LEGAL

Terms of Service

DeOmSol OÜ, a limited liability company encorporated in Estonia under registration number 14384671, ("PM.chat," "we," or "us") enables corporate customers ("Subscribers", "Subscriber" or "you") to communicate with their customers (the "Customers") in real time by means of private text messages, which might as well contain graphics, files, location pins depending on channel provider (the "PM.chat Service"). In addition to basic messaging service PM.chat service might include lead generation, advanced analytics, automated chat-bots, short-links, QR-code generation etc.

Most recent data about DeOmSol OÜ (address, status, tax information) can be obtained from Estonian State e-Business registry https://ariregister.rik.ee/index?lang=eng

PM.chat Service is accessible by you through the PM.chat Client Area and Operator Room (desktop and mobile web applications).
By registering and/or using the PM.chat Service, you agree to these Terms of Service (the "Terms"), our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any portion of the PM.chat Service, as any of the same may exist from time to time.
If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP ACCESSING OR USING PM.CHAT SERVICE.

Modifications to These Terms

We reserve the right at all times to discontinue or modify any part of these Terms as we deem necessary or desirable. We suggest that you revisit our Terms from time to time to ensure that you stay informed of any such changes to the PM.chat Service. Your use of the PM.chat Service after we update these Terms will constitute acceptance of the modified Terms. We also reserve the right to change or discontinue any aspect or feature of the PM.chat Service including, but not limited to, requirements for access or use.

Modifications to The PM.chat Service

You understand and agree that the PM.chat Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. We may, in our sole discretion, elect to suspend or terminate access to, or use of the PM.chat Services to anyone who violates these Terms.

Account Setup

To use the PM.chat Service, you need to set up an account by registering on the PM.chat Client Area located at https://my.PM.chat.
When you register for an account, we will prompt you for registration information, such as name of your legal entity, country of incorporation, national tax id, your name, email address, account password, or in case of registration via Google OAUTH service you might connect your Google account to an account of my.PM.chat. Your registration information is protected by our Privacy Policy.

PLEASE BE AWARE THAT YOU MUST PROVIDE COMPLETE AND ACCURATE INFORMATION TO OUR PAYMENT PROCESSOR OR YOUR PAYMENT MAY BE AFFECTED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES.

You further agree (a) not to provide your password to anyone who is not your agent, and (b) to ensure all individuals permitted to use your account information are aware of and have agreed in writing to comply with the terms of these Terms.

Paid functionality and available payment methods

In order to use the PM.chat Service and activate paid functionality, you will have to replenish balance of your Account (located inside Customer Area https://my.PM.chat).
PM.chat does not make periodical withdrawals from your card neither PM.chat stores any of your payment data.
In order to add funds to your balance you have to create invoice inside Customer Area and after that proceed with payment. In case of successful payment your transaction will be displayed in the corresponding section and your balance will be increased by paid amount.
Available payment methods are:
1. Ordinary bank transfer by paying the invoice issued in the name of DeOmSol OÜ inside the Customer Area.
2. Credit/debit card or any other option available by our Payment Processor – PayLane sp. z o.o. which is located in Gdańsk at ul. Arkońska 6/A3, zip code: 80- 387, KRS: 0000227278


Subscription Period, Subscription Fees

The subscription period for a Subscriber can be month-to-month, yearly, quarterly, or another duration described in the account features for your account ("Subscription Period").

Subscriptions are subject to fees based upon the account type you have selected ("Subscription Fees"). For renewals, PM.chat deducts corresponding amount of money from the balance of your Account plus applicable taxes. All payments are nonrefundable.

To the extent that payment mechanisms are provided through third parties (the "Payment Processors"), you agree that PM.chat shall have no liability to you arising out of the acts or omissions of such third parties. YOU CONSENT TO ALLOW PM.CHAT TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS INDICATED IN INVOICES YOUR CREATE INSIDE CUSTOMER AREA FOR BALANCE REPLENISHMENT. If there is not enough balance on your Account for PM.chat to charge you for Paid services, PM.chat reserves the right to either suspend or terminate functionality of these Paid services and terminate these Terms. Subscriber shall have the right to request a full refund of the Subscription Fees within ten (10) days of its initial payment to the Company.

