HomeTerms of Use

Terms of Use

KALLA Member Agreement

KALLA operate the website <anychat.life> (the “Website”) and the associated KALLA mobile application which provide an interactive way for like-minded users to meet each other, chat with each other (KALLA's Website and mobile application, collectively, KALLA's "Service").

Your use of the Service is subject to the following Terms and Conditions of Use (these "Terms") set out in this Member Agreement ("Agreement"). The terms "you", "your" and "yourself" each mean the person who accesses or uses the Service whether or not such person is a paid member.

Acceptance of Agreement

1.1 By creating an account on the Service, (whether free or paid, through the KALLA app or through our website) you, as a user, are a registered member of the Service and agree to be bound by these Terms.

1.2 This Agreement is a legal contract made between you and KALLA. Your use of the Service (whether or not you are a paid member) will be governed by these Terms and the Privacy Policy, and in the case of the use of the Service through the KALLA mobile application, the End User Licence Agreement for Mobile Devices.

1.3 IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS, USE OR OTHERWISE ACCESS THE SERVICE.

KALLA RESERVES THE RIGHT TO MAKE CHANGES ON REASONABLE GROUNDS TO THESE TERMS AT ANY TIME, AND ANY SUCH CHANGES WILL BE POSTED ON KALLA's WEBSITE. YOU WILL BE GIVEN REASONABLE TIME TO ACCESS, READ AND CONSIDER ANY CHANGES. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. YOU ARE RESPONSIBLE FOR REVIEWING KALLA's WEBSITE ANYCHAT.LIFE REGULARLY TO OBTAIN TIMELY NOTICE OF ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS, AS AMENDED AND UPDATED FROM TIME TO TIME, DO NOT CONTINUE TO USE OR ACCESS THE SERVICE. YOU CAN TERMINATE THIS AGREEMENT IMMEDIATELY ON NOTICE TO KALLA WITHOUT PENALTY IF YOU DO NOT AGREE WITH THE UPDATED TERMS.

Eligibility

2.1 In order to create an account and use the Service, you must meet the following requirements:

  • You are at least 18 years old,
  • You are able to form a legally binding contract,
  • You have never been convicted of a violent or sexually related criminal or civil offence in any country and/or are not required to register as a sex offender with any government entity, and
  • You have never been banned from using the Service.

2.2 By registering as a member, you warrant to KALLA that you comply with all of these requirements. If you breach this warranty, without limitation to KALLA's other rights and remedies, KALLA is entitled to terminate this Agreement under Section 9 below.

2.3 KALLA does not currently conduct criminal background screenings on users of the Service. However, KALLA reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this Section. By agreeing to these Terms, you hereby authorize KALLA to conduct a background check on you.

2.4 KALLA endeavors to employ staff to monitor profiles and photos, but is under no obligation to do so. Without limiting any other remedies available to KALLA (including KALLA's rights to terminate in Section 9 below), KALLA RESERVES THE RIGHT AT ANY TIME TO SUSPEND OR REMOVE YOUR PROFILE AND ANY CONTENT YOU SUBMIT FROM KALLA's SERVICE AT KALLA's SOLE DISCRETION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF KALLA DOES REMOVE YOUR PROFILE AND/OR ANY CONTENT YOU SUBMIT KALLA WILL NOT BE LIABLE TO YOU IN ANY WAY.

Safety

As KALLA's Service is Internet-based, there are risks of members misrepresenting themselves or presenting themselves under false pretences. This includes misrepresentations about age, gender, marital status or any other attribute which KALLA may ask the member to provide. These risks are not unusual for the type of Service KALLA provides. Members of dating websites and apps have been the victims of fraudulent scams, and you are responsible for protecting yourself against persons who attempt to defraud you or mislead you using the Service.

3.1 To prevent yourself from becoming a victim of a fraudulent scam, you are responsible for taking all measures to protect yourself against persons who attempt to defraud you or mislead you using the Service. KALLA is unable to verify that every member profile Service is accurate. You must therefore exercise caution when dealing with all other members.

