Terms of Service

By creating a Chaty account through a website or mobile application (the “Service”) you agree to be bound by (i) these Terms of Service, (ii) our Privacy Policy, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

The contractual relationship shall come into existence when Chaty confirms the account. Prior to this, both parties shall enter into pre-contractual obligations of mutual consideration.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted in the settings of the Service and also on our website chatyapp.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

You must be at least 18 years of age to create an account and use the Service. By creating an account and using the Service, you represent and warrant that:

• you can form a binding contract with Chaty,
• you are not a person who is barred from using the Service under the laws of the Germany or any other applicable jurisdiction.,
• you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
• you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

By using our Service you create an account with Chaty. For more information regarding the data we collect from you and how we use it, please consult our Privacy Policy. You are solely responsible for all activities that occur under your account. If you think someone has gained access to your account, please immediately contact us at [email protected].

Chaty is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in the settings of the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play). Chaty may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Chaty: Section 4, Section 5, and Sections 12 through 19.

Though Chaty strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT CHATY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. CHATY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. CHATY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

Chaty grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Service. This licence is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Chaty and permitted by this Agreement. Therefore, you agree not to:

• use the Service or any content contained in the Service for any commercial purposes without our written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Chaty’s prior written consent.
• express or imply that any statements you make are endorsed by Chaty.
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• use the Service in any way that could interfere with, disrupt or negatively affect the Service or servers or networks connected to the Service.
• upload viruses or other malicious code or otherwise compromise the security of the Service.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
• “frame” or “mirror” any part of the Service without Chaty’s prior written authorization.
• use meta tags or code or other devices containing any reference to Chaty or the Service (or any trademark, trade name, service mark, logo or slogan of Chaty) to direct any person to any other website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
• use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
• use, access, or publish the Chaty application programming interface without our written consent.
• probe, scan or test the vulnerability of our Service or any system or network.
• encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorised use of the Service, including termination of your account.

Any software that we provide may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

By creating an account, you grant to Chaty a worldwide, transferable, sub-licensable, royalty-free, right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our licence to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorise us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Chaty users).

Chaty will not regularly forward the contents of the chats to third parties, except to check them for breaches of contractual obligations. Any further evaluation of the texts will only take place anonymously.

You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the licence to Chaty above.

You understand and agree that we may monitor or review any Content you post as part of the Service. We may delete any Content, in whole or in part, that in our sole judgement violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Chaty allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Chaty regarding our Service, you agree that Chaty may use and share such feedback for any purpose without compensating you.

You agree that Chaty may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

You must comply with the guidelines in our Child Safety Standards Policy, which is hereby incorporated by reference into these Terms of Service. Any violation may lead to immediate account termination and potential notification of the relevant authorities.

By using the Service, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement.
• spam, solicit money from or defraud any users.
• impersonate any person or entity or post any images of another person without his or her permission.
• bully, “stalk,” intimidate, harass or defame any person.
• post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
• use another user’s account.
• create another account if we have already terminated your account, unless you have our permission.

Chaty reserves the right to investigate and/ or terminate your account without notice and without a refund of any purchases if you have misused the Service or behaved in a way that Chaty regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.

Although Chaty reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Chaty cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via [email protected].

If you purchase a subscription through Chaty, your subscription will continue indefinitely until cancelled by you. 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, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please go to the settings of the Service and follow the instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

You may edit your Payment Method information in the settings of the Service. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorise us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts. The right of withdrawal expires as soon as you start using digital content.

After that period – and for all other customers who are residing outside the EU or European Economic Area the following rules apply.

Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

To request a refund:

If you subscribed using your Apple ID, refunds are handled by Apple, not Chaty. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account or through Chaty: please contact us at [email protected] with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Chaty (you can find this on your confirmation email).

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
• your contact information, including address, telephone number and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
• 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 authorised to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to [email protected].

Chaty will terminate the accounts of repeat infringers.

We look at a number of factors when evaluating Chaty accounts to determine if they meet our verification criteria. In addition to following these Terms of Service, our Community Rules and further undisclosed criteria, your account also needs to be authentic and active.

When your Account has been verified, you will earn Virtual Items for your activity and interaction with other users which you can redeem for “real world” money once you reach a certain threshold.

Chaty may remove the Verified status of an account at any time without notice. Chaty may also remove Verified status from accounts that are found to be in severe or repeated violation of our Community Rules. Any violation of these Terms of Service, manipulation of Chaty processes, or circumvention of enforcement actions may result in loss of the Verified status or in certain instances, suspension of the account.

CHATY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CHATY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.

CHATY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. Chaty is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Chaty is not responsible or liable for such third parties’ terms or actions.

1. Your claims for damages or reimbursement of futile expenses shall be governed by this clause, regardless of the legal nature of the claim.
2. Chaty shall be liable without limitation for damages resulting from injury to life, body or health which are based on a negligent breach of duty by Chaty or an intentional or negligent breach of duty by a legal representative or vicarious agent of Chaty.
3. In the case of other liability claims, Chaty shall only be fully liable if the guaranteed quality is not present and for intent and gross negligence, including that of its legal representatives and executive employees. Chaty shall be liable for the fault of other vicarious agents only to the extent of liability for slight negligence in accordance with paragraph 4 of this liability clause.
4. Chaty shall be liable for slight negligence only if an obligation is breached, the observance of which is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of a breach of a cardinal obligation, liability shall be limited to 1.000,00 EUR.
5. The above provisions shall also apply in favour of our employees.
6. Liability under the Product Liability Act remains unaffected (§ 14 ProdHG).

1. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Chaty does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
2. Notwithstanding the foregoing, all disputes shall be brought before the ordinary courts of Germany.

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be Cologne, Germany, provided, however, that if one of the parties is a consumer, any mandatory statutory place of jurisdiction that may apply to such consumer shall remain unaffected.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Chaty, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

This Agreement, with the Privacy Policy and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Chaty regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Chaty account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Chaty in any manner.