Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CosmicBytes LLC, operating as NobuChat ("NobuChat," "we," "us," or "our") concerning your access to and use of our AI-driven WhatsApp automation platform (the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

Important: These Terms contain an arbitration clause and class action waiver that affects your rights. Please read Section 16 carefully.

2. Eligibility

You must meet the following requirements to use the Service:

• You must be at least 18 years old
• You must have the legal capacity to enter into binding contracts
• You must not be barred from using the Service under applicable laws
• You must represent a legitimate business entity when using our business services
• You must comply with all WhatsApp Business API terms and policies

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept all responsibility for activity under your account
• Notify us immediately of any unauthorized access

3.2 Business Accounts

If you register on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" will refer to that entity.

4. Service Description

NobuChat provides an AI-driven automation platform for WhatsApp Business communications, including but not limited to:

• Automated message responses and workflows
• Customer conversation management and routing
• AI-powered chatbot capabilities
• Team collaboration tools
• Analytics and reporting features
• Integration with third-party business tools

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

5. Subscription and Fees

5.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Current pricing is available on our website.

5.2 Payment Terms

• Fees are charged in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method on file
• You are responsible for all applicable taxes
• We may change fees with 30 days' advance notice

5.3 Free Trials and Promotional Offers

We may offer free trials or promotional pricing at our discretion. Unless you cancel before the trial ends, you will be charged the standard subscription fee.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service only for lawful business purposes in compliance with:

• These Terms and our policies
• WhatsApp Business API terms and policies
• All applicable laws and regulations
• Industry standards and best practices

6.2 Prohibited Activities

You agree not to:

• Send spam, unsolicited messages, or marketing messages without consent
• Violate any laws, including privacy, data protection, and anti-spam laws
• Impersonate others or provide false information
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to the Service
• Use the Service to transmit malware, viruses, or harmful code
• Reverse engineer, decompile, or disassemble the Service
• Scrape, mine, or harvest data from the Service
• Resell or redistribute the Service without authorization
• Use the Service for any illegal or fraudulent activity
• Bypass any measures we use to prevent or restrict access

7. Intellectual Property Rights

7.1 Our Rights

The Service and its original content, features, and functionality are owned by NobuChat and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Your Rights

You retain all rights to the content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and display the content solely to provide the Service.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property, and we may use them without any obligation to you.

8. Data Processing and AI Training

By using the Service, you acknowledge and agree that:

• We process your messages and conversation data to provide automation services
• We may use anonymized and aggregated data to improve our AI models
• We implement appropriate security measures as described in our Privacy Policy
• You are responsible for obtaining necessary consents from your customers
• You must comply with all applicable data protection laws (GDPR, CCPA, etc.)

9. Third-Party Integrations

The Service may integrate with third-party services, including WhatsApp Business API. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for:

• The availability, accuracy, or content of third-party services
• Any damages arising from your use of third-party services
• Third-party data practices or privacy policies

10. Service Level and Support

10.1 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. We may perform maintenance that temporarily affects availability.

10.2 Customer Support

Support availability varies by subscription plan. We aim to respond to support requests within one business day.

11. Warranties and Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• That the Service will be uninterrupted, secure, or error-free
• That results obtained from the Service will be accurate or reliable
• That the quality of the Service will meet your expectations

We do not warrant that the AI automation will always perform correctly or produce desired results. You are solely responsible for your use of the Service and any decisions made based on the Service.

12. Limitation of Liability

To the maximum extent permitted by law, NobuChat shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use the Service
• Any conduct or content of third parties on the Service

Our total liability to you for all claims arising from these Terms or the Service shall not exceed the greater of: (a) the amount you paid us in the 12 months before the claim arose, or (b) $100.

13. Indemnification

You agree to indemnify, defend, and hold harmless NobuChat, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your content or customer communications

14. Term and Termination

14.1 Term

These Terms begin when you first access the Service and continue until terminated by either party.

14.2 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

14.3 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• You fail to pay fees when due
• Your use poses a security risk or violates laws
• We are required to do so by law

14.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your account data after 30 days. Provisions that by their nature should survive termination will survive.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through the Service. Your continued use after changes take effect constitutes acceptance of the modified Terms.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@nobu.chat to attempt to resolve the dispute informally for at least 30 days.

16.2 Binding Arbitration

If informal resolution fails, any dispute will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court.

16.3 Class Action Waiver

You and NobuChat agree that any proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.

17. General Provisions

17.1 Governing Law

These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict of law principles.

17.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NobuChat regarding the Service.

17.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.4 Waiver

No waiver of any term will be deemed a further or continuing waiver of such term or any other term.

17.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

18. Contact Information

For questions about these Terms, please contact us at: