These Terms of Use ("Terms") constitute a legally binding agreement between you and NAVA TECHNOLOGY PTE. LTD. (together with its affiliates, "Likchat", "we," "our" or "us") governing your use of our products, services, and website (the "Site" and collectively with the foregoing, the "Services").
By clicking the "I Agree" button, registering for an account, downloading the App, or using the Services, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Services. These Terms apply to all users of the Services, including individuals, businesses, agencies, and other entities.
Any personal data you submit to us or which we collect about you is governed by our Privacy Policy ("Privacy Policy"), which is incorporated by reference into these Terms.
1. Our Services
Likchat provides a platform that enables individuals and businesses to automate interactions on Instagram. Our services include, but are not limited to, auto-replying to comments, responding to Direct Messages (DMs), filtering negative comments, and sending welcome messages to new followers. The Services are designed to help you manage your Instagram account more efficiently.
Currently, Likchat is offered as a limited-time free service. We reserve the right to transition to a paid subscription model at any time. You will be notified of any changes to our pricing structure via email or through the Site. Your continued use of the Services following any pricing change constitutes your acceptance of the new pricing terms.
2. Account and Registration
To use the Services, you must create an account ("Account") and provide certain information, including linking your Instagram 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. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any login and password provided by you or given to you by Likchat for accessing the Services. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you.
The person signing up for the Services will be the contracting party ("Account Representative") for the purposes of these Terms and will be the person who is authorized to use any corresponding Account we provide to the Account Representative in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer or another legal entity, your employer or such entity shall be the Account Representative. As the Account Representative, you are solely responsible for complying with these Terms and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account.
By providing your email address and phone number and by using the Services, you hereby affirmatively consent to Likchat's use of your email address and phone number in order to (i) perform and improve upon the Services, (ii) facilitate the carrying out of our Services, and (iii) provide you with information and reminders regarding your registration, changes and updates, service outages, or alterations. These communications may include push notifications and other reminders delivered through our App. You may opt-out of receiving marketing communications by modifying your Account settings on the Site or the App, by stating that you no longer wish to receive such communications, or by visiting our support page and specifying you want to opt-out.
3. Agencies and Business Owners
A "Business Owner" is any individual or entity that uses Likchat's Services to automate and manage their Instagram account. An "Agency" is any service provider retained or hired by a Business Owner to create and/or manage a Likchat account and use the Services on the Business Owner's behalf. An Agency is not required for a Business Owner to use the Services.
If you are an Agency using our Services to provide services to a Business Owner, you (i) agree to correctly identify such Business Owner as an administrator on the Account and, if applicable, on the applicable Instagram account, and (ii) confirm you are authorized to use the Services and the Account on behalf of the Business Owner.
The Business Owner shall be the sole and exclusive account representative of any Account created on its behalf by an Agency; provided that the Agency shall maintain its rights and interests in and to all designs, templates, flows, or other intellectual property associated with the automation work product created by such Agency for the Business Owner (such work product, the "Agency Content").
In the event of a termination of the relationship between a Business Owner and its Agency, the Business Owner will promptly notify Likchat of such termination. Following the transfer of an Account from an Agency to the Business Owner, the Business Owner shall be solely responsible for the payment of any subscription plans and/or fees due with respect to the Account.
4. User Generated Content
"User Generated Content" is defined as any content, information, and materials that may be textual, audio, or visual that you or any user provide, submit, upload, publish, or make otherwise available to the Services and our users. You are solely responsible for your User Generated Content, and we act merely as a passive conduit for your online distribution and publication of User Generated Content. You acknowledge and agree that Likchat:
You hereby represent and warrant to Likchat that your User Generated Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography or be harmful to minors; (vi) will not contain any viruses, Trojan Horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vii) will not represent you being employed or directly engaged by or affiliated with Likchat or purport that you are authorized to act as a representative or agent of Likchat; and (viii) will not create liability for Likchat or cause Likchat to lose (in whole or in part) the services of its ISPs or other suppliers.
By making available any User Generated Content through the Services, you hereby grant to Likchat permission to use, process or disclose such User Generated Content on, through or by means of the Services, for the purposes of providing the Services to you, modifying, improving and operating the Services and/or as otherwise permitted by this Agreement. We do not claim any ownership rights in any such User Generated Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Generated Content.
5. Communication by Text Message or Email
If you would like to communicate with your users via text message, email, or through the Services, you hereby agree to the following Compliance and Indemnity Terms ("CIT"). You are required to use the Services in full compliance with all applicable laws and regulations, including without limitation, all state, provincial and federal laws specifically including but not limited to the Telephone Consumer Protection Act of the United States, as amended ("TCPA"); the Personal Information Protection and Electronic Documents Act of Canada ("PIPEDA"), and any substantially similar provincial privacy laws; and Canada's Anti-Spam Law ("CASL"), all as may be amended (the TCPA, PIPEDA and CASL are collectively referred to as the "Electronic Messaging Laws").
You agree that you have read and understand the Electronic Messaging Laws and any similar state or provincial/territorial laws, and all other applicable laws and regulations. You understand that in some cases, applicable state and local restrictions are more restrictive than the federal rules. You should review these rules with your own legal counsel to ensure that you understand and comply. Likchat will not assume responsibility for ensuring that your activities meet applicable legal requirements. Likchat will not assume any liability if you are ever held guilty or found liable for any violation of law, rule or regulation.
You understand and acknowledge that it is generally a violation of federal law, including the TCPA, to contact a consumer by phone, text or email without prior express written consent. Likchat is not responsible for ensuring that you do not transmit messages to consumers, including by telephone or email in violation of the consent rules.
You understand and acknowledge that it is generally a violation of the federal law of Canada, including CASL, to contact a consumer by text message, phone, electronic messaging, or email without prior express written consent. You will not contact any individual through the Services or about the Services unless you have established consent to do so in accordance with the applicable law. You will provide proof of such consents or opt-ins, the messages you have sent, and your implementation of unsubscribe requests to us upon our request. You will include all content required under the applicable laws in your messages, including your name, mailing address, email, telephone or web address, and the ability to unsubscribe. You will not send any messages to any individual using the Services if the individual has opted out or withdrawn their consent, including if they have replied "STOP", or similar, to one of your previous messages. You, not Likchat, are solely responsible for the content of your messages, and its compliance with all applicable law. You acknowledge and agree that Likchat acts solely as a service provider to allow the sending of your messages, but that you exercise control over the message content and destination and must ensure your messages comply with all applicable laws.
You agree to indemnify, defend and hold harmless Likchat, along with its owners, members, directors, officers, agents, employees, contractors, consultants and vendors from and against any and all claims, suits, fines, costs, expenses, judgments and fees, including reasonable attorney's fees, court costs and expenses, arising out of a claim alleging any violation by you of the law, or alleging facts that would constitute a breach of your warranties or obligations contained in these Terms of Service, including this CIT. You will promptly indemnify, defend or settle, any such third-party claim, demand, lawsuit, investigation or proceeding brought against Likchat. Likchat will promptly notify you of such claim, provide you with reasonable information, assistance and cooperation in defending the lawsuit or proceeding, and give you control and authority over the defense and settlement of such claim, subject to Likchat's approval of any such settlement, which approval will not be unreasonably withheld.
6. Communication with Likchat and its Clients
You verify that any contact information provided to Likchat and its clients, including, but not limited to, your email address and phone number, is true and accurate. You further verify that you are the telephone or email subscriber and/or that you own any telephone numbers and/or email addresses that you provide to Likchat and its clients. You acknowledge that by voluntarily providing your telephone numbers and/or email addresses to Likchat and its clients, you expressly agree to be contacted at the telephone numbers and/or email addresses you provide. You consent to receive emails, text messages, and other communications by or on behalf of Likchat and its clients relating to this agreement, any transaction with Likchat and its clients, matters related to your account, and promotions from Likchat and its clients. You acknowledge that you may incur a charge for these texts or calls by your telephone carrier and that Likchat and its clients will not be responsible for these charges.
7. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services:
We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services:
We preserve the right to limit access to the platform for users whose actions result in degrading the experience of other platform users, Likchat's employees, affiliates, or partners or the employees, affiliates, or partners of any other platform, including without limitation, Instagram.
We also reserve the right to review, delete, and, if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process, disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of Likchat, its users and the public.
8. Representations and Warranties; Compliance with Laws
You represent and warrant that: (i) you are 18 years of age or older or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
You further represent and warrant that (i) you have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Services, (ii) you will act professionally and responsibly in your interactions with other users, and (iii) when using or accessing the Services, you will act in accordance with any applicable local, state, or federal law or custom and in good faith.
You are responsible for determining whether the Services are suitable for you to use in light of any applicable regulations. You may not use the Services for any unlawful or discriminatory activities. You are also responsible for notifying the end-user of data collection in connection with the Services, as required by applicable law.
You represent and warrant that you shall be solely responsible for obtaining end user consent for any communications in full compliance with all applicable laws, rules, and regulations, including, without limitation, the Telephone Consumer Protection Act, 47 U.S.C. 227 and its implementing regulations, 47 C.F.R. 64.1200. You further represent and warrant that you shall not use the service to communicate with consumers who have requested that you cease contacting them.
You hereby warrant and represent that, other than as fully and promptly disclosed to Likchat as set forth below, you do not have any motivation, status, or interest which Likchat may reasonably wish to know about in connection with the Services, including without limitation, if you are using or will or intend to use the Services for any unlawful purpose. You hereby warrant and represent that you will promptly disclose to Likchat in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Services.
9. Mobile App Updates and Upgrades
By installing the App, you consent to the installation of the App and any updates or upgrades that are released through the Services. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Likchat's servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App at any time.
10. Billing and Payment
Current Free Service Period: Likchat is currently offered as a limited-time free service. During this free period, you are not required to provide payment information to use the Services.
Future Paid Service: We reserve the right to transition to a paid subscription model at any time. If we implement paid services, payment will be processed through a third-party payment processing system (the "PSP") as indicated on the Services. You may be required to register with the PSP, agree to terms of service of the PSP, provide your payment details to the PSP and go through a vetting process at the request of the PSP to set up an account with the PSP (the "PSP Services Agreement"). By accepting these Terms of Service, you agree that you have reviewed and agreed to the PSP Services Agreement. Please note that Likchat is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Likchat has no obligations, responsibility or liability to any user or any other party under the PSP Services Agreement.
Pricing and Taxes: All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future ("Taxes"). Any applicable Taxes are based on the rates applicable to the billing address you provide to us and will be calculated at the time a transaction is charged to your Account. Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Subscription Plans: Our charges for subscription plans (monthly, annual, or other period, as applicable from time to time) and fees for any additional Services are posted on the Site and may be changed from time to time. If you have signed up for a Likchat subscription plan (each a "Subscription Plan") and any part of a month, year, or other period is included in the Term, then payment will be due for the full month, full year, or full other period, as applicable. Payments for monthly Subscription Plans are due for any month on the same or closest date to the day you made your first monthly payment, and Payments for yearly Subscription Plans are due for any year on the same or closest date to the day you made your first yearly payment.
Auto-Renewal: If you have signed up for a Subscription Plan or have opted to auto-refill your account with funds to pay for certain Services, you will provide us with valid credit card information and hereby authorize us to deduct the monthly, yearly or other automatic charges against that credit card. You'll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If we're unable to process your credit card order, we'll try to contact you by email and will suspend your account until your payment can be processed.
Refund Policy: We'll give you a refund for all or a portion of a prepaid month or year, as applicable, if we stop providing our Services to you for a reason that's not laid out in these Terms as determined by Likchat in its sole discretion. We may offer a refund to customers, if such customer applies for a refund based on the requirements posted on the Site. You won't be entitled to a refund from us under any other circumstances.
