Terms of Service

General Information

These Terms are effective and were last updated on June 23, 2020.

1.1 Chimani products

These Terms and Conditions contain the terms on which Chimani supplies content, products, and services through the website, the apps, and related delivery methods. By ordering, using, or accessing the products, you agree to be bound by these Terms and all applicable laws, rules, and regulations. If you do not agree, do not use the products.

Chimani can be contacted at support@chimani.com for any questions about your use of the products or these Terms.

1.2 Arbitration notice and class action waiver

These Terms contain an arbitration clause. Except for certain disputes described in the arbitration section, you and Chimani agree that disputes relating to these Terms or your use of the products will be resolved by mandatory binding arbitration, and both parties waive any right to participate in a class-action lawsuit or class-wide arbitration.

1.3 Basis of license

1. These Terms and the order set out the whole agreement for the supply of the products. Additional terms may apply to certain products and will control to the extent they conflict with these Terms.
2. Please check that the details in these Terms and on the order are complete and accurate before using or purchasing the products.
3. By using the products, you consent to the processing and storage of personal information in the United States, including for payment processing and tracking use of the products, subject to applicable law.

1.4 Changes to terms

Chimani may change or update these Terms or related policies at any time by posting updated terms on this page. Continued use of the products constitutes agreement to the updated Terms.

Accounts and Subscriptions

2.1 Creating an account

1. You may register for a free Chimani account by providing your email address and creating a password. You are responsible for maintaining the confidentiality of your account and restricting access to your device.
2. You may provide user information while using the products. You are responsible for its accuracy and for keeping it up to date.
3. By placing an order, you warrant that:
   1. You are legally capable of entering into binding contracts.
   2. All registration information you submit is truthful and accurate.
   3. You will maintain the accuracy of that information.
   4. Your use of the products does not violate applicable law or regulation.

2.2 User information

You are responsible for maintaining the confidentiality of your account, password, and other user information and for restricting access to your device.

2.3 Use by minors

You must be 18 years of age, or the age of majority in your jurisdiction, to sign up as a registered user. Individuals under that age may use the products only with the involvement and consent of a parent or legal guardian.

2.4 Account access

Account holders receive access to certain features not available to anonymous visitors. By creating an account, you opt in to occasional special-offer, marketing, survey, and product-based emails, and you may unsubscribe using the instructions in those emails. Accounts and subscriptions are not transferable.

Subscription Terms

2.5 Subscriptions

1. Chimani users may access the products in three ways:
   1. Browsing the website or apps without creating an account.
   2. Using a free Chimani account.
   3. Using a paid subscription that unlocks premium features. Website purchases include a 30-day money-back guarantee; purchases through Apple or Google stores are subject to those stores' payment policies and may not be refundable.
2. Annual and lifetime subscription terms:
   1. Annual subscriptions are paid up front and renew automatically each year unless canceled before renewal.
   2. If a website-based annual plan renews by mistake, email support@chimani.com within 30 days of the renewal payment to request a refund. Store renewals remain subject to the app-store policies.
   3. Lifetime subscriptions are paid as a one-off payment, with the term ending when 100 years have elapsed from purchase or Chimani stops commercially offering the products.
   4. Website annual renewals can be canceled in your account or by emailing support@chimani.com. Apple and Google renewals must be canceled through their subscription settings.
   5. You must promptly notify Chimani of changes to your payment method and remain responsible for applicable fees, charges, and taxes.
   6. Chimani and its payment provider may receive updated credit-card information from your issuer to prevent subscription interruption.
   7. Chimani's obligation to provide the products begins when it receives your order and confirms the purchase by email.

2.6 Device requirements

To use Chimani on a smartphone or other device, the device must meet the applicable system requirements listed on the website or the Apple and Google app marketplaces.

2.7 Gifting

Gift subscriptions are prepaid subscriptions. They are billed at purchase, delivered on the specified date, redeemable only once in the country for which they were purchased, and are not refundable or redeemable for cash.

2.8 Changing fees and charges

Chimani may change fees or add new fees for products in its sole discretion and will provide at least 30 calendar days' notice. If you do not agree, you may cancel your subscription.

Cancellation of Services

3.1 Cancellation by you

1. Website subscriptions can be canceled in account settings or by emailing support@chimani.com.
2. Apple App Store and Google Play subscriptions must be canceled through the relevant store subscription settings.

