Terms of Service

These Terms of Service (this "Agreement" or "Terms") constitute a legally binding contract between you ("User," "you," or "your") and Alden Peak Technologies, a company duly incorporated under the laws of the Republic of Tunisia, with its registered office at Immeuble Borj Khefacha, 5000 Monastir, Tunisia (the "Company," "we," "us," or "our"), the owner and operator of the ChattyFlow platform, accessible at www.chattyflow.com (the "Platform").

ChattyFlow is an automated conversational marketing and customer engagement platform that enables businesses, creators, agencies, and developers to design, build, and deploy automated chat flows, messaging workflows, and digital engagement sequences across supported third-party channels and messaging platforms.

This Agreement applies to all users of the Platform, including individual creators, solopreneurs, small and medium-sized businesses, agencies acting on behalf of clients, and enterprise-level organizations. These Terms are effective as of the earliest date on which you first access or use the Platform.

If you are accepting this Agreement on behalf of a company, employer, or other legal entity, you represent and warrant that you have full authority to bind that entity, and the term "you" shall refer to that entity throughout this Agreement.

Your use of the Platform is additionally governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Platform, you confirm that you have read and understood the Privacy Policy.

Table of Contents

1. Description of the Platform and Services
2. Account Registration, Security, and Credentials
3. Agencies, Resellers, and Business Clients
4. User Content
5. Third-Party Platform Compliance (Instagram & TikTok)
6. SMS, Email, and Electronic Communications
7. Third-Party Sub-Processors and Technology Partners
8. Cookies and Tracking Technologies
9. Prohibited Conduct and Restricted Activities
10. Representations, Warranties, and Legal Compliance
11. Free Plan, Paid Plans, and Subscription Terms
12. Billing, Payment Processing, and Taxes
13. Cancellations and Refunds
14. Suspension, Termination, and Account Closure
15. Third-Party Integrations and Linked Services
16. Intellectual Property Rights and Ownership
17. DMCA / Copyright Notification Procedure
18. Confidentiality
19. Disclaimers of Warranty
20. Limitation of Liability and Indemnification
21. Dispute Resolution
22. Governing Law and Jurisdiction
23. Data Protection and Privacy
24. Amendments to This Agreement
25. Miscellaneous and General Provisions
26. Contact Information

1. Description of the Platform and Services

ChattyFlow, operated by Alden Peak Technologies (Immeuble Borj Khefacha, 5000 Monastir, Tunisia), provides a cloud-based platform that allows users to create, configure, and deploy automated conversational workflows across supported digital messaging channels. Platform features include, without limitation: drag-and-drop flow builders, automated messaging sequences, subscriber list management, contact segmentation, analytics dashboards, third-party platform integrations, and reporting tools.

Access to a limited set of Platform features is available at no charge under our Free Plan. Additional features and higher usage thresholds are available under our Paid Plans on a subscription basis. The features and limitations associated with each plan are described at www.chattyflow.com/pricing, as updated from time to time.

If you have entered into a separate written enterprise agreement or signed order form with Alden Peak Technologies that governs your use of the Platform, that agreement shall control in the event of any direct conflict with these Terms.

1.1 Legal Identification of the Editor (Loi n° 2000-83)

In compliance with Tunisian Law n° 2000-83 of 9 August 2000 on electronic exchanges and electronic commerce, the editor of the Platform is identified as follows:

• Company name: Alden Peak Technologies
• Registered office: Immeuble Borj Khefacha, 5000 Monastir, Tunisia
• Trade Register Number (RNE): 1957904H
• Tax ID (Matricule Fiscal): 1957904H
• Share Capital (Capital Social): TND 1,000
• Contact email: akhairallah@chattyflow.com

2. Account Registration, Security, and Credentials

To access the Platform's features, you must create an account ("Account") by completing the registration process and providing accurate, complete, and current information, including your full name, a valid email address, and any other information requested during registration. You may also register by connecting a supported third-party account, such as a Meta Business Account.

You are solely responsible for maintaining the confidentiality of your Account login credentials and for all activity that occurs under your Account, whether or not authorized by you. You agree to notify us immediately at akhairallah@chattyflow.com if you suspect any unauthorized access to your Account or any other security breach.

You represent and warrant that all information you provide during registration and throughout your use of the Platform is truthful, accurate, and complete, and that you will promptly update such information to keep it current. ChattyFlow disclaims all liability for any loss or damage arising from your failure to maintain accurate Account information or to protect your credentials.

The individual who initially registers an Account is designated as the "Primary Account Holder" and is the primary contracting party under this Agreement. Where an Account is created by a person acting on behalf of an organization, that organization is the Primary Account Holder. Accounts are non-transferable without our prior written consent.

By providing your email address during registration or through your use of the Platform, you authorize ChattyFlow to contact you via email for purposes including account verification, service notifications, security alerts, and billing communications. You may opt out of non-essential communications at any time through your Account settings or by contacting us at akhairallah@chattyflow.com.

3. Agencies, Resellers, and Business Clients

"Business Client" means any individual or organization that uses the Platform to promote, develop, support, or commercialize their own products or services.

"Authorized Reseller" or "Agency" means any third-party service provider — including marketing agencies, freelancers, and consultants — retained by a Business Client to create or manage a ChattyFlow Account and operate the Platform on that Business Client's behalf.

