer of the Service, you're a "Member" according to this Agreement (or "you"). ChatFast and Member may hereafter be collectively referred to as the "Parties".

These Terms of Use outline the terms and conditions under which you're permitted to make a purchase and use the Service in accordance with the Agreement, and how we'll manage your account while you're a Member. If you disagree with these Terms, you must immediately stop using the Service.

Your failure to cancel your Subscription or Account, or cease to use the Service affected by the amendment will constitute your silent acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to stop using the Service. ChatFast shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall ChatFast have any obligation to prorate any fees in such circumstances.

The information provided on the Website may be altered by ChatFast without prior notice.

Simply placing an order on the Website implies acceptance, without reservation, of these Terms.

Scope of this agreement

The Service is governed solely by this Agreement and other documents which may be executed by the Parties in this regard.

1. Eligibility

In order to use the Service, you must:

Be at least eighteen (18) years old and able to enter into contracts;
Complete the account registration process
Agree to these Terms;
Provide true, complete, and up-to-date contact and billing information;
not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and
not be listed on any U.S. government list of prohibited or restricted persons.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. You have access to and may become familiar with the Terms directly on the Website. These Terms may be altered at any point in time, at the discretion of ChatFast. Enforceable terms and conditions consist of those published on the Website, binding as of their date of registration. At all times, you are solely responsible for remaining knowledgeable about, and in compliance with, these Terms.

ChatFast may refuse service, close accounts of any Members, and change eligibility requirements at any time.

2. Term

When you sign up for an account and agree to these Terms, the Agreement between you and ChatFast is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a ChatFast account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. Changes

We may change any of the Terms by posting revised Terms on our Website. Unless you terminate your account, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.

If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease to use ChatFast’s solutions. ChatFast shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall ChatFast have any obligation to prorate any fees in such circumstances. The information given on the said Website may be modified by ChatFast without prior notification. The simple act of placing an order on the Website implies acceptance, without reserve, of the present Terms.

4. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that ChatFast is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

You may not sell or charge others for the right to use your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by these Terms and Conditions. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by these Terms of Use.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.

You also understand and acknowledge that Accounts are user rights binding you to such an Account, and that ChatFast does not recognize any transfer of Accounts (including transfers by operation of law) from one Member to any third party. Each customer shall be the sole holder of their own Account.

5. Termination

At ChatFast, we highly regard our clients and strive to ensure their satisfaction. If you wish to terminate your service, kindly reach out to our support team via email at your earliest convenience. To terminate your service, you are required to send a request to our support team at support@chatfast.io. Your email should have the subject line “Termination Request”. Please include your full name, the email linked to your account, and the reason for termination in the body of the email. We will process your termination request promptly. Please be aware that a confirmation from our support team is necessary to finalize the termination. We appreciate your patronage and thank you for choosing ChatFast. If you have any queries or concerns, feel free to contact our support team.

You are responsible for any subscription charges incurred prior to the completion of your termination, and these charges are non-refundable. Terminating a subscription does not entitle you to any refund for any charges or fees. ChatFast reserves the right to collect fees, surcharges, or costs incurred before the termination of your account. Furthermore, you are responsible for any charges incurred to third-party vendors or content providers prior to your termination.

ChatFast may terminate your account at any time if (a) ChatFast discontinues the service, or (b) you violate any terms of this Agreement (including any Subscription Terms or Rules of Use). If your account is terminated or cancelled by ChatFast for a violation of these Terms of Use or improper or illegal activity, no refund, including of any Subscription fees or of any unused funds in your account, will be granted.

We may suspend the service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your chatbots, chat historys, contact information. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

6. Refunds

If we terminate your account without cause, we will refund the remainder of a prepaid month. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.

7. Chargebacks

If we record a decline, chargeback or other rejection of a charge of any payable Fees on your ChatFast account (“Chargeback”), this will be considered as a breach of your payment obligations, and your use of the Service may be automatically disabled or terminated.

In the event a Chargeback is performed, your Account may be blocked without the option to repurchase or re-use it, and any data contained in such Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 5 below).

