PrideChat Terms and Conditions of Service

Introduction

Welcome to Confidia Limited's ("PrideChat", "We", "Us", "Our") mobile application and website (the "PrideChat App"), and any other mobile or web services or applications owned, controlled, or offered by PrideChat now or in the future (collectively, the "PrideChat Services"). Users who access, download, use, and/or register for the PrideChat Services (collectively or individually "You" or "Your" or "User" or "Users") must do so under the following Terms and Conditions of Service (this "Agreement").

This Agreement provides the rules for Your use of the PrideChat Services — designed to create a safe, authentic, and law-abiding community for Our users. By using the PrideChat Services, You are agreeing to be bound by the terms of this Agreement, including Our Privacy Policy, so it is important that You read this Agreement carefully before You create an account. We may also update this Agreement from time to time. Continued use of the PrideChat platform after modifications to this Agreement shall constitute Your acceptance of such modifications.

We recommend that You save a copy of this Agreement for Your records. You may receive a copy of this Agreement by emailing Us at: [email protected], Subject: Terms of Service Agreement.

1. Age Restrictions and Safety

1.1 No Use by Underage Persons

The PrideChat Services are intended ONLY for legal adults. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (OR THE AGE OF MAJORITY IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) ARE AUTHORIZED TO ATTEMPT, DIRECTLY OR INDIRECTLY, TO VIEW, DOWNLOAD, POSSESS, OR OTHERWISE USE THE PRIDECHAT SERVICES.

1.2 You Must Be a Legal Adult

BY ACCEPTING THIS AGREEMENT, CREATING A USER ACCOUNT, AND ENTERING A DATE OF BIRTH FOR AGE VERIFICATION PURPOSES, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT:

• You are currently eighteen (18) years of age or over (or the age of majority in places where eighteen (18) years is not the age of majority);
• You are capable of lawfully entering into and performing all the obligations set forth in this Agreement;
• You are not located in a country that is subject to a government embargo, or that has been designated as a "terrorist supporting" country; and
• You are not listed on any government list of prohibited or restricted parties.

2. Safety; Your Interactions with Other Members

PLEASE NOTE THAT PRIDECHAT DOES NOT CONTROL ANY OF THE THINGS OUR USERS SAY OR DO. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PRIDECHAT SERVICES AND YOUR INTERACTIONS WITH OTHER USERS (WHETHER ON OR OFF THE PRIDECHAT SERVICES). PRIDECHAT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS.

• PrideChat does not currently conduct criminal or other background screenings of Our users. PrideChat reserves the right to conduct any criminal background check or other screenings (such as sex offender registration searches) at any time and to use available public records for any purpose.
• PrideChat does not inquire into the backgrounds of Our users or attempt to verify the information provided by Our users in connection with account creation, including the accuracy of the date of birth reported for age verification purposes.
• PrideChat does not verify the information provided by users with respect to users' identity, health, physical condition, or otherwise.
• You acknowledge that You may receive access to content that could be considered objectionable in certain contexts.
• PrideChat makes no representations or warranties regarding any content.
• You understand that PrideChat is not responsible for activities or legal consequences of Your use of the PrideChat Services in places that may attempt to criminalize or limit Your personal interactions. You must make Your own informed decisions about use of the application in Your location and assess any potential consequences.

3. Important Disclaimer About Location Data

As explained in Our Privacy Policy, sophisticated users who use the PrideChat App in an unauthorized manner, or other users who change their location while You remain in the same location, may use distance information to determine Your exact location and may be able to determine Your identity. You can disable location services at any time.

The PrideChat Services are intended only as personal, location-based services for individual use and should not be used or relied on as an emergency locator system; used while driving or operating vehicles; or used in connection with any hazardous environments requiring fail-safe performance, or with any other application in which the failure or inaccuracy of that application or the PrideChat Services could lead directly to death, personal injury, or severe physical or property damage. PrideChat is not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the PrideChat Services, You must register for an account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of Your Account login credentials and are fully responsible for all activities that occur under Your Account. You agree to immediately notify PrideChat of any unauthorized use of Your Account or any other breach of security. PrideChat will not be liable for any loss or damage arising from Your failure to comply with this section.

4.3 One Account Per Person

You may not create more than one Account. PrideChat reserves the right to suspend or terminate any duplicate or fraudulent Accounts.

5. User Conduct and Content

5.1 Acceptable Use

You agree that You will not:

• Use the PrideChat Services for any unlawful purpose or in violation of any applicable laws;
• Post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Stalk, harass, threaten, or harm another user;
• Use the PrideChat Services for commercial solicitation or spam without Our express permission;
• Collect or store personal data about other users without their express permission;
• Interfere with or disrupt the PrideChat Services or servers or networks connected to the PrideChat Services;
• Attempt to gain unauthorized access to any portion of the PrideChat Services;
• Use any automated means, including robots, crawlers, or data mining tools, to access or collect data from the PrideChat Services.

