TERMS OF SERVICE
Effective as of 1st March 2020
Welcome to CashChat!
CashChat Inc (“CashChat”, “our”, “we” or “us”) is a private secure end to end messaging application that offers a feature allowing users to charge in-application purchased tokens to other users wishing to view their unique content.
The terms (“us”, “we”, the “Company” or “CashChat”) refer to CashChat Inc, Ground Floor Coastal Buildings, PO BOX 3169, Road Town, Tortola, British Virgin Islands. Company Registration Number 2032490.
1.Acceptance of Terms of Service Agreement.
, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on our platforms and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
2. Eligibility – Who can use CashChat
CashChat is a social messaging platform for respectful and responsible grown-ups and it is not intended for use by minors. If we become aware that a CashChat user is a minor we will promptly delete that user’s account and delete all information and content of that users account (to the extent stored by CashChat). If you are a parent or legal guardian and become aware that your minor has installed and registered on CashChat please immediately notify us at [email protected]
By creating an account and using the Service, you represent and warrant that:
- you can form a binding contract with CashChat,
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
- you will comply with these Terms of Service and all applicable local, state, national and international laws, rules and regulations.
- You accept full responsibility for any user content created or provided by you
3. Your Account.
Account registration is required to access and use CashChat. To register on CashChat, you must provide a valid email address, a username, and a password. During account registration, you also have the ability to create a CashChat profile and import your pre-existing content (such as your Instagram photos ) to be a part of your CashChat profile. Note that as part of the account registration process, we will ask for your mobile phone number and/or email for account verification purposes .
By registering on CashChat, you represent and warrant that: (i) all account registration and profile information and content you provide to us (including content you choose to import from Instagram or any other social media service) is your own information and content and is truthful and accurate; (ii) you do not already have an existing account on CashChat (including under a different email, username, or mobile number); (iii) if you previously had an account with CashChat, your old account was not terminated or suspended by CashChat for violation of these Terms; (iv) you register on CashChat for your own personal and lawful, and you will not sell, rent, lease, loan or transfer your account to a third party without our written permission; and (v) you will not log in or attempt to log in on CashChat through unauthorised third party applications.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up to CashChat, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please contact us immediately at: [email protected]
4. How CashChat works.
CashChat is a private secure end-to-end messaging app between two users. It offers a unique feature to allow users to charge CashChat Coins to view specific content and also allow a user to send premium media directly to another user with an associated Coins cost. Added features like tipping provide an extra level for the user to monetise their content.
By setting up a CashChat Profile, users can classify themselves as an expert in certain categories, which will then allow them to be displayed in the discovery section, along with their chosen profile picture. By adjusting the various filters, users can refine their search to look for other users within a defined region or of a particular expertise for example.
Users sending/sharing their media affords them the opportunity to monetise their content. By defining a self-chosen price point, users can decide for themselves what they feel the content is worth.
CashChat uses Apple’s in-app purchases to provide its CashChat coins which users can purchase to spend on other user content within the app only.
Users who successfully monetise their content and accrue $100 equivalent CashChat coin balance will become eligible for automated payment to their PayPal account.
The CashChat app is free to download and utilise but in addition to the In-App CashChat coins feature, it also offers an in app, paid user subscription option of either one or twelve months which provides subscribed users additional features including, but not limited to: Unlocking premium content and change of location.
From time to time, CashChat may offer products and services for purchase ("in app purchases") through iTunes or Google Play. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize CashChat or the third party account, as applicable, to charge you. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
Auto-Renewal; Automatic Card Payment
Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored by iTunes or Google play and subsequently used for the automatic card payments in accordance with the Agreement.
Objections to a payment already made should be directed to the relevant third party account such as iTunes or Google Play. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.
You may unconditionally withdraw your consent to automatic card payments at any time by going to the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts.
If you want to change or terminate your subscription, you will need to log in to your third party account and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the CashChat application from your device. Deleting your account on CashChat or deleting the CashChat application from your device does not terminate or cancel your subscription; CashChat will retain all funds charged to your Payment Method until you terminate or cancel your subscription on the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We make an exception for users residing in the EU or European Economic area if a refund for a subscription offering is requested within fourteen days of the transaction date, or other than this if the laws applicable in your jurisdiction provide for refunds.
If you subscribed using your Apple ID, refunds are handled by Apple, not CashChat. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account: please contact [email protected]
with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).
If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.
CashChat operates a global business and provides services to a diverse community of users. Our pricing structure may vary by region, length of subscription, bundle size, recent in-app promotions and other factors. We may from time to time test new features and price points to provide members with increased functionality and payment options should they choose to use them.
