Terms of Service
โปรดอ่านข้อกำหนดและเงื่อนไขเหล่านี้อย่างละเอียดก่อนสร้างบัญชีหรือใช้ผลิตภัณฑ์ของ 108chat
Introduction
These Terms govern your access to and use of the website, applications, and services provided by 108Chat Co., Ltd. ("108chat", "we", "us", or "our").
By creating an account, accessing, or using the Services, you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
We may update these Terms from time to time. Updated versions will be posted with a revised effective date. Continued use after updates constitutes acceptance of the revised Terms.
Eligibility and Account Registration
To use the Services, you must:
- Be at least 18 years old or the age of majority in your jurisdiction.
- Have authority to bind your business (if registering on behalf of an entity).
- Provide accurate and complete registration information.
- Maintain the security of your login credentials.
You are responsible for all activity under your account. Notify us immediately at support@108chat.com if you suspect unauthorized access.
Account Use and Responsibilities
You agree to
- Use the Services only for lawful purposes.
- Comply with all applicable laws and regulations.
- Obtain all necessary consents from customers whose data you process.
- Comply with third-party platform policies (Meta, WhatsApp, LINE, etc.).
You must not
- Send unlawful, unsolicited, or non-consensual marketing communications.
- Upload malicious code or attempt to disrupt the Services.
- Reverse engineer, copy, or resell the Services without authorization.
- Impersonate others or access accounts without permission.
108Chat may suspend or terminate accounts that violate these Terms.
Data Protection and Roles
4.1 Controller and Processor Roles
You — Data Controller
- Ensure lawful processing
- Obtain consent where required
- Respond to data subject requests
108Chat — Data Processor
Processes data on your behalf in accordance with its Privacy Policy and applicable data protection laws.
If required under applicable law (including GDPR or UK GDPR), a Data Processing Addendum (DPA) may apply.
Integrations and External Services
108Chat allows connection to third-party platforms. By enabling integrations, you authorize 108Chat to access and process data necessary to provide Services.
108Chat is not responsible for third-party platform availability, policy changes, or data practices of external services.
Acceptable Use and Compliance
You agree not to use 108Chat to:
- Violate anti-spam or marketing laws (including TCPA, CAN-SPAM, PECR, GDPR, UK GDPR).
- Send messages without required opt-in consent.
- Circumvent messaging platform rules.
You are solely responsible for ensuring compliance with all applicable communications and consumer protection laws.
Intellectual Property
All intellectual property rights in the Services belong to 108Chat or its licensors. You may not copy, modify, distribute, or create derivative works without written permission.
Your Content
You retain ownership of your content. You grant 108Chat a limited, non-exclusive, worldwide license to host, store, and process your content solely to provide and improve the Services.
Service Availability and Modifications
- The Services are provided on an "as is" and "as available" basis.
- We do not guarantee uninterrupted or error-free operation.
- We may modify, suspend, or discontinue any part of the Services at any time.
Fees and Payments
If you subscribe to a paid plan:
Billed in advance
Fees are charged at the start of each billing period.
Non-refundable
Fees are non-refundable unless required by law.
Suspension risk
Failure to pay may result in account suspension.
Suspension and Termination
We may suspend or terminate access if you violate these Terms, if required by law, or if your activity poses risk to systems or users.
You may terminate your account at any time. Upon termination, your access ends immediately. Certain provisions survive termination.
Indemnification
You agree to indemnify and hold harmless 108chat, its affiliates, officers, employees, and agents from claims, damages, losses, liabilities, and expenses arising from:
- Your use of the Services.
- Your violation of these Terms.
- Your violation of applicable laws.
- Your infringement of third-party rights.
Disclaimer of Warranties
To the fullest extent permitted by law, the Services are provided "as is" and "as available". 108Chat disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
13.1 Indirect Damages
13.2 Liability Cap
108chat's total aggregate liability shall not exceed the total fees paid by you in the twelve (12) months preceding the claim.
13.3 Non-Excludable Liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded under applicable law.
Export Control and Sanctions
You represent that:
- You are not located in a country subject to sanctions.
- You are not on any sanctions list maintained by applicable governmental authorities.
- You agree not to use the Services in violation of export control laws.
Dispute Resolution and Governing Law
These Terms are governed by applicable law, without regard to conflict of law principles.
If you are a consumer residing in a jurisdiction with mandatory consumer protections, nothing in these Terms limits your statutory rights.
Force Majeure
108Chat is not liable for delays or failure caused by events beyond reasonable control, including but not limited to natural disasters, internet outages, government actions, or third-party service disruptions.
Updates to These Terms
We may revise these Terms periodically. Updated versions will be posted with a new effective date.
Contact Information
If you have questions about these Terms, please contact: