Terms

These are the terms for using Charla Club from the United States and Puerto Rico. When you sign up you tick that you have read them, together with the community rules, which are part of them, and what we do with your data. What the site stores in your browser is in the cookie policy.

Who provides the service

The service is provided by admin@charlaclub.com, tax identification number admin@charlaclub.com, with its address at admin@charlaclub.com. In these terms we call it "Charla Club" or "we". The service is operated from Spain.

Contact: admin@charlaclub.com. To report illegal content, with or without an account, and for authorities, there is the point of contact. For copyright notices, the designated agent is named below.

What Charla Club is

A social network for talking by voice with other people at a set time, and for meeting up and gathering around a topic. It is not a dating app: there are no profiles to pick people from, no filters and no declared intent. It is for adults.

• A room is a group of up to 8 people, at a set time, with or without a host. Anyone with an account creates one, with its title, its category and its length. On screen we call the person who runs it the host; the host is always a real person.
• A table is the room of a specific host, and a fixed slot is the recurring room that a person with the plan reserves for as long as they keep it.
• "Your people" are the people with whom you have both wanted to stay in touch. A conversation is between two people, and there is never a third: no host, no moderation, nobody listening. A call is the voice inside a conversation, and video if you both turn on the camera.
• "Shall we talk today?" proposes a conversation at a given time, with someone you met in a room or, with the plan, with someone new: text only in the minutes before, a voice-only call at the time, and afterwards it continues only if you both want it.
• A hangout is a get-together created and organized by a member of the community, in person, remote or both. Charla Club lists and hosts it; it does not organize it.
• A group is people who gather around a topic, with its hangouts, discussions and albums, run by a member of the community. Charla Club hosts it; it does not run it.
• Your profile is what people with an account see of you: your photo, your first name, your city, what you say about yourself, your interests, what you are looking for, your hangouts and your groups, as far as you let them be seen.
• Following someone means hearing about what they run and publish, never about where they go.

Charla Club is not professional help of any kind, medical, legal or otherwise. Some features may not be active yet in your country or for your account; what is not active is not offered on the screen, and these terms apply just the same when it is switched on.

Who can use it

• People aged 18 or older. Charla Club is for adults only and is not directed to children: these terms do not allow anyone under 18 to hold an account, and if we detect one we suspend it until they prove their age, as the rules explain. Where Google Play gives our app an age signal for the Google account that installs it, we use it: if Google tells us the account belongs to someone under 18, the app does not let that person in.
• With your first name and a current photo of yourself in which your face can be seen. You cannot open an account in someone else's name or with their photo.
• From the countries in which Charla Club is open. The country is taken from your connection when you sign up, and it decides which texts you accept, your language and your time zone. It can be changed from "Your account" to the country you connect from, accepting its texts.
• With an email address that is yours. You sign in with a code we send to that address; there is no password.

Your photo is checked by a program on our server that only looks for explicit content and can only approve it; what it does not approve is reviewed by a person. You can join a room, say "I'm going" and create your own rooms before that review; until then, others see your initial.

Your consent to the panic-button seconds

In the Android app, while you are in a voice room or a call, your phone keeps in its memory the last seconds of what it hears, never your own microphone, overwriting them. If someone presses the panic button and reports, the seconds their phone kept are uploaded with their report; otherwise they are discarded. On the web nothing is kept. What is uploaded is deleted after a set period, is listened to only by the person responsible for Charla Club with a written reason, with every listening recorded, and is handed to the authorities if they ask. How many seconds and for how long is in the community rules and in what we do with your data.

In many states, recording a conversation requires the consent of everyone taking part in it. That is why, when you sign up from the United States or Puerto Rico, we ask you expressly whether you consent to this, and why nobody enters a voice room or a call without having consented: everyone who can be heard in those seconds has agreed to it beforehand. Hangouts, comments, messages and everything else that is not a voice room or a call do not need this consent. If you do not give it when you sign up, we ask you again before you enter a voice room or a call. You can withdraw it at any time in "Your account", or by writing to us at admin@charlaclub.com from your account's email; from then on you can use everything except voice rooms and calls. Recording other people yourself remains forbidden by the rules.

Your account

The account is yours and personal: it is not transferred or shared. You are responsible for what is done with it and for the email address you sign in with. If you think someone has signed in with your account, sign out of that device from "Your account" and write to us.

You can stop using Charla Club whenever you want and delete your account from "Your account", in the app or on the web, or by asking us as what we do with your data explains. If you have a paid plan, the plan is managed in Google Play; deleting the account does not by itself cancel the subscription, and the screen reminds you of that.

