MEETCHU END USER LICENCE AGREEMENT (EULA)
This EULA is effective as of, 18th February 2018
This EULA is a legal agreement between you and us, Chatazap Labs Limited for:
1. Meetchu mobile application software, the data supplied with the software and the associated media (App); and/or
2. any of the services accessible through the App and/or via www.meetchu.com (Website) (the Services). (together the Licensed Items).
References to the Services or Licensed Items in this EULA are to any and all of the Services or Licensed Items as applicable. Chatazap Labs Limited (Chatazap) is a registered company in England and Wales under company number 08850970 with its registered office at One Eleven Edmund Street, Birmingham, B3 2HJ, United Kingdom.
You should print a copy of this EULA for future reference. A copy of the EULA is also available for download from our Website.
1.1 Please read this EULA carefully, check that you understand it and that it only contains terms you are prepared to agree to before downloading the App. By downloading the App you agree to these terms and conditions which will bind you.
1.2 We licence use of the Licensed Items on the basis of this EULA and subject to any rules or policies applied by any App Store provider or operator from whose site (App Store) you downloaded the App (App Store Rules). We do not sell the App to you. We remain the owners of the App at all times.
1.3 The terms of this EULA apply to the Licensed Items, including any updates or supplements to Licensed Items, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Licensed Items, the terms of an open-source licence may override some of the terms of this EULA. 1.4 If you do not agree to this EULA, we will not license Licensed Items to you and you must not download the App.
1.6 We may change the terms of this EULA at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Licensed Items. The new terms may also be part of a new update in which case you may be required to read and accept them to continue your use of the Licensed Items.
1.7 A copy of the App can be downloaded using a mobile telephone, a handheld device or any other device (Devices) that has the ability to download Apps via the App Store. You must obtain permission from the owners of any Devices that are controlled, but not owned, by you, and which you use to download a copy of the App. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Licensed Items on or in relation to any Device, whether or not it is owned by you.
2.2 You may download a copy of the App onto your supported Devices and view, use and display the App on these Devices for your personal purposes only.
2.3 You may only download the App if you are 16 years of age or older.
2.4 You may make In-App purchases or redeem credits for additional products as indicated in the App from time to time. Such additional functionality will be covered by the terms of this EULA and licensed in accordance with this clause 2.
3.1 Except as expressly set out in this EULA you agree:
3.1.1 that you are 18 years of age or older;
3.1.2 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.1.3 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
3.1.4 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.1.5 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, providing that the information obtained by you during such activities is:
(a) only used for the purpose of achieving inter-operability of the App with another software program;
(b) not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(c) not used to create any software that is substantially similar to the App;
3.1.6 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
3.1.7 to include our copyright notice on all entire and partial copies you make of the App on any medium;
3.1.8 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.1.9 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology).
4. Acceptable Use and Content Standards
4.1 You must:
4.1.1 not use the App or any Service in any criminal, offensive, anti-social or unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, including viruses, or harmful data, into the App, any Service or any operating system;
4.1.2 not set up or use a name on the App which may lead others to believe that the name relates to a celebrity or which may infringe any copyright, trade mark or any other intellectual property rights of any other person;
4.1.3 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
4.1.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
4.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
4.1.6 not use the App to create multiple accounts under different Facebook accounts held by you; and
4.1.7 not sell or transfer for a fee any account held by you to other people.
4.2 Whenever you make use of the App to send messages (Messages), images or videos (Media) (together Content) you must comply with the Content standards set out below. You warrant that any Content complies with those standards, and you shall reimburse us for any liability which we may incur as a result of the Content not complying with those standards.
4.3 Content should be considered to be confidential and proprietary between the sender and the receiver only and should not be used, copied, distributed and/or disclose to third parties.
4.4 We also have the right to disclose your identity to any third party who is claiming that any Content sent by you using the Licensed Items constitutes a violation of their rights.
4.5 We will not be responsible, or liable to any third party, for the Content or accuracy of any Content sent or received by you or received by you by way of the Licensed Items.
4.6 You agree that we can remove or delete any Content, which you send or receive at any time, for any reason.
4.7 We are under no obligation to oversee, monitor or moderate any Licensed Items and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content standards, whether the Licensed Items are moderated or not.
4.8 These Content standards apply to any and all Content, which you may send by way of the Licensed Items. The standards apply to each part of any Content as well as to its whole.
