Updated as of June 10, 2024
Subscribers in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Rhode Island: You, the buyer, may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed, excluding Sundays and holidays. To cancel the subscription, users may request a refund by contacting Chatpac Member Services at [email protected], or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: Chatpac, Attn: Cancellations, 86-90 Paul Street, London, EC2A 4NE, United Kingdom. The Company's business is conducted, in part, at 86-90 Paul Street, London, EC2A 4NE, United Kingdom. You may have these terms of use e-mailed to you by sending a letter to Chatpac Terms Inquiries, 86-90 Paul Street, London, EC2A 4NE, United Kingdom. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service. If you subscribed through your Apple ID, refunds are handled by Apple, not Chatpac. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. For California subscribers only: In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Subscribers in Wisconsin: CANCELLATION AND REFUNDS. Right to Cancel. You are permitted to cancel this contract until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying Chatpac by any writing mailed or delivered to Chatpac at the address shown on the contract (Chatpac, Attn: Cancellations, 86-90 Paul Street, London, EC2A 4NE, United Kingdom.), within the previously described time period. If you do so cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by Chatpac and arrangements will be made to relieve you of any further obligation to pay the same. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service. If you subscribed through your Apple ID, refunds are handled by Apple, not Chatpac. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com.
Chatpac is owned and operated by Playsic, Ltd. If you have any questions or comments about these Terms of Service (TOS), please contact us at [email protected].
By downloading or using Chatpac you agree to these TOS, our Privacy Policy, and OUR Content and Conduct Policy. The Privacy Policy and the Content and Conduct Policy are each part of these TOS.
If you are under the age of 18, you may not download or use Chatpac. We do not knowingly collect or maintain information from children under age 13.
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR MEMBERS.
YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL, TEXT, SMS AND OTHER MESSAGES FROM US, AND AGREE THAT WE MAY USE YOUR EMAIL ADDRESS, PHONE NUMBER AND OTHER PERSONAL INFORMATION FOR THE PURPOSE OF INITIATING COMMERCIAL MESSAGES. Receiving these communications is a condition of using Chatpac and you will not be able to opt out of receiving them.
We reserve the right to change these TOS at any time. You are responsible to keep yourself apprised of any such changes. If we make any material change to the TOS, we will provide you with a Notice when you open Chatpac. If you object to any terms and conditions of the TOS or any subsequent changes or you become dissatisfied with Chatpac in any way, your only option is to delete your account. Your continued use of Chatpac after we post revised TOS means that you agree to the revisions.
You must be at least 18 years old to download Chatpac. By requesting to use, or using Chatpac, you represent and warrant that you are not required to register as a sex offender with any government entity.
Chatpac is free, but your Internet provider’s or mobile operator’s fees and rates may still apply.
Keep your password private and secure, and always remember to log off of Chatpac at the end of each session.
You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.
Chatpac is for your personal use only and you may not use it for any other purpose. You may not use Chatpac in connection with any commercial activity. Companies and other organizations may not become members of Chatpac nor use Chatpac without our express prior approval. We reserve the right to investigate any suspected unauthorized uses of Chatpac and we may take action in our sole discretion, including without limitation seeking legal, civil, criminal, or injunctive relief.
We may establish general practices and limits concerning use of Chatpac, including without limitation the number of days that we retain Content, the number and size of posts and messages you may send or receive, and the space we allot on our servers for your use. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content. We may terminate accounts that are inactive for an extended period of time.
You may not engage in any activity involving spam on Chatpac. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on Chatpac. Violations of this policy could subject you or your agents to civil and criminal penalties.
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR MEMBERS. We reserve the right, however, to conduct any criminal background check we deem appropriate, at any time and using available public records. BY AGREEING TO THESE TOS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
We care about your safety and have created a resource to help you use Chatpac. Please visit https://www.chatpac.com for important tips to help you stay safe online.
