This End-User Licence Agreement, EULA, is a legal agreement between the User and Topics Chat Portugal, Lda., governing the download, installation, access to and use of the Topics Chat mobile application and associated services.
By downloading, installing, accessing or using the Topics Chat application, the User agrees to be bound by this EULA, the Terms and Conditions, the Privacy Policy, the Cookie Policy where applicable, and the rules presented in the application or app stores.
If the User does not agree with this EULA, the User must not download, install, access or use the application.
In the event of conflict between this EULA and the Terms and Conditions, the Terms and Conditions shall prevail in relation to general use of the Platform, monetisation, payments, subscriptions, Rooms, communities, moderation and liability, except where this EULA specifically governs the licence to use the mobile application.
1. Identification of the licensing entity
The Topics Chat application is made available by Topics Chat Portugal, Lda., a company incorporated in Portugal, with NIPC 518288714.
General contact and support: support@topicschat.com.
Address: Rua Dr. Joaquim Pires de Lima, n.º 271, 4200-350 Porto, Portugal.
Topics Chat is the entity granting the licence to use the mobile application, without prejudice to the involvement of third parties, app stores, payment providers or technology providers.
2. Definitions
“Application” means the Topics Chat mobile application made available for mobile devices, including updates, improvements, fixes, features and associated components.
“Platform” means the combination of mobile application, website, systems, communities, Rooms, chats, groups, tabs, monetisation features, support, moderation and associated services.
“Services” means all features made available through the Platform.
“User” means any person who downloads, installs, accesses or uses the Application or the Services.
“Creator” means a User authorised to monetise content, communities, subscriptions, Pay-to-Reply, Pay-to-Video or donations through the Platform.
“Content” means any text, message, image, video, audio, file, Room, comment, reaction, profile, username, description, link or other material made available through the Platform.
3. Acceptance of the EULA
By downloading, installing, opening, accessing or using the Application, the User declares that they have read, understood and accepted this EULA.
Acceptance of this EULA is a condition for using the Application.
If the User uses the Application on behalf of a company, brand, organisation or third party, the User declares that they have authority to bind that entity.
Topics Chat may request renewed acceptance of this EULA whenever there are material changes.
4. Grant of licence
Subject to compliance with this EULA, the Terms and Conditions and applicable law, Topics Chat grants the User a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to download, install and use one copy of the Application on a device that the User owns or controls.
This licence is intended exclusively for normal, lawful and authorised use of the Application.
The licence does not grant the User any ownership right over the Application, code, software, interface, brand, design, features, databases or other Topics Chat elements.
5. App store rules
Use of the Application may be subject to the rules, terms and policies of the Apple App Store, Google Play Store or any other store through which the Application is made available.
The User undertakes to comply with the terms of the applicable app store, including rules on download, installation, purchases, subscriptions, updates, minimum age, content, security and acceptable use.
Topics Chat may adapt, limit, remove or suspend Application features to comply with requirements of app stores, payment providers, authorities or applicable law.
6. Eligibility and age restrictions
The Application is intended for Users who are at least 13 years old, without prejudice to the minimum age, parental consent requirements or other legal conditions applicable in the User's country of residence.
Where local law requires a higher age, parental consent or another authorisation mechanism, the User may use the Application only if those requirements are met.
Payment, monetisation, Creator account, identity verification, adult-only content or other restricted features may require a higher age, identity verification, age verification, specific consent or approval by Topics Chat.
7. Account and security
Some features require account creation. The User is responsible for providing truthful, up-to-date and complete information and for maintaining the confidentiality of credentials, codes, devices and authentication methods.
Topics Chat may suspend, limit or terminate accounts where there are indications of fraud, abuse, legal breach, non-compliance with the EULA, breach of the Terms and Conditions or security risk.
8. Permitted use and technical restrictions
The User undertakes to use the Application only for lawful, personal or authorised professional purposes and in accordance with this EULA and the Terms and Conditions.
It is prohibited to copy, modify, adapt, translate, sell, lease, sublicense, distribute, commercially exploit, decompile, reverse engineer, attempt to extract source code, circumvent technical protections or create derivative works, except where permitted by mandatory law.
It is prohibited to use bots, scripts, scraping, unauthorised automation, technical manipulation, vulnerability exploitation, attacks, unauthorised access, phishing, malware or any means intended to compromise the Application or other Users.
9. User conduct and zero tolerance for objectionable content
Topics Chat applies a strict policy against illegal, abusive, harassing, exploitative, discriminatory, threatening, fraudulent, sexually illegal, harmful to minors, violent, hateful or otherwise objectionable content.
Breach of these rules may result in Content removal, feature limitation, suspension, account termination, payment blocking, Platform ban and, where applicable, reporting to authorities.
10. Responsibility for Content
The User is solely responsible for Content that they create, post, send, share or make available through the Application and declares that they have all necessary rights, authorisations, licences and consents.
Posting Content through the Application does not imply approval, validation or endorsement by Topics Chat.
11. Licence over User Content
The User retains ownership of rights held over their Content.
By posting Content, the User grants Topics Chat a non-exclusive, worldwide, free licence, transferable only in the context of operating the Platform and sublicensable to the extent necessary, to host, store, reproduce, display, distribute, transmit, moderate, technically adapt and make such Content available within the Platform.
12. Moderation, reports and blocking
The Application may include reporting tools, blocking, automatic filters, AI flagging, human review and security systems to identify objectionable, illegal, abusive or rule-breaching content.
