Effective Date: August 11, 2025
Welcome to Tea! We provide an online community for women to support each other and navigate the dating world. These Terms of Use (“Terms”) set forth a binding agreement between you and Tea App, Inc. (“Tea,” “Tea App,” “we,” “our”). These Terms govern your access to tea-app.com (the “Site”), our mobile application, Tea App (the “App” and together with the Site, the “Platform”), including all related widgets, tools, data, software, and other services provided by us (collectively, the “Services”).
PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE PLATFORM OR THE SERVICES.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING LIMITING TEA’S LIABILITY AND REQUIRING RESOLUTION OF
DISPUTES ON AN INDIVIDUAL NON-CLASS BASIS. SEE SECTIONS 14-16.
BEFORE YOU USE THE SERVICES,
PLEASE REVIEW YOUR RIGHTS RELATED TO YOUR USER GENERATED POSTS AND OUR COMMUNITY GUIDELINES (SECTION
7).
BY USING THE PLATFORM OR SERVICES, YOU (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THESE TERMS; (II) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (III) CONSENT TO COLLECTION, USE, AND SHARING OF YOUR PERSONAL INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY; AND (IV) AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
1) Changes to Terms of Use
These Terms are subject to change. You agree that Tea App may change, terminate, modify, add, end, or delete any of these terms and conditions. We will indicate any such changes or modification by posting the updated version of the Terms on this page and changing the “Effective Date” at the beginning of the Terms.
2) Your Tea Account
In order to access or use some of the features of the Services, you must first
register through the App. You must be at least eighteen (18) years of age to create an account or
otherwise use the Services (“Account”). In order to create an Account, you will need to provide us with
your name, your relationship status, email address, username, your location (city and state), birth
date, and photo of yourself. We may reject the use of any username, email address, or other registration
information for any reason in our sole discretion. You agree that you will: (i) not use a username (or
email address) that is already being used by someone else; (ii) not impersonate another person, use
credentials that belong to another person or violates the intellectual property rights or other right of
any person or entity, (iii) not use a username that is offensive; (iv) provide true, accurate, current,
and complete registration information about yourself in connection with the registration; (v) be solely
responsible for all activities that occur under your Account; (vi) immediately notify us of any
unauthorized use of your Account, or any other breach of security; and (vii) not sell, transfer, or
assign your Account or any Account rights.
You are solely responsible for maintaining the
confidentiality and security of your Account information. You will remain responsible for all activity
emanating from your Account, whether or not such activity was authorized by you. We reserve the right to
disallow, cancel, remove, or reassign certain usernames in appropriate circumstances, as determined by
us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your
Account if activities occur on that Account which, in our sole discretion, would or might constitute a
violation of these Terms or an infringement or violation of the rights of any third party, or of any
applicable laws or regulations.
3) Subscription Services
A) Subscriptions Services: We may offer certain products and services
for purchase (“Subscription Services”) through the Apple App Store or the Google Play Store
(“Third-Party Account”) for a recurring monthly fee (the “Subscription Fee”). If you subscribe to the
Subscription Services, you will be required to authorize the Subscription Fee with the Third-Party
Account. Your “Subscription Period” is the interval of time between each recurring billing date and
corresponds to the term of the Subscription Services. The terms of Subscription Fee and the Subscription
Period will be presented to you at the time you authorize payment via the Third-Party Account. At the
beginning of each Subscription Period, we will charge you a periodic Subscription Fee on a recurring
basis corresponding to the terms of the Subscription Services and any applicable taxes. You are solely
responsible for any and all fees charged to your Third-Party Account. To the extent permitted by
applicable law, the Subscription Services will automatically renew for the Subscription Period unless
and until you cancel the Subscription Services, or your Account is otherwise suspended or terminated
pursuant to Section 6(B) of these Terms. ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE
FINAL.
