These Terms and Conditions govern access to and use of the Topics Chat platform, including the mobile application, website, communities, rooms, chats, monetisation features, paid services, moderation tools and all other features made available by Topics Chat Portugal, Lda.
This document must be read together with the Privacy Policy, the Cookie Policy, where applicable, and any information presented to the User at the time of purchasing paid services, subscribing to content or using specific features.
Use of the Platform implies acceptance of these Terms. If the User does not agree with these Terms, the User must not create an account, access the Platform or use the Services.
1. Identification of the responsible entity
The Topics Chat Platform is operated by Topics Chat Portugal, Lda., a company incorporated in Portugal, hereinafter referred to as “Topics Chat”, “Topics”, “we”, “us” or the “Platform”.
For the purposes of these Terms, Topics Chat acts as a provider of digital communication, hosting, communities, social interaction and digital content monetisation services.
The official contact for support, reports, information requests, exercise of rights and legal communications is support@topicschat.com, unless another official contact is later made available on the Platform.
Communications concerning illegal content, moderation decisions, requests from authorities or matters covered by the Digital Services Act must also be sent to support@topicschat.com.
2. Definitions
“Platform” means the applications, websites, interfaces, systems, databases, services, features and tools made available by Topics Chat.
“Services” means all features made available through the Platform, including account creation, communication between users, Rooms, communities, groups, channels, private chats, monetisation features, subscriptions, payments, reports, moderation and support.
“User” means any natural or legal person who accesses the Platform, creates an account or uses the Services, whether free of charge or paid.
“Creator” means a User authorised by Topics Chat to make available content, interactions, replies, videos, communities, subscription tabs or other monetised services through the Platform.
“Professional User” means a User who uses the Platform for commercial, professional, advertising, promotional, sales, monetisation or business development purposes.
“Content” means any information, text, message, image, photograph, video, audio, stream, file, link, reaction, reply, description, profile, username, room, community or other material made available on the Platform.
“Room” means a discussion space created on the Platform around a topic, news item, question, debate or specific matter.
“Community” means a space created or managed by a Creator, brand, company or authorised User, which may include open tabs, closed tabs, subscription tabs, content and specific interactions.
“Pay-to-Reply” and “Pay-to-Video” mean features through which a User requests a reply or video from a Creator subject to prior payment authorisation, with capture occurring only if the reply or content is delivered under the applicable terms.
“Donation” means a voluntary contribution made by a User to a Creator without any obligation to deliver content, a service or a specific consideration.
“Wallet” means the merely informative area shown in the application to the Creator, mirroring financial information associated with the Creator’s Stripe account or another payment provider, and not constituting a bank account, electronic money or usable balance.
“Payment Provider” means a third party authorised to process payments, authorisations, captures, settlements, refunds, transfers and financial checks, including Stripe Connect or equivalent entities.
“DSA” means Regulation (EU) 2022/2065 on a single market for digital services, where applicable.
3. Acceptance of the Terms
By accessing the Platform, creating an account, using any feature, posting Content, subscribing, making a payment, receiving payments as a Creator or interacting with other Users, the User declares that they have read, understood and accepted these Terms.
If the User acts on behalf of a company, brand, organisation, association, public entity, team, agency, client or third party, the User declares that they have authority to bind that entity.
Topics Chat may request renewed acceptance of the Terms whenever material changes are made, including in relation to payments, monetisation, privacy, moderation, age, adult content, consumer rights or legal obligations.
Continued use of the Platform after an updated version enters into force constitutes acceptance of that version, without prejudice to statutory consumer rights.
4. Description of the Platform and Services
Topics Chat is a social and communication platform designed to promote organised conversations, thematic communities, interaction between users, debate, content sharing and creator monetisation.
The Platform may include Rooms, communities, private chats, group chats, channels, subscription tabs, notifications, profiles, usernames, premium content, paid replies, paid videos, donations, reporting tools, blocking, moderation and support.
Topics Chat may make free and paid features available and may test, change, suspend or remove features, provided that mandatory rights are respected.
The Platform is not an emergency service and does not allow direct contact with police, fire services, hospitals, medical services, civil protection or other emergency services.
5. Eligibility, minimum age and minors
The Platform may be used by persons who are at least 13 years old, provided that they meet the minimum age, parental consent requirements and other legal conditions applicable in their country of residence.
The minimum age for creating an account and using the Platform depends on the applicable law in each jurisdiction. Where local law requires a higher age, verifiable parental consent or another authorisation mechanism, those requirements apply.
Topics Chat may adapt the minimum age, limit features, block access, request parental consent, verify age or apply additional protection mechanisms depending on country, age, account type, feature, content, payment, monetisation or risk.