Users may report Content, profiles, messages, Rooms, communities or behaviour through the Report feature or other channels made available by Topics Chat.
Where a moderation decision has significant impact, the User may contest the decision through the Platform or by contacting support, in accordance with the Terms and Conditions.
13. Rooms, communities, chats and private messages
The Application may allow participation in Rooms, communities, chats, groups, channels, tabs and private messages.
Public, semi-public or community interactions may be subject to automatic moderation, human moderation, specific rules, reports and security measures.
Private messages must not be used for harassment, threats, fraud, spam, illegal content, exploitation, unauthorised sharing of personal data or breach of the Terms and Conditions.
Topics Chat does not state that all private messages are actively monitored, but may process data and Content where there is a report, suspected abuse, security risk, legal obligation, authority order or need to protect users.
14. Contact synchronisation
The Application may request access to device contacts to enable contact synchronisation, discovery or connection with persons already registered on Topics Chat.
This feature is optional and depends on the User's consent or permission through the operating system or Application.
Topics Chat does not sell the User's contacts to third parties.
15. Technical data and consent to data use
The User acknowledges that Topics Chat may collect and process technical data, device data, usage data, logs, identifiers, system information, crash information and similar data to provide, maintain, update, protect and improve the Application.
Where the law requires consent for analytics, cookies, SDKs, trackers or non-essential technologies, Topics Chat will request such consent through an appropriate mechanism.
16. Payments, monetisation and in-app purchases
The Application may allow purchases, subscriptions, paid usernames, Pay-to-Reply, Pay-to-Video, donations, Creator features or other paid services, in accordance with the Terms and Conditions.
Payments may be processed by payment providers, including Stripe Connect or equivalent entities, and/or app stores where applicable.
The wallet shown to the Creator in the Application is merely informative and does not constitute a bank account, payment account, usable balance, deposit or electronic money.
17. Adult-only content or features
The Application does not make adult-only features available by default.
Any future availability of sensual content, artistic nudity or non-explicit adult content will depend on appropriate mechanisms for age verification, classification, access restriction, moderation and compatibility with legal, app store and payment provider requirements.
Explicit pornography, sexual exploitation, prostitution, sexual trafficking, sexual abuse, non-consensual sexual content, intimate deepfakes, revenge porn, sexual content involving minors or any illegal sexual content are prohibited.
18. No emergency services
The Application does not provide access to emergency services. In an emergency, the User must use official emergency contact channels.
19. Updates, changes and availability
Topics Chat may provide updates, corrections, improvements, new versions or changes to the Application and may modify, update, suspend, restrict or discontinue all or part of the Application or Services.
Topics Chat does not guarantee continuous availability, uninterrupted operation, absence of errors, security or compatibility with all devices, operating systems or app store versions.
20. Disclaimer of warranties
The Application and Services are provided as is and as available, to the maximum extent permitted by law.
Nothing in this EULA excludes rights that cannot be excluded under mandatory consumer law.
21. Limitation of liability
To the maximum extent permitted by law, Topics Chat shall not be liable for indirect, incidental, consequential, punitive or special damages, including loss of data, profits, revenue, reputation, opportunity or business interruption.
Nothing in this EULA limits liability that cannot legally be limited, including mandatory consumer rights.
22. Termination
Topics Chat may suspend or terminate access where the User breaches this EULA, the Terms and Conditions, the law, app store rules or Platform safety rules.
The User may stop using the Application at any time and may request account deletion in accordance with Platform mechanisms and the Privacy Policy.
23. Export control and sanctions compliance
The User may not use, export or re-export the Application except as authorised by applicable law and may not use it in countries or by persons subject to applicable embargoes, sanctions or government restrictions.
24. Conditions relating to Apple
Where the Application is downloaded through the Apple App Store, this EULA is entered into between the User and Topics Chat, and not with Apple.
Apple has no obligation to provide maintenance or support services. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against the User as third-party beneficiaries.
25. Google Play and other stores
Where the Application is downloaded through Google Play or another app store, the User acknowledges that store terms and policies may apply.
Refunds, subscriptions, payments or purchases processed by the relevant store may be subject to the rules and mechanisms of that store, without prejudice to mandatory consumer rights.
26. Intellectual property
The Application, Platform, brand, logo, design, interface, software, code, databases and other elements are protected by intellectual property rights and belong to Topics Chat or its licensors.
27. Governing law and jurisdiction
This EULA is governed by Portuguese law, without prejudice to mandatory rights granted to consumers by the law of their country of habitual residence.
Any dispute should first be submitted to Topics Chat through official channels. Portuguese courts shall have jurisdiction where legally admissible.
28. Changes to this EULA
Topics Chat may update this EULA to reflect legal, technical, operational, commercial, app store, security or product changes.
Material changes may be communicated through the Application, email, notification, app store or other appropriate means.
29. Entire agreement and interpretation
This EULA, together with the Terms and Conditions, Privacy Policy, Cookie Policy where applicable and any specific rules presented in the Application, constitutes the agreement applicable to use of the Application.
In the event of conflict between language versions, the Portuguese version shall prevail, unless expressly stated otherwise by Topics Chat.
30. Contacts
For questions relating to this EULA, the User may contact Topics Chat at support@topicschat.com.
Address: Topics Chat Portugal, Lda., Rua Dr. Joaquim Pires de Lima, n.º 271, 4200-350 Porto, Portugal.