Terms Of Service

Last updated: January 2, 2025

This agreement ("Agreement") is a contract between you and ("HolaMate", "Service", "us" "our" and "we") and governs your use of the HolaMate mobile application and website services (the "Service"). By using the Services, you agree to be bound by the following Terms of Service (the "Terms of Service"), whether or not you register as a member ("Member"). We may modify this Agreement occasionally, and such modification shall be effective upon posting by us on the mobile application and website. We may update you on our changes through your email or notify you through the mobile app or website. You agree to be bound by any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Service’s policy for acceptable use and content posted on the mobile application and website, your rights, obligations, and restrictions regarding your use of the mobile application and website.

If you are under the age of 18, you may not download or use our Services. We do not knowingly collect or maintain information from children under age 18. If you are under the age of 18, you must get your parent or guardian to read and agree to our Terms of Service and Privacy Policy. Please, choose carefully the information you post on our Services and the information you provide to other Members. Your Service profile may not include the following items: nude, violent or offensive images or texts. The information posted by other Service Members may contain inaccurate, inappropriate or offensive materials, products or services and Service assumes no responsibility or liability for this material.

We reserve the right, in its sole discretion, to reject, refuse to post or remove any posts (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the mobile application and website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

1. General

We reserve the right to change these Terms of Service at any time. We will notify you within the app. You are responsible for keeping yourself appraised of any such changes if you dismiss these notifications. If you object to any Terms of Service or any subsequent changes or you become dissatisfied with our Services in any way, your only option is to delete your account. Your continued use of our Services after we post revised Terms of Service means that you agree to the revisions. You must be at least 18 years old to download our Services. By requesting to use, or using our Services, you represent and warrant that you are not required to register as a sex offender with any government entity.

Our Services are free, but your Internet provider’s or mobile operator’s fees and rates may still apply. However, we do have in-app purchases that you can buy if you want to use some of our extra features.

2. Eligibility

2.1 You may only use the App and/or Services if you are eighteen (18) years of age or older and not barred from using the App or receiving the Services under the laws of the applicable jurisdiction, and have the legal capacity and authority to enter into this Agreement and form a binding contract with us.

2.2 Any use, registration or access to the Products by a person who does not fulfill the eligibility requirements above is unauthorized, unlicensed, and in violation of these Terms.

2.3 You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with the terms and conditions of these Terms.

2.4 We may terminate your account, delete any Content or information that you have posted on the Services, and/or prohibit you from using or accessing the Products (or any part of the Services) if it believes that you do not fulfill the eligibility requirements above.

3. Prohibition on Child Sexual Abuse and Exploitation

HolaMate is committed to maintaining a safe environment for all users, particularly for children and minors. The following prohibitions apply to all users:

Zero Tolerance Policy: We have a zero-tolerance policy towards any form of child sexual abuse, exploitation, or trafficking. Any user found engaging in, promoting, or facilitating such activities will have their account immediately suspended or terminated, and may be reported to the appropriate authorities.
Age Restrictions: Users must be at least [insert age] years old to register for and use the application. We do not knowingly collect personal information from individuals under this age.
Monitoring and Reporting: We actively monitor interactions and content shared within the application to detect any instances of child exploitation or abuse. Users are encouraged to report any suspicious behavior or content to our support team immediately.
User Responsibilities: Users are prohibited from posting, sharing, or soliciting any content that constitutes, promotes, or could lead to child sexual abuse or exploitation. This includes but is not limited to:

Engaging in or promoting explicit content involving minors.
Sharing, storing, or distributing any material depicting child sexual abuse.
Grooming or seeking to establish contact with minors for exploitative purposes.

Legal Compliance: All users are expected to comply with applicable laws and regulations concerning child protection and online safety. Violation of these laws not only breaches this agreement but may also result in legal consequences.

By using our application, you acknowledge the seriousness of these prohibitions and agree to adhere to them. Together, we can create a safer environment for all users, particularly for children.

Changes To These Terms and HolaMate

We may make changes to these Terms above from time to time, so please come back and review them.

In addition, as HolaMate and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from HolaMate (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.

