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Terms of Service

Last updated: 21st of June, 2018

The following terms (what we refer to as the "Terms of Service") describe the Terms of Service of your use of our website, software applications ChatPays! and programs, including, without limitation, the Rewards Program (what we refer to generally as the "Service") that are provided to you by ChatPays! LLC, a UAE based company, having its headquarters at Dubai ("us", "we" or sometimes "Chat Pays" or “ChatPays!”). Any capitalized terms that are used in these Terms of Service and not defined herein will have the meanings given to them in our other policies. This Service is provided for your own personal use only.

A GENERAL NOTE

  • Please note that the nature of the Service we provide may change from time to time without prior notice to you. We may also cease (permanently or temporarily) providing the Service (or parts of the Service) to you or to other users with or without prior notice.
  • The Service may include advertisements. By using the Service, you agree that ChatPays! or other vendors and service providers (what we call the "Merchants") may place advertisements through the Service.
  • In some countries, there may be restrictions on the use of the Service. You may only use the Service as permitted by the laws of your country. We reserve the right to deny access to the Service or features of the Service in countries where the Service or features may be prohibited.

NO ACCESS TO EMERGENCY SERVICES

By using the Service, you understand and agree that the Service may not allow you to make emergency calls to emergency services.

ACCEPTING THESE TERMS

Your use of the Service as well as your use of any software provided as part of the Service is conditioned on you complying with and agreeing to these Terms of Service and, therefore:

  • By accessing or using the Service or by downloading any software provided as part of the Service, you are indicating that you fully agree to be bound by these Terms of Service.
  • We reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.

CHANGING THESE TERMS

  • We may, in our sole discretion, make changes to these Terms of Service, from time to time, with or without notice to you.
  • Whenever changes are made to these Terms of Service, a modified version of these Terms of Service will be posted on this page. You can determine when the Terms of Service were last modified by checking the "Last updated" notice at the top of this page.
  • Your continued use of the Service following such changes constitutes your acceptance of any such changes.
  • You can review, and we do encourage you to check, from time to time, the most current version of these Terms of Service.
  • At all times, the latest posted version of these Terms of Service shall be the binding version and shall override any previous versions.

PRIVACY

ChatPays! respects the privacy of others and your privacy is very important to us. Our Privacy Policy is aimed at letting you know what and how we collect information and what we do with it. We encourage you to read our Privacy Policy. Your use of the Service constitutes your consent to the collection and use of your personal information, as described in our Privacy Policy.

TERMS RELEVANT TO SOFTWARE

You acknowledge that any software and related documentation that may be available to download through the Service (what we refer to throughout these Terms of Service as the "Software") is the copyrighted work of ChatPays!

You therefore agree that your use of the Software is governed by the terms of the End-User License Agreement which accompanies or is included with the Software.

ELIGIBILITY TO USE OUR SERVICE

You may not use the Service if (a) you are under Eighteen (18) years old or (b) the Service is prohibited in the country where you reside or from which you use the Service. Subject to applicable law, ChatPays! may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

ALL ABOUT YOUR USER ACCOUNT

In order to use the Service you must create a user account (the "Account"). Please note the following terms in connection with your Account:

  • As part of the registration process, you must select a password (the "Password") and a user Name (the "User Name"). We recommend changing your password every 3 months.
  • You must provide accurate, complete, and updated Account information. Failure to do so will constitute a breach of these Terms of Service, and may result in immediate termination of your Account.
  • You may not: (a) select or use a User Name of another person with the intent to impersonate that person and you may not use the account of anyone other than yourself; (b) use a name subject to the rights of any other person without authorization; or (c) use a User Name that we, in our sole discretion, deem inappropriate or offensive. ChatPays! reserves the right to refuse registration of, or cancel, a User Name, in its sole discretion.
  • You will notify us of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.
  • Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at ChatPays!'s sole discretion, and you may be reported to appropriate law-enforcement agencies.
  • Your Account is personal and, unless explicitly agreed to by ChatPays! may not be transferred or shared with any other person. ChatPays! reserves the right in special circumstances to move a "random user" to another user.
  • You may only set up one Account. Users who register for the Service more than one time, by themselves or through others, will have their Accounts revoked, all their various memberships in Service programs will be cancelled, and with them, any and all Rewards and earnings or commission bonuses that were accumulated as well as any registration fees that were paid (if applicable) and all other benefits that such user might obtain from the Service, with no possibility of recompense or return.
  • Once you create your account, you will have a ChatPays! personal profile, which you can customize.

