Terms of Service

chatarmin.com GmbH's Terms of Service

These are the terms of service of chatarmin.com GmbH under which we supply products to our customers. We expect all visitors and customers to have carefully read this page and be fully aware of its contents. “We”, “Our” or “Us” always refers to chatarmin.com GmbH, “you” always refers to you as a visitor, user and/or customer of the official chatarmin.com GmbH website https://chatarmin.com

These Terms of Service, together with our Data Processing Agreement (DPA) pursuant to Art. 28 DSGVO, constitute a binding agreement (the "Agreement") between chatarmin.com GmbH and you or the legal entity you represent ("Customer" or "you").

Date of publication: February 23rd, 2024

1. Notice of agreement:

By accessing and using chatarmin.com you accept and agree to be bound by the terms and conditions of this agreement. In addition, when using services of chatarmin.com GmbH, such as visiting our website or purchasing goods from it, you constitute acceptance of this agreement.

Please read these terms and conditions as well as our privacy policy warily before purchasing products from chatarmin.com. All terms are subject to our contracts and if you happen to have a problem with them, miss any important information or simply want to discuss any of them, feel free to contact us on [email protected]. If you do not agree to our terms of service, please step back from using our services. Terms of service are legally binding and can therefore prevent users from abusing or misusing the services of chatarmin.com.

2. chatarmin.com trademarks

chatarmin.com and Chatarmin are internationally registered trademarks. All use of this trademark needs to seek prior written permission by chatarmin.com GmbH or is otherwise punishable by law.

3. Property rights and copyright

All text, pictures, fonts, logos, videos and audio is the sole property of chatarmin.com GmbH or of chatarmin.com GmbH in foundation valued partners who have therefore provided written permission to chatarmin.com to use their footage. Any duplication or use of chatarmin.com' content apart from private purposes is prohibited.

For further information see "content abuse" in these Terms of Service.

The site chatarmin.com and its original content, features and functionality are owned by chatarmin.com GmbH and are protected by international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws.

4. Limitation of liability

If you think that there's bugs or errors on chatarmin.com GmbH products and services, feel free to contact us under [email protected]. We will try to do our best to correct them and provide fair products that meet your expectations. However, we can not be held responsible for any misinformation or content you don't agree with. We are not liable for if our product is suitable for your needs or not.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material is kept up to date.

5. Accounts and subscriptions

By opening an account on chatarmin.com' products and services, you fully agree with our privacy policy as well as terms of service. It is up to us to freeze or terminate your account if we have reasonable incentive to do so.

Reasons for that could be:

Missing payment
Content abuse
Defamation
Other reasons

During the registration, you accept to provide and maintain right, valid, and complete information about yourself as indicated by the Service's registration form. If you are under 13 years of age, you are not allowed to use the Service. Besides, if you are under 18 years old, you may use the service only with the permission of your parent or guardian.

6. Legal disclaimer

We do limit our liability to the extent it is lawful to do so. If you happen to experience death or personal injury, fraud or any breach of your personal rights caused by negligence of chatarmin.com GmbH or one of its employees, we will, by law, do everything in our duty to protect the rights of everyone involved. If a device or digital content of yours is damaged through our service, we will either let it be repaired or pay you compensation.

However, clear proof of the cause has to be provided. We will not be liable for damage which could have been avoided by using anti-virus software or other applicable anti-malware services. chatarmin.com GmbH b2b products are only provided for your professional use.

The maximum liability sum for any of Chatarmin’s service breaches, is a total sum of €5.000,00 per calendar year per client. This sum can under no circumstances be extended beyond that point.

7. Severability

If a part of this contract is held to be illegal or otherwise unenforceable, the remainder of the contract still applies.

8. Product abuse

If we happen to find strong evidence that you are abusing our services, we may terminate our contract immediately and there is no chance for a refund for you.

Without our prior written permission it is strictly forbidden for you to

share your account with others - loan your account temporarily to someone else
download any content from chatarmin.com.at - save any content offline from chatarmin.com’ products or services
spread or republish any content from chatarmin.com' products or services
share or redistribute any content from chatarmin.com' products or services
sell, rent or sub-license material from chatarmin.com' products or services

9. Information disclaimer

All the information provided on chatarmin.com.at are the intellectual property of chatarmin.com GmbH and by no means a guarantee to be rightfully proven. Our goal is to do our best providing you the best software licenses that we are able to offer. If you happen to find "wrong" information or tips that might lead you to lose money there is no way chatarmin.com GmbH i. G. is liable for that.

10. Payment policy

All chatarmin.com prices will be declared and charged in the currency chatarmin.com decides. All chatarmin.com prices are total prices including all fees.

