Chatliker - Terms of service

CHATLIKER’S TERMS OF SERVICE

Chatliker mobile application is made available on the terms and conditions set out in this document, which constitutes the Terms of Service by the Act of 18 July 2002 on the provision of electronic services (hereinafter referred to as the "Terms of Service").

These Terms of Service set out the terms and conditions for the use of the Application, the types of electronic services provided through the Application and the rights and obligations of users and the Service Provider. Each user of the Application is responsible for reading these Terms of Service.

1. Definitions

Service Provider - APPLINEL Sp. z o.o. with its registered office in Warsaw at Al. Jana Pawła II 27, 00-867 Warszawa, NIP: 5272988749, REGON: 521203168, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000952285, registration court: District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, share capital: PLN 5,000.00. Service Provider's e-mail address: info@chatliker.com.
Application - software called Chatliker made available to Users by the Service Provider, designed for Mobile Devices and allowing them to access the services provided by the Service
User - an individual aged sixteen or over using the Application.
Mobile device - devices that allow the installation and use of the Application, in particular smartphone and tablet devices.
Service - the services provided by the Service Provider electronically using the Application, in particular the functionalities available within the Application.
User Account - a collection of resources in the Service Provider's ICT system in which information about the User is stored, which can be accessed via the

2. General provisions

The Service Provider undertakes to provide services to the User to the extent and under the terms and conditions specified in these Terms of Service.
The User undertakes to use the Application in accordance with the terms and conditions set out in these Terms of Service, applicable laws and rules of rules of social life.
The Service Provider complies with the principles of protection of Users' personal data provided for by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC. The User consents to the collection, storage and processing of personal data by the Service Provider in order to provide the service. Detailed rules for the processing of Users' personal data are set out in the Application's Privacy Policy .
The use of the Application, including the use of textual material, graphics, databases or other digital content, does not imply the acquisition of any rights whatsoever by the User with respect to the content indicated and, in particular, does not imply the acquisition of any property rights, related rights or licences.
It is forbidden to undertake the following activities without the express consent of the Service Provider unless these activities arise from the specific nature and purpose of the Service available on the Application:
1. copying, modifying and transmitting electronically or otherwise the Application or parts thereof, as well as individual contents made available through it,
2. distributing in any way the content published in the Application, unless otherwise stipulated in the Terms and Conditions,
3. downloading the contents of databases and reusing them in whole or in part.
It is prohibited for the User to provide content of an unlawful or offensive The User shall use the Application in a manner that does not interfere with its operation, in particular by not using certain software (including malicious software) or devices.
The specific risks associated with the use of electronic services are the possibility of unauthorised persons gaining access to and interfering with data transmitted over the network or stored on devices connected to the network, which may result, in particular, in its loss, unauthorised modification or the impossibility of using the services offered using the Application.

3. Technical requirements

The application is available for all Mobile Devices that meet the system requirements specified in this chapter.
In order to start using the Application, the User downloads the Application on the Mobile Device via the shop appropriate for the system supporting the Mobile Device, i.e. via AppStore (for iOS) or Google Play (for Android).
In order to be able to install and run the Application, the mobile device must be equipped with an Android version of at least 8.0 or iOS version of at least 14.5.
In order to install and launch the Application, it is necessary to activate the Internet connection on the Mobile Device.
The User shall bear the charges for Internet access and data transmission in accordance with the tariff of his/her Internet service provider.
A change to the technical requirements specified in this section does not constitute an amendment to the Terms and Conditions within the meaning of §15.1.
The Service Provider reserves the right to carry out updates and make new versions of the Application available. The installation of an update or a new version of the Application may be enforced by the Service Provider as necessary for the continued uninterrupted use of the Application.

4. Registration

A registration process is required to use the Application.
The User of the Application can only be a person who is at least 17 years of age.
You carry out the registration for the Application using the email address associated with an active Google account (by receiving a verification code) or sign in with Google, Facebook or Apple ID accounts.
In order to verify the User, a message containing a 4-digit unique code is sent to the user's e-mail address to confirm registration. The user account is activated after successful verification by means of the code.
After registration, the user creates a personal profile by indicating name, gender and date of birth. When creating a profile, the user can add a photo which is visible as a profile icon. The photo and the data entered by the user on the profile are visible to other users.
The User may access the data stored in the Application on any mobile device on which he logs in using the data referred to in para. 4, with the proviso that the Application may only be used on one device at a time.
The User shall be solely responsible for the disclosure of his/her login data to the Application to third parties, including the actions of third parties and the consequences of such actions both towards other Users, the Service Provider and third parties.

5. Application

The Chatliker application is made available to you free of charge.
The application has a social character and provides features allowing the sharing of information of different natures and topics by creating Topics, as well as features allowing the association of Users interested in related topics.
The Service Provider reserves the right to limit or extend the features of the Application at any time. The Provider will inform Users of any planned change by means of messages displayed on the Application.