Price Changes: We may change our fees at any time by posting a new pricing structure to our Site and/or sending you a notification by email. Your continued use of the Services following any pricing change constitutes your acceptance of the new pricing terms.
Trial Period: From time to time, we may offer trials of paid Services for a specified period without payment or at a reduced rate (a "Trial"). We reserve the right to determine eligibility for any Trial, which may vary based on factors including, but not limited to, the Services selected and how recently you redeemed a Trial. Certain limitations may also exist with respect to combining Trials with any other offers.
Each Trial provides access to the Services at the price advertised (if any) for an initial, introductory period (the "Trial Period") beginning at the moment you confirm your acceptance of the Trial by submitting valid payment details that are accepted by us. By submitting your payment details you: (i) confirm your acceptance of the Trial and (ii) accept and agree to these Terms of Service. All information collected by us under any Trial will be processed and used in accordance with our Privacy Policy.
A Trial must be accepted before the applicable expiration date advertised, if any. Except where prohibited by law, we reserve the right to modify, suspend, or terminate a Trial at any time and for any reason, in which case we will not honor subsequent Trial enrollments. The Trial Period shall continue for the period as advertised, subject to the previous sentence.
UNLESS YOU CANCEL A TRIAL BEFORE THE END OF THE TRIAL PERIOD, YOU WILL AUTOMATICALLY BECOME A RECURRING SUBSCRIBER TO THE SERVICES YOU CHOSE TO SIGN UP FOR UNDER THE TRIAL AND THE PAYMENT METHOD YOU PROVIDED WILL AUTOMATICALLY BE CHARGED THE THEN-CURRENT APPLICABLE PRICE. IF YOU CANCEL THE TRIAL DURING THE TRIAL PERIOD, YOU WILL LOSE ACCESS TO THE SERVICES. TO CANCEL, YOU MUST LOG INTO YOUR ACCOUNT AND FOLLOW THE PROMPTS ON THE ACCOUNT PAGE.
11. Termination and Suspension
Unless otherwise agreed to in writing between you and Likchat, either party may terminate these Terms of Service for any or no cause, at any time. You may cancel and delete your Account at any time by either using the features on the Services to do so. After cancellation, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of these Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.
We reserve the right to refuse the Services to anyone for any reason at any time. Likchat may terminate or limit your right to use the Services in the event that we are investigating or believe that you have breached any provision of this Agreement without any notice. If Likchat terminates or limits your right to use the Services pursuant to this section, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
12. Links to Third-Party Websites; Optional Third-Party Tools
The Services may contain links to third-party websites or services that are not owned or controlled by Likchat. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We are not responsible for any third-party services or content accessed through the Services. Your use of third-party websites and services is at your own risk and subject to their terms and conditions.
13. Optional Likchat-Provided Tools
Likchat may provide certain optional tools, features, or services as part of the Services. Your use of any optional tools is entirely at your discretion and is subject to these Terms and any additional terms or conditions that may apply to such tools.
14. Ownership and Intellectual Property Rights
All rights, title, and interest in and to the Services (excluding any content provided by you) are and will remain the exclusive property of NAVA TECHNOLOGY PTE. LTD. and its licensors. The Services are protected by copyright, trademark, and other laws of both Singapore and foreign countries. You are granted a limited, non-exclusive, non-transferable license to use the Services for your personal or business use in accordance with these Terms. You may not reproduce, distribute, modify, or create derivative works of the Services without our prior written consent.
15. Copyright Complaints and Copyright Agent
If you believe your copyright has been infringed through the Services, please contact us at services@likchat.com with the following information: (i) a description of the copyrighted work you claim has been infringed; (ii) a description of the material you claim is infringing; (iii) your contact information; and (iv) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
16. Confidential Information
You agree not to disclose Likchat's confidential information without our prior written consent. "Confidential Information" includes without limitation all non-public information regarding the Services, including but not limited to technical data, trade secrets, business plans, and customer information. This obligation shall survive termination of these Terms.