Your use of the Service will not resume until you re-subscribe, and pay any applicable Fees in full, including any fees and expenses incurred by ChatFast and/or any Third Party Services for each Chargeback received (including Fees for Service provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made to ChatFast, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Service from being cancelled and your Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Service purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the Member responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

8. Loss of Data, Content and Capacity

If your User Account or any subscription related to your User Account are cancelled (whether at your request or at ChatFast’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). ChatFast shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any ChatFast Services following their cancellation, as determined by ChatFast in its sole discretion.

9. Orders and Use of the Service

The Service is offered through a paid monthly subscription. When you sign up for an Account or Subscription on our website, you are authorizing us to immediately bill you using the credit card information that you provided, and to bill you the monthly Subscription fee each month for the duration of the Term. New subscriptions purchased on the 1st day of the month through the 25th day of the month will renew and be billed on the same day of each month thereafter. New subscriptions purchased from the 26th day of the month through the 31st day of the month will be renew and be billed on the 25th day of each month thereafter. For example, the first renewal and billing date of a subscription purchased on January 4th will be February 4th of the same year. The first renewal and billing date of a subscription purchased on January 29th will be February 25th of the same year. Subscription fees will not be prorated under these circumstances.

Orders shall be placed exclusively via the Internet on our Website. Automatic order confirmation errors may occur. Please check the automatic e-mail order confirmation for errors and inform us immediately of any discrepancies. You guarantee that all data provided during registration is true, accurate, up-to-date and complete.

ChatFast reserves the right to cancel or refuse any order from a Customer that has litigated or disputed a previous order’s payment.

You consent to receive sales invoices electronically. For each monthly subscription renewal, your electronic invoice will be accessible on the Website. For further information about electronic invoices, please contact our team at support@chatfast.io.

10. Payment

At the time of purchase, you will have the possibility to pay with all displayed payment methods. Any other methods will not be endorsed.

ChatFast uses SSL (Secure Socket Layer) encryption technology for your transactions. Your banking information is not stored by ChatFast. Stored banking information is stored by the Payment Service Provider to bill monthly subscription renewals. Therefore, ChatFast does not have access to private banking details and credit history at any point. To prevent abuses and fraud, ChatFast only stores your address and the transaction time and date. This data remains strictly confidential.

Any attempted fraud or deception, regardless of scope, will immediately lead to further action, as part of which all related transaction data might be forwarded to the authorities.

When you provide payment information to ChatFast or to one of its payment service providers, you establish that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize ChatFast to charge your credit card or to process your payment with the chosen third-party payment service provider for any purchases or fees chargeable to your account. ChatFast may require you to provide your address or other information in order to meet the ChatFast’s obligations under applicable tax law.

For subscriptions purchased, based on an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription, you agree and reaffirm that ChatFast is authorized to charge your credit card, or to process your payment with any other applicable third-party payment processor (such as PayPal), for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify ChatFast promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify ChatFast promptly if your credit card or PayPal or other payment account expires or is canceled for any reason.

If your use of the Service and purchases are subject to any type of use or sales tax, then ChatFast may also charge you for those taxes, in addition to the Subscription or other fees published in the Terms.

You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on account eligibility, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to your Account.

11. Ownership Rights

ChatFast does not provide any representations or warranties, either explicit or implied, concerning any third-party site. Specifically, ChatFast does not assure or guarantee that any service or subscription offered through third-party vendors will remain unchanged or will not be suspended or terminated.

12. Warranty Disclaimer

SUBJECT TO APPLICABLE LAW, CHATFAST DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE PRODUCTS AND SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT.

FURTHER, CHATFAST DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE PRODUCTS WILL MEET CUSTOMER’S OR ANY THIRD PARTY’S EXPECTATIONS.