B) Additional Terms for Subscriptions via Third Party Accounts: If you obtain
Subscription Services via a Third-Party Account that subscription is also subject to the Third-Party
Account’s terms. Any Subscription Fees or other applicable charges will be billed by the applicable
Third-Party Account using the payment information you have provided to such third party. To cancel a
subscription to the Service(s) obtained via a Third-Party Account, please follow the cancellation
instructions set out by the applicable Third-Party Account and/or as described below. If the Third-Party
Account is unable to secure funds from you for the Subscription Fees for any reason, including, but not
limited to, insufficient funds or insufficient or inaccurate information provided when submitting
electronic payment, Tea App may undertake further collection action, including application of
fees to the extent permitted by law, and reserves the right to suspend or terminate your access to the
Subscription Services.You agree to waive all claims against Tea App and its affiliates related
to any unauthorized payments made on or through the use of your Third-Party Account outside of Tea
App’s control, regardless of whether such payments are authorized or
unauthorized.
C) Changes to Pricing and Other Terms: Tea App reserves the
right to change the terms of the Subscription Services, including the Subscription Fee, from time to
time, effective as of the beginning of your next Subscription Period following the date of the change.
We will give you advance notice of these changes. In the event of any increase in the price or material
reduction in the features of the Subscription Services, we will communicate these change(s) to you at
least thirty (30) days in advance and the changes will only take effect with respect to any renewal of
the Subscription Services following the applicable thirty (30) day period. You can cancel the
Subscription Services prior to the effective date of the changes by following the instructions provided
by the applicable Third-Party Account. If you do not cancel the Subscription Services prior to the
applicable effective date of the changes, the Subscription Service will be modified to reflect the
applicable change to the Subscription Fee.
D) Cancellation of Subscription Services: All
Subscription Services will be issued through the Apple App Store and Google Play Store. If you would
like to cancel your Subscription Services, you must log into your Third-Party Account to cancel your
subscription.
To cancel Subscription Services purchased via the Apple App Store, go to Settings
> click on your Apple ID > Subscriptions and locate the Tea App subscription and follow the
on-screen prompts to cancel.
To cancel Subscription Services purchased via the Google Play
Store, go to Google Play app on your mobile Device > Account > Payment & Subscriptions >
Subscriptions and locate the Tea App subscription and follow the on-screen prompts to
cancel.
If you cancel the Subscription Services, you will continue to have access to the
Subscription Services until the end of the Subscription Period. Please note that cancelling the
Subscription Services does not delete your Account. If you would like to delete your Account, please see
Section 6(B) below.
4) Your Use of the Services and Platform; Restrictions
Subject to your strict compliance with these Terms, Tea App grants you a
limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to
(i) download the App on a mobile device or other permitted device (“Device”); (ii) use the Platform or
Services in order to generate text, graphics, software, photographs, videos, data, and other materials
(collectively “Content”); and (iii) view Content, share and download Content using the features of the
Services or Platform where the appropriate functionality has been enabled.
The foregoing
limited license (i) does not give you any ownership of, or any other intellectual property interest in,
the Services, the Platform, or any Content; and (ii) may be immediately suspended or terminated for any
reason, in Tea App’s sole discretion, and without advance notice or liability. Your
unauthorized use of the Services, the Platform, or Content may violate copyright, trademark, privacy,
publicity, communications, and other laws, and any such use may result in your personal liability,
including potential criminal liability.
The above licenses are conditional upon your strict
compliance with these Terms and any applicable federal, state, and local law, statutes, regulations
(“Applicable Law”), including, without limitation, the following:
(i) You will not engage in any
activity in connection with the Platform or the Service that is unlawful, harmful, offensive, obscene,
violent, threatening, harassing, abusive, or otherwise objectionable to Tea App;
(ii)
You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make
use of any Content.
