CallMeChat Terms of Use

Effective date: Nov 22, 2022

These Terms of Use (the "Agreement", “Terms”) is a binding contract between LTD, HE 427842, Pavlou Nirvana, 4 ALPHA TOWER, 1st floor, Flat/Office 13 3021, Limassol, Cyprus ("we", the “Company”) and you ("you", the “user”) as a user of the https://callmechat.com (the “Website”). The Terms describe the various aspects that affect the use of the Website, its applications and the widgets found on the various third-party sites (collectively — the "Application"). The Agreement sets up your relationship with the Company and sets out the general terms and conditions for communication between users of the Application (the "users").

Once you use any part or element of the Application, you are deemed to have agreed with the Terms and bonded by the Agreement as of the Effective date. In case you do not agree with any condition of the Agreement, immediately close the Application and stop any use of it. Whether you have any questions regarding the Agreement after you have read it properly, contact us at [email protected].

1. Legal nature of the Agreement

1.1. The Agreement is a legal binding contract between the Company and you. Our Company (licensor) grant you (the licensee) the right to use the functions of the Application as well as its software interface so that in the process of your communications there is an opportunity to share and reproduce data that you and other users have published in the Application. The Agreement is concluded for the entire duration of the Application use of the user.

1.2. The Terms do not grant you the rights to sublicense any part, element or portion of the Application. You are not entitled to transfer your rights hereunder to any third parties. If you entered into the Agreement, you may act only as a natural person. You may and must not register an account within the Application when being a legal entity; thus, no legal entity may be a party to the Agreement.

1.3. You must not purchase, sublicense, grant, gift or otherwise alienate your rights hereunder in whole or in part and receive any rights to the Application in whole or in part from other users as a reward, payment, remuneration, settlement, salary or another fee.

1.4. The Privacy Policy and the Website Chat Rules, as well as other documents which rule the terms of use of the Application and set out how to deal with the Company and users, are integral components of the Agreement. Where the user is deemed to accept the Terms, they are also deemed to accept all integral components hereto. If there is any conflict between the Terms and their integral components, provisions of the Terms shall apply.

2. Registration in the Application. Types of the Accounts

2.1. You have the right to use the Application when you comply with the following terms at the same time:

you are fully mentally capable;
you are not under the influence of alcohol, drugs or pills;
you are over 18 years old and have reached the age of majority established in a country of your residence.

2.2. The Company is entitled to establish any ancillary requirements for users (location, age, etc.).

2.3. When you fill out and send the Application form, you create a personal account. The Application allow to create two types of accounts: for women members (a "Woman") and men members (a "Man"). You have no rights to register one more than one (1) account or mislead other users by registration as a Women while being a Man and vice versa when the user does not identify themselves so.

2.4. During signing up with the Website, the system automatically takes a User's photo. The user has the right to change and configure the Account Photo at any time, using their account on the Application. It is strictly prohibited to use photos of other people or any other objects as your Account Photo. Accordingly, such an Account Photo will be perceived as misleading and may be deleted be the Company.

2.5. The company is entitled to reject your registration or terminate your account where:

you are trying to present yourself as another person;
a name or image you use with your account is an object of third-party rights;
a name includes any links or advertisement;
a name indicates you as a minor;
a name encourages an action prohibited by the Agreement;
an image or name of obscene or may hurt the users.

2.6. We have the right to request any of your details that we may need to verify your identity. If you refuse to give us such data, we will terminate the Agreement into restricting you from using of the Application.

2.7. The users must provide their contact information when registering and may be required to provide their passport information in compliance with paragraph 6.6 hereof. If a passport details have changed, the user must contact the Company within a week after the day of change. Otherwise the Company is entitled to terminate the Woman's account.

2.8. When registering, you must create a password and specific account information those allows you access the Application. You shall keep your password and account details confidential. You also understand that you solely bear responsibility for the security of the device you use to access the Application.

3. User-Generated Content. How to Communicate with Other Users and Deal with the Application

3.1. Communication between the users within the Application is performed by video and text chatting. The users may upload texts, videos and other allowed content to their accounts. All videos, texts, and other data that you upload to or stream on the Application we call as the “Content”, “user-generated content”, “Materials”, or “User’s Materials”.

3.1.1. We are not owners, rightsholders, moderators or other type of operators of the Content, so we have no control over the Content and make no promises of high quality, accuracy, appropriateness or legality of them. As to avoid any doubts, the Company makes no warranties, express or implied, as to the Content or its the accuracy and reliability. Nonetheless, the Company reserves the right to prevent the user from submitting the Content and to edit, restrict or remove the user-generated content for any reason at any time.

3.1.2. We may but not obligated to filter, monitor or moderate the User’s Materials since it is out of the Company's responsibility. The Company assumes no responsibility whatsoever in connection with or arising from the Content.

3.1.3. We are entitled in our sole discretion to monitor the Content at any time. The Company retains the exclusive and unrestricted right to modify or remove any Content that is non-compliant with any of the Company's policies or any applicable law. The Company nonetheless assumes no responsibility for the Content, and the conduct of the user submitting such Content.

3.1.4. If that content is deemed illegal (this includes any Material that does not comply with actual Terms or any laws), the Company is entitled to provide all necessary information to relevant authorities. Other suspected criminal activity of the users may also be reported immediately to relevant authorities.

3.2. The Application is a platform where the users can communicate. Such the communication is available through texting, interchange of video and audio messages, communion in video and text chats. The Company does not provide the users with any services or guarantees concerning the confidentiality, quality and functionality of the Application, get involved as an intermediary into the users’ communication, nor moderate any content the user may share with other users in a private conversation, as long as they comport with the Terms and no user claim for another user’s actions or content.

3.3. It is forbidden to use the Application for anything not related to the communication, for instance, for accumulating information about the users, publishing advertisements or other commercial data, etc. When communicating, your behavior shall not be dangerous, illegal, abusive and shall comply with the Website Chat Rules. They contain a list of actions that are prohibited by the Company. By communicating through the Application, you agree to follow the Website Chat Rules which are an integral part hereof.

3.4. It is prohibited to use the Application to offend, injure, defame or insult another person whether they are the users or not. You agree to indemnify the Company for all expenses that will be incurred in the essence of a claim against Company.

3.5. Where the Company founds out the user co violate the Agreement, the Company has every reason to temporarily or permanently block the user or/and immediately terminate the Agreement. The Company solely sets out the term of the temporary blockage.

3.6. Without dwelling on this, we have the special right to exclude any Material that violates the actual Agreement or is otherwise unacceptable for the Company.

3.7. You agree not to use the Application to make available in any way or otherwise provide access to the Content that:

violates any local, state, federal, or international laws;
infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
harms, threatens (including, for example, blackmailing), defames, promotes racism, bigotry, hatred, violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable and/or unlawful;
pursues or justifies the persecution of another person or an invasion of privacy;
provides the false and misleading information or promotes obscene, threatening, defamatory or indecent behavior;
promotes illegal or unauthorized copies of content created by other person and protected by copyright, namely, provides pirated computer software or links to it, as well as information on how to hack the devices for copy protection established by the manufacturer, or provides pirated media content or links to files with such media content;
otherwise links directly or indirectly to any materials to which you do not have a right to link;
demonstrates or advocates for a pornographic or sexual, commercial and noncommercial content;
demonstrates the content of a sexual or violent exploitation of persons under 18 years or requests any personal information of such persons, human trafficking or other non-consensual sexual acts;
demonstrates any engagement, promotion, or facilitation of prostitution, human trafficking or sex trafficking, involves or supports prostitution, human trafficking, or any related illegal activities;
contains foul words, profanity, false information about sex, information about incest, rape, necrophilia, as well as any personal data of another registered user and threat of suicide or harm oneself or others, promiscuity;
provides instructional information on illegal activities such as manufacturing or buying illegal weapons, drugs, invading someone's privacy, etc.;
requests passwords or any personal information from other users for commercial and/or unlawful purposes;
distributes advertisements in chat rooms and private text messages;
involves any unauthorized commercial activities, including contests, sweepstakes, exchange, advertising and pyramid schemes;
contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and bank card numbers;
contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from the Application;
contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
in the sole judgment of the Company is objectionable or restricts or inhibits any other person from using or enjoying our Application, or which may expose the Company, our affiliates, or our users to any harm or liability of any type.