3.2 YOU MAKE CONTACT WITH OTHER MEMBERS ENTIRELY AT YOUR OWN RISK. YOU ARE LEGALLY RESPONSIBLE FOR YOUR OWN ACTIONS. YOU AGREE THAT KALLA HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS MADE BY YOU OR OTHER MEMBERS INCLUDING, WITHOUT LIMITATION, MEMBERS THAT HAVE REGISTERED UNDER FALSE PRETENSES, THIRD-PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR USERNAME(S) OR PASSWORD(S) OR ANY OTHER LOSS OR INJURY SUFFERED RESULTING FROM USING THE SERVICE. THOUGH KALLA MAKES EVERY EFFORT TO ENSURE OUR SERVICE IS SAFE AND FREE FROM FRAUDULENT ACTIVITY, KALLA IS NOT RESPONSIBLE FOR ENSURING MEMBERS COMPLY WITH OUR TERMS.

3.3 It is possible that members from other countries will access the Service. It may not be practicable for KALLA to enforce these Terms against such members. If KALLA receives a complaint from a member that another member is in breach any section of these Terms, KALLA will investigate such complaint and consider whether to exercise KALLA's rights under these Terms, including KALLA's rights to terminate that member's access to the Service.

3.4 KALLA may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members and will do so if required by law and may do so if KALLA believes a member has breached any applicable Terms. You agree to KALLA providing such assistance, including the release of any relevant information KALLA may hold about you.

3.5 KALLA reserves the right to decline to register without entering into further discussions with you, or to suspend your membership if KALLA believes on reasonable grounds that you are in breach of these Terms.

Code of Conduct

The Service is intended for use in a number of jurisdictions, including in the United States, the European

Union and the United Kingdom. You agree to comply with all applicable laws when using the Service and dealing with other members. This includes compliance with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Service are prohibited. Registration for, and use of the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal for your jurisdiction.

4.1 By using the Service, you agree to comply with the following;

Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.

You must not enter any contact or identifying information in your profile. This includes, but is not limited to, your email address, phone number or physical address.

You must not disclose any details of any other members or disclose personal information of others through the KALLA messaging system or otherwise.

You must provide accurate information regarding your identity when you register to become a member and use the Service and you must not use the Service under false pretences.

You must not communicate with, or attempt to communicate with, any person who has indicated that he or she does not wish to communicate with you or to continue to communicate with you.

You must not interfere with or damage the Service, including, without limitation, through the use of viruses, registration bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents.

4.2 If you breach these provisions, KALLA may terminate your membership and your access to the Service for breach in accordance with section 9 of these Terms. Upon request by KALLA, you agree to provide any further information to verify your identity and the accuracy of the personal information that you have provided. If you do not provide sufficient information for KALLA's verification purposes, KALLA may terminate or suspend your membership or access to the Service in accordance with section 9.

User Content Posted on the Mobile Application

5.1 You understand and agree that our Services may review and delete any content, message, photo, profile, video, sound (collectively, "Content") that is in the sole judgment of us.

5.2 You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.

5.3 By posting any Content to the public areas of the mobile application and website, you hereby grant us the non-exclusive, fully paid, worldwide license to use, reproduce, publicly perform and display such Content on the mobile application and website, including without limitation distributing part or all of the mobile application and website in any media formats and through any media channels. You represent and warrant that: (i) you own the Content posted by you on the mobile application and website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay all royalties and fees owing to any person by reason of any Content you post on the mobile application and website.

5.4 The following is a partial list of the kind of Content that is illegal or prohibited on the mobile application and website. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.

Prohibited Content includes Content that:

  • is patently offensive and promotes racism, sexism, bigotry, hatred or physical harm of any kind against any group or individual, any content that is obscene, pornographic or otherwise may offend human dignity.
  • harasses or advocates harassment of another person or contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is obscene, pornographic, sexually explicit, or contains nudity or sexual content of any kind;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" or pyramid scams;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

5.5 You must use the Service in a manner consistent with any and all applicable laws and regulations.

5.6 You may not include in your publicly accessible Member profile any telephone numbers, street addresses, last names, URLs, usernames from any social platforms or email addresses.

