Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the services provided through Profichat.net (the "Platform"). The Platform is operated by Smart Player Systems OÜ ("Profichat", "we", "us", or "our"), a company registered in Estonia. By registering for an account, purchasing a subscription, or otherwise using any of our services, you agree to be bound by these Terms.

2. Company Details

Operator: Smart Player Systems OÜ
Registered address: Narva mnt 5, Kesklinna linnaosa, Tallinn, Harju maakond, 10117, Estonia
Contact e-mail: [email protected]

3. Definitions

  • Services — the software, tools, and related services offered through the Platform, as described in Section 4.
  • Subscription — a recurring paid plan granting access to the Services for a defined billing period.
  • Credits — prepaid units purchased in advance and consumed as you use certain pay-per-use Services.
  • User / you — the individual or business entity that registers for or uses the Services.
  • Payment Provider — a third-party payment processor that handles transactions on our behalf (see Section 8).

4. Scope of Services

Profichat provides business communication and automation software on a Software-as-a-Service basis. Depending on the plan you select, the Services may include:

  • Omnichannel communication platform — a unified inbox and CRM to manage customer conversations across channels such as WhatsApp, Telegram, Facebook Messenger, Instagram, SMS, and e-mail.
  • AI chatbots and custom business bots — automated conversational assistants configured for a business's workflows.
  • AI call center — automated voice-handling services for inbound and outbound business calls.
  • AI secretary / virtual assistant services — automated scheduling, message handling, and administrative assistance.
  • Pay-per-service AI services — individual, on-demand AI-powered tasks and tools available to consumers and businesses without a recurring subscription.

The specific features, limits, and channels available to you depend on the plan or service you purchase. Availability of certain channels or features may depend on your region and on the terms and availability of integrated third-party services.

5. User Eligibility

  • You must be at least 18 years old to use the Services.
  • By using the Platform, you confirm that you have the legal capacity to enter into a binding agreement, and, where you act on behalf of a business, that you are authorised to bind that business.
  • You may not use the Services if you are located in, or ordinarily resident in, a country or territory subject to comprehensive sanctions, or if you are an individual or entity subject to applicable sanctions or export-control restrictions.

6. Account Registration and Responsibilities

  • You must provide accurate, current, and complete information when registering and keep it up to date.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
  • You must notify us immediately of any unauthorised access to or use of your account.
  • Profichat is not liable for loss arising from unauthorised access caused by your failure to safeguard your credentials.

7. Subscriptions, Pricing, and Billing

  • Prices for subscriptions, credits, and individual services are displayed on the Platform at the point of purchase and are stated in the currency shown at checkout.
  • Subscriptions are billed in advance on a recurring basis (for example, monthly or annually) according to the plan you select.
  • Unless you cancel before the end of the current billing period, your subscription renews automatically for a further period of the same length, and the applicable fee is charged to your payment method on file.
  • You may cancel automatic renewal at any time from your account settings or by contacting support; cancellation takes effect at the end of the current paid period.
  • We may change prices or plan features on a prospective basis. We will give reasonable advance notice of price changes affecting an active subscription, and such changes take effect at your next renewal.
  • If a payment fails, we may retry the charge and may suspend access to paid features until the outstanding amount is settled.

8. Pay-Per-Service Purchases and Credits

  • Certain Services are offered on a one-time or pay-per-use basis, or through prepaid Credits.
  • Credits are consumed as you use the relevant Services. Unless stated otherwise at purchase, Credits are non-transferable and may be subject to a validity period disclosed at the time of purchase.
  • One-time and pay-per-use purchases are delivered digitally and are performed immediately or as soon as reasonably practicable after purchase.

9. Payment Processing

  • Payments are processed by third-party Payment Providers, including Mollie and Stripe. By making a payment, you also agree to the applicable Payment Provider's terms.
  • We accept the payment methods displayed at checkout, which may include major credit and debit cards (such as Visa and Mastercard) and other methods offered by our Payment Providers.
  • We do not store full card numbers; card data is handled by our PCI-DSS-compliant Payment Providers.
  • You confirm that you are authorised to use the payment method you provide and that the billing information you supply is accurate.