However, chatarmin.com does reserve the right to charge additional fees based upon fees by payment service provider you may use. As an example, chatarmin.com does reserve the right to charge an additional 6% fee for payments via PayPal, covering PayPal fees chatarmin.com has no control of.

Taxes will be added thereafter. Such tax is based on the bill-to address and the national tax rate in effect at the time of your purchase. In practice, 20% VAT is added for services fulfilled in Austria. Other countries are subject to a general reverse charge mechanism, where the recipient of our service is to declare taxes. Foreign currency exchange rates are due to the bank of the account you purchase a chatarmin.com product from. We reserve the right to refuse to make contract with you and deny payment. It is your responsibility to pay in a timely manner and that your payment method is valid. By you having access to one of our accepted payment methods we expect you to be of full awareness of buying a product online.

All sales are final. Prices may change over time and the services do not include any price protection or refunds in the event of a price reduction or promotional offering. Refunds will not take place after 14 days unless you can provide specific reasons for cancelling your subscription, which we'll evaluate from cause to cause and have the right to make the final decision. However, after our successful acceptance of your use of one of our offered payment methods, we will deliver the purchased product in timely manner. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund.

If any technical problems occur or unreasonable delay in delivery of over seven days after purchase of the product, your exclusive and sole choice is a refund of the price paid. For detailed information see the clause 12 of our terms of service, product delivery. Payment plans described as "monthly", "3months" or "annually" are auto-renewing and need to be proactively cancelled or unsubscribed by the user.

11. Subscription Termination

As you are a business client, it is only possible to terminate contract, after successful business transaction, at the end of each respective billing cycle, with a 3 months prior written notice.

The contractual relationship can be terminated at any time during a current billing period, upon a 3 months written information notice. In that case, the service or software will be delivered until the end of the current contract full stop, upon a 3 months prior cancellation notification in written manner.

An example of a monthly contract:

If the customer has concluded a "monthly subscription" which remains valid until the 17th of the month and is therefore automatically renewed on the 17th of the month, the customer can terminate the contract until the 16th of the month. The subscription will therefore end three months later, on the 17th of the third following month. If the customer wishes to terminate the contract upon an earlier date of termination, it is subject to a mutual separate agreement between the customer and Chatarmin.

An example of an annual contract:

If the customer has taken out an annual subscription until 23 December 2025 on 23 December 2024, he can cancel until 22 September 2025 with a cut-off date of 23 December 2025. If the client fails to provide prior written notice of contract termination until 22 September, contract will automatically be renewed for another respective timespan, in this case, another year.

Chatarmin holds the right to withdraw from any contract and aliquotally refund the client for any outstanding service or remaining contract length. Chatarmin has no need to inform the client about the reason of contract termination.

12. Product delivery

We promise to grant you access to your purchased product within seven days unless you' re taking place in a presale or other terms are explicitly stated in the specific campaign. Most of our products will be delivered instantly after successful payment.

chatarmin.com GmbH has the right to refuse to make contract with you for any reasons. Payment will then be neglected or refunded. If for whatever reason WhatsApp itself becomes unusable or WhatsApp's service is down and you can provide proof of it, you are eligible for a aliquotal refund for the current billing cycle you are in.

Our products will be delivered and open for your access until termination of chatarmin.com GmbH. Start of each respective billing cycle is the start of money received.

13. General

We may adjust our terms of service as well as our privacy policy from time to time. The changes will not be retroactive and the most current version of the terms will govern our relationship with you. We'll try to notify you of any changes via the communication channels you enabled us to have contact with you.

By continued usage of our service after such adjustments might take place, you agree to be bound by the updated terms as well as our privacy policy. Also the adjustment of prices for our services might be subject of changes. Temporarily by discounts or permanently by us changing the pricing of our products in general.

Also, service level agreements, data privacy protection policies, or Chatarmin’s imprint might be updated from time to time.

Updated legal docs are subject to any existing contract with Chatarmin upon informational notice sent out and documented by the Chatarmin team.

14. WhatsApp Commerce Policies

By using chatarmin.com you are automatically agreeing to the following WhatsApp terms of service, all in their current version:

To further understand the WhatsApp TOS, we recommend for you to read our own interpretation and statement of the WhatsApp TOS, compliant to the GDPR of the European Union.