5.2 Your Content

You retain ownership of the content You submit, post, or display on or through the PrideChat Services ("User Content"). By submitting User Content, You grant PrideChat a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in connection with providing and promoting the PrideChat Services.

5.3 Content Moderation

PrideChat reserves the right, but has no obligation, to monitor, review, edit, remove, or refuse to post any User Content that We determine, in Our sole discretion, violates this Agreement or is otherwise objectionable.

6. Intellectual Property

All intellectual property rights in and to the PrideChat Services, including but not limited to the PrideChat name, logo, design, text, graphics, software, and other content ("PrideChat IP"), are owned by or licensed to Confidia Limited. You agree not to copy, modify, distribute, sell, lease, or create derivative works based on the PrideChat IP without Our prior written consent.

7. Free Service

PrideChat is 100% free for all individual users. You may download, register, swipe, chat, and connect without any subscription fees, paywalls, or premium tiers for individual users. PrideChat generates revenue through business advertising and business profile listings — not from individual users. PrideChat reserves the right to introduce premium business services (such as business profile listings, advertising, and promotional tools) which are entirely separate from the free individual user experience.

We reserve the right at any time to charge fees for access to portions of the PrideChat Services and change any such pricing at any time, provided We give You advance notice of any changes and that changes will not affect any services You have already paid for. Individual user access will remain free.

8. Third-Party Links and Services

The PrideChat Services may contain links to third-party websites, applications, or services that are not owned or controlled by PrideChat. PrideChat has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that PrideChat shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. Disclaimers

THE PRIDECHAT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRIDECHAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PRIDECHAT MAKES NO WARRANTY THAT:

• The PrideChat Services will meet Your requirements;
• The PrideChat Services will be uninterrupted, timely, secure, or error-free;
• The results that may be obtained from the use of the PrideChat Services will be accurate or reliable;
• The quality of any products, services, information, or other material purchased or obtained by You through the PrideChat Services will meet Your expectations; or
• Any errors in the PrideChat Services will be corrected.

You are responsible for taking all necessary precautions to ensure that any material You may obtain from PrideChat is free of viruses or other harmful components. PrideChat is not responsible for any damage to Your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIDECHAT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the PrideChat Services;
• Any conduct or content of any third party on the PrideChat Services;
• Any content obtained from the PrideChat Services; and
• Unauthorized access, use, or alteration of Your transmissions or content.

IN NO EVENT SHALL PRIDECHAT'S AGGREGATE LIABILITY FOR ALL CLAIMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS (USD $100) OR THE AMOUNT YOU PAID PRIDECHAT, IF ANY, IN THE LAST SIX MONTHS.

11. Indemnification

You agree to defend, indemnify, and hold harmless PrideChat, its parent company, subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the PrideChat Services;
• Your violation of any term of this Agreement;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
• Any claim that Your User Content caused damage to a third party.

PrideChat reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You will not in any event settle any claim without Our prior written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the PrideChat Services.

12. Termination

PrideChat may terminate or suspend Your Account and bar access to the PrideChat Services immediately, without prior notice or liability, under Our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this Agreement.

If You wish to terminate Your Account, You may do so within the PrideChat App settings or by contacting Us at [email protected]. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Dispute Resolution

13.1 Governing Law

This Agreement shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Subject to Section 13.2, any claims arising from or related to Your relationship with PrideChat and this Agreement shall be resolved in the courts of New South Wales, Australia.

13.2 Informal Resolution

Most user concerns can be resolved quickly and to the user's satisfaction by contacting Our support team at [email protected]. In the unlikely event that Our support team is unable to resolve a complaint You may have, We agree to resolve any disputes through informal negotiation within sixty (60) days from the date You first notify Us of the dispute.

13.3 Class Action Waiver

To the fullest extent permitted by applicable law, You and PrideChat agree that each may bring claims against the other only in Your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

14. International Users

The PrideChat Services are controlled and offered by Confidia Limited from Australia. PrideChat makes no representations that the PrideChat Services are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the PrideChat Services from other locations do so at their own risk and are responsible for compliance with local law. You agree and acknowledge that You are transferring Your data for processing in Australia and other jurisdictions throughout the world that may not afford the same protections as Your country of residence. Please see Our Privacy Policy for more information on how We collect, use, and transfer Your data.

15. Changes to This Agreement

We may update this Agreement from time to time. If We make material changes, We will notify You by email, through the PrideChat App, or by posting a notice on Our website prior to the change becoming effective. Your continued use of the PrideChat Services after the effective date of any changes constitutes Your acceptance of the revised Agreement. If You do not agree to the new terms, You should stop using the PrideChat Services and delete Your Account.

16. General Provisions

16.1 Entire Agreement

This Agreement, together with Our Privacy Policy and any other legal notices published by PrideChat, constitutes the entire agreement between You and PrideChat concerning the PrideChat Services.

16.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer this Agreement, or any rights granted hereunder, without Our prior written consent. PrideChat may assign this Agreement without restriction.

17. Contact Us

If You have any questions about this Agreement, please contact Us at: