TERMS & CONDITIONS

Last updated: January 12, 2024

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These Terms of Service ("TOS") describe the terms and conditions for your access to and use of our web site located at chatterboss.com (the “ChatterBoss Site”) and ChatterBoss's proprietary services made available through the ChatterBoss Site and the "ChatterBoss" mobile app (the “ChatterBoss Services” or “Services”). The ChatterBoss Site, "ChatterBoss" mobile app, and the ChatterBoss Services are referred to collectively as “ChatterBoss.” By using ChatterBoss, you agree to be bound by these TOS, which may be updated by us from time to time. Guidelines, policies, and/or rules posted within chatterboss.com are also part of the TOS. Travel bookings may also be subject to the EAN Affiliate Program Agreement (http://developer.ean.com/terms/en).

You may not use ChatterBoss and you may not accept the TOS if you are not of a legal age to form a binding contract and otherwise capable of entering into this agreement. In addition, ChatterBoss is not intended for use by children, and children under the age of 13 are expressly prohibited from providing any personally identifiable information via ChatterBoss. By clicking on the 'submit' button in the Registration process you are agreeing to the TOS and accepting our Privacy Policy. . If you do not agree to these TOS or any of its parts, then you are prohibited from using the Services and we request that you refrain from doing so. If you have any questions regarding these terms and conditions, please contact us at admin@chatterboss.com.

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ChatterBoss’ Services To You

​When you agree to use ChatterBoss, you agree to allow us to collect and analyze your online shopping requests in order to make purchases on your behalf, consistent with our Privacy Policy.

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We may send you email messages as part of providing our Services. These messages may relate to, but are not limited to, account summaries, newsletters, new services, and features as they become available, general notifications, and offers. In accordance with our Privacy Policy, we also communicate with you when necessary regarding security, privacy, and administrative issues. Messages will be sent to the email address you have provided as your primary email address for your account. You can choose to have messages sent to a mobile device that accepts text messages. In doing so, you acknowledge and understand that the Services require and utilize phone service, data access, and text messaging capabilities. Carrier rates for phone, data, and text messaging may apply and you are responsible for any such charges. If your email address changes, you are responsible for informing us of that change.

Collection And Storage Of Information

​Through your use of ChatterBoss, you consent to the collection and storage (as set forth in the Privacy Policy) of the information you provide, including the transfer of this information within the United States and/or other countries for processing and use by ChatterBoss as described in our Privacy Policy. In order to register to use ChatterBoss, you are required to provide certain information about yourself. You agree to (a) provide true, accurate, current, and complete information as requested, and (b) keep your information accurate, current, and complete. If ChatterBoss has reasonable grounds to believe that your information is untrue, ChatterBoss may suspend or terminate your account. We reserve the right to reclaim usernames that are no longer active.

Account, Verification Code, And Security

​You are responsible for maintaining the confidentiality of your account and verification code and are fully responsible for all activities that occur under your account and verification code. You agree to not hold ChatterBoss liable for any loss or damage arising from or relating to your failure to properly safeguard your account or verification code. You agree to immediately notify ChatterBoss in the event you learn of or suspect any unauthorized use of or access to your verification code or account.

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Paid Services

​A. Billing Policies. Certain aspects of the Services may be provided for a fee or other charge. ChatterBoss may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

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B. ACH Failed Payment Fees. ChatterBoss offers all clients the ability to pay their weekly invoices via ACH payments. In the instance of a failed ACH payment, a $20 ACH failure fee will be issued for initial and any subsequent payment failures. After any 3rd failed payment, ACH payment option is no longer available to payer. Any associated discount is removed and a card on file must be provided for balance due on services rendered as well as to remove any account hold.

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C. Minimums. ChatterBoss requires a 5-hour monthly minimum. If you do not meet the 5 hours for any given month, you will be charged for the difference to meet the 5 hour minimum. This charge will be billed to your payment method on file by the second week of the following month. It is your responsibility to track your usage hours to ensure you meet the 5 hour minimum each month. Your monthly hours can be viewed in real-time from the 'Time Tracker' tab in the ChatterBoss app.

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D. Tech Fee. The monthly fee for 1Password will be billed on the 3rd of each month. Access can be granted as soon as onboarded. Amount in a client's first month of service will be prorated based on the day started. If you wish to deactivate your 1password profile please notify clientsuccess@chatterboss.com. This fee is not eligibile for refunds.

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E. No Refunds. You may cancel your ChatterBoss account or any requests at any time; however, you are not entitled to any refund for cancellation. ChatterBoss provides refunds for purchases only at ChatterBoss’s sole discretion. In the event that ChatterBoss suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any ChatterBoss Property, any content or data associated with your account, or for anything else, except if, in ChatterBoss’s sole discretion, ChatterBoss provides you a refund or exchange.

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F. Payment Information. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

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G. All charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.). ChatterBoss does not store or have access to your personal credit card information. Any credit card authorization charges made in the amount of $0 or $1 will be immediately reversed. Authorizations are made to verify the validity of your credit card with your issuing bank. They are not actual charges being applied.