17. Disclaimer of Warranties
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Likchat makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Likchat does not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.
18. Indemnification
You agree to defend, indemnify and hold harmless NAVA TECHNOLOGY PTE. LTD. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Service, or a breach of these Terms. This indemnification obligation applies to any claims arising from your violation of applicable laws, your breach of these Terms, your violation of any third-party rights, or any other misuse of the Services.
19. Limitation of Liability
In no event shall NAVA TECHNOLOGY PTE. LTD., nor 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, resulting from your access to or use of or inability to access or use the Services, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the amount you have paid to us in the 12 months preceding the claim, or if you have not paid us anything, then our liability shall not exceed one hundred dollars (USD $100).
20. Dispute Resolution – Arbitration & Class Action Waiver
Informal Resolution: In the event any dispute or claim arises out of or relating to your use of the Services, you agree that you will contact us by submitting your dispute or claim via services@likchat.com, and you and Likchat will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification, such matter will be deemed a "Dispute" as defined below.
Binding Arbitration: Except where prohibited by local law, you and Likchat agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Likchat both agree to waive the right to a trial by jury.
Class Action Waiver: You and Likchat agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Likchat both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Likchat agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.
Arbitration Administration and Rules: The arbitration will be administered by the Singapore International Arbitration Centre (SIAC) in accordance with the SIAC Rules then in effect, except as modified by this "Dispute Resolution" section. The arbitration shall be conducted in English.
Arbitration Location and Procedure: Unless you and Likchat agree otherwise, the seat of the arbitration shall be in Singapore. The arbitrator will be a qualified arbitrator selected in accordance with the SIAC Rules. Subject to the SIAC Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.
Arbitrator's Decision and Governing Law: The arbitrator shall apply the laws of Singapore, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the SIAC Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the "Disclaimer of Warranties" section above.
Fees: Each party's responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the SIAC Rules.
21. Governing Law
These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
22. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
23. General Provisions
Failure by Likchat to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Likchat with respect to its subject matter and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the "Class Action Waiver" in Section 20, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Likchat, its successors and assigns.
24. Changes to this Agreement and the Services
Likchat reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time, effective with or without prior notice and without any liability to Likchat. Likchat will endeavor to notify you of material changes by email but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Services. Your continued use of the Services following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Likchat may also impose limits on certain features or restrict your access to part or all of the Services without notice or liability.
25. No Rights of Third Parties
None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.
26. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which this Agreement refers electronically, including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.
27. Contacting Us
If you have any questions about these Terms of Service or about the Services, please contact us by submitting your question via services@likchat.com.
NAVA TECHNOLOGY PTE. LTD. ("Likchat", "we," "our," or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Services.
This Privacy Policy is incorporated into our Terms of Use. We may also provide you with a Data Processing Addendum ("DPA") upon request, which will govern the processing of personal data on behalf of our customers. Please read this Privacy Policy carefully. If you do not agree with our policies and practices, please do not use our Services.
1. How We Collect Personal Data
We collect information about you in a variety of ways. The information we may collect via the Services includes:
Information You Provide Directly: Personally identifiable information that you voluntarily provide when you register for an Account, such as your name, email address, phone number, and other contact details. We also collect information when you complete forms, participate in surveys, provide feedback, or contact us for support.
Information from Social Networks: User information from social networking sites, such as Instagram, including your Instagram username, profile information, follower data, and publicly available information about your account. This information is collected when you authorize Likchat to connect to your Instagram account.
Payment Information: If you use paid services, we collect payment information through our third-party payment processors. We do not directly store your full credit card information, but we may store the last four digits and other non-sensitive payment details.
Automatically Collected Information: Information our servers automatically collect when you access the Services, such as your IP address, your browser type, your operating system, your access times, the pages you have viewed, and your device information.
Cookies and Tracking Technologies: We use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Services and improve your experience. For more information on how we use cookies, please refer to our Cookie Statement.