5.7 You may not engage in advertising to or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although we cannot monitor the conduct of its Members off the mobile application and website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of messages which a Member may send to other Members in any period to a number which we deem appropriate in its sole discretion.

5.8 You may not attempt to impersonate another user or a person.

Prohibited Activities

We reserve the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

  • impersonate any person or entity.
  • solicit money from any users.
  • harm, stalk or otherwise harass another.
  • impersonate, or misrepresent your relationship with, any person or entity (this includes pretending to be minor if you are not)
  • upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party.
  • express or imply that any statements you make are endorsed by us without our specific prior written consent.
  • use the Service in an illegal manner or to commit an illegal act.
  • access the Service in a jurisdiction in which it is illegal or unauthorized.
  • ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
  • upload, post, or share any nudity, sexual content, or sexually suggestive material of any kind;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • upload or transmit software viruses or any other harmful computer code, files or programs, or use any data mining, robots, or similar data gathering or extraction methods.
  • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
  • interfere with or disrupt the Service or the servers or networks connected to the Service.
  • transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through the use of third-party software).
  • “frame” or “mirror” any part of the Service, without our prior written authorization.
  • use meta tags or code or other devices containing any reference to our Services or the Service (or any trademark, trade name, service mark, logo or slogan of our Services) to direct any person to any other mobile application and website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
  • post, use, transmit or distribute directly or indirectly (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
  • register accounts or post Content automatically, systematically, or programmatically.
  • create unnecessary amounts of accounts. If we determine you have created various accounts to spam, misinterpret, or for any other malicious reasons we reserve the right to terminate your account without notice.

We reserve the right to freeze/ban your account if we see that your actual location is different from the location you provided, or your IP address changes continuously varying between countries. You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to KALLA. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

In consideration of KALLA allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to us regarding our Services, you agree that we may use and share such feedback for any purpose without compensating you.

You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

Membership

7.1 By downloading and using the Service and creating a free account, you become a Basic Member after the registration process is complete. As a Basic Member, you are entitled to access a minimal level of the Service’s features without any charge for these features. These Basic features are subject to change, and KALLA reserves the right to make changes and updates to the Basic features as and when required.

7.2 If you would like access to the Boost(s) feature available on the Service, you can make a one-off purchase for a Boost(s). The Boost(s) feature provides your profile with additional features of the Service that are not available to users without the Boost(s) feature. These Boost(s) features are subject to change, and KALLA reserves the right to make changes and updates to the Boost(s) features as and when required.

7.3 If you want unlimited access to all the Premium Membership Subscription features available on the Service, you can purchase a Premium Membership. A Premium Membership provides your profile with additional features of the Service that are not available to users without the Premium Membership. As a Basic Member, you have the option to purchase a Premium Membership at any time, and also have the option to cancel your Premium Membership and return to a Basic Member at any point. These Premium Membership Subscription features are subject to change, and KALLA reserves the right to make changes and updates to the Premium Membership features as and when required.

7.4 PREMIUM MEMBERSHIP SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU ENTER INTO THIS AGREEMENT ACKNOWLEDGING THAT IF YOU PURCHASE A PREMIUM MEMBERSHIP SUBSCRIPTION THAT PREMIUM MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EVERY PREMIUM MEMBERSHIP SUBSCRIPTION PERIOD, AT THE PRICE YOU PURCHASED THE PREMIUM MEMBERSHIP SUBSCRIPTION FOR UNLESS YOU CANCEL IT THROUGH YOUR APPLE APP STORE, GOOGLE PLAY, OR EQUIVALENT APP MARKETPLACE ACCOUNT, OR IF YOU HAVE PAID FOR YOUR PREMIUM MEMBERSHIP SUBSCRIPTION THROUGH CREDIT CARD, REMOVING YOUR CREDIT CARD FROM YOUR ACCOUNT WILL STOP AUTO-RENEWAL CHARGES.

7.5 If you want unlimited access to all the Diamond Membership Subscription features available on the Service, you can purchase a Diamond Membership. A Diamond Membership allows Basic and/or Premium Members to upgrade their memberships to Diamond status, and provides you with access to additional features of the Service that are not available to Basic and Premium Members. As a Basic Member and/or Premium Member, you have the option to purchase a Diamond Membership at any time, and also have the option to cancel your Diamond Membership Subscription and subscribe to a Premium Membership Subscription or return to a Basic Member at any point. These Diamond Membership Subscription features are subject to change, and KALLA reserves the right to make changes and updates to the Diamond Membership features as and when required.

7.6 DIAMOND MEMBERSHIP SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU ENTER INTO THIS AGREEMENT ACKNOWLEDGING THAT IF YOU PURCHASE A DIAMOND MEMBERSHIP SUBSCRIPTION THAT DIAMOND MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EVERY DIAMOND MEMBERSHIP SUBSCRIPTION PERIOD AT THE PRICE YOU PURCHASED THE DIAMOND MEMBERSHIP FOR UNLESS YOU CANCEL IT THROUGH YOUR APPLE APP STORE, GOOGLE PLAY, OR EQUIVALENT APP MARKETPLACE ACCOUNT, OR IF YOU HAVE PAID FOR YOUR SUBSCRIPTION THROUGH CREDIT CARD, REMOVING YOUR CREDIT CARD FROM YOUR ACCOUNT WILL STOP AUTO-RENEWAL CHARGES.

7.7 Upon subscription to a Premium Membership and/or Diamond Membership, payment will be charged to your Apple App Store, Google Play, or equivalent app marketplace account, or your registered credit card immediately, and will continue to be charged for renewal unless cancelled. Auto renewal can be turned off at any time through adjusting your settings in the Apple App Store, Google Play store, or equivalent app marketplace, or by removing your credit card after purchase.

Cancellations and Refunds

8.1 Cancellation

You may cancel your account at any time, subject to these Terms. However, if you do not wish to continue being charged, you must cancel your account at least 24 hours prior to the end of the current period. There is no additional cancellation fee. TERMINATION OF YOUR ACCOUNT OR UNINSTALLING THE SERVICE WILL NOT CANCEL A SUBSCRIPTION. YOU HAVE TO MANUALLY CANCEL YOUR SUBSCRIPTIONS THROUGH YOUR APPLE APP STORE, GOOGLE PLAY STORE, OR EQUIVALENT APP MARKETPLACE ACCOUNT OR BY REMOVING YOUR REGISTERED CREDIT CARD as KALLA cannot access personal accounts to change subscription preferences. KALLA will retain all funds charged to your Apple App Store, Google Play store, or equivalent app marketplace account or registered credit card until you cancel your subscription.

8.2 Refunds

8.2.1 ALL CHARGES FOR PURCHASES ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Exceptions may be made if the laws applicable in your jurisdiction require refunds in certain limited circumstances.

8.2.2 If you are a resident of California, you may be entitled to a refund provided you cancel your subscription within 3 business days after your free trial ends and your premium subscription begins. If you have cancelled your premium subscription within 3 business days and you are a resident of California, please send us an email at [email protected] with your username and details in order to sort your refund.

8.2.3 If you are a resident of the United Kingdom or the European Union, you may be entitled to a refund provided you cancel your subscription within 7 days after your free trial ends and your premium subscription begins (i.e. within 14 days from the date on which your free trial starts). If you are a resident of the United Kingdom or European Union, please send us an email at [email protected] with your username and details in order to sort your refund.

Account information and Data Deletion

9.1 Username and password

YOU ARE RESPONSIBLE FOR KEEPING YOUR PASSWORD SECRET AND SECURE. WE ARE NOT RESPONSIBLE FOR THIRD PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR USERNAME(S) OR PASSWORD(S). Without limiting the foregoing, you agree that:

  • You will not permit any other person to use your user name and password.
  • You will not disclose, or provide to any other person, your password.
  • You will immediately notify KALLA of any unauthorized use of your username and password or any other breach of security.
  • You will ensure that you log off from your account at the end of each session.
  • You acknowledge and agree that you are responsible for all use of the Service under your user name and password.

9.2 Account Deletion

You have the right to terminate your account if you do not wish to use the Service any longer. You may delete your account any time you wish by choosing the option to ‘Delete Account’ in your profile settings. This will remove your profile and delete all your information from the Service. IF YOU CHOOSE TO DELETE YOUR ACCOUNT, YOUR PROFILE AND ALL YOUR MATCHES AND MESSAGES WILL BE DELETED. IF YOU DO NOT WISH FOR YOUR PROFILE, MATCHES AND MESSAGES TO BE DELETED, DO NOT DELETE YOUR ACCOUNT. IF YOU DELETE YOUR ACCOUNT YOU WILL BE UNABLE TO GET YOUR INFORMATION BACK SHOULD YOU WISH TO RETURN TO USING OUR SERVICE.

9.3 Pausing Account

You may also temporarily ‘Pause’ your account if you would like to take a break from the Service but wish to keep your profile, matches and messages. This will allow you to be ‘hidden’ from KALLA's Service and prevent new users from viewing your profile, matching with you and/or sending you messages. However, users you have previously matched with or messaged will still be able to view your profile and/or send you messages, and you will be able to send messages to users you are matched with. IF YOU CHOOSE TO PAUSE YOUR ACCOUNT, YOUR ACCOUNT WILL BE HIDDEN FROM THE ‘MATCH SCREEN’ AND YOUR PROFILE WILL NOT BE VISIBLE TO NEW USERS. THIS WILL PREVENT YOU FROM MAKING ANY NEW MATCHES UNTIL YOU DECIDE TO TAKE YOUR ACCOUNT OFF ‘PAUSE’. If you decide to remove your account from pause and resume using the Service, your profile will be ‘active’ once more on the match screen and you will be visible to new users. CHOOSING TO ‘PAUSE’ YOUR ACCOUNT WILL NOT DELETE YOUR ACCOUNT FROM THE SERVICE. IF YOU WISH TO PERMANENTLY REMOVE YOUR ACCOUNT FROM THE SERVICE, CHOOSE THE OPTION TO ‘DELETE ACCOUNT’, AND NOT ‘PAUSE ACCOUNT’.

Termination

10.1 KALLA reserves the right, and may exercise its right to terminate your membership, this Agreement and your access to KALLA's Service if:

  • you breach these Terms;
  • KALLA considers (in its sole discretion) that you have violated or are likely to violate any applicable laws;
  • a serious complaint or multiple complaints are received about you from any person;
  • you impersonate another member or person; or
  • KALLA, in our sole discretion, deem your behaviour whilst using the Service or in connection with your use of the Service, to be unacceptable.

10.2 YOU AGREE THAT ANY TERMINATION OF YOUR MEMBERSHIP OF AND ACCESS TO THE SERVICE UNDER THESE TERMS PURSUANT TO SECTION 9.1, MAY BE EFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT KALLA MAY IMMEDIATELY DEACTIVATE OR DELETE ANY OF YOUR ACCOUNTS AND ALL RELATED INFORMATION AND FILES IN SUCH ACCOUNTS AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES OR THE SERVICE. Members who have registered under multiple aliases will have all of their aliases disabled. FURTHER, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, KALLA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COSTS OR DAMAGES OF ANY KIND FOR OR RESULTING FROM ANY SUCH TERMINATION OF YOUR MEMBERSHIP OR ACCESS TO THE SERVICE.

10.3 You may terminate your access to the Service at any time via KALLA's Website or by sending KALLA written or email notice of termination to [email protected]. IN THE EVENT THAT YOU TERMINATE THIS AGREEMENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF ANY PAID SUBSCRIPTION FEES, unless as specified otherwise in these Terms.

Links, Advertisements and Non-Commercial Use

11.1 KALLA Service may occasionally contain links and advertisements to third-party websites, companies and products. These links and advertisements are provided solely as a convenience to you and not as an endorsement of the contents, value, quality, safety, products, or accuracy on such third-party websites.

11.2 KALLA is not responsible for the content, value, quality, safety, products or accuracy of linked third-party websites, companies and products; and do not make any representations regarding the content, value, quality, safety, products, or accuracy of materials on such third party websites. If you decide to access, use, or purchase from linked third-party websites, companies or products, you do so at your own risk.

11.3 KALLA's Service is for personal use only and must not be used in connection with any commercial purposes. Organizations, companies, and/or businesses must not use the Service for any purpose.

11.4 You must not use the KALLA messaging system for the discussion of competing services or any illegal or unlawful activity including, but not limited to prostitution and/solicitation, collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to KALLA's Service. USE OF KALLA'S SERVICE IS WITH KALLA'S PERMISSION, WHICH MAY BE REVOKED AT ANY TIME, FOR ANY REASON, IN KALLA'S SOLE DISCRETION.

Disclaimer

12.1 You expressly understand and agree that:

YOUR USE OF KALLA'S SERVICE IS AT YOUR SOLE RISK. KALLA EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2. KALLA makes no representation, warranty or guarantee, to the maximum extent permitted by law, that

the Service provided will be uninterrupted, timely, secure, or error free;

the information provided on the Website or in the Service is error-free or reliable;

the quality of any products or services obtained through the Service will meet your requirements; or members are who they say they are.

12.3 YOU DO NOT ENTER INTO THIS AGREEMENT IN RELIANCE ON ANY REPRESENTATION, WARRANTY, GUARANTEE OR OTHER TERM, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS.

11.4 No advice or information that is obtained by you from KALLA or otherwise shall create any representation, warranty or guarantee not expressly stated in these Terms.

12.5. Responsibility for the content of advertisements appearing on the Service (including hyperlinks to advertisers' own websites) rests solely with these third-party advertisers. The placement of such advertisements on the Service does not constitute KALLA's recommendation or endorsement of any advertised product or service. Each advertiser is solely responsible for any and all representations made in connection with its advertisement.

12.6 You understand that KALLA may not be able to provide matches for everyone seeking to use the Service. Further, KALLA makes no guarantees as to the number or frequency of matches, or to such matches ability, desire or criteria to communicate with any user. You understand that KALLA makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW:

13.1. Neither party shall be liable to the other under any circumstances for any indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses that result from the Service, or the inability to access the Service.

13.2 KALLA shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by KALLA.

13.3 KALLA shall not be liable for the conduct or statements of members or third parties in relation to the Service.

Indemnity

YOU AGREE TO INDEMNIFY KALLA FULLY FROM AND AGAINST ALL CLAIMS, LIABILITY, LOSS, COSTS AND EXPENSES (INCLUDING THE FULL AMOUNT OF LEGAL COSTS) INCURRED OR SUFFERED BY KALLA IN RESPECT OF OR IN CONNECTION WITH:

  • information contained in your profile;
  • any material, including (without limitation) photos and messages, you post to or enter on the Website or using the Service;
  • your communications with or behaviour towards other members;
  • any death, personal injury or damage to property you may cause; or
  • your breach of these Terms or any applicable laws.
Binding Arbitration and Class Action Waiver

Except for members residing within the UK, EU or European Economic Area and elsewhere where prohibited by

applicable law:

15.1 You acknowledge that any disputes pursued against KALLA will be on an individual basis. Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration.

15.2 Neither you nor KALLA, will bring nor participate in any class action or other class proceeding in connection with any dispute with the other party. Further, neither you nor KALLA agrees to class arbitration or any arbitration where a person brings a dispute as a representative of the other person.

BY USING THE SERVICE YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST KALLA AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.

15.3 TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (a) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (b) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

General Provisions

16.1 System integrity

KALLA will use its reasonable endeavours to ensure the availability of the Service, subject to any downtime required for maintenance. However, to the maximum extent permitted by law, KALLA takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Service being unavailable. Further, to the maximum extent permitted by law, KALLA assumes no responsibility for the corruption of any data or information held by KALLA.

16.2 Resolution of disputes

As KALLA is not a party to any dispute between you and another member, you agree:

not to involve, or attempt to involve, KALLA in any dispute or in the resolution of disputes that arise between you and another member as a result of the Service provided; and

not to use the Service to engage in or attempt to resolve the dispute.

16.3 Force Majeure

KALLA shall have no liability for any lack of performance, damages, unavailability or failure of our Service, or for any failure on KALLA's part to comply with these Terms where the same arises from any cause reasonably beyond the control of KALLA.

16.4 No Waiver

If KALLA does not exercise or enforce any right available to KALLA under these Terms, it does not constitute a waiver of those rights.

16.5 Partial Invalidity

If any provision of these Terms become or are held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

16.6 Intellectual Property Rights

KALLA owns all intellectual property rights and other proprietary rights in the KALLA Websites (including text, graphics, logos, icons and sound recordings, but excluding member content) and the software and other material underlying and forming part of the Service and KALLA's Websites. You may not without KALLA' sprior written permission, in any form or by any means:

adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of KALLA's Website or Service; or

Commercialize, copy or on-sell any information or items obtained from any part of KALLA's Website or Service.

16.7 Entire agreement

These Terms, the End User Licence Agreement, KALLA's Privacy Policy, Cookie Policy and the code of ethics supersede all previous conditions, understandings, commitments, agreements and representations whatsoever, whether oral or written; and constitutes the entire agreement between the parties relating to the subject matter of these Terms.

16.8 Privacy

Please refer to our Privacy Policy available at the following link: anychat.life/privacy

16.9 Emails and newsletters

KALLA will send you emails relating to your membership, changes to these Terms or the End User Licence Agreement for the KALLA mobile application, transactions and other activities on our Website, and for promoting and marketing other KALLA products and services to you. KALLA may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

16.10 Acknowledgement

You represent and warrant that you:

are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and

are not listed on any US Government list of prohibited or restricted persons.

If you have any questions or concerns about these Terms, the Services, or the Website, you may contact a representative of our company by Email at [email protected].

SAFE App and Badges

17.1 KALLA has partnered with SAFE app (“SAFE”) to create a new feature on our Service called safe badges (“Badges”). These Badges allow users to display on their profiles that they have been tested for sexually transmitted diseases through SAFE’s protocols, and have results that they can show to users before or during a meeting if they wish to. These Badges allow users to see which users have been tested through SAFE, and which users have not.

17.2 Users can connect SAFE to their KALLA profiles by going into ‘profile settings’ or ‘edit profile,’ and specifying that a user consents to SAFE to connect with your KALLA profile.

17.3 BY ADDING SAFE TO YOUR KALLA PROFILE YOU ARE ONLY GIVING SAFE CONSENT TO DISPLAY A BADGE ON YOUR PROFILE DECLARING THAT YOU HAVE BEEN TESTED WITH SAFE AND HAVE RESULTS TO SHOW. THIS WILL NOT DISPLAY YOUR RESULTS ON OUR SERVICE. THIS WILL MERELY SHOW TO OTHER USERS THAT YOU HAVE RESULTS TO SHARE. WHEN AND IF YOU DECIDE TO SHARE THOSE RESULTS WITH OTHER USERS IS AT YOUR SOLE DISCRETION.

17.4 Badges remain active on users’ profiles until the SAFE results expire. Users will be notified before their results expire, and will have the chance to get re-tested. If the user chooses not to get re-tested, their Badge will automatically disappear when their results expire. If the user gets re-tested at some point in the future, the Badge will be displayed once again until the results expire once again. Users will need to get re-tested every 6 months in order for Badges to constantly remain on their profile.

17.5 BADGES DO NOT INDICATE THAT A PERSON IS FREE FROM SEXUALLY TRANSMITTED DISEASES (“Clean”). USERS SHOULD USE THEIR COMMON SENSE AND PRACTICE SAFE SEX REGARDLESS OF BADGES. BADGES MERELY SHOW THAT THE USER HAS BEEN TESTED AND HAS RESULTS TO SHOW.

17.6 KALLA is in no way responsible for any misleading or deceptive conduct that may occur from other users. Users may make misrepresentations that they are Clean due to having a Badge on their profile. USERS ARE RESPONSIBLE FOR THEIR OWN SAFETY AND WELLBEING AND SHOULD TAKE CARE TO NOT BE MISLED BY OTHER USERS.

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