13. Liability Restrictions

ChatFast shall not be held accountable for the outcomes resulting from adherence to the content of advice, articles, or other publications on the https://www.chatfast.io website or the Service, including the content provided by the AI chatbot. You understand that the AI chatbot that supplies the content in the Service and/or the Website is not an expert and may be incorrect, and its responses or advice should not be solely relied upon. Specifically, it cannot substitute any professional advice. ChatFast shall not be held responsible to the customers of the User for the utilization of the Service and the Content provided by the Service to the User’s customers. ChatFast shall not be held responsible for the outcomes of installing or transmitting any harmful software, phishing or any other activities carried out by other entities to the Service. ChatFast shall not be held accountable for any interruptions in the operation of the Service. ChatFast shall not be held responsible for the outcomes of events known as force majeure, including but not limited to power failures, fires, atmospheric phenomena, wars, riots, strikes, and other similar events that are beyond the control of ChatFast. UNLESS PROHIBITED BY LAW, YOU AGREE TO INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT OCCURS (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INITIATED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE TERMS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF CHATFAST HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNLESS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF CHATFAST, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

14. License and User Rights

Under these Terms, you are granted a limited and non-exclusive right to use one (1) copy of Service delivered to you by ChatFast on a computer or laptop. You are not permitted to copy, modify, or decompile any software in the Service, extract its source code, create any derivative item from it, or remove any indication of the software's name or manufacturer. You are solely permitted to use the Service for personal use and may not pass it on, sell, transfer or lend it to a third party.

ChatFast may require the automatic download and installation of software onto your computer. ChatFast hereby grants, and you accept, a limited, terminable, non-exclusive license and right to use the software for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Terms of Use) in accordance with these Terms of Use. The software is licensed, not sold. Your license confers no title or ownership in the software.

You may not use the Internet source code or any of ChatFast’s software for any purpose other than permitted by these Terms. Except as otherwise permitted under these Terms, or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from ChatFast’s software without the prior consent, in writing, of ChatFast.

You are entitled to use ChatFast’s software for your own personal use, but you are not entitled to:

(i) sell, grant a security interest to other parties in any way, nor to rent, lease or license your Account rights to others without the prior written consent of ChatFast, except to the extent expressly permitted elsewhere in these Terms of Use; (ii) exploit ChatFast Software for any commercial purpose, except as expressly permitted elsewhere in these Terms of Use.

ChatFast grants you a limited, non-exclusive, non-transferable, non- sub licensable license to access and make personal use of ChatFast services.

15. Notices

In any case where a notice or another form of communication with ChatFast is to be given or made pursuant to any provision of this Agreement, such notice or communication shall be issued to support@chatfast.io.

16. Waiver

Either Party’s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of any such rights.

17. Entire Agreement

This Agreement is the entire agreement between the Parties as to the matters set forth herein and supersedes any such prior agreement or communication. Any subsequent waiver or modification of this Agreement, or any part of it, shall only be effective if reduced to writing and signed and dated by both Parties.

18. Intellectual Property

The entire content of the Website (texts, illustrations and computer code) is the property of ChatFast or their co-contractors.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of ChatFast.

ChatFast’s trademarks and trade dress may not be used in connection with any product or service that is not provided by ChatFast, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ChatFast. All other trademarks not owned by ChatFast that appear in the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ChatFast.

All intellectual property rights in and to the Products and Services, including all patent rights, copyrights, trademarks, trade secrets or other proprietary rights therein shall be and remain the sole property of ChatFast.

19. Links to Third Party Websites

ChatFast’s software may contain links to other websites. ChatFast does not have any control over these other websites and is not responsible for their content or security. If a Member clicks on a link to such website, he/she does so at his/her own risk and is subject to the privacy policy, and terms and conditions of that website.

20. Confidentiality

Personal data you provide shall not be given to any third party other than ChatFast, and ChatFast’s service providers (such as payment and delivery services).

By placing an order via the Website, you commit to providing accurate and true information. Your personal data is indispensable for the dispatch of the Service and invoice. If personal data is not provided the order shall be cancelled. Your personal data shall be used to deliver the Service, to inform you of new offers from ChatFast, and to contact you should a problem arise concerning the order. ChatFast shall not be held responsible for the use of any data provided to us.

Regarding further information on the privacy and processing of your personal data, please refer to our Privacy Policy, available on the Website. These Terms are prevalent to the Privacy Policy, should any conflict ensue. Please refer yourself to these Terms of Use as a reference for your purchases and rights through your interaction with ChatFast.

21. Responsibilities

By agreeing to these Terms, you acknowledge that they are not intended to bestow any rights or remedies upon any individual other than the parties involved in these Terms.

While using ChatFast's software, you may also utilize the services of one or more third parties, such as a payment service provider. Your use of these third-party services may be governed by their individual policies, terms of use, and fees. We recommend you to review these third-party policies.

You understand that your connection to the Website and use of its services is at your own risk. ChatFast does not accept any liability for any direct or indirect damages a user or a third party may incur for any reason whatsoever related to the Website, including but not limited to inability to access or log in to the Website, or any operational issues with the Website. While ChatFast will strive to ensure the availability of its services, we cannot guarantee the quality of networks outside our control. Technical interruptions may occur, and while we will strive to inform our customers about the reasons for any interruption, we do not accept any responsibility for any delays. ChatFast is not responsible for any loss of your data and advises customers to maintain personal copies of their files. We are not liable for any failure to fulfill our contractual obligations due to unforeseen circumstances, unavoidable accidents, or Acts of God as defined by the applicable laws and precedents.

In no event will ChatFast be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with the software, and any information available in connection therewith, or inability to use the software, even in the event of ChatFast’s or its affiliates’ fault, tort (including negligence), strict liability, breach of contract, or breach of warranty and even if ChatFast has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

You agree to defend, indemnify and hold harmless ChatFast, its licensors, and its and their affiliates from all liabilities, claims and expenses, including attorneys’ fees, that arise from or in connection with breach of these Terms of Use or the use of the software, by you or any person(s) using your Account. ChatFast reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to ChatFast in that matter. This section regarding obligations shall survive termination of these Terms of Use.

If you provide ChatFast with any feedback or suggestions, ChatFast is free to use the feedback or suggestions however it chooses, without any obligation to account to you.

ChatFast and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

ChatFast may inform you through an online notice in the case of systems’ maintenance, and shall not be held responsible for any ensuing delays or consequences.

22. Public Statements by Users

Users may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on the Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the Service, please notify us by contacting our customer support at support@chatfast.io and we will respond.

If you post content or submit material, and unless we indicate otherwise, you grant: (a) ChatFast a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) ChatFast, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to ChatFast including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is true and accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify ChatFast for all claims brought by a third party against ChatFast arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.

If you believe that any content on, or within a product advertised for sale on, the Website contains a defamatory statement, please notify ChatFast immediately.

23. Governing Law – Jurisdiction

PLEASE NOTE THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, CHATFAST, ITS LICENSORS, AND ITS AND THEIR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree that these Terms of Use are considered to have been established and executed in the State of New Hampshire, and any dispute arising from this agreement shall be resolved in accordance with the law of New Hampshire. Subject to Dispute Resolution by Arbitration below, you agree that any claim asserted in any legal proceeding by you against ChatFast shall be initiated and maintained exclusively in New Hampshire, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under these Terms of Use, the prevailing party will be entitled to attorneys’ fees and expenses.

Nothing in these Terms of Use limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.

If any of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

DISPUTE RESOLUTION BY ARBITRATION

Most user concerns can be resolved by use of our support at support@chatfast.io. If we are unable to resolve your concerns and a dispute remains between you and us, this section explains how we agree to resolve it.

YOU AND CHATFAST AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF THE WEBSITE, YOUR ACCOUNT OR CHATFAST SOFTWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.

However, this Section does not apply to the following types of claims or disputes, which you or ChatFast may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy or theft.

This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.

Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND CHATFAST ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

You and ChatFast agree to make reasonable efforts, in good faith, to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and ChatFast do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or ChatFast may commence arbitration. Written notice to ChatFast must be sent via postal mail.

YOU AND CHATFAST AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and ChatFast also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and ChatFast agree that it shall not be severable, that this entire section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.

Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.

These terms shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions, of this section alone, such provisions will not apply to you.

Except as otherwise expressly stipulated in these Terms of Use, in the event that any provision of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. These Terms of Use, ChatFast’s Privacy Policy and the Members Programs Terms and Conditions constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

If you believe that your rights are being infringed, please contact us at support@chatfast.io. We respond expeditiously to rights owners and their agents to communicate concerns about any alleged infringement.

Upon receipt of your infringement notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, for all of which we hold an unmitigated discretion to execute. Furthermore, by submitting an infringement notice, you grant ChatFast the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your infringement notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify ChatFast for all claims brought by a third party against ChatFast arising out of or in connection with the submission of your infringement notice.