chat

چت:

Noctara Studio’s Messaging App: Comprehensive Terms of Service and Privacy Policy

Noctara Studio’s Messaging App: Comprehensive Terms of Service and Privacy Policy

1. Introduction

Welcome to Noctara Studio's messaging app (the “App”). By accessing, downloading, or using the App, you (the “User”) agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree with any of these Terms, do not use the App. These Terms constitute a legally binding agreement between you and Noctara Studio (“We”, “Us”, “Our”).

2. Disclaimer of Warranties

The App is provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible under applicable law, Noctara Studio disclaims any and all warranties, express or implied, including but not limited to:

• Fitness for a Particular Purpose: We do not warrant that the App will meet your specific needs or expectations.
• Non-Infringement: We do not warrant that the App does not infringe on any intellectual property rights.
• Error-Free Operation: We do not warrant that the App will be uninterrupted, timely, secure, or error-free.
• Accuracy: We do not warrant the accuracy or reliability of any information obtained through the App.

All risks associated with the use of the App are borne entirely by the User.

3. Limitation of Liability

Under no circumstances shall Noctara Studio, its affiliates, officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to:

• Loss of Profits: Any loss of revenue, income, or anticipated savings.
• Loss of Data: Any loss or corruption of data.
• Personal Injury: Any bodily harm or emotional distress.
• Property Damage: Any damage to your device or other property.

This limitation of liability applies even if we have been advised of the possibility of such damages and applies to all causes of action, including breach of contract, tort, negligence, strict liability, misrepresentation, and any other legal theory.

4. Indemnification

You agree to indemnify, defend, and hold harmless Noctara Studio, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising out of or relating to:

• Your use of the App.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property or privacy rights.
• Any allegation that your content caused damage to a third party.

5. User Conduct and Responsibilities

The User agrees to use the App in accordance with all applicable laws and regulations. Users are solely responsible for all their activities in connection with the App, including but not limited to:

• Content Sharing: Users are responsible for all content they share or transmit through the App and agree not to share any unlawful, harmful, defamatory, or otherwise objectionable content.
• Interactions with Others: Users are solely responsible for their interactions with other users. Noctara Studio does not conduct background checks or verify user identities. Any disputes or issues arising from user interactions are the sole responsibility of the User.
• Security: Users are responsible for maintaining the security of their account and are liable for any unauthorized access to their account.

6. Third-Party Content and Services

The App may contain links to third-party websites or services that are not owned or controlled by Noctara Studio. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the App, you expressly relieve Noctara Studio from any and all liability arising from your use of any third-party content or service.

7. Data Collection, Privacy, and Security

Your privacy is important to us, and we are committed to protecting your information. However, by using the App, you acknowledge and agree that:

• Data Collection: We collect and store certain information as outlined in our Privacy Policy.
• Data Transmission: No method of transmission over the internet or method of electronic storage is completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
• Data Breaches: Noctara Studio is not responsible for any unauthorized access, hacking, or data breaches that may occur. You agree not to hold us liable for any resulting damages or losses.

8. Modification and Termination

We reserve the right to modify, suspend, or terminate the App, your access to it, or these Terms at any time without prior notice. It is your responsibility to review these Terms regularly for any updates or changes. Continued use of the App following any such changes constitutes your acceptance of the new Terms.

9. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the jurisdiction in which Noctara Studio is headquartered, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction for the resolution of any disputes.

10. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

11. Force Majeure

Noctara Studio shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

12. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and Noctara Studio regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

14. Contact Information

For any questions or concerns about these Terms or the App, please contact us at [e-mail].