We may occasionally need to change the prices charged for these accounts. In the event of any increase in the price or material reduction in the features of any Subscription to which you subscribe, we will communicate these change(s) to you at least thirty (30) days in advance and the changes will only take effect with respect to any subsequent renewal of your Subscription.

Renewals and Cancellations

By default, in order to provide you with uninterrupted and hassle free service, you have to maintain proper amount of funds on the balance of your Account. You can cancel your account at any time by contacting customer service by any available means of communication. Cancellation will be effective immediately. Please note that after you cancel your account, you will not be able to use or access the PM.chat Service and you will not be entitled to a refund of any fees that you have paid.

Additional Offerings

From time to time we may offer additional offerings, such as various modules to enhance the PM.chat Service. These offerings may be offered to you separate and in addition to the Subscription Fee. Unless stated in writing otherwise, these Terms shall be applicable to any such additional offerings.

Requirements to Use the PM.chat Service

To use the PM.chat Service, you will need to have a desktop or portable computer or a mobile device. Minimal hardware requirements are as follows: the device should support latest version of Google Chrome, Apple Safari or Mozilla Firefox browsers and have Internet access.
If you access the PM.chat Service using a wireless data plan on your mobile device, you may incur increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access the PM.chat Service.

Service Limitations

PM.chat uses commercially reasonable efforts to make the PM.chat Service available 7 days a week 24 hours a day. However, PM.chat does not guarantee availability of the PM.chat Service, shall not have any liability to you for any unavailability of the PM.chat Service, and is under no obligation to provide you with maintenance, technical support or updates for the Software or PM.chat Service unless provided in conjunction with your plan type and, if provided, in the manner as determined by PM.chat from time to time.
We will use commercially reasonable efforts to provide twenty-four (24) hour advance notice to you in the event of any scheduled downtime. We reserve the right to suspend or terminate access to your account if your use of the PM.chat Service disrupts, impedes or otherwise negatively impacts the operation of the PM.CHAT Service or the use of the PM.CHAT Service by other customers or if you violate any of these Terms.

License to Use the PM.CHAT Service

License.
Subject to these Terms, PM.chat grants you a revocable, limited, non-transferable, nonexclusive license to access and use the PM.chat Service for Subscriber's own use. Except for the foregoing license grant, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the PM.chat Service, ownership of which is retained by PM.chat. All updates to the PM.chat Service are governed by these Terms.

Compliance.
You agree to comply with any local laws and regulations regarding your right to use the PM.chat Service.
You warrant that you have obtained sufficient consent and rights (i) to access any third party or end user's systems or networks, and (ii) to access, use and store all data and files on the PM.chat systems or otherwise use via the PM.chat Service such data and information.
You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the PM.chat Service available to any third party; (c) modify, adapt, or hack the PM.chat Service or otherwise attempt to gain unauthorized access to the PM.chat Service or related systems or networks; (d) falsely imply any sponsorship or association with PM.chat, (e) use the PM.chat Service in any unlawful manner, including but not limited to violation of any person's privacy rights; (f) use the PM.chat Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person's intellectual property rights; (g) use the PM.chat Service in any manner that interferes with or disrupts the integrity or performance of the PM.chat Service and its components (h) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any Software; (i) use the PM.chat Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (j) carry out any distributed denial-of-service attacks; (k) use the PM.chat Service to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software ("Malicious Software"); or (m) try to use, or use the PM.chat Service in violation of these Terms.
You may not access or use the PM.chat Services if you are a competitor of PM.chat, except with our prior written consent. You may not access or use the PM.chat Service for the purposes of monitoring performance, availability, functionality, or for any benchmarking or competitive purposes.

