Terms and Conditions

document

The following terms & conditions constitute a binding legal agreement (the “Agreement”) between You and CrystalChat. (hereinafter referred to as CrystalChat/ “we”/ “us”/”app”/”site”), (which expression shall include its successors and assigns), setting forth the terms and conditions (“Terms”) under which the CrystalChat (the “Application”) and any related services (collectively “Services”) will be licensed to You by CrystalChat.

1. Terms

By accessing, downloading, installing the Application, and using the Services, You represent to CrystalChat that You are competent to enter into a contract (i.e. You are 18 years of age, have a sound mind and are not disqualified from entering into a contract under the applicable law) and You have read this Agreement, understand it and agree to be bound by its Terms and are responsible for compliance with any applicable local laws. Please review the Agreement carefully before accessing, downloading and installation. If you do not agree with any of these terms, you are prohibited from using or accessing this app.

2. License

Subject to the Terms and compliance of the Terms hereof CrystalChat shall grant You a license to use the Services provided that (a) You shall use the Application solely for Your personal and lawful use only; (b) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the Application (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and (c) You warrant to otherwise comply with the terms and conditions of this Agreement (the “License”).

This license shall automatically terminate if you violate any of these restrictions and may be terminated by CrystalChat at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

For avoidance of any doubt this License is personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited license to download and use the Application on a electronic device that You own or control.

3. Privacy Policy

This Agreement is deemed to incorporate the Privacy Policy posted on the same document and accessible/embedded in the Application.

4. Disclaimer of warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND DISCRETION.

THE APPLICATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. CrystalChat, ON BEHALF OF ITSELF, GOOGLE, AMAZON, ALL WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS DISTRIBUTED, AND EACH OF OUR RESPECTIVE AFFILIATES, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM CrystalChat ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APPLICATION. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR. CrystalChat MAKES NO WARRANTY AGAINST INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION AND RELATED SERVICES; FOR LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION, USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AT ANY TIME; ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR RELATED SERVICES, THAT THE APPLICATION WILL BE FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE OR MEET YOUR REQUIREMENTS; REGARDING THE SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION; THAT ANY ERRORS, BUGS OR FAILURES IN THE APPLICATION WILL BE CORRECTED. ACCORDINGLY, YOU EXPRESSLY AGREE THAT USE OF APPLICATION AND RELATED SERVICES IS PURELY VOLUNTARY ON YOUR PART, AT YOUR OWN RISK AND THEREFORE AGREE TO BEAR ANY AND ALL RISK WHATSOEVER AND/OR HOWSOEVER CAUSED. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CrystalChat OR ANY PARTY OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THIS AGREEMENT.

WHILST CrystalChat SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, CrystalChat SHALL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/OR STORAGE OF INFORMATION TO OR THROUGH CrystalChat THAT MIGHT OCCUR FROM TIME TO TIME; INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL. YOU SHALL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, OR TRANSMITTED TO YOU THROUGH THE APPLICATION.

5. Limitation of Liability

To the maximum extent permitted by applicable laws, under no circumstance shall CrystalChat, its employees or agents be liable to You or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if CrystalChat or any or all of its agents have been advised of the possibility of such damages.

6. Revisions and Errata

The materials appearing on CrystalChat could include technical, typographical, or photographic errors. CrystalChat does not warrant that any of the materials on its web site/app are accurate, complete, or current. CrystalChat may make changes to the materials contained on its app/site at any time without notice. CrystalChat does not, however, make any commitment to update the materials.

7. Amendments to this Agreement

We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include adding new or different terms to, or removing terms from, this Agreement. Your use of the Application upon publication of such amended terms shall constitute your deemed acceptance to the amended Agreement.

8. Governing Law

This Agreement shall be governed by the laws of Brazil. You irrevocably consent to the exclusive jurisdiction of courts in Curitiba, Brazil for all disputes arising out of or relating to this Agreement.

9. Contact Us

In the event you have any queries/complaints regarding usage of Application, please contact us at [email protected]

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