3.8. You also consent to:

not to use software or any device to harm the Application, attempt to hack the application, ego normal operation;
not to commit any fraudulent or other unlawful acts in connection with the use of the Application or any other matters that we or any other user may deem to be non-public in connection with this Agreement, including spamming, link publishing, unauthorized API investment, etc.;
not intend to take any actions or omissions which may result in an overwhelming load on our servers. In case you find out that a person is preparing for a cyber-attack on the Application, you agree to immediately inform the Company about this incident;
not to work with advertising and not to make other users to buy or sell any services or items of yours or any third parties;
use the available parental control tools (software for blocking and filtering specific applications and resources) in order to exclude the minors’ access to the Application;
not to allow minors to use the Application and you will not allow minors to communicate through the Application or do other things that may be done through the Application;
not to be naked or half-naked in front of the camera, expose your genitals to other users, send to other users any video/audio/textual content of pornographic/vulgar meaning.

3.9. If another user appears before you naked or half-naked on camera, or sends you any type of nudity or any pornographic material, you shall:

not permit persons who are under the age of majority to access any of these contents in any way;
immediately inform us of this incident by clicking on the reporting button and stop to communicate with this user.

3.10. You confirm and promise the following:

you will never use the Application in countries, regions, or places where such activities are considered an offense, a violation of any law, regulation, resolution, or tradition;
you must not record in any way any communication with the users;
you will not copy or use in any other way the User’s Content of other users.
you must obtain and keep on record written consent from all persons depicted in the User’s Content with regard to: (a) consent to be depicted in the User’s Content; (b) consent to public distribution of the User’s Content and to upload the User’s Content to any third-party website; (c) consent to have the User’s Content downloaded (if the User’s Content will be made available for downloading by other users).

3.11. Please pay special attention to the fact that we do not moderate communication between our users in a private chat. You understand that other users may exhibit specific types of offensive and indecent behavior, including showing their genitals on camera. You shall stop to use the Application immediately if you think such behavior could lead to any mental or nervous disorders or disrespect for your religious understanding. If you decide to continue using of the Application, you agree to bear all possible risks and responsibilities associated with interacting with other users.

4. General Provisions

4.1. You conduct communications in the Application as the competent adult user. You must decide whether to communicate or not with another user. You are responsible for your actions, statements, content and messages by using the Application.

4.2. By registering on the Application, you represent that such communication is not prohibited by the laws of your city or country of residence, and if such communication or its types are prohibited, you are obliged to stop to use the Application so not to violate any legal terms applicable to you. If you are in doubt or do not know what kind of behavior is restricted or prohibited in your city or country, you should request your local lawyer for an advice.

4.3. You warrant that your communication does not violate the Terms, rules of morality and decency in your city or country. All results of disobedience to such norms to be settled by you.

4.4. The fact that you can communicate in the Application, including on paid basis, does not transform you into our employee, agent, partner or other member of the Company. You solely direct your actions within the Application and are responsible for them on your own. The Website Chat Rules not to be perceived as instruction for you.

4.5. The Company is not responsible for the quality of the User’s Materials, and for the behavior and actions of the users during communication. You can request a trial version of the Application, which allows you to evaluate it before being charged for use of it.

4.6. The company provides you with possibility to communicate within the Application only and you are not considered to be a consumer of any other services in the understanding of your local consumer protection legislation.

4.7. In the Application you may come across visual, textual, and any other sexual or any other prohibited information if the user violates the Terms albeit they must not. If you think that any content may harm your nervous, or mental system or disrespect your religious beliefs, stop using the Application immediately and report us about any violations you have found.

4.8. We do not moderate the User’s Materials until any user report us about violation. We are not responsible for the opinions and ideas expressed by the users during communication. They cannot be counted as opinions of the Company or our employees. None of the users have any reason to speak on behalf of the Company. Any address on various web pages, applications, and programs in the Application do not mean that we recommend and offer these services, programs, or applications.

4.9. The user hereby releases and agrees to defend, hold harmless, and indemnify the Company, and/or our subsidiaries, affiliates, directors, officers, employees, agents, successors, partners and assigns from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense and any other liability (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification), arising from or related to: (a) any act or omission of the user, including, without limitation any breach of the Agreement, including or allegation or claim of negligence, strict liability, willful misconduct or fraud of the user; or (b) the user-generated content.