Where we consider that any changes to these Terms or HolaMate are reasonably material, we will (where reasonably practicable) notify you of such changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to use HolaMate after we make any change to these Terms or HolaMate, with or without notice from us, you are agreeing to be bound by these revised Terms. If you object to any changes, you may close your account.

Intellectual Property

5.1 Ownership

Our Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Our Products include trade secrets and information that is confidential and proprietary to us and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Products, including any related documentation and any new releases, modifications, and enhancements thereto, belong solely to us or our licensors, if any, including all intellectual property rights therein. The App is licensed to you, not sold. Except as provided in these Terms, you shall not obtain any rights, title or interests in them, and shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on them (either in whole or in part). There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right subsisting in the App and/or Services. We hereby expressly reserve all rights in the App and all Services, which are not expressly granted to you hereunder.

5.2 License Grant

Subject to your compliance with these Terms, we grant you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the App, in object code format, only on your personal computer or mobile device (the “Device”) for the sole purpose of your personal use of the App and any other applications that may be explicitly authorized by us for use through the App as permitted by these Terms.

5.3 License Restrictions

Unless applicable law expressly provides you with the right to do so, you shall not, and you shall not permit anyone else to, directly or indirectly:

Copy, modify, adapt (including using in a collection), translate into any language, perform, communicate with public via tools transmitting signs, audio and visuals, distribute, or create derivative works based on the App or any of the Services;
Sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the App or Service and any attempt by you to take such action shall be void;
Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, database or algorithms of the Products by any means whatsoever.
Remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the App or any of the Services;
Use the Products to create or proliferate any virus or to circumvent any copy protection or other digital rights management mechanism.
Your Content

You understand and agree that our Services may review and delete any content, message, photo, profile, video, sound (collectively, "Content") that is in the sole judgment of us.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
By posting any Content to the public areas of the mobile application and website, you hereby grant us the non-exclusive, fully paid, worldwide license to use, reproduce, publicly perform and display such Content on the mobile application and website, including without limitation distributing part or all of the mobile application and website in any media formats and through any media channels. You represent and warrant that: (i) you own the Content posted by you on the mobile application and website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay all royalties and fees owing to any person by reason of any Content you post on the mobile application and website.
The following is a partial list of the kind of Content that is illegal or prohibited on the mobile application and website. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
Prohibited Content includes Content that:

Is patently offensive and promotes racism, sexism, bigotry, hatred or physical harm of any kind against any group or individual, any content that is obscene, pornographic or otherwise may offend human dignity;
Harasses or advocates harassment of another person or contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" or pyramid scams;
Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

You must use the Service in a manner consistent with any and all applicable laws and regulations.
You may not include in your publicly accessible Member profile any telephone numbers, street addresses, last names, URLs, usernames from any social platforms or email addresses.
You may not engage in advertising to or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other members. Although we cannot monitor the conduct of its Members off the mobile application and website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of messages which a Member may send to other Members in any period to a number which we deem appropriate in its sole discretion.
You may not attempt to impersonate another user or a person.

Prohibited Activities

We reserve the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

Impersonate any person or entity.
Solicit money from any users.
Harm, stalk or otherwise harass another.
Impersonate, or misrepresent your relationship with, any person or entity (this includes pretending to be minor if you are not)
Upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party.
Express or imply that any statements you make are endorsed by us without our specific prior written consent.
Use the Service in an illegal manner or to commit an illegal act.
Access the Service in a jurisdiction in which it is illegal or unauthorized.
Ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
Upload or transmit software viruses or any other harmful computer code, files or programs, or use any data mining, robots, or similar data gathering or extraction methods.
Collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
Interfere with or disrupt the Service or the servers or networks connected to the Service.
Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through the use of third-party software).
“Frame” or “mirror” any part of the Service, without our prior written authorization.
Use meta tags or code or other devices containing any reference to our Services or the Service (or any trademark, trade name, service mark, logo or slogan of our Services) to direct any person to any other mobile application and website for any purpose.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
Post, use, transmit or distribute directly or indirectly (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
Register accounts or post Content automatically, systematically, or programmatically.
Create unnecessary amounts of accounts. If we determine you have created various accounts to spam, misinterpret, or for any other malicious reasons we reserve the right to terminate your account without notice.