By Content we mean all data, text, software, music, sound, photographs, graphics, artwork, video, pictures, images, posts, broadcasts, messages or other materials of any kind, whether publicly posted or privately transmitted. Your Content is your sole responsibility. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish all of your Content. Except as set forth in our Privacy Policy, we are not responsible for any Content that you upload or transmit on Chatpac. We do not control the posted Content and, as such, we do not control its accuracy, integrity, quality or any other aspect. Under no circumstances are we liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.
You hereby grant us a perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license to use, distribute, reproduce, record, modify, adapt, process, combine, synchronize, create derivative works from, publish, publicly perform and publicly display such Content (including your user name and likeness) on Chatpac and elsewhere in any and all media or distribution methods (now known or later developed) for any promotional and other commercial purpose, whether by us, our partners or other third parties, in our sole discretion.
This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve Chatpac and to make Content submitted to or through Chatpac available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Chatpac.
We may use your feedback, comments and suggestions without any obligation to compensate you for them. We may continue to use and make available any and all Content and we will continue to have all of these rights even if your account is terminated.
You acknowledge and agree that we do not promise to screen Content, but that we have the right to do so. We have the right to remove any Content that violates the TOS or that we find objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content.
You may not reproduce, republish, further distribute or publicly exhibit any Content on Chatpac that is not yours.
You may purchase a subscription product (such as Chatpac Pro) in various packages, such as one-month, three-month, or six-month subscriptions. For all mobile subscriptions, payment will be charged to your iTunes or Google account when you confirm your purchase. Your subscription will renew automatically for the same amount of time as your original subscription unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription. This is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto-renewal by accessing your iTunes or Google account settings. You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.
Both Apple and Google facilitate “free trials” of subscription products (such as Chatpac Pro) for first-time users and we take advantage of that ability. For example, from time to time we offer a free initial week to first-time Chatpac Pro subscribers. Eligibility for any such trial is limited to users who have not previously subscribed to Chatpac Pro, through either a current or prior Chatpac account. If you are a previous Chatpac Pro subscriber and try to claim a free trial, you should be aware that Apple or Google may recognize your ineligibility. If so, you may not receive a free trial, but instead may be charged immediately for your first subscription month. This is a feature controlled by the Apple App Store or the Google Play Store, depending on which platform you use for Chatpac.
Purchases of Subscriptions are non-refundable and non-transferable, even if they expire or are discontinued. We may change the purchase price for Subscriptions at any time, as well as the features included in Subscriptions. We reserve the right to stop issuing Subscriptions at any time and to set expiration dates for Subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all unused Subscription time without refund or other compensation.
When you purchase or receive Virtual Currency products such as Credits or Diamonds you do not own them. Instead, you receive a limited right to use them for eligible services and merchandise on Chatpac such as Boost, Spotlight, First Class Chats, and the purchase of virtual Gifts for other users.
You may use Credits to purchase Gifts for other users of our app or other apps which are visible to you. The price for each Gift will be displayed at the point of purchase. Gifts constitute a limited license to access a certain feature on the Chatpac platform when, as, and if allowed by us. All sales of Gifts are final and we do not offer refunds for any purchased Gifts. We are not responsible for repairing or replacing Gifts, or providing you with any credit or refund in the event that we modify, suspend, or terminate the Gift program, or for loss or damage due to any service error, or any other reason.
Purchases of Virtual Currency and Gifts may not be sub-licensed and are non-refundable and non-transferable, even if they expire or are revoked or discontinued. We may change the purchase price for Virtual Currency or Gifts at any time, as well as the ways you can use Virtual Currency and Gifts. We reserve the right to revoke or stop issuing Virtual Currency and Gifts at any time without notice, refund, or compensation, and to set expiration dates for Virtual Currency and Gifts. Virtual Currency and Gifts may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all accumulated Virtual Currency (Credits, Diamonds, etc.) and Gifts without refund or other compensation. You agree that we will have no liability to you based on our exercise of our rights with respect to Virtual Currency and Gifts.
