PanChat

About my services

Registration. You must register for my Services using accurate data, provide your current mobile phone number. You agree to receive text messages and phone calls (from me or third-party providers) with codes to register for my Services.

Address Book. You provide me the phone numbers of PanChat users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide me such numbers to allow me to provide my Services.

Age. You must be at least 13 years old to use my Services (or such greater age required in your country for you to be authorized to use my Services without parental approval). In addition to being of the minimum required age to use my Services under applicable law, if you are not old enough to have authority to agree to my Terms in your country, your parent or guardian must agree to my Terms on your behalf.

Devices and Software. You must provide certain devices, software, and data connections to use my Services, which I otherwise do not supply. For as long as you use my Services, you consent to downloading and installing updates to my Services, including automatically.

Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of my Services. I may charge you for my Services, including applicable taxes. I may refuse or cancel orders. I do not provide refunds for my Services, except as required by law.

Privacy policy and user data

PanChat cares about your privacy. PanChat’s Privacy Policy describes my information (including message) practices, including the types of information I receive and collect from you and how I use and share this information. You agree to my data practices, including the collection, use, processing, and sharing of your information as described in my Privacy Policy, as well as the transfer and processing of your information to the India, and other countries globally where I have or use facilities, service providers, or partners, regardless of where you use my Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Acceptable use of my services

My Terms and Policies. You must use my Services according to my Terms and posted policies. If I disable your account for a violation of my Terms, you will not create another account without my permission.

Legal and Acceptable Use. You must access and use my Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) my Services in ways that: (a) violate, misappropriate, or infringe the rights of PanChat, PanChat's, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and the like; or (f) involve any non-personal use of my Services unless otherwise authorized by me.

Harm to PanChat or PanChat users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit my Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm me, my Services, systems, PanChat users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from my Services; (b) send, store, or transmit viruses or other harmful computer code through or onto my Services; (c) gain or attempt to gain unauthorized access to my Services or systems; (d) interfere with or disrupt the integrity or performance of my Services; (e) create accounts for my Services through unauthorized or automated means; (f) collect the information of or about PanChat's in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for my Services; or (h) distribute or make my Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure. You are responsible for keeping your device and your PanChat account safe and secure, and you must notify me promptly of any unauthorized use or security breach of your account or my Services.

Third-party services

My Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses

Your Rights. PanChat does not claim ownership of the information that you submit for your PanChat account or through my Services. You must have the necessary rights to such information that you submit for your PanChat account or through my Services and the right to grant the rights and licenses in my Terms.

PanChat’s Rights. I own all logos, trade dress, trade secrets and other intellectual property rights associated with my Services. You may not use my domains, logos, trade dress, and other intellectual property rights unless you have my express permission and except in accordance with my Brand Guidelines.

Your License to PanChat. In order to operate and provide my Services, you grant PanChat a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through my Services. The rights you grant in this license are for the limited purpose of operating and providing my Services (such as to allow me to display your profile picture and status message, transmit your messages, store your currently sent messages in my servers, and otherwise as described in my Privacy Policy).

PanChat’s License to You. I grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use my Services, subject to and in accordance with my Terms. This license is for the sole purpose of enabling you to use my Services, in the manner permitted by my Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting third-party copyright, trademark, and other intellectual property infringement

To report claims of third-party copyright, trademark, or other intellectual property infringement, please contact me. I may terminate your PanChat account if you repeatedly infringe the intellectual property rights of others.

Disclaimers

YOU USE MY SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. I AM PROVIDING MY SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. I DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY ME IS ACCURATE, COMPLETE, OR USEFUL, THAT MY SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT MY SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. I DO NOT CONTROL, AND AM NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN PANCHAT USERS USE MY SERVICES OR THE FEATURES, SERVICES, AND INTERFACES MY SERVICES PROVIDE. I AM NOT RESPONSIBLE FOR AND AM NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF PANCHAT USERS OR OTHER THIRD PARTIES. YOU RELEASE ME FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

Limitation of liability

PANCHAT OR I WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH MY TERMS, ME, OR MY SERVICES, EVEN IF PANCHAT OR I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless PanChat or me from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of my Services, including information provided in connection therewith; (b) your breach or alleged breach of my Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by me in the defense or settlement of any Claim.

Dispute resolution

Forum and Venue. As a PanChat user, you agree that you will resolve any Claim you have with me relating to, arising out of, or in any way in connection with my Terms, me, or my Services (each, a “Dispute,” and together, “Disputes”) exclusively in the Indian District Court for the District of Junagadh or a high court located in Ahmedabad in Gujarat, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

Governing Law. The laws of India and the State of Gujarat govern my Terms, as well as any Disputes, whether in court or arbitration, which might arise between PanChat and you, without regard to conflict of law provisions.

Availability and termination of my services

Availability of My Services. My Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. I may discontinue some or all of my Services, including certain features and the support for certain devices and platforms, at any time. Events beyond my control may affect my Services, such as events in nature and other force majeure events.

Termination. I may modify, suspend, or terminate your access to or use of my Services anytime for any reason, such as if you violate the letter or spirit of my Terms or create harm, risk, or possible legal exposure for me, PanChat's, or others. The following provisions will survive any termination of your relationship with PanChat: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of my Services,” and “Other,”

Other

• Unless a mutually executed agreement between you and me states otherwise, my Terms make up the entire agreement between you and me regarding PanChat and my Services, and supersede any prior agreements.
• I may ask you to agree to additional terms for certain of my Services in the future, which will govern to the extent there is a conflict between my Terms and such additional terms.
• My Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject me to any regulations in another country. I reserve the right to limit my Services in any country.
• You will comply with all applicable Indian and non-Indian export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer my Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on India or non-Indian government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download my Services if you are located in a restricted country, if you are currently listed on any Indian or non-Indian restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
• My Terms are written in English (U.S.).
• Any amendment to or waiver of my Terms requires my express consent.
• I may amend or update these Terms. I will provide you notice of amendments to my Terms, as appropriate, and update the “Last Modified” date at the top of my Terms. Your continued use of my Services confirms your acceptance of my Terms, as amended. If you do not agree to my Terms, as amended, you must stop using my Services. Please review my Terms from time to time.
• All of my rights and obligations under my Terms are freely assignable by me to any of my affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and I may transfer your information to any of my affiliates, successor entities, or new owner.
• You will not transfer any of your rights or obligations under my Terms to anyone else without my prior written consent.
• Nothing in my Terms will prevent me from complying with the law.
• Except as contemplated herein, my Terms do not give any third-party beneficiary rights.
• If I fail to enforce any of my Terms, it will not be considered a waiver.
• If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from my Terms and shall not affect the validity and enforceability of the remaining provisions.
• I reserve all rights not expressly granted by me to you. In certain jurisdictions, you may have legal rights as a consumer, and my Terms are not intended to limit such consumer legal rights that may not be waived by contract.
• I always appreciate your feedback or other suggestions about PanChat and my Services, but you understand that I may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).