Terms of Service

1. Acceptance of Terms

By accessing and using ChatoSmart ("Service", "Platform", "we", "us", or "our"), you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our Service.

ChatoSmart is operated by SmartSoft.al, registered in Albania. These terms constitute a legally binding agreement between you (either an individual or an entity) and ChatoSmart.

2. Description of Service

ChatoSmart provides a cloud-based live chat platform that enables businesses to communicate with their website visitors and customers in real-time. Our Service includes:

• Live chat widget for websites
• Operator dashboard and conversation management
• AI-powered chatbot functionality
• Multi-channel integration (WhatsApp, Facebook Messenger, Telegram)
• Analytics and reporting tools
• Voice and video call features
• API access for integrations

3. Account Registration and Security

3.1 Account Creation

To use ChatoSmart, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Eligibility

• You must be at least 18 years old to create an account
• You must provide accurate and truthful information
• You must not create an account if you have been previously banned from the Service
• One person or entity may maintain only one account

3.3 Account Security

You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

4. Subscription Plans and Pricing

4.1 Paid Subscriptions

ChatoSmart offers various subscription plans with different features and limitations. By subscribing to a paid plan, you agree to pay the fees specified for your selected plan.

4.2 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law or as explicitly stated in these Terms
• We reserve the right to change our pricing with 30 days' notice to existing customers
• Failure to pay fees may result in suspension or termination of your account

4.3 Free Trial

We may offer a free trial period for new users. At the end of the trial period, you will be charged the subscription fee unless you cancel before the trial ends.

5. Acceptable Use Policy

You agree not to use ChatoSmart to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in harassment
• Transmit malicious code, viruses, or any harmful technology
• Attempt to gain unauthorized access to our systems or other users' accounts
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information without consent
• Engage in fraudulent activities or scams
• Use the Service for any illegal or unethical purposes
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or redistribute the Service without our written permission

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all content, features, functionality, software, and design, is owned by ChatoSmart and is protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.2 Your Content

You retain ownership of any content you submit to or through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and transmit your User Content solely for the purpose of providing the Service.

6.3 Trademarks

"ChatoSmart" and our logo are trademarks of SmartSoft.al. You may not use these trademarks without our prior written consent.

7. Data Protection and Privacy

We take data protection seriously and comply with the General Data Protection Regulation (GDPR) and Albanian data protection laws. Our collection, use, and protection of your personal information is governed by our Privacy Policy.

7.1 Your Responsibilities as Data Controller

When you use ChatoSmart to process personal data of your customers/website visitors, you act as a Data Controller and we act as a Data Processor. You are responsible for:

• Obtaining necessary consents from your end-users
• Providing appropriate privacy notices
• Ensuring your use of the Service complies with GDPR and applicable laws
• Handling data subject requests (access, deletion, etc.)

8. Service Availability and Support

8.1 Service Availability

We strive to provide 99.9% uptime but cannot guarantee uninterrupted access to the Service. We may perform scheduled maintenance with advance notice and emergency maintenance as needed.

8.2 Support

Support is provided based on your subscription plan. Support channels may include email, live chat, and documentation. Support is provided in English and Albanian.

9. Termination

9.1 Termination by You

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

9.2 Termination by Us

We reserve the right to suspend or terminate your account if you:

• Violate these Terms of Service
• Fail to pay subscription fees
• Engage in fraudulent or illegal activities
• Pose a security risk to the Service or other users

9.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will delete your account data within 30 days of termination unless retention is required by law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHATOSMART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Albania, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Tirana, Albania.

12.3 Informal Resolution

Before filing any formal legal action, you agree to first contact us at legal@chatosmart.com to attempt to resolve the dispute informally.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

14. Miscellaneous

14.1 Entire Agreement

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

14.2 Severability

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

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

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

15. Contact Information

If you have questions about these Terms of Service, please contact us: