September 2023
Terms of Service for the Hulul Platform for Marketing Management, Customer Communication, and Electronic Payment Operations through all social media platforms such as WhatsApp, Messenger, Twitter, mobile applications, and web chat.
Welcome to the Hulul platform for marketing management, customer communication, and electronic payment operations through all social media platforms, mobile applications, and web chat. Please read these terms carefully before using our services. By using our platform, you agree to comply with these terms.
- Services:
We offer services for managing customer communication and electronic payment operations through social media platforms such as WhatsApp, Messenger, Twitter, applications, and web chat. These services must be used in accordance with relevant local and international laws and regulations.
If you use our services through the Hulul platform, this usage is subject to this agreement. However, if you enter into a separate agreement or order form with us that governs the purchase or use of our services, that agreement or form will prevail in case of conflict with this agreement.
- Account, Password, and Security:
When you register on our platform, you must provide accurate and up-to-date information. You should keep your login information confidential and not share it with anyone else. You are responsible for all activities that occur on your account.
You are required to log in to the Hulul platform, create an account to access the services, and during this process, you will be asked to provide specific information, including but not limited to your name, phone number, and email address, which may be provided by linking some services, including but not limited to WhatsApp, Facebook, Instagram, and Twitter, to your account. By using the services, you agree to provide truthful, accurate, current, and complete information as directed during the registration process and to promptly update your account information to maintain its accuracy and currency. You are the only authorized user of your account. You are fully responsible for maintaining the confidentiality of any login and password you provide or that is provided to you by Hulul to access the services. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Users are responsible for the content they upload to their accounts and their use of the user account, and Hulul explicitly disclaims any liability arising from that. If you suspect that any unauthorized party may be using your password or account, or if you suspect any other security breach, you agree to contact Hulul immediately.
The person who registers for the services will be the contracting party “Account Representative” for the purposes of these terms of service, and the person authorized to use any account provided by us to the Account Representative in connection with the services. However, if you register for the services on behalf of your employer, your employer will be the account representative. As an account representative, you are solely responsible for complying with these terms of service, and you are eligible for all benefits arising from it. Your account is not transferable to anyone else or to another account.
By providing your phone number and email address and using the services, you agree to Hulul using your phone number for communications and recurring messages (including using an automatic calling system and/or prerecorded voice) and your email address for the purpose of performing and improving the services, facilitating the execution of our services, providing information and reminders about your registration, changes and updates, service interruptions, or modifications. These calls and messages may include, among other things, payment notifications and other reminders sent through our application. Hulul will not impose any charges for calls or messages, but standard message rates or other charges may apply from your wireless carrier. You can unsubscribe from receiving calls or messages from us by adjusting your account settings on the website or application or by indicating that you do not wish to receive calls or messages from us during any call with us or by visiting https://hulul.com/support and indicating that you wish to unsubscribe from calls or messages. You understand that we may send you a confirmation message for any unsubscribe.
Agencies and Business Owners “Employer” means any individual or entity using Hulul services for marketing, supporting, developing, trading their business, services, or products in any other way. “Agency” means any service provider hired or employed by the Employer to create and/or manage a Hulul account and use the services on behalf of the Employer. There is no need for an agency to be present for the Employer to use the services.
Regardless of what is mentioned in section 2, if you are an agency using our services to provide services to the Employer, you agree to correctly identify the Employer as the account holder and, if appropriate, on the appropriate page on Facebook, Instagram, WhatsApp, Twitter, or other platforms and pages suitable for other platforms. You confirm that you are authorized to use the services and the account on behalf of the Employer. The Employer will be the sole and exclusive account representative for any account created on their behalf by the agency; however, the agency will retain its rights and interests in connection with all designs, templates, flows, sequences, or any other intellectual property associated with the automated chatbot product created by the agency on behalf of the Employer, referred to as “Agency Content”. In the event of termination of the relationship between the Employer and their agency, the Employer must promptly notify Hulul of such termination. After transferring an account from an agency to the Employer, the Employer will be solely responsible for paying any subscription plans and/or fees related to the account.
Here is the translation of the provided text into English with the same numbering:
- Content:
You are responsible for the content you provide through our platform. The content must comply with local and international laws and regulations and must not infringe on the intellectual property rights of others.
User-generated content is defined as any content or information or materials that may be textual, audio, or visual, provided by you or any other dialogue participant to the services and our users. You are fully responsible for your user-generated content and the content of your dialogue participants, and we only act as a passive intermediary for distributing and publishing user-generated content online. You acknowledge and agree that Solutions:
– Are not involved in creating or developing user-generated content.
– Disclaim responsibility for user-generated content.
– Are not liable for claims arising from or related to user-generated content.
– Are not obligated to monitor, review, or remove user-generated content but reserve the right to restrict or remove user-generated content at our sole discretion.
You represent and warrant here to Solutions that your user-generated content:
– Will not be false, inaccurate, incomplete, or misleading.
– Will not violate the rights of copyright, patents, trademarks, trade secrets, proprietary rights, publicity rights, or personal rights or privacy of any third party.
– Will not violate any law or legal system or regulation (including but not limited to those related to export control, consumer protection, unfair competition, anti-discrimination, false advertising, spam, or privacy).
– Will not be defamatory, abusive, false, illegally threatening, or unlawfully harassing.
– Will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors.
– Will not contain any viruses, trojans, worms, time bombs, cancelbots, or other software designed to damage or interfere with the detriment or surreptitious interception of any system or personal data or information.
By providing any user-generated content through the services, you hereby grant to Solutions a worldwide, non-revocable, permanent, non-exclusive, transferable, and fee-free license, with sublicensing rights, to use, access, display, copy, adapt, modify, distribute, grant licenses, sell, transfer, publicly display, publicly perform, transmit, and exploit this user-generated content on the services or through them. We do not claim any ownership rights in any user-generated content as such, and nothing in this agreement shall be construed as restricting any rights you may have to use and exploit any user-generated content as such.
- Communication via Text Messages or Email:
If you wish to communicate with your users via text messages or email, you agree that you have read and understood the laws of electronic messaging and any similar state or regional laws and all other relevant laws and regulations. You understand that, in some cases, state and local restrictions may be stricter than federal rules. You must consult with your legal counsel to ensure your understanding and compliance with these rules. Solutions shall not be responsible for ensuring that your activities comply with relevant law requirements. Solutions shall not be responsible if you are accused of violating any law, regulation, or order. Nevertheless, you acknowledge that Solutions has taken and continues to take active steps to support its compliance with its customers, including through your acceptance of these terms of service.
You understand and acknowledge that it is generally a violation of federal law, including the TCPA, to contact consumers via phone or text messages or email without obtaining express prior written consent. Solutions shall not be responsible for ensuring that you do not send messages to consumers, including via phone or email, in violation of consent rules.
You understand and acknowledge that it is generally a violation of Canadian federal law, including CASL, to contact consumers via text message, phone, email, electronic messages, or email without obtaining express prior written consent. You cannot communicate with anyone through the services or about the services unless you have obtained consent as required by law. You will provide evidence of such consents or optional consents, the messages you have sent, and implement unsubscribe requests for us when requested.
- Privacy:
We respect your privacy and are committed to protecting your personal information. You can learn more about how we use personal information by reading our privacy policy.
Confidential Information:
You acknowledge that confidential information is a valuable, private, and unique asset of Solutions, and you agree not to disclose, transfer, or use (or attempt to induce others to disclose, transfer, or use) it for any purpose other than using the services in accordance with these terms and conditions. If relevant, you may disclose confidential information to your authorized employees and agents, provided that they also commit to maintaining the confidentiality of confidential information. You must immediately inform Solutions in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of confidential information. You must make the utmost effort to protect confidential information from unauthorized disclosure, transfer, or use. You must return all assets and copies of any and all materials containing confidential information to Solutions upon the termination of this agreement for any reason.
The term “confidential information” includes all and all trade secrets of Solutions, confidential and intellectual property, and all other information and data owned by Solutions and not generally known to the public or third parties that may benefit from its use or disclosure, economically or otherwise. Confidential information includes technical data and expertise, product and service plans, customers, markets, software, developments, inventions, operations, formulations, technology, designs, drawings, marketing, financial information, and other proprietary and confidential business information related to Solutions or its business or operations, including information about Solutions’ employees, users, partners, or other business-related information, whether disclosed in writing, orally, visually, or by observation.
- Prohibited Uses:
In addition to other limitations specified in the terms of service, you are prohibited from using the services for the following purposes:
- For any unlawful purpose.
- To engage in any illegal activities or encourage others to engage in any illegal activities.
- To violate any international, federal, regional, or state regulations, laws, or local ordinances.
- To use the services for any purpose or in any way that violates our rights, including but not limited to intellectual property rights or third-party rights.
- For harassment, abuse, insult, harm, defamation, libel, slander, annoyance, threat, demeaning, intimidation, discrimination in any form, including but not limited to discrimination based on gender, sexual orientation, religion, race, nationality, age, national origin, or disability, or to violate legal rights (such as privacy or reputation) of any other users or visitors to the services or employees of Solutions.
- To provide false or misleading information.
- To upload or transmit viruses or any other malicious software that will interfere in any way with the functions or operation of the services or any related website or other websites on the internet.
- For any obscene or unethical purpose.
- To interfere with or bypass the security features of the services or any related website or other websites on the internet.
- To interfere with or perform any activity that threatens the performance, security, or proper functioning of the services.
- To attempt to undermine the integrity of the system or its security or to decrypt any transmission to or from the servers that operate the services.
- To attempt to access unauthorized accounts or collect or track personal information of others.
- For excessive exploitation of trial offers related to the services.
- For excessive exploitation of discount offers related to the services.
- In any way that violates the policies of Facebook, Instagram, WhatsApp, Twitter, or any other platform dealt with by Solutions.
- To copy, distribute, or disclose any part of the services in any manner not allowed by these terms of service and the services’ policies.
- To use any automated system (except for service-related functions), including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the services.
- To transmit spam, chain letters, or any unwanted emails or attempt to defraud, deceive, or attempt to obtain information or influence the performance of the services in any way.
- To impersonate another person or misrepresent your identity or engage in fraudulent activities or hide your identity.
- To attempt to decrypt or remove translations or reverse-engineer any of the software or algorithms used to provide the services.
- To encourage or enable any other individual to engage in any of the above activities.
We reserve the right to terminate your use of the services or any related website in case of violation of any prohibited uses.
You also agree not to misuse our services, for example, by interfering with or accessing them using a method other than the user interface and instructions provided. You cannot do any of the following while accessing or using the services:
- Access non-public areas of the services or computer systems owned by Solutions or manipulate them.
- Test vulnerabilities or scan them, test firewall settings for any system or network, attempt to penetrate or bypass any security measures or authentication.
- Access, search, attempt to access, or search the services by any means (automated or otherwise) other than through our currently published interfaces currently available and as mentioned by Solutions and integrations approved by us (in accordance with the applicable terms and conditions only), unless you have been specifically granted a separate customization agreement by Solutions (note: visiting the services is allowed if done in accordance with the provisions of the robots.txt file and is limited to parts of the services accessible on the internet in general only, but blocking services without prior explicit consent from Solutions is expressly prohibited).
- Forge any TCP/IP packet header or any part of email header information, or participate, or use the services in any way to send altered, misleading, or false information to the information designated for the source.
- Statements and Warranties:
You acknowledge and warrant the following:
- That you are at least 18 years old or of the legal age required in your jurisdiction.
- That you have the ability to enter into binding contracts.
- That you have the right, authority, and capacity to enter into this agreement and comply with its terms and conditions.
– If you are contracting on behalf of a company or organization, you also warrant that you have the authority to represent that entity and bind it to this agreement.
– You are bound to comply with the terms of service and privacy policy and understand and agree to comply with them to access the services.
– You must act professionally and responsibly in your interactions with other users.
– You must comply with local, state, federal laws, and best practices when using the services.
– You are responsible for verifying whether the services are suitable for your use based on local regulations and laws, and Solutions may not be held responsible if you do not comply with your legal requirements.
– You may not use the services for illegal or discriminatory activities.
– You must inform end-users about data collection in accordance with applicable law.
– You must obtain end-user consent for sending text messages according to applicable laws and refrain from contacting consumers who have requested to be contacted.
– If you are in the European Economic Area (EEA) or serve users in this region, you must comply with a set of terms and warranties, including obtaining consent for data transfer and compliance with applicable laws and commitment to data protection laws.
– You must review and accept the completion of data processing for Solutions.
– You must disclose any motives or special interests that affect your use of the services.
– By installing the application, you agree to install it and any updates or upgrades, and you understand that it may affect application settings and collect personal information according to the privacy policy.
– You can uninstall the application at any time.
- Billing and Payment:
You will be billed periodically for the services you have subscribed to as part of the trial, and the current price will be automatically deducted from the payment method you provided. If you cancel the trial during the trial period, you will lose access to the services. To cancel, you must log in to your account and follow the instructions on the account page.
