Terms of Service

1. Eligibility

You must be at least 18 years of age to create an account on onlychat and use the Service. By creating an account and using the Service, you represent and warrant that:

• You can form a binding contract with VibePeak.
• You differ from a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction.
• You will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
• You have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender in any state, federal or local sex offender registry.

2. Your Account

In order to use onlychat, you may sign in using your Facebook or Google login. If you do so, you authorize us to access and use certain Facebook or Google account information, including but not limited to your public profile.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for onlychat, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

3. Community Rules

By using the Service, you agree that you will not:

• Use the Service for any purpose that is illegal or prohibited by this Agreement.
• Use the Service for any harmful or nefarious purpose.
• Use the Service in order to damage VibePeak.
• Spam, solicit money from or defraud any members.
• Impersonate any person or entity or post any images of another person without his or her permission.
• Bully, "stalk," intimidate, assault, harass, mistreat or defame any person.
• Post any content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• Post any content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• Post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users.

We reserve the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that VibePeak regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

4. Content

4.1 Your Content

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available on the Service or transmit to other members (collectively, "Content").

You may not post as part of the Service any photographs or content that contain nudity, graphic violence, or are sexually explicit.

4.2 Member Content

Other members will also share content via the Service. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the Service at the direction of the user providing the Member Content.

You do not have any rights in relation to other members' Member Content, and you may only use other members' personal information to the extent that your use of such information matches onlychat's purpose of allowing people to meet one another.

5. Safety; Your Interactions with Other Members

Though VibePeak strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, it is not responsible for the conduct of any member on or off of the Service.

You authorize us to use automated systems to scan and analyze your messages to detect patterns that may indicate harmful or illegal activity (e.g., spam, harassment).

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT VIBEPEAK DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. VIBEPEAK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS.

6. Rights You Grant VibePeak

By creating an account, you grant to VibePeak a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook/Google, as well as any information you post, upload, display or otherwise make available (collectively, "Post") on the Service.

7. Purchases and Auto-Renewal

onlychat may offer products and services for purchase ("in app purchases") through the App Store, Google Play Store, or other payment platforms authorized by onlychat. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or the App Store) will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments.

8. Push Notifications; Location-Based Features

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the onlychat services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device.

9. Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIBEPEAK, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT.

11. Governing Law

The laws of Romania, without regard to its conflict of laws rules, shall govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

12. Entire Agreement; Other

These Terms, with the Privacy Policy and any other guidelines governing the Service, contain the entire agreement between you and VibePeak regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.