(iii) You must not alter or remove, attempt to alter or remove any trademark,
copyright or other proprietary or legal notices contained in, or appearing on, the Services, the
Platform, or any Content (other than your User-Generated Post);
(iv) You must not, and must not
permit any third party to, copy or adapt the object code of the Platform or any of the Services, or
reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code
of any part of the Platform or Services, or circumvent or attempt to circumvent or copy any copy
protection mechanism or access any rights management information pertaining to Content other than your
Content;
(v) You will not infringe on the intellectual property rights or any other right of a
third party;
(vi) You must respect the wishes of other users. If you are blocked by another user,
you agree to not attempt to contact them on Tea either from the Account you were blocked from or any
other account. You must not use the information on the Services to harass, threaten or intimidate
individuals using the Services;
(vii) You will not transmit any material of any kind that
contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or
malicious component, which actually or potentially could overburden, impair or disrupt the Platform,
Services, or the security features of the servers or networks forming part of, or connected to, the
Platform or Services, or which actually or potentially could restrict or inhibit any other user's use
and enjoyment of the Platform or Services;
(viii) You may not use any automated systems,
bots, spiders, or intelligent agent software (or similar technologies) for any purposes inconsistent
with these Terms;
(ix) You will not use the Services for any political or commercial
purposes, including for any unsolicited or unauthorized advertising, promotional messages, spam or any
other form of solicitation.
(x) You must not commit or engage in, or encourage, induce,
solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law or regulation; and
(xi) You must not deliberately impersonate
any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by
registering an account in the name of another person or company or sending messages or making comments
using the name of another person. You agree to comply with the above conditions and acknowledge and
agree that Tea App has the right, in its sole discretion, to terminate your Account or take
such other action such as deleting a User Generated Post as we see fit if you breach any of the above
conditions or any of the other terms of these Terms. This may include taking court action and/or
reporting offending users to the relevant authorities.
5) Intellectual Property Rights
The Platform, Services, and their Contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Tea App, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All related names, logos, product and service names, designs, and slogans are trademarks of Tea App or its affiliates or licensors. You must not use such marks without the prior written permission of Tea App. All rights not expressly granted to you are reserved by Tea App and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.
6) Access to the Platform and the Services
A. Availability of the Platform and the Services: Your use of the Platform
and the Services must be in accordance with any and all procedures, forms, formats, displays, and
operating times which may be determined, specified, or modified by Tea App in its discretion. You
are responsible for all software, hardware, fees, expenses, costs, and taxes for you to access or use
the Platform and/or Services.
The Platform and the Services may be unavailable from time to time
for any reason including, for example, routine maintenance. You understand and acknowledge that, due to
circumstances both within and outside of the control of Tea App, access to the Platform and/or
Services may be interrupted or suspended from time to time. Tea App shall have the right at
any time to change or discontinue any aspect or feature of the Platform or Services, including, but not
limited to, Content, availability, and equipment needed for access or use.
B. Deletion;
Termination: You may delete your Account at any time through our Services, or you can contact
us at supprot@tea-app.com. If you have an active
Subscription Services, you will need to cancel your subscription as described above in Section 3(D)
before deleting your Account.
Tea App may immediately terminate the availability of the
Platform or the Services, in whole or in part, to any individual user or all users, for any reason, in
Tea App’s sole discretion, and without advance notice or liability. Upon termination of your
access to the Platform and/or Services, or upon notice from Tea App, all rights granted to you
under these Terms will cease immediately, and you agree that you will immediately discontinue use of the
Platform and the Services.
7) User Generated Posts and Community Guidelines
You may now or in the future have the opportunity to create, build, post, upload,
display, publish, distribute, transmit, broadcast, or otherwise make available on or submit on the
Services (collectively, “Submit”) messages, text, images, photos, comments, responses, audio, videos,
information, ratings, reviews, data, questions, suggestions, personal information, or other information
or materials and the ideas contained therein (collectively, but excluding any Content included therein,
“User Generated Posts”). You acknowledge that any User Generated Posts that you Submit through
the Platform or Services will be deemed to be non-confidential and may be disclosed through the
Services to other parties on a worldwide basis. You represent and warrant to us that the User
Generated Posts you Submit to us or any other user is accurate.
You agree that Tea
Advice shall have, and hereby grant to Tea App, a worldwide, royalty-free, perpetual,
irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish,
distribute, modify, adapt, display, perform, promote, link to, use, or authorize others to use, in any
form or media, any User Generated Posts that you Submit to Tea App. Tea App does not
endorse any User Generated Posts, or third-party product or service that may appear in connection with
use of the Services.
