Last Modified Date: March 31, 2024
This document and these terms (“Agreement”) represent a legal contract between you and Chatit (“Chatit“, “we“, “our“), governing your use of Chatit Messenger, a mobile or web services or mobile or web software (“Chatit Software”) owned, controlled or offered by Chatit (collectively, the ”Chatit Services“). PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING THE CHATIT SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING THE CHATIT SERVICES IMMEDIATELY.
You acknowledge and agree that this contract is only between you and Chatit and not any of Chatit’s partners, distributors, promoters or service providers (collectively, “Distributors”). Should you have any issue or claim with respect to the Chatit Services, Chatit, and not its Distributors, will be solely responsible for addressing the issue or claim. If you have obtained the Chatit Services from one of Chatit’s Distributors, you agree that any such Distributor will have no obligation or responsibility to provide you any warranty, maintenance and support services with respect to the Chatit Services.
All Chatit Services are licensed to you and not sold. Subject to the terms of this agreement, Chatit grants you a personal, non-exclusive, non-transferable and non-sublicensable license to use the Chatit Services solely for your personal or internal business purposes. You may use the Chatit Software for one Chatit Services subscription account on up to ten mobile devices legally under your control, for your personal or internal business use. When you submit User Data to Chatit, you hereby grant to Chatit, a non-exclusive, royalty-free, worldwide license to distribute your User Data through the Chatit Service on your behalf solely for the purpose of providing the secure messaging service. With respect to any open source or third-party code that may be incorporated in the Chatit Software, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. [Chatit DOES NOT USE, COPY OR MODIFY USER DATA. IT’S IMPOSSIBLE FOR US TO DO THIS AS DATA IS ENCRYPTED AND WE CAN’T READ IT]
The Chatit Services and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of Chatit or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to the Chatit Services is granted to you, whether by implication, or otherwise.
You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce the Chatit Software; (b) modify, adapt, translate or create any derivative works of the Chatit Software or attempt to do the foregoing; (c) attempt to circumvent or disable the Chatit Software or any technology, features or measures in the Chatit Software by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Chatit Software; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the Chatit Software to any third party; (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of the Chatit Software; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Chatit Software or used in connection with the Chatit Software.
The Chatit Services may allow the submission of content and materials by you (“User Data“), and the hosting, storing of such User Data. You shall be solely responsible for your own User Data and the consequences of storing or transmitting them. Chatit assumes no responsibility whatsoever in connection with or arising from User Data. Chatit does not endorse and has no control over the content of User Data submitted by other Users. Chatit reserves the right to prevent you from submitting User Data and to restrict or remove User Data for any reason at any time.
Chatit’s Privacy Policy is hereby incorporated into this Agreement by reference. Please read this Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By using this service, you consent to Chatit’s collection and use of User Data as described in the policy in place at the time when data is collected.
When using Chatit, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the ”Guidelines“), which are also hereby incorporated by reference into this Agreement.
Chatit may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the chatit.ro site, and you agree to be bound by any changes to the Terms of Service when you continue to use the Chatit Services after those changes are posted.
Chatit will not be liable for any damages or liability resulting from your account information. You agree not to sell or transfer or allow another person to access your account password or Chatit Services account.
Chatit was founded upon the belief that private communications are a universal human right, and our Services are designed to enable secure end-to-end communication. While we don’t have the technical capability to monitor Chatit Services accounts or our users’ messages, we reserve the right to suspend or terminate accounts if we learn they violate the following terms.
YOU MAY NOT USE, OR FACILITATE, OR ALLOW OTHERS TO USE THE CHATIT SERVICES:
The Chatit Services may include links to other web sites or services solely as a convenience to Users. Chatit does not endorse or make any representations regarding any such linked sites or the any information or materials accessible through other linked sites. Chatit disclaims all liability relating to your use of such linked sites.
If this Chatit Software is being acquired on behalf of the Romanian Government, then the following provision applies. Use, duplication, or disclosure of the Chatit Software by the Romanian Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
The Chatit Software originates in the Romania, and is subject to Romania export laws and regulations. The Chatit Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the Romania. In addition, the Chatit Software may be subject to the import and export laws of other countries. You agree to comply with all Romania and foreign laws related to use of the Chatit Software and the Chatit Services.
You agree that Chatit may terminate or suspend your access to the Chatit Services without prior notice and without liability if such termination or suspension is based on (a) Chatit’s good faith belief you have violated any of the terms and conditions of this Agreement, (b) Chatit’s determination that you repeatedly infringe or have infringed the copyrights of others, (c) extended periods of inactivity with respect to any of the Chatit Services. These remedies are in addition to any other remedies Chatit may have at law or in equity. Chatit reserves the right to terminate Free Accounts and free access to Chatit Services at any time, with or without notice without any liability of any kind.
Chatit reserves the right to terminate any account considered as squatting on a username, or accounts that are deemed as spammers, or violate any laws of Romania. Chatit may terminate or suspend its services at any time, and for any reason without any liability.
You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statute applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit Chatit to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of this Agreement, including any terms in relation to DISCLAIMERS: NO WARRANTIES, INDEMNIFICATION: HOLD HARMLESS, AND LIMITATION OF LIABILITY AND DAMAGES.
THE Chatit SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH THE Chatit SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Chatit, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS. Chatit AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Chatit SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE Chatit SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT THE Chatit SERVICES WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.
You agree to indemnify, defend, and hold harmless Chatit, its affiliated companies, and its suppliers and partners from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the Chatit Services, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. Chatit 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 these claims.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, Chatit OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE Chatit SERVICES, EVEN IF Chatit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.