SOME RULES OF CONDUCT

As a condition of use, you agree to use the Service solely for lawful purposes and not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activities in connection with the Service. By way of example, you shall not (and shall not permit any third party to) take any action or download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content or User Submission (as such terms are defined below) on or through the Service that:

  • Is illegal, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libellous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as ChatPays! may determine in its sole discretion;
  • Violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
  • Infringes any patent, copyright, trademark or other intellectual property right or ChatPays!, ChatPays! LLC or others;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk email;
  • Involves commercial activity not expressly permitted by ChatPays!;
  • Contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of ChatPays!, its users, or any other individual or entity;
  • Impersonates any individual or entity, including, without limitation, employees or representatives of ChatPays!;
  • Incite hatred, or that otherwise constitutes hateful speech towards people or communities on the basis of ethnicity, gender, age, religion, disability or sexual orientation.

Content includes any material in the form of text, scripts, sounds, music, software, graphics, videos, etc. that you have access to, you contribute to or create during the use of Service.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the ChatPays! servers in a given period of time than a human can reasonably produce in the same period by using a ChatPays! application, and you are forbidden from ripping the content unless specifically allowed.

Also, you agree not to use or launch any manual or automated system including programs, scripts, and browser extensions to artificially increase the chat activity. Any account detected to fraud or attempt to fraud will be terminated.

Any infringement of the above obligations related to content upload will lead to the deletion of such content.

ABUSIVE USE OF SERVICES

ChatPays! is a mobile application built on the concept of social interaction and earning through the power of sharing. ChatPays! takes the issue of abusive behaviour very seriously. You are responsible for all of your activities in connection with the Service. Personal profiles in ChatPays! must be used for the sole purpose of growing your ChatPays! network. They may be customized within the parameters permitted within a normal use.

The present chapter is designed to prevent fraud and abuse of the Services. ChatPays! is intended for individual use only in accordance with the present Terms of Service. The following is a non-exhaustive list of practices that would be considered abusive and that may lead to the deletion of your account:

  • Using the personal profile to promote any other products or services;
  • Using inappropriate text such as swear words, derogatory text against a person, organization, ethnic, gender on ChatPays! and its subsidiaries;
  • Uploading pornography or any other inappropriate videos and or images through the use of file sharing in chat messages or chat groups.
  • Modifying the personal profile outside of the scope of normal use. This includes but not limited to changing the HTML, CSS and JavaScript files;
  • Creating other websites that can create the impression that they are associated; with ChatPays.com or its subsidiaries. This includes domain names that closely resemble ChatPays.com;
  • Adding users as your friends and making inappropriate comments towards them;
  • Adding users and promoting different products and services to them;
  • Using Google AdWords or similar to appear in paid searches impersonating ChatPays.com;
  • Using stolen credit cards to purchase ChatPays! Reward plans;
  • Call Premium destinations and receive kick-backs from respective companies which normally either own or are associated with;
  • Call various destinations and increase their Earning levels and cash-out;
  • Use of mobile phone emulators;
  • Use of virtual numbers or other methods to validate phone numbers;
  • Credit card frauds;
  • Paid Advertising on search engines of ChatPays! domain, or of any ChatPays! proprietary information.
  • Creation of usernames that use the words “ChatPays!” or derivate, offensive and discriminatory words or words that suggest the idea of registration into the application (e.g.: “register”, “log-in”, etc.).
  • Advertising tasks on freelancing websites or using such websites, by hiring others in order to grow your network;
  • Paying other people in order to grow or join your network.

OWNERSHIP

ChatPays! retains sole and exclusive ownership of all rights, title and interests on the website, in user’s personal profiles, the Service and Software and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the website, the Service, Software and the technology related thereto. This provision shall survive and remain in full force and effect following any termination and expiration of these Terms of Service. Without derogating from any other terms herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the website, the Service or Software other than as expressly authorized by ChatPays!.

LINKS TO THIRD PARTY WEBSITES

The Service may contain links to websites which are not maintained by ChatPays!. Please note that:

  • Links to third party websites are provided for your convenience and information only and that such third party websites are not under ChatPays!'s control and ChatPays! is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites.
  • The inclusion of a link through the Service does not imply ChatPays!'s endorsement of the third party website nor that ChatPays! is in any way affiliated with the third party website's owners or sponsors.

PAYMENTS

You may pay for transactions made through the Service with valid Mobile Payments or through other means as permitted by ChatPays! from time to time (such as Cryptocurrency eWallets or other providers of payment processing services). Generally, such payment is charged according to the individual agreement with the bank or the credit card company or other payment processing service. Each purchase of products or services by a credit card (or a payment method linked to a credit card, such as an eWallet account) through the Service is subject to the following Terms of Service:

  • The user of the credit card (or other payment method, generally referred to as the "User") represents and warrants that all credit card information provided by him or her during the registration process is true, accurate and complete in all respects.
  • The User is the legal owner of the credit card used in connection with the Service or the User has been granted by the owner of a valid credit card an express permission to use such credit card to order products and/or services through the Service; and
  • The User represents and warrants that any use of a third party's credit card by the User in connection with the Service will be made with the express prior consent of the legal owner of such credit card, and that the User will be solely liable for, and indemnify and hold harmless ChatPays!, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, damages, and expenses (including reasonable attorney's fees) relating to an unauthorized use of a third party credit card by the User.