Gifts purchased or received by any user do not constitute property and are not transferable.
You have the right to terminate (or withdraw from) your subscription within fourteen (14) days of acceptance, for any reason. In addition, where required by law, your estate is entitled to claim a refund of the unused portion of your subscription if you die during the term of the subscription.
In order to exercise either of these rights, you (or, if applicable, your estate) must notify us by registered mail at Chatpac, 86-90 Paul Street, London, EC2A 4NE, Attention: Member Services, or by email at [email protected] with a clear declaration of your decision to terminate your subscription.
In order to meet the termination deadline, you should send us notification of your exercise of the right of termination prior to the expiration of the fourteen-day termination period.
If you terminate (or withdraw) from your subscription, we will refund the payments we have received from you, minus any amount of Virtual Currency that you have consumed. If you wish to terminate (or withdraw from) your purchase of Virtual Currency, we will refund the payments we have received from you, minus any amount of Virtual Currency that you have consumed. If you are an Android user, we will use the same means of payment that you used for the original transaction. If you are an iOS, personal computer, or mobile web user, we will refund you by paper check or PayPal if you provide the proper contact information to process these payments. In no case will you be charged for this refund.
Chatpac and the software used in connection with Chatpac contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, infringe or otherwise transfer or attempt to transfer any rights in the software. You may not modify the software in any manner or form or to use modified versions of the software. You may not access Chatpac by any means other than through any interfaces we provide.
You agree that we may communicate with you by email, text messaging, phone or otherwise; usually our communication will relate to administrative, security and other issues relating to Chatpac, including invitations to participate in promotional activities, newsletters and other communications. We may include in our communications advertisements and other third party promotional materials, campaigns and tools. Receiving these communications is a condition of your use of Chatpac, and you will not be able to opt out of receiving them. You may, however, block all communication from us by deleting your Chatpac account.
We may at any time and from time to time modify, restrict or discontinue Chatpac or any part of Chatpac, temporarily or permanently, with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of Chatpac.
We may without prior warning or subsequent notice terminate your account and access to Chatpac for any or no reason. We may decide to terminate your account for a number of different reasons, including without limitation (i) if you violate or fail to comply with the TOS, the Privacy Policy or other related agreements or guidelines, (ii) if you provide false information during registration or in your profile, (iii) if you do not use Chatpac for an extended period of time, (iv) by request of law enforcement or other government agencies, (v) for discontinuance or changes made to Chatpac or any part thereof, or (vi) technical or security issues or problems. We will make all termination decisions in our sole discretion and we will not be liable to you or any third party for any termination of your account or access to your Content or Chatpac.
Your correspondence or dealings with, or participation in promotions of, advertisers found on or through Chatpac, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. We are not responsible or liable for any loss or damage of any sort caused or alleged to be caused in connection with any such dealings or as the result of the presence of such advertisers on Chatpac. We will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.
Chatpac may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources and we are not responsible for their availability. We do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that we will not be responsible or liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
YOU USE CHATPAC AT YOUR SOLE RISK. WE PROVIDE CHATPAC ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
WE DO NOT GUARANTEE THAT CHATPAC WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT CHATPAC WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) CHATPAC WILL MEET YOUR REQUIREMENTS, (2) CHATPAC WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF CHATPAC WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH CHATPAC WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH CHATPAC IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANOTHERS’ DEVICE OR COMPUTER OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT CONTROL THE CONDUCT OF CHATPAC’S USERS AND THEREFORE CANNOT BE RESPONSIBLE FOR ANY HARM THEY MAY CAUSE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND INCLUDING WITHOUT LIMITATION RESULTING FROM: (1) THE USE OR THE INABILITY TO USE Chatpac; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM CHATPAC; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CHATPAC; OR (5) ANY OTHER MATTER RELATING TO CHATPAC.
OTHER USERS OF CHATPAC WITH WHOM YOU ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST US IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOS OR NOT.
WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER ON CHATPAC. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OR ANY USER OF CHATPAC.
