Chatloop™ Terms of Use

Welcome to Chatloop’s Terms of Use. We have tried to keep these Terms of Use short and clear, but they are important so please read them carefully.

You will be asked to accept these Terms of Use when you enter the App. If you do not agree with these terms, you will not be able to use the App.

These Terms of Use, together with our Privacy Policy, set out the rules which govern our relationship with you in relation to our App (together our Terms). These Terms apply to you if you use our App and are legally binding. You may want to print them out or save them on your device in case you ever want to come back to them in the future. They can also be found on our website or by following the links within the App directly.
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We are Chatloop Ltd. (also referred to as “we”, “us”, “our” and “Chatloop”). We are a registered company in England and Wales with number 13099175. Our registered office is at The Express Building, 9 Great Ancoats, Manchester, M4 5AD.

If you have any questions relating to these Terms please email us at legal@chatloop.com.

The Chatloop App is an independent web browser that allows its authenticated users the ability to create and engage in immersive content within its community by “looping” each other in to contextual conversations, anywhere on the internet. These loops may be public or private depending on the nature of the content the user wishes to drop.

The App also provides a platform for users to engage in private, end-to-end encrypted communication.

Please be aware that internet transmissions may never be completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

To ensure security of the App and its users, we have introduced a facial liveness feature. This will authenticate all subscribed users to be “real” for the purpose of keeping the platform free of bots and to allow us to remove abusive actors from the App permanently. This liveness check will be held on record within our database and only ever used in accordance with our Privacy Policy. If you do not wish to use the facial liveness feature you can provide us with appropriate identification documentation (issued by a government authority) by emailing us at the address we provide when you set up your account. Please note that we reserve the right to decline your subscription if we are not able to satisfactorily authenticate your identity.

We welcome all users to the Chatloop platform however, only those who comply with the below criteria will be able to use the App:
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• You MUST agree to comply with our Terms;
• You MUST not be barred from using the App under law or by us; and
• You MUST be either over 18 years and 1 month old or a legal entity recognised by law.
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There are two versions of the App available. A free version and a subscribed version.

You will be responsible for complying with these Terms, whether or not you own the phone or device and you accept responsibility for the use of the App on or in relation to any device whether or not it is owned by you.

You must only use and access the App on your own behalf and not on behalf of anyone else. If asked to by others, please ask them to sign up on their own behalf if they wish to use the App.

For the App to function correctly, we encourage you to have the minimum operating requirements and latest software updates installed as we may communicate to you from time to time.

To use the App, you must register an account with us.

As part of this we will ask you for your name,date of birth, email address and that you create a unique username and password.

We also require you to complete a facial liveness check.

In order to build out the profile you share with your loopers, you may choose to provide us with special category data relating to your philosophical beliefs, race, sexual orientation and medical history.This data will only ever be used in accordance with the terms set out in our Privacy Policy.

Providing false contact information to us of any kind may result in the suspension or termination of your account. You must notify us if your email address, mobile telephone number or any other information provided to us changes so that we can update our records and maintain the security of our communications to you.

You must not reveal or share your login details with anyone else. They should be kept safe at all times and all reasonable steps should be taken to prevent any unauthorised use of your login details. If your login details are lost or stolen, or you believe that someone else may know your login details, you should change your password and tell us immediately so that we can change or disable your login details if necessary.

We may ask you to, or we ourselves may, change your login details at any time and for any reason, for example security or technical reasons.

If you no longer wish to use the App you can de-activate the account by going to;

Profile Icon - Settings– Your Account – Deactivate Account

Your account will automatically be de-activated and to use the full service of the platform again, you will need tore-register. Subscriptions to the App are controlled by the respective App store that serves your device and therefore you must ensure that the subscription is cancelled through that service as well. Failure to do so may result in you continuing to be charged a monthly or annual fee.

You must only use the App for lawful purposes and in accordance with these Terms, particularly the provisions we set out below.

You must not access or use the App, or the content made available through the App, in any way which is unlawful or inconsistent with these Terms. In particular, you cannot use the App to;

• Fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
• To access or interfere with another user's account or information;
• To impersonate another person or create or use a false identity or contact details;
• To transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
• In any way that is not authorised by us or is detrimental to us, our other users or our third party service providers;
• In a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• To collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App;
• To rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part, to any person unless you get written permission from us first;
• To copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• To translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms; or
• To disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things.

