Legal Agreement

Terms of Service

Please read these terms carefully before using Tawkster

Effective: January 1, 2025
Updated: January 1, 2025
1

Agreement to Terms

By accessing or using Tawkster's services, including our website at https://tawkster.com, our application portal at https://portal.tawkster.com, and our mobile applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you disagree with any part of these terms, then you may not access the Services. These Terms apply to all visitors, users, and others who access or use the Services.

2

Use of Our Services

2.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

2.2 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for your internal business purposes.

2.3 Service Rules

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit any advertising or promotional material, including any "junk mail," "chain letter," "spam," or similar solicitation
  • To impersonate or attempt to impersonate Tawkster, a Tawkster employee, another user, or any other person or entity
  • In any way that infringes upon the rights of others or is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
3

User Accounts

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding the password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

3.3 Account Responsibilities

You are responsible for all activities that occur under your account, including activities by employees, agents, or other third parties that have access to your account.

4

Payment Terms

4.1 Subscription Plans

We offer various subscription plans, including a free tier and paid subscriptions. Current pricing and plan details are available on our website at https://tawkster.com/#pricing.

All paid plans include a 14-day free trial period. Subscription fees are based on a per-user, per-month basis unless otherwise specified.

4.2 Payment Processing

All payments are processed securely through our third-party payment processor. By providing payment information, you authorize us to charge the applicable fees to your payment method.

4.3 Billing

Subscription fees are billed in advance on a monthly basis and are non-refundable except as required by law. You will be charged automatically at the beginning of each billing cycle.

4.4 Price Changes

We reserve the right to modify our pricing and subscription plans at any time. Any price changes will be communicated to you with at least 30 days' notice before taking effect. The modified pricing will apply to your subscription upon your next renewal after the notice period.

5

Intellectual Property Rights

5.1 Our Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, and audio) are owned by Tawkster, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Your License to Us

By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in connection with providing the Services to you.

6

User Content

6.1 Your Content

Our Services allow you to post, link, store, share, and otherwise make available certain information, text, graphics, or other material ("Content"). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness.

6.2 Content Standards

You represent and warrant that your Content does not:

  • Infringe any patent, trademark, copyright, or other intellectual property rights
  • Violate the privacy or publicity rights of any third party
  • Contain any defamatory, libelous, or otherwise unlawful material
  • Contain any computer virus or other malicious code

6.3 Content Removal

We have the right to remove any Content that violates these Terms or that we find objectionable, without prior notice and at our sole discretion.

7

Prohibited Uses

You may not use our Services:

  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
  • To attempt to gain unauthorized access to any portion of the Services
  • To harvest or collect email addresses or other contact information from other users
  • To use any robot, spider, or other automatic device to monitor or copy our Services
  • To introduce any viruses, trojan horses, worms, or other material that is malicious or harmful
  • To use the Services for any illegal or unauthorized purpose
8

Service Availability

8.1 Service Modifications

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

8.2 Service Level

While we strive to provide reliable Services, we do not guarantee any specific uptime or availability. The Services are provided on an "as is" and "as available" basis.

9

Privacy

Your use of our Services is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Services and informs users of our data collection practices.

10

Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at admin@tawkster.com. Upon termination, your right to use the Services will immediately cease.

10.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

10.3 Effect of Termination

Upon termination, your license to use the Services will immediately terminate. All provisions of the Terms which by their nature should survive termination shall survive termination.

11

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • The Services will be uninterrupted, secure, or error-free
  • Any defects or errors will be corrected
  • The Services or any server that makes them available are free of viruses or other harmful components
  • The results of using the Services will meet your requirements
12

Limitation of Liability

IN NO EVENT SHALL TAWKSTER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for any damages arising out of or related to these Terms or the Services shall not exceed the amount you have paid to us in the twelve (12) months preceding the event giving rise to the liability.

13

Indemnification

You agree to defend, indemnify, and hold harmless Tawkster and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any 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
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your Content caused damage to a third party
14

Governing Law

14.1 Applicable Law

These Terms shall be governed and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

14.2 Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware, and you hereby consent to personal jurisdiction and venue therein.

14.3 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiations. If such negotiations fail, the dispute shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

15

Changes to 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.

16

Contact Information

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

By creating an account and using Tawkster, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Thank you for choosing Tawkster!