An Authorized Reseller using the Platform on behalf of a Business Client agrees to: (a) correctly designate the Business Client as administrator on the Account and on all connected platform pages; and (b) confirm that they hold express written authorization from the Business Client to act on that Business Client's behalf.

The Business Client shall at all times be the Primary Account Holder for any Account created on its behalf by an Authorized Reseller. Notwithstanding this, the Authorized Reseller retains ownership of all original creative works, flow architectures, custom templates, and automation logic that the Reseller independently developed and contributed ("Reseller Work Product"), unless a separate written agreement between the parties provides otherwise.

Upon termination of the relationship between a Business Client and its Authorized Reseller, the Business Client must promptly notify ChattyFlow in writing. Following any such transition, the Business Client assumes sole responsibility for all subscription fees and other charges associated with the Account.

4. User Content

"User Content" means any text, audio, images, video, data, files, automated chat scripts, messaging flows, templates, subscriber data, or other materials that you or any participant in a conversation facilitated through the Platform submit, upload, publish, transmit, or otherwise make available through the Platform.

You acknowledge and agree that ChattyFlow: (a) does not participate in the creation or development of User Content; (b) disclaims all responsibility and liability for User Content; (c) is not obligated to monitor, review, or moderate User Content, though it reserves the right to remove or restrict any User Content at its sole discretion and without notice; and (d) acts solely as a neutral technology intermediary for the distribution and delivery of User Content.

You represent and warrant that your User Content: (i) is accurate, complete, and not misleading; (ii) does not infringe any third-party intellectual property, privacy, or publicity rights; (iii) does not violate any applicable law or regulation; (iv) is not defamatory, harassing, obscene, fraudulent, or otherwise unlawful; (v) does not contain viruses, malware, or other harmful code; and (vi) does not impersonate ChattyFlow, Alden Peak Technologies, or any other person or entity.

By submitting User Content to the Platform, you grant ChattyFlow a non-exclusive, worldwide, royalty-free license to access, store, process, and display your User Content solely to the extent necessary to provide and improve the Platform and to fulfill our obligations under this Agreement. ChattyFlow does not claim ownership of your User Content.

If uploaded media depicts an identifiable person, including a model, actor, bystander, employee, customer, or minor, you represent that you have every authorization, privacy notice, likeness release, and parental or guardian consent required to upload that media and have it processed by AI. You must not submit biometric identifiers, medical imagery, or media for which you lack these rights.

Lead Engine may process uploaded media locally in your browser to generate predicted-attention summaries. These outputs are probabilistic creative-assistance signals only. They are not eye tracking, biometric analysis, proof of viewing or comprehension, or a guarantee of engagement, sales, or conversion. You remain responsible for reviewing outputs and deciding whether and how to use them.

5. Third-Party Platform Compliance (Instagram & TikTok)

ChattyFlow integrates exclusively with two third-party platforms: (i) Instagram, operated by Meta Platforms, Inc. and its affiliates ("Meta"), via the Instagram Graph API and Instagram Login for Business; and (ii) TikTok, operated by TikTok Pte. Ltd. and its affiliates ("TikTok"), via TikTok Login Kit v2 and the TikTok Display / Shop APIs. ChattyFlow does not integrate with Facebook Pages, Facebook Messenger, or WhatsApp, and does not request Facebook Login.

5.1 Meta / Instagram Policies

Your use of Instagram-connected features is at all times subject to Meta's applicable platform policies, community standards, developer terms, and messaging guidelines (collectively, "Meta Policies"), including the Meta Platform Terms (developers.facebook.com/terms), the Instagram Platform Policy, the Meta Developer Policies, and the Instagram Community Guidelines. In the event of any conflict between this Agreement and Meta Policies with respect to your use of Instagram, Meta Policies shall control.

5.2 TikTok Policies

Your use of TikTok-connected features is at all times subject to TikTok's applicable terms, including the TikTok Developer Terms of Service, the TikTok Login Kit Terms, the TikTok for Developers Policies, and the TikTok Community Guidelines (collectively, "TikTok Policies"), available at developers.tiktok.com/legal. In the event of any conflict between this Agreement and TikTok Policies with respect to your use of TikTok, TikTok Policies shall control.

5.2-bis TikTok Eligibility — Business Accounts and MENA Region Only

The TikTok integration is not available to all users. It is offered exclusively (i) to holders of a TikTok Business account — personal and creator TikTok accounts are not eligible, and TikTok direct-message automation cannot be enabled on them — and (ii) to sellers and end users located in the MENAP region (Middle East, North Africa, Afghanistan and Pakistan), namely Tunisia, Algeria, Morocco, Libya, Egypt, Mauritania, Sudan, Djibouti, Somalia, Saudi Arabia, Kuwait, Qatar, the United Arab Emirates, Oman, Bahrain, Jordan, Lebanon, Iraq, Yemen, Palestine, Afghanistan and Pakistan. The TikTok integration is not offered in the United States, the European Economic Area, Switzerland or the United Kingdom, nor in any other territory outside the countries listed above. You must not attempt to access or use the TikTok integration from an ineligible territory or with an ineligible account type, including through a VPN, proxy or any other circumvention method. ChattyFlow may suspend or disable your TikTok connection at any time if your account type or location falls outside this scope. Instagram-connected features are unaffected by this restriction.

