Terms of Service

Welcome to Chatship. These Terms of Service ("Terms") govern your access to and use of the Chatship website, application, and Instagram automation services (collectively, the "Services") provided by Chems Capital Limited (operating as "Chatship," "we," "us," or "our").

By creating an account or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Use of the Services

Eligibility: You must be at least 18 years old and capable of forming a binding contract to use our Services. If you are using the Services on behalf of a business, you represent that you have the authority to bind that business to these Terms.

Account Registration: You must provide accurate, complete, and current information when registering for an account. You are strictly responsible for safeguarding your password and any activities or actions under your account.

2. Meta & Instagram Compliance

• No Spam: You may not use Chatship to send unsolicited, promotional, or spam messages that violate Meta's policies.
• Account Suspension: We are not liable if your Instagram account is suspended, restricted, or banned by Meta due to your misuse of our automation services.
• API Revocation: If Meta revokes our API access or modifies their terms, it may impact our ability to provide the Services. We will not be held liable for service interruptions caused by third-party platform changes.

3. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable national or international law or regulation.
• Transmit any content that is unlawful, harassing, threatening, defamatory, obscene, or otherwise objectionable.
• Engage in scraping, data mining, or unauthorized extraction of data from our Services or Instagram.
• Attempt to bypass or exploit our security measures or billing systems.

We reserve the right to immediately terminate or suspend your account without notice if we determine, in our sole discretion, that you have violated this Acceptable Use Policy.

4. Subscriptions and Payments

Billing: Certain features of the Services are billed on a subscription basis. You will be billed in advance on a recurring, periodic basis (monthly or annually).

Cancellations and Refunds: You may cancel your subscription at any time via your account settings. Payments are non-refundable, and there are no refunds or credits for partially used billing periods, except where required by law.

5. Intellectual Property

The Services and their original content, features, functionality, and UI design are and will remain the exclusive property of Chems Capital Limited and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Your Data: You retain all rights to the messaging content and AI prompts you create within Chatship. By using our Services, you grant us a limited, worldwide license to process and transmit this data strictly for the purpose of providing the automation Service to you.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Chems Capital Limited, nor its directors, employees, partners, or agents, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; or (iii) unauthorized access, use, or alteration of your transmissions or content.

"AS IS" Basis: Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied.

7. Indemnification

You agree to defend, indemnify, and hold harmless Chems Capital Limited, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Services, including any data or content transmitted or received by you.
• Your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above.
• Your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights.
• Your violation of any applicable law, rule, or regulation, specifically including Meta's Platform Terms and Instagram's Community Guidelines.

8. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Chems Capital Limited is registered, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any legal action or proceeding relating to your access to, or use of, the Services shall be instituted exclusively in a state or federal court located in our registered jurisdiction. You and Chems Capital Limited agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

9. Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

10. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@chatship.com
Address: Chems Capital Limited Legal Department, [Insert Address]