Terms of use

Welcome to the GoChat Messenger mobile application (“Application”, “GoChat Messenger ”), operated by Emirates Telecommunications Group Company P.J.S.C , duly established under the laws of the United Arab Emirates by virtue of Federal Decree No. 78 of 1976 having its head office at the intersection of Sheikh Zayed 1st Street and Sheikh Rashid Bin Saeed Al Maktoum Road, P.O. Box 3838, Abu Dhabi, United Arab Emirates (“we,” “us”, “our” or “Etisalat”).

These Terms of Use (“Terms”) govern your access and use of the GoChat Messenger and our related services, applications, products and content (collectively the “Services”). Thank you for using our services. Now, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

1. Acceptance of these Terms
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By accessing the GoChat Messenger and using the Services, you signify your agreement to these Terms and conditions. If you do not agree with any of the terms and conditions below, do not access or use the GoChat Messenger or the Services.

By using the Services, you also consent to the terms of the Privacy Policy, which, together with the Terms, form your agreement with Etisalat (“Agreement”) in relation to the use of the GoChat Messenger and/or the Services.

Etisalat may modify and/or make changes to these Terms at any time by posting the updated version to the GoChat Messenger or, in the case of any material change, by notification to you or by posting a notice through the Services. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of the Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

Users under the age of (16) are not allowed to create an account or use the Services. If you are under the age of (16) you may only use the Services with the prior consent of your parent or legal guardian. Please make sure your parent or legal guardian has read these Terms carefully and discussed them with you prior to using the Services.

If you are using the Services on behalf of a business or legal entity, you confirm that you are authorized to bind that business or legal entity to these Terms and agree to these Terms on behalf of that business or legal entity.

Reference in these Terms to “you” are references to you as an individual or a legal entity, as the case may be.

GoChat Messenger hereby grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application, and access and use the Services, solely for your personal non-commercial purposes strictly in accordance with the terms of this Agreement. Etisalat reserves all rights not expressly granted herein in the Services and the GoChat Messenger content. You acknowledge and agree that Etisalat may terminate this license at any time, for any reason or no reason.

In order to access the Services, you must register for an account (“Account”). You agree that the information provided by you for the purposes of account registration is accurate and will be kept accurate, complete, and up to date, at all time. You are solely responsible for maintaining the confidentiality of your Account, password and login details. You agree that you are solely responsible for all activities that occur under your account.

Etisalat reserves the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

If you have any concerns about your login details or think they have been misused, you should contact us support@gochatapp.net straight away to let us know.

These Terms governs your use of the Services.

Your Contacts:

  1. In order to access and use the features of the Services, you acknowledge and agree that you will have to provide GoChat Messenger with your mobile phone number. You expressly acknowledge and agree that GoChat Messenger may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Services. When providing GoChat Messenger with your mobile phone number, you must provide accurate and complete information. By subscribing for and using the Services, you hereby give your express consent to GoChat Messenger to use the mobile phone numbers you provide to access and use the Services. You should not use another person’s phone number without their permission.
  2. You can use the contact upload feature and, if permitted by applicable laws, provide us with the mobile phone numbers in your address book on a regular basis, including those of users of our Services and your other contacts. If any of your contacts aren’t yet using our Services, we’ll manage this information for you in a way that ensures those contacts cannot be identified by us.

You will not use the Services for any purpose that is unlawful or prohibited, or otherwise not intended by Etisalat, including, by way of example, and not as limitation:

  1. in any way that is false, inaccurate, or misleading;
  2. in any way that is disruptive;
  3. to attempt to restrict another user from using or enjoying the GoChat Messenger or to encourage or facilitate violations of these Terms or the GoChat Messenger Privacy Policy;
  4. (g) to post or transmit, or cause to be posted or transmitted, any content on the GoChat Messenger that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
  5. for any unlawful purposes or in any fashion that is not permitted under applicable laws;
  6. to reverse engineer, decompile, or disassemble the GoChat Messenger;
  7. to introduce or permit the introduction of any computer code, file, or program that may damage the Services or Etisalat’s network and information systems.

You shall not:

  1. copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means; or
  2. de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; or
  3. access all or any part of the Services in order to build a product or service which competes with the Services; or
  4. use the Services to provide services to third parties; or
  5. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or
  6. attempt to obtain, or assist third parties in obtaining, access to the Services other than as provided under this section 5.