Customer Content: Any content, messages, or data that you store, upload, or process through the Services, including the content of direct messages, comments, and automated responses you create.
2. What Types of Personal Data We Process
Account Information: Your name, email address, phone number, username, password, and other information you provide during registration.
Profile Information: Information about your Instagram account, including your username, profile picture, bio, follower count, and other publicly available profile data.
Communication Data: Records of your communications with us, including support tickets, emails, and chat messages.
Usage Data: Information about how you use the Services, including features accessed, actions taken, and time spent on the platform.
Technical Data: Your IP address, browser type, operating system, device type, device ID, and other technical information about your device and connection.
Financial Data: Information related to payments and billing, including transaction history, subscription plan details, and billing address (last four digits of credit cards only).
Marketing Data: Information about your preferences for receiving marketing communications and your engagement with our marketing materials.
Location Data: Approximate location information based on your IP address.
Sensitive Data: We do not intentionally collect sensitive personal data such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, or data concerning sex life or sexual orientation.
3. For Which Purposes We Use Personal Data
We collect and process your personal data for the following purposes:
To Operate the Service: We use data to enter into the agreement with you as a customer and operate, maintain and administer your account in the Service, as well as to communicate with you regarding the account (sending announcements, technical notices, updates, security alerts, and support and administrative messages) and to respond to Service-related requests, questions and feedback. We also use your data to perform our billing obligations.
To Provide the Service: We process Customer Content information on your behalf as a customer. This includes storing, processing, and managing the Instagram data you authorize us to access and the automated responses you create.
To Communicate with You and Inform You About the Service: If you request information from us, register for the Service, complete a form or provide feedback on the Site, or participate in our surveys, promotions or events, we may send you Likchat-related marketing communications if permitted by law. In all such communications, we will provide you with the possibility to opt-out. We may also use personal data collected about you to display advertisement campaigns on social media.
To Conduct Events and Communicate with You: We use your personal data, which you provided while registering for the event, to send you reminders about the event, communications related to the event and Likchat-related services. We may also ask for your feedback. In communications, we always provide the possibility to opt-out from communications.
To Comply with Law: We use your personal data as necessary to comply with applicable laws, including sanction requirements, accounting and tax obligations, legal processes or audits, to respond to subpoenas or legally binding requests from government authorities. Before disclosing any information to an authority upon its request, we check the validity of such request carefully.
To Negotiate, Enter and Perform Agreements: We have to collect and process information about our counterparties and their representatives to negotiate and enter into legally valid agreements and cooperate with them.
For Compliance and Safety: We use your personal data as we believe necessary or appropriate to (a) enforce the terms and conditions that govern the Service; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
For Service Improvement: We may use anonymized Customer Content for product improvement, analytical purposes, and to develop new features and services.
4. How We Share Personal Data
We do not sell your data to third parties for commercial or advertising purposes. We share your data as described in this Privacy Policy or upon obtaining your consent for such data sharing.
We disclose personal data to third parties under the following circumstances:
Service Providers: We employ third-party companies and individuals to help us with performance of certain activities, including payment service providers, cloud storage providers, email service providers, analytics providers, and customer support platforms. These third parties are permitted to use personal data about you only to perform these tasks and for no other purpose.
Advertising Partners: We may share limited personal data with our advertising partners to measure the effectiveness of our advertising, build or refine audiences, and (where permitted by law or your consent) personalize ads. This may include sharing certain identifiers (e.g., a hashed email address or other pseudonymous identifiers) so that they can recognize you across devices and platforms and perform ad measurement and attribution. We do not disclose raw email addresses to advertising partners; when used, identifiers are hashed using a one-way algorithm and transmitted securely.
Professional Advisors: We may disclose your personal data to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
Third-party Applications and Integrations: For the provision of the Service, we receive and share data with integrations and apps linked by customers (Instagram, etc.), as well as applications developed through our integration program.
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of Likchat (or its assets) will continue to have the right to use your personal data and other information in accordance with the terms of this Privacy Policy.