5. Monitoring of the Terms Fulfilment

5.1. In order to monitor the fulfilment of the Agreement, the Company may record the process of communication, including, save communication logs, record audio, take pictures of video broadcasts. The Company shall not use this data for illegal purposes. The Company can, but should not give you copies of these recordings.

5.2. The Company may use automatic identification of persons in the broadcasts and block accounts, through which strangers or unregistered users communicate.

5.3. Users should promptly report any suspicious or unlawful activities to our support team via [email protected]. Users are required to adhere to all relevant laws and regulations governing online behavior, including those concerning prostitution, human trafficking, and sex trafficking. Any breaches may lead to legal consequences. We commit to informing and actively collaborating with law enforcement and pertinent agencies in probing and pursuing legal action against any illicit activities linked to prostitution and human trafficking.

6. Paid Services of the Application. Billing Terms. Refund

6.1. The Application is being distributed on a paid basis as well as the user’s communication in the Application is carried out for a fee. Please find out more details on types of services we offer and a way to pay them in our Billing Policy available at https://callmechat.com/billing-policy.

6.2. The price of the internal digital features and communication are to be set by the Application algorithms and displayed within the Application. The Company receives a commission. This commission states the fee that the users pay for using of the Application functions.

6.3. We have the right (but not an obligation) to reward the users who actively use the Application with free minutes and other discounts/in-app features as part of different bonus programs.

6.4. Where the Company is confident about the user’s high participation in the Application of the user who broadcasts or streams their videos or communicates with other users on a large scale, the Company reserves the right (but has no obligation) to reward efforts of such the user. While considering about a reward, we may count (a) your streams’ duration and average length of each chatting session, (b) a number of the users you communicate with, (c) a mean the other user communicate with you, (d) cases where the users report to your content, and (e) any other criteria we can find important.

6.4.1. This reward is not our present or any type of donation, but a payment for your services of the users’ involvement into the Application. An amount and criteria of such payment to be solely determined by us in each separate case and displayed to you on your account within the Website.

6.4.2. If we consider to reward you, we may request your verification and your payment details. If you fail with verification or you do not provide us with requested information within 10 calendar days following the date of request, you lose your right for remuneration. You also lose such your right if you violate any condition of the Agreement, applicable law or delete your account.

6.4.3. None of the foregoing shall be interpreted as: (a) our obligation to pay you any fees on a regular basis; and (b) our obligation to pay you any funds where we do not directly notify you about that; and (c) you right to determine either size or any means of a reward as well as request the payment due to any of your further activity in the Application.

6.4.4. In order to avoid any doubts, the Company does not request you for the provision of the services in advance. The Company merely estimate your activity in the Application as set out above, and the number of the users are being attracted to the Website with your communication and consider whether you deserve a reward or not. In no event, the Company shall be perceived as an entity that request you to take, record, produce, stream, broadcast, or create in any other way any content.

6.5. All the Payments made by the user are generally non-refundable unless otherwise stipulated by applicable law or agreed on by the Company. Please find out more details on our refund approaches in our Refund Policy available at https://callmechat.com/refund-policy.

7. IP Rights

7.1. All files that can be accessed via the Application, including design components, images, text, video, illustrations, music, software, the coins and presents, and other files and their assemblies, which constitute the user interface (jointly — the “app content”), are the objects of IP rights of the Company and are being distributed by us under license in order to improve your user experience. We are a sole proprietor of such intellectual property and intellectual property rights to the app content.

7.1.1. By registering an account, requesting a trial access to the Application and/or purchasing a subscription, the user acquires a limited, revocable, non-transferable and non-sublicensable worldwide license to access and use the app content (except for the coins and presents) in order to use the Application ‘as is’ and ‘as available’ without any right to use the app content in any other way.

7.1.2. By purchasing coins, the user acquires a limited, revocable, non-transferable and non-sublicensable worldwide license to access and use the coins as a part of the Website in order to interact with unique elements of the user interface (the “present” images) and to communicate with other users in a more effective way. Any other use of the coins and presents is strictly prohibited.

7.1.3. The right to use the app content granted for personal non-commercial use only within the Application.

7.1.4. The Company is entitled to terminate or strike off a license and immediately restrict the app content to be used for any or no reason, in its sole discretion, and without advance notice or liability.

