Please read these Terms carefully. By using CHATVISTA or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
Last updated: 24/09/2023
Through the CHATVISTA software product, Odasso Carlo (“CHATVISTA”) provides website operators and other individuals with a number of tools and resources (including this website) to enable them to create, publish, and manage mobile applications (the “Services”). The following terms and conditions govern all use of the Services and all content, services and products available at or through the CHATVISTA website (taken together, the Website).
The Website and Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CHATVISTA’s Privacy Policy) and procedures that may be published from time to time on this Website by CHATVISTA (collectively, the “Agreement”).
By posting updated versions of the Agreement on the Website, or otherwise providing notice to you, CHATVISTA may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the CHATVISTA website. Your continued use of the Services will constitute your acceptance of the variation to the Agreement. CHATVISTA will use reasonable efforts to make you aware of any changes to the terms of this Agreement. Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CHATVISTA, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 1 years old.
1. Your Account and Mobile App.
If you create an app on the Website, you are responsible for maintaining the security of your account and app, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the app.
You must not describe or assign keywords to your app in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and CHATVISTA may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause CHATVISTA liability.
You must immediately notify CHATVISTA of any unauthorized uses of your app, your account or any other breaches of security. CHATVISTA will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
The applications created using the Services will have to meet rules of the relevant app stores and marketplaces and in particular Apple’s App Store and Google Play. CHATVISTA does not guarantee in any way that apps built using the Services will be approved for publication by any third party.
2. Responsibility of Contributors.
If you operate an app, comment on your app, post material to your app, post links on the app, or otherwise make (or allow any third party to make) material available by means of the service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content.
That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- the Content is not aggregated or copied from third party sites, even if the source is mentioned, unless proof of authorization from the original content owner can be provided;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your app is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other apps and websites, and similar unsolicited promotional methods;
- your app is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your app’s name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by CHATVISTA or otherwise.
By submitting Content or graphic materials (e.g. your logo) to CHATVISTA for inclusion on your app, you grant CHATVISTA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content and materials solely for the purpose of displaying, distributing and promoting your app.
Without limiting any of those representations or warranties, CHATVISTA has the right (though not the obligation) to, in CHATVISTA sole discretion (i) refuse or remove any app that, in CHATVISTA’s reasonable opinion, violates any CHATVISTA policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CHATVISTA sole discretion. CHATVISTA will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal.
General Terms. By signing up for the service and submitting an order you agree to pay CHATVISTA the one-time, monthly or annual fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the service and will cover the use of that service for a monthly or annual subscription period as indicated. A lifetime license (also called an “owned” or “one-time” license) includes support for 12 months from the day you sign up for the service and a usage license for the life of the product.
Cancellation and refunds. Services can be canceled by you at anytime on 30 days written notice to CHATVISTA. Any one-off, service, customisation, monthly or yearly fees paid are not refundable. Exclusively for services where a “30 days guarantee” is explicitly offered, fees are refundable only within 30 days from your order. CHATVISTA reserves the right to change the payment terms and fees upon 30 days prior written notice to you.
CHATVISTA will not provide any refunds for any fees paid if your app is rejected by Google or Apple for reasons outside of CHATVISTA’s control, such as for suspected copyright violations or for not meeting the guidelines and rules set out by the companies for apps published on App Store and Google Play.
Automatic Renewal. Unless you notify CHATVISTA before the end of the applicable subscription period that you want to cancel the service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for the service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Support. The CHATVISTA service includes access to email support and, for certain services, phone support. “Email support” means the ability to make requests for technical support and assistance by email at any time (with reasonable efforts by CHATVISTA to respond within one business day) concerning the use of the Services.
License. CHATVISTA hereby grants you a worldwide non-exclusive, personal, non-assignable license to use the Services for the duration of this agreement, exclusively in the conditions hereunder.
4. Responsibility of App users.
CHATVISTA has not reviewed, and cannot review, all of the material, including computer software, posted to its customers’ apps, and cannot therefore be responsible for that material’s content, use or effects. CHATVISTA disclaims any responsibility for any harm resulting from the use by users of the Website or apps, or from any downloading by those users of content there posted.