3.2 Cancellation by us

Chimani may suspend or terminate your use of the products as a result of fraud or a breach of these Terms, including unauthorized copying or downloading of content.

3.3 Promotion codes

Promotion codes and offers may not be combined with other promotions unless expressly stated. Introductory offers are generally available only to new users, and renewals are charged at the rate in effect at renewal.

Prohibited Use of the Products

You may not upload or transmit malicious code, interfere with servers or networks connected to the products, access the products in an unauthorized manner, impersonate another person, behave offensively while using the products, or use the products for illegal, immoral, or harmful purposes. Breaching this section may constitute a criminal offense and may lead to immediate termination of your right to use the products.

Materials Offered Through the Products

5.1 Copyright

1. Materials contained in the products are owned by Chimani, its affiliates, or licensors unless otherwise stated. You do not acquire ownership rights in those materials.
2. Third-party licensors may directly enforce the relevant provisions protecting their materials.
3. The products are not intended for commercial use. Materials may not be copied, distributed, republished, or transmitted without Chimani's prior written consent.
4. A limited amount of content may be marked for user distribution in personal social channels or commentary, subject to the terms set by Chimani.
5. You may not otherwise download, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or exploit product content without authorization.

5.2 Trademarks

Chimani, the Chimani logo, and related product or service marks are trademarks of Chimani. Other trademarks, logos, and company names remain the property of their respective owners. Nothing in the products grants a license to use or copy those marks.

Availability of Products

Chimani aims to provide the best service possible but does not promise that the products will meet every requirement or be fault free. Faults should be reported to support@chimani.com, and Chimani may suspend access while addressing a problem.

Access may occasionally be restricted to allow repairs, maintenance, or the introduction of new facilities or products. Chimani will restore service as soon as reasonably possible.

User Material

The products may allow you to submit public material such as profile photos, reviews, and activity photos. Chimani does not always review user material and is not responsible for content submitted by you or other users.

Chimani may refuse to post, remove, or edit user material, or restrict or terminate access to the products, particularly where user material breaches these Terms.

Chimani may use user material for internal business purposes, including trend analysis, promotion, marketing, or advertising.

Each time you submit user material, you represent and warrant that:

1. You own the user material or have the right to submit it.
2. It is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate.
3. It does not advertise products or services or solicit business.
4. It does not improperly identify minors and does not impersonate another person.
5. You will not collect usernames or email addresses for unsolicited email.
6. You will not engage in fraud, spamming, infringement, theft of trade secrets, or attempts to impersonate another person.
7. You will not use scripts or automation to alter Chimani content.
8. You will not access, tamper with, or use non-public areas of the products or Chimani systems without authorization.
9. You will not probe, scan, or test the vulnerability of the products or Chimani systems except as necessary for normal commercial anti-virus or anti-malware protection.

User material is not confidential. By submitting it, you grant Chimani an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, display, edit, distribute, and otherwise exploit that material, and you agree to indemnify Chimani for claims arising from it.

Any feedback, suggestions, ideas, or similar submissions outside normal product use are treated as non-proprietary and non-confidential and may be used by Chimani on the same broad licensed basis.

Products Disclaimer

Information contained in the products is provided for general information purposes only. Chimani makes no representations or warranties about the completeness, accuracy, reliability, suitability, accessibility, security, or availability of the products or their information, and any reliance is at your own risk.

End User License

Subject to these Terms and any applicable subscription fees, Chimani grants you a limited, non-exclusive, revocable license to stream, download, and make personal non-commercial use of the products.

The products contain copyrighted, proprietary, and other intellectual property owned by Chimani or its licensors. You are licensed to use the products, not sold ownership of them.

You agree not to, and not to help a third party to:

1. Copy, store, reproduce, transmit, modify, reverse-engineer, emulate, de-compile, or disassemble the products, or create derivative works from them.
2. Use the products to create another software product or tool.
3. Tamper with the products or circumvent technologies used to protect content.
4. Circumvent territorial restrictions applied to the products.
5. Use the products in a way that violates the license agreement or other Terms.
6. Use the products for any commercial purpose without Chimani's express written consent.

You may not make the products available to the public except as permitted by these Terms.