We reserve the right to freeze/ban your account if we see that your actual location is different from the location you provided, or your IP address changes continuously varying between countries. You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Joi. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

In consideration of HolaMate allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to us regarding our Services, you agree that we may use and share such feedback for any purpose without compensating you.

You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:

Comply with legal process;
Enforce this Agreement;
Respond to claims that any Content violates the rights of third parties;
Respond to your requests for customer service;
(v) Protect the rights, property or personal safety of the Company or any other person.
Payments

You may, from time to time, make payments to us or third parties as part of your use of HolaMate (including for the provision of HolaMate or provision of certain additional features within HolaMate). By opting for our paid services, you agree to pay all applicable fees associated with your selected service. Payment is due upon confirmation of your order and will be processed through a secure payment method. You are responsible for providing accurate billing information and ensuring that your payment method is valid.

All fees are non-refundable unless otherwise stated. We reserve the right to modify our pricing and service offerings, with notice provided in advance. Continued use of the paid services after such changes constitutes your acceptance of the new terms.

If you fail to make timely payments, we may suspend or terminate your access to the services. You acknowledge that you are responsible for complying with all applicable laws and regulations when using our paid services.

Safety and Security

We prioritize the safety and security of our users and their information. We implement a variety of security measures to protect your personal data from unauthorized access, use, or disclosure. This includes the use of encryption technology, secure servers, and regular security assessments.

While we strive to safeguard your information, no method of transmission over the internet or electronic storage is 100% secure. Therefore, we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.

We encourage you to report any suspicious activity or security concerns to us immediately. By using our services, you acknowledge and accept the inherent risks associated with online activities and agree to take appropriate precautions to protect your information.

Disclaimers

We are not responsible for any incorrect or inaccurate Content posted on the mobile application and website or in connection with the Service provided, whether caused by users of the mobile application and website, Members or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the mobile application and website or Member of the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. our Services is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, wireless phones or other devices, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any mobile application and website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the mobile application and website and/or in connection with the Service. Under no circumstances shall Service be responsible for any loss or damage, including personal injury or death, resulting from the use of the mobile application and website or the Service or from any Content posted on the mobile application and website or transmitted to Members, or any interactions between users of the mobile application and website, whether online or offline. The mobile application and website and the Service are provided "AS-IS" and Service expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Service cannot guarantee and does not promise any specific results from use of the mobile application and website and/or the Service. We take no responsibility for third-party advertisements which are posted on this Service’s mobile application and website or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers.

11.Termination

11.1 Termination by You

You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices.

11.2 Termination by HolaMate

Without limiting any other remedies, HolaMate may limit, suspend, discontinue or terminate this Terms of Use and/or your use of all or any part of the Software and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if HolaMate believes that you are:

In breach of any of the terms of this Terms of Use,
Creating problems or legal liabilities (actual or potential),
Delinqu2ent with respect to any charges due for a Premium and all kind of paid contents & item Service,
Infringing a third party's intellectual property rights,
Engaging in fraudulent, immoral or illegal activities.

You agree that HolaMate is under no obligation to provide the Services, including without limitation any Premium and all kind of paid contents & item Services, and that no HolaMate Party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Software and/or any of the Services.

11.3 Consequences of termination

In case of termination of your account by you or by us, for whatever reason, your license to use the Service will immediately end and any paid Content you may have in your account will be deleted. After termination of your account, you will not be entitled to a refund for any paid Content or Premium Services that were connected to your account prior to termination.

12. Other

This Agreement is accepted upon your use of the mobile application and website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Service regarding the use of the mobile application and website and/or the Service. The failure of Service to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please, contact us with any questions regarding this Agreement.

Contact or Questions

Getting feedback from you makes us and our Services better. Whether you have a question about any part of the User Agreement, a comment or feedback about our Services, we want to hear from you.

You can reach us by email at: contact@vivachat.live