Terms of Service

Welcome to Chatly! We have framed these Terms of Service (which we simply refer to as "Terms") to make sure you are familiar with the rules governing our connection with you. Despite our efforts to reduce legal jargon in the Terms, there are still parts that might resemble a conventional contract. Please study them thoroughly. By availing the Services, you consent to the Terms. Naturally, if you are not in agreement with them, then avoid using the Services. The following Terms of Service describe your duties when making use of our mobile application (“App”) or Service (as defined here), or any of the information, text, graphics, videos, or other files, materials, data or content of any kind created or provided by or through the App or the Service or through your capacity to sell products on the App and produce User Contributed Content (as defined here). Kindly also peruse our Privacy Policy, which is a component of these Terms of Service and which details our methods for dealing with any personal information you might offer to us. Please read these Terms of Service carefully before using the App or the Service. By accessing the App or using any portion of the Service, you agree to be bound by these terms and conditions. If you do not consent to all these terms and conditions, then you may not access the App or utilize the Service. Nothing in this Agreement should be interpreted as granting any rights or benefits to third parties. ARBITRATION NOTE: WE WISH TO INFORM YOU IN ADVANCE THAT THESE TERMS ENCOMPASS AN ARBITRATION CLAUSE A LITTLE FURTHER BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Chatly AGREE THAT DISPUTES BETWEEN US WILL BE SOLVED THROUGH OBLIGATORY BINDING ARBITRATION, AND YOU AND Chatly FORFEIT ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1.Who Can Use the Services

Persons under 18 are prohibited from creating an account or making use of the Services. We might provide additional Services with supplementary conditions that might demand you to be of a greater age to employ them. Hence, please peruse all terms with caution. -You can establish a legally binding contract with Chatly; -You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are using the Services on behalf of a business or some other entity, you affirm that you are authorized to grant all licenses stipulated in these Terms and to consent to these Terms on behalf of the business or entity. If you are using the Services on behalf of an entity of the United States Government or Chinese Government, you concur with the Amendment to Chatly Terms of Service for the United States Government and Chinese Government Users. No one under 18 is allowed to create an account or utilize the Services. You hereby assure that you are at least 18 years of age. In the event that the information you furnish in this regard is inaccurate, Chatly will not be held accountable as it is unable to verify the age of its users. If you are under 18 years old, do not endeavor to register for the App or the Service. If you are under the age of 18, you may use the Service only with the consent of your parent or guardian. Additionally, you should review these terms with your parent or guardian to ensure that you and your parent or guardian comprehend and agree with these terms.

2.Rights We Grant You

Chatly grants you a personal, global, royalty-free, non-transferable, non-exclusive, revocable, and non-sub-licensable license to access and utilize the Services. This license is solely intended to enable you to make use of and enjoy the benefits of the Service in a manner consistent with these Terms and our usage policies. Any software we supply to you may automatically download and install enhancements, updates, or other new features. You might have the capability to control these automatic downloads through your device's settings. You are forbidden from copying, modifying, distributing, selling, or leasing any part of our Services. Additionally, you are not permitted to reverse engineer or attempt to extract the source code of that software, unless applicable laws prevent these restrictions or you have obtained our written approval to do so.

3.Rights You Confer on Us

A significant number of our Services enable you to create, upload, etc. content. You retain initial ownership, but grant us a license. The license extent varies. For all Services, you give Chatly a global, etc. license for specific purposes. For Local and crowd-sourced Services, the license is more extensive, including perpetual rights. You also grant rights to your name, likeness, etc. You won't be compensated. We may review and delete your content. You're responsible for it. The Services may have ads. You consent to ads. We welcome user communications. If you offer feedback/suggestions, we can use them without compensation.

4.The Content of Others

A significant quantity of the content on our Services is created by users, publishers, and other third parties. Whether such content is publicly posted or privately sent, it is the sole accountability of the person or organization that submitted it. Although Chatly reserves the right to review all the content that appears on the Services and to eliminate any content that violates these Terms, we do not necessarily review all of it. Therefore, we cannot – and do not – be held accountable for any content that others provide through the Services. Through these Terms, we make it evident that we do not desire the Services to be utilized inappropriately. But since we do not review all the content, we cannot guarantee that the content on the Services will always conform to our Terms. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content contributed by users or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us in this respect. You acknowledge that any reliance on User Contributed Content of any Chatly user will be at your own risk.