5.3 Consent and Messaging Compliance

You are solely responsible for ensuring that all messages and content sent through Instagram or TikTok via the Platform comply fully with Meta Policies, TikTok Policies, and all applicable law — including rules governing user opt-in consent, permissible message content, the Instagram 24-hour standard messaging window, frequency limitations, and content restrictions. ChattyFlow does not verify your compliance and does not guarantee that your use of these integrations will result in continued access to the underlying APIs.

5.4 Prohibited Conduct on Connected Platforms

You may not use the Platform in connection with Instagram or TikTok services to:

• Send unsolicited messages or contact users who have not initiated a conversation or otherwise provided a valid opt-in through a platform-approved mechanism (such as a comment trigger, story reply, or direct message)
• Circumvent the Instagram 24-hour messaging window, TikTok's messaging restrictions, frequency caps, or content restrictions
• Transmit deceptive, abusive, misleading, or fraudulent content to Instagram or TikTok users
• Harvest personal data from Instagram or TikTok users without their express knowledge and consent
• Use the Instagram Graph API, TikTok Login Kit, TikTok Display API, or TikTok Shop API in violation of the relevant platform policies, rate limits, or scope authorizations
• Create fake accounts, impersonate third parties, or misrepresent your identity or business on Instagram or TikTok
• Promote or facilitate content or activities that violate Meta's or TikTok's prohibited or restricted content policies

5.5 API Availability

ChattyFlow's ability to offer Instagram- or TikTok-connected features depends on its continued access to the relevant APIs and its status as an authorized developer with each platform. Meta and TikTok may, at any time and without notice, modify, restrict, or revoke their APIs or ChattyFlow's access. ChattyFlow shall have no liability to you for any disruption, feature unavailability, or data loss resulting from changes to either platform's APIs, policies, or relationship with ChattyFlow.

5.6 Platform Data Handling

Personal data and content obtained from Instagram or TikTok APIs (collectively, "Platform Data") is used by ChattyFlow exclusively to deliver the features you have authorized when connecting your account. ChattyFlow does not sell, license, or purchase Platform Data; does not use Platform Data to train machine-learning models, build advertising profiles, or determine eligibility for credit, insurance, employment, housing, or government benefits; and does not combine Platform Data with data from other sources except as strictly necessary to deliver the requested features. Full details are set out in our Privacy Policy.

5.7 Disconnection and Deletion

You may revoke ChattyFlow's access to your Instagram account at any time via Instagram → Settings and activity → Apps and websites → Active, and to your TikTok account via TikTok → Settings and privacy → Security and login → Manage app permissions. Upon disconnection, ChattyFlow will cease processing the relevant Platform Data and delete it in accordance with the retention rules set out in the Privacy Policy. You may additionally request immediate deletion at any time as described in the Privacy Policy.

6. SMS, Email, and Electronic Communications

If you use the Platform to send text messages, emails, or other electronic communications to individuals ("Recipients"), you agree to comply fully with all applicable telecommunications and electronic communications laws, including the Tunisian Telecommunications Code (Loi n° 2001-1 du 15 janvier 2001 portant promulgation du Code des télécommunications, as amended), the decisions and orders issued by the Instance Nationale des Télécommunications (INT) regarding unsolicited electronic communications, Loi n° 2000-83 du 9 août 2000 on electronic exchanges and electronic commerce, and, to the extent applicable, any other national or regional laws governing electronic commercial communications in the jurisdictions from which your Recipients receive messages (collectively, "Communications Laws").

You represent, warrant, and covenant that:

• You have obtained all required prior express consent from each Recipient before sending any automated, promotional, or marketing message
• All messages comply with applicable content, timing, frequency, and sender identification requirements under Communications Laws
• You will honor all opt-out, unsubscribe, and consent withdrawal requests promptly and within the timeframes required by applicable law
• Your messages include all legally required sender identification, contact information, and opt-out mechanisms
• You will maintain records of all consents and opt-outs in a format that allows you to demonstrate compliance upon request

ChattyFlow is not responsible for ensuring that your messaging practices comply with Communications Laws and assumes no liability for your failure to comply. You agree to indemnify and hold harmless the Indemnified Parties (as defined in Section 20) from any claim, fine, penalty, or liability arising from your violation of any Communications Law or your messaging practices.

7. Third-Party Sub-Processors and Technology Partners

To deliver and operate the Platform, Alden Peak Technologies engages the following third-party service providers and technology partners. By using the Platform, you acknowledge and agree that your data may be processed by these entities in accordance with their respective terms and privacy policies:

7.1 Hostinger

Hostinger International Ltd provides the domain registration, application hosting and content delivery infrastructure for www.chattyflow.com. All HTTPS traffic between your browser and the Platform — including Instagram and TikTok access tokens, webhook payloads, and End-User messages — transits through Hostinger's infrastructure but is not stored by Hostinger beyond standard request logs. Hostinger's privacy policy is available at hostinger.com/privacy-policy.

7.2 Cloudflare

Cloudflare, Inc. provides reverse-proxy, DDoS mitigation, Web Application Firewall, TLS termination and CDN caching for www.chattyflow.com. All HTTPS traffic transits Cloudflare's global edge network; Cloudflare may set strictly-necessary security cookies (e.g. __cf_bm, cf_clearance) and processes limited connection metadata (IP address, request headers, timestamps) solely to secure and deliver the Platform. Cloudflare acts as a sub-processor, does not store Platform content beyond transient cache and standard security logs, and its privacy policy is available at cloudflare.com/privacypolicy.

