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Terms and Conditions

The following terms & conditions constitute a binding legal agreement (the “Agreement”) between You and RandoChat. (hereinafter referred to as RandoChat/ “we”/ “us”/”app”/”site”), (which expression shall include its successors and assigns), setting forth the terms and conditions (“Terms”) under which the RandoChat (the “Application”) and any related services (collectively “Services”) will be licensed to You by RandoChat.

1. Terms

By accessing, downloading, installing the Application, and using the Services, You represent to RandoChat that You are competent to enter into a contract (i.e. You are 18 years of age, have a sound mind and are not disqualified from entering into a contract under the applicable law) and You have read this Agreement, understand it and agree to be bound by its Terms and are responsible for compliance with any applicable local laws. Please review the Agreement carefully before accessing, downloading and installation. If you do not agree with any of these terms, you are prohibited from using or accessing this app.

2. License

Subject to the Terms and compliance of the Terms hereof RandoChat shall grant You a license to use the Services provided that (a) You shall use the Application solely for Your personal and lawful use only; (b) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the Application (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and (c) You warrant to otherwise comply with the terms and conditions of this Agreement (the “License”).

This license shall automatically terminate if you violate any of these restrictions and may be terminated by RandoChat at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

For avoidance of any doubt this License is personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited license to download and use the Application on a electronic device that You own or control.

3. Privacy Policy

This Agreement is deemed to incorporate the Privacy Policy posted on the same document and accessible/embedded in the Application.

4. Disclaimer of warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND DISCRETION.

THE APPLICATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. RANDOCHAT, ON BEHALF OF ITSELF, GOOGLE, AMAZON, ALL WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS DISTRIBUTED, AND EACH OF OUR RESPECTIVE AFFILIATES, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM RANDOCHAT ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APPLICATION. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR. RANDOCHAT MAKES NO WARRANTY AGAINST INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION AND RELATED SERVICES; FOR LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION, USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AT ANY TIME; ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR RELATED SERVICES, THAT THE APPLICATION WILL BE FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE OR MEET YOUR REQUIREMENTS; REGARDING THE SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION; THAT ANY ERRORS, BUGS OR FAILURES IN THE APPLICATION WILL BE CORRECTED. ACCORDINGLY, YOU EXPRESSLY AGREE THAT USE OF APPLICATION AND RELATED SERVICES IS PURELY VOLUNTARY ON YOUR PART, AT YOUR OWN RISK AND THEREFORE AGREE TO BEAR ANY AND ALL RISK WHATSOEVER AND/OR HOWSOEVER CAUSED. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RANDOCHAT OR ANY PARTY OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THIS AGREEMENT.

WHILST RANDOCHAT SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, RANDOCHAT SHALL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/OR STORAGE OF INFORMATION TO OR THROUGH RANDOCHAT THAT MIGHT OCCUR FROM TIME TO TIME; INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL. YOU SHALL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, OR TRANSMITTED TO YOU THROUGH THE APPLICATION.

5. Limitation of Liability

To the maximum extent permitted by applicable laws, under no circumstance shall RandoChat, its employees or agents be liable to You or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if RandoChat or any or all of its agents have been advised of the possibility of such damages.

6. Revisions and Errata

The materials appearing on RandoChat could include technical, typographical, or photographic errors. RandoChat does not warrant that any of the materials on its web site/app are accurate, complete, or current. RandoChat may make changes to the materials contained on its app/site at any time without notice. RandoChat does not, however, make any commitment to update the materials.

7. Amendments to this Agreement

We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include adding new or different terms to, or removing terms from, this Agreement. Your use of the Application upon publication of such amended terms shall constitute your deemed acceptance to the amended Agreement.

8. Governing Law

This Agreement shall be governed by the laws of Brazil. You irrevocably consent to the exclusive jurisdiction of courts in Curitiba, Brazil for all disputes arising out of or relating to this Agreement.

9. Contact Us

In the event you have any queries/complaints regarding usage of Application, please contact us at randochat.app@gmail.com.





Privacy Policy

RandoChat. (hereinafter “randochat” / “we” /”app” /“site”) provides this Privacy Policy to inform users of the RandoChat software application (the “Application”) and the randochat.com.br (the “Site”) about our policies and procedures regarding the collection, use and disclosure of Personally Identifiable Information defined below.