Support.
PM.chat will use commercially reasonable efforts to provide Subscriber with maintenance and support for the PM.chat Service in accordance with its standard practices, as amended from time to time (the "Support Services"). The current support policy is provided at https://PM.chat/. PM.chat shall have no obligation to support any version other than the then current and immediate prior version of the PM.chat. PM.chat will provide the Subscriber with any patch, update or new version of the PM.chat service that it makes generally available to its other Subscribers that have purchased the same level of support.

Protection of Service Data; Security & Privacy; Confidentiality

PM.chat will maintain reasonable administrative, physical, and technical safeguards for protection of the security and confidentiality and integrity of Service Data transmitted through the PM.chat Service.
For purposes of these Terms, Service Data refers to means electronic data, text, messages, communications or other materials submitted to and stored within the PM.chat Service by the Subscriber (including its agents) and the Subscriber's Customers in connection with the Subscriber's use of the PM.chat Service, which may include, without limitation, Personal Data, which shall mean any information relating to an identified or identifiable natural person. This might be by reference to an identifier such as a name, ID number, location data or online identifier, or by factors specific to them, such as their physical, genetic, economic or social identity.
Notwithstanding the foregoing, as between PM.chat and the Subscriber, the Subscriber is solely responsible for ensuring compliance with all applicable laws in connection with the collection and/or processing of Personal Data of the Subscriber's Customers. To the extent Service Data constitutes Personal Data, the Subscriber shall be deemed to be the data controller and PM.chat shall be deemed to be the data processor as those terms are understood under the Data Protection Regulations.
Under no circumstances will PM.chat be deemed a data controller with respect to Service Data under Data Protection Regulations or any relevant law or regulation of any Member State as defined in Data Protection Regulations.
If you need a signed Data Processing Agreement, please contact us at privacy@PM.chat. For purposes of these Terms, Data Protection Regulations refer to EU Regulation 2016/679 (GDPR) (and any applicable national laws made under it) if the Subscriber is established in an European Economic Area ("EEA") member state or where the Subscriber's agents or Customers access the PM.chat Service from an EEA member state or the Swiss Federal Act of 19 June 1992 on Data Protection (as may be amended or superseded) if the Subscriber is established in Switzerland.
By agreeing to these Terms, the Subscriber grants PM.chat a general authorization in the meaning of Article 28 (2) of GDPR to engage processors for the purposes of providing the PM.chat Service. The PM.chat will inform the Subscriber of changes in such processors in accordance with the procedure of modifying these Terms as stipulated in these Terms.

List of Processors:
Amazon Web Services – A web hosting, file storage and backup services in Ireland and the US (Privacy Shield certified).
Hetzner Online - A web hosting, file storage and backup services in Germany.

"Confidential Information" of a party shall mean all confidential or proprietary information and documentation of such party, whether or not marked as such. Confidential Information does not include (i) information that is or becomes generally known to others, but not as a result of breach of confidentiality obligations or other wrongful acts; (ii) information that was known to the receiving party at the time of disclosure; (iii) information learned from a third party holding same lawfully and not subject to confidentiality obligations; and (iv) information required to be disclosed by law, regulation, or court order, to the extent such requirement is actually imposed and only after prompt notice to the other party. You and PM.CHAT agree to hold the other's Confidential Information in confidence; to use the other's Confidential Information only to perform the duties and exercise the rights set forth in these Terms and pursuant to the PM.CHAT Service; and not to disclose the other's Confidential Information to third parties (except authorized employees and agents having a reasonable need to know) without the disclosing party's express prior written consent. You and PM.CHAT shall safeguard the other's Confidential Information against unauthorized use and disclosure with means at least as secure as it employs to safeguard its own Confidential Information, and in no event with less than reasonable means.

Intellectual Property Rights.