7.2 Supabase

Supabase, Inc. provides the Platform's backend database infrastructure, authentication services, and real-time data capabilities. Account information, subscriber lists, and platform data may be stored and processed on Supabase's infrastructure. Supabase's privacy policy is available at supabase.com/privacy.

7.2 Resend

Resend provides transactional and system-generated email delivery services used by ChattyFlow to send Account notifications, verification emails, billing communications, and other platform-generated messages. Resend's privacy policy is available at resend.com/legal/privacy-policy.

7.3 OpenAI and Google (AI providers)

Certain Platform features use OpenAI's API for AI processing, with Google's Gemini API kept as a backup that is used only if OpenAI is unavailable to us. This includes Chat Bot, Flow Bot, Lead Engine, content assistance, sentiment analysis, feedback analysis, keyword suggestions, knowledge-base drafting, and speech-to-text transcription. When these features run, conversation content, uploaded videos and files, knowledge-base content, and connected-platform metadata may be sent to OpenAI (or, in the backup case, to Google) so that ChattyFlow can generate responses, summaries, sentiment analysis, lead scores, and recommendations shown to you. Chat Bot and Flow conversations take place on your website on your behalf and are governed by this Agreement, our Privacy Policy, Quebec Law 25, and the GDPR where applicable — they are not subject to Meta or TikTok platform terms. No account credentials or access tokens are transmitted; the content is not used to train OpenAI's or Google's general AI models; and results are stored only as needed to deliver the feature to you. OpenAI's privacy information is available at openai.com/policies/privacy-policy.

ChattyFlow signed OpenAI's Data Processing Addendum on 25 September 2026, under which OpenAI acts strictly as our data processor and international transfers are covered by the Standard Contractual Clauses.

ChattyFlow signed the Google Cloud Data Processing Addendum on 4 August 2026, under which Google acts strictly as our data processor and international transfers are covered by the Standard Contractual Clauses. Google's terms and privacy information are available at policies.google.com/privacy.

Sentiment and feedback analysis: results are anonymous and aggregated — no names, no handles, no contact details — and the raw messages and comments used for the analysis are deleted within 24 hours.

7.3-bis AI tools you connect (ChattyFlow MCP)

An account owner or manager may connect an AI tool of their choice to ChattyFlow through our MCP server and choose, on a consent screen, what that tool may read and change. The tool and its provider are chosen by you and are not our sub-processors: data you instruct us to send to it is then governed by your agreement with that provider, and you are responsible for using what it receives, including End-User contact details, lawfully and only for your own business. Changes a tool makes to your website agent's settings take effect immediately and are recorded so they can be undone; you are responsible for them as if you had made them yourself.

Meta, TikTok and LinkedIn rules always prevail. No permission, setting or instruction lets a connected tool send messages, reply, post, or change an automation on Instagram or TikTok, and LinkedIn is not available. Instagram and TikTok data reaches a connected tool only after you accept the platform data terms shown on the consent screen, and you must honour those terms, including their prohibitions on building profiles of individuals and on training AI models with that data. We may suspend a connection, or the feature, to keep the Platform within those rules.

7.3 ClicToPay (Société Monétique Tunisie)

ClicToPay, the online card-payment gateway operated by Société Monétique Tunisie (SMT) and licensed in Tunisia, will process card payment transactions for your subscription once the integration is activated. The ClicToPay integration is currently pending and no card payments are processed through it at this time. When ClicToPay is live, it will operate as an independent payment processor and its collection and use of payment information will be governed solely by ClicToPay's terms and privacy policy available at clictopay.com. ChattyFlow does not store full payment card data.

7.5 Google Analytics

Google LLC provides web analytics services through Google Analytics, which collects data about how users interact with the ChattyFlow website and Platform. Google Analytics may use cookies and similar tracking technologies. For more information, see Google's Privacy Policy at policies.google.com/privacy.

7.6 Mouseflow

Mouseflow provides session recording, heatmap, and user behavior analytics services. Mouseflow may record user interactions with the Platform, including mouse movements, clicks, scrolling, and form interactions, to help us understand and improve user experience. By using the Platform, you acknowledge and consent to this session recording activity. You may opt out of Mouseflow session recording by visiting mouseflow.com/opt-out. Mouseflow's privacy policy is available at mouseflow.com/privacy-policy.

7.7 CookieYes

CookieYes provides the Platform's cookie consent management infrastructure, enabling us to obtain, record, and manage user consents for non-essential cookies and tracking technologies in compliance with applicable law. CookieYes's privacy policy is available at cookieyes.com/privacy-policy.

8. Cookies and Tracking Technologies

The Platform uses cookies, web beacons, pixel tags, session recordings, and similar tracking technologies (collectively, "Tracking Technologies") to operate the Platform, analyze usage patterns, improve user experience, and deliver relevant features. The specific Tracking Technologies in use and their purposes are described in our Privacy Policy.

Non-essential Tracking Technologies — including analytics cookies (Google Analytics) and session recording tools (Mouseflow) — are deployed only with your prior consent, which is obtained and managed through our CookieYes consent management platform. You may withdraw or modify your consent at any time through the cookie preference center available on the Platform.