6. User Content & Rights you grant to CashChat
We assume no responsibility or obligation to screen User Content or to monitor CashChat for inappropriate User Content. Views expressed by users on CashChat do not represent our views or values. If you are offended by another’s User Content on CashChat, you have the choice to not interact with that user and can opt to block them. If you believe another’s User Content on CashChat violates these Terms, you can report that user by going to that user’s profile, tapping the “Settings” icon in the upper right-hand corner of the profile screen, and then tapping the “Report” button. Alternatively, you can report a user to CashChat customer support at [email protected]
User Content belongs to Creators, and we do not claim ownership of any User Content. However, by creating and publishing and/or otherwise providing User Content on CashChat, you expressly and irrevocably grant to us a non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to host, store, cache, index, use, copy, reproduce, display, perform, publish and distribute your User Content on CashChat for the purposes of providing, operating, managing, maintaining and improving CashChat and its services and features . You acknowledge and agree that: (i) the foregoing license will remain and continue in effect for as long as you maintain an account on CashChat; and (ii) in the event you discontinue use of CashChat, we may retain backup copies of all your User Content for our internal archival and recordkeeping purposes. By creating and publishing and/or otherwise providing Premium User Content on CashChat, you also expressly and irrevocably authorize your Followers on CashChat (subject to and upon their purchase of the requisite CashChat Coins) to access and view (without downloading or copying) your Premium User Content within a limited time duration (usually 24 hours) for their own lawful and personal use.
By creating and publishing and/or otherwise providing User Content on CashChat, you represent and warrant that: (i) you own or control all rights in and to your User Content; (ii) to the extent your User Content includes or utilizes any third-party property (such as material created by another person, or another person’s name, voice, signature, photograph or likeness), you have secured all rights, licenses, consents and releases that are necessary (A) for the inclusion/use of such third-party property in your User Content and (B) for our exercise of the rights granted herein by you with respect to your User Content; and (iii) your User Content is non-confidential and may be made available to your Followers on CashChat.
7. Our Limited License to you.
CashChat (including all its software, API, user interface, and other technology elements) and the “CashChat” name and logo constitute our proprietary property and are protected by copyright, trademark, and other intellectual property laws in the United States and other countries .
Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive licence to download and install a single copy of the CashChat app on your mobile device for your own lawful and personal use only . You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of CashChat other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
We do not warrant that CashChat is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not CashChat is compatible with your device. From time to time we may make updates to CashChat and will make such updates available through the applicable app store (Apple iTunes for iOS devices, or Google Play for Android devices). Depending on the update, you may not be able to use CashChat until you have downloaded the latest version of CashChat and accepted any new terms.
8. Prohibited Uses
We require that all CashChat users respect and comply with these at all times when using CashChat.
You may not:
- use CashChat other than for your own lawful and personal use in accordance with these Terms;
- impersonate another, or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
- falsify account registration information, or make unauthorized use of another’s information or content;
- use CashChat in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
- copy, reproduce, distribute, modify, or create derivative works from, any portion of CashChat without our express written permission;
- create, upload, post, display, publish or distribute any User Content that (i) is pornographic, sexually explicit, obscene, fraudulent, defamatory, libellous, hateful, discriminatory, threatening or harassing, or (ii) violates another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
- copy, reproduce, distribute, modify, or create derivative works from, any content that you do not own and do not have express written permission to do so from the applicable content owner (this includes taking a picture or screenshot or otherwise making a copy of another’s User Content);
- remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained or embedded in CashChat or in any User Content that you do not own;
- decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of CashChat or any portion thereof;
- bypass, circumvent, disable, deactivate or render ineffective any content protection, rights management, or security features or mechanisms (such as firewalls, filters, etc.) associated with CashChat or any portion thereof;
- interfere in any way with the operation of CashChat or any server, network or system associated with CashChat, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another’s account that you are not expressly authorized to access;
- use CashChat for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app’s availability, performance or functionality, or for any other benchmarking or competitive purposes;
- use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access CashChat or any server, network or system associated with CashChat, or to extract, collect, harvest or gather content or information from CashChat;
- frame or otherwise create a browser or border environment around any page or content of CashChat, or deep-link to any internal page or area of CashChat; or
- make any other use of CashChat that violates these Terms or any applicable law.
By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- use the Service for any harmful or nefarious purpose
- use the Service in order to damage CashChat
- spam, solicit money from or defraud any members.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
- post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic.
- post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
- use another member's account, share an account with another member, or maintain more than one account.
- create another account if we have already terminated your account, unless you have our permission.
