Please read the following provisions of these Terms of Use (“Terms of Use”) carefully. This is a legal agreement between you and PalsChat (the “Company”) and “ PalsChat ” and its various and next versions (all PalsChat are “PalsChat”) regarding the use of the PalsChat software program and related documentation installed on your device (the “Software”). By downloading the Software and/or using any services enabled by the Software (the “Services”), you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and the PalsChat Privacy Policy. If at any time you do not agree to these Terms and Conditions of Use, you may not use the Software or Services and must immediately terminate your use of the Software and all Services.
Subject to your compliance with the terms and conditions set forth in these Terms of Use, PalsChat grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-transferable, revocable license to download, install and use one (1) copy of the Software in object code format, solely on your personal mobile device (“Device”), solely for your personal use of the PalsChat Applicatio.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and confidential and proprietary information of PalsChat, and you agree to take all necessary actions to protect the confidentiality of such information. All title to the Software and the Services, including any related documentation and any new versions, modifications, and enhancements thereto, belongs solely to PalsChat and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. No implied licenses, rights or interests are granted under any copyrights, patents, trade secrets, trademarks, inventions or other intellectual property rights. PalsChat hereby expressly reserves all rights in the Software and all Services not expressly granted to you under this Agreement.
You are only licensed to use the object code version of the Software. You may not (i) copy, modify, adapt, translate into any language, distribute or create derivative works based on the Software or any Service; (ii) sublicense, sublease, lease, loan, transfer, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Service, and any attempt by you to do so shall be void; (iii) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover by any means any source code, underlying ideas, underlying user interface technology or algorithms of the Software or any Service; (iv) remove or obscure or alter any copyright and/or other proprietary notices contained on or otherwise associated with the Software or any Service; or (v) use the Software or any Service to create or distribute viruses or circumvent any copy protection or other digital rights management mechanisms.
PalsChat maintains a zero-tolerance policy regarding child sexual abuse and exploitation (CSAE). Any content that depicts, promotes, or facilitates CSAE—including child pornography, grooming, or the sexualization of minors—is strictly prohibited on our platform. Users must not use PalsChat to engage in or promote any behavior that endangers the physical, emotional, or psychological well-being of minors.
We actively monitor for violations using a combination of automated tools and human review. Any account found to be involved in CSAE-related activities will be permanently banned and reported to the appropriate legal authorities, including but not limited to the National Center for Missing & Exploited Children (NCMEC) and local law enforcement.
You further represent that you shall not (i) use the Software or any Service for any illegal or unauthorized purpose, (ii) use the Software or any Service in any manner that could damage, disable, overburden or impair any Service, (iii) transmit worms, viruses or any code of a destructive nature, (iv) display, transmit or share any content consisting of text, sounds, audio, images, photos, video and/or any type of material, information or communication ("Content") that is hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libellous or defamatory, or any Content that encourages conduct that would be considered a criminal offense or give rise to civil liability, (v) attempt to hack, deface or tweak PalsChat's website, software (or its source code) or any Service, or alter other websites in order to falsely imply that they are affiliated with PalsChat, or (vi) use or access any Service by any means other than through the interface that is provided by PalsChat.
If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is dependent upon your obtaining the relevant third party's consent to such use, and by using the Software, you warrant that you have obtained such consent. In addition, you warrant that you own the device on which the Software is downloaded, or that you have the legal right to control the use of that device. You further agree to ensure that any other person you permit to use the Software or Services will do so in accordance with these Terms of Use. If you sell the Device, or you no longer have the legal right to control the use of the Device, you must delete any Software from the Device.
Content transmitted through the use of the Software and Services is the sole responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any Service, you may be exposed to Content that is offensive, harmful to minors, indecent, or otherwise objectionable. PalsChat does not endorse any Content and expressly disclaims any and all liability for any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge PalsChat from any and all claims and demands arising out of or related to any Content.
You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Software or Services, and that PalsChat is not responsible to you or any third party for any Content. You also agree to pay all royalties, fees, and any other amounts owed to any person for any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of the Content or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity, or any other intellectual property or proprietary right, or (ii) defame, libel, slander, or violate the privacy, publicity, or other property rights of any other person. Violators of these third-party rights may be subject to criminal and civil liability. PalsChat reserves all of its rights and remedies against any person who violates any provision of these Terms of Use.
The Software may incorporate, or may incorporate itself into, software and other technologies owned and controlled by third parties. Any such third-party software or technology included in the Software shall be within the scope of this Agreement.
PalsChat reserves the right, at its sole discretion, to add additional features or functionality to the Software or Services, or to modify or provide programming fixes, updates and upgrades. PalsChat has no obligation to provide you with any additional features or functionality, or any modifications, updates, support, maintenance or subsequent versions of the Software or any Services. If you want to download, install or use any additional features or any modifications, updates or new versions of the Software, you may have to agree to the updated version of the Terms of Use. You acknowledge that PalsChat may automatically release any additional features or functionality or modifications, updates or upgrades to the Software, and may therefore modify, update or upgrade the version of the Software that you are using or have installed on your device. You hereby agree that your device may automatically request and/or receive such modifications, upgrades or updates.
The license to use the Software and Services is void in any jurisdiction where prohibited. The Software and Services are intended only for users 18 years of age or older, and any registration, use, or access to the Software or Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. PalsChat may, at any time and in its sole discretion, terminate your account, delete any content or information you have posted on the Services, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect, or feature of the Services) for any or no reason, with or without notice, including, without limitation, if it believes that you are under 18 years of age.