WE ARE NOT LIABLE FOR ANY LOST OR DELETED INFORMATION OR DATA, WHETHER INTENTIONAL OR UNINTENTIONAL, NOR FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID CHATPAC FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100) USD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE WARRANTY LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU WILL INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, THAT WE (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR ACTIONS AND/OR ANY INFORMATION OR CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH CHATPAC, YOUR ACCESS AND USE OF CHATPAC, YOUR CONNECTION TO CHATPAC, YOUR VIOLATION OF THE TOS, YOUR TRANSMISSION OF OTHER USERS’ INFORMATION OR CONTENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Unless prohibited by local law, this Agreement is governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, the Arbitration Agreement of this Agreement (below) shall be governed by the Federal Arbitration Act. Any action to compel arbitration, or challenging the enforceability or applicability of the arbitration provisions herein, must be filed in the federal or state courts of Delaware. Any action filed in any other court shall be transferred to, or dismissed without prejudice for refiling only in, the federal or state courts of Delaware, after removal to the appropriate federal court, if applicable, for determination by the Delaware federal or state court as to whether the action should be stayed pending, or otherwise referred to, arbitration. Any claims that are not referred to arbitration must be adjudicated exclusively in the federal or state courts of Delaware. For such claims, the federal and state courts of Delaware shall have exclusive personal jurisdiction and venue over you and us, and you and we waive any objection based on inconvenient forum. If either party files suit in any court other than the federal or state courts of Delaware, in deciding whether to transfer or dismiss the action, or otherwise give effect to this provision, the court shall apply the standard set forth in Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas , 571 U.S. 49 (2013). The parties also agree that transfer or dismissal cannot be denied based on inconvenience to the parties, piecemeal adjudication of the claims, a risk of inconsistent findings of law or fact, the presence of other parties who are not party to these terms, or any other private or public consideration.
Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Agreement (as set forth below) is held to be unenforceable, you and we agree that any claims or disputes that you or we have against each other must be resolved in the federal or state courts located in Delaware to the extent permissible by applicable law. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of Delaware law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Chatpac or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Purpose: This section of the Agreement (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and Chatpac Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all Disputes between you and Chatpac shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your and our right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “Chatpac” means Playsic Ltd. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Chatpac regarding any aspect of your relationship with Chatpac, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND CHATPAC EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Pre-Arbitration Dispute Resolution: For all Disputes, you and we must first give each other an opportunity to resolve the Dispute before commencing arbitration. You must commence any Dispute you have with us by mailing written notification to Chatpac, 86-90 Paul Street, London, EC2A 4NE, UK. That written notification must include (1) your name, (2) your address, (3) your phone number, (4) your email address used to create your Chatpac account, (5) a written description of the Dispute, (6) a description of the specific relief you seek, and (7) your personal signature. If Chatpac does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. We must commence any Dispute we have with you by sending you a written notification to the email address used to create your Chatpac account that includes a written description of the Dispute and a description of the specific relief we seek. If the Dispute is not resolved to our satisfaction within 45 days after you receive our written notification, we may pursue our Dispute in arbitration. Either party may communicate directly with the other in an effort to satisfy or resolve any Dispute, including by communicating any offers or demands. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Chatpac may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. However, this shall not preclude the application of the Mass Filing section below. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. However, this shall not preclude the application of the Mass Filing section below.
In the event of a mass filing (defined in the section titled Mass Filing below), the procedures, fees, and costs described in the Mass Filing section will govern notwithstanding any applicable rule of the arbitration provider to the contrary.
Because your contract with Chatpac, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration: The arbitration may be heard in Philadelphia, Pennsylvania, as otherwise required by the arbitration provider’s rules, or in another location mutually agreed to by the parties. The parties may appear via teleconference as though they were appearing in person unless otherwise ordered by the arbitrator.