CashChat reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that CashChat regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
To report abuse or misuse of CashChat, please contact CashChat customer support at [email protected]
9. Modifying the Service and Termination.
CashChat will strive to improve the Service and bring you additional functionality over time that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, by contacting CashChat Customer support at: [email protected]
, however if you use a third party payment account, you will need to manage termination through such account (e.g., iTunes, Google Play) to avoid additional billing. CashChat may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, either by your choice or CashChat’s decision you will not be entitled to any refund for purchases made. CashChat may also terminate your account if it remains inactive for a period of 12 months. If your account is terminated by CashChat, no refunds of confirmed in-app purchases will be made and in app CashChat coin balances will be forfeited. IMPORTANT NOTE: All in-app purchases of CashChat coins are final and non-refundable. By making an in-app purchase of CashChat coins, you expressly waive any and all rights and claims you may have to cancel the purchase or get a refund, and you expressly acknowledge and agree that neither the other user nor CashChat will have any obligation or liability to provide you with a refund for any reason.
10. Safety; Your Interactions with Other Users.
Though CashChat strives to encourage a respectful user experience, it is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire money, to other users.
You are solely responsible for your interactions with other users. You understand that CashChat does not conduct criminal background checks on its users or otherwise enquire into the background of its users. CashChat makes no representations or warranties as to the conduct of users.
11. Links to Third Parties.
CashChat may contain links to third-party websites, products or services (each, a “Linked Third-Party Site/Product/Service”). Such links do not constitute or imply our approval, sponsorship or endorsement of any Linked Third-Party Site/Product/Service. We are not responsible for and make no representation or warranty, whether express or implied, regarding any Linked Third-Party Site/Product/Service. You access and use a Linked Third-Party Site/Product/Service solely at your own risk. When you visit a Linked Third-Party Site/Product/Service, you are subject to that third party’s terms and policies, and not these Terms. Any right or claim you may have concerning a Linked Third-Party Site/Product/Service can only be asserted directly against the third party that operates or provides that Linked Third-Party Site/Product/Service.
12. Disclaimer of Warranties; Limitations of Liability
By using CashChat, you acknowledge and agree as follows:
(i) CashChat and all of its services and features are provided “as is”, “as available” and with all faults, without warranty of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to CashChat and all of its services and features, including without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness or reliability of CashChat, or the results of your use of CashChat. We also do not warrant or guarantee that CashChat and all of its services and features will be available at any particular time or location; that CashChat and all of it’s services will be secure, uninterrupted, and error free; that any defect or error ill be corrected; or that CashChat and all of it’s services and features will be free of viruses and other harmful components. Your use of CashChat and its services and features will be solely and entirely at your own risk.
(ii) In no event shall we or any of our successors or assigns be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business goodwill or opportunity) arising out of (or your inability to use) CashChat or any of its services or features, regardless of whether or not we or any of our successors or assigns have been advised of the possibility of such loss or damages.
(iii) In no event shall our total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) CashChat or any of its services or features, exceed One Thousand US Dollars ($1000).
(iv) Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use (or your inability to use) CashChat or any of its services or features shall be limited to the maximum extent permitted by law.
13. User Indemnification
By using CashChat, you agree to indemnify and hold harmless us and our Employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgements, orders, damages, liabilities, losses, costs and expenses (Including without limitation, reasonable attorney’s fees and legal costs) arising out of or related to any of the following (i) Your use of CashChat or any of its services or features; (ii) Any user content created, published, or otherwise made available on CashChat by you; (iii) Any transaction or interaction between you and any other user of CashChat; and/or (iv) Your violation of these terms or any applicable law.
14. Governing Law
(i) If you use CashChat within the United States: you and we agree that these Terms shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning CashChat or arising out of or related to these Terms shall be resolved in federal courts located in New York, New York, U.S.A .
(ii) If you use CashChat outside of the United States: you and we agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning CashChat or arising out of or related to these Terms shall be resolved in the courts of England and Wales.
(iii) Except where prohibited by applicable law, any claim or cause of action by you concerning CashChat or arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
15. Entire Agreement; Other.
You agree that your CashChat account is non-transferable and all of your rights to your account and its contents terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this agreement and you may not make any representations on behalf of or bind CashChat in any manner. We may, at any time and with or without notice to you and other CashChat users, assign these Terms together with all of our rights hereunder, to an affiliate or to an entity that acquires all or substantially all of the assets associated with CashChat.
If any portion of these Terms is deemed unlawful, void, voidable or unenforceable, such portion shall be deemed severed from these Terms, and all remaining portions of these Terms shall not be affected and shall remain in full force and effect.
These Terms do not create or confer any third-party beneficiary rights.
A failure or delay on our part to enforce a right or provision under these Terms does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms shall only be effective if it is in writing and signed by us.