PM.CHAT Service, PM.CHAT Materials, all PM.CHAT software, PM.CHAT trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by PM.CHAT and its third party vendors and hosting partners. d are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. PM.CHAT, its affiliates and licensors retains all right, title and interest in such PM.CHAT Services, PM.CHAT Materials, PM.CHAT trade names and trademarks, and any parts or elements. Your use of the PM.CHAT Services and PM.CHAT Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the PM.CHAT Materials is strictly prohibited unless you have received the express prior written permission from Supplier or the otherwise applicable rights holder. Supplier reserves all rights to the PM.CHAT Services, PM.CHAT Materials and PM.CHAT trade names and trademarks not expressly granted in the Terms. For purposes hereof, PM.CHAT Materials means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, "look and feel", organization, compilation of the content, code, data, and all other elements of the PM.CHAT Service.

Term and Termination

Your rights to use the PM.CHAT Service are effective through the end of applicable Subscription Period unless earlier terminated. These Terms will terminate immediately without notice to you upon the earlier of (i) notice of your election to cancel your account, (ii) the posting of a new version of these Terms through the PM.CHAT Service with notice to you (which you acknowledge that PM.CHAT may provide by any means, including without limitation, by posting through the PM.CHAT Service), in which case the new Terms shall apply to you unless you cancel your account within a 10 day period; or (iii) any material breach by the Subscriber, its agents or Customers of these Terms. Upon termination, the licenses granted to you by PM.CHAT shall cease and you shall promptly stop using any of PM.CHAT applications.

Disclaimer of Warranties

THE PM.CHAT SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PM.CHAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PM.CHAT DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE PM.CHAT SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE PM.CHAT SERVICE WILL BE ACCURATE OR RELIABLE; OR (III) ANY ERRORS IN THE PM.CHAT SERVICE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PM.CHAT SERVICE REMAINS WITH YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PM.CHAT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (AND WITH RESPECT TO FREE ACCOUNTS FOR ANY DIRECT DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WIDGET OR THE PM.CHAT SERVICE EVEN IF PM.CHAT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PM.CHAT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF MONEY THAT YOU HAVE PAID TO PM.CHAT IN THE PRECEDING TWELVE MONTHS PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN PM.CHAT AND RECEIVED THROUGH OR ADVERTISED ON OR THROUGH THE PM.CHAT SERVICE. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PM.CHAT'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PM.CHAT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY PM.CHAT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, PM.CHAT'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Any claims or damages that you may have against PM.Chat shall only be enforceable against PM.Chat and not any other entity or its officers, directors, shareholders, representatives or agents.

Internet Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT (i) THE INTERNET IS NOT A SECURE INFRASTRUCTURE, (ii) PM.CHAT HAS NO CONTROL OVER THE INTERNET, AND (iii) PM.CHAT SHALL NOT BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE PM.CHAT SERVICE.

Indemnification

You agree to indemnify, defend and hold PM.chat and its officers, directors, employees, shareholders, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees in connection with (i) your use of the PM.chat Service, (ii) your agents and Customers' use of the PM.chat Service; (iii) your violation of these Terms, (iv) your agents and Customers' violation of these Terms; (v) your violation of any third-party rights, including any intellectual property rights; or (vi) your agents and Customers' violation of any third-party rights, including any intellectual property rights.

Electronic Communications

By using the PM.chat Service, you consent to receiving electronic communications from PM.chat. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the PM.chat Service. These electronic communications are part of your relationship with PM.chat. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Change of the Terms

We reserve the right to make changes to the PM.chat Service or these Terms at any time. Such amended Terms shall be effective within 10 days from posting through the PM.chat Service and will have no effect on transactions that were completed before such posting. Please check the Terms published on the PM.chat Service regularly to ensure that you are aware of all terms governing the PM.CHAT Service. Our failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.

Contact Us

If you have any questions about these Terms or otherwise need to contact PM.chat for any reason, you can reach us:
1. E-mail us at: tos@PM.chat
2. Use special feedback customer support form in Client Area
3. Direct message us through https://PM.chat/start
Version: January 04, 2019