7.1.5. When your account is deleted (whether by you or by us), blocked or you do not use the Application for more than 6 months (or than a term of your license, plus 1 month), you will be deprived of the license. You have no right to request any reimbursement for the period when you do not use the Application or the app content.

7.2. But excluding such cases that have committed these Terms, and any other relevant laws, no the app content shall be published, republished, distributed, downloaded, processed, transferred, sold or downloaded or otherwise used in part or in full without the permission of us.

7.2.1. The reproduction, accumulation, copying, storage, systematization as well as the transfer of the app content for making the database for commercial and/or non-commercial purposes and/or use of the app content in part or whole regardless of the method of use is not allowed without the Company's consent.

7.2.2. The Company prohibit any use of the Application and the app content for the purposes to create derivative works, compilation and decompilation constructions, parse on the parts or reconstruction of the Application.

7.2.3. In order to avoid any doubts, the user shall not:

modify, disassemble, decompile or reverse engineer the Application or any technology made available in connection with the Application, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver;
rent, lease, loan, resell, sublicense, distribute or otherwise transfer rights to or in the Application to any third party or use the Application to provide time sharing or similar services for any third party;
make any copies of the Application in any way;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application;
create extensions of, products related to, or that interoperate with, the Application, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver; or
delete the copyright and other proprietary rights notices on the Website.

7.3. By creating and publishing the Content, the user consents with the following.

7.3.1. The Company is not a producer or director of the Content as well as has not requested any of the Content creation or publishing. The user bears individual responsibility for the Content or other information that they create and/or publish.

7.3.2. They are solely responsible for the Content and the consequences of posting or publishing it. In connection with the Content, you represent and warrant that:

you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize us and other users to use, all intellectual property and any other proprietary rights in and to any and the Content to enable inclusion and use of the the Content in the manner set out hereunder; and
you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the the Content. As to avoid any doubts, you shall retain all ownership rights in the Content.

7.3.3. The user grants other users a non-exclusive right to use the Content in the framework of the functional provided by the Application by viewing, reproducing (including copying) and other rights exclusively for the purpose of personal non-commercial use, except where such use infringes or may infringe the right owner’s interests protected by law. The Content granted for personal non-commercial use only within the Application.

7.3.4. The user grants the Company as well as warrant that the user has the right to grant the Company an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce in the Application, distribute, publicly display, prepare derivative works of, incorporate into other works, and otherwise use and exploit the Content.

7.4. We are entitled to automatically keep archived and backed-up copies of the Content and the app content for a certain time if this is necessary due to technical exclusions and peculiarities, which are due to the optimal functioning and operation of the Application.

7.5. We have every reason to do so, but we shall not every time review a Prohibited Material Claim, and we may eliminate (with or without notice) or remove different Material in our reasonable judgment if it is not in compliance with these Terms.

7.6. The user allows the Company to use their own images (including video files with their participation) free of charge for marketing, advertising, and other non-commercial and commercial purposes and the user provides the Company with permission to use the Content by various means of use, including the performance of derivative works. The Company has every reason to share this the and rights to them with others. The users also give the Company the right to use their name (and their nickname, if any) free of charge for marketing, advertising, and other non-commercial and commercial purposes.

7.7. In the event that an infringement of your intellectual property rights in the Application occurs, we ask you to immediately report the incident to us at: [email protected] so that we can take the necessary action or contact you to figure out the details.

8. Disclaimers

8.1. By accepting the terms of this Agreement, you constitute your refusal of any claims against the Company at any time for any reason, including recourse claims, claims for compensation for physical or moral harm, damage to honor and dignity, direct damage, lost profits and other material losses. You are to refuse submission of any other claims that may arise in connection with the use of the Application and communication in it.

8.2. THE INFORMATION AND CONTENT FROM OR THROUGH OUR APPLICATION IS PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED. OUR APPLICATION AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

8.3. By accepting the terms of this Agreement, you constitute the refusal to make any demands on the Company in case personal or other data placed in the Application is destroyed, lost or becomes subject to unauthorized access, no netter what the circumstances are.

8.4. The Company is not liable, including subsidiary liability, for the violation of the exclusive rights of third parties that committed on your behalf during communication, including copyright infringement of audiovisual works, photographs, comments, correspondence and any other information, as well as for violation of rights to means of individualization and other intellectual rights.