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H. Failed payment fees. A $20 fee will be incurred for any failed payments. This applies to payments made via ACH, credit card, and or debit card. Please contact us promptly to update your payment method should this occur.

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Twilio Short Code Service

​When you opt-in to the service, we will send you an SMS message to confirm your signup. You can cancel the SMS service at any time. Just text "STOP" to 33824. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

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If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just text "HELP" to 33824. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

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We are able to deliver messages to the following mobile phone carriers:

Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive text messages from us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

For all questions about the services provided by this short code, you can send an email to admin@chatterboss.com.

If you have any questions regarding privacy, please read our privacy policy.

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Your Use Of ChatterBoss

​ChatterBoss is provided for informational purposes only. You understand that all information, data, text, messages, etc., that appear in your account whether gathered by ChatterBoss from receipts, coupon offers, or posted by you (collectively, the “Content”), are the sole responsibility of the person or entity from whom such Content originated. CHATTERBOSS DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF ANY CONTENT. UNDER NO CIRCUMSTANCES WILL CHATTERBOSS BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF chatterboss.com OR THE CHATTERBOSS MOBILE APPLICATION.

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You agree to not use the Service to (a) access data that you are not authorized to access or that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan, or test the vulnerability of ChatterBoss’s system; (d) breach security or authentication measures; (e) send promotions and/or advertising products and/or services; (f) attempt to interfere with or disrupt the service or servers or networks connected to ChatterBoss; (g) upload, post, email, transmit, or otherwise make available any Content that (i) is unlawful, harmful, tortious, defamatory, libelous, invasive of another's privacy, or otherwise is objectionable, (ii) you do not solely have the right to make available, or (iii) infringes any intellectual property, proprietary and/or privacy rights of any party; and/or (h) violate or attempt to violate any applicable local, state, national or international law, or regulation.

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ChatterBoss and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove, prevent, or restrict access to Content without further notice. ChatterBoss and its designees shall have the right to remove or prevent access to any or all Content that violates (or is alleged to violate) the TOS or is otherwise objectionable.

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ChatterBoss may access, preserve, and disclose your account information and Content if required to do so by law or if such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ChatterBoss, its users, and the public.

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ChatterBoss’s Proprietary Rights

​ChatterBoss contains and uses intellectual property that is proprietary and contains trade secrets that are protected by applicable laws. You acknowledge and agree that Content contained or information presented to you through ChatterBoss is or may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights.

​ Subject to the terms, conditions, and limitations set forth in the TOS, ChatterBoss grants you a non-exclusive, non-transferable, and revocable license to use the software on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by ChatterBoss that replace and/or supplement the original software, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

ChatterBoss may protect the Services by technological means intended to prevent unauthorized use of the Services. You undertake not to circumvent these means. Without derogating ChatterBoss’s rights under these TOS or under any applicable law, infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under these TOS. In such an event, you must immediately cease any and all uses of the Services.

Any use of ChatterBoss that is not expressly authorized by these TOS and any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on ChatterBoss, in whole or in part, is strictly prohibited.

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Authorization To Act As Your Representative

​When you authorize ChatterBoss to place new orders on your behalf, you appoint ChatterBoss as your legal representative to place an e-commerce order and enter your billing and shipping information on your behalf. When you authorize ChatterBoss to cancel e-commerce orders on your behalf, you appoint ChatterBoss as your legal representative to communicate with retailers about the status of your orders and cancel your orders on your behalf.

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You authorize ChatterBoss to access information maintained by identified third parties (e.g., online merchants) on your behalf as your agent and represent that you have the right to grant such authorization. Solely to provide you the ChatterBoss Services (for example, placing a new order on your behalf), you grant ChatterBoss a limited power of attorney, and appoint ChatterBoss as your attorney-in-fact and agent, to access third-party websites (such as Amazon, for example) on your behalf, retrieve, and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do on your own behalf. You acknowledge and agree that when ChatterBoss is accessing and retrieving information from third-party websites, ChatterBoss is acting as your agent, and not as the agent of or on behalf of the third party.

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DMCA Notification

​If you believe that any Content or other material provided through the Service, including through a link, infringes your copyright, you should notify ChatterBoss via email to ChatterBoss’s Designated Copyright Agent at (subject line: "DMCA Notification"). To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Service that is reasonably sufficient to enable ChatterBoss to identify and locate the material; (d) how ChatterBoss can contact you (your address, telephone number, and email address); (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Suggestions To ChatterBoss

​If you submit suggestions, comments, feedback, and/or improvements (collectively, “Feedback”) to ChatterBoss you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) ChatterBoss is not under any obligation of confidentiality with respect to the Feedback; (c) ChatterBoss shall be entitled to use or disclose (or choose not to use or disclose) the Feedback; (d) ChatterBoss may have something similar to the Feedback already under consideration; (e) by submitting Feedback to ChatterBoss, you agree to assign and do hereby assign all rights, title and interest in and to such Feedback to ChatterBoss and acknowledge and agree that your Feedback becomes the sole and exclusive property of ChatterBoss without any obligation of ChatterBoss to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ChatterBoss under any circumstances with respect to the Feedback you provide.