4.9 Content must: -
4.9.1 be accurate (where they state facts);
4.9.2 be genuinely held (where they state opinions); and
4.9.3 comply with applicable law in the UK and in any country from which they are sent.
4.10 Content must not: -
4.10.1 contain any material which is defamatory of any person;
4.10.2 contain any material which is obscene, offensive, hateful or inflammatory;
4.10.3 promote sexually explicit material under the age of consent;
4.10.4 promote violence;
4.10.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.10.6 infringe any copyright, design right, database right, trademark or any other intellectual property rights of any other person;
4.10.7 be likely to deceive;
4.10.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.10.9 advocate, promote or assist any illegal activity or unlawful act;
4.10.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
4.10.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
4.10.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
4.10.13 give the impression that they emanate from us, if this is not the case.
4.12 Failure to comply with the Content standards constitutes a material breach of this EULA and may result in all or any of the following actions:-
4.12.1 immediate, temporary or permanent withdrawal of your right to use the Licensed Items;
4.12.2 immediate, temporary or permanent removal of any Content sent or received via the Licensed Items;
4.12.3 issue of a warning to you;
4.12.4 legal proceedings against you for appropriate court orders, compensation and/or reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
4.12.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or we are required to disclose.
4.13 You acknowledge that Chatazap is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Credits when an account is closed, whether such closure was voluntary or involuntary.
4.14 The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
5. Privacy and Cookies
5.2 The Internet is not a secure medium and privacy cannot be assured. We cannot accept any responsibility for any harm or damage you may experience or incur by sending personal or confidential information to us over the Internet or if we send you such information at your request. By using the App or any Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any Content or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
5.3 Please note that any e-mail sent to or from us via the Licensed Items and any attachments will not be encrypted. They may therefore be liable to be compromised. This is an inherent risk in relation to e-mail.
5.4 We do not, to the extent permitted by law, accept any liability (whether in contract, tort (including negligence), breach of statutory duty or breach of common law and/or under any other legal basis) for any external compromise of security and/or confidentiality in relation to transmissions sent by e-mail.
5.5 By using any of the Licensed Items, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for services that are Internet-based or wireless to improve our products and to provide any Services to you.
6.1 A Supported Device is either an Apple Device or an Android Device (Supported Device). A Supported Device can download the App. A Facebook account must be registered to use the App and Services.
6.2 You are able to use the App and the Service on 1 (one) Supported Device only.
6.3 Other users Profiles will be shown to you based on your selected criteria. You can swipe to the “left” to say “no” or swipe “right” to “like” the user.
6.4 If another user “likes” you, you will be notified by push notification and the person who liked you will show in your main search section.
6.5 When 2 (two) users “like” each other this is considered a “Match” and Matches are shown in the apps Matched section. You will be notified of a Match if someone “likes” you back. Only Matches can messages each other.
6.7 When sending Content, the speech bubble for the sent Content on your Chat screen will show 1 (one) tick for the Content being delivered to the servers and 2 (two) ticks showing that the Content has been delivered to the recipient’s device. When the user opens the Chat screen messages will show as Read and only when media is downloaded and either viewed or played will the media show as Read, (or such other flow as we may notify you of from time to time).
6.8 If you delete the App from your Device, you will delete the App and the App’s Dedicated Document Path on your Device deleting all your Chats including all Content sent and received.
6.9 There is no function to share sent or received Content and all received Content should be considered as Private.
6.10 When you are Matched with another person, you can request access to Voice/Video call them or request access to their Private Gallery – the other person can do the same to you. Only when a user allows access for the other person to call them or view their Private Gallery will this function become active.
The “Zap!” feature
6.12 If you use the “Zap!” feature it will instantly delete the sent Content from the recipient's Chat screen and App’s Dedicated Document Path on their Device, provided that our servers are running and the recipient’s Device is online. If at any time our servers are interrupted and/or the recipient’s Device is offline, deletion and/or removal will occur as soon as the servers are back up and running and/or the recipient’s Device is online (as applicable).
6.13 Received Content will not be available to view in your Chats if the sender has used the “Zap!” feature for the sent Content, or has either been deleted by you using the “Delete from Own phone only” options.
Content that’s held on our Servers
The "Delete from your phone only" feature
6.18 The “Delete” feature deletes Content from your Chat thread screen and from the App’s Dedicated Document Path on your Device, freeing up your Device’s storage space. If you use the “Delete” feature to delete Content sent before you “Zap!” the Content, then you will no longer be able to use the "Zap!” feature in respect of that Content.
