Terms & Conditions - Tchango

Last updated: 04/14/2024

This Terms of Use Agreement (the “Agreement”) is a legally binding agreement between Tchango, a company organized under the laws of California, USA (“Tchango”), and the client, whether personally or on behalf of an entity (“Client”), regarding access and use of Tchango’s website https://www.tchango.com (the “Website”) and any related services. Non-agreement to these terms results in a prohibition of the Client’s use of the Website, and the Client must discontinue use immediately. However, any obligation of the Client to pay Tchango for services rendered remains ongoing.

1. Intellectual Property Rights

The Website, including all content and trademarks, is owned by Tchango and is protected by copyright, trademark, and other intellectual property laws. The Website and its content are for personal, non-commercial use only, unless explicitly authorized by Tchango.

2. Ownership of Materials

All custom chatbots, designs, and other materials created for the Client are owned by the Client. Tchango assigns all rights in these projects to the Client. The Client ensures that all materials provided are owned by them and do not infringe on third-party rights.

3. Third-Party Elements

If a project involves third-party elements (e.g., APIs, data sources) requiring separate licenses, Tchango will inform the Client. The Client is responsible for acquiring these licenses.

4. User Representations

The Client agrees to use the Website legally and responsibly, ensuring all information provided is accurate and that they have the legal capacity to agree to these Terms.

5. Prohibited Activities

The Client agrees not to engage in unauthorized or illegal use of the Website, and to refrain from actions that could harm Tchango or other users.

6. Client Feedback

Feedback from the Client becomes the property of Tchango, with the Client waiving any claims against its use, except where project ownership is assigned to the Client.

7. Management and Oversight

Tchango reserves the right to manage the Website and its content at its discretion, including taking legal action in response to violations and restricting access.

8. Privacy Policy

By using the Website, the Client agrees to Tchango's Privacy Policy and consents to the transfer and processing of data in the United States.

9. Returns and Refunds

Refund requests are evaluated case by case, with Tchango reserving the right to deny refunds. Conditions apply regarding the use of materials if a refund is requested.

10. Modification

Tchango reserves the right to modify the Website and these Terms at its discretion.

11. Connection Interruptions

Tchango is not liable for any service interruptions and data loss beyond its control.

12. Governing Law

These Terms are governed by the laws of California.

13. Litigation

Legal actions shall be brought in the specified courts, with the parties consenting to this jurisdiction.

14. Disclaimer

The Website is provided “as-is,” with Tchango disclaiming all warranties and not liable for any content inaccuracies or harm resulting from Website use.

15. Limitations of Liability and Indemnification

Tchango is not liable for indirect damages from Website use. The Client agrees to indemnify Tchango against claims related to their use of the Website.

16. User Data

The Client is responsible for their data used in relation to the Website.

17. Electronic Communications

The Client consents to electronic communications and transactions, and the use of electronic signatures.

18. Showcasing Work

Tchango reserves the right to showcase work unless otherwise restricted by an NDA.

19. Referrals

Referral programs are managed through the Website.

20. Miscellaneous

These Terms constitute the entire agreement between Tchango and the Client.

21. Contact Information

For inquiries, contact Tchango at: [email protected]