Terms and Conditions

1. Scope and provider

These Terms and Conditions (T&Cs) apply to the use of the SmartChat service provided by HACO d. Gschnitzer Franz Josef KG, Angerweg 43, 39040 Ratschings (BZ), Italy (hereinafter “we” or “provider”). The offer is aimed at businesses within the meaning of the statutory provisions, not at consumers. By registering, you accept these terms.

2. Description of services

SmartChat is a self-service tool for outbound WhatsApp marketing with an integrated AI assistant. Its features include in particular: an AI assistant that helps you build and run your campaigns and creates content; a template builder for WhatsApp message templates; a customizable landing page for gaining contacts; collecting contacts via double opt-in; sending WhatsApp newsletters; scheduled follow-ups; an inbox for managing incoming messages and conversations; and statistics for evaluating your results.

SmartChat is not an appointment, reservation or booking system and not a standalone email or SMS service. The specific range of features depends on the selected plan; all plans include SmartChat AI, and usage runs on credits. The features included in your plan are set out on the current pricing page.

3. Rights of use

For the term of the contract, we grant you a simple, non-transferable right to use SmartChat within the scope of these T&Cs. Reselling, sublicensing or using the service for third parties without a separate agreement is not permitted. Also prohibited are reverse engineering, extracting or copying the underlying software, and any use that endangers the technical integrity or security of the service.

4. Registration and account

An account is required to use the service. You provide truthful information and keep your login details confidential. You are responsible for any actions carried out through your account.

5. Free account (freemium)

SmartChat offers a permanently free account with a limited range of features (in particular a limited number of messages and features). No credit card is required for the free account, and there is no payment obligation. The full range of features is available in the paid plans. We are entitled to adjust or discontinue the type and scope of the free services at any time.

6. Prices and payment

You can find the currently valid prices and plan scopes on our pricing page. Paid plans are billed in advance for the selected term (monthly, quarterly or yearly). For the term packages, we grant the discounts shown on the pricing page; the price shown at the time of booking is decisive.

Fees already paid will not be refunded, not even in part, in particular not in the event of early cancellation, non-use or suspension of the account for a reason for which you are responsible. There is no right to a refund or cancellation of a booked paid plan.

As the offer is aimed exclusively at businesses, there is no consumer right of withdrawal.

Payments are processed by our payment service provider Polar. The terms and conditions of Polar also apply.

7. Term and cancellation

The term of a paid plan depends on the package you choose (monthly, quarterly or yearly). The plan renews automatically for the chosen term unless it is cancelled before the end of the current period.

Cancellation takes effect at the end of the current billing period. After that, access to the paid features ends; the free account can still be used, where offered.

Price changes for paid plans only take effect from the next renewal period and are announced in good time beforehand.

8. User obligations

You send messages only to contacts who have previously given their express consent via double opt-in. You are responsible for the lawfulness of the contact data you collect and the consents given (controller within the meaning of the GDPR). You comply with the applicable legal provisions, in particular on data protection and competition law. You do not send any unlawful, misleading or harassing content, or any content that infringes the rights of third parties.

You alone are responsible for all content you provide or embed via SmartChat, in particular privacy policies, legal notice details and other legal texts on your landing pages. We do not check this content and accept no liability for its accuracy, completeness or legal compliance.

In the onboarding and in the settings, you may only enter a website that you own or for which you have the express permission of the owner. Entering someone else's website without permission is prohibited. On request, you must prove this permission to us. We analyze the website you enter automatically in order to create your content; ownership is not checked in the process, and by entering the website you confirm that you are entitled to do so.

In particular, it is prohibited to enter websites or to promote offers that serve fraudulent, deceptive or unlawful purposes. These include in particular fraud, phishing and malware sites, fake shops, unfair promises of winnings, snowball and pyramid schemes, dubious financial or crypto offers, trading in counterfeit goods, unlawful gambling and adult offers, and sites that infringe the rights of third parties or violate the terms of Meta/WhatsApp. It is also prohibited to use SmartChat to deceive recipients about the identity of the sender.