What you publish

What you write, say and upload (your photo, your profile, the titles of your rooms, your hangouts and their photos, your groups, your comments, discussions, reviews and messages) is yours and you publish it. You give us only the permission needed to provide the service: to store it, to show it to whomever these terms and your settings say, to fit it to the screen and, for room titles, to translate it automatically into the app's other language. That permission is worldwide, free of charge and non-exclusive, and it ends when you delete it or delete your account, except for what has to be kept for a report, a sanction or a legal obligation, as what we do with your data explains.

You undertake to publish only what you may publish: your own photo, photos of places and get-togethers in which those who appear agree, texts that are yours or that you may use. Anything that infringes someone else's rights, anything illegal and anything that breaks the rules may be removed, and we tell you.

Hosting, not organizing

Hangouts, groups, comments, discussions, reviews, photos and messages are created and published by the people who use Charla Club. Charla Club provides the space and the tools: it does not choose that content, does not monitor it in a general way and does not become its author or publisher by hosting it. To the extent that Section 230 of the Communications Decency Act (47 U.S.C. § 230) applies, Charla Club is not treated as the publisher or speaker of what other people publish, and nothing in these terms waives that protection. When we learn that something is illegal or breaks the rules, we act diligently to remove it or disable access to it, and we explain it in writing to whoever published it.

In particular, at a hangout:

• whoever creates it decides the place, the time, the price if any, who goes and the conditions of the get-together, and is responsible for organizing it;
• Charla Club does not check the place or the people, does not take part in the get-together and is not liable for what happens at it, nor for harm one person causes another;
• a price "paid there" and a payment handle (Venmo, Zelle, PayPal or similar) are an arrangement between the organizer and those going: Charla Club does not charge, intermediate or answer for that payment;
• a link to an outside group or to an outside video call leads to a third-party service, with its own terms and its own privacy, which Charla Club neither manages nor moderates.

None of this limits liability that the law does not allow to be limited.

Copyright: notices, counter-notices and repeat infringers

If you believe that something published on Charla Club infringes a copyright you own or represent, send a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent: admin@charlaclub.com. For the notice to be effective it has to include: your physical or electronic signature; the copyrighted work you say is infringed; the material you want removed and enough information for us to find it (the address of the page or the hangout, group, room or profile where it appears); your address, telephone number and email address; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act for the owner.

When we receive a notice that meets those requirements, we remove or disable access to the material promptly and tell the person who published it, with a copy of the notice. That person can send our designated agent a counter-notice with: their physical or electronic signature; the material that was removed and where it appeared; a statement under penalty of perjury that they have a good-faith belief that it was removed by mistake or misidentification; their name, address and telephone number; and a statement that they consent to the jurisdiction of the federal district court for the judicial district in which their address is located (or, if outside the United States, any judicial district in which Charla Club may be found) and that they will accept service of process from the person who sent the notice or their agent. We forward the counter-notice to whoever sent the notice and, unless they tell us within 10 business days that they have filed a court action to restrain the infringement, we restore the material between 10 and 14 business days after receiving the counter-notice.

Someone who knowingly misrepresents that material is infringing, or that it was removed by mistake, is liable for the damages that misrepresentation causes (17 U.S.C. § 512(f)). We close the accounts of people who repeatedly infringe other people's copyright, in appropriate circumstances, and we keep a record of the notices received.

Price and plans

Joining rooms, talking, saying "I'm going", going to a hangout, being a member of a group, writing to "Your people" and voice-calling someone already in "Your people" is free, always. Each person can create a number of rooms a month without paying, and has a monthly cap of video minutes in calls; both are written on the plans screen.

There are two paid plans, with the features the plans screen shows in detail:

• the member plan: creating more rooms and private rooms, reserving a fixed slot, video in calls without a minutes cap (and it is enough that one of the two people in the call has it), asking for conversations in "Shall we talk today?", creating hangouts, finding people with the search, captions and whatever else the screen says;
• the organizer plan: everything in the member plan and, in addition, repeating hangouts, charging for them on their own account (the price paid there and their payment handle) and the organizer badge.

Visibility, faces and extra requests are never sold: every member asks the same way, one time slot at a time and with no priority. In the United States and Puerto Rico there is no Founder plan.

Charla Club may give the plan away to the accounts it chooses, for the days the gift says, in its promotions. A gifted plan is not a payment, expires on its own and does not renew.

How it is bought. The plan is bought inside the Android app through Google Play, with the Google account and payment method you have there. Prices are in US dollars and are shown before sales tax: Google Play adds the tax that applies in your state or territory, if any, and shows you the final amount, the period (monthly or yearly) and the renewal before you confirm. It is Google Play that charges you and issues your receipt. The website shows the plans and does not sell. While charging is not switched on, the screen shows no price and the plan is held only by those who receive it as a gift.