8.5. The Company is considered to be an information intermediary and is not responsible for the uploaded content by the users. In case you found content that is prohibited, ambiguous, or violating the rights of third parties in the Application, immediately inform the Company at [email protected] so that appropriate measures can be taken.

8.6. You acknowledge and agree that neither the Company nor the Application users, nor any other third party shall be liable for the losses incurred by you because of your negligent attitude to the safety of the device you use to connect to the Internet, or because you have disclosed/entrusted the information about your password or account to other persons or stored it improperly.

8.7. WE DO NOT REPRESENT OR OTHERWISE WARRANT THAT OUR APPLICATION WILL BE ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT WE WILL CORRECT ANY ERRORS. WE DO NOT REPRESENT OR OTHERWISE WARRANT THAT THE INFORMATION AVAILABLE ON OR THROUGH OUR APPLICATION WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE.

8.8. CONTENT SUPPLIED BY THIRD PARTIES (FOR EXAMPLE, BY OTHER USERS, ETC.) WILL BECOME AVAILABLE TO YOU WHEN YOU USE THE APPLICATION. THE COMPANY HAS NO EDITORIAL OR OTHER CONTROL OVER SUCH CONTENT. ANY OPINIONS OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY SUCH THIRD PARTIES, ARE THOSE OF THE RESPECTIVE AUTHOR(S) AND OWNER(S) AND NOT OF OUR COMPANY. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE NOR THE LEGALITY OF ANY CONTENT PROVIDED BY ANY OF THESE PARTIES.

8.9. YOU UNDERSTAND THAT WE DO NOT OPERATE OR CONTROL THE PRODUCTS OR SERVICES OFFERED BY THIRD-PARTIES. THESE PARTIES ARE RESPONSIBLE FOR ALL ASPECTS OF ORDER PROCESSING, FULFILLMENT, BILLING, AND CUSTOMER SERVICE, AS WELL AS FOR ANY OTHER ASPECTS RELATING TO THEIR PRODUCTS OR SERVICES. WE ARE NOT A PARTY TO THE TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES. YOU AGREE THAT USE OF THIRD-PARTY SERVICES OR PURCHASE FROM ANY THIRD PARTIES IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. ALL RULES, LEGAL DOCUMENTS (INCLUDING PRIVACY POLICIES), AND OPERATING PROCEDURES OF ANY THIRD PARTY WILL APPLY TO YOU WHILE ON ANY OF THEIR WEBSITES OR WHILE USING ANY OF THEIR APPLICATIONS.

8.10. YOU HEREBY ACKNOWLEDGE THAT NOTHING CONTAINED IN OUR APPLICATION (INCLUDING ANY CONTENT SUPPLIED BY US OR BY ANY THIRD PARTY) WILL CONSTITUTE FINANCIAL, INVESTMENT, LEGAL, AND/OR OTHER PROFESSIONAL ADVICE AND THAT NO PROFESSIONAL RELATIONSHIP OF ANY KIND IS CREATED BETWEEN YOU AND THE COMPANY OR OUR USERS. YOU HEREBY AGREE THAT YOU WILL NOT MAKE ANY FINANCIAL, INVESTMENT, LEGAL, AND/OR OTHER DECISION BASED IN WHOLE OR IN PART ON ANYTHING CONTAINED IN OUR APPLICATION OR SERVICES.

8.11. THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT MADE AVAILABLE OR OFFERED THROUGH OUR APPLICATION OR IN CONNECTION WITH OUR SERVICES BY USERS OF OUR APPLICATION. ALTHOUGH WE MAY PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE THROUGH OUR APPLICATION AND/OR SERVICES, AND ARE NOT LIABLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, COPYRIGHT INFRINGING OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER WHEN USING OUR APPLICATION AND/OR SERVICES.

8.12. OUR APPLICATION AND/OR SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF USER COMMUNICATIONS.

8.13. THE COMPANY IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEM, SERVER OR PROVIDER, COMPUTER OR MOBILE PHONE EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, OR FOR ANY COMBINATION THEREOF – INCLUDING INJURY OR DAMAGE TO USERS’ OR ANY OTHER PERSON’S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE – RELATED TO OR RESULTING FROM THE USE OF OUR APPLICATION AND/OR SERVICES.