6. Prohibited content

The User using the Application is prohibited from publishing content in any form on the Application:
1. inciting or promoting the commission of a criminal act,
2. offending the religious feelings of others by insulting an object of religious worship or a place used for religious purposes,
3. slandering another person, group of persons, institutions, legal persons or other entities of such conduct or characteristics as to be liable to defame them in public opinion or to jeopardize their confidence for the exercise of a particular profession, activity or position,
4. insulting or defamatory to others, or detrimental to the reputation of others,
5. promoting or inciting racial, national, ethnic, religious or sexual hatred,
6. infringing the copyright and/or related rights of third parties,
7. being unlawful in nature,
8. having links to other malware or phishing websites.
The Service Provider informs that the Application has mechanisms to block the posting of graphic content and other files of an erotic or pornographic nature.
The Service Provider retains the right to remove content that violates the conditions set out in this paragraph at any time and without prior request to the User to remove the violation. The Service Provider retains the right to remove content for which it has received repeated reports of spam in accordance with §9 of the Terms of Service.

7. Use of the Application

In order to be able to use all features of the Application, the User must have profile photo and at least one active Topic in the Application which was added no later than 24 hours.
Full functionality is available after enabling location services for the Application in the device settings.
In order to add a new Topic, the User composes the content of the Topic, using the functionality available in the Application.
The Topic content may not be longer than 100 characters
The private topic created by the User is available only to Users of the Application who have similar topics of their own and is displayed until it is deleted by the posting User or the Service Provider.
The Application displays Topics added by other Users to the User based on an analysis of the User's behaviour in the Application, in particular, based on the User's interest in the topic in question (e.g., adding comments to related Topics or posting related Topics).
The Application displays the distance to each user only after obtaining consent for such a display. This consent is required when viewing the user's profile in the "nearby" tab and when creating topics in the "my topics" tab. The distance to the user and their topics is recalculated with the change in their location, which affects the search for similar topics.
The user may mark topics of interest using a "toggle." "Toggling" topics results in displaying to the user related content. The user who publishes a topic receives a notification when another user, who has published a similar topic, toggles or marks their topic.
The User may mark a Topic displayed to them as "uninteresting" by clicking on the three dots mark next to the Topic. If the User marks a Topic as «less similar», Topics of a related or identical nature to the Topics marked as «less similar» shall not be displayed to the User.
The User has the possibility of deleting his/her published Topics at any time. If the deleted Topic was used to associate Users in accordance with §8 of the Terms of Service, the Topic shall remain visible only within the private chat between the associated Users.
The Service Provider informs that Topics that do not have comments or are not of interest to other Users (e.g., liking) may be removed from the Application after at least one month of their publication.
By posting any content on the Application, the User thereby confirms that it complies with the law, and the provisions of the Terms of Service and that he/she owns the rights to publish it.
The User is solely responsible for the nature and form of the posted content. In the event of claims by third parties relating to the infringement of copyright, related rights or other rights of third parties or the law, the Service Provider shall address these claims immediately to the User as the entity responsible for the posted content, and the User shall accept these claims and to this extent indemnify the Service Provider.

8. Adding contacts

Each User has access to the "Chats" tab in the Application.
Each user can independently add another person.
The number of invites to chat is limited. After using all, the next ones will be available in 1 hour.
Starting a private chat is possible only after sending an invitation to the private chat from one side and its acceptance from the other. The user has the option to send only one message during the invitation to a private chat.
The User may have a private chat with persons on his/her contact list by adding comments which are invisible to other Users. The Service Provider informs that the User may not delete comments added by him/her in the private chat.
The User may independently add another person to the contact list if this person has added at least one comment to a Topic published by the User.
The User may have a private chat with persons on his/her contact list by adding comments which are invisible to other Users. The Service Provider informs that the User may not delete comments added by him/her in the private chat.
A comment in a private chat may not exceed 1024 characters and may include images in a minimum format of 360px*360px.
The User is entitled at any time to remove any person from his/her contact list by using the "remove chat" feature. The Service Provider informs that a person removed from the contact list in the manner specified in the preceding sentence may be re-added to the User's contact list after fulfilling the requirements referred to in paragraphs 2 or 3.
In order to remove any person from his/her contact list without being able to add him/her back to the list, the User uses the "block user" feature.
The features referred to in paragraphs 9 and 10 are available by clicking on the "X" mark visible next to the icon of the person in the contact list after entering the private chat.

9. Reporting spam

The User may, using the feature available in the Application, report to the Service Provider Topics which violate the provisions of the Terms of Service or are otherwise incompatible with the nature of the Application, i.e., "spam".
The User reports spam by selecting the appropriate option available by clicking on the cross marker next to the Topic.
A topic marked as spam is no longer visible to the reporting User.
Upon receipt of a spam report, the Service Provider verifies the content of the Topic and decides on its own whether to actually classify the entry as spam or whether the report is unfounded.
Topics positively verified by the Service Provider as spam are removed from the Application.

