Effective as of: May 4, 2025
This TERMS OF USE agreement is a legal agreement between you and FL33T LLC (“Company,” “we,” or “us”). The following TERMS OF USE (“TERMS” or “Agreement”), together with any documents they expressly incorporate by reference, outline and govern your access to and use of the Company’s mobile application (“Chatorama”) and the Company’s website located at www.gochatorama.com (the “Website”) and any content, functionality, and services (collectively, the “Services”) offered or available on or through Chatorama and the Website.
Please read the TERMS carefully before you use the Services. By downloading the Chatorama mobile application, accessing the Website, or using any of the Services enabled by Chatorama or the Website, you acknowledge that you have read, understood, and agree to be bound and abide by the TERMS (including any additional guidelines and future modifications) and the Company's PRIVACY POLICY, which is incorporated herein by reference and can be found at www.gochatorama.com/PRIVACY-POLICY/. If you do not agree to the TERMS or PRIVACY POLICY, you must not access or use the Services and must immediately terminate your access or use of the Services.
The Services are intended and available to users who are 18 years of age or older. No one under 18 years of age is allowed to access or use the Services. In the event that the information you provide in this regard is not truthful, the Company shall not be liable as it cannot verify the age of its users. By using the Services, you confirm that you are of legal age (at least 18 years of age) to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services.
ARBITRATION NOTICE: PLEASE READ THE ARBITRATION PROVISION INCLUDED IN THE TERMS AS IT IMPACTS YOUR RIGHTS WITH RESPECT TO DISPUTE RESOLUTION. YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.
THIRD PARTY SERVICES AND MATERIALS
The Services make available services, features, information, content provided by third parties, including, but not limtied to, users, publishers, licensors, and aggregators. By using a service or feature that is provided by a third party and made available through the Services, you agree that each party's terms will govern the respective party's relationship with you. Please refer to the terms and conditions and privacy policy of the respective third party service providers. We are not responsible or liable for any third party's terms and conditions and privacy policy or actions taken under any third party's terms and conditions and privacy policy. All information, statements or opinions contained in materials provided by third parties is the sole responsibility of the person or organization providing them. We are not responsible or liable for any materials, or any loss or damage of any kind resulting from any materials that others provide through the Services. We do not guarantee the truthfulness, accuracy, legality, copyright compliance, or reliability of, nor endorse any of the opinions expressed in, materials provided by third parties through the Services. You acknowledge that all content made available through the Services is the sole responsibility of the party from whom such content originated. We have no obligation to pre-screen any content. You use all user content and interact with other users at your own risk.
CHANGES TO THE TERMS OF USE
We reserve the right to modify and update the TERMS at any time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services afterwards. It is your responsibility to check this Website for changes to the TERMS. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised TERMS. If you do not agree to the new TERMS, you must not access or use the Services.
We may also terminate this Agreement with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services.
MODIFYING SERVICES
We may suspend or stop the Services at any time, for any reason, and without advanced notice. We may modify, add or remove features or functionalities of the Services at any time, for any reason and without advanced notice. We will not be liable if for any reason the Services are unavailable at any time or for any duration.
LICENSE GRANT
Subject to your compliance with the TERMS, we grant you a personal, non-commercial, limited, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Chatorama mobile application and the Services on your mobile device.
You must not copy, modify, distribute, republish, store, transmit, or create derivative works based on materials available through the Services.
You must not reverse engineer, decompile, disassemble, or attempt to identify and reconstruct source code of the Chatorama mobile application or the Services.
You must not sell, lend, lease, sublease, license, sublicense, rent, or distribute any part of Chatorama or the Services.
You must not remove or alter any trademark, copyright, or other proprietary notices found on or through the Services.
You must not interfere with the proper working of the Servies or interfere with any other party’s use of the Services.
You must not attack Chatorama or the Services via a denial-of-service attack or a distributed denial-of-service attack.
You must not create, proliferate or otherwise make available in any way viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
You must not use any spider, robot or automatic means to access or use the Services for any purpose.
All rights not expressly granted herein are reserved.
PURCHASES
Chatorama gives you the ability to purchase digital products, also known as “in-app product(s)”, using the Google Play billing system. Chatorama offers one-time in-app products (“coins”) that can be purchased with a single charge to your Google Play payment method. One-time products can be bought more than once on Google Play. When you successfully complete a payment, a fixed number of coins are dispensed to you to be used in the app. Your Google Play account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your Google Play account. Any in-app product balance shown in your account has no monetary value, does not constitute currency or property of any type, and cannot be redeemed or exchanged for money. In-app products are non-transferable under any circumstances. We may manage, revise, control, modify, or eliminate the specifications, content, pricing, descriptions, benefits, or features of any in-app products at any time. We reserve the right to immediately suspend, discontinue, or terminate your access to in-app products, partially or fully, at any time and for any reason, at our sole discretion, without prior notice, refund, or liability to you. We shall have no liability to you or any third party in the event that we exercise any such rights.
ALL PURCHASES AND REDEMPTIONS OF IN-APP PRODUCTS MADE AVAILABLE ON OR THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-APP PRODUCTS IN THE EVENT OF AN ACCOUNT CLOSURE OR SUSPENSION, WHETHER SUCH CLOSURE OR SUSPENSION WAS VOLUNTARY OR INVOLUNTARY.