The “Delete Chat” feature
6.19 Use the “Delete Chat” feature to delete whole individual Chats. The Chat and all Content within the Chat will be deleted from the App and be deleted from the App’s Dedicated Document Path on your Device, freeing up your Device’s storage space. If you use the “Delete Chat” feature to delete individual Chats and its entire Contents before you “Zap!” any Content sent, then you will no longer be able to use the "Zap!” function in respect of any Content within that Chat.
The “Logout” feature
6.20 If you “Logout” of your account and login again on the same device, all your Matches and Chats will show. If you login on another device your Matches will show, but your Chats will not and you will not be able to use the "Zap!” feature in respect of any previously sent Content.
The "Deactivate" Feature
6.21 If you “Deactivate” your account, you will be automatically logged out and removed from any future searches. If you login again and reactivate your account at any time on the same device, all your Matches and Chats will show. If you login and reactivate your account on another device your Matches will show, but your Chats will not and you will not be able to use the "Zap!” feature in respect of any previously sent Content.
The "Report" Feature
6.22 You can report other users if you believe the user has inappropriate media or inappropriate behaviour.
6.23 We may at our sole discretion offer you the opportunity to earn Credits linked to your use of the App. Credits may only be redeemed for a variety of In-App purchases (IAP) that we may decide at our sole discretion. Credits have no cash value. We reserve the right to cancel and/or suspend the use and allocation of Credits at our sole discretion. See section 4.13 in this EULA for additional information about Credits.
6.24 For any IAP you purchase within the App you must have the permission of the named owner of the credit card used to purchase these. If you change your Device and/or re-install the App you can use the “Restore” feature to restore any IAP’s you have already made for the App.
6.25 For any IAP or upgrades to any features or functionality within the App, we reserve the right to cancel and/or change the IAP or upgrade features or functionality at our sole discretion.
6.26 Meetchu Subscriptions
If you choose to purchase Meetchu’s Premium 1, 3 or 6 month subscription, payment will be charged to your iTunes account at confirmation of purchase, and your account will be charged for renewal within 24 hours prior to the end of the current period. Auto-renewal may be turned off at any time by going to your settings in the iTunes Store after purchase.
The subscription charges are as follows;
1 month subscription price costs GBP9.99
3 month subscription price costs GBP6.99 per month, charged as GBP20.97
6 month subscription price costs GBP4.99 per month, charged as GBP29.94
Prices are in British pounds and may vary in countries other than in the United Kingdom and are subject to change without notice. No cancellation of current subscriptions is allowed during the active subscription period. If you decide not to purchase Meetchu Premium, you can simply continue using Meetchu for free.
Losing or upgrading your Device
6.27 If you change your Device you can log in to your account on the new device using the same Facebook details you set up your account with. See section 6.20 in this EULA for additional information about what will show for your account.
6.28 You must have a main profile, image or video, to be able to use the app. At any time, at our own discretion, we can remove your main profile if its deemed as inappropriate, from your profile gallery. If this happens you will be removed from searches and you will not be able to use the app until you add a main profile. We can also delete any media from your public gallery, which we determine as being inappropriate and/or change the positioning of your media in your Public gallery. At any time, at our own discretion, we can suspend your account and you will not be able to use the app unless we unsuspend you. See section 4 in this EULA for details.
7. Intellectual Property Rights
7.1 All design, text, pictures, graphics and the selection and arrangement of them and all software compilations, coding, underlying source code, software and all other material and/or Technology used in the Licensed Items and the intellectual property rights in them are owned by Chatazap Labs Limited or our licensors unless otherwise acknowledged. ALL RIGHTS ARE RESERVED.
7.2 You acknowledge that you have no right to have access to the App in source-code form.
7.3 Infringement of any rights in the Licensed Items may lead to criminal and/or civil sanctions in the UK, US and other countries.
7.4 If you copy, print or download material from Licensed Items in breach of this EULA you must immediately cease to use the Licensed Items and erase, destroy and/or return any unauthorised materials to us. 7.5 If you believe that any Content of Licensed Items in any way infringes intellectual property rights belonging to you or any third party please contact us immediately identifying your rights, the material you claim is infringing your rights and your full contact details.
8. Accessibility Statement
8.1 We are committed to providing Licensed Items that are accessible to the widest possible audience, regardless of ability.
