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.

3. Chatstasy Access
A. Subject to your compliance with this Agreement, Chatstasy, LLC, hereby grants you permission to use the Software, provided that: (i) your use of the Software as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Software, or in any other manner inconsistent with this Agreement; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Software in any medium without Chatstasy, LLC’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Software; and (iv) you will otherwise comply with the terms and conditions of this Agreement and Privacy Policy.

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;

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.

IN NO EVENT SHALL CHATSTASY, LLC ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 SECURE 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 SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHATSTASY, LLC, CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CHATSTASY, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Software is controlled and offered by Chatstasy, LLC from its facilities in the United States of America. Chatstasy, LLC makes no representations that the Chatstasy Software is appropriate or available for use in other locations. Those who access or use the Chatstasy Software from other jurisdictions do so at their own volition and are responsible for compliance with local law.

12. Indemnity
You agree to defend, indemnify, and hold harmless Chatstasy, LLC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Chatstasy Software; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Chatstasy, LLC Software. We don’t support or encourage illegal consumption of alcohol or tobacco.

13. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under 18 years of age, you are not permitted to use the Chatstasy, LLC Software without verified parental consent. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terroristsupporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Chatstasy, LLC without restriction.

15. General
You agree that: (i) the Chatstasy Software shall be deemed solely based in California; (ii) the Chatstasy Software shall be deemed a passive server that does not give rise to personal jurisdiction over Chatstasy, LLC either specific or general, in jurisdictions other than California; and (iii) that you agree to subject to the jurisdiction of California in the event of any legal dispute. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Chatstasy, LLC that arises in whole or in part from the Chatstasy Software shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. These Terms of Use, together with the Privacy Policy at http://www.chatstasy.com/privacypolicy and any other legal notices published by Chatstasy, LLC including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Chatstasy, LLC concerning the Chatstasy Software. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Chatstasy, LLC’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Chatstasy, LLC reserves the right to amend or modify these Terms of Use at any time, and it is your responsibility to review these Terms of Use for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Software. Your continued use of the Chatstasy Software following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. No joint venture, partnership, employment, or agency relationship exists between you and Chatstasy, LLC as a result of this Agreement or use of the Website or Software. YOU AND CHATSTASY, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CHATSTASY SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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.