Privacy

Your privacy holds great significance for us. You can comprehend how we handle your information when you utilize our Services by reading our privacy policy. We encourage you to thoroughly study the privacy policy because, by using our Services, you consent that Chatly can collect, use, and transfer your information in accordance with that policy.

6.Respecting the Rights of Others

Chatly respects others' rights, and so should you. Don't upload, etc. content that infringes rights, bullies, etc., is unsuitable or illegal, introduces harmful code, traces info, hacks, uses unauthorized means, etc. Respect Chatly's rights. These Terms don't give you rights to use materials, copy, etc. except as stipulated. Don't use Services or content for unpermitted commercial purposes. We reserve the right to remove or refuse content that violates. We also reserve the right to access, etc. info as needed. We're not liable for exercising or not exercising this right. You may be exposed to offensive, etc. content. We're not liable for any content or communications.

7.Respecting Copyright

You agree to only upload, post, submit or otherwise convey User Contributed Content: (i) which you have the legal right to use, copy, distribute, transmit, or display; and (ii) that does not violate the intellectual property rights or infringe upon the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Chatly respects the legal rights of others and requests that its users do the same. Chatly complies with the requirements stipulated in the Digital Millennium Copyright Act. Therefore, we take reasonable actions to promptly remove from our Services any infringing material of which we become aware. And if Chatly becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our ability to terminate the user's account. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes on a copyright that you own or control, please fill out this form. Or you may submit a notice to us at: support@Chatly.world Include the physical or electronic signature of a person authorized to act on behalf of the copyright owner; Identify the copyrighted work claimed to have been infringed; Identify the material that is alleged to be infringing or the subject of infringing activity and that is to be removed, or access to which is to be disabled, and provide information reasonably sufficient to enable us to locate the material; Provide your contact information, including your address, telephone number, and an email address; Provide a personal statement indicating that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and Provide a statement affirming that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Safety

We make vigorous efforts to maintain our Services as a safe environment for all users. Nevertheless, we cannot guarantee it. Here is where your responsibility lies. By using the Services, you agree that: You will not use the Services for any purpose that is illegal or prohibited by these Terms. You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent. You will not utilize the Services in a way that could interfere with, disrupt, adversely affect, or prevent other users from fully enjoying the Services, or that could harm, disable, overload, or impair the functioning of the Services. You will not use or attempt to use another user's account, username, or password without their permission. You will not solicit login credentials from another user. You will not post content containing pornography, graphic violence, threats, hate speech, guns or other weapons, or incitements to violence. You will not upload viruses or other malicious code or otherwise compromise the security of the Services. You will not attempt to bypass any content-filtering techniques we use, or try to access areas or features of the Services that you are not authorized to access. You will not probe, scan, or test the vulnerability of our Services or any system or network. You will not encourage or promote any activity that violates these Terms. We have the right to investigate and prosecute violations of any of the above, including infringement of intellectual property rights and App security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Chatly users who violate these Terms of Service. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operational purposes, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We also care about your safety when using our Services. Therefore, do not use our services in a manner that would distract you from obeying traffic or safety laws. And never put yourself or others at risk.

9.Account

You are responsible for any activity that occurs in your account. Therefore, it is extremely important that you keep your account secure. One way to achieve this is to select a strong password that you do not use for any other account. By using the Services, you agree that, in addition to using common sense: You will not create more than one account for yourself. You will not create another account if we have already disabled your account, unless you have our written consent to do so. You will not buy, sell, rent, or lease access to your Chatly account without our written permission. You will not share your password. You will not log in or attempt to access the Services through unauthorized third-party applications or clients. If you believe that someone has accessed your account, please contact Chatly Support immediately at support@Chatly.world

