By downloading, installing, or using GoFiChat, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the application.
1. Acceptance of Terms
By accessing or using GoFiChat ("the App," "the Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms apply to all users of the App, including without limitation users who are browsers, customers, and/or contributors of content.
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website or within the App. Your continued use of the App following the posting of any changes constitutes acceptance of those changes.
2. Description of Service
GoFiChat is a peer-to-peer communication application that enables direct device-to-device messaging and gaming using local WiFi and Bluetooth connections. The App operates without internet connectivity by creating temporary, encrypted sessions between nearby devices.
Key Characteristics:
- The App operates entirely on local device radios (WiFi and Bluetooth)
- No data is transmitted over the internet or stored on external servers
- All sessions are temporary and ephemeral
- No messages or data are retained after sessions end
3. Eligibility
You must be at least 13 years of age to use this App. By using the App, you represent and warrant that you are at least 13 years old. If you are under 18, you represent that you have your parent or guardian's permission to use the App.
4. User Responsibilities
- All content you transmit through the App
- Your interactions with other users
- Ensuring your use complies with all applicable laws
- The security of your device and connection
4.1 Prohibited Uses
You agree NOT to use the App to:
- Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Transmit content that infringes on any intellectual property rights
- Transmit malware, viruses, or any harmful code
- Harass, stalk, or harm another individual
- Impersonate any person or entity
- Engage in any illegal activities
- Transmit content that exploits minors in any way
- Collect personal information from other users without consent
- Interfere with or disrupt the App or servers
- Violate any applicable local, state, national, or international law
5. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE APP
We do not warrant that:
- The App will meet your requirements
- The App will be available at all times or at any particular time
- The results obtained from using the App will be accurate or reliable
- Any errors in the App will be corrected
- The App is free of viruses or other harmful components
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOFICHAT, ITS DEVELOPERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:
- DIRECT DAMAGES
- INDIRECT DAMAGES
- INCIDENTAL DAMAGES
- SPECIAL DAMAGES
- CONSEQUENTIAL DAMAGES
- PUNITIVE DAMAGES
- LOST PROFITS
- LOST DATA
- PERSONAL INJURY
- PROPERTY DAMAGE
This includes, without limitation, any damages arising from:
- Your use or inability to use the App
- Any content transmitted through the App by you or other users
- Any conduct of any third party using the App
- Unauthorized access to or alteration of your transmissions or data
- Any bugs, viruses, or other harmful code
- Any errors, mistakes, or inaccuracies in the App
- Personal injury or property damage related to your use of the App
- Any interruption or cessation of transmission to or from the App
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US FOR THE APP, WHICH IS ZERO DOLLARS ($0.00) AS THE APP IS PROVIDED FREE OF CHARGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Indemnification
You agree to defend, indemnify, and hold harmless GoFiChat, its developers, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the App
- Your content transmitted through the App
- Your violation of any third-party rights
- Your violation of any applicable laws or regulations
- Any claim by a third party related to your use of the App
8. No Responsibility for User Content
We have no ability to monitor, review, or control content transmitted between users through the App because:
- All communications are peer-to-peer and do not pass through our servers
- All messages are encrypted end-to-end
- No message content is stored or logged anywhere
- We have no access to user communications
THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR USER CONTENT. YOU ASSUME ALL RISK ASSOCIATED WITH COMMUNICATIONS THROUGH THE APP.
9. Privacy
Your use of the App is also governed by our Privacy Policy. By using the App, you consent to the practices described in the Privacy Policy.
10. Third-Party Services
The App may use third-party services or technologies (such as WiFi Direct, Bluetooth, Apple Multipeer Connectivity, or Google Nearby Connections). We are not responsible for any issues, damages, or liabilities arising from these third-party technologies.
11. Modifications to the App
We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.
YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
14. Entire Agreement
These Terms constitute the entire agreement between you and GoFiChat regarding the use of the App, superseding any prior agreements between you and GoFiChat.
15. Contact
If you have any questions about these Terms, please contact us at:
Email: legal@gofichat.com