Bulletproof Liability Exclusion
Last updated & fully ratified: May 24, 2026
IMPORTANT LEGAL NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY. BY CLICKING "I AGREE" OR BY ACCESSING OR USING THE SERVICE, YOU WAIVE SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, THE RIGHT TO BRING A CLASS ACTION, AND THE RIGHT TO A JURY TRIAL.
1. ABSOLUTE WARRANTY DISCLAIMER ("AS-IS" & "AS-AVAILABLE")
THE SERVICE AND ALL USER-GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE OPERATORS, DEVELOPERS, AFFILIATES, AND THIRD-PARTY HOSTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WARRANTIES OF ABSOLUTE DATA DELETION, EPHEMERALITY, SECURITY, COMPLETENESS, ACCURACY, OR CONTINUOUS AVAILABILITY.
- WARRANTIES THAT THE SERVICE WILL BE FREE FROM MALWARE, BUGS, SERVER OUTAGES, SPAM, SYSTEM ERRORS, OR ADVERSE USER CONDUCT.
THE ENTIRE RISK ARISING OUT OF THE USE OF, SECURITY OF, OR PERFORMANCE OF THE SERVICE REMAINS SOLELY AND EXCLUSIVELY WITH YOU.
2. COMPREHENSIVE LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) SHALL THE SERVICE, ITS OPERATORS, FOUNDERS, DEVELOPERS, ASSIGNS, CLOUD PROVIDERS, OR SERVER HOSTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, INJURIES, OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
- DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, DISCRETIONARY, OR PUNITIVE DAMAGES.
- LOSS OF PROFITS, REVENUE, DATA, OR MENTAL PEACE.
- PSYCHOLOGICAL INJURY, EMOTIONAL DISTRESS, OR DEFAMATION ARISING FROM EXPOSURE TO OFFENSIVE, DEFAMATORY, HARASSING, OR ILLEGAL USER-GENERATED CONTENT.
- INCIDENTAL EXPOSURES OF CHAT DATA, SERVER INTRUSIONS, THIRD-PARTY HACKS, DATA LEAKS, OR SERVICE INTERRUPTIONS.
- THIRD-PARTY ACTIONS, INCLUDING OTHER USERS CAPTURING, STORING, OR DISTRIBUTING YOUR CONVERSATIONS VIA SCREENSHOTS, COPIES, OR EXTERNAL PUBLICATIONS.
3. TOTAL INDEMNIFICATION & HOLD HARMLESS
YOU AGREE TO FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OPERATORS, DEVELOPERS, SERVER HOSTS, AND INFRASTRUCTURE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LAWSUITS, LOSSES, RESPONSIBILITIES, DAMAGES, JUDGMENTS, ARBITRATION AWARDS, COST ASSESSMENTS, AND LEGAL FEES (INCLUDING REASONABLE LAWYER FEES) ARISING SOLELY OR INDIRECTLY FROM:
- YOUR MISCONDUCT, CONDUCT, OR TRANSMITTED CONTENT THROUGH THE SERVICE.
- YOUR VIOLATION OF THESE TERMS & CONDITIONS.
- YOUR SCREENSHOTTING, EXPORTING, REPLICATING, OR SHARING CHAT DATA EXTERNALLY.
4. CONTRACTUAL LIQUIDATED DAMAGES CAP
IF, NOTWITHSTANDING THE COMPREHENSIVE EXCLUSIONS AND DISCLAIMERS SET FORTH IN THESE TERMS, ANY COURT OF COMPETENT JURISDICTION FINDS THE OPERATORS LIABLE FOR ANY CLAIM, YOU AGREE THAT TOTAL AGGREGATE LIABILITY OF THE PLATFORM OPERATORS SHALL BE CONTRACTUALLY CAPPED AND STRICTLY LIMITED TO A MAXIMUM OF $0.00 USD (OR THE AMOUNT PAID BY YOU TO USE THE SERVICE, WHICH IS $0.00 USD).
5. MANDATORY BINDING INDIVIDUAL ARBITRATION
ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS SHALL BE RESOLVED EXCLUSIVELY BY INDIVIDUAL BINDING ARBITRATION IN DELAWARE, UNITED STATES OF AMERICA, UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA). YOU CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THERE.
6. FOREVER CLASS ACTION WAIVER & JURY TRIAL WAIVER
YOU AND THE PLATFORM AGREEMENT AGREE THAT ANY RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION LAW-SUITS OR GROUP ARBITRATIONS IN ANY FORUM WHATSOEVER.
7. EXTREMELY SHORTENED STATUTE OF LIMITATIONS
YOU AGREE THAT ANY CAUSE OF ACTION OR LEGAL CLAIM ARISING OUT OF OR RELATING TO THE SERVICE MUST BE COMMENCED WITHIN THIRTY (30) CALENDAR DAYS AFTER THE CAUSE OF ACTION ACCRUES, OR BE PERMANENTLY BARRED, EXTINGUISHED, AND FORFEITED FOREVER.
8. Message Storage
Chat messages are held in server memory for live delivery and are not written to a persistent message database by the chat application. Messages may remain in memory until the server restarts or storage limits require older messages to be removed. Public-room messages are visible to other participants.
9. USER CONDUCT & EXCLUSION OF THIRD-PARTY DEFAMATION
THE SERVICE IS A CONDUIT AND UNDER SECTION 230 OF THE COMMUNICATIONS DECENCY ACT (AND EQUIVALENT INTERNATIONALLY), OPERATORS ARE TOTALLY IMMUNE TO LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT, ANONYMOUS STATEMENT WRONGS, FRAUD, IMPERSONATION, DEFAMATION, SPAM, OR HARASSMENT INDUCED BY THIRD-PARTY USERS.
10. JURISDICTION & SEVERABILITY
These Terms shall be governed by Delaware, USA law. If any portion of these Terms is deemed illegal, unenforceable, or void by a court, the remaining terms shall survive in full force and effect to the maximum extent of legal severability.
Strict Privacy Disclosure
Last updated: October 4, 2026
1. Zero Persistent Collection
ChatHere does not require an account, email address, or phone number. Like other real-time web services, the server processes connection information to deliver messages and protect service availability. See our privacy information for details and avoid sharing sensitive personal information in chat.
2. Temporary Message Storage
Messages are held in server memory so they can be delivered to people in a room. They are not written to a persistent message database by the chat application, but may remain in memory until the server restarts or storage limits require older messages to be removed. Messages in public rooms can be read by other room participants.
3. Cookies Disclaimer
We do not employ any advertising or analytics cookies. Technical storage is strictly used for storing local preferences (like active room tab).
4. Contacts & legal
For any official notifications, contact us at: legal@chathere.online
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