You understand and agree that we may monitor or review your User
Generated Post, and we reserve the right to remove, delete, edit, limit, or block or prevent access to
any of User Generated Posts at any time at our sole discretion. Furthermore, you understand and agree
that we have no obligation to display or review User Generated Posts. Nothing in these Terms shall
obligate Tea App to permit the posting of such User Generated Posts on any website or
platform. Your User Generated Posts may not display any personal details (e.g., phone numbers, last
names, addresses, health information, specific details about an individual’s occupation), banking
information, nudity, obscene images, or pornographic images. Moreover, you should refrain from
Submitting User Generated Posts that are offensive, abusive, libelous, defamatory, obscene, racist,
ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts,
incites hatred on grounds of race, gender, religion or sexual orientation.
8) Use of Artificial Intelligence
We may utilize artificial intelligence, machine learning tools, or similar technology in the Platform and the Services (“Artificial Intelligence Tools”). You acknowledge and agree that any information, including any User Generated Posts, that you provide via the Platform or the Services may be used as an input for such Artificial Intelligence Tools. You further agree that we (or one of our vendors) may use any output generated from the Artificial Intelligence Tools for our own commercial purposes, including to remove any User Generated Posts that violate the Section 7 and to train artificial intelligence algorithms, models, and solutions.
9) Reliance on Information
Tea App assumes no responsibility regarding the accuracy of User Generated Posts presented on the Services. The User Generated Posts are for informational purposes only. Tea App makes no warranty whatsoever that any of this information is accurate and does not guarantee that it will verify the statements of its users. The content within the User Generated Posts is not intended to be a guarantee of success or positive results – it is for informational purposes only and the results of your actions are the responsibility of you and you alone. Reliance on any information provided by Tea App or others appearing in our Services is solely at your own risk. Tea App disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services.
10) Copyright Infringement and the Digital Millennium Copyright Act (DMCA) Safe Harbor
We take the intellectual property rights of others seriously and require that users
of Tea App do the same. The Digital Millennium Copyright Act (DMCA) established a process for
addressing claims of copyright infringement that we have implemented for our Services. If you own a
copyright or have authority to act on behalf of a copyright owner and want to report a claim that a
third party is infringing that material on or through Tea App, please send a notice to our
copyright agent at supprot@tea-app.com that includes all of the items below.
-A reference
or subject line that says: “DMCA Copyright Infringement Notice”;
-A description of the
copyrighted work that you claim is being infringed;
-A description of the material you
claim is infringing and that you want removed or access to which you want disabled and the URL or other
location of that material;
-Your name, address, telephone number, and email
address;
-The following statement: “I have a good faith belief that the use of the
copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law
(e.g., as a fair use)”;
-The following statement: “The information in this notice is
accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of
the copyright or of an exclusive right that is allegedly infringed”;
-The U.S. Copyright
Registration Number or a clear chain of authorization demonstrating your legal right to act on behalf of
the copyright owner; and An electronic or physical signature of the owner of the copyright or a
person authorized to act on the owner's behalf.
-An electronic or physical signature of the
owner of the copyright or a person authorized to act on the owner's behalf.
Please note that the
DMCA provides that any person who knowingly materially misrepresents that material or activity is
infringing may be subject to liability.
We may send the information that you provide in your
notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA
Counter-Notification.
Without limiting Tea App’s other rights, we may, in appropriate
circumstances, disable or terminate the accounts of users who may be repeat infringers. This process
does not limit our ability to pursue any other remedies we may have to address suspected
infringement.
DMCA Counter-Notification. If a work that you submitted to Tea
App is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice,
and if you believe that the disabled access or removal is the result of mistake or misidentification,
then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification
should contain the following information:
-a reference or subject line that says: “DMCA
Counter-Notification”;
-a description of the material that has been removed or to which access
has been disabled and the location at which the material appeared before it was removed or access to it
was disabled (please include the full URL of the page(s) on the Site from which the material was removed
or access to it disabled);
-a statement under penalty of perjury that you have a good faith
belief that the material was removed or disabled as a result of mistake or misidentification of the
material to be removed or disabled;
-your name, address, telephone number, email
address;
-a statement that you consent to the jurisdiction of the Federal District Court for the
judicial district in which your address is located, and that you will accept service of process from the
person who provided DMCA Notification to us or an agent of such person; and
-your electronic or
physical signature.
