Welcome to Chatti ("we", "us" or " our"). We aim to create new ways for people to express their emotions through the camera.
These Terms of Use (these "Terms") apply to all users and others who download, install, register with, access or use (" Use" and "Users", "you", as applicable) our mobile application Chatti ("Chatti" or "application").
By downloading Chatti, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15 (Dispute Resolution; Binding Arbitration), do not Use Chatti.
If you have any questions about these Terms or Chatti, please contact us at peter@beulr.com
You may be able to make in-App purchases, in which case the fee is collected via Apple (for iOS) and Google (for Android) (our “Billing Service Providers”). We may also offer subscriptions, which can also be paid for via Apple and Google. Information about paid Services is here and here. You will be required to provide the Company and/or its Billing Service Providers with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your subscription plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed. You can terminate your use of the Service and otherwise manage your account using the App. We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount. Certain subscription offerings may include a free trial prior to charging your payment method. If you decide to unsubscribe from such a subscription before the Company starts charging your payment method, you must cancel the subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the subscription period. If you properly terminate your paid subscription, you will not be charged for future months (or other periods, as stated in the subscription terms). However, you will not receive a refund for an unused portion of a month (or other period) for which you have already paid. No refunds are offered for any products or services offered via the App. YOU ACKNOWLEDGE THAT IF YOU ELECT TO PURCHASE A SUBSCRIPTION YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES (INCLUDING OUR FEES AND CREDIT CARD HANDLING FEES) HAVE BEEN INCREASED.
General age limitation . You must be at least 13 years of age to Use Chatti. If you are under 18 years of age (or the age of legal majority where you live), you may only Use Chatti under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with Chatti. If you are Using Chatti on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
Age limitation for the European Economic Area ("EEA") residents . Due to requirements of the General Data Protection Regulation (" GDPR") you shall be at least 16 years old in order to Use Chatti. To the extent prohibited by applicable law, we do not allow Use of Chatti by the EEA residents younger than 16 years old. If you are aware of anyone younger than 16 using Chatti, please contact us at peter@beulr.com and we will take reasonable steps to delete such User account of such person and preclude such person from re-registering with Chatti.
You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from Using Chatti. You further agree to Use Chatti in compliance with all applicable laws. Chatti is not available to any Users previously prohibited from Using it.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you when you Use Chatti.
Chatti may allow you and other Users to create, store and share content. Except for the Company License you grant us below, you retain all rights in and to your User Content, as between you and us. Further, we do not claim ownership of any User Content that you post on or through Chatti.
You grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you (the "Company License").
You grant us consent to use the User Content, regardless of whether it includes an individual's name, likeness, voice or persona, sufficient to indicate the individual's identity. By Using Chatti, you agree that your User Content may be used for commercial purposes. You further acknowledge that our use of your User Content for commercial purposes will not result in any injury to you or to any person you authorized to act on your behalf. You acknowledge that Chatti is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertisements and promotions on Chatti or in conjunction with your User Content. The manner, mode and extent of such advertisements and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid stablevpnapps, sponsored content, or commercial communications as such.
You represent and warrant that: (i) you own the User Content stylized by you on or through Chatti or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you stylize on or through Chatti; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You may not create, post, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. Although we have no obligation to screen, edit or monitor the User Content, we may delete or remove the User Content at any time and for any reason.
The User Content removed from Chatti may continue to be stored by us, including, without limitation, in order to comply with our certain legal obligations. Chatti is not a backup stablevpnapp and you agree that you will not rely on Chatti for the purposes of the User Content backup or storage. We will not be liable to you for any modification, suspension or discontinuation of Chatti, or the loss of any User Content.
You will not violate any applicable contract, intellectual property law or any other applicable law or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while Using Chatti. You represent, warrant and agree that you will not Use Chatti by uploading the User Content or otherwise, or encourage or assist any other party to Use Chatti to:
You may also only post or otherwise share the User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
We reserve the right, in our discretion and at any time, to remove any User Content from Chatti or suspend or discontinue Chatti, introduce new features or impose limitations on certain features, or restrict access to Chatti.
