Terms of Service

Hello & Welcome to EkChat.

Thank you for using our products and services (“Services“).

The Services are provided by EKCHAT, Inc. and our controlled affiliates (“EkChat“).

By using our Services, you are agreeing to these Terms of Service. Please read them carefully.

Our Services are diverse and include software, applications and devices, as well as access to certain features, functions, or content. Sometimes, additional terms or product requirements (including age requirements) may apply. Additional terms will be provided with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Some of our Services allow you to upload, submit, store, send or receive information. When you upload, submit, store, send or receive information to or through our Services, EkChat will own such information to the extent permitted by law and contract, and may use it and its derivatives for EkChat’s own purposes. Make sure you have the necessary permission to grant us rights consistent with these terms for any content that you submit to or through our Services. You give EkChat and those we work with a worldwide license to freely use, host, store, reproduce, modify, create derivative products or services, or communicate the information provided to or through the Services and any derivatives of such information; this license continues even if you stop using our Services. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted to or through those Services. If you are accessing our Services through an authorized commercial partner of EkChat, different or additional terms may apply.

Our Services may display some content that was not created by EkChat. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Acceptable Use Policy Use of the Services is subject to our Acceptable Use Policy below. By using the Services, you agree not to, and not to allow third parties to use the Services:

to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing end users to infringe or misappropriate the intellectual property rights of others;

to engage in, promote or encourage illegal activity;

for any unlawful, invasive, infringing or defamatory purpose (for example, this may include phishing or mirroring a website);

to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;

to interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users;

to disable, interfere with or circumvent any aspect of the Services;

to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (“spam”); or

to use the Services, or any interfaces provided with the Services, to access any other EkChat or Partner product or service in a manner that violates the applicable terms of service of such other product or service.

Use of an EkChat Account

You may need an EkChat Account in order to use some of our Services. Use of the EkChat Account is subject to the Terms of Use imposed by EkChat herewith. You may create your own EkChat Account, or your EkChat Account may be assigned to you by an administrator for Business Accounts, such as your employer or educational institution.

If you are using an EkChat Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your EkChat Account, keep your password and login credentials confidential. You are responsible for the activity that happens on or through your EkChat Account. Try not to reuse your EkChat Account password on third-party applications. If you learn of any unauthorized use of your password or EkChat Account, please contact us.

User Generated Content

Our services allow you to post content. We reserve the right to remove any objectionable content that you upload, whether reported or otherwise.

We intend to keep user generated content and discourse in our services free from hate speech, profanity, nudity and any disrespectful, rude, objectionable or abusive behaviour.

We do not tolerate any form of hate speech, disinformation or any content that may not be suitable for children aged 12 years and above.

We reserve the the right to remove or permanently ban any user who abuses other users or who violates our Terms of Service.

We have a zero tolerance policy for hate speech and disinformation. Any content that breaches our community standards will be removed whether reported or not.

Your Data

Your data and information always belongs to you.

You can change, modify or delete your content or account whenever you want.

We do not share your information with anyone. The only exception to this policy is when we have to comply with the law in the jurisdictions we operate in.

We host your and serve your data from multiple data centres around the world.

Any content that you share publicly using our platform is considered as information you have personally disclosed in the public domain. We are not responsible for what you choose to share publicly.

We respect your privacy.

Copyright Protection

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to our user policies. Please direct any inquiry regarding alleged copyright infringement to copyright@ekchat.org or by filling in the form on our contact page.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

EkChat gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by EkChat as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by EkChat, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of or content secured by that software, unless laws prohibit those restrictions or you have our written permission. You may not falsify data, without EkChat’s consent, when using our Services. You may not scrape (e.g., using third-party software to collect human-readable outputs of the Services) or attempt to scrape content and data secured by the Services, such as by deceiving the software implementing our Services. You may not utilize the Services in a way that disrupts the reasonable enjoyment of our Services by other users.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities, content or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. EkChat may also stop providing Services to you, or add or create new limits to our Services at any time.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER EKCHAT NOR ITS SUPPLIERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, EKCHAT, AND EKCHAT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EKCHAT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, EKCHAT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

We recognise that in some countries, you may have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms limits any consumers’ legal rights which may not be waived by contract.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify EkChat and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in or with the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between EkChat and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of California, USA will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the Courts of California, USA and you and EkChat consent to personal jurisdiction in those Courts.

For information about how to contact us, please visit our contact page.

All product names, logos, trademarks, and brands are the property of their respective owners. All company, product and service names used in this website or any of our products are for identification purposes only. Use of these names, logos, and brands does not imply endorsement.

Other trademarks and trade names may be used in this website or any of our products to refer to either the entities claiming the marks and/or names or their products and are the property of their respective owners. We disclaim proprietary interest in the marks and names of others.