8.2 If you have any problems accessing or using the Licensed Items please contact us using any of the methods listed at the end of this EULA.
9.1 You may not link to the Website on any website without our prior written permission or in accordance with the Press Kit section on the Website.
9.2 We do not accept any responsibility for the information or practices of any third party websites linked to the Website. We make no representations about any third party websites which you may access through links provided on the Website.
9.3 The inclusion of links to third party websites on the Website does not mean that we endorse such third party websites.
9.4 A third party website accessed from a link on the Website is independent from us and we have no control over the content and/or management of that website. You view and rely upon the contents of any such third party website at your own risk. We accept no liability to you for the contents of and/or information on any third party website.
9.5 We shall have no liability to you for any loss or damage you may suffer if you enter into any contract as a result of viewing a third party website linked to the Website.
9.6 We do not guarantee that any links to third party websites contained on the Website will function correctly.
10. Accessing the Licensed Items
10.1 Access to the Licensed Items is permitted on a temporary basis, and we reserve the right to withdraw or amend the Licensed Items or any part of them without notice. We will not be liable if for any reason the Licensed Items or any part of them is unavailable at any time or for any period.
10.2 From time to time, we may restrict access to some parts of the Licensed Items or all of the Licensed Items, to users who have registered with us.
10.3 If you chose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, if in our opinion you have failed to comply with any of the provisions of this EULA.
10.4 You are responsible for making all arrangements necessary for you to have access to the Licensed Items. You are also responsible for ensuring that all persons who access the Licensed Items through the Devices are aware of the terms of this EULA and that they comply with them.
10.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
10.6 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
10.6.1 Our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
10.6.2 Wwe will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
11.1 Please note that viruses and similar destructive programs are an inherent risk of communication via the Internet.
11.2 We will use our reasonable endeavours to prevent contamination of any material sent to you with any virus or similar destructive code.
11.3 We do not, to the maximum extent permitted by law, accept any liability for any virus or similar destructive code which computer equipment and/or software used by you may suffer as a result of your accessing the Licensed Items and/or any other communication via the Internet between you and ourselves.
11.4 It is your responsibility to scan what you choose to download from the Licensed Items to ensure that it is free of such items as viruses, worms, trojan horses, logic bombs and other similar destructive code.
11.5 You must not introduce any viruses, worms, trojan horses, logic bombs or other similar destructive code to the Licensed Items, attempt to gain unauthorised access to the Licensed Items, the servers on which they are stored or any server, computer or database connected to the Licensed Items, nor attack the Licensed Items using a denial of service attack. To the extent that you do any of these things, we may report such activities and disclose personal data relating to you to any relevant law enforcement agency.
12. General Disclaimers and Provisions
12.1 Neither we nor any of our affiliates, directors, employees or other representatives will be liable for losses arising out of or in connection with the use of and/or inability to use the Licensed Items.
12.2 We provide the Licensed Items and their contents on an “as is” basis and the information on our Website for general information only. We will not be liable for any losses arising out of any reliance placed on the content of the Licensed Items by you, or any person informed of their contents.
12.3 While every effort has been made to ensure the content of the Licensed Items are accurate and up to date we make no (and expressly disclaim all) representations or warranties, express or implied, of any kind with respect to the Licensed Items or their contents including, but not limited to, in respect of the accuracy or completeness of the Licensed Items and their contents and/or any warranties of merchantability and/or fitness for a particular purpose.
12.4 The limitations of liability in relation to the Licensed Items apply to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
12.5 The limitations of liability in relation to the Licensed Items do not limit our liability to the extent that it cannot be limited and/or excluded by applicable law, for example consumer law.
12.6 The Licensed Items are intended for personal use only and we shall have no liability to you for any losses which you suffer which relate solely to any business undertaken by you.
12.7 You are liable for any telephone charges and any charges made by your internet service provider as a result of your use of the Licensed Items. Any rights not expressly granted by us are reserved.
12.8 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
12.9 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
12.10 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.11 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.12 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any dispute and/or claim arising out of the EULA its subject matter and/or its formation.
13. In the Event of Merger, Sale, or Bankruptcy
13.1 In the event that WhatsApp is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
14.1 If you have any queries or concerns regarding the Licensed Items please contact us using any of the following methods:
14.1.1 By post at ChataZap Labs Limited, One Eleven Edmund Street, Birmingham, B3 2HJ, United Kingdom;
14.1.2 By email at firstname.lastname@example.org