Etisalat reserves the right, without liability or prejudice to its other rights, at any time and without prior notice, to disable your Account or remove your access to any content and/or remove content provided by you, for any reason or no reason.

All Intellectual Property Rights in or in relation to the Application, the Services, and any features are owned and shall vest in GoChat Messenger (“GoChat IP”).

Except for the right to access the Application and use the Services and any features in accordance with these Terms, you shall not acquire any right, title or interest in or in relation to any GoChat IP. Even if terms such as “Purchase”, “Sales,” and the like appear on screen in respect of certain Services or features of the Application, GoChat Messenger shall remain the owner of all the Intellectual Property Rights and other rights in or in relation to such Services, features and the content of the Application

For the purpose of this clause, Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights (including future copyright and design right), moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights in know-how and trade secrets, and all other intellectual property, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Certain features of the Services may permit you to upload content to the Services, including messages, reviews, data, text, photos, images and other types of material (“User Content”). By providing User Content to or via the Services, you grant Etisalat a worldwide, non-exclusive, royalty-free, license (with the right to sublicense) to host, store, transfer, display, reproduce, in whole or in part the User Content for the purpose of providing the Services. You represent and warrant to Etisalat that you are the owner of User Content or have the necessary licenses, rights, consents and permissions to authorize Etisalat to use User Content as set out in these Terms, and that the use of the User Content as contemplated in these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including intellectual property rights; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) violate any law or regulation; and (iv) is not otherwise objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

The GoChat Messenger may contain links to other independent third party sites (“Linked Sites”) and certain Services may display, include or make available content, data, information, applications, features or materials from third parties (“Third-Party Materials”). These are provided as a convenience to you. If you use any Third-Party Materials made available through our Services (including Services we jointly offer with the third party) or access any Linked Sites, each party’s terms will govern the respective party’s relationship with you. Etisalat makes no representation or warranty and shall have no liability in relation to the content or your use of any such Linked Sites or their terms. We may remove any Linked Sites from the GoChat Messenger at any time.

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges.

Some mobile network operators may prohibit or restrict the use of the Application functionality and may also impose additional fees, or other charges in connection with the service. You agree to the same and to abide by your network operators’ restrictions. GoChat Messenger will not be held liable for any charges, fees or liability imposed by your network operator/Carrier for use of the Application over mobile/cellular data.

Some features and Services on the GoChat Messenger may be subject to payments and charges. We accept payments online using Visa and MasterCard credit/debit cards, in UAE Dirhams (AED), or any currency otherwise agreed.

When you make a purchase within the GoChat Messenger and/or website, we may use third-party payment providers. Your purchase is also subject to the terms of those providers (including with respect to payment terms, refunds, etc.). You should read such applicable terms before you decide to complete the purchase.

Except as provided by law or set forth in this Terms, all purchases are final and non-refundable.

We may, from time to time, offer special promotional offers, which may include different terms and conditions. We reserve the right to change, cancel and/or restrict these promotional offers at our sole discretion and at any time. Additional or specific terms may apply to such promotional offers and will be disclosed prior to making purchase(s) based on such promotion(s).

  1. Smiles on the GoChat Messenger:
    1. GoChat Messenger will pre-enroll you for a Smiles account if you are not already enrolled.
    2. If you wish to proceed with using Smiles feature, you can complete your Smiles account registration from the Smiles application at your convenience.
    3. If you already have an active Smiles account then your Smiles account information will get synced with the Application, in order to let you utilize the Smiles features on the Application.
  2. GoChat Challenges
    1. You have the option to participate in the GoChat Challenges gaming services on the GoChat Messenger.
    2. GoChat Challenges offers multiple gaming formats including multiple challenges, games and battles. This is an optional feature which you accept to play by choice.
    3. Specific games may have service specific terms and rules of play. You are responsible for ensuring you read and abide by those service specific terms where applicable.
    4. You expressly agree that your participation is at your sole risk. You acknowledge that GoChat Messenger and its licensors shall not be responsible for any injury or any other liability towards you arising from or in connection with your participation. No advice or information whether by representations, oral, written or derived from the website or through the GoChat Gaming features shall be construed to mean the giving of a warranty of any kind by GoChat Messenger and or its licensors.
    5. You are an active user of the GoChat Messenger Application and are responsible for activating and using the GoChat gaming features, including any related pack, coins or gaming purchase.
    6. All purchases made under the GoChat Messenger gaming features are subject to the terms set out under Payments & Charges in section 11 of these Terms.
    7. You agree not to hold GoChat Messenger and its licensors, officers, directors, employees, affiliates and representatives liable for any direct or indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by you as winner or participant or by any third party, in connection with or otherwise arising in connection with your participation in the GoChat Challenges or gaming features.
    8. You agree that the GoChat Messenger shall hold no responsibility or liability with regards to the privacy, safety and security of any information (including personal information) that you may share independently with third parties in the course of using the GoChat gaming features.
  3. Communities and Channels:
    1. GoChat Messenger may offer a channels feature that enables you to engage and share content with your audience (“Channel”).
    2. The number of GoChat Messenger users that may be members of Communities and Channels will be determined in GoChat Messenger’s sole discretion.
    3. Any messages sent or content posted or shared within Communities or Channels, shall be subject to these Terms and the GoChat Messenger Privacy Policy.
    4. The Eligibility to create a Channel is determined by GoChat Messenger in its sole discretion.