Please refer to our Privacy Policy to learn more on how we collect and use your credit card or other payment information.

REWARDS PLAN

In an effort to earn your loyalty and repeat business, ChatPays! offers you a 10% reward back ("Self-Earnings") on all of your paid calls using the Service. Immediately following completion of

RATES

All prices displayed through the Service are, unless stated otherwise, in US Dollars and are exclusive of value added taxes (VAT) or any other applicable taxes and are inclusive of max self-earnings benefits. ChatPays! may change the rates at any time by posting such change on the ChatPays! website(s). The new rate will apply to your account after the new rates have been published. You agree that by continuing to use the Services following the adjustments of the rates, you do accept such adjustments.

TRADEMARKS AND COPYRIGHT

Any and all trademarks, copyright, service marks, product names, and trade names of ChatPays! appearing on or through the Service are exclusively owned by ChatPays!. All other trademarks, service marks, product names, and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner's prior written consent.

You may not use any copyright protected information of ChatPays! Limited and/or ChatPays! in paid advertising in any search engines. Such use shall be considered a major infringement of ChatPays! Limited’s copyrights and shall lead to the deactivation of the account.

LIABILITY ISSUES

WE TRY TO KEEP THE SERVICE UP, BUG-FREE, AND SAFE, BUT ANY USE YOU MAKE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS THEREFORE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CHATPAYS! EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. CHATPAYS! MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR ANY OTHER DEVICE USED TO ACCESS THE SERVICE, OR DATA STORED ON SUCH DEVICE, IS SOLELY YOURS.

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL CHATPAYS! (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF CHATPAYS!HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT CHATPAYS! WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, STRICT LIABILITY) FOR ANY LOSS OR DAMAGES, EVEN IF CHATPAYS! HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, ARISING FROM YOUR USE OF THE SERVICES, SOFTWARE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICE AND OR SOFTWARE IS TO IMMEDIATELY UNINSTALL SUCH SOFTWARE AND CEASE USE OF THE SOFTWARE.

SUBJECT TO THE ABOVE LIMITATIONS, CHATPAYS!'S TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF TWO THOUSAND DOLLARS ($2,000) IN ALL CASES.

TERMINATION

If you wish to terminate your Account, you may do so by sending ChatPays! an email to support@ChatPays.com specifying your request and providing ChatPays! with your username and email address. If you terminate your Account, your profile will be removed from the Service, however, deletion may not be immediate and ChatPays! may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.

ChatPays! may terminate your access to all or any part of the Service at any time with or without notice, effective immediately: (i) if you are in breach of any of these Terms of Use; (ii) if ChatPays! reasonably suspects that our are trying to unfairly misuse or exploit any of ChatPays!’s policies; (iii) if ChatPays! reasonably believes that you are using the Services or Software to break any law or infringe third party rights; (iv) following a reasonable notice period, during which you can utilize the benefits you have accrued under the Service programs, if applicable, if ChatPays! elects to cease offering the Service or any part thereof; or (v) if required due to a change in laws or regulations. You understand that ChatPays! will not be required to pay any compensation for termination of your access to the Service.

Please be further aware that termination may result in the destruction of all information and data associated with your Account.

Upon termination, all licenses and right to use the Software and/or Service shall immediately terminate and you will be required to immediately cease using the Software and Service. In addition, all accrued benefits and rights (including Self-Earnings) will expire, except in cases of death or demise in which case any accrued Self-Earnings will be transferred to the deceased's survivors subject to presentation of a proper court order.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between us and you concerning the subject matter described in this document.

JURISDICTION AND VENUE

The Service shall be provided in accordance with, and these Terms of Service shall be governed by, the laws of the State of New York without giving effect to any principles of conflicts of laws thereof, and the courts in the State of New York shall have exclusive jurisdiction over all disputes between the parties related to this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

NO ASSIGNMENTS OR TRANSFERS

You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any right or obligation herein without the express written consent of ChatPays!. ChatPays! expressly reserves its right to assign or transfer this Agreement and to delegate any of its obligations hereunder at its sole discretion.

SURVIVAL

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

WAIVER

The failure of ChatPays! to act with respect to a breach of this Agreement by you or others shall not constitute a waiver and shall not limit ChatPays!'s rights with respect to such breach or any subsequent breaches.

OFFICIAL CORRESPONDENCE

Official correspondence must be sent via postal mail to:
ChatPays LLC, Downtown, Dubai UAE