ChitChattr - Terms of Use

Thank your for using our products and services! These Terms of Service (“Terms”) form a contract between you and ChitChattr (“ChitChattr“) and by using our products, websites and services you are bound to agree to the following Terms, so please read them carefully. These Terms apply when you use one of our websites, APIs, products or services (referred to as “Services” in this policy), and applies to whatever electronic device (including  but not limited to desktop computers, laptops, mobile phones, tablets or other consumer electronic devices) you choose to use in this regard, including the use of our services from within another product, such as Microsoft Teams.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with ChitChattr and are not barred under any applicable laws from doing so. We reserve the right to stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

The Services may continue to change over time as we refine and add more features. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications.

If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice. If you do not agree to these terms, please do not use our Services.

Acceptable Use Policy

You will not, and will not attempt to, misuse the Services. You may not use our services for any illegal or unauthorized purpose. You must not, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws). We may refuse service to anyone for any reason at any time, especially if we suspect any of the above actions are taking place.

Disclaimer

While we have endeavoured to ensure that all information provided by the Services is accurate and up to date, ChitChattr takes no responsibility for any error or omission relating to this information. To the maximum extent permitted by law, ChitChattr will not be liable for any cost, loss or damage suffered by you through your use of the Services or our failure to provide access to the Services or information updates.

Member account, password, and security

If any of the Services requires you to open an account, register, or pass secure credentials, you must complete such process by providing current, complete and accurate information. You are entirely responsible for maintaining the confidentiality of your account details including any passwords or other security keys. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Payment and Access

A valid credit card or bank account is required for payment of any charges due for the use of our paid products or services. Should you upgrade or downgrade your plan, you will be charged your new billing rate immediately. Our products and services are billed in advance in accordance with our pricing schedule and all monthly payments are non-refundable.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of our products and services and payments made by you herein.

Modifications to the Service and Fees

ChitChattr reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.

ChitChattr reserves the right to change our monthly/annually fees upon 30 days notice from us. Fee change will be notified per email to all our subscribers and will be reflected on our respective pricing pages.

We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

ChitChattr Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the ChitChattr trademarks, logos, domain names, or other brand features.

Accuracy of information and disclaimer of warranties

All material on the Services is provided in good faith and its use is undertaken at your sole risk. ChitChattr does not make any representation or warranty that (i) any material on the Services will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Services will be uninterrupted, timely or secure. ChitChattr will not be liable for loss resulting from any action or decision by you in reliance on the information provided by the Services, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Cancellation & Termination

Though we’d much rather you stay, you can stop using our Services any time. You alone are responsible for properly cancelling your Account. An email or support request to cancel your Account shall result in cancellation. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information may in some cases, and depending on the specific product or service, be recoverable for a certain limited period of time (usually 30 days) once your account is cancelled. Please be aware that you can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.

We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice, including if we feel you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

We will use all reasonable efforts to contact You directly to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. ChitChattr shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

Content Ownership, Responsibility and Removal

ChitChattr does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Nevertheless, ChitChattr and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other intellectual property laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through the Services you hereby grant to ChitChattr a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, and distribute your User Content in connection with the following limited purposes:

(a) providing the Services to you and your organization as contemplated by this Agreement; and

(b) creating de-identified aggregated benchmark data.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by ChitChattr on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any contract by which you are bound, or of any applicable law or regulation.

You can remove your User Content by specifically deleting it, or by following procedures outlined in our Privacy Policy.

General Conditions

Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, or SERVICE AVAILABILITY. We also disclaim any warranties of our services being error-free or that errors (“bugs”) will be corrected. ChitChattr will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ChitChattr, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ChitChattr HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO ChitChattr FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of ChitChattr.

You agree not to export or collect, by any electronic or other means, email addresses or other information of other users of the Service for the purpose of sending emails or other unsolicited correspondence.

You agree not to act in a way that risks damaging, deactivating, or overloading the Service or its infrastructure.

You agree not to distribute anything containing a computer virus or any code, file or software program intended to interrupt, destroy or limit the functionality of the Service or its infrastructure.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

The failure of ChitChattr to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Use sets forth the entire understanding between you and ChitChattr as to the Service and supersedes any prior agreements between you and ChitChattr (including, but not limited to, prior versions of the Terms of Use). If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

You may not assign any of your rights in these Terms, and any such attempt is void, but ChitChattr may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. ChitChattr and you are not legal partners or agents; instead, our relationship is that of independent contractors

[Last Modified: 04 October 2019]