The GPT Feature (the “Feature”) used in GoChat Messenger is provided through “Azure OpenAI” Feature from Microsoft.

Access: you must comply with GoChat Messenger minimum age requirement to use this Feature.

Usage Requirements: you may access this Feature following the GoChat Messenger General Terms of Use and stated conditions.

Personal Data: by accessing this Feature you acknowledge to share or insert your personal data voluntary for the provision of the Feature and the Service and consent to all actions taken by Etisalat in connection with the processing of your personal data, in accordance with applicable laws and Etisalat Privacy Policy available at https://www.gochatapp.net/en/privacy-policy.html

Content:

  1. Your Content.

    You may provide input to the Feature (“Input”) and receive the output generated and returned by the feature based on the Input (“Output”). GoChat Messenger will consider Input and Output collectively as (“Content”).

    Subject to your compliance with the general terms and conditions of GoChat Messenger and to the maximum extent permitted by applicable law, you own all Input you provide. As long as you adhere to these Terms, you can use Content for any purpose, including commercial purposes such as selling or publishing it.

    You also agree that GoChat Messenger Azure OpenAI and other related third parties may use the Content to provide and maintain the Features, comply with applicable law and enforce our policies. You are responsible for Content by ensuring its does not violate applicable law or these Terms.

  2. Similarity of Content
    Due to the nature of machine learning, Output may not be unique across users, and the Feature may generate the same or similar Output for GoChat Messenger or third parties. Responses requested by and generated for other users, are not considered your Content.
     
  3. Use of Content to improve Feature
    We reserve the right to use Content to develop or improve the feature.
     
  4. Accuracy
    Artificial intelligence and machine learning are rapidly evolving fields of study. Consistent efforts are made to improve the Feature and make it more accurate, reliable, safe and beneficial.
     
    Given the probabilistic nature of machine learning, using this Feature may in some situations, result inaccurate or incorrect Output that does not accurately reflect real people, places or facts, you should evaluate the accuracy of any Output as appropriate for your use case, including by using a human review of the Output.
     
    We recommend that you evaluate the accuracy of any Output as appropriate for your use case.
     
  5. Links to other websites
    The Feature may provide links to other websites and apps not operated or controlled by GoChat Messenger, Azure OpenAI Service affiliated and partners, including social media services (“Third Party Sites”). The information that you share with Third Party sites will be governed by the specific privacy policies and terms of service of the Third-Party sites and not by this Privacy Policy, by providing these links through the Feature, GoChat Messenger does not claim to endorse or have reviewed these sites, please contact the Third-Party sites directly for information on their privacy practices and policies

GoChat Messenger reserves the right to post advertisements for the GoChat Messenger or a third party on the Application. You acknowledge that GoChat Messenger is not responsible for the accuracy, authenticity and completeness of any advertising material posted, not for any errors or omissions in any advertisement material posted on the Application.

By creating a user account, you agree to receiving newsletters, marketing and promotional materials and other information we may send you.  You may opt out of receiving any marketing material at any time by contacting us at: support@gochatapp.net.

At any time, without liability and without prejudice to any of our rights and remedies, Etisalat may limit, suspend, withdraw or amend your access to the GoChat Messenger or some parts of the GoChat Messenger and/or to the Services, cancel any Services or features, at Etisalat’s sole discretion, with or without prior notice to you.

