Acceptance of Terms
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Chabatrading ("Company," "we," "us," "our"), a UK-based research and development team operating from the University of Stirling Innovation Park.
By accessing or using our website chabatrading.com, downloading, installing, or using any of our mobile applications, or engaging with any of our services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access or use the Services.
Definitions
- "Services" refers to all websites, applications, content, and related offerings provided by Chabatrading.
- "Application" or "App" refers to any software published by Chabatrading on the Apple App Store, Google Play Store, or other platforms.
- "Content" refers to all text, graphics, images, code, designs, and other materials provided through the Services.
- "User Content" refers to any content created, uploaded, or shared by users through our Services.
- "Subscription" refers to any recurring paid service offering.
- "Platform" refers to Apple Inc. (App Store), Google LLC (Play Store), and other distribution platforms.
Eligibility & Age Restrictions
You must be at least 13 years of age (or older as required by local law) to use our Services. Specific age requirements by jurisdiction:
- 13 years — United States (COPPA), most default jurisdictions.
- 16 years — United Kingdom, European Union (GDPR default).
- 14 years — Spain, South Korea, certain EU member states.
- 18 years — Some advertising-related features in certain jurisdictions.
By using the Services, you represent and warrant that you meet the applicable age requirement and have the legal capacity to enter into this Agreement. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms.
Parents and guardians are responsible for monitoring their children's use of our Services. We provide tools and guidance for parental supervision of our child-directed apps.
Account Registration
Some of our Services may require account registration. When creating an account, you agree to:
- Provide accurate, current, and complete information.
- Maintain and promptly update your account information.
- Maintain the security of your account credentials.
- Accept responsibility for all activities under your account.
- Notify us immediately of any unauthorised use of your account.
We reserve the right to suspend or terminate accounts that contain inaccurate information or remain dormant for extended periods.
License to Use Our Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use our website for personal or business purposes.
- Download, install, and use our mobile applications on devices you own or control.
- Use our Services for their intended purposes as described.
This license does not include the right to:
- Modify, copy, or create derivative works of our Services (except as permitted by open-source licenses).
- Reverse engineer, decompile, or attempt to extract source code.
- Resell, sublicense, or commercially exploit our Services.
- Remove or alter proprietary notices or labels.
App Store Specific Terms
For applications distributed through Apple's App Store, Google Play Store, or other platforms, additional terms apply:
Apple App Store (iOS Applications)
- These Terms are between you and Chabatrading only, not with Apple Inc.
- Apple has no obligation to provide any maintenance or support for the Apps.
- In case of failure of an App to conform to applicable warranties, you may notify Apple, and Apple may refund the purchase price.
- Apple has no other warranty obligations with respect to the Apps.
- Apple is not responsible for any claims relating to the Apps or your use of them, including product liability, legal compliance, or intellectual property infringement.
- You represent that you are not located in a country subject to US government embargo or designated as a "terrorist supporting" country.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Google Play Store (Android Applications)
- These Terms supplement and do not replace the Google Play Terms of Service.
- You must comply with all applicable Google Play policies.
- Payment processing for in-app purchases is handled by Google Play Billing.
- Refunds are subject to Google Play refund policies.
- You acknowledge that Google is not responsible for our Apps or any content therein.
Prohibited Conduct
You agree NOT to:
- Use the Services for any unlawful purpose or in violation of any applicable laws.
- Attempt to gain unauthorised access to any portion of the Services, other accounts, computer systems, or networks.
- Use any robot, spider, scraper, or other automated means to access the Services or extract data.
- Interfere with or disrupt the Services, servers, or networks connected to the Services.
- Upload or transmit viruses, malware, or any malicious code.
- Impersonate any person or entity or falsely state your affiliation.
- Collect or harvest personal information of other users.
- Use the Services to harass, abuse, threaten, or harm others.
- Post content that is defamatory, obscene, offensive, or otherwise objectionable.
- Circumvent, disable, or otherwise interfere with security-related features.
- Engage in any activity that could damage, disable, overburden, or impair our Services.
- Violate any applicable local, national, or international law or regulation.
- Use the Services for commercial purposes without our express written consent.
- Interfere with another user's enjoyment of the Services.
Intellectual Property Rights
All content, features, and functionality of our Services — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof — are the exclusive property of Chabatrading, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Chabatrading name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Chabatrading or its affiliates. You may not use such marks without the prior written permission of Chabatrading. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Open Source Components
Some components of our applications may be licensed under open-source licenses. The applicable licenses and attributions are documented within each application or on our website.
Feedback and Suggestions
If you provide feedback, suggestions, or ideas about our Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without restriction or compensation to you.
User Content
Our Services may allow you to create, upload, store, or share content ("User Content"). You retain all rights you already hold in your User Content. By submitting User Content, you grant Chabatrading a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and create derivative works of such User Content solely for the purpose of operating and improving our Services.
You represent and warrant that:
- You own the User Content or have the necessary rights to use and authorise its use.