Payment of Arbitration Fees and Costs: The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim. The arbitration provider may also impose such obligation on the claimant’s attorneys. Fees, costs, and sanctions may also be awarded in the arbitration against a party of a party’s attorney as provided pursuant to applicable law. You may qualify for a waiver of certain arbitration costs under the arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, Delaware state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Chatpac will pay the filing fees for you.
Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action), except as set forth in the Mass Filing section below, unless both you and Chatpac specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other member or user of the Chatpac services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding, except as set forth in the Mass Filing section below.
Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Chatpac are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Chatpac might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You and we give up those rights. Other rights that you or we would have if you or we went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above and Mass Filing clause below) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver or Mass Filing clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
Continuation: This Arbitration Agreement shall survive the termination of your contract with Chatpac and your use of the Chatpac services.
Mass Filing: If, at any time, 25 or more similar demands for arbitration are asserted against us or related parties by the same or coordinated counsel or entities, or if we assert 25 or more similar demands for arbitration or counterclaims against similarly situated parties, within a period of 60 days or otherwise close in proximity (“Mass Filing”), the additional protocols set forth below shall apply:
Acknowledgment of Mass Filing Protocols. If you or we, or you or our counsel, files a demand for arbitration that fits within the definition of Mass Filing referred to above, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the bellwether proceedings.
Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither you nor Chatpac will be required to pay any such filing fees. You and Chatpac also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre- hearing conference.
Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the remaining claims shall proceed in court unless the parties agree to an alternative procedure. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
Arbitration Provider’s Authority to Apply Mass Filing Rules. Notwithstanding this Mass Filing section, if a series of arbitration demands is determined by the arbitration provider not to constitute a Mass Filing pursuant to this Arbitration Agreement, but such demands constitute a mass filing pursuant to the arbitration provider’s mass filing rules, the arbitration provider may apply its mass filing rules, procedures, and fees.
Enforcement of Subsection. A Court of competent jurisdiction located in federal or state court in Delaware shall have the power to enforce this Mass Filing section.
Unavailability: If for some reason AAA is not available to administer the arbitration and you live in California, the arbitration will be administered by ADR Services, Inc. pursuant to its then in-effect arbitration rules and procedures, available at https://www.adrservices.com/services-2/arbitration- rules/. If for some reason AAA is not available to administer the arbitration and you live outside of California, the arbitration will be administered by National Arbitration and Mediation pursuant to its most current Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms, or under its most current Supplemental Rules for Mass Arbitrations, as applicable, available at https://www.namadr.com/content/uploads/2021/12/SupplementalRules12.22.21.pdf. If none of these arbitration providers is available, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this arbitration agreement, including those regarding mass filings, the parties will select an alternative arbitral forum, with comparable fees and procedures for mass filings, if applicable. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this arbitration agreement, including those regarding mass filings, if applicable. If no such arbitration provider is available, the dispute shall be resolved in state or federal court in Delaware.
We respect the intellectual property of others and ask our users to do the same. We may, in our sole discretion, disable or terminate the accounts of users whom we believe may be infringing the intellectual property rights of others.
If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please provide claims of copyright or other intellectual property infringement to us at [email protected]. We will consider the information you provide and other information we may obtain, and we may remove Content that we determine may infringe on your rights in our sole discretion.
You may not use Chatpac where prohibited by law, and you agree to comply with all local rules regarding online conduct and acceptable content. These TOS are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles. Our failure or delay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid by an arbitrator or pursuant to the disputes section above or a court of competent jurisdiction, you nevertheless agree that the arbitrator or court should endeavor to give effect to our intentions as reflected in these TOS. The other provisions of the TOS shall remain in full force and effect.
These TOS were written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.
You can delete your account by going to Settings and clicking the tab to delete your account.
If you have questions regarding these Terms of Service, please contact us.
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Address: |
Chatpac |
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86-90 Paul Street, London, EC2A 4NE |
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Attn: Legal Department |
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Web: |
www.chatpac.com |
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Phone: |
415-547-0036 |
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Email: |
