Legal Address: Godrej Horizon, Pune, Maharashtra, India. 411048
Contact: help@chatwithads.com
1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the ChatWithAds platform, websites, mobile/web applications, documentation, APIs, and related services (collectively, the "Service"). By creating an account, clicking "I agree," or using the Service, you agree to be bound by these Terms and our Privacy Policy located at https://www.chatwithads.com/privacy (collectively, the "Agreement"). If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization, and "Customer" refers to that organization.
If you disagree, do not access or use the Service.
2. Who May Use the Service; Accounts
2.1 Eligibility. You must be at least the age of majority in your jurisdiction and able to form a binding contract. You may not use the Service if you are barred under applicable laws or on any U.S., U.K., E.U., or other sanctions/denied parties list.
2.2 Account Registration. You must provide accurate, current information when creating an account and keep it updated. You are responsible for (a) all activities under your credentials, (b) safeguarding passwords, tokens, and API keys, and (c) promptly notifying us of any unauthorized access.
2.3 Organizations & Authorized Users. If you are a Customer, you may invite Authorized Users under your account. You are responsible for your Authorized Users’ compliance with the Agreement. Admins may control permissions, roles, and data access within the organization’s workspace(s).
3. Subscriptions, Trials, and Fees
3.1 Plans and Billing. Access to the Service may be provided via free trials or paid subscription plans described at checkout or in an order form (each an "Order"). Fees are due in advance unless specified otherwise. All fees are non‑cancellable and, except as required by law or expressly stated in the Order, non‑refundable.
3.2 Taxes. Fees are exclusive of taxes, duties, and similar assessments. You are responsible for all such amounts (excluding taxes based on our net income).
3.3 Auto‑Renewal. Subscriptions renew for successive terms equal in length to the initial term unless either party provides written notice of non‑renewal at least 30 days before the end of the then‑current term (or as stated in the Order).
3.4 Late Payments. Overdue amounts may accrue interest at 1.5% per month (or the maximum allowed by law), and we may suspend the Service after reasonable notice.
3.5 Usage‑Based and Third‑Party Costs. Certain features (e.g., AI inference, third‑party APIs, data egress, cloud storage) may incur usage‑based fees, overage charges, or third‑party pass‑through costs as specified in your plan or Order.
4. Fair Use; Rate Limits
You agree to comply with any published or Order‑specific rate limits, concurrency limits, and fair‑use policies. You will not: (a) circumvent limits or security controls, (b) share accounts across unrelated individuals, or (c) programmatically generate excessive or abusive traffic.
5. Customer Data; Data Sources; Permissions
5.1 Definitions. "Customer Data" means data you or your Authorized Users submit to the Service, including content, files, metrics, configurations, and information synchronized from third‑party platforms (e.g., Shopify, Google Ads, Meta Ads, Amazon Ads/SP‑API, TikTok) via connectors or APIs. "Account Data" means registration, billing, contact, and usage information we collect to operate the Service.
5.2 Rights in Customer Data. As between the parties, Customer retains all right, title, and interest in and to Customer Data. You grant CWA a worldwide, non‑exclusive license to host, copy, process, transmit, display, and create de‑identified/aggregated data from Customer Data solely as necessary to provide, maintain, secure, and improve the Service, to develop new features, and as otherwise permitted by the Agreement. We will not sell Customer Data.
5.3 Permissions and Consents. You are responsible for obtaining and maintaining all rights, consents, and authorizations necessary to connect data sources and to provide Customer Data to the Service, including any notices/consents required by privacy, employment, consumer protection, or telecommunications/SMS laws.
5.4 Third‑Party Platforms. The Service may interoperate with third‑party platforms (e.g., Shopify, Google, Meta, Amazon, TikTok, BigQuery, Fivetran). CWA does not control and is not responsible for third‑party services. Your use of such platforms is governed by their terms, not this Agreement. We may modify or discontinue integrations if required by a third‑party provider or law, or if continued integration would present security, legal, or material performance risks.