We provide access to the App to enable safe, contextual conversations. As such, we do not condone any behaviors whilst using the App which may put at risk people’s safety, privacy or authenticity. Accordingly, in addition to the provisions above, you must also comply with the following terms when using the App:

• You must not use the App to threaten violence against any individual or group of people, nor should you use the App for the glorification of violence;
• You must not use the App to threaten or promote terrorism or violent extremism;
• Use of the App for any form of child sexual exploitation is expressly prohibited;
• You must not use the App to promote violence against, threaten or harass others on the basis of race, ethnicity, national origin, caste, sexual orientation,gender, gender identity, religious affiliation, age, disability or serious disease;
• You must not use the App to promote or encourage suicide or self-harm;
• You must not post content that is excessively gory or share violent or adult content whilst using the App. Any content depicting sexual violence and/or assault is also prohibited;
• You must not use the App for any unlawful purpose or in furtherance of illegal activities. This includes selling,buying or facilitating transactions in illegal goods or services;
• You must not publish or post other people’s private information (e.g. their home phone number and address) without their consent;
• You must not use the App in a manner that artificially amplifies or suppresses information or which manipulates or disrupts other people’s experience using the App; and
‍• You must not use the App to infringe the intellectual property rights of others,including copyright and trade marks.

We are giving you personally the right to use the App. You must not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must first remove the App from it. The App is made available to you on a non-exclusive, non-transferable basis and you cannot make money from your use of the App unless we otherwise agree.

You are responsible for your use of the App and for any content you provide or link to on the App.

You should only provide content that you are comfortable sharing with others and any use or reliance on any content or materials posted via the App or obtained by you through the App is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the App or endorse any opinions expressed via the App.

You understand that by using the App, you maybe exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the user who originated such content. We will use reasonable efforts to monitor and control the content posted via the App but we cannot take responsibility for such content.

If you see any content or use of the App which you believe breaks these Terms, or you believe that your content or account has been copied in a way that constitutes copyright infringement or impersonation,you should report this to us via the reporting system within the App.

We may end your access to the App and/or suspend or terminate your Chatloop account at any time if you break these Terms or if we suspect you have used the App in an unauthorised or fraudulent way.

We will make reasonable efforts to tell you before we do this but we can do so with immediate effect. If what you have done can be put right, we will give you a reasonable opportunity to do so.

In addition, we reserve the right to remove any content shared or posted by you that violates the Terms and including for example, copyright or trade mark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

We may end your access to the App and/or your account at any time if we stop providing the App or if you break these Terms.In this case, we will use reasonable efforts to notify you before we do this.

If we end your rights to use the App:
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• You must stop all activities authorised by these Terms, including your use of the App;
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
• We may remotely access your devices and remove the App from them..
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In such instances, we are not liable to you for the cost of any content purchased by you through the App which you are no longer able to access or use as a result of your account being deleted or suspended.

Please read the provisions of this section carefully as they exclude or limit our liability for any losses suffered by you in connection with your use of the App.

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited under applicable law.

Exclusions and limitations of our liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our App or any content on it, whether expressed or implied.

We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable to you or any third party for any loss or damage, whether in contract, tort(including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
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• Use of, inability to use or unavailability of the App (or any part of it);
• Use of any products, data, information or services accessed or obtained, or messages received or transactions entered into,through or from the App, including use of or reliance on any content displayed on or made available through our App;
• Unauthorised access to or alteration of your transmissions or data; or
• Any inaccuracy or incompleteness of any information received by you or by us through the App.
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We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and u sat the time you accepted these Terms.

Except for any liability that we cannot legally exclude or limit, our total aggregate liability for any losses or damage suffered by you in connection with the App or these Terms will be limited to £100.

Use of the App is at your own risk

We try to ensure that all content provided by us on the App is accurate. However, we don’t guarantee that all the information in the App is up to date or accurate at all times and we accept no liability for inaccuracies or omissions. Any reliance that you may place on the information on the App is at your own risk. We recommend that you check the accuracy and completeness of any information before relying on it.

In addition, although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our App is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our App.