You indemnify us against all third-party claims arising from your use of SmartChat, in particular from missing or invalid consents, from violations of data protection, competition or telecommunications law, from violations of the terms of Meta/WhatsApp, and from unlawful or infringing content. The indemnity also covers the reasonable costs of any necessary legal defense.

9. WhatsApp and Meta

For sending, SmartChat uses the WhatsApp Business Cloud API. To do this, you connect your own WhatsApp number. The terms of use and business terms of Meta and WhatsApp also apply, in particular the WhatsApp Business Messaging Policy. You are responsible for complying with them. Suspensions or restrictions by Meta are beyond our control.

10. Data protection and data processing

How we handle personal data is described in our privacy policy. Where we process the contact data you collect on your behalf, we do so on the basis of a data processing agreement (DPA) in accordance with Art. 28 GDPR, which we conclude with you as a customer.

11. Data export and deletion after the end of the contract

After the contract ends, you can export the contact data stored in your account within 30 days. After this period, we are entitled to delete the data unless statutory retention obligations prevent this. Details on data processing and deletion are set out in the data processing agreement (DPA).

12. Availability

We strive for high availability of the service but do not guarantee uninterrupted availability. Maintenance work, disruptions at third parties (e.g. Meta/WhatsApp) or events of force majeure may temporarily restrict use.

13. Suspension and termination by the provider

We are entitled to temporarily suspend your account or to terminate the contract without notice for good cause, in particular in the event of late payment, breaches of your obligations under these terms, misuse, violations of the terms of Meta/WhatsApp, or if your WhatsApp number or your access is blocked by Meta. Good cause also exists if you enter a website that does not belong to you and for which you have no permission, or if the website you enter serves one of the prohibited purposes listed in section 8. In these cases, we may suspend the account without prior notice and take content already created offline. Fees already paid will not be refunded in these cases.

14. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and for fraudulently concealed defects.

In the case of simple negligence, we are only liable for breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you regularly rely). In this case, liability is limited to the foreseeable damage typical for the contract.

Otherwise, our liability is excluded. In particular, liability is excluded for lost profits, missed savings, consequential damage, data loss, and damage resulting from temporary unavailability, outages or disruptions of the service, especially those caused by Meta/WhatsApp, other third-party providers, maintenance work or force majeure.

Where our liability is limited or excluded, this also applies to the personal liability of our legal representatives, employees and agents.

Our liability for financial losses is limited in amount to the total fees you paid in the twelve months before the event causing the damage, unless there is intent or gross negligence.

You alone are responsible for the content of the messages you send and for complying with the legal requirements that apply to you.

15. Changes to the terms and conditions

We reserve the right to adjust these terms, for example in the event of changes to the scope of services, the services used or the legal situation. We will inform you of planned changes in text form in good time before they take effect, usually by email to the address stored in your account.

If you do not object to the changes within six weeks of receiving the notice, they are deemed accepted by you. We will point out this deadline and the meaning of your silence separately in the notice of changes. If you object in time, the contract will continue under the previous terms; in this case, we are entitled to terminate the contract at the end of the current billing period.

16. Applicable law and place of jurisdiction

Italian law applies. The place of jurisdiction for disputes with businesses is, where legally permitted, the provider's registered office in Bolzano (Italy).

17. Use as a reference

We may name your company name and logo as a reference for SmartChat, in particular on our website, in presentations and in advertising materials. For this purpose, you grant us, for the duration of the contract, a simple, free and non-transferable right to use your company name and logo.

You can object to being named at any time without giving reasons, informally by email to support@smartchat.marketing. After your objection or after the end of the contract, we will remove your company name and logo from our materials within 30 days. Materials already printed or distributed are excluded from this.

18. Final provisions

If any provision of these terms is invalid, the validity of the remaining provisions remains unaffected.

Last updated: 27 September 2026