Compliance with Laws and Law Enforcement: Likchat may disclose information about you to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern the Service; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
Corporate Affiliates: We may share personal data with our corporate affiliates for the purposes described in this Privacy Policy.
5. Your Data Protection Rights & Choices
You, including any data subject that has its personal data processed by Likchat in its capacity of data controller, may have the following rights depending on the applicable legislation in your jurisdiction:
Right to Access: You have the right to confirm the existence of processing of your personal data or access your personal data that Likchat collects. You can do so at any time by contacting us.
Right to Rectification: You can contact us to update, correct incomplete, inaccurate, or outdated data or delete information in your account.
Right to Know About Data Sharing: You have the right to request information about data sharing and with whom it is shared.
Right to Information About Consent: You have the right to request information about the possibility of not providing consent and the consequences of refusal.
Right to Object: If you are in the European Economic Area ("EEA"), the UK, Brazil or Switzerland, you can object to processing of your personal data, ask us to restrict processing of your personal data processed with consent.
Right to Data Portability: If you are in the EEA, the UK, Brazil or Switzerland, you can request portability of your personal data where it is technically possible.
Right to Withdraw Consent: If you are in the EEA, the UK, Brazil or Switzerland, and provided we have collected and processed your personal data under your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on other lawful processing grounds.
Right to Not Be Subject to Automated Decision-Making: You have a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects.
Right to Information About International Transfers: You have the right to obtain additional information about international transfers of your Personal Data and access the contractual regulation of such transfers.
Right to Lodge a Complaint: You have the right to complain to a data protection authority about our collection and use of your personal data. Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries are available upon request.
How to Submit Requests: You may submit your request via the "Privacy & Security" section of our Support Page or by sending an email to services@likchat.com. We will respond to all requests in accordance with applicable data protection laws, typically within 30 days.
Access to Data Controlled by our Customers: We don't have any direct contractual relationships with customers' end users, i.e. the individuals whose personal data is stored by our customers in the Service. An individual who seeks access, or who seeks to correct, amend, or delete personal data processed in the Service by our customers is advised to initially direct their request to the Customer directly.
6. For How Long We Retain Personal Data
We will retain your personal data only for as long as necessary to fulfil the purposes for which it was collected or otherwise processed, and in accordance with applicable laws and legitimate business requirements.
Standard Retention: We will retain and process personal data within the Service until you terminate the Agreement with us, or your user account is terminated either at your explicit request or due to prolonged inactivity (typically 12 months without login). Once your account is deleted or deactivated, we will securely delete or anonymise your personal data within 30 days, unless a longer retention period is required by law or necessary to establish, exercise, or defend legal claims.
Legal Holds: We may retain personal data for longer periods if required by law, court order, or to comply with regulatory requirements.
Backup and Archive Data: We may retain backup copies of your personal data for up to 90 days after deletion for disaster recovery purposes.
Brazil-Specific Retention: If you are located in Brazil, we also have to store access logs for a 6-month period to meet the requirements provided by the Brazilian Internet Act (Law 12,965 of April 23, 2014).
Dispute Resolution: We may also store some data during a retention period required by law or timeframe necessary to resolve disputes, prevent abuse, and enforce our agreements.
7. International Data Transfers
Likchat implements preventive and protective controls for international data transfers, including the use of Standard Contractual Clauses (SCCs) approved by competent authorities such as the European Commission or other relevant regulatory bodies and, where applicable, other contractual or organisational safeguards that ensure an adequate level of data protection.
Mechanisms for International Transfers:
In all such cases, we take steps to ensure that personal data receives a level of protection consistent with applicable data protection laws.
Likchat collects and uses your personal data as described herein and in accordance with the data protection laws of the countries in which we have facilities or in which we engage service providers, which may be different and may be less protective than those in your country. Please be aware that the personal data we collect can also be transferred to countries that provide a degree of data protection similar to or greater than what was provided by Likchat, or to companies that contractually undertake to adopt a degree of protection similar to that provided for in the applicable legislation.