10. Refunds, Cancellation, and Right of Withdrawal

  • Fees for Services already rendered, and Credits already consumed, are non-refundable except where required by applicable law or where expressly stated below.
  • You may cancel a subscription at any time; cancellation stops future renewals but does not entitle you to a refund of the current period already paid, except as required by law.
  • EU/EEA consumers have a statutory 14-day right of withdrawal for digital services. Where you request that we begin providing a digital service or deliver digital content immediately during this period, you acknowledge that you lose the right of withdrawal once performance has begun / the content has been supplied, to the extent permitted by law.
  • If you were charged in error, or a Service was not delivered as described, contact us at [email protected] within 30 days and we will investigate and, where appropriate, issue a refund to the original payment method.
  • Approved refunds are returned to the original payment method within a reasonable period.

11. Chargebacks and Disputes

  • If you believe a charge is incorrect, please contact us first so we can resolve it directly and promptly.
  • Initiating a chargeback without first contacting us may result in suspension of your account pending resolution.
  • We reserve the right to contest chargebacks we believe to be invalid and to supply the relevant Payment Provider with transaction records and evidence of service delivery.

12. Acceptable Use and Prohibited Conduct

You agree not to use the Services to:

  • engage in or facilitate any illegal activity, or transmit unlawful, fraudulent, or harmful content;
  • send unsolicited bulk messages (spam) or communications that violate anti-spam, telemarketing, or messaging-channel rules;
  • violate the acceptable-use or messaging policies of any integrated third-party channel;
  • infringe the intellectual-property, privacy, or other rights of any person;
  • attempt to gain unauthorised access to, disrupt, or reverse-engineer the Platform or its systems;
  • use the Services in connection with any activity prohibited by our Payment Providers or by applicable law.

13. Third-Party Integrations

The Platform integrates with third-party services (for example, WhatsApp, Telegram, Facebook, and Instagram). Your use of those channels is subject to the respective provider's terms, and you are responsible for complying with them. We are not responsible for changes, limitations, or interruptions caused by third-party platforms.

14. Service Availability and Modifications

We aim to provide reliable access to the Services but do not guarantee uninterrupted or error-free operation. We may modify, update, suspend, or discontinue any part of the Services at any time. Where a change materially reduces a paid feature you rely on, we will provide reasonable notice where practicable.

15. Intellectual Property

All Platform content, including software, trademarks, and design, is owned by Smart Player Systems OÜ or its licensors. You may not copy, modify, distribute, or reverse-engineer any part of the Platform except as permitted by law. You retain ownership of the content and data you submit through the Services.

16. Data Protection and Privacy

Our Privacy Policy governs how we collect and process personal data and forms part of these Terms. We process personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable Estonian law. Where you use the Services to process personal data of your own customers, you act as the data controller and we act as a data processor on your behalf.

17. Confidentiality

Each party will keep the other party's confidential information secure and will not disclose it except as necessary to provide the Services or where required by law.

18. Termination and Suspension

  • We may suspend or terminate your account for a material breach of these Terms, for non-payment, or where required to comply with law or Payment Provider requirements. Where reasonable, we will give notice and an opportunity to remedy.
  • You may terminate your account at any time. Fees already paid are non-refundable except as set out in Section 10 or as required by law.
  • On termination, your right to use the Services ends; provisions that by their nature should survive (including intellectual property, confidentiality, limitation of liability, and indemnification) continue in effect.

19. Limitation of Liability

To the maximum extent permitted by law, the Services are provided "as is" without warranties of any kind. We are not liable for indirect, incidental, or consequential losses. Our total liability arising out of or in connection with the Services is limited to the fees you paid to us in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

20. Indemnification

You agree to indemnify and hold harmless Smart Player Systems OÜ and its officers, employees, and agents from claims, damages, and expenses arising from your use of the Services or your breach of these Terms.

21. Governing Law and Dispute Resolution

These Terms are governed by the laws of Estonia. We will try to resolve any dispute amicably; if we cannot, the dispute will be subject to the competent courts of Estonia, without prejudice to any mandatory consumer-protection rights you may have in your country of residence.

22. Force Majeure

We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, outages, or actions of third-party providers.

23. Changes to These Terms

We may update these Terms from time to time. The updated version takes effect when published on this page, and the "last updated" date will be revised. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.