If we receive a DMCA Counter-Notification, then we may replace the material
that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen
(14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if
we first receive notice at the addresses above that the party who sent us the DMCA Copyright
Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided
the material from engaging in infringing activity relating to the material on the Services. You should
also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright
Infringement Notice.
11) Data Protection, Privacy
All personal information that you provide to us in connection with your use of the Platform and Services is collected, stored, used, and disclosed by Tea App in accordance with our Privacy Policy. The Privacy Policy, as may be updated by Tea App from time to time, is hereby incorporated into these Terms.
12) Third Party Websites and Services
The Platform and the Services may provide you with access to and/or integration with
third party websites, databases, networks, servers, information, software, programs, systems,
directories, applications, products or services (hereinafter “External Services”).Tea App does
not have or maintain any control over External Services and is not and cannot be responsible for their
content, operation or use. By linking or otherwise providing access to any External Services, Tea App
does not give any representation, warranty, or endorsement, express or implied, with respect to
the legality, accuracy, quality or authenticity of content, information or services provided by such
External Services.
External Services may have their own terms of use and/or privacy policy
and may have different practices and requirements than those operated by Tea App with respect
to the Services. You are solely responsible for reviewing any terms of use, privacy policy, or other
terms governing your use of these External Services, which you use at your own risk. You are advised to
make reasonable inquiries and investigations before entering into any transaction, financial or
otherwise, and whether online or offline, with any third party related to any External Services. You are
solely responsible for taking the precautions necessary to protect yourself from fraud when using
External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content and material that may be included on or may emanate from any External
Services. Tea App disclaims any and all responsibility or liability for any harm resulting
from your use of External Services, and you hereby irrevocably waive any claim against Tea App
with respect to the content or operation of any External Services.
13) General Disclaimer
THE PLATFORM, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND
INFORMATION ACCESSED THROUGH OR VIA THE PLATFORM OR SERVICES ARE PROVIDED “AS IS,”
“AS AVAILABLE,” AND “WITH ALL FAULTS.” YOU AGREE AND ACKNOWLEDGE THAT
YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE PLATFORM OR
SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE PLATFORM OR SERVICES
IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH
ALL APPLICABLE LAWS WHILE USING THE PLATFORM OR SERVICES. WHILE Tea App USES REASONABLE
ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM OR SERVICES AS SOON AS PRACTICABLE ONCE
THEY HAVE BEEN BROUGHT TO Tea App’S ATTENTION, WE MAKE NO PROMISES, GUARANTEES,
REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE PLATFORM,
SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES.
Tea App DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM OR SERVICES WILL BE ACCURATE OR
RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
PLATFORM OR SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES
OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Tea App DOES NOT WARRANT
THAT ANY TRANSMISSION OF USER GENERATED POSTS UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY TOOLS
OF THE SERVICES DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF USER GENERATED POSTS
WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM OR SERVICES
IS LAWFUL IN ANY PARTICULAR JURISDICTION.
Tea App AND ITS SUBSIDIARIES,
AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND
SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT
EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY
EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER
WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO YOU. THIS SECTION WILL CONTINUE IN
EFFECT AFTER THESE TERMS TERMINATES.
14) Limitation of Liability
Tea App’S AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND
THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Tea App BE LIABLE FOR DAMAGES OF ANY
KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
STATUTORY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY
COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY
OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICES, OR ANY OTHER
PRODUCTS PROVIDED TO YOU BY Tea App.