The Application is intended for people who are competent to contract under applicable law. Individuals who are less than 18 years old are not permitted to use this application. You confirm that You are at least 18 year old.

This Policy is part of our Terms and Conditions and applies to the Personally Identifiable Information that is collected in connection with the download, installation and use of the Application and related services. By using the Application or the Site You signify Your assent to this Privacy Policy and consent to the processing of Your Personally Identifiable Information as described herein. If You do not agree with this Policy, or with our Terms of Service, do not download, install and / or use the Application. Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Information Collection

"Personally Identifiable Information" means any information that either on its own or when combined with certain other information can identify an individual and for the purpose of this Privacy Policy usually limited to nickname, age, gender, email address and country location. These records are typically stored for approximately 30 days if no account activity is detected.

RandoChat may obtain the following types of information from or concerning You or Your mobile device, which may include personal information that can be used to identify You as specified below: User Provided Information: You provide certain Personally Identifiable Information, such as nickname, age, gender, email address and country location information to RandoChat when choosing to participate in the use of the Application and its services, such as messaging other RandoChat users, uploading images. These information may be used for the purpose of tracking spammers, hackers, and others who pose harm to the app/site;

RandoChat may retain date and time stamp information associated with successfully delivered messages and the brazilian users involved in the messages, as well as any other information which RandoChat is legally compelled to collect in accordance with retention policies applicable under Brazilian law.

The app does use third party services that may collect information used to identify you.

Link to privacy policy of third party service providers used by the app:

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.

This Service does not use these cookies explicitly. However, the app may use third party code and libraries that use cookies to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

Log Data

We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

Chat Privacy

At the beginning of every chat, a record is made of the fact that a chat occurred between you and your chat partner. This record includes a timestamp, details of you and your chat partner. These records may be used for the purpose of tracking spammers, hackers and others who pose harm to the app/site; and may also be used for law enforcement purposes.

Any information shared by user to stranger is limited to the user and he/she is responsible for that. Understand that strangers can potentially tell other people anything you tell them. So be careful what information you reveal to them. Do not transmit nudity, sexually harass anyone, publicize other peoples' private information, make statements that defame or libel anyone, violate intellectual property rights, use automated programs to start chats, or behave in any other inappropriate or illegal way on RandoChat. The messages (text, audio, images) are removed after the partner receives them or are stored for 8 hour's if the partner is offline.

We don't validate any information like contact information, profile etc, so others sharing your information can't be stopped. It is user's responsibility.

Data Privacy

Before or at the time of collecting other personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Location Information

RandoChat may collect and use your location information to provide certain functionality of our Service. Other users can't see this information about you.

Data Security

Before or at the time of collecting other personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and I cannot guarantee its absolute security.

Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by me. Therefore, I strongly advise you to review the Privacy Policy of these websites. I have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Data Access and Removal

You can always control what information you choose to share with us on the RandoChat. To do so, you can change your settings in your mobile device. Alternatively, you can remove the Service from your mobile device entirely.

You can remove your data and account anytime you want in your mobile device. If you ask us to delete your account, we will use commercially reasonable efforts to remove your data from our servers. Your account is automatically removed after 30 days if no activity is detected.

You can delete your data in "Settings"> "Delete account". All data will be deleted according to GDPR.

Any personally identifiable information that (i) you share in text messages, photos, videos or otherwise in or through the RandoChat application with other users, bulletin board or chat room on our website or elsewhere, can be viewed and used by others, including to send you unsolicited messages or to commit identity theft. RandoChat is not responsible for any use or misuse of your information that might result from your disclosure of information.

Children’s Privacy

These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

General Rules

The sending of spam, inappropriate messages or any type of inappropriate content is not allowed.

We work with artificial intelligence to detect the submission of inappropriate content by users. If non-standard behavior is detected the user is automatically banned.

Moderators also review submitted reports and profile images.

Users under 18 are banned when detected.

The sale of sexual content or any type of sexual service is also not allowed.

Profile Rules

We don’t allow images that contain or promote sexually explicit content, such as pornography. In general, we don’t allow content or services intended to be sexually gratifying.

Here are some examples of common violations:


Date

This privacy policy was posted on March 24, 2019.