Chatti and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, stablevpnapp marks, logos, slogans, filters and other content contained therein (collectively, "Chatti Content") are owned by us or licensed to us. Except as explicitly stated in these Terms, we and our licensors reserve all rights in and to Chatti and the Chatti Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to Use Chatti and the Chatti Content for your own personal use ("User License"); however, such User License is subject to these Terms and does not include any right to: (i) sell, resell or commercially use Chatti or the Chatti Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the Chatti Content, except as expressly permitted by us or our licensors; (iii) modify the Chatti Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Chatti or the Chatti Content, except as expressly set forth in these Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) Use Chatti or the Chatti Content other than as expressly provided in these Terms. Any Use of Chatti or the Chatti Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms. You will not remove, alter or conceal any copyright, trademark, stablevpnapp mark or other proprietary rights notices incorporated in or accompanying the Chatti Content.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or Chatti (collectively, " Feedback"), is non-confidential and will become our sole property. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, " Company Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (i) your Use of Chatti; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (v) your conduct in connection with Chatti. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to Chatti.
Your Use of Chatti is at your sole risk. Chatti is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Chatti is accurate, complete, reliable, current or error-free. While we attempt to make your access to and use of Chatti is safe, we cannot and do not represent or warrant that Chatti or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Chatti.
The Company and the other Company Parties will not be liable to you under any theory of liability - whether based in contract, tort, negligence, strict liability, warranty, or otherwise - for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or Chatti, regardless of the form of the action, is limited to the amount paid, if any, by you to Use Chatti.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties.
Transfer and storage of information about you, whilst you Use Chatti, is governed by our Privacy Policy.
Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or Chatti resolved in court.
You and the Company agree that any dispute arising out of or related to these Terms or Chatti is personal to you and the Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. 1, et seq. ("FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR Chatti MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to Chatti and update the "Effective date" above. We may also attempt to notify you by sending an email notification to the address associated with your account, if any, or providing notice through Chatti. Unless we say otherwise in our notice, the amended terms will be effective immediately and your continued Use of Chatti after we provide notice will confirm your acceptance of those changes. If you do not agree to the amended terms, you must stop Using Chatti.
By Using Chatti, you also consent to receive electronic communications from us (e.g., via email or by posting notices on Chatti). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to that such communications shall be in writing.
We reserve the right, without notice and in our sole discretion, to terminate your right to Use Chatti. We are not responsible for any loss or harm related to your inability to Use Chatti.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The following terms apply if you Use Chatti on any device that contains the iOS mobile operating system ("App") developed by Apple Inc. ("Apple").
These Terms constitute the entire agreement between you and us relating to your Use of Chatti. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The Section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity.
We do not proactively monitor the Content you Upload to our Services. You are responsible for the Files you Upload and generate using our Services. We may be required to take action if we find that the Content you Upload or generated violates the law or these terms.
As a user of our Services, you agree not to use our Services to: violate any national or international law violate the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, including Generating Content that discriminates against people based on their race, color, national or ethnic origin, religion, age, sex, gender, sexual orientation and/or preference, or physical handicap violate the rights of others, including but not limited to infringing Copyright, right of publicity, right of likeness, and/or any other Intellectual Property Rights, or to defame a third party or cast a third party in false light fraudulently impersonate other people or companies exploit or harm minors harass or threaten any person or to promote violence against a specific person or class of people trick or mislead us or other users, especially in an attempt to learn sensitive account information, for example user passwords disable, interfere with or circumvent security-related features of our Services interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to ours engage in any automated use of the systems (except of our Public API), for example by using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools copy our Services’ software, including all code reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law) sell or transfer your profile harass, annoy, intimidate, or threaten any of our employees engaged in providing our Services or assistance to you make improper use of our support Services or submit false reports of abuse or misconduct harm us or our Services in any way.