THIS LIMITATION SHALL APPLY REGARDLESS OF
WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, ANY FORM OF ERROR, OR BREAKDOWN IN THE
FUNCTION OF THE SERVICE, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ALTHOUGH NOT AN EXHAUSTIVE LIST
AND WITHOUT LIMITING THE FOREGOING, Tea App AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND
ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO
LIABILITY FOR: ANY LOSS OR DAMAGE ARISING FROM: (I) YOUR RELIANCE ON ANY USER GENERATED POSTS OF THE
SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY
COMMUNICATION WITH THE SERVICES; (II) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES OR ANY
PART OR PARTS THEREOF, INCLUDING DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER
DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PLATFORM OR SERVICES, OR YOUR ABILITY TO
ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM OR SERVICES; (III) ANY CHANGES THAT TEA APP
ADVICE MAY MAKE TO THE PLATFORM OR SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT
SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL
TERRITORIES; (IV) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED
INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE SERVICES, OR ANY
ACTION TAKEN AS PART OF AN INVESTIGATION BY THE COMPANY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY
REGARDING YOUR USE OF THE SERVICES; (V) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE
PLATFORM OR SERVICES, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO
CONTENT; (VI) YOUR FAILURE TO PROVIDE Tea App WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR
FAILURE TO KEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL; (VII) ANY LOSS OR DAMAGE TO ANY
COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; (VIII)
ANY LOSS OF PROFITS, INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE SERVICES, OR ANY LOSS YOU SUFFER
WHETHER OR NOT IT IS FORESEEABLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT THE MAXIMUM LIABILITY OF Tea App WILL BE
LIMITED TO ANY AMOUNT PAID TO Tea App BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES
THAT UNDERLIE THE CLAIM.
15) Indemnification
You hereby agree to indemnify, defend and hold harmless Tea App, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:(i) your use of the Platform or Services; (ii) any breach or violation by you of these Terms; (iii) your User Generated Posts; (iv) your violation of any laws, rules, regulations, codes statutes, ordinances, or order; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. Tea App reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Tea App’s defense of any claim. You will not in any event settle any claim without the prior written consent of Tea App.
16) Dispute Resolution & Class Action Waiver
A. Applicability
YOU UNDERSTAND AND AGREE THAT THESE DISPUTE
RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND TEA
APP (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR
USE OR ACCESS TO THE PLATFORM OR SERVICES.
B. DISPUTE NOTICE AND INFORMAL DISPUTE
RESOLUTION
If a dispute should arise between you and Tea App we want to
provide you with a resolution that is efficient and cost effective. Before initiating an action, you and
Tea App each agree to first provide the other a written notice (“Notice of Dispute”), which
shall contain: (i) a written description of the problem and relevant documents and supporting
information; and (ii) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed
to Tea App, Inc., 201 Spear St. Suite 1100, San Francisco, CA 94105, or (2) emailed
supprot@tea-app.com. You and Tea App agree to make attempts to resolve the dispute
prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice
resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of
the Notice of Dispute, you or Tea App may commence a lawsuit or other legal action.
C.
NO CLASS ACTIONS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE
THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE
RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE
ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE
ACTION OR PROCEEDING.
D. WAIVER OF JURY TRIAL
EACH PARTY HEREBY KNOWINGLY,
VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY
MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN
ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING
TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.
17) Mobile App Terms
A. Terms Specific to Apple Mobile Devices
If you are accessing or
using our App on any Apple mobile device, the following additional terms and conditions are applicable
to you and are incorporated into these Terms by this reference:
(i) To the extent that you are
accessing the App through an Apple mobile device, you acknowledge that these Terms are between you and
Tea App, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as a
third-party beneficiary as contemplated below.
(ii) The license granted to you in Section 4
of these Terms is limited, non-transferable, and subject to the permitted Usage Rules set forth in the
App Store Terms of Service located at www.apple.com/legal/itunes/us/terms.html.
The license is limited to use the App on any Apple-branded products that you own or control as permitted
by these Terms, except that the App may be accessed and used by other accounts associated with you via
“Family Sharing” (as defined in the Apple Media Services Terms and
Conditions) or volume purchasing.
(iii) You acknowledge that Tea App, and
not Apple, is responsible for providing the App and content thereof.
(iv) As between Tea
App and Apple, Tea App is solely responsible for providing any maintenance and support
services with respect to the App that Tea App may offer (which, if provided, is provided at
Tea App sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish
maintenance or support services with respect to the App.