5. Copyright Infringement.
As CHATVISTA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CHATVISTA violates your copyright, you are encouraged to notify CHATVISTA. CHATVISTA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CHATVISTA will terminate a customer’s access to and use of the Website if, under appropriate circumstances, the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of CHATVISTA or others. In the case of such termination, CHATVISTA will have no obligation to provide a refund of any amounts previously paid to CHATVISTA.
6. Intellectual Property.
This Agreement does not transfer from CHATVISTA to you any CHATVISTA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CHATVISTA. CHATVISTA, CHATVISTA, the CHATVISTA logo, and all other trademarks, service marks, graphics and logos used in connection with CHATVISTA, or the Website are trademarks or registered trademarks of CHATVISTA or CHATVISTA’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CHATVISTA or third-party trademarks.
CHATVISTA retains all right, title and interest in and to the Site, Services, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, “CHATVISTA IP”). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All use of the CHATVISTA IP shall inure to the benefit of CHATVISTA, and you shall not: (i) contest, or assist others to contest, our rights or interests in and to the CHATVISTA IP or the validity of our rights in and to the CHATVISTA IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said CHATVISTA IP. All rights in the CHATVISTA IP which are not expressly granted herein are reserved by CHATVISTA. You hereby agree to assign and do assign to CHATVISTA any modifications or derivative works of any Services made by you in contravention of the foregoing limitation.
7. Attribution.
CHATVISTA reserves the right to display attribution links such as ‘Designed by CHATVISTA’ or ‘Powered by CHATVISTA’ in your app’s user interface. Such attribution links can be removed upon request and subject to payment of a white label fee or recurring fees charged to participate in our White Label or Reseller Programs or to subscribe to plans that include a Whitelabel feature.
8. Reselling the Services.
Reselling of the Services to third parties is permitted exclusively subject to your participation in CHATVISTA’s “Whitelabel Program”, also called “Reseller Program” or your purchase of a “Whitelabel Add-On”. The following conditions also apply:
- Access to, and use of, the Services by a third party granted access by you (“Your Customer”): (a) does not in any way diminish your strict obligation to ensure compliance with the terms of this Agreement; and (b) does not in any way diminish CHATVISTA’s right to enforce the terms of this Agreement, without liability to you or the Customer, including suspension or termination of access to the Service, whether or not it may have an adverse impact on Your Customer or the ability of Your Customer to use the Services.
- You must: (a) enter into a binding contractual relationship with Your Customer on terms no less onerous than this Agreement; (b) make available to Your Customer a Privacy Policy that complies with your local law and is no less onerous in terms of your obligations to Your Customer than CHATVISTA’s Privacy Policy is in relation to the Customers of CHATVISTA; (c) provide all customer relationship management, including first level support services in relation to the Services, to Your Customer.
- You hereby agree to indemnify and hold harmless, on an actual indemnity basis, CHATVISTA, from and against all costs, expenses, losses and liabilities arising in any way (including under statute, the law of tort, equity or any other theory of law whatsoever) from or in relation to use of the Services by Your Customer and all other acts and omissions of Your Customers otherwise taking place on or in relation to the Services.
9. Termination.
If you wish to terminate this Agreement or your CHATVISTA account (if you have one), you may simply contact CHATVISTA and request a cancellation of your account. Notwithstanding the foregoing, if you have purchased an app, your account can only be terminated by CHATVISTA if you materially breach this Agreement and fail to cure such breach within thirty (30) days from CHATVISTA’s notice to you thereof; provided that, CHATVISTA can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties.
The Website is provided “as is”. CHATVISTA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CHATVISTA nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability.
In no event will CHATVISTA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CHATVISTA under this agreement during the twelve (12) month period prior to the cause of action. CHATVISTA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the CHATVISTA Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
13. Indemnification.
You agree to indemnify and hold harmless CHATVISTA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
14. Refund Policies and terminate the service.
The refund for the services is only available for the 30 days after User process the payment. If users unsubscribe the chosen packages when the apps have been successfully released in app stores:
- Users will be blocked to access the released apps in app stores.
- Users can purchase OneTime payment option to have holistic control over the released apps.
15. Miscellaneous.
This Agreement constitutes the entire agreement between CHATVISTA and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CHATVISTA, or by the posting by CHATVISTA of a revised version. The Agreement shall be governed by, interpreted and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) save that CHATVISTA has the express right (at its sole discretion) to bring an action against you in a court or courts where you are resident, have your principal place of business or central administration. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CHATVISTA may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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