8.14. UNDER NO CIRCUMSTANCES WILL THE COMPANY (INCLUDING ALL OUR AFFILIATES) BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE, PERSONAL INJURY, OR DEATH RESULTING FROM ANYONE’S USE OR INABILITY TO ACCESS OR USE OUR APPLICATION AND/OR SERVICES, OR ANY INTERACTIONS BETWEEN USERS OF OUR APPLICATION AND/OR SERVICES, WHETHER ONLINE OR OFFLINE.

8.15. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR APPLICATION AND/OR SERVICES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT AND/OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.

8.16. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN CONTENT FROM OR THROUGH OUR APPLICATION (FOR EXAMPLE, BY DOWNLOADING A FILE SENT TO YOU BY ANOTHER USER) AND/OR SERVICES, YOU DO THAT AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.

8.17. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE SUBSTANTIAL ELEMENTS OF THE CONTRACT BETWEEN YOU AND THE COMPANY – OUR APPLICATION AND/OR SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR APPLICATION AND/OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

8.18. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, RECOMMENDATION, OR ANY AFFILIATION WITH US OR OUR APPLICATION.

8.19. The Application may from time to time contain links to other web-sites and/or applications ("Third Parties’ Websites and Applications"). The Company has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.

8.20. The Application may also contain links to Third Parties’ Websites and Applications as well as articles, photos, illustrations, graphic images, music, sound, video, information, applications, software and other content belonging to or originating from said third parties ("Third Parties’ Content"), which is their intellectual property, and which is protected in accordance with any relevant laws.

8.21. Inclusion of links to any website or application in our Application does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites or applications.

8.22. If the User decides to leave the Application for any Third Parties’ Websites and Applications (in particular, by using a link which leads to any Third Parties’ Websites and Applications) or use or install any third parties’ software, they do it at their own risk – the moment the User leaves the Application or starts using or installing any third parties’ software, these Terms and Conditions cease to apply to the User (in respect to any Third Parties’ Websites and Applications and/or any Third Parties’ Content). When taking further actions, the User should follow the applicable documents (EULAs, Terms of Use, etc.) and policies of the persons whose websites, applications and other content they are going to use.

8.23. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR APPLICATION, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR APPLICATION AND/OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT WHICH IS EQUIVALENT TO THE NUMBER OF MINUTES AVAILABLE AT THE USER’S APPLICATION ACCOUNT BALANCE AT THE MOMENT OF FILING THE CLAIM. MINUTES’S VALUE IS CALCULATED ACCORDING TO THE METHOD OF PAYMENT THAT WAS SELECTED BY THE USER WHEN PURCHASING THE MINUTES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Communication. Termination of the Agreement.

9.1. From time to time, we will send you notices that are related to the functionality of the Application and its fresh capabilities. It is your responsibility to monitor help chats and email from time to time to avoid losing any serious data provided by us.

9.2. You cannot transfer your rights hereunder to other persons. We have every right to transfer our rights hereunder to any third party.

9.3. We are entitled to amend the Agreement without your prior consent or notification. These changes will be reflected in the Agreement placed in the public domain. If you do not agree with changes included in the Agreement, you may terminate the Agreement. Termination results in deleting of your account.

9.4. Where you desire to terminate the Agreement, you should just delete your account or request us at [email protected].

9.5. We also have the right to terminate the Agreement at any time and for any reason. As a result, your personal account will be deleted.

10. Other Matters

10.1. If any provisions of the Agreement are deemed to be invalid, void or otherwise inapplicable, the rest of the Agreement will save legal effectiveness.

10.2. The Treaty requires that law of the Republic of Cyprus to be applied in absolute accordance with the collisions of laws. If there are any legal conflicts, they must be resolved in the court of the Republic of Cyprus.

10.3. The titles of the paragraphs and subparagraphs hereof shall be provided only for orientation.

10.4. Reference for Communication

Notification of an offense by Users of the Contract must be provided to this address for an urgent reply: warning@callmechat.
Other notifications that are related to the Contract or the operation of the Application should be sent to this address: [email protected]. The current version of the Agreement is available at https://callmechat.com/terms-of-use