Essential cookies and Tracking Technologies necessary for the basic operation of the Platform, such as authentication and session management, are deployed on the basis of operational necessity and do not require separate consent.

9. Prohibited Conduct and Restricted Activities

You agree that you will not use the Platform to:

• Engage in any activity that violates applicable Tunisian law, international law, or the laws of any jurisdiction from which you access the Platform
• Infringe upon any third party's intellectual property, privacy, publicity, or other proprietary rights
• Harass, abuse, stalk, threaten, defame, intimidate, or discriminate against any individual or group on any basis
• Transmit false, deceptive, misleading, or fraudulent content
• Upload or distribute viruses, malware, ransomware, spyware, or other harmful software or code
• Violate Meta Policies or the terms of service or community standards of any other third-party platform integrated with ChattyFlow
• Send unsolicited commercial messages, spam, or chain communications to any person
• Collect or harvest personal data about other users without their express consent
• Attempt to bypass, circumvent, or disable any security feature, authentication mechanism, or access control of the Platform
• Reverse engineer, decompile, disassemble, or attempt to derive source code from any component of the Platform
• Use automated bots, scrapers, or crawlers to access or extract data from the Platform without our prior written authorization
• Impersonate any person or entity, including Alden Peak Technologies employees or ChattyFlow representatives
• Resell, sublicense, or commercially exploit access to the Platform without express written authorization from ChattyFlow
• Abuse, exploit, or fraudulently manipulate any Free Plan entitlement, promotional offer, or referral program
• Use the Platform in connection with gambling, illegal narcotics, unlicensed financial services, weapons trafficking, human trafficking, or any other unlawful enterprise
• Enable or encourage any other person to engage in any of the foregoing

ChattyFlow reserves the right to investigate suspected violations and to restrict, suspend, or permanently terminate your access to the Platform if we determine, in our sole discretion, that you have engaged in any prohibited conduct. ChattyFlow may also cooperate with law enforcement authorities and disclose information about your Account and activities as required by applicable law.

9.1 Free Plan Abuse and Referral Fraud

Tunisian contract law requires that contracts be performed in good faith (Code des Obligations et des Contrats, Article 243). Any abuse, exploitation, or fraudulent manipulation of the Free Plan, of any promotional credit, or of the referral program — including (but not limited to) the creation of multiple Accounts to obtain stacked free credits, the use of fake or recycled email addresses, self-referrals, fictitious referees, or coordinated multi-Account schemes — constitutes a breach of this good-faith obligation. In such cases, ChattyFlow may, without prior notice and without entitlement to refund: (a) immediately forfeit all promotional credits, referral bonuses, and Free Plan allowances on every linked Account; (b) suspend or permanently ban the offending Accounts and the underlying user; (c) blacklist the user from re-registering on the Platform; and (d) seek recovery of any commercial loss caused by the abuse.

10. Representations, Warranties, and Legal Compliance

You represent and warrant that: (a) you are at least 18 years of age or have attained the age of majority in your jurisdiction, and have the legal capacity to enter into binding contracts; (b) if acting on behalf of a legal entity, you are duly authorized to bind that entity; (c) your use of the Platform complies with all applicable laws and regulations; and (d) you will act in good faith and professionally in all your interactions through the Platform.

You are solely responsible for evaluating whether the Platform is appropriate and lawful for your intended use in light of your industry, jurisdiction, and any applicable regulatory requirements. ChattyFlow assumes no responsibility for ensuring that the Platform satisfies your specific regulatory compliance requirements.

You are solely responsible for obtaining all end-user consents necessary for data collection, processing, and communications conducted through the Platform, and for maintaining adequate records of such consents in compliance with applicable law.

10.1 Protection of Minors under Tunisian Law

In accordance with the Tunisian Code de la Protection de l'Enfant (Loi n° 95-92 du 9 novembre 1995) and Loi organique n° 2004-63 on the protection of personal data, the processing of personal data of any minor (any person under the age of 18 under Tunisian law) without the prior, express and verifiable consent of the holder of parental authority is strictly prohibited. You undertake never to use the Platform to collect, store or send messages to minors absent such parental consent, and to delete any minor's data upon request from the parent or legal guardian.

11. Free Plan, Paid Plans, and Subscription Terms

11.1 Free Plan

ChattyFlow offers a Free Plan that provides access to a limited set of Platform features at no charge and without requiring a credit card. The Free Plan is subject to usage thresholds and feature limitations as described at www.chattyflow.com/pricing. ChattyFlow reserves the right to modify, limit, or discontinue the Free Plan at any time upon reasonable notice.

11.2 Paid Plans

ChattyFlow offers Paid Plans on a subscription basis. Paid Plan pricing is based on the number of active contacts stored in your Account, with applicable tiers and fee schedules set forth at www.chattyflow.com/pricing. As your contact count increases, your subscription tier and associated fees may increase automatically or upon your next billing cycle renewal, as described in the pricing schedule.

11.3 Subscription Billing and Auto-Renewal

Paid Plan subscriptions are billed on a monthly recurring basis. Subscriptions automatically renew at the end of each billing cycle at the then-current applicable rate, unless you cancel before the renewal date through your Account settings. Upgrades take effect immediately; downgrades take effect at the start of the next billing cycle.