The services may include features that allow you to sell goods, products, content, media, and services (user-specific products) through in-bot payments via your account.
You are entirely responsible for your communications with end-users through the services, any user products you offer through the use of the services, any payment-related activities, and any offers and related content present or referred to in your bot or through the use of the services, and compliance with applicable laws. Hulul provides only the platform for you to manage these activities and assumes no responsibility for user products, your relationship with actual or potential users of user products, or any transactions with them.
By using any of our payment features, you acknowledge and ensure that you:
– Are fully responsible for all taxes and fees related to your payment activities, including any taxes related to the purchase or sale of user products, collecting funds, reporting, and proper payment to relevant authorities and/or notifying end-users thereof and providing a legally compliant invoice;
– Are fully responsible for all costs of providing and delivering your user products securely and professionally in accordance with industry standards;
– Are fully responsible for any statements or promises made and for all assistance, warranties, and support regarding user products, and you must provide accurate contact information on your bot for any questions, complaints, or claims; and
– Shall not offer or sell any user products or provide any information, content, or materials that may conflict with any laws that may be deemed dangerous, counterfeit, stolen, fraudulent, offensive, racist, or subject to laws prohibiting their sale, distribution, or use, or that violate any applicable laws, including consumer rights, intellectual property rights, or privacy rights, product safety, trade regulations, and sanctions, support, maintenance, and export. For any operations on platforms such as Facebook, Instagram, WhatsApp, Telegram, and payment companies like Stripe or PayPal, user products and your use of such services must comply with all applicable policies for such services.
We may, at any time and at our sole discretion, suspend or disable access to your bot, your account, and/or any user products if any suspicious activity, content, or products, whether included, published, or made part of your bot at that time, is discovered or reported, without any liability to you or to any end-users, including any losses resulting therefrom.
You are fully responsible for verifying the identities of users and the validity of the payment card provided for the purchase of user products, and Hulul does not guarantee or assume any responsibility for transactions attempted, approved, or completed regarding the purchase of user products or any other transactions within the bot between you and a user. You are fully responsible for all reversals or refunds, regardless of the reason or timing. Hulul may add or remove one or more types of approved payment cards at any time without prior notice to you.
You are solely responsible for providing service to your customers regarding all matters related to your products and services, including, but not limited to, matters arising from the processing of customer cards through the services.
You are fully responsible for the security of data on your website or in your possession in general. You agree to comply with all applicable state and federal laws regarding the collection of personal and financial data, payment card information, and transaction information on your website.
- Terminations of Service:
Unless otherwise agreed in writing between you and Hulul, either party may terminate these Terms of Service for any reason or no reason at any time. You can cancel and delete your account at any time by using the service features 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, intended or implied, to survive such termination, including but not limited to disclaimers of warranties, limitations of liability, and indemnification, shall remain in effect after any termination of these Terms of Service and any termination of your use of or subscription to the services and shall remain permanently in effect.
We reserve the right to refuse services to any person for any reason at any time. Hulul may terminate or restrict your right to use the services if it investigates or believes that you have violated any terms of this agreement without notice. If Hulul terminates or restricts your right to use the services under this section, you are prohibited from registering and creating a new account in your name or under an alias or third party, even if you are acting on behalf of a third party.
Even after termination or cancellation of your account (as specified below), we reserve the right to delete all your data, including any content created by the user, as part of the normal course of business. Your data cannot be recovered once your account is terminated or canceled.
If there is no activity in your account (including login activity, chat activity, payment transactions, or scheduled broadcasts) for at least 18 consecutive months, we will send you a notification via email to the email address associated with your account and offer you the option to keep your account open. If you do not respond to our notification within thirty days, we reserve the right to close your account and delete all your data.
You have one year to use any prepaid amount added to your Hulul account. If this prepaid amount is not used within one year, we will send you a notification regarding the unused balance via email to the email address associated with your account, and, at our discretion, we will refund the amount, and the withdrawal method will be determined by us according to our discretion, or we will provide you with a credit to purchase our future services. If you do not respond to our notification within thirty days, you will forfeit your right to use this balance, and this amount will be considered payment for the services.
- Changes of the Terms:
We reserve the right to change these terms at any time. We will notify you of any changes via email or through our platform.
We hope you are satisfied with our services. If you have any inquiries or comments, you can contact us at [[info@hulul.net]].
Thank you for using the Hulul platform for marketing management, customer communication, and electronic payment operations.