Digital Millennium Copyright Act (DMCA) Notice

Chimani requires users to comply with copyright and related laws and may remove or disable access to allegedly infringing material upon receipt of a proper DMCA notice.

A valid notice should include:

1. An electronic or physical signature of the authorized copyright owner or agent.
2. A description of the copyrighted work or other intellectual property claimed to be infringed.
3. A description of where the allegedly infringing material is located on the products.
4. Your address, telephone number, and email address.
5. A statement that you have a good-faith belief the disputed use is unauthorized.
6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act for the rights holder.
7. Contact for notices: Chimani, Inc., PO Box 1072, Yarmouth, ME 04096 or support@chimani.com.

General Terms and Conditions

13.1 Assignment by us

Chimani may transfer its rights and obligations under these Terms if doing so does not materially affect your rights. You may not transfer your rights or obligations to anyone else.

13.2 Indemnity by you

You agree to defend, indemnify, and hold Chimani and its affiliates, officers, employees, and agents harmless from claims, liabilities, costs, and expenses arising from your use of the products or your breach of these Terms.

13.3 Warranties and limitations

1. Chimani warrants that products purchased directly from it will conform in all material respects with their description on delivery and be of reasonably satisfactory quality.
2. Nothing in these Terms excludes liability that cannot be excluded as a matter of law.
3. Otherwise, the products and their content are provided on an as-is basis without warranties regarding accuracy, completeness, currency, accessibility, fitness, or non-infringement.
4. All other conditions, warranties, and terms implied by statute, common law, or equity are excluded to the extent permitted by law.

13.4 No waiver

A delay or failure to exercise a right under these Terms does not waive that right or any other right.

13.5 Force majeure

Chimani is not liable for lack of performance, unavailability, or delay caused by circumstances beyond its reasonable control.

13.6 Interpretation

Terms such as "including" are illustrative and not limiting, and references to singular and plural or masculine and feminine include one another where the context requires.

13.7 Electronic communications

1. You agree to transact with Chimani electronically and acknowledge that electronic communications satisfy legal writing requirements.
2. You may print or save a copy of these communications.
3. You may request a paper copy by emailing support@chimani.com, and Chimani may charge a reasonable service fee.
4. To receive electronic communications, you need an internet-capable device and a browser capable of supporting standard encrypted communications, JavaScript, and cookies.
5. You may withdraw consent to electronic communications by emailing support@chimani.com, and Chimani may terminate your use of the products if you do.
6. Chimani may discontinue or change electronic communications as required by law.

13.8 Notices

Notices to Chimani must be sent to support@chimani.com unless otherwise specified. Chimani may provide notice to you by email or by posting notices on the products.

13.9 Entire agreement

These Terms and documents expressly referred to in them constitute the entire agreement between you and Chimani and supersede prior discussions and understandings on the same subject.

13.10 Third-party rights

Except as expressly stated, a person who is not a party to these Terms has no rights under them.

13.12 Arbitration

1. Disputes arising out of these Terms or use of the products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except for certain claims seeking equitable relief.
2. The Federal Arbitration Act governs this provision. Arbitration will be initiated through the American Arbitration Association or another agreed forum and conducted under the applicable consumer arbitration rules.
3. The arbitrator decides jurisdiction and the parties' rights and liabilities and may award any remedies available under applicable law and the forum's rules.
4. You and Chimani waive rights to a jury trial for disputes covered by arbitration.
5. Where permitted by law, claims may be brought only in an individual capacity and not as part of a class or consolidated action.
6. You may opt out of the arbitration agreement by notifying Chimani in writing within 30 days of first becoming subject to it.
7. Either party may bring an individual action in small claims court.
8. The arbitration agreement survives termination of your relationship with Chimani.

13.13 Exclusive venue

If litigation is permitted under these Terms, it must be brought in the United States District Court for Maine or, if that court lacks jurisdiction, in the Superior Court of Maine, County of Cumberland.

13.14 Choice of law

Except where preempted by federal law, the laws of Maine, excluding its conflict-of-laws principles, govern these Terms and related disputes.

13.15 Severability

If any provision of these Terms is found unenforceable, that provision will be severed and the remaining provisions will remain valid and enforceable. Questions or legal notices can be sent to support@chimani.com.