11.4 Upgrading from the Free Plan

Upgrading from the Free Plan to a Paid Plan requires the provision of valid payment information and constitutes your authorization for ChattyFlow to charge the applicable subscription fee on a recurring basis. You may revert to the Free Plan (subject to its applicable limitations) by downgrading through your Account settings before your next billing date.

12. Billing, Payment Processing, and Taxes

12.1 Payment Processors

The payment processor responsible for handling your transaction depends on your billing currency and location:

• Card payments (ClicToPay — pending activation): Card payments will be processed by ClicToPay, the online card-payment gateway operated by Société Monétique Tunisie (SMT) and licensed in Tunisia. The ClicToPay integration is currently pending and is not yet available to charge cards; once activated, by providing your card information you will agree to ClicToPay's terms available at clictopay.com and authorize ClicToPay to process charges on ChattyFlow's behalf.

ChattyFlow does not store full payment card numbers or sensitive financial credentials. All payment data is handled exclusively by our payment processors in accordance with their respective security standards.

12.2 Recurring Authorization

By subscribing to a Paid Plan, you authorize ChattyFlow, through its payment processors, to charge your designated payment method on a recurring basis for all applicable subscription fees. You represent that you are authorized to use the payment method you provide.

12.3 Taxes

All fees listed on the Platform are exclusive of applicable taxes, levies, duties, or similar governmental assessments, including value-added tax (VAT), goods and services tax (GST), or any equivalent tax ("Taxes"). You are solely responsible for all Taxes arising from your use of the Platform, except taxes imposed on Alden Peak Technologies's own net income. Where ChattyFlow is legally required to collect Taxes, those amounts will be added to your invoice or charge.

12.4 Fee Changes

ChattyFlow may change its subscription fees at any time by updating the pricing page at www.chattyflow.com/pricing. For existing subscribers, fee changes will take effect at the start of the next billing cycle following reasonable notice to your registered email address.

13. Cancellations and Refunds

You may cancel your Paid Plan subscription at any time through your Account settings. Cancellation takes effect at the end of the then-current billing cycle, and you will retain access to your Paid Plan features until that date. ChattyFlow does not provide prorated refunds for unused portions of a billing cycle, except where required by mandatory applicable law.

ChattyFlow may consider refund requests on a case-by-case basis at its sole discretion. To submit a refund request, contact us at akhairallah@chattyflow.com with a description of your request and your Account details. Refund determinations made by ChattyFlow are final.

If ChattyFlow discontinues the Platform or terminates your Account for reasons not attributable to your breach of this Agreement, you may not be entitled to a prorated refund for any prepaid subscription fees corresponding to the unused portion of your billing cycle.

13.1 Tunisian Consumer Rights — Loi n° 2015-36

Nothing in this Section 13 limits or excludes any remedy that Tunisian consumers cannot lawfully waive under Loi n° 2015-36 du 15 septembre 2015 relative à la sécurité et à la qualité des produits and the consumer protection legislation in force in Tunisia, including remedies for non-conforming, defective or undelivered services. Tunisian consumers are also entitled to file a complaint with the Direction Générale de la Concurrence et des Enquêtes Économiques (DGCEE) of the Tunisian Ministry of Commerce.

14. Suspension, Termination, and Account Closure

Either party may terminate this Agreement at any time, with or without cause. You may close your Account at any time through the Account settings page. Upon termination, you will lose access to all Account data, messaging flows, subscriber lists, and other content stored in your Account. ChattyFlow will delete or irreversibly anonymise your personal data within thirty (30) days on our primary production systems, subject to any legal retention obligations. This includes all website Chat Bot and Flow Bot sessions, messages, events, ratings, leads, knowledge bases, and uploaded content associated with your Account. ChattyFlow is not liable for any loss of data resulting from Account closure or termination.

ChattyFlow reserves the right to suspend or terminate your Account at any time, with or without prior notice, if we determine, in our sole discretion, that you have violated this Agreement or any applicable law, or that your continued use poses a risk to the Platform, other users, or third parties.

If your Account is terminated for cause, you are prohibited from creating a new Account without our prior written consent.

Accounts that remain inactive — defined as no login activity, messaging activity, payment transactions, or scheduled campaigns — for a continuous period of twenty-four (24) months will be subject to closure. ChattyFlow will endeavor to notify you at your registered email address prior to closure and will provide thirty (30) days to respond before permanently deleting the Account and all associated data.

All provisions of this Agreement that by their nature are intended to survive termination shall survive, including those relating to intellectual property, confidentiality, disclaimers, liability limitations, indemnification, and dispute resolution.

15. Third-Party Integrations and Linked Services

The Platform may offer integrations with, or links to, third-party platforms, tools, and services not owned or controlled by ChattyFlow ("Third-Party Services"), including Meta platforms, payment processors, analytics providers, and CRM tools. ChattyFlow does not control any Third-Party Services and makes no representations or warranties regarding their accuracy, availability, security, or legal compliance.

Your use of any Third-Party Service is governed exclusively by that service's own terms of service and privacy policies. ChattyFlow is not responsible for any loss, damage, or liability arising from your use of Third-Party Services. You access and use Third-Party Services entirely at your own risk.