10. User blocking

The Service Provider shall have the possibility to block the User temporarily or permanently in the Application. By blocking the User, it shall be understood that the User is not able to add Topics in the Application.
The Service Provider shall apply a periodic blocking of the User in the event that Topics published by the User have been reported and positively verified by the Service Provider as spam.
A periodic lock lasts no longer than 24 hours from the moment it is activated.
The Service Provider applies a permanent blocking of the User in the event that:
1. a periodic block was previously applied to the User, but after the block was lifted, new Topics published by the User were again reported and positively verified by the Service Provider as spam,
2. The User flagrantly violates the provisions of these Terms of Service, in particular §6 of the Terms of Service, by publishing prohibited content on his/her Profile using other available features.
The User is informed of a periodic or permanent blockade by a message displayed in the Application.
The Service Provider, after receiving an explanation from the User, may decide to cancel the periodic or permanent blocking. Cancellation of a periodic or permanent block is possible once in justified cases.

11. Service Provider's Liability

The Service Provider informs that pursuant to Article 15 of the Act of 18 July 2002 on the provision of services by electronic means, it is not obliged to check the data it transmits, stores or makes available, as referred to in Articles 12-14 of the said Act.
The Service Provider informs that in the event that it receives official or credible knowledge of the unlawful nature of the data uploaded by the User to the Application or of any unlawful activity related thereto, it will immediately prevent access to such data, at the same time informing the User of its intention and the reason for preventing access to the data.
In the event that access to the data has been prevented by the Service Provider due to the event referred to in paragraph 2 together with the notification to the User of the intention to prevent access to the data, the Service Provider shall not be liable for damages incurred by the User in connection with the prevention of access to the data.
The Service Provider shall not be liable for the obligations of Users arising from their actions through the Application.
The Service Provider shall not be responsible for the data entered by the Users in the Application and shall not be liable for any actions carried out by the User which have contributed to any damage in relation to that User or other Users or third parties or which have prevented or impeded the provision of services by the Service
The Service Provider shall not be responsible for the content of the websites or for any damage suffered by Users or third parties in connection with access to websites to which the links available in the Application may redirect.
The Service Provider shall not be liable for any interruption in the functioning of the Application and any damage incurred by the User as a result thereof if caused by a force majeure event that could not have been foreseen or, if the occurrence of the force majeure event was foreseeable if the effects of the force majeure event could not have been
The Service Provider is not responsible for any malfunction of the Application resulting from the User's Mobile Device.

12. Withdrawal from the agreement for the provision of electronic services

The User has the right to withdraw from the agreement for the provision of electronic services of a continuous and unlimited nature. The User may terminate the agreement at any time and without giving reasons.
In order to terminate the agreement, the User must delete the account and uninstall the Application from the memory of the mobile device.
Uninstalling the Application from the memory of your mobile device without the deletion of your account will result in your data, including your profile, remaining in the Application.
The Service Provider reserves the right to terminate the contract for the provision of electronic services with the User at any time for any reason with a notice period of 30 days.

13. Complaint procedure

In the event of non-performance or undue performance by the Service Provider of the services provided by means of the Application, the User is entitled to lodge a complaint by e-mail to info@chatliker.com .
A properly submitted complaint should include the User's identification data (first name and surname and e-mail address (Facebook ID, Google ID, Apple ID)), the subject of the complaint together with the indication of the period to which the complaint relates and the circumstances justifying the In the case of incomplete data, the Service Provider will call the User to complete the data within 7 days.
The Service Provider shall consider the complaint within 14 days of receiving the complaint.
Failure to inform the Service Provider of the manner in which the complaint has been considered within the time limit referred to in paragraph 3 is equivalent to the Service Provider accepting the complaint.

14. Intellectual property

All content included in the Application (including graphics, text, layout and logos) and not originating from Users or third parties is protected by copyright and is the exclusive property of the Service Provider. The use of such content without the express consent of the Service Provider will result in civil and criminal liability.

15. Final provisions

The Service Provider reserves the right to make changes to the Terms of Service. The Service Provider shall inform the User of any planned change to the Terms of Service at least fourteen days in advance by posting an appropriate message on the Application. The User's use of the Application after the effective date of changes to the Terms of Service shall signify his/her acceptance of such changes. Amendments to the Terms of Service during a continuous contractual relationship shall be binding on the other party, if the requirements specified in Article 384 of the Civil Code have been met, and the party has not terminated the agreement by giving 14 calendar days' notice.
The Service Provider reserves the right to temporarily disable access to the Application or selected functionalities of the Application if this is necessary for the expansion or maintenance of the Service Provider's technical or ICT resources related to the operation of the Application.
In all other matters not covered by these Terms of Service, the relevant provisions of Polish law shall apply.
The User who is a consumer has the right to use out-of-court dispute resolution and redress through mediation or arbitration. Irrespective of this, the consumer may turn to the municipal (district) consumer ombudsman for assistance. All necessary information can be obtained from the website of the Office of Competition and Consumer Protection at uokik.gov.pl . The User who is a consumer may furthermore use the electronic method of dispute resolution with the Service Provider via the ODR platform available at http://ec.europa.eu/consumers/odr/ .
The Terms of Service are effective as of 19 June 2024.