10.Purchases and Payments

We may provide various friendship-making Services that you can purchase and utilize through the Services. You do not own these Services; rather, you purchase an adequate number of app gems to use them. Before you finalize a purchase, you will always be shown the price for the Services. However, Chatly does not handle payments or payment processing for any purchases; these are managed by third-party payment providers or service providers (such as Apple's iOS Store and Google's Google Play Store, among others). Some third-party service providers might charge you sales tax, depending on your location. Please review the relevant terms of the third-party service provider for detailed information. Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins as soon as you click buy and we provide you with immediate access to your purchase, you waive any right you might have under EU or other local law to cancel your purchase once it is completed or to obtain a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT Chatly IS NOT OBLIGED TO PROVIDE A REFUND FOR ANY REASON. Some of the Virtual Products we offer are for single use only, while others are for repeated use. But please note that "repeated" does not mean "forever". We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will not be liable to you or any third party if we do so. If we suspend or terminate your account, you will lose any products you purchased through the services. If your Chatly account remains inactive for 3 consecutive months, all of your free virtual Coins may be frozen. To unfreeze such virtual Coins, you must email us and request that we unfreeze your free virtual Coins. Upon receiving your request and reviewing your information, we will unfreeze your free virtual Coins as soon as possible. You agree that we have the absolute right to manage, distribute, regulate, control, modify, or eliminate Coins as we deem appropriate at our sole discretion, and that we will have no liability for exercising such right. You agree that under no circumstances are we liable to you for any damages or claims that might arise from the loss or use of your Coins regardless of the circumstances. It is your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain the consent of your parent or guardian before making any purchases. Chatly does not transfer any funds and is not a money-services business. To the extent such functionality is available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, it is subject to that third party's separate Terms of Service. Chatly offers in-app purchases ("IAP") through iTunes, Google Play or other application platforms authorized by Chatly. If you choose to make an IAP, you will be prompted to enter details for your account with your application platform, and your application platform account (e.g. iTunes Account) will be charged for the IAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for IAP that apply to your application platform account. Some application platforms may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription IAP, your application platform account will continue to be billed for the subscription until you cancel the IAP. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you can do so within the Chatly app or log in to your application platform account and follow the instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Chatly application from your device. If you cancel your subscription, you may use your subscription until the end of your then

11.Coins

Chatly may offer you the chance to earn and use Chatly's in-app virtual currency ("Coins") for certain activities within the Services. Coins are not real money, have no monetary value, and can't be exchanged outside the Services without consent. They are granted under a limited license for use within the Services only. Coins can't be transferred or resold. If your account is terminated or suspended, or if the service is unavailable, all Coins are forfeited. Free or promotional Coins may expire. We're not liable for lost Coins due to hacking or your violations. We reserve the right to limit or refuse Coins. The price and availability of Coins are at our discretion and can change. If your account is inactive for 3 months, free Coins may be frozen but can be unfrozen upon request. We'll refund lost Coins due to technical issues if verified. Redemption opportunities are at our discretion. All Coin acquisitions and redemptions are final and can't be refunded or returned except at our sole discretion.

12.Subscription

If you choose to purchase a Chatly subscription item - Host Card by month, the payment will be debited from your iTunes account. Your account will be charged for renewal within 24 hours before the end of the current period. You can disable auto-renewal at any time by going to Settings in the iTunes Store after making the purchase. The Host Card subscription begins at $9.99 USD per month. Prices might differ in countries other than the U.S. and are subject to change without notice at any time. Cancellation of the currently purchased subscription is not allowed once the subscription is activated. If you do not wish to commence your Host Card subscription, you can still freely enjoy Chatly.

13.Mobile and Data Expenses

You are accountable for any mobile charges that might arise during your use of our Services, encompassing text-messaging and data fees. If you are uncertain about the nature and extent of these charges, it is advisable to consult your service provider prior to using the Services.

14.Third-Party Offerings

If you make use of a service, feature, or functionality that is operated by a third party and made accessible through our Services (including those we jointly offer with the third party), the terms of each party will govern their respective relationship with you. Chatly bears no responsibility or liability for the terms of those third parties or the actions they take in accordance with their terms.

15.Service Alterations and Termination

We are consistently enhancing our Services and creating new ones. This implies that we might introduce or remove features, products, or functionalities, and we could even suspend or altogether halt the Services. We can take any of these actions at any time, and in such cases, we may not provide you with prior notice. Chatly may also terminate these terms with you at any point, for any reason, and without prior notification. This indicates that we might cease providing you with any services, or impose new or additional restrictions on your ability to utilize the Services. For instance, we might deactivate your account due to prolonged inactivity or inappropriate behavior, and we may reclaim your username at any time for any cause. Both you and Chatly remain bound by Sections 3, 6, 10, 13-21 of the Terms.