16. Intellectual Property Rights and Ownership

All content, software, interfaces, data compilations, databases, trademarks, logos, service marks, trade names, design elements, and other materials comprising the Platform and its features (collectively, "ChattyFlow Content") are owned by or licensed to Alden Peak Technologies and are protected under applicable intellectual property laws, including copyright, trademark, and trade secret law. You acquire no ownership rights in any ChattyFlow Content by virtue of using the Platform.

Subject to your compliance with this Agreement, ChattyFlow grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and ChattyFlow Content solely for your internal business purposes. You may not copy, reproduce, distribute, publicly display, adapt, create derivative works from, or commercially exploit any ChattyFlow Content without our prior written consent.

You retain all ownership rights in your User Content. The license you grant ChattyFlow over your User Content under Section 4 is limited to what is strictly necessary to operate and improve the Platform.

If you voluntarily provide ChattyFlow with suggestions, ideas, feature requests, or other feedback about the Platform ("Feedback"), you agree that ChattyFlow may freely use, implement, and commercialize such Feedback without any obligation to you, including without payment or attribution. You waive any proprietary or moral rights claims in such Feedback.

17. DMCA / Copyright Notification Procedure

Alden Peak Technologies respects intellectual property rights and expects all Platform users to do the same. If you believe in good faith that any content available on or through the Platform infringes your copyright, please submit a written notification to our designated Copyright Agent containing the following:

• A description of the copyrighted work you believe has been infringed, with sufficient detail to identify it
• The URL or specific location on the Platform where the allegedly infringing material appears
• Your name, mailing address, telephone number, and email address
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on their behalf
• Your physical or electronic signature

Please submit copyright notices by email to: akhairallah@chattyflow.com with the subject line "Copyright Notice — ChattyFlow."

Or by post to: Alden Peak Technologies, Immeuble Borj Khefacha, 5000 Monastir, Tunisia.

18. Confidentiality

"Confidential Information" means any non-public, proprietary, or trade secret information of ChattyFlow or Alden Peak Technologies disclosed to you in connection with the Platform, whether in written, oral, electronic, or other form, that is identified as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure.

You agree to hold all Confidential Information in strict confidence, using at least the same degree of care you apply to your own most sensitive proprietary information, but no less than reasonable care. You may disclose Confidential Information only to your employees, contractors, and agents who have a legitimate need to know and who are bound by written confidentiality obligations at least as protective as those in this Agreement. You will promptly notify us at akhairallah@chattyflow.com if you become aware of any unauthorized disclosure or use of Confidential Information.

Your confidentiality obligations under this Section shall continue for a period of three (3) years following the termination or expiration of this Agreement, or indefinitely with respect to information that constitutes a trade secret under applicable law.

19. Disclaimers of Warranty

AI-generated responses, media analysis, lead scores, recommendations, and other outputs are provided as decision-support guidance only. They may be incomplete or inaccurate and do not constitute legal, financial, medical, regulatory, or other professional advice, or a guarantee of advertising, sales, or conversion performance. You must independently review outputs before relying on or publishing them.

Some jurisdictions do not permit the exclusion of certain implied warranties. To the extent such exclusions are prohibited by mandatory applicable law in your jurisdiction, those exclusions shall not apply to you.

20. Limitation of Liability and Indemnification

20.1 Limitation of Liability

Some jurisdictions do not permit certain exclusions or limitations of liability. To the extent such limitations are prohibited by mandatory applicable law in your jurisdiction, including the consumer-law protections preserved by Section 22, those limitations shall not apply to you.

Tunisian carve-out (Code des Obligations et des Contrats, Article 247). The above limitations shall not apply, and shall not be invoked by ChattyFlow, in the case of fraud (dol), gross negligence (faute lourde), willful misconduct, death or bodily injury, or for any other liability that cannot lawfully be excluded or limited under Tunisian law, including non-waivable consumer remedies under Loi n° 2015-36.

20.2 Indemnification

You agree to defend, indemnify, and hold harmless Alden Peak Technologies and its officers, directors, employees, contractors, agents, successors, and assigns (the "Indemnified Parties") from and against any and all third-party claims, demands, actions, liabilities, losses, damages, fines, penalties, and expenses (including reasonable legal fees) to the extent arising out of or relating to: (a) your breach of this Agreement; (b) your User Content; (c) your violation of any applicable law or third-party right; (d) your violation of Meta Policies, TikTok policies, or any other applicable third-party platform policies; or (e) your messaging or electronic communications practices carried out through the Platform. In accordance with Article 1217 of the Tunisian Code des Obligations et des Contrats, this indemnity does not extend to, and you shall have no obligation to indemnify the Indemnified Parties for, any portion of a claim caused by the fraud (dol), gross negligence (faute lourde), or willful misconduct of an Indemnified Party.

21. Dispute Resolution

21.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute informally by submitting a written description of your complaint to akhairallah@chattyflow.com. Both parties agree to make reasonable good-faith efforts to resolve the matter within forty-five (45) calendar days of submission. If the dispute remains unresolved after that period, either party may pursue the formal remedies described below.

21.2 Mediation (Loi n° 2019-29)

If informal resolution is unsuccessful, the parties agree to attempt non-binding mediation before initiating any court proceedings, conducted in accordance with Loi n° 2019-29 du 9 avril 2019 relative à la médiation in civil and commercial matters. Mediation shall be conducted by a mutually agreed neutral mediator registered in Tunisia or, failing agreement within thirty (30) days, by a mediator appointed by the President of the Tribunal of First Instance of Monastir. The costs of mediation shall be shared equally between the parties unless otherwise agreed in writing. Recourse to mediation does not extend the limitation periods provided by Tunisian law.