In the event that transfers to non-adequate jurisdictions are necessary, we will take reasonable steps to ensure that the information is processed with the same level of security. These steps include but are not limited to standard contractual clauses approved by the data privacy supervisory authority located in your jurisdiction, specific contractual clauses and global corporate standards.
8. Children's Information
Our Services are not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information and terminate the child's account.
If you are a parent or guardian and believe your child has provided personal information to us, please contact us immediately at services@likchat.com.
9. Security
We use administrative, technical, and physical security measures to help protect your personal information. These measures include:
While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. We cannot guarantee absolute security of your personal data.
If you believe your account has been compromised, please contact us immediately at services@likchat.com.
10. Legal Basis for Processing Your Personal Data
We process your personal data on the following legal bases:
Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose. You have the right to withdraw this consent at any time.
Contract: We process your personal data to fulfill our contractual obligations to you under the Terms of Use and to provide you with the Services.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests, such as improving the Services, preventing fraud, and ensuring security. We balance our interests against your rights and freedoms.
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, court orders, or government requests.
Vital Interests: We may process your personal data to protect your vital interests or those of another person.
Public Task: We may process your personal data in the performance of a task carried out in the public interest.
11. For California Residents (CCPA)
If you are a California resident, you have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA). These rights include:
Right to Know: You have the right to request that we disclose what personal information we collect, use, share, and sell about you.
Right to Delete: You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.
Right to Opt-Out: You have the right to opt-out of the sale or sharing of your personal information. While we do not sell personal information for monetary consideration, we may share information with advertising partners for targeted advertising purposes, which may constitute a "sale" under CCPA.
Right to Correct: You have the right to request that we correct inaccurate personal information.
Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA rights. We will not deny you goods or services, charge different prices, or provide different quality of service based on your exercise of CCPA rights.
Authorized Agents: You may designate an authorized agent to make requests on your behalf. We may require verification that the agent is authorized to act on your behalf.
How to Submit Requests: To exercise these rights, please submit a request to services@likchat.com with the subject line "CCPA Request." Please include sufficient information to allow us to verify your identity. We will respond to verifiable consumer requests within 45 days of receipt.
12. For Brazil Residents
If you are a resident of Brazil, your personal data is protected under the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados - LGPD). We comply with LGPD requirements, including:
You may exercise your rights under LGPD by contacting us at services@likchat.com.
13. Cookies and Tracking Technologies
We use cookies, web beacons, pixels, and similar tracking technologies to:
Types of Cookies:
Your Cookie Choices: You can control cookies through your browser settings. Most browsers allow you to refuse cookies or alert you when cookies are being sent. However, blocking cookies may affect the functionality of the Services.
For more detailed information about cookies, please see our Cookie Statement.
14. Third-Party Links and Services
Our Services may contain links to third-party websites and services that are not operated by us. This Privacy Policy does not apply to third-party websites and services, and we are not responsible for their privacy practices. We encourage you to review the privacy policies of any third-party services before providing your personal information.
15. Changes to Our Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We will notify you of any material changes by posting the new Privacy Policy on the Site and updating the "Effective date" at the top of this policy. Your continued use of the Services after any changes constitutes your acceptance of the updated Privacy Policy.
If we make material changes that affect how we use your personal data, we will provide you with additional notice (such as by email) and obtain your consent if required by applicable law.
16. Data Processing Addendum
For customers subject to GDPR, CCPA, LGPD, or other data protection laws, we provide a Data Processing Addendum (DPA) that governs how we process personal data on your behalf. The DPA is available upon request and sets out the terms and conditions for data processing, including data security, data subject rights, and liability.
17. Contact Us
If you have questions or comments about this Privacy Policy, or if you wish to exercise any of your data protection rights, please contact us at:
Email: services@likchat.com
18. Your Acknowledgment
By using the Services, you acknowledge that you have read and understood this Privacy Policy and agree to the collection, use, and disclosure of your personal data as described herein.