These Terms of Use constitute a contract by and between Chattie, Inc. ("Chattie") and any person or entity who uses our products and/or services (collectively "Services") or who agrees to use our Services ("you") (each a "Party" and collectively the "Parties").
By using the Services or agreeing to use the Services, you agree to these Terms of Use, and you agree that they cannot be modified in any way, except as set forth below. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES.
Chattie may modify these Terms of Use, including any of the policies and agreements associated with these Terms of Use, at any time, with or without notice. Any changes to these Terms of Use, including any of the policies and agreements associated with these Terms of Use, will be effective immediately upon being posted. By continuing to use the Services after such changes are posted, you agree to such changes. IF YOU DO NOT AGREE TO SUCH CHANGES, YOU MAY NOT CONTINUE TO USE THE SERVICES.
SERVICES
The Services include Chattie's apps and any related products and/or services, including support services. The Services also include our website ("Website"), where applicable below.
Chattie may modify any aspect of the Services at any time, with or without notice. Chattie makes no representations as to whether any information regarding any aspect of the Services is current and undertakes no obligation to update such information.
LICENSE
To enable you to use the Services, Chattie grants you a non-exclusive, non-transferrable, non-sublicensable, revocable license to use the Services ("License"), subject to your payment for the Services, if applicable, and your compliance with these Terms of Use.
You agree that the License does not grant you any other rights in the Services, including any intellectual property rights, and does not include any right to copy, distribute, modify, or otherwise use the Services in any way outside the scope of the License. Nor does the License include any right to make derivative works based on the Services. Nor does the License include any right to use the Services after the termination of the License. Nor does the License include any right to access, evaluate, or otherwise use the source code, object code, or other code associated with the Services, unless the Parties otherwise agree in writing.
TERM
The term of the License starts on the Effective Date and ends when your Account is terminated by either Chattie or you.
TERMINATION
You may terminate your License to use the Services by deleting our apps at any time, with or without notice, and for any reason, subject to your payment of any Fees that may be due for your use of the Services.
Chattie may terminate your License to use the Services by closing your Account at any time, with or without notice, and for any reason, including: (a) your misuse of the Services; (b) prevention of any attempted, threatened, or suspected misuse of the Services; or (c) compliance with any valid governmental demand. Chattie may notify you that your License has been terminated, but we are not required to provide such notification.
Upon the expiration or termination of the License for any reason, the Parties' rights and obligations will survive with respect to the Fees, Confidential Information, Intellectual Property, Limitations on Liability, Indemnification, and General provisions of these Terms of Use.SUSPENSION
Chattie may suspend your License to use the Services for the same reasons that it may terminate the License. Chattie may notify you that your License has been suspended, but we are not required to provide such notification.
FEES
You agree to pay any fees required to use the Services ("Fees") arising out of or related to the Services, whether based on contract, tort, negligence, strict liability, or any other legal theory.
You will be asked to provide Chattie with a credit card number or with sufficient information for Chattie to invoice you for the Fees. Your credit card will be charged for the Fees on a monthly basis.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Chattie, its parent companies, subsidiary companies, affiliated companies, owners, officers, directors, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) any violation of these Terms of Use; (c) any infringement or misappropriation of intellectual property rights; (d) any unauthorized access to or use of the Services or any computer systems associated with the Services; (e) any breach of confidentiality or privacy obligations; (f) any violation of applicable law; and (g) any third-party claims arising out of or related to your use of the Services.
COMMUNITY MEMBER DATA
By using the Services, you acknowledge and agree that Chattie, Inc. has the right to collect, store, and use all Community Member data for its own marketing purposes. Community Member data includes but is not limited to user-generated content, user profiles, preferences, and any other information provided by Community Members through the Services. Chattie, Inc. may use this data to improve its products and services, conduct market research, and develop targeted marketing campaigns.
USE OF CLIENTS' BRANDS AND COMMUNITIES
By using the Services, you acknowledge and agree that Chattie, Inc. has the right to use clients' brands and their communities for marketing and case study purposes. Chattie, Inc. may showcase client brands and highlight their communities as examples of successful implementations of the Services in its marketing materials, website, and other promotional activities. This may include displaying client logos, using client testimonials, and sharing success stories related to the use of the Services. Chattie, Inc. will make reasonable efforts to ensure that any use of clients' brands and communities is in accordance with their preferences and brand guidelines.
NOTICE
Any notices or communications required or permitted under these Terms of Use will be in writing and will be deemed to have been duly given: (a) when delivered by hand or recognized courier service; (b) when sent by confirmed email or facsimile; or (c) three (3) business days after being deposited in the mail, postage prepaid, certified or registered mail, return receipt requested. Notices to Chattie should be sent to the following address:
Chattie, Inc.
999 Brickell Ave,
Miami, FL 33131
GENERAL
These Terms of Use constitute the entire agreement between Chattie, Inc. and you regarding the Services and supersede any prior agreements or understandings, whether written or oral. These Terms of Use are governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms of Use or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami, Florida. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be severed from the Terms of Use, and the remaining provisions shall be enforced to the fullest extent permitted by law. The failure of Chattie, Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Chattie, Inc.'s prior written consent. Chattie, Inc. may freely assign or transfer these Terms of Use without restriction. The headings in these Terms of Use are for convenience only and shall not affect the interpretation of these Terms of Use.
CONTACT INFORMATION
If you have any questions or concerns regarding these Terms of Use or the Services provided by Chattie, Inc., you may contact us via email legal@getchattie.co
By using the Services, you signify your acceptance of these Terms of Use. If you do not agree to these terms, please refrain from using the Services.