16.Indemnification

To the extent allowed by applicable law, you consent to safeguard, defend, and exonerate Chatly, our directors, officers, employees, and affiliates from and against all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) that stem from, result from, or are related in any manner to: (a) your access to or utilization of the Services; (b) your content; and (c) your violation of these Terms.

17.Disclaimers

We strive to maintain the services' functionality and avoid issues. However, we make no guarantees of achieving this. THE SERVICES ARE PROVIDED IN THEIR CURRENT STATE AND AVAILABLE BASIS, AND, TO THE EXTENT ALLOWED BY RELEVANT LAW, WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, TITLE, AND NON-INFRINGEMENT. Additionally, although Chatly aims to offer a positive user experience, we do not assert or guarantee that: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS OPERATE WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) ANY Chatly CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN VIA OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. Chatly bears no responsibility and incurs no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You comprehend and consent that you might be exposed to content that could be offensive, illegal, misleading, or otherwise inappropriate, for which Chatly will not be held accountable.

18.Limitation of Liability

To the maximum extent permitted by law, Chatly and our managing members, shareholders, employees, affiliates, licensors, and suppliers shall not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether directly or indirectly sustained, or any loss of data, usage, goodwill, or other intangible losses resulting from: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE BEHAVIOR OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, even if Chatly has been informed of the possibility of such damages. In no instance shall Chatly's total liability for all claims related to the Services exceed the greater of $100 USD or the amount you paid Chatly, if any, in the past 12 months. Some legal jurisdictions do not permit the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section might not apply to you.

19.Arbitration, Class Waiver, and Jury Waiver

Please read this section carefully as it requires you to resolve disputes with Chatly through arbitration and limits your ways to seek compensation.

Applicability. All disputes arising from or related to these Terms or the use of the Services, except for certain copyright issues, will be handled through individual compulsory arbitration if not resolvable in a small claims court.

Arbitration Rules. This provision is governed by the United States Arbitration Law and will start through the USIETAC. If it's unable, another forum will be chosen. The forum's rules apply, except where they conflict.

Non-appearance Rules. If non-appearance arbitration is chosen, it can be by phone, online, or written submissions. No in-person appearance unless both parties agree.

Arbitrator's Authority. The arbitrator decides jurisdiction, rights, and obligations. The dispute is separate. The arbitrator can grant motions and remedies. A written award and decision will be provided. The arbitrator has similar powers to a judge. The award is final and binding.

Class Waiver. All claims must be arbitrated or litigated individually, not as a class. Claims from multiple customers/users cannot be combined. If this waiver is invalid, no arbitration is allowed.

Confidentiality. Proceedings and evidence are confidential. But a party can submit information to enforce the agreement or seek relief.

Waiver Rights. Any rights and limitations can be waived by the opposing party. Such a waiver doesn't affect the rest.

Opt-out. You can withdraw within 30 days of being subject. Notify in writing with specific details.

Small Claims Court. Either party can file in a small claims court.

Survival. The arbitration agreement remains after the relationship ends.

20.Choice of Law

Except to the extent overridden by the laws of the United States, disregarding its conflict-of-laws principles, these Terms and any disputes arising from or related to these Terms or their subject matter, including tort claims, are governed by such laws.

21.Severability

If any provision of these Terms is found to be unenforceable, then that provision will be separated from these Terms and will not affect the validity and enforceability of the remaining provisions.

22.Additional Terms for Specific Services

Due to the wide range of our services, sometimes we need to formulate additional terms and conditions for specific ones. Those additional terms and conditions, which will be available along with the relevant Services, then become part of your agreement with us if you use those Services.

23.Final Terms

These Terms constitute the entire agreement between you and Chatly and supersede any prior agreements. These Terms do not create or grant any rights to third-party beneficiaries. If we do not enforce a clause in these Terms, it should not be considered a waiver. We reserve all rights not expressly granted to you. You are not permitted to transfer any of your rights or obligations under these Terms without our consent. These Terms were drafted in English and if the translated version of these Terms contradicts the English version, the English version shall take precedence.

Contact Us

Chatly welcomes comments, questions, concerns, or suggestions. Please send your feedback to us by visiting https://Chatly.world