5.5 Data Retention and Export. During the subscription term, you may export Customer Data via available tools. After termination, we may retain Customer Data for up to 30 days for limited backup and legal purposes, after which it will be deleted or de‑identified, unless a longer period is required by law.
6. Security
We maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data as described in our security documentation (available upon request). You are responsible for secure configuration of your accounts, environments, and destination systems (e.g., your BigQuery, data warehouse, or cloud storage).
7. Acceptable Use Policy
You will not use the Service to: (a) violate laws or third‑party rights; (b) send spam or unlawful communications; (c) upload malicious code; (d) reverse engineer, decompile, or seek to derive source code (except to the extent restrictions are prohibited by law); (e) perform security testing without our prior written consent; (f) engage in high‑risk activities where failure could lead to death, personal injury, or severe environmental damage; (g) build a competing product or service using the Service or Outputs; or (h) access the Service to benchmark or publish performance information without our consent.
8. AI Features; Outputs; No Professional Advice
8.1 AI and Automated Features. Some features use machine learning and third‑party models (collectively, "AI"). AI is probabilistic and may produce inaccurate, incomplete, or biased results. You are responsible for evaluating Outputs and for maintaining appropriate human review and oversight.
8.2 Ownership of Outputs. Subject to Section 10 (IP Ownership) and your compliance with the Agreement, and to the extent permitted by applicable law and third‑party terms, we assign to you our rights, if any, in the text‑based analytical Outputs generated specifically for you from your prompts and Customer Data. This does not include our software, models, or any pre‑existing content.
8.3 No Professional Advice. Outputs and analytics are for informational purposes only and do not constitute legal, financial, medical, or other professional advice. You are solely responsible for decisions based on the Service and Outputs.
8.4 Model & Content Restrictions. You must comply with applicable model provider terms, content policies, and usage restrictions. We may implement content filters or safeguards and may suspend or block content that violates policies or law.
9. Intellectual Property; Feedback
9.1 CWA IP. We own all rights, title, and interest in and to the Service, software, models, documentation, designs, and derivative works ("CWA IP"). No rights are granted except as expressly stated.
9.2 License to Use the Service. Subject to your compliance, we grant you a limited, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Service during your subscription term, solely for your internal business purposes.
9.3 Feedback. If you provide feedback, ideas, or suggestions ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use the Feedback without restriction or attribution.
10. Publicity; Marks
We may use your name, logo, and marks to identify you as a customer on our websites and marketing materials, consistent with your brand guidelines provided to us. You may revoke this permission by sending notice to help@chatwithads.com; we will use commercially reasonable efforts to remove references within a reasonable time.
11. Service Changes; Beta Features
11.1 Modifications. We may modify the Service (including features, integrations, and UI) provided that we do not materially reduce core functionality during a paid term without providing substantially equivalent alternatives.
11.2 Beta/Preview. We may offer alpha, beta, or preview features ("Beta"). Beta is provided AS IS without warranties, may be restricted or discontinued at any time, and may be subject to additional terms. You acknowledge Beta is for evaluation and not for production use.
12. Suspension and Termination
12.1 Suspension. We may suspend access immediately (with notice where practicable) if: (a) you breach the Agreement; (b) your use poses a security or legal risk; (c) required by a third‑party provider or law; or (d) fees are overdue.
12.2 Termination for Cause. Either party may terminate for material breach if the breach is not cured within 30 days after written notice. We may terminate immediately for non‑payment.
12.3 Effect of Termination. Upon termination or expiration, your right to use the Service ceases. Sections intended to survive (including 3.2–3.5, 5.2–5.6, 6–10, 12.3, 13–19) survive. We will provide Customer Data export capabilities as in Section 5.6.
13. Third‑Party Terms; Platform Compliance
You agree to comply with third‑party terms applicable to integrations and data sources (e.g., Shopify API Terms, Google Ads API Terms, Meta Marketing API Terms, Amazon Ads API and Selling Partner API terms, TikTok Marketing API terms, and data warehouse provider terms such as Google BigQuery). We may audit your use to the extent required by such providers and may restrict functionality to remain compliant.
