1. Your Acceptance
This is an agreement between Chatstasy LLC, a California limited liability company (“Chatstasy, LLC”), the owner and operator of www.chatstasy.com (the “Website”), and the Chatstasy software (the “Software”), and you (“you” or “You”), a user of the Software. In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, these terms and conditions (this “Agreement”), which may be modified by Chatstasy, LLC from time to time at our sole discretion. All modifications will be posted to the Website and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. We strongly recommend that, as you read this Agreement, you also access and read the linked information. BY ACCESSING THE WEBSITE AND/OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
2. Chatstasy Software
This Agreement shall apply to all users of the Software. Information provided by our users through the Software may contain links to third-party websites that are not owned or controlled by Chatstasy, LLC. Chatstasy, LLC, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Chatstasy, LLC, will not and cannot censor or edit the content of any third-party site. By using the Software, you expressly acknowledge and agree that Chatstasy, LLC shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Chatstasy Access
B. In order to access and use the features of the Software, you acknowledge and agree that you will have to provide Chatstasy, LLC, with your mobile phone number. As a condition of registering for use of the Software, you agree to (a) provide Chatstasy, LLC with true, accurate, current, and complete information as prompted by the Chatstasy, LLC registration forms, when registering for or using the Software; and (b) update and maintain the truthfulness, accuracy and completeness, of such information. You expressly acknowledge and agree that in order to provide the Software, Chatstasy, LLC, may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Software. You hereby give your express consent to Chatstasy, LLC, to access your contact list and/or address book for mobile phone numbers in order to provide and use the Software. You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the Software. You must notify Chatstasy, LLC immediately of any breach of security or unauthorized use of your mobile phone. Although Chatstasy, LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Chatstasy, LLC or others due to such unauthorized use.
4. Your conduct
In connection with your use of the Software, you represent and warrant that you:
(a) are above the age of eighteen (18), or have provided verifiable parental consent;
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) 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 Software in a manner that sends more request messages to the Chatstasy servers in a given period of time than a human can reasonably produce in the same period by using a Chatstasy application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Chatstasy, LLC grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Chatstasy, LLC, reserves the right to revoke these exceptions either generally or in specific cases. While Chatstasy, LLC allows the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, Chatstasy, LLC disallows any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Chatstasy, LLC clients. Chatstasy, LLC disallows using request modification tools such as fiddler, whisker, or the like, or any other such tools activities, that are meant to explore, harm, penetrate, or otherwise test the site. You must secure prior written permission from Chatstasy, LLC before you measure, test, health check or otherwise monitor any network equipment, servers, or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including names and phone numbers, from the Software, nor to use the communication systems provided by the Software for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Software;
(d) will not use the Service in any manner that infringes, misappropriates, or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights;
(e) will not use the Service in any way that could interfere with the rights of Chatstasy, LLC or the rights of other users of the Service; and
(f) have sufficient rights in and to all Content that You provide, transmit, or otherwise convey to Chatstasy, LLC in connection with the Software.
Chatstasy, LLC may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
5. Intellectual Property Rights
The design of the Software along with Chatstasy, LLC created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, Software marks and logos contained therein (“Marks”), are owned by or licensed to Chatstasy, LLC subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Software is provided to you AS IS for your information and personal use only. Chatstasy, LLC reserves all rights not expressly granted in and to the Software. You agree to not engage in the use, copying, or distribution of any of the Software other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Software for any commercial purposes. All materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations, and software (collectively, the “Copyright Materials”) are the exclusive property of the Chatstasy, LLC and/or their licensors and are protected by all United States and international copyright laws.
6. Urgent Calling
Chatstasy Software provides Urgent Calling feature to place an emergency call to another user and an Urgent Button to call emergency personnel and/or ambulance service at the registered user’s country of origin. The Software also provides a list of Emergency numbers to summon Ambulance services for various countries around the world. It is possible that the Urgent Calling feature may not work correctly due to network, connectivity, and other related issues. Also, the emergency number might not be accurate and subject to change by local authorities.
BY AGREEING TO THE USE OF THIS SOFTWARE, YOU SHALL NOT HOLD CHATSTASY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM PHYSICAL HARM, INJURY, OR DEATH DUE TO INCORRECT OR INACCURATE USE OF THE URGENT CALLING FEATURE.
7. Privacy Users Group
The Software allows you to add contacts to your Privacy Users List, which, according to your settings, would allow those selected contacts to receive the following information about you: a) emergency notifications; b) your current location; c) your current local time; d) that your phone is on Airplane Mode; and e) that your phone is on Do-Not-Disturb Mode. It is possible that the Privacy Users Group features may not work correctly or precisely due to network, connectivity, GPS relay/accuracy, and other related issues.
BY AGREEING TO THE USE OF THIS SOFTWARE, YOU SHALL NOT HOLD CHATSTASY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM PHYSICAL HARM, INJURY, OR DEATH DUE TO INCORRECT OR INACCURATE USE OF THE PRIVACY USERS GROUP AND RELATED SETTINGS AND FEATURES.
8. Cloud Backup
The Software provides a cloud backup feature to store your contacts buttons and custom messages. This feature is provided as an added benefit to all registered Chatstasy users without any explicit or implicit warranty or guarantee.
YOU AGREE NOT TO HOLD CHATSTASY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE COMPROMISE OR LOSS OF THIS INFORMATION.
9. Modifications of Terms and Conditions
Chatstasy, LLC will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website. Chatstasy, LLC will make note of the date of the last update to the Agreement at the bottom of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Website or Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Website and Service.
10. Warranty Disclaimer
YOU AGREE THAT THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”. YOUR USE OF THE CHATSTASY SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CHATSTASY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF. CHATSTASY, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SOFTWARE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHATSTASY SOFTWARE. CHATSTASY, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SOFTWARE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CHATSTASY SOFTWARE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND CHATSTASY, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SOFTWARES. AS WITH THE PURCHASE OF A PRODUCT OR SOFTWARE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
16. Beta Testing
Beginning June 20, 2019, Chatstasy, LLC is conducting beta testing of the latest version of the Software. Since you may be using the Software during this period, you agree: (a) Chatstasy, LLC may use any of your feedback or information without compensation to improve the Software; (b) that you assign to Chatstasy, LLC, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any modifications or improvements to the Software which you may propose or make during the beta testing or which you and Chatstasy, LLC may jointly make during the beta testing; (c) nothing shall be construed to create an employment or agency relationship, partnership or joint venture between you and Chatstasy, LLC; (d) you shall not be entitled to receive any compensation of any kind for the use of Software or providing feedback or assistance in relation to Software; and (e) you understand that because of the nature of a beta version of the Software, the quality of the data collected and contained therein may be impacted negatively.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE WEBSITE OR THE SERVICE. BY USING THE WEBSITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Date Last Modified: This Agreement was last modified December 11, 2019