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Trademarks

​ChatterBoss, the ChatterBoss Logo, the ChatterBoss mobile app logo, and other ChatterBoss branding and product and service names are or may be trademarks of ChatterBoss, LLC (the "ChatterBoss Marks"). Without ChatterBoss’s prior written permission, and except as solely enabled by any link as provided by ChatterBoss, you agree not to display or use in any manner the ChatterBoss Marks.

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Advertisements And Promotions

ChatterBoss may run advertisements and promotions from third-parties via the Services or may otherwise provide information about or links to third-party products or services via the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third-party. ChatterBoss is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-ChatterBoss advertisers or third-party information accessible via the Services.

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Termination

ChatterBoss may terminate your ChatterBoss account and access at any time without prior notice. You may close your ChatterBoss account by contacting admin@chatterboss.com.

​ChatterBoss reserves the right to change, suspend, remove, discontinue, or disable access to the Services (including, but not limited to, the Application) at any time without notice. In no event will ChatterBoss be liable for the removal of or disabling of access to any portion or feature of the Service.

If you breach any of the terms or conditions of the TOS or ChatterBoss discontinues their Service, the TOS will automatically terminate. All of the sections of the TOS will survive any termination of the TOS.

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External Links

ChatterBoss may provide, or third parties may provide, links to other websites or resources. ChatterBoss is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content available from such websites or resources.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF CHATTERBOSS IS AT YOUR SOLE RISK, CHATTERBOSS IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS AND CHATTERBOSS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) CHATTERBOSS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) CHATTERBOSS WILL MEET YOUR REQUIREMENTS, (ii) CHATTERBOSS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CHATTERBOSS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH CHATTERBOSS WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE UNDERLYING CHATTERBOSS WILL BE CORRECTED; AND/OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CHATTERBOSS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSSES AND/OR LIABILITIES THAT MAY RESULT FROM THE SAME (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIALS MADE AVAILABLE THROUGH CHATTERBOSS. CHATTERBOSS EXPRESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH (i) PUSH NOTIFICATIONS TO MOBILE DEVICES, AND (ii) PHYSICAL MERCHANT RECEIPT INTEGRATION.

CHATTERBOSS IS NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL ORDERS, ANY FEES INCURRED IN CANCELLING ORDERS, ANY ERRORS IN CHANGING ORDER INFORMATION, OR ANY DELAYS IN PROCESSING REFUNDS.

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CHATTERBOSS ASSUMES NO RESPONSIBILITY FOR, AMONG OTHER THINGS, THE AVAILABILITY OF THE SERVICE OR THE TIMELINESS OR COMPLETENESS OF INFORMATION DISPLAYED.

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Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHATTERBOSS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHATTERBOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE CHATTERBOSS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF CHATTERBOSS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CHATTERBOSS; OR (v) ANY OTHER MATTER RELATING TO CHATTERBOSS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

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You further agree and understand that ChatterBoss has no liability for the loss of any information you may choose to store in your ChatterBoss account in your computer or mobile device, including without limitation, any loss that may occur in the event your computer or mobile device is sold, lost or stolen.

​ You understand that the Services may be subject to downtime or otherwise unavailable for temporary periods of time due to maintenance or other reasons as we deem necessary.  To the maximum extent allowed by law, we do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. You agree that we are not responsible or liable for any possible inadvertent inaccuracies in the information used by you on the Services.  

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Indemnification

​You agree to defend, indemnify and hold ChatterBoss and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of ChatterBoss.

​You shall not be required to indemnify and hold ChatterBoss harmless for such claims arising out of Chatterboss’s willful misconduct, gross negligence, or breach of these TOS.  We agree to defend, indemnify, and hold harmless you from any claims that the Services infringe any patent, copyright, trade secret, or other proprietary rights of a third party.  A party being indemnified by the other party reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a party hereunder, and in such event, the party providing the indemnification shall have no further obligation to provide indemnification for such matter.

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General

​The TOS constitutes the entire agreement between you and ChatterBoss concerning your use of ChatterBoss, superseding any prior agreements between you and ChatterBoss regarding ChatterBoss. If our TOS are materially changed we will immediately post a notification on this website. Your continued use of ChatterBoss will constitute your acceptance of any such changed TOS. The TOS and the relationship between you and ChatterBoss shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

All disputes, claims, or controversies arising out of or relating to the TOS shall be resolved by binding arbitration to be conducted under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the State of Delaware. You covenant not to sue ChatterBoss in any other forum. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim by you arising out of or related to the use of ChatterBoss or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of ChatterBoss to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.

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Restriction on Off-Platform Business Dealings

By using ChatterBoss, clients and assistants agree not to engage in any business dealings outside of the platform. Any attempt to do so is strictly prohibited and may result in the termination of the user's account. The company has the option to grant a buyout of the contract for $20,000 at its discretion. If client directly or indirectly engages in employment or services by assistant at any time during the term of service or within 2 years after its termination, without Company's prior written consent, Client shall pay Company a referral fee of $20,000. Company reserves the right to modify the fee amount without prior notice.