This End User License Agreement (“Agreement”) is a binding legal contract between you (the “End User” or “you”) and Hi There Solutions LLC (“Company,” “we,” “us,” or “our”). This Agreement governs your download, installation, and use of the Just Talk! Live Chat mobile application, including all related documentation, updates, and upgrades (collectively, the “Application”).
By downloading, installing, or using the Application, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not download, install, or use the Application.
1. Scope of License
Subject to your strict compliance with this Agreement and timely payment of the applicable subscription fees, the Company grants you a limited, non-exclusive, nontransferable, non-sublicensable, and revocable license to:
- Download, install, and use one copy of the Application for your personal, noncommercial use on a single mobile device owned or otherwise controlled by you.
- Access and use the hosted live chat services provided within the Application in accordance with this Agreement.
2. License Restrictions
You explicitly agree that you will not, and will not permit any third party to:
- Copy, modify, translate, adapt, or otherwise create derivative works or improvements of the Application.
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application.
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, or transfer the Application or any features or functionality thereof to any third party.
- Remove, delete, alter, or obscure any trademarks, copyrights, or other intellectual property notices from the Application.
- Use the Application for any unlawful, harassing, abusive, or harmful behavior, or in any manner that violates the rights of other users.
3. Subscription Fees and Payment
The Application is a premium service that requires a paid monthly subscription fee to access its features and live chat capabilities.
- Recurring Billing: By subscribing, you authorize recurring monthly payments. Fees will be billed automatically at the start of each subscription cycle via the payment method linked to your account (e.g., Just Talk! Live Chat web account).
- Cancellation: You may cancel your subscription at any time through your device’s account settings. To avoid being charged for the next cycle, you must cancel at least 24 hours before the current subscription period expires.
- No Refunds: Except as required by applicable law, subscription fees are nonrefundable, and we do not provide refunds or credits for any partial-month subscription periods.
- Effect of Non-Payment: Failure to successfully pay the monthly subscription fee will result in the immediate suspension or termination of your license and access to the Application’s services.
4. Intellectual Property
You acknowledge and agree that the Application is provided under a license, and is not sold to you. You do not acquire any ownership interest in the Application under this Agreement. The Company retains all right, title, and interest in and to the Application, including all copyrights, trademarks, patents, secrets, and other intellectual property rights therein.
5. Termination
- This Agreement and the license granted hereunder are effective until terminated by you or the Company.
- You may terminate this Agreement by deleting the Application and canceling your monthly subscription.
- The Company may terminate or suspend this Agreement at any time without notice if you fail to comply with any terms herein, or if your monthly subscription payment fails.
- Upon termination, all rights granted to you under this Agreement will cease, and you must cease all use of the Application and delete all copies from your mobile device.
6. Disclaimer of Warranties
THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OR BE ERROR-FREE OR UNINTERRUPTED.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, OR PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APPLICATION. THE COMPANY’S TOTAL AGGREGARY LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
8. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule.
9. Contact Information
For questions, complaints, or claims regarding the Application, please contact:
- Company Name: Hi There Solutions LLC
- Email: [email protected]