Terms & Conditions | Whatching

1. Introduction

Welcome to Whatching. These Terms of Service govern your access to and use of our services, including our website, mobile application, and any other software or services provided by Whatching (collectively referred to as "Services"). By accessing or using our Services, you agree to be bound by these Terms.

2. Acceptance of Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Whatching ("Whatching", "we", "us", or "our"), concerning your access to and use of the https://www.whatching.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). We are registered in India and have our registered office at 6/8A Kustia Road, Kolkata, West Bengal, 700039. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions, including the User Agreement posted on the Site, which are incorporated into these Terms and Conditions.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

3. Changes to the Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms. Your continued use of our Services following the posting of changes constitutes your acceptance of those changes.

4. Eligibility

To use our Services, you must be at least 18 years old and capable of forming a binding contract. By using our Services, you represent and warrant that you meet these eligibility requirements.

5. Account Registration

To access certain features of our Services, you may need to register an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Two-factor authentication (2FA) is mandatory for all user accounts due to security reasons. You agree to enable and maintain 2FA on your account as required by Whatching. Failure to comply may result in restricted access or suspension of your account until 2FA is enabled.

6. Use of Services

You agree to use our Services only for lawful purposes and in compliance with all applicable laws. You are prohibited from using our Services to:

• Engage in any illegal activities.

• Distribute harmful or malicious software.

• Infringe upon the intellectual property rights of others.

• Interfere with or disrupt the operation of our Services.

7. Fees and Payment

We accept the following forms of payment:

- Visa

- Mastercard

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in INR/USD.You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

8. free trial

We offer a 7-day free trial to new users who register with the Site. The account will not be charged during the free trial. At the end of the free trial, users may upgrade to a paid version to continue using paid Services.

9. Cancellation

You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at hello@whatching.com

10. User Content

You may be allowed to submit, post, or upload content (e.g., text, images, videos) to our Services ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content in connection with our Services. You retain ownership of your User Content but agree that we may use it in accordance with these Terms.

11. Intellectual Property

All intellectual property rights in our Services, including software, text, graphics, logos, and trademarks, are owned by Whatching or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use our Services for personal or internal business use only. You may not copy, modify, distribute, or create derivative works from our Services without our prior written consent.

12. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.Use any information obtained from the Site in order to harass, abuse, or harm another person.

• Make improper use of our support services or submit false reports of abuse or misconduct.Use the Site in a manner inconsistent with any applicable laws or regulations.

• Engage in unauthorized framing of or linking to the Site.Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

• Delete the copyright or other proprietary rights notice from any Content.Attempt to impersonate another user or person or use the username of another user.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

• Use a buying agent or purchasing agent to make purchases on the Site.Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

• Sell or otherwise transfer your profile.

13. Mobile Application License

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not:

(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;

(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or

(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Site:

(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

(4) you represent and warrant that (i) you are not located in a 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 (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and

(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

14. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either:

(1) providing your Third-Party Account login information through the Site; or

(2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that

(1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Site via your account, including without limitation any friend lists and

(2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

15. Privacy

We care about data privacy and security. Please review our Privacy Policy: https://www.whatching.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in India. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you agree to have your data transferred to and processed in India. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

16. Third-Party Services

Our Services may include links to third-party websites or services that are not owned or controlled by Whatching. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Whatching is not liable for any loss or damage caused by your use of any third-party websites or services.

17. Limitation of Liability

To the fullest extent permitted by law, Whatching and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising from or related to your use of our Services, even if we have been advised of the possibility of such damages.

18. Indemnification

You agree to indemnify, defend, and hold harmless Whatching and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or related to your use of our Services, your violation of these Terms, or your violation of any third-party rights.

19. Termination

We may terminate or suspend your access to our Services at any time, with or without cause, and without notice or liability to you. Upon termination, your right to use our Services will immediately cease. The provisions of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

20. Governing Law

These Terms will be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Kolkata, India, and you consent to the personal jurisdiction and venue of such courts.

21. Dispute Resolution

Any disputes arising out of or related to these Terms or your use of our Services will be resolved through binding arbitration conducted in Kolkata, India, under the rules of an appropriate arbitration institution. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

22. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely reflects the intent of the original provision.

23. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Whatching regarding your use of our Services. Any failure by us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Refund Policy

This policy is designed to be fair and reasonable, ensuring that customers feel secure in their transactions with Whatching, while also protecting the company from potential abuse of the refund process.

1. Trial Period

Whatching offers a 7-day free trial for new users, during which they can explore the platform. Since no credit card is required to start the trial and users are not charged.

2. Subscription Services

Following the free trial, if a user subscribes to any of Whatching's paid services, they are ineligible to receive a refund. The free trial is provided to ensure that the users try out all the services and decide whether to continue with the Whatching platform. If the user feels unsatisfied, they can cancel their free trial anytime and they will not be charged. If the user has subscribed to any Whatching plan, they are not eligible for a refund. They can cancel their subscription to ensure they are not charged the next month.

3. Non-Refundable Services

All Whatching services, such as the charges for a Whatching Plan, WhatsApp Conversation Credits (WCCs), Add-ons or any third-party integrations, are non-refundable due to the nature of the service and the costs incurred by Whatching to provide these services. This includes one-time Chatbot development and other one-time setup payments.

4. Technical Issues

If a user experiences continuous technical issues that prevent them from using the service effectively, and if these issues are verified by Whatching's support team, a partial or full refund may be granted at Whatching's discretion.

5. Unauthorized Charges

In the case of unauthorized or fraudulent charges, users should contact Whatching support immediately. If such claims are verified, Whatching will issue a full refund.

6. Cancellation Policy

A user may cancel their subscription at any time. However, the cancellation will be effective at the end of the current billing cycle, and users will not receive a refund for the remaining period of the subscription, except under special circumstances that will be reviewed on a case-by-case basis.

7. Contact and Support

For any refund-related queries, users are encouraged to contact Whatching's customer support team, which is committed to providing efficient and personalized assistance.

8. Refund Process

To request a refund, users should write to us at hello@whatching.com. The request must include the transaction details and a clear explanation of the reason for the refund request.

9. Policy Amendments

Whatching reserves the right to modify this refund policy at any time, and the changes will be effective immediately upon posting the updated policy on the Whatching website.

10. Legal Compliance

This refund policy complies with the local laws and regulations where Whatching operates. Users are also encouraged to review the Terms of Service and Privacy Policy for a comprehensive understanding of their rights and obligations.