SAFETY AND CONTENT STANDARDS
By using the Services, you agree to:
Not use the Services for any purpose that violates any applicable local, state, federal, national or international law or regulation.
Not use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
Not use the Services to generate or share content that is pornographic, sexually explicit, gory, or graphic in nature.
Not use the Services to generate or share content that contains a threat of any kind, including threats of physical violence.
Not use the Services to generate or share content that is deemed hatefull, defamatory, or discriminatory, including discrimination on the basis of someone’s race, religion, gender, sexuality, disability, or age.
Not use the Services to generate or share content that is intended to harass, harm, hurt, scare, distress, embarrass, or upset others.
Not use the Services to generate or share content that contains guns or any other weapons, promotes illegal substances, promotes crime or violence, or advocates any unlawful act.
Not use the Services to infringe any patent, trademark, copyright, or other intellectural property.
Not use the Services to transmit, or procure the sending of, any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, or any other prohibited form of solicitation.
Not use the Services to generate or share content that contains personal or contact information about any other person without their prior authorization.
Not use the Services for any activity that is fraudulent, misleading, or deceptive.
INAPPROPRIATE CONTENT AND REPORTING USERS
Chatorama does not tolerate any content or behavior that violates the TERMS or is deemed inappropriate by other users on our Services.
Our goal is to maintain a positive and respectful community. We encourage you to report any user content or behavior that violates the TERMS or that you deem inappropriate. You can report a user by clicking the “exclamation” icon located in the bottom left corner of the screen during a video chat.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and partners, and its and their respective directors, officers, employees, contractors, agents, and suppliers, from and against any claims, actions, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from, arising out of, or in connection with: (a) your access to or use of the Services; (b) your content; or (c) your violation or breach of this Agreement.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SHAREHOLDERS, AGENTS, PARTNERS, AND SUPPLIERS WILL NOT BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, DATA, GOODWILL, OR OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONTENT OR CONDUCT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
PERMITTED TIME TO FILE A CLAIM
Any claim or cause of action arising out of or related to this Agreement, the Services, or the PRIVACY POLICY must be filed within (1) year after the claim or cause of action accrues, otherwise that claim or cause of action is permanently barred.
NO WARRANTY
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, TERMS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALIY, CORRESPONDENCE WITH DESCRIPTION, TITLE, AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (4) ANY CONTENT OR INFORMATION OBTAINED ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE, (5) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT THE CONTENT OR INFORMATION TRANSMITTED OR OBTAINED ON OR THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT OR INFORMATION THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT OR INFORMATION THAT MIGHT BE ILLEGAL, OFFENSIVE, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM ANY CONTENT OR INFORMATION TRANSMITTED OR OBTAINED ON OR THROUGH THE SERVICES.
ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES THAT ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION. THIS MAY IMPACT YOUR RIGHTS WITH RESPECT TO DISPUTE RESOLUTION.
Arbitration Agreement. All claims and disputes arising under or relating to your use of the Services or the TERMS, including without limitation all statutory claims, common law claims, and those based in contract, tort, misrepresentation, fraud, or any other legal theory, will be settled by binding individual arbitration and not through litigation in any court (except in small claims court if the claim proceeds on an individual basis). This Arbitration Agreement does not govern any claim by the Company for infringement of its intellectual property.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. You and the Company are each waiving the right to a trial by jury or to participate in a class action. This Arbitration Agreement will survive any termination or expiration of the TERMS or your relationship with the Company.
The arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules (the "AAA Rules") in effect at the time the arbitration claim is filed. If there is a conflict between those rules and this Arbitration Agreement, the TERMS and the Arbitration Agreement will control. If the AAA is unable to arbitrate for any reason, the parties will agree to select an alternative neutral arbitrator, pursuant to the AAA rules of procedure.
Authority of Arbitrator. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and the TERMS (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Right to Opt Out. You may opt out of this Arbitration Agreement by sending an email to support@gochatorama.com no later than thirty (30) days after the first time you access or use the Services. The email must include a clear statement advising us of your decision to opt out of this Arbitration Agreement, as well as your full name, physical address, and email address you use to access the Servies. If you opt out of this Arbitration Agreement, all other parts of the TERMS will continue to apply to you.
Waiver of Jury Trial. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited.
Waiver of Class or Consolidated Actions. YOU AND THE COMPANY AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR PERSON. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND TO BE UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID.
GENERAL PROVISIONS
Governing Law. These TERMS and any claims and disputes (whether contract, tort or otherwise) arising out of or relating to these TERMS or their subject matter, except to the extent they are preempted by U.S. federal law, will be governed by the laws of Pennsylvania without giving effect to any conflict of law principles.
International Users. The Company is based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
Electronic Communications. The communications between you and the Company use electronic means, whether you access or use the Services or send and receive emails. For contractual purposes, you (a) consent to receive communications from us in an electronic form and (b) agree to enter into agreements with us electronically.
Waiver. Any waiver or failure to enforce any provision of these TERMS on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of these TERMS is found invalid or unenforceable, that provision shall be removed or limited to the minimum extent and the remaining portions shall remain in full force and effect.
Entire Agreement. This Agreement constitutes the final, complete, and exclusive agreement between you and the Company with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
