Terms of Service
Last Updated October 25th, 2023
By downloading or using the ChatVista app/website, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app/website. You’re not allowed to copy, or modify the app/website, any part of the app/website, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app/website, and you also shouldn’t try to translate the app/website into other languages, or make derivative versions. The app/website itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to ChatVista.
ChatVista is committed to ensuring that the app/website is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app/website or to charge for its services, at any time and for any reason. We will never charge you for the app/website or its services without making it very clear to you exactly what you’re paying for.
The ChatVista app/website stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app/website secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the ChatVista app/website won’t work properly or at all.
You should be aware that there are certain things that ChatVista will not take responsibility for. Certain functions of the app/website will require the app/website to have an active internet connection. The connection can be Wi-Fi, or provided by your network provider, but ChatVista cannot take responsibility for the app/website not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app/website outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app/website, or other third party charges. In using the app/website, you’re accepting responsibility for any such charges, including roaming data charges if you use the app/website outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app/website, please be aware that we assume that you have received permission from the bill payer for using the app/website.
Along the same lines, ChatVista cannot always take responsibility for the way you use the app/website i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, ChatVista cannot accept responsibility.
With respect to ChatVista’s responsibility for your use of the app/website, when you’re using the app/website, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. ChatVista accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app/website.
At some point, we may wish to update the app. The app is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. ChatVista does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Use of App/Website
Harassment in any manner or form on the app/website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ChatVista or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not send, distribute, or otherwise transfer through the chat or service any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offensive, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not solicit to others or advertise.
Third-Party Links
In an attempt to provide increased value to our visitors, ChatVista may link to sites operated by third parties. However, even if the third party is affiliated with ChatVista, ChatVista has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ChatVista. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ChatVista seeks to protect the integrity of its website and mobile application and the links placed upon it and therefore requests any feedback on not only its own site and mobile application, but for sites it links to as well (including if a specific link does not work).
Changes to This Terms of Service
We may update our Terms of Service from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Service on this page. These changes are effective immediately after they are posted on this page.
Purchases and Subscriptions
ChatVista allows you to purchase products, services, and/or games subscriptions directly from the app. Those purchases are actual contracts, and you must be old enough to conclude them or have the permission from your parents. If you are not sure, please make sure to speak with a trusted adult before purchasing anything. If you choose a paying subscription for one week or one month, please note that it will renew automatically for the next week or month unless you terminate it.
You agree that the purchase of products, services, and/or games subscriptions (hereafter “In-app Purchase” and/or “Subscriptions”) from the ChatVista App are governed by these Terms.
By purchasing an In-App Purchase or Subscription from the ChatVista App, You agree that You are submitting a legally binding offer to conclude a contract. You acknowledge, affirm, and represent that You have the legal capacity to enter into a valid and non-voidable contract or that You have permission from Your parents or a legal guardian to enter into this legal contract.
Please note that the use of the ChatVista App that has been downloaded through the Apple AppStore is subject to Apple End User License Agreement available here https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Please note that the use of the ChatVista App that has been downloaded through the Google Play Store to Google Play Terms of Service available here https://play.google.com/about/play-terms/index.html
Purchasing Subscriptions or In-App Purchases from Apple or Google:
Subscriptions and In-app purchases are purchased from and billed by Apple AppStore or Google PlayStore and not ChatVista. These purchases are subject to the terms and conditions of Apple or Google. ChatVista does not have access to the user’s accounts or transactions. If You wish to confirm the type of subscription that has been purchased from these platforms, please review Your account or receipt as each subscription will have a unique billing name.
In-game purchases on mobile devices use the method of payment You have on file in the Apple App Store or Google Play account registered on Your device. For more information, see Apple’s or Google’s support articles
Auto-renewal Subscriptions:
ChatVista may offer to its users (the “Users”) the possibility to purchase a weekly or monthly subscription (the “Subscription”) for a fixed price indicated in the App (the “Price”) for the purpose of accessing specific services or features expressly made available by ChatVista for use (the “Subscribed Services”).
Users will be charged the Price for renewal within twenty-four (24) hours prior to the end of the current billing period. The Subscription is subject to automatic renewal unless the User withdraws from or terminates the Subscription twenty-four (24) hours before the end of the applicable billing period. If the User does not withdraw or terminate, the User will be charged for the next billing period. It is Your responsibility to keep track of when the billing period ends and the next one commences.
The User may manage the automatic renewal directly by using the functionality located in the settings of its Apple Account.
The User agrees that the Price for the Subscribed Services is final and will not be subject to refund by ChatVista except as required by the law of Your jurisdiction.
Termination of the Subscription by the User:
Subscriptions are handled by the Apple App Store or Google Play store:
1. Most subscriptions automatically renew unless you cancel them.
2. If you cancel, you may continue to use the subscription until the end of the next billing period.
3. If you cancel during a trial period, you might lose access to content immediately.
4. If You sign up for a free or discounted trial subscription and You don't want to renew it, You need to cancel it at least 24 hours before the trial period ends.
To learn more about how to view or cancel your subscriptions with Apple or Google:
https://support.apple.com/en-us/HT202039
https://support.google.com/googleplay/answer/7018481
Termination of the Subscription by ChatVista:
Except as provided below regarding renewal of the Subscription, ChatVista may cancel, suspend or terminate the access by the User of the Subscribed Services if:
the User fails to comply with the Terms;
ChatVista suspects unlawful activity associated with the User; and/or
ChatVista suspects fraud or misuse by the User.
Apple App Store Provisions
Even if you have downloaded ChatVista from the Apple App Store, Apple has no responsibility for the ChatVista app and/or the content available in ChatVista. You must however comply with the App Store Terms of Service.
This paragraph applies where the ChatVista App has been downloaded from the Apple App Store. You acknowledge and agree that these Terms are solely between you and ChatVista, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the ChatVista App or content thereof. Notwithstanding the foregoing, Your use of the ChatVista App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ChatVista App. In the event of any failure of the ChatVista App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the ChatVista App to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the ChatVista App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to ChatVista as provider of the ChatVista App.
You acknowledge that Apple is not responsible for addressing any claims by You or any third party relating to the ChatVista App or Your possession and/or use of the ChatVista App, including, but not limited to: (i) product liability claims; (ii) any claim that the ChatVista App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to ChatVista as provider of the software.
You acknowledge that, in the event of any third-party claim that the ChatVista App or Service or your possession and use of that ChatVista App or Service infringe that third party’s intellectual property rights, ChatVista, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
You represent and warrant that (i) you are not located in a country that is subject to an U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and ChatVista acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service as relates to your license of the ChatVista App, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the ChatVista App against you as a third-party beneficiary thereof.
Contact Us
If you have any questions or suggestions about our Terms of Service, do not hesitate to contact us at support@chatvista.app.