15. Data Usage and sovereignty

These Data Processing Terms apply where the Business Terms specify that chatarmin.com processes personal information contained in your Customer Data as your processor. Where required by applicable data protection law, chatarmin.com and you agree that:

chatarmin.com will only process personal information in accordance with your instructions set out in the Business Terms and these Data Processing Terms.

chatarmin.com confirms that duration, object, type and purpose of the processing correspond to the information in the Terms of Service; the types of personal information processed include customer contact information as described in the Terms of Service; the categories of data subjects include customers with whom you communicate via the WhatsApp Service; and your obligations and rights as controller in relation to that personal information are as set out in these Data Processing Terms. chatarmin.com will ensure that any person authorized to process personal information in accordance with these Data Processing Terms is bound by appropriate confidentiality obligations. chatarmin.com will take appropriate technical and organizational measures to protect Personal Information processed under these Data Processing Terms from unauthorized or unlawful processing, accidental loss, alteration, disclosure or destruction. This includes the measures set out in these terms, which are updated from time to time to take account of technological developments, for example, and are expressly incorporated into these Business Terms. chatarmin.com will notify you immediately if WhatsApp or chatarmin.com becomes aware of a personal information breach. Taking into account the type of processing and the information available to WhatsApp, chatarmin.com will support you as far as possible in your role as the controller with appropriate technical and organizational measures, your obligations under the data protection law applicable to you as the controller to respond to requests from data subjects to exercise their rights of data subjects.

To the extent required by the data protection law applicable to you as a controller, the processor agrees to support your obligations as a controller, in particular those relating to security of processing or in relation to personal information breaches, by providing you, taking into account the nature of the processing and the information available to chatarmin.com provides appropriate support. Upon your request, chatarmin.com will provide you with any information and assistance reasonably necessary to demonstrate WhatsApp's compliance with its obligations as a processor under these Data Processing Terms.

Given the global nature of the chatarmin.com' Service, chatarmin.com or WhatsApp may subcontract its processing obligations under these Business Terms or the WhatsApp Data Processing Terms to a sub-processor that may be located in a country other than the country in which you are located, chatarmin.com is located or WhatsApp is located, including the European Economic Area or the United States. This can only be done by means of a written agreement which must impose obligations on the sub-processor that are no less stringent than the obligations imposed on chatarmin.com' Business Terms or WhatsApp by their Data Processing Terms. chatarmin.com and WhatsApp remain fully liable to you for the performance of that sub-processor's obligations. If WhatsApp Ireland is your contracting entity, the WhatsApp Business Data Transfers Addendum applies, which is incorporated by reference into these Data Processing Terms. You hereby authorize chatarmin.com and WhatsApp to engage other meta-companies and third parties as its sub-processor(s). Subject to applicable data protection laws, chatarmin.com and WhatsApp will notify you in advance of any changes related to its sub-processor(s). If you reasonably object to such changes, you may notify chatarmin.com and/or WhatsApp in writing and discontinue your use of our Business Services; and after termination of the Business Terms, chatarmin.com and WhatsApp will stop processing the Personal Information and delete it within the period set forth in the Business Terms, unless applicable law requires continued retention or WhatsApp has a right or obligation to use the Personal Information independently of the Business Terms.

16. Use of client name, logo, data, results and content for statistical, marketing and pr purposes

We reserve the right to use your name, logo, account data, account results, account statistics, account setup and account insights and content for statistical, sales-, marketing- and pr- purposes. Thus, any right to use a client's reference for marketing purposes is reserved, and needs prior withdrawal expressed through written notice by client in advance of consuming our services by purchasing chatarmin.com WhatsApp or other multi-messenger services.

17. End of service

If Chatarmin decides to withdraw from offering any services to its clients, remaining services or contractual agreements and obligations will

either be outsourced to a tech-partner providing comparable servies of the same quality, fulfilling any service agreed upon written contract
not be provided and aliquotally refunded for the remaining services or contractual timespan
be provided upon contract termination, without any further obligation or possibility to extend, refresh or re-contract the agreed service

18. Guarantees of revenues or business-value provided

Despite the Chatarmin team providing calculations and hypothetical value projections in the form of a “WhatsApp Financial Planning” or “WhatsApp Business Case” during Support or Sales procedures and communication, those projections are by no means binding and cannot be held or used against Chatarmin at any point.

19. Separate Agreements

Each and any contract between Chatarmin and a customer is subject to Chatarmin’s order processing agreement (German: “AVV = Auftragsverarbeitungsvereinbarung”) and technical organizational measurements (German: “TOM = Technisch-organisatorische Maßnahmen) that are to be requested specifically and will be provided by the Chatarmin team on demand to any customer or soon-to-be-customer.

Our standard service-level-agreement applies.

Thank you for accepting our ToS and have fun with the chatarmin.com GmbH, a product we put all our heart and energy into every day and night.

Yours,

Johannes Mansbart CEO and Founder on behalf of chatarmin.com Team