(v) You and Tea App
acknowledge that Tea App, not Apple, is responsible for addressing any of your claims or any
third-party claims relating to the App or your possession and/or use of the App, including but not
limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer protection or similar
legislation.
(vi) Further, you agree that if the App or your possession and use of the App
infringes a third party’s intellectual property rights, Tea App, not Apple, will be solely
responsible for the investigation, defense, settlement, and discharge of any such intellectual property
infringement claim, but only to the extent it relates to your use of the App.
(vii) You
acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these
Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to
have accepted the right) to enforce these Terms against you as a third-party beneficiary
thereof.
(viii) When using the App, you agree to comply with any and all third-party terms
that are applicable to any platform, website, technology or service that interacts with the App. You may
not use the App on a device that has firmware or software configuration that has not been authorized by
Apple (“jailbroken”) device.
(ix) TO THE EXTENT ANY WARRANTY REGARDING THE APP ARISES BY LAW
OR HAS NOT BEEN DISCLAIMED UNDER THESE TERMS, Tea App, AND NOT APPLE, IS SOLELY RESPONSIBLE
FOR SUCH WARRANTY. IF YOU ARE A CUSTOMER OF THE SERVICES AND IF THE APP FAILS TO CONFORM TO SUCH
WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE
TO THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY
OBLIGATION WHATSOEVER WITH RESPECTED TO THE APP, AND ANY OTHER CLAIMS, LOSS, LIABILITIES, DAMAGES, COSTS
OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS Tea App’S SOLE
RESPONSIBILITY.
B. Terms Specific to Android Mobile Devices
The terms and
conditions of this paragraph apply to you only if you downloaded the App through Google, Inc.’s (Google,
Inc. together with all of its affiliates, “Google”) Google Play Store and are incorporated into these
Terms by this reference. The license granted in Section 4
is limited to accessing the App by way of download via Google Play Store, except that the App may be
used by a family group and family members whose accounts are joined together for the purpose of creating
a family group. You acknowledge and agree that these Terms are between you and Tea App, and
that Google is not a party to these Terms and Google is not responsible for providing support services
for the App. If any of the terms and conditions in these Terms are inconsistent with the Google Play
Development Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google.com/about/developer-distribution-agreement.html).
The terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the
extent of such inconsistency or conflict.
18) General Provisions
A. Complete Agreement; Waiver: These Terms constitute the entire agreement
between you and Tea App with respect to the use of the Platform and the Services and supersede
any prior agreements, representations, warranties, assurances, or discussion related to the Platform and
Services. Except as expressly set forth in these Terms, (i) no failure or delay by Tea App in
exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any
other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be
effective unless in writing and signed by Tea App
B. Severability; Interpretation:
If any provision of these Terms is found to be invalid, unlawful, void, or enforceable by any court
having competent jurisdiction, the invalidity of such provision shall be deemed severable from these
Terms and such provision shall not affect the validity of the remaining provisions, which shall remain
in full force and effect. The summaries of provisions and Section headings are provided for convenience
only and shall not limit the full Terms.
C. Assignment: Tea App may assign its
rights and obligations under these Terms, in whole or in part, to any party at any time without any
notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without
the prior written consent of an officer of Tea App.
D. Investigations; Cooperation
with Law Enforcement: Tea App reserves the right to investigate and prosecute any
suspected or actual violations of these Terms. Tea App may disclose any information as
necessary or appropriate to satisfy any law, regulation, legal process, or government request.
E.
Electronic Communications: We may communicate with you electronically in regard to the Platform
or Services, including by email, and we may collect information related to communications between you
and Tea App. You agree that all notices, disclosures, agreements, and other communications
that we provide to you electronically satisfy any legal requirement that such communications be in
writing. You agree that any time you electronically transact, agree, or consent via the Services, your
action is intended as an electronic signature which binds you as if you had signed on paper.
19) Contact Us
For support or legal queries, contact us at:support@tea-app.com
ADVERTEX ADVERTISING RESEARCHES AND CONSULTANCIES LLC
License No: 1054701
Address: P.O.BOX 624937, Dubai, UAE
Email: support@tea-app.com
Billing contact: billing@advertex.biz.