You are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary.

If you download our App or other digital content provided by us and you suffer damage to your device or other digital content you own because we have not exercised reasonable care and skill in creating such digital content, you may be entitled to compensation or repair at our expense pursuant to your statutory rights.

The App is provided on an 'as is' and 'as available' basis. We do not guarantee the availability of the App.

As with any service over the Internet or mobile network, there are factors over which we have no control, for which we cannot accept liability. We may suspend, withdraw or restrict the availability of all or any part of the App where we consider that this is necessary for maintenance or any other business or operational reasons without any prior notice or liability to you.

Third party providers

You acknowledge that when you use our App to access to third party content or services, we are not responsible for those third party providers.

We do not accept any responsibility or liability to you for any loss or damage, whether in contract,tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, for any acts, omissions, errors or defaults of any third party.

The App contains links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites,including whether to buy any products or services offered by them.

We make our App available on the Google Play Store and the Apple App Store. The ways in which you can use the App may be controlled by the applicable App store provider. We encourage you to read the rules and policies of that provider and ensure that you comply with them. If there are any differences between these terms and the App store provider’s policies, the latter will apply.

You acknowledge that these terms are concluded between you and us, and not with the App store provider. We are solely responsible for the App and its content, not the App store provider. The App store provider has no liability whatsoever to you under these terms or in relation to the App.

All intellectual property rights in the App and any related content throughout the world belong to us (or our licencors) and the rights in the App are provided as a service (and are not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use it in accordance with the Terms.

You retain your rights to any information, data or other content you submit, post and display, on or through the App (the Content).

By submitting, posting or displaying Content on or through the App, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sub license) to use, copy, reproduce, process, adapt,modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, promoting and translating).

This licence authorises us to make your Content available to the rest of the world and to let others do the same. You agree that this licence includes the right for Chatloop to provide, promote, and improve the App and to make Content submitted to or through the App available to other companies, organizations or individuals to Loop or for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our Terms.

Such additional uses by Chatloop, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the App and the use of the App by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

You must not use our App in a way that infringes our copyrights or other intellectual property rights or those of any third party. You must not remove, alter, or obscure any copyright, trade mark or other proprietary notices appearing in or on the App.

You represent and warrant that you have, or have obtained, all rights, licences, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the App.

You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Chatloop the licence described above.

Changes to these Terms. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce or for any other valid reason. We will notify you of any change in a manner we deem appropriate. If you do not accept the notified changes, you may not be permitted to continue to use the App.

Updates to the App. From time to time we may automatically update the App to improve performance, enhance functionality,reflect changes to the operating system or address security issues.Alternatively, we may ask you to update the App for these reasons. We may also withdraw the App or any part of it at any time and we’ll use commercially reasonable efforts to notify you in such event. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

We may collect data about you or your device. By using the App, we may collect technical information about the devices you use the App on and related software, hardware and peripherals, along with personal data about you.Any personal data we collect will be for the purposes set out in our Privacy Policy. We will handle any personal data in accordance with that Policy.

Transferring this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties. If you have downloaded our App from the Apple App Store, you acknowledge that Apple may enforce the provisions of these terms against you as a third-party beneficiary in accordance with the Contracts (Rights of Third Parties) Act 1999. Otherwise,nothing in these terms is intended to confer on any third party any right to enforce any term of these Terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing the Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Our agreement with you. The Terms constitute the whole agreement and understanding between you and us in relation to the use of our App. Except in case of fraud, all previous agreements, understandings,undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these terms or your use of our App are superseded, except as otherwise expressly stated in these terms.

Which laws apply to this contract and where you may bring legal proceedings. The laws of England apply to these Terms,although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live. Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of any other country in which you live.

Last Updated: January 2023

Chatloop™ Terms of Use

1. WHO ARE WE AND HOW TO CONTACT US

2. HOW OUR APP WORKS

3. WHO MAY DOWNLOAD AND USE THE APP

4. REGISTERING AN ACCOUNT WITH US

6. DE-ACTIVATING YOUR ACCOUNT

7. YOUR USE OF THE APP

8. ENDING YOUR ACCESS TO THE APP

9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

10. INTELLECTUAL PROPERTY RIGHTS

11. GENERAL