TERMS OF SERVICE

Last updated: January 2025

1. Acceptance of Terms

By downloading, installing, accessing, or using any Chally Labs application or service ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms constitute a legally binding agreement between you and Chally Labs. You must be at least 13 years old to use our Services.

2. Description of Services

Chally Labs provides various mobile applications and web services, including but not limited to utility apps, ecommerce platforms, and related services. Our Services may include:

• Account creation and management
• Content creation and sharing features
• Location-based services
• Push notifications
• In-app purchases and subscriptions
• Third-party integrations

3. User Accounts

3.1 Account Creation

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms or engage in harmful activities.

4. Acceptable Use

4.1 Permitted Uses

You may use our Services for lawful personal and commercial purposes in accordance with these Terms.

4.2 Prohibited Uses

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, offensive, or inappropriate content
• Harass, threaten, or harm other users
• Distribute spam, malware, or viruses
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble our applications
• Use automated systems to access our Services
• Interfere with the proper functioning of our Services
• Create fake accounts or impersonate others

5. Content and Intellectual Property

5.1 Our Content

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by Chally Labs and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 User Content

You retain ownership of content you create or upload to our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works, distribute, publicly display, and publicly perform your User Content in connection with our Services.

5.3 Content Responsibility

You are solely responsible for your User Content and any consequences of sharing it. We do not endorse or guarantee the accuracy of User Content.

6. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7. Payments and Subscriptions

7.1 In-App Purchases

Our Services may offer in-app purchases, subscriptions, or other paid features. All purchases are processed through the applicable app store (Apple App Store, Google Play Store) and are subject to their terms and conditions.

7.2 Pricing and Payment

• Prices are displayed in your local currency and include applicable taxes
• Payment is due immediately upon purchase
• Subscriptions automatically renew unless cancelled
• You can manage subscriptions through your device settings

7.3 Refunds

Refund requests are handled according to the app store's refund policy. We do not provide direct refunds for purchases made through app stores.

8. Third-Party Services

Our Services may integrate with third-party services including:

• Google Maps for location services
• Payment processors for transactions
• Analytics and advertising services
• Social media platforms

Your use of third-party services is governed by their respective terms and conditions. We are not responsible for third-party services or their content.

9. Disclaimers and Warranties

9.1 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to our Services. We may experience downtime for maintenance, updates, or technical issues.

9.2 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHALLY LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF OUR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Chally Labs from any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights

12. Termination

12.1 Termination by You

You may stop using our Services and delete your account at any time through the app settings or by contacting us.

12.2 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

12.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately. Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at hello@challylabs.com to seek an informal resolution.

13.2 Binding Arbitration

Any disputes arising from these Terms or your use of our Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in the United States, and the arbitrator's decision will be final and binding.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the United States.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website
• Sending an in-app notification
• Emailing registered users for significant changes

Your continued use of our Services after any changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using our Services.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Chally Labs regarding our Services and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: hello@challylabs.com
• Legal Inquiries: hello@challylabs.com

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