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Terms of Service

Effective date: March 19, 2026

These Terms of Service ("Terms") govern your access to and use of the MonkeyChat platform, including our website at https://monkeychat.de, dashboard, APIs, and WhatsApp agent services (collectively, the "Service"), operated by MonkeyChat("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

MonkeyChat provides an AI-powered WhatsApp agent for craft businesses. The Service includes:

  • An automated WhatsApp-based conversational agent that handles inbound customer inquiries on behalf of your business.
  • Customer intake, service categorization, photo and voice message processing, cost estimation, and appointment booking.
  • A web-based dashboard for managing tickets, conversations, business profile, and settings.

2. Eligibility and Account

  • You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your business.
  • You must provide accurate and complete registration information and keep it up to date.
  • You are responsible for all activity under your account and for maintaining the confidentiality of your login credentials.
  • Each account is associated with a single business organization. You may not share account access with unrelated third parties.

3. WhatsApp Business Platform Compliance

By using our Service, you agree to comply with:

You acknowledge and agree that:

  • Messages sent through the Service are delivered via Meta’s WhatsApp Business API and are subject to Meta’s policies.
  • You will not use the Service to send spam, unsolicited messages, or messages that violate WhatsApp’s policies.
  • You are responsible for obtaining any necessary consent from your customers before engaging them through WhatsApp.
  • You will respond to customer opt-out requests promptly and will not continue messaging customers who have opted out.
  • We may suspend or restrict your access if Meta flags your account for policy violations.

4. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law, regulation, or third-party rights.
  • Send deceptive, fraudulent, harassing, threatening, or abusive messages.
  • Transmit malware, phishing links, or other harmful content through the WhatsApp agent.
  • Collect or harvest personal data of end customers for purposes unrelated to the services you provide.
  • Impersonate another person or business, or misrepresent your identity or affiliation.
  • Interfere with or disrupt the integrity or performance of the Service.
  • Attempt to gain unauthorized access to the Service, other accounts, or related systems.
  • Use the Service for any industry or purpose prohibited by WhatsApp Business policies, including but not limited to illegal goods, weapons, or regulated substances.

5. AI-Generated Content

  • The Service uses artificial intelligence to generate responses to customer inquiries. AI-generated content is provided as a tool to assist your business and may not always be accurate or complete.
  • You are ultimately responsible for the accuracy of information communicated to your customers, including AI-generated cost estimates and scheduling suggestions.
  • We do not guarantee that AI responses will be error-free, and we are not liable for business decisions made based on AI-generated content.
  • You should review and configure your business profile, categories, and pricing information accurately, as the AI agent relies on this data to generate responses.

6. Subscription and Payment

  • The Service is offered on a monthly subscription basis. Current pricing is available on our pricing page.
  • Subscriptions renew automatically each month unless cancelled before the renewal date.
  • All fees are quoted in Euros (EUR) and are exclusive of applicable taxes unless stated otherwise.
  • We reserve the right to change pricing with at least 30 days’ notice. Price changes apply to the next billing cycle after the notice period.
  • Refunds are handled on a case-by-case basis. Contact us at hello@monkeychat.de for billing inquiries.

7. Data and Privacy

  • Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
  • As a business using our Service, you act as a data controller for your customers’ personal data. We act as a data processor on your behalf. A Data Processing Agreement (DPA) is available upon request.
  • You are responsible for ensuring you have a lawful basis (such as legitimate interest or consent) for processing your customers’ personal data through the Service.
  • You must inform your customers that their messages are processed by an AI agent and that their data is handled in accordance with applicable data protection law.

8. Intellectual Property

  • The Service, including its software, design, documentation, and branding, is owned by MonkeyChat and protected by intellectual property laws.
  • We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your business purposes during your subscription.
  • You retain ownership of all data you provide to the Service, including your business profile information and customer interaction data.
  • You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse-engineer or attempt to extract source code.

9. Service Availability and Modifications

  • We strive to maintain high availability but do not guarantee uninterrupted access. The Service depends on third-party infrastructure including Meta’s WhatsApp Business API, which is outside our control.
  • We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice for material changes that affect your use.
  • Scheduled maintenance will be communicated in advance when possible.

10. Termination

  • You may cancel your subscription at any time through the dashboard or by contacting us. Cancellation takes effect at the end of the current billing period.
  • We may suspend or terminate your access immediately if you violate these Terms, WhatsApp Business policies, or applicable law.
  • Upon termination, your right to use the Service ceases. We will retain your data for a reasonable period to allow you to export it, after which it will be deleted in accordance with our Privacy Policy.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

  • The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.
  • We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data.
  • Our total liability for any claims arising from or related to the Service is limited to the amount you paid us in the 12 months preceding the claim.
  • We are not responsible for the actions of Meta, WhatsApp, or other third-party services, or for disruptions caused by their platforms.

12. Indemnification

You agree to indemnify and hold MonkeyChat harmless from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

13. Governing Law and Dispute Resolution

  • These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods (CISG).
  • Any disputes arising from these Terms or the Service shall be resolved exclusively by the competent courts in Germany.
  • The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Changes to These Terms

We may revise these Terms at any time. Material changes will be communicated at least 30 days in advance via email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Contact Us

If you have questions about these Terms, contact us at:

MonkeyChat
Email: hello@monkeychat.de
Website: https://monkeychat.de

See also our Privacy Policy.