Terms Of Use
1. Introduction and validation of conditions
Please take the time to read the Chat&Yamo terms of use. This is a contract between you and Affinity Square US Inc (as defined below) and we want you to be aware of your rights and ours before using the application and/or website Cat&Yamo.
Please take a moment to read these Terms before enjoying the App or Website, as once you access, view or use our Platform, you will be legally bound by these Terms.
By creating a Chat&Yamo account, whether through a mobile device or application or a computer, you agree to be bound by:
- Our terms of use;
- Our privacy policy;
- Our cookies policy;
- Our arbitration procedures;
- Our Safety Tips and Community Guidelines, all of which are incorporated into this Agreement;
- All terms disclosed and accepted by you if you opt for additional features, products or services offered by us.
If you do not agree to be bound by all the terms of this Agreement, please do not use the Service. We may make changes to this Agreement and the Service from time to time. We may do this for a variety of reasons, including to reflect changes or requirements in law, new features, or changes in business practices.
The most recent version is the one that applies. If the changes involve material changes to your rights or obligations, we will notify you at least 30 days in advance (unless we are permitted to do so under applicable law) by reasonable means, either by notification from the service or by email. If you continue to use the Service after the changes become effective, you accept the revised Agreement.
2. Eligibility
In order to use the Chat&Yamo application or website, you must create an account and be at least 21 years old if you live in Cameroon and 18 years old otherwise.
By accepting the terms and conditions and then creating an account, you guarantee that:
- You are of legal age to enter into a binding contract with Chat&Yamo;
- You are not a person prohibited from using the Service under the laws of any applicable jurisdiction;
- You will comply with this Agreement and all applicable domestic and international laws, rules and regulations;
- You have never been convicted of a sex crime, or any other crime involving violence;
- You are legally permitted to use the application by the laws of your home country.
If you do not meet these conditions, you must immediately delete your account. Otherwise, you automatically agree to:
- Comply with these terms, and check this page from time to time to ensure that you are aware of any changes;
- Comply with these terms, and check this page from time to time to ensure that you are aware of any changes;
- Use the latest version of the website or application;
- Treat other users in a courteous and respectful manner, even outside of our services;
- Be respectful when communicating with one of our customer service representatives or other employees;
- Review safety tips;
- Review and comply with community guidelines, as updated from time to time;
- Keep a secure password and take reasonable steps to keep your personal information secure.
You also agree not to:
- Use a false identity, current or previous position, qualifications or affiliation, fake age or present yourself as an entity;
- Use the App in any way that overburdens the Services or inhibits their use by other users;
- Use our Services in any way that interferes with, disrupts, or negatively affects our Services’ platform, servers, or networks;
- Use our services for harmful or illegal purposes;
- Harass, intimidate, stalk, assault, defame, harm or abuse any person in any way;
- Publish or share prohibited content;
- Obtain passwords for any purpose, or personal identifying information for commercial or illegal purposes from other users or distribute another person’s personal information without their permission;
- Request money or other items of value from another user, whether as a gift, loan or compensation;
- Use another user’s account;
- Use our services in connection with fraud, pyramid schemes or any other similar practices;
- Disclose private or proprietary information that you do not have a right to disclose;
- Copy, modify, transmit, distribute or create works from Member Content or our Content, or any copyrighted material, images, trademarks, trade names, brands service or any other intellectual property, content or proprietary information accessible via our services without the prior written consent of Chat&Yamo;
- Insinuate or imply that the statements you make are approved by Chat&Yamo;
- Use any robot, crawler, site search or retrieval application, proxy or other manual or automatic device to access, retrieve, index, data mine, reproduce or otherwise circumvent the structure navigation or the presentation of our services or its content;
- Upload viruses or other malicious code or otherwise compromise the security of our Services;
- Forge headers or manipulate identifiers in order to disguise the origin or transmission of any information through our Services;
- Reproduce or copy any part of our services without the prior written permission of Chat&Yamo;
- Use meta tags or code or other devices referencing Chat&Yamo or the Platform (or any trademark, trade name, service mark, logo or slogan of Chat&Yamo) to direct people to another website;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or disassemble any part of our Services, or cause others to do so;
- Use or develop third-party applications that interact with our services, content or member information without our written consent;
- Use, access or publish the Chat&Yamo application programming interface without our written consent;
- Probe, scan or test the vulnerability of our services;
- Encourage, promote or agree to engage in any activity that violates these Terms.
3. Your account
Anyone wishing to access Chat&Yamo must first register online by defining a user name (Pseudo) as well as certain data from their profile in order to benefit from the various services offered. To use Chat&Yamo, you can register in different ways, including using your Facebook login details.
If you create an account using these, you authorize us to access, display and use certain information from your Facebook account (for example, profile photos, relationship status, your location and information about your Facebook friends). For more information about what information we use and how we use it, please see our Privacy Policy.
Chat&Yamo reserves the right to refuse any member it deems ineligible, without further justification and without the member being able to make any complaint in this regard. We use a combination of automated systems and a team of moderators to monitor and review accounts and posts for content that violates these Terms.
We reserve the right, in our discretion, to terminate or suspend any account, restrict access to the Application or Website, or use any operational, technological, legal or other means available to enforce the conditions (including blocking specific IP addresses), at any time, without having to notify you in advance.
Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your account without notice under these terms:
- For violation of these conditions;
- As a result of your behavior on the App or Website, or your attitude towards other users of the App or Website (including your “offline” behavior), if we determine that your conduct was inappropriate or unsuitable;
- If we or our affiliates determine that your conduct on other applications or websites operated by our affiliates was inappropriate or inadequate;
- For any other reason that we consider may justify termination.
If your account is terminated or suspended, you agree not to receive any refund for any paid services or features you have already been billed for.
4. Interactions with other members
Chat&Yamo strives to encourage a respectful user experience through features such as double opt-in which allows members to communicate only after they have both indicated their interest in each other. However, Chat&Yamo is not responsible for the conduct of any member online or offline.
You agree to exercise caution in all interactions with other Members, particularly if you decide to communicate outside of the Service or meet in person. Furthermore, you agree to review and follow Chat&Yamo’s security tips before using the Service. You agree not to provide your financial information (for example, your credit card or bank account), nor to transfer or send money to other members.
You are solely responsible for your interactions with other members. You should be aware that Chat&Yamo does not conduct criminal background checks on its members or inquire about their past. Chat&Yamo makes no representations or warranties as to the conduct or compatibility of members.
5. Content
There are three types of content you will be able to access on the app:
- The content you upload and post (Your Content);
- The content that members post (Member Content);
- The content that Chat&Yamo provides (Our Content).
Users should be able to express themselves as much as possible and post all kinds of things on Chat&Yamo, but we impose restrictions on content:
- Containing language or images that could be considered offensive or likely to harass, upset, embarrass, alarm or annoy any other person (for example, language that could be characterized as discriminatory based on a person’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- Obscene, pornographic, violent or otherwise offensive to human dignity (for example, language that could be characterized as discriminatory based on a person’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- Abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry (for example, language that could be considered discriminatory based on a person’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- Encouraging any illegal activity, such as terrorism, incitement to racial hatred, which in itself constitutes a criminal offence;
- Defamatory or slanderous;
- Regarding commercial activities (sales, contests and advertisements, links to other websites or premium rate telephone numbers);
- Involving the transmission of “junk” mail or spam;
- Containing spyware, adware, viruses, corrupted files, worms or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, a Trojan horse or any other material designed to damage, interfere with, intercept or extract any data or personal information from Chat&Yamo or otherwise;
- Infringing the rights of a third party (intellectual property rights and privacy rights);
- Showing another person whose personal information has been created or distributed without their consent;
- Harming minors;
- Impersonating another person.
Chat&Yamo has a zero tolerance policy for this type of content. While Chat&Yamo reserves the right to review and remove content that violates this Agreement, such content is the sole responsibility of the member who posts it, and Chat&Yamo cannot guarantee that all content will comply with this Agreement.
i. Your content:
You agree that your content must comply with our requirements, as updated from time to time. As your content is unique, you are responsible for it and you agree to indemnify, defend, and hold us harmless from any claim related to your content.
It is recommended that you do not display any personal contact or banking information on your individual profile page, whether yours or anyone else’s (names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details).
If you choose to reveal personal information about yourself to other users, whether by email or otherwise, you do so at your own risk. We encourage you to be as careful with your personal information online as you would be with a stranger in other circumstances.
Chat&Yamo being a public community, your content will be instantly visible to other users of the application/website worldwide. Therefore, make sure you are comfortable with your content being shared before making any posts. As such, you agree that your content may be seen by other users and by anyone visiting, participating in or receiving a link to the application/website (people receiving a link to a user’s profile or content shared by other Chat&Yamo users).
By posting your content on Chat&Yamo, you acknowledge that you have all necessary rights and licenses to do so, and you automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use your content in any way (editing, copying, modifying, adapting, translating, reformatting, building upon it for other projects, incorporating it into other works, advertising, distributing and making it available to the general public, in whole or in part and in any format or medium now known or developed in the future).
We may assign and/or sublicense the above license to our affiliates and successors without further approval from you.
We have no obligation to store your content – if it’s important, make a copy.
ii. Member Content
Other Chat&Yamo users will also be able to share content via the app and website. The content belongs to the user who posted it and is stored on our servers and then displayed on the app and website at the user’s request.
You have no rights to other users’ content and may only use their personal information to the extent that your use is consistent with Chat&Yamo’s goal of connecting people. You may not use other users’ information for commercial purposes, to spam, harass, stalk, or make illegal threats. We reserve the right to terminate your account if you misuse this information.
Member Content is subject to the terms and conditions of the Cameroon Copyright Act 1996.
iii. Our Content
All other text, content, graphics, user interfaces, trademarks, logos, sounds, illustrations and other intellectual property appearing on Chat&Yamo are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property rights. All right, title and interest in and to our content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable license to access and use our content, without the right to sublicense, subject to the following conditions:
- You will not use, sell, modify or distribute our content except as permitted by the functionality of the application or website;
- You must not use our name in meta tags, keywords or hidden text;
- You must not use our content as inspiration for other projects or commercially exploit our content, in whole or in part, in any way;
- You will only use our content for lawful purposes;
- We reserve all other rights.
6. Confidentiality
For more information on how Chat&Yamo collects, uses and shares your personal data, please see our Privacy Policy. By using Chat&Yamo, you consent to the use of this data in accordance with our Privacy Policy.
7. Purchases and payments
From time to time, Chat&Yamo offers paid products and services (in-app purchases) through the Apple Store, Google Play Store, Direct Carrier Billing (DCB), Direct Billing by Chat&Yamo or other payment platforms authorized by Chat&Yamo.
If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your payment method (whether your card or a third-party account such as Google Play Store, Apple Store, MTN Mobile Money or Orange Money) will be charged for the in-app purchase at the prices displayed to you for the service(s) you selected plus any sales tax or similar tax that may be imposed on your payments, and you authorize Chat&Yamo or the third-party account, as applicable, to charge you.
Automatic renewal
If you subscribe to an offer that renews automatically via an in-app purchase, you will continue to be charged for the subscription until you cancel it. Your subscription will remain active and will automatically renew for an additional equivalent period, at the same price as when you first subscribed.
Card payment information will be stored and used later for automatic card payments in accordance with the contract.
If you wish to change or cancel your subscription, you must go to your settings on Chat&Yamo and follow the instructions to cancel or terminate your subscription, even if you have previously deleted your account with us or deleted the Chat&Yamo app from your device.
Deleting your account on Chat&Yamo or the app from your device does not terminate or cancel your subscription; Chat&Yamo will retain all funds charged to your payment method until you terminate or cancel your subscription on Chat&Yamo or the third-party account, as applicable.
If you terminate or cancel your subscription, your subscription will remain active until the end of the scheduled term. The subscription in question will therefore not be renewed after expiration.
Refund Policy
Users have the right to withdraw, but there is no refund or credit for services used or for partially used periods in the case of unsolicited automatic payments.
The service we provide includes, but is not limited to, digital content and software. If you choose to subscribe and pay for premium services on the Chat&Yamo app, you acknowledge that you will lose your right of withdrawal (refund) before the end of the withdrawal period.
In addition, you lose your right to a refund as soon as you consume any of the premium services available for the subscription plan you purchased. The premium services available for subscription plans include, but are not limited to, the following services:
- Unlimited profile views;
- Unlimited number of relationship requests;
- Unlimited number of likes;
- Unlimited number of direct messages;
- Ability to filter suggested profiles based on interests and take advantage of other service packs available on Chat&Yamo.
Subscription funds may be refunded in other circumstances, such as if we terminate your subscription without explanation. The right to withdraw should not be confused with the right to withdraw consent. If you wish to withdraw your consent or want us to stop using your data for any reason, you can delete your account and your profile will cease to be visible to other users.
To delete your account, go to Chat&Yamo settings and click on delete account, your account will be permanently deleted. Click here to view our privacy policy.
Chat&Yamo will not provide any refunds if you choose to withdraw your consent and delete the Chat&Yamo application.
Right of withdrawal
You may cancel your subscription at any time, for any reason, effective upon receipt of your written notice of termination by Chat&Yamo, your subscription will be terminated effective the subscription month following your request to terminate such subscription; however, any fees charged for a previous subscription, or used during the current subscription month, will not be refunded, notwithstanding the refund provisions as set forth in this Refund Policy.
8. Notifications
You will have the opportunity to receive emails, text messages, notifications, alerts and other messages related to the Chat&Yamo App/Website and/or Services, such as improvements, offers, products, events and other promotions.
After downloading the app, you will be asked to accept or decline notifications. If you decline, you will not receive them. If you accept, notifications will be sent to you automatically. If you no longer wish to receive them, you can unsubscribe by changing your notification settings on your mobile device.
9. Rights granted to you by Chat&Yamo
Chat&Yamo grants you the right to use and enjoy our Services, subject to these Terms. As long as you comply with these Terms, Chat&Yamo grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable and non-sublicensable license to access and use our Services for the purposes intended by Chat&Yamo and as permitted by these Terms and applicable laws.
10. Rights you grant to Chat&Yamo
You own any content you provide to Chat&Yamo, but you also grant us the right to use it as contemplated in this Agreement.
By creating an account, you grant Chat&Yamo a worldwide, perpetual, transferable, sublicensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and share your content, including any information you provide us with access to from Facebook or another third-party source (if applicable), in whole or in part, and in any format or media now known or developed in the future.
Chat&Yamo’s license to your content will be non-exclusive, and exclusive in the case of projects inspired by the use of our services. For example, Chat&Yamo would have an exclusive license to screenshots of our services that include your content.
In consideration for Chat&Yamo allowing you to use its services, you agree that our affiliates and third-party partners may advertise on our services.
By submitting suggestions or comments to Chat&Yamo regarding our services, you agree that Chat&Yamo may use and share them for any purpose without compensating you.
You agree that Chat&Yamo may access, preserve and disclose your account information, including your content, if required to do so by law or if such disclosure is reasonably necessary to:
- Comply with a legal procedure;
- Enforce these terms;
- Respond to claims that any content violates the rights of third parties;
- Respond to your customer service requests;
- Protect the rights, property or personal safety of the Company or any other person.
11. Disclaimer
Chat&Yamo provides the Service “as is” and “as available” and, to the extent permitted by applicable law, makes no warranties of any kind, whether express, implied, statutory or otherwise, with respect to the Service (including any content contained therein), satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.
Chat&Yamo does not represent or warrant that (a) the Service will be uninterrupted, secure, or error-free, (b) any defects or errors in the Service will be corrected, or (c) any content or information you obtain on or through the Service will be accurate.
Chat&Yamo is not responsible for any content that you, another user, or any third party posts, sends, or receives through the Service. Any material downloaded or otherwise obtained through the use of the Service is your sole responsibility.
12. Third Party Services
The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. Chat&Yamo is not responsible for the availability of such external websites or resources. If you choose to interact with third parties made available through our Service, the third party’s terms will govern their relationship with you. Chat&Yamo is not responsible for the terms or actions of such third parties.
13. Limitation of liability
To the fullest extent permitted by applicable law, in no event shall Chat&Yamo, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive or enhanced damages, including, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from:
- Your access to, use of, or inability to access or use the Service;
- From the conduct or content of other users or third parties on, through or resulting from use of the Service;
- Unauthorized access, use or alteration of your content, even if Chat&Yamo has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of them may not apply to you.
Dispute Resolution:
If you are not satisfied with our services for any reason, please contact Chat&Yamo customer support first so that we can try to resolve your issues without resorting to outside help.
If you choose to pursue a claim against Chat&Yamo, you must first seek relief through arbitration. The competent arbitral tribunal will be the GICAM Arbitration Center, Cameroon. The rules to be applied in the arbitration will be those of that Center.
14. Applicable laws
The laws of the Republic of Cameroon shall apply to any dispute arising out of our services or related to this Agreement. Notwithstanding the foregoing, the arbitration agreement in Section 14 above shall be governed by the OHADA Uniform Act on Arbitration Law.
15. Complete Agreement
These Terms, together with the Privacy Policy, Cookie Policy, Community Guidelines, Refund Policy, Safety Tips, and any Additional Terms of Purchase, constitute the entire agreement between you and Chat&Yamo regarding the use of our Services.
The Terms supersede all previous agreements, representations and understandings between us, whether written or oral.
If any provision of these Terms is held to be invalid, illegal or otherwise unenforceable, the remaining provisions of the Terms will remain in full force and effect.
16. Severability
Any part, provision, representation or warranty of this Agreement which is prohibited or found to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.