- Your User Content does not infringe any third party's intellectual property, privacy, or other rights.
- Your User Content complies with applicable laws and these Terms.
For our local-first applications, your User Content primarily resides on your device. Cloud sync (when enabled) is end-to-end encrypted, meaning we cannot access the content even if we wanted to.
Purchases & Subscriptions
Some of our Services or features may require payment. By making a purchase, you agree to:
- Provide accurate payment information.
- Pay all applicable fees and taxes.
- Comply with the platform's billing terms (Apple App Store, Google Play Store).
In-App Purchases
In-app purchases processed through Apple App Store or Google Play Store are subject to those platforms' payment terms. We do not directly process payment for in-app purchases on these platforms.
Subscriptions
Subscription services automatically renew until cancelled. You may cancel your subscription at any time through your platform account settings. Cancellation takes effect at the end of the current billing period. We do not provide pro-rated refunds for partial subscription periods except as required by law.
Pricing Changes
We reserve the right to change our prices for paid Services. For subscription services, we will provide reasonable advance notice of price changes, giving you the opportunity to cancel before the change takes effect.
Refunds
Refund policies are determined by the distribution platform:
- Apple App Store: Refund requests are handled by Apple per their refund policy. Visit Apple Support for details.
- Google Play Store: Refund requests are handled by Google per their refund policy. Visit Google Play Support for details.
- Direct Purchases: For purchases made directly through our website, contact support@chabatrading.com within 14 days for a refund consideration. EU consumers have a 14-day right of withdrawal under the Consumer Rights Directive.
In ad-supported apps, we provide in-app purchase options to remove ads. All purchases are final except as required by law.
Third-Party Services
Our Services may contain links to third-party websites, services, or resources. We are not responsible for:
- The availability or accuracy of third-party content.
- The practices of third-party services, including advertising networks.
- Any damages arising from your use of third-party services.
Your use of third-party services is at your own risk and subject to those third parties' terms and privacy policies.
Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
CHABATRADING DOES NOT WARRANT THAT:
- The Services will be uninterrupted, secure, or error-free.
- The results obtained from use of the Services will be accurate or reliable.
- The quality of any products, services, information, or other material obtained through the Services will meet your expectations.
- Any errors in the Services will be corrected.
No advice or information, whether oral or written, obtained by you from Chabatrading shall create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the exclusions above may not apply to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHABATRADING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages.
- Loss of profits, revenue, data, use, goodwill, or other intangible losses.
- Damages resulting from (a) your access to or use of (or inability to access or use) the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; or (d) unauthorised access, use, or alteration of your transmissions or content.
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL CHABATRADING'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CHABATRADING IN THE PAST 12 MONTHS, OR (B) ONE HUNDRED POUNDS STERLING (£100).
Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless Chabatrading, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms.
- Your use of the Services, including but not limited to User Content.
- Your violation of any applicable law or the rights of a third party.
Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
You may terminate your use of the Services at any time by:
- Ceasing use of our website and applications.
- Uninstalling our applications from your devices.
- Deleting your account (where applicable).
- Contacting us to request account closure.
Upon termination:
- Your right to use the Services will immediately cease.
- For local-first apps, your local data will remain on your device unless you delete it.
- Any cloud-synced data may be deleted per our data retention policy.
- Provisions of these Terms which by their nature should survive termination shall survive.
Dispute Resolution
Informal Resolution
We want to address your concerns without needing a formal legal process. Before filing a claim against Chabatrading, you agree to try to resolve the dispute informally by contacting us at contact@chabatrading.com. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Chabatrading may pursue formal resolution.
Arbitration
For any disputes that cannot be resolved informally, you and Chabatrading agree to resolve any claims through final and binding arbitration, except as set forth below. The arbitration will be conducted by the London Court of International Arbitration (LCIA) under its applicable rules. The seat of arbitration shall be London, United Kingdom. The language of arbitration shall be English.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop infringement of intellectual property rights.
Class Action Waiver
You and Chabatrading agree that any arbitration or court proceeding will be limited to the dispute between the individual parties. To the fullest extent permitted by law, no arbitration or court proceeding may be joined with another, or consolidated, and you may not act as a class representative or participate as a member of a class.
EU Consumer Rights
If you are a consumer in the European Union, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr for disputes relating to our Services.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. However, if you are a consumer in the EEA, UK, or another jurisdiction with mandatory consumer protection laws, you may also benefit from the protections of your local consumer laws.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Changes to These Terms
We reserve the right to modify these Terms at any time. When we make changes, we will:
- Update the "Last Updated" date at the top of this page.
- Notify users via email or in-app notification for material changes.
- Provide at least 30 days' notice before material changes take effect.
- Where required by law, seek renewed consent.
Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.
Contact Us
If you have any questions about these Terms, please contact us:
Chabatrading — Legal Inquiries
Email: contact@chabatrading.com
Address: University of Stirling Innovation Park, United Kingdom
For privacy requests, please use the dedicated contact in our Privacy Policy.
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.