PalsChat may offer access to certain features or content through in-app purchases. These Paid Services are entirely optional. All purchases made within the app are final and non-refundable, regardless of the reason, including but not limited to accidental purchases, dissatisfaction, or unused services. By completing a purchase, you agree that you will not be eligible for a refund under any circumstances. Payments are processed through the platform from which you downloaded the app (such as the Apple App Store or Google Play Store), and your use of the Paid Services is subject to their applicable terms. Upon successful payment, the purchased content or feature will be made available to your account.
You may terminate your use of the Services at any time, for any reason, by ceasing to access or use the Services. This includes uninstalling and permanently deleting the Software from all of your devices and ensuring that you no longer access or interact with any part of the Services through any other means. Termination of the Services by you does not relieve you of any obligations or liabilities incurred prior to the termination date, including any outstanding payments or compliance with these Terms. Upon termination, your right to use the Services will immediately cease, and you will no longer have access to any data, content, or information stored within the Services unless otherwise required by applicable law or stated in our data retention policy. If you wish to terminate your account or have questions regarding the termination process, please contact our support team.
Without limiting any other remedies, PalsChat may limit, suspend, terminate or discontinue these Terms of Use and/or your use of the Software and/or Services, in whole or in part, with or without notice and without resort to court, for any reason or no reason, including, but not limited to, if PalsChat believes that you (i) have breached any term of these Terms of Use, (ii) have created problems or legal liabilities (actual or potential), (iii) are in arrears with any fees for premium and all types of paid content and items for the Services, (iv) have infringed the intellectual property rights of a third party, or (v) have engaged in fraudulent, unethical or illegal activities. You agree that PalsChat has no obligation to provide the Services, including, but not limited to, any premium and all types of paid content and items for the Services, and that no PalsChat Party shall be liable to you or any other party for any limitation, suspension, termination, discontinuance or modification of the Software and/or any Services.
Subject to the terms and conditions of these Terms of Use, PalsChat will use reasonable efforts to store your Content, if any, in connection with your use of the Premium Content and All Types of Paid Content and Items Services, if such storage is a feature provided by the Premium Content and All Types of Paid Content and Items Services. You acknowledge and agree that PalsChat has no liability for the loss, deletion, or destruction of any Content, including any stored Content, and that none of the PalsChat Parties has any obligation to retain, provide access to, or return any Content to you. In addition, you further acknowledge and agree that if you elect to use the Premium Content and All Types of Paid Content and Items Services, including storage of Content, and you have been inactive on the Premium Content and All Types of Paid Content and Items Services for thirty (30) days or more (as determined by PalsChat), PalsChat may delete your Content for any reason, including technical, business, or any other reason.
The Services may include links or references to other websites or services solely as a convenience to our users ("Reference Sites"). PalsChat does not endorse any such Reference Sites. Access and use of the Reference Sites, including the information, materials, products, and services available on or through the Reference Sites, is entirely at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policies of any third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers on or through the Services are solely between you and such advertisers.
You agree to indemnify, defend, and hold harmless PalsChat, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from: (i) your access to or use of the PalsChat platform; (ii) your violation of these Terms of Service or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right; or (iv) any content you post, upload, or otherwise make available through the PalsChat platform. PalsChat reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
You may not assign these Terms of Use or any rights or obligations hereunder. PalsChat may assign these Terms of Use and any rights hereunder to any third party at its sole discretion without prior notice to you.
The Software and Services are provided to you "as is" and "as available" without any warranty. The PalsChat Parties hereby disclaim all warranties, terms or conditions, whether express or implied, whether in fact or by law, statutory or otherwise, including but not limited to warranties, merchantability, fitness for a particular purpose, satisfactory quality, warranties, terms and conditions of description, title, non-infringement and accuracy of information generated. Accordingly, you acknowledge and agree that PalsChat will not have any liability arising out of your use of the Software and/or any Services. Your sole right or remedy for any problems or dissatisfaction with the Software and/or any Services is to immediately uninstall the Software and cease using the Software and all Services. You further acknowledge that PalsChat have no obligation to provide any maintenance or support services with respect to the Software and/or Services.
In no event shall the PalsChat Parties be liable for any loss, liability, claim or damage of any kind, whether direct, indirect, incidental, consequential, special or punitive, whether based on contract, tort (including negligence) or any other legal theory, or for loss of revenue or profits, loss of business or any other damages arising out of or in connection with the Software and/or any Services, these Terms of Use or the performance, suspension, termination or breach of these Terms of Use, even if PalsChat has been advised of their possibility. The PalsChat Parties shall have no liability whatsoever arising out of or in connection with these Terms of Use or the use of the Software or any Services. The above limitations will apply even if the above remedy fails of its essential purpose. Because some jurisdictions do not allow certain of the above exclusions or limitations, some of these exclusions or limitations may not apply to you. In such cases, the liability of PalsChat will be limited to the maximum extent possible under applicable law. These limitations of liability will also apply to damages you suffer as a result of any products or services sold or provided by third parties other than PalsChat and obtained or advertised through any Service.
You and PalsChat agree that any cause of action arising out of or related to any Service or Software must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. If you download software from an App Marketplace, you further acknowledge that the App Marketplace is not responsible for addressing any claims relating to the software or services or your possession and/or use of the software or services, including, but not limited to: (i) product liability claims; (ii) any claim that the software or services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Any comments, suggestions or feedback regarding the Software or any Service ("Feedback") submitted to PalsChat will become the property of PalsChat. PalsChat will have exclusive ownership of all rights in the Feedback. PalsChat will be entitled to use the Feedback for any commercial or other purpose without any compensation to you or any other person. PalsChat is not required to treat any Feedback as confidential. You agree that you will not acquire any rights to the Software or any Service (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for any material you submit, including its legality, reliability, appropriateness, originality and copyright.
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