Automatic renewal and cancellation. The subscription renews automatically at the end of each period, and Google Play charges the then-current price to your payment method, until you cancel it. You can cancel at any time in Google Play (Subscriptions, in the Play Store app or at play.google.com); cancelling keeps the plan until the end of the period already paid and stops the next charge. Google Play sends you the confirmation of the purchase and of each renewal by email, with how to cancel.

Refunds. Refunds of a purchase made through Google Play follow Google Play's refund policy, which you can use from your Google Play account. If a purchase is refunded or voided by Google Play, the plan is withdrawn. If the plan stops working as described during a period you have paid for, write to us at admin@charlaclub.com and we put it right or refund you the proportional part, without prejudice to the rights your state's consumer law gives you.

If the price changes. A change of price or features is announced in the app and by email at least 30 days in advance and applies from the next renewal; Google Play also tells you about a price change before charging it. If you do not agree, you cancel before that renewal and nothing more is charged. The features of a plan you have already paid for do not shrink during the paid period.

Moderation

• We review photos, reports and notices of illegal content, with people. No program decides a sanction on its own.
• Anyone, with or without an account, can notify us of illegal content from the point of contact or, with an account, by reporting from the screen itself. We acknowledge receipt and decide diligently.
• If we remove something of yours, restrict your account, suspend it or ban it, we explain it to you in writing, with the reason, the rule and what you can do, under "About your account".
• A ban without an end date is always decided by a person, after reviewing it.
• You have 14 days to ask for a review of a decision, from "About your account" in the app or by writing to admin@charlaclub.com; we answer in writing, and a different person reviews it whenever possible. You can also go to court.

What we ask of you

That you follow the community rules, tell the truth about your age, use a photo that is yours and do not use Charla Club for anything illegal, to harm anyone or to do business beyond what these terms allow hangout organizers to do. The service may not be accessed by automated means, nor may other people's faces or data be copied, nor may the service's caps or gates be circumvented.

We may suspend or close an account that breaks these terms or the rules, as the rules explain, and close or restrict a feature for everyone if safety requires it.

Availability

Charla Club is provided as it is and as available, with reasonable care, and may suffer interruptions for maintenance, because of a fault or for causes beyond our control. We may change, add or withdraw features. What is free will stay free, and a feature that ceases to exist gives no right to compensation, except the proportional part of a paid plan that stopped being provided.

Warranties and liability

To the fullest extent the law allows, Charla Club is provided without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that the service will be uninterrupted or free of errors, nor that a room, a conversation, a hangout or a group will go as you hoped. Some states do not allow the exclusion of implied warranties, so some of this may not apply to you.

We are liable for damage we cause intentionally or through gross negligence, for death or personal injury caused by our negligence, and for whatever the law does not allow to be excluded or limited. Apart from that, and to the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, nor for loss of data or profits, and our total liability to you for everything arising from the service in any twelve-month period does not exceed the greater of the amount you paid Charla Club through Google Play in those twelve months or one hundred US dollars. We are not liable for what other people publish or do, for what happens at a hangout or outside the service, for the outside services that links added by members lead to, or for interruptions beyond our control. Nothing in these terms limits the rights that the consumer protection law of your state or territory gives you and that cannot be waived.

If they change

Each version of these texts has its date and stays published at its own address, also when it is no longer in force. If they change, we publish a new version with its date. If the change really affects you (something you pay for, something kept about you or something you can no longer do), we tell you in the app and by email at least 30 days in advance; a wording correction or a new feature that takes nothing from you is announced in the app. If you do not agree with a new version, you can delete your account before it comes into force; continuing to use Charla Club after that date is accepting it. What you have already paid for is governed by the terms you paid under until its period ends.

Applicable law and disputes

These terms are governed by the laws of Spain, the country the service is provided from, without taking away the protection of the mandatory consumer laws of the state or territory where you live. If something goes wrong, write to us first at admin@charlaclub.com: we try to resolve it with you within 30 days. If we cannot, you can bring a claim before the courts with jurisdiction where you live, including a small claims court, or before the courts of Spain, and so can we. These terms do not contain an arbitration clause and do not waive your right to a trial or to take part in a class action.

If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

If any clause of these terms turns out to be invalid, the others still apply. These terms are published in English and in Spanish; both say the same, and if a difference appears, the English version governs, except for those who use Charla Club from Puerto Rico, for whom the Spanish version governs.