Terms & Conditions for BizChatAPI (Effective from December 08, 2024)
Please read these Terms and Conditions ("Terms") carefully before using the BizChatAPI service (the "Service") provided by Rapid Express Technologies, also known as RapidXT (the "Company"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
1. Use of Service
The Service is provided for your business use only. You are responsible for your use of the Service and for any consequences arising from your use of the Service. You may not use the Service for illegal activities, spamming, unauthorized access, or any other prohibited activities as outlined in these Terms. Your account may be terminated by both Meta (through its documentation and policies) and by us for engaging in prohibited activities. For more information on prohibited activities, please refer to Meta's documentation.
2. Intellectual Property
The Service and its original content, features, and functionality are owned by the Company. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. You do not own the intellectual property related to the Service.
3. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to if you breach the Terms. Upon termination, your rights to use the Service cease, and you must stop using the Service immediately. Any data stored in the Service is non-transferable and cannot be backed up, and the Company is not responsible for any loss of data upon termination.
4. Disclaimer of Warranties
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service. The Company does not guarantee the accuracy, completeness, or usefulness of any information provided through the Service and is not responsible for any third-party content or services accessed through the Service.
5. Limitation of Liability
In no event shall the Company be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of the Service, except where prohibited by law. The Company’s total liability in any case is limited to the amount you paid for the Service.
6. Refund Policy
The Company does not offer refunds for any purchases under any circumstances, including but not limited to subscription or service-related fees.
7. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service. You agree to notify the Company promptly of any such claims.
8. Changes to Terms
The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. The updated Terms will be posted on our website. It is your responsibility to check the Terms regularly for any changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.
9. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of India, and any disputes will be resolved in the courts of India. Any dispute arising from these Terms shall first be attempted to be resolved through mediation or arbitration before proceeding to court.
10. Privacy
The Company is committed to protecting your privacy. By using the Service, you agree to the collection and use of information as outlined in our Privacy Policy, which is incorporated by reference into these Terms.
11. Data Security and Privacy
While the Company takes reasonable steps to protect the security of your data, no data transmission over the internet or electronic storage method is 100% secure. Therefore, we do not guarantee the absolute safety of your data. By using the Service, you acknowledge that you are aware of the inherent risks associated with transmitting sensitive information over the internet, and you accept that any data you provide to the Service is done at your own risk. The Company is not responsible for any loss, misuse, or unauthorized access to your data, nor do we guarantee the confidentiality or integrity of your data.
12. Force Majeure
The Company will not be held liable for any failure or delay in the performance of the Service due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, power failures, or technical issues not caused by the Company. In such cases, the Company will make reasonable efforts to restore the Service as soon as possible.
13. Third-Party Services
The Service may integrate with or provide access to third-party services or platforms (such as Meta, payment gateways, etc.). These services are governed by their own terms and conditions, and you agree to be bound by them. The Company is not responsible for the performance, reliability, or availability of any third-party services. Any issues arising from the use of third-party services must be addressed directly with the third-party provider.
14. User Responsibilities and Prohibited Conduct
You agree not to:
Use the Service for any illegal, fraudulent, or unauthorized activities.
Violate the security of the Service or attempt unauthorized access to the Service.
Distribute viruses, malware, or other harmful software or data.
Engage in spamming, phishing, or other forms of harassment.
Reproduce, duplicate, copy, sell, or exploit any part of the Service without prior written consent from the Company.
15. Dispute Resolution and Arbitration
In the event of a dispute arising out of or in connection with these Terms, the parties agree to resolve the dispute through binding arbitration in India. The arbitration will be conducted under the rules of the Indian Arbitration Act, and the decision of the arbitrator will be final and binding.
16. Account Suspension for Non-Compliance
If you fail to comply with these Terms, including failure to make payment for the Service, the Company reserves the right to suspend or terminate your account, access to the Service, and any associated services until compliance is restored.
17. Service Availability and Downtime
The Company strives to provide uninterrupted access to the Service, but does not guarantee that the Service will be free from errors, downtime, or disruptions. The Company will make reasonable efforts to ensure that the Service is available 24/7, but maintenance or unforeseen technical issues may lead to periods of downtime. The Company is not liable for any loss or damage resulting from service unavailability.
18. Customizations and Add-Ons
If the Service allows users to add custom features, integrations, or third-party add-ons, you are solely responsible for ensuring that such customizations comply with applicable laws and regulations. The Company is not responsible for any issues, performance problems, or damages caused by user-generated customizations or third-party add-ons.
19. Compliance with Laws
You agree to comply with all applicable laws, regulations, and industry standards related to your use of the Service, including privacy, data protection, and intellectual property laws. The Company will not be held liable for any legal violations arising from your use of the Service.
20. No Partnership or Joint Venture
Nothing in these Terms shall be construed as creating a partnership, joint venture, or any other form of business relationship between you and the Company, except as expressly stated herein. Your use of the Service is solely as an independent user.
21. Survival of Terms
Certain provisions of these Terms, including but not limited to Limitation of Liability, Indemnification, Data Security, and Governing Law, shall survive the termination or expiration of these Terms and remain in full effect.
22. Notifications and Communication
The Company may send you important notices regarding the Service, including but not limited to account updates, promotional messages, and changes to these Terms, via email, in-app notifications, or other methods. You are responsible for ensuring that the email address and contact information you provide to the Company are accurate and up to date.