Terms of Use

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.gia.chat website, the GiaChat SMS text messaging and app service (collectively, the “Service”) operated by GiaChat (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of GiaChat and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GiaChat.

Third-Party Services

Our Service may contain links and use third-party websites or services that are not owned or controlled by GiaChat.

GiaChat has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. GiaChat uses third party services that declare their own Terms and Conditions.

You acknowledge and agree that GiaChat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

SMS Text Messaging

By using GiaChat’s SMS text messaging feature, you acknowledge and agree to the following:

1. Message and data rates may apply: You understand that message and data rates may apply to any messages sent or received through GiaChat, and you are responsible for any fees or charges that may be incurred as a result of your use of the Service. Please consult your mobile service provider for details regarding your specific plan.

2. Consent to receive messages: By providing your phone number and using GiaChat’s SMS text messaging feature, you expressly consent to receive SMS text messages from us. You understand that your consent is not required as a condition of using the Service.

3. Opt-out: If you wish to stop receiving SMS text messages from GiaChat, you can do so at any time by following the instructions provided in the messages or by contacting us directly.

4. Limitations and disruptions: You acknowledge that the SMS text messaging feature may be subject to limitations and disruptions beyond our control, such as network outages or carrier-related issues. We are not responsible for any delays, failures, or other issues that may arise due to such circumstances.

5. No warranties: GiaChat’s SMS text messaging feature is provided on an “as-is” basis without any warranties or guarantees, either express or implied. We disclaim all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.

Privacy and Data Usage

By using GiaChat, you agree to the collection, storage, and use of your personal information and data in accordance with our Privacy Policy. We may collect, store, and use your personal information to provide and improve the Service, but we are not responsible for the protection of your data from unauthorized access or disclosure. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for maintaining the confidentiality of any login information associated with your use of GiaChat.

Please note that we may share aggregated, non-personally identifiable information with third parties for the purpose of improving our Service. We may also share your personal information with third parties when required by law, or when we believe in good faith that it is necessary to protect our rights or the rights of others.

By using GiaChat, you acknowledge that we are not responsible for any unauthorized access, loss, or disclosure of your personal data, and you agree to hold us harmless for any such occurrences.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify, and hold harmless GiaChat and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation of Liability

In no event shall GiaChat, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

GiaChat and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@gia.chat.