21.3 Jurisdiction and Litigation

If mediation fails or is declined by either party, any dispute arising out of or relating to this Agreement or your use of the Platform shall be submitted to the exclusive jurisdiction of the competent courts of Monastir, Tunisia. You consent to personal jurisdiction in the courts of Monastir, Tunisia, except where mandatory consumer protection laws in your country of residence require disputes to be resolved in your local courts, in which case those mandatory forum requirements shall apply.

21.4 Class Action Waiver (non-Tunisian users only)

Tunisian civil procedure (Code de Procédure Civile et Commerciale) does not provide for class actions, and this Section 21.4 has no application to disputes governed by Tunisian procedural law. For users residing outside Tunisia, and to the extent permitted by the law applicable to such users, all disputes shall be resolved on an individual basis, and you agree not to bring or participate in any class action, consolidated action, or representative proceeding against ChattyFlow or Alden Peak Technologies. If this waiver is found unenforceable in a specific case, that case alone may proceed as an exception without affecting the enforceability of this waiver in all other cases.

22. Governing Law and Jurisdiction

This Agreement and your use of the Platform shall be governed by and construed in accordance with the laws of the Republic of Tunisia, including the Code des Obligations et des Contrats and Tunisia's applicable commercial and data protection legislation, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

Where mandatory consumer protection or data protection laws of your jurisdiction of residence apply and cannot be contractually waived, those mandatory provisions shall apply alongside Tunisian law to the extent required. Users in the MENA region are additionally subject to any mandatory national consumer or data protection laws applicable in their country of residence.

23. Data Protection and Privacy

Alden Peak Technologies processes personal data in accordance with Tunisian Law No. 2004-63 on the Protection of Personal Data, Quebec Law 25 (Act to modernize legislative provisions as regards the protection of personal information), the General Data Protection Regulation (EU) 2016/679 (GDPR) where applicable, and other applicable data protection laws. Full details of how we collect, use, store, share, and protect your personal data — including your rights as a data subject — are set out in our Privacy Policy. The Privacy Policy forms part of this Agreement and should be read together with these Terms.

As a user of the Platform, you act as an independent data controller with respect to personal data you collect about your subscribers and end users through the Platform. You are responsible for ensuring that your collection and processing of end-user data complies with all applicable data protection laws, including obtaining any required consents and providing appropriate privacy notices to your end users. In particular, when you deploy the Chat Bot or Flow Bot on your website, you must provide a clear notice to visitors that the conversation is processed by ChattyFlow on your behalf.

23.1 Data Portability and Export

You may download a copy of your Account data at any time through your Account settings (Settings > Privacy & Security > Download my data). You may also request a portable copy of your data by emailing us at akhairallah@chattyflow.com. We will respond to verified requests within thirty (30) days.

23.2 Privacy Officer

Our Privacy Officer is Akram Khairallah, Founder. You may contact the Privacy Officer directly at akhairallah@chattyflow.com for any privacy, data protection, retention, Quebec Law 25, or GDPR inquiries.

24. Amendments to This Agreement

Alden Peak Technologies reserves the right to amend this Agreement at any time in its sole discretion. We will provide advance notice of material changes by sending an email to your registered address and/or by posting a prominent notice on the Platform. The updated Agreement will display its revised effective date at the top of the document.

Your continued use of the Platform after the effective date of any amended Agreement constitutes your acceptance of the revised terms. If you do not agree to any amendment, you must discontinue your use of the Platform and close your Account before the effective date of the change.

25. Miscellaneous and General Provisions

Entire Agreement

This Agreement, together with the Privacy Policy incorporated herein by reference, constitutes the entire agreement between you and Alden Peak Technologies with respect to the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, and communications, whether written or oral.

No Waiver

No failure or delay by ChattyFlow in exercising any right under this Agreement shall constitute a waiver of that right. A waiver of any breach shall not constitute a waiver of any prior, concurrent, or subsequent breach.

Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from the Agreement. The remaining provisions shall continue in full force and effect.

Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. Alden Peak Technologies may freely assign this Agreement, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your consent.

No Agency

Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, employment, or franchise relationship between you and Alden Peak Technologies. You have no authority to bind ChattyFlow or Alden Peak Technologies in any respect.

No Third-Party Beneficiaries

This Agreement is entered into solely for the benefit of you and Alden Peak Technologies. No third party shall have any rights or remedies under this Agreement.

Electronic Communications Consent

By creating an Account and using the Platform, you consent to receive all notices, disclosures, and communications from ChattyFlow in electronic form, including by email to your registered address or by in-app notification. You are responsible for ensuring your registered email address remains current and accessible.

Force Majeure

Alden Peak Technologies shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental actions, internet or telecommunications outages, or actions of third-party service providers.

Language

This Agreement is drafted in the English language. In the event of any inconsistency between this English version and any translation, the English version shall prevail.

26. Contact Information

For all legal notices, compliance inquiries, data protection requests, copyright matters, and formal correspondence:

For general support and technical assistance, please visit: www.chattyflow.com/support

ChattyFlow endeavors to respond to all formal legal and compliance inquiries within ten (10) business days.