14. Warranties and Disclaimers
14.1 Mutual. Each party represents it has the authority to enter into the Agreement.
14.2 Customer. You represent and warrant that: (a) you have and will maintain all rights and consents to provide Customer Data and connect data sources; and (b) your use of the Service will comply with laws and third‑party terms.
14.3 Disclaimers. THE SERVICE, DOCUMENTATION, INTEGRATIONS, AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ACCURACY OR RELIABILITY OF OUTPUTS OR ANALYTICS.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CWA BE LIABLE FOR: (a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (b) LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA; OR (c) DAMAGES EXCEEDING THE AMOUNTS PAID BY CUSTOMER TO CWA FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow certain limitations; in such cases, our liability will be limited to the maximum extent permitted by law.
16. Indemnification
16.1 By Customer. You will defend, indemnify, and hold harmless CWA from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your Customer Data, including allegations that Customer Data infringes third‑party rights or violates law; (b) your use of the Service in violation of the Agreement; or (c) your breach of third‑party platform terms.
16.2 By CWA. We will defend Customer against any third‑party claim alleging that the Service (excluding Customer Data, third‑party materials, and your configurations) infringes a valid intellectual property right, and pay damages awarded by a court or agreed in settlement, provided Customer promptly notifies us and cooperates in the defense. Our obligations do not apply to claims arising from: (i) combinations or use with non‑CWA systems; (ii) modifications not made by us; or (iii) use in violation of the Agreement. If infringement is alleged, we may procure the right to continue using the Service, modify it, or terminate the affected features and refund any pre‑paid unused fees.
17. Export; Sanctions; Anti‑Corruption
You represent that you and your Authorized Users are not subject to sanctions and will comply with export control, sanctions, and anti‑corruption laws, including the U.S. Export Administration Regulations and similar regimes. You will not use the Service for, or provide access to, prohibited end uses or end users.
18. Dispute Resolution; Governing Law
18.1 Governing Law. Govt of India.
18.2 Informal Resolution. Before filing a claim, the parties agree to try to resolve the dispute informally by notifying the other party in writing and working together in good faith for 30 days.
18.3 Class Action Waiver; Jury Trial Waiver. To the fullest extent permitted by law, disputes will be conducted only on an individual basis, not as a class or representative action. The parties waive the right to a jury trial.
18.4 Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its confidential information or intellectual property.
19. Miscellaneous
19.1 Entire Agreement. The Agreement (these Terms, the Privacy Policy, any DPA, and applicable Orders) is the entire agreement and supersedes all prior or contemporaneous agreements regarding its subject matter.
19.2 Order of Precedence. If there is a conflict, the following order of precedence applies: (1) Order, (2) DPA (for data processing matters), (3) these Terms, (4) Privacy Policy, (5) service‑specific documentation or policies.
19.3 Assignment. Neither party may assign the Agreement without the other’s consent, except that either party may assign to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee agrees to be bound by the Agreement.
19.4 Force Majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, labor disputes, internet or cloud provider failures, or changes in third‑party platform terms.
19.5 Notices. Legal notices to CWA must be sent to help@chatwithads.com and to the postal address listed above. We may provide notices to you via email, in‑app messages, or posting on the Service.
19.6 Severability; Waiver. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver.
19.7 Independent Contractors. The parties are independent contractors; the Agreement does not create a partnership, joint venture, or agency relationship.
19.8 Translations. Translated versions are for convenience only. The English version controls in case of conflict.
20. Definitions (Summary)
Account Data: Information we collect about your account and your usage to operate the Service.
AI: Machine learning features and third‑party models used in the Service.
Authorized Users: Individuals you permit to use the Service under your account.
Beta: Pre‑release features provided for testing.
Customer Data: Data you submit or sync to the Service (including from third‑party platforms).
Order: An order form, online checkout, or plan selection describing your subscription.
Outputs: Text or other results generated by the Service in response to your prompts and data.
21. Contact
For questions about these Terms, contact help@chatwithads.com.
Last updated: 28 Octorber, 2025