This Agreement shall remain in effect until terminated by you or GoChat Messenger.

  1. GoChat Messenger shall, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
  2. GoChat Messenger may terminate this Agreement immediately, without prior notice, in the event that you fail to comply with any provision of this Agreement.
  3. You may terminate this Agreement by deleting the Application and all copies thereof from your mobile device or desktop.
  4. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
  5. GoChat Messenger reserves its right to terminate or deactivate your account if your GoChat Messenger account is inactive or not accessed for a period more than sixty (60) days. Once your GoChat Messenger Account has been terminated, your account will be removed from our systems.

Etisalat will collect, store and process any personal data provided by you required for the provision of the Services, in accordance with applicable laws and the Etisalat Privacy Policy available at hhttps://www.gochatapp.net/en/privacy-policy.html By accessing the GoChat Messenger and using the Services, you consent to all actions taken by Etisalat in connection with the processing of your personal data provided by you.

You will defend, indemnify, and hold harmless Etisalat and its affiliates, officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (a) your access and use of the Services; (b) any User Content that you post or submit, including infringement claims related to your content; (c) your violation of these Terms or any applicable law or regulation; and (d) your negligence or willful misconduct.

The GoChat Messenger and the Services are provided on “as is” and “as available” basis and with no representations or warranties of any kind (whether express, implied, or statutory), including without limitation, any warranty or condition of merchantability, fitness for a particular purpose, non-infringement, title, satisfactory quality or accuracy. Without limiting the foregoing, Etisalat does not warrant that (a) the GoChat Messenger or the Services will meet your requirements or expectations or achieve the intended purposes, (b) the GoChat Messenger or the Services will be uninterrupted, timely, secure or error-free, (c) the information or content obtained through the GoChat Messenger or the Services will be accurate, complete, current, reliable or error- free, or (d) that defects in or on the GoChat Messenger or content will be corrected. To the fullest extent permissible by applicable law, Etisalat disclaims any and all implied warranties. To the fullest extent permitted by law, Etisalat, and our affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, views, or stores on or through our Services and you understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Etisalat, nor our affiliates will be responsible for. You expressly acknowledge and agree that your use of the GoChat Messenger and the Services, any content available on the GoChat Messenger and the Services is at your sole risk and responsibility.

To the fullest extent permitted by law, in no event will Etisalat, its subsidiaries and affiliates, any of their officers, directors, agents, employees, assignees, be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities), whether arising in contract, warranty, tort, product liability, or otherwise, and even if Etisalat’s been advised of the possibility of damages in advance.

Nothing in these Terms shall exclude or limit Etisalat, or our affiliates’ liability for: (a) death or personal injury arising from their own respective intent or negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability to the extent that such liability may not be excluded or limited as a matter of law.

Any notice which may be required to be given to us under these Terms may be sent to us by writing or emailing to the following address: support@gochatapp.net

These Terms and any orders or documents referred to herein contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to its subject matter.

In the event of any one or more provisions of these Terms is or becomes invalid or unenforceable, it shall be amended to the minimum extent necessary or deleted, but shall not affect the validity and enforceability of the rest of this Agreement.

Etisalat may, at its sole discretion and without your prior written consent, assign or transfer the Agreement and any or all of its rights and obligations under the Agreement to any subsidiary, affiliate, sister or group company of Etisalat, which entity shall assume all rights, obligations and liabilities of Etisalat and observe and perform all of the obligations of Etisalat under the Agreement as if it were the original party. Such transfer may take place upon Etisalat providing written notice to you, without the need to take any further consent from you (which is hereby deemed given) or the need to enter into further agreements. You explicitly agree and confirm that the notice will be deemed validly served and delivered to you and effective by the publication of the notice on the main website of Etisalat or communicated to you by any other means that are deemed appropriate by Etisalat.

These Terms and any dispute or claim arising out of, or in connection, with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws in force in the Emirate of Abu Dhabi in the United Arab Emirates. The courts of Abu Dhabi in the United Arab Emirates shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms and conditions, its subject matter or formation (including non-contractual disputes or claims).

Please send your feedback, comments, requests for technical support, questions about these Terms or Privacy Policy by email to: support@gochatapp.net.