Users under 18 may not access, purchase, subscribe to, request, view, publish, sell or participate in features, spaces or content reserved for adults.
False statements about age, identity, residence or parental consent constitute a serious breach of these Terms.
6. Account creation, security and use
To use certain features, the User must create an Account and provide accurate, up-to-date, complete and appropriate information.
The User is responsible for maintaining the confidentiality of credentials, devices, access codes, authentication methods and other security elements.
The User is responsible for all activity carried out through their Account, unless they demonstrate misuse by a third party not attributable to them.
Topics Chat may refuse, suspend, limit or terminate accounts where there are indications of fraud, security risk, legal breach, misuse, false identity or breach of Platform rules.
7. Account types
The Platform may allow personal accounts, professional accounts, creator accounts, brand accounts, company accounts, verified accounts and other account types defined by Topics Chat.
Professional and creator accounts may require additional information, document validation, identity verification, tax verification, bank verification or manual approval.
The granting of a creator, professional or verified account does not create an employment, agency, partnership, franchise, mandate or representation relationship with Topics Chat.
The Creator acts at their own risk and is responsible for their Content, tax obligations, legal compliance, information provided to subscribers and compliance with Platform rules.
8. Usernames, identifiers and profile elements
The Platform may allow the creation, selection, reservation, change, purchase or use of usernames, profile names, handles, identifiers, badges, titles or distinctive elements.
Where the purchaser is a consumer resident in the European Union, purchases of usernames, personalised digital identifiers, badges or digital elements are subject to the legal rules on distance contracts and digital content or services, including a 14-day withdrawal period where applicable, unless a valid legal exception applies and is accepted by the User.
Topics Chat may request express consent for immediate supply and acknowledgement of the consequences of immediate performance. Any limitation of withdrawal rights shall be interpreted restrictively and in accordance with mandatory consumer law.
The User may not choose identifiers that infringe third-party rights, trade marks, trade names, personality rights, public figures, public entities, institutions, companies or offensive, discriminatory, misleading or illegal content.
The purchase of a username grants only a limited licence to use it within the Platform, subject to these Terms.
9. Licence to use the Platform
Subject to compliance with these Terms, Topics Chat grants the User a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform.
The User may not copy, modify, adapt, translate, sell, resell, sublicense, lease, commercially exploit, decompile, reverse engineer, extract code, circumvent technical mechanisms or create competing products from the Platform, except where permitted by mandatory law.
All rights not expressly granted to the User remain reserved to Topics Chat or the relevant rights holders.
10. General User obligations
The User undertakes to use the Platform in a lawful, responsible, honest and safe manner.
The User may not use the Platform for illegal, fraudulent, misleading, abusive, discriminatory, defamatory, threatening, harassing, exploitative, violent, sexually illegal, harmful to minors or rights-infringing acts.
The User may not interfere with the Platform, circumvent security measures, exploit vulnerabilities, use unauthorised bots, scrape, send spam, manipulate metrics, sell accounts or create unauthorised parallel monetisation mechanisms.
The User may not publish personal data of third parties without a legal basis or use the Platform to promote hatred, violence, terrorism, sexual exploitation, child abuse, human trafficking, fraud, malware, illegal goods, self-harm, suicide or other unlawful activities.
The User may not sell goods or services outside authorised channels where the purpose is to circumvent commissions, security rules, payment mechanisms, tax rules or consumer protection.
11. User Content
The User is solely responsible for the Content that they create, post, send, share, make available or promote on the Platform and declares that they have all necessary rights and authorisations.
The User retains ownership of intellectual property rights in their Content, to the extent that such rights belong to them.
By making Content available, the User grants Topics Chat a worldwide, non-exclusive, free licence, sublicensable to the extent necessary and transferable only in the context of operating the Platform, to host, store, reproduce, technically adapt, display, distribute, transmit, moderate, promote and make that Content available within the Platform and related communications.
Deletion of Content may not result in immediate deletion of technical copies, audit records, backups, moderation evidence, legally necessary data or Content already shared with other Users.
Topics Chat does not endorse, validate or guarantee the truthfulness, accuracy, legality, quality, safety or usefulness of Content posted by Users.
12. Topics Chat intellectual property
The Platform, brand, name, logo, design, interface, software, code, databases, architecture, features, documentation and proprietary elements belong to Topics Chat or its licensors.
Nothing in these Terms grants the User ownership over the Platform or Topics Chat elements.
The User may not use Topics Chat marks, logos, screenshots, materials, design or identity for commercial, advertising or institutional purposes without written authorisation, except for legitimate and proportionate reference.
13. Rooms, communities, groups, channels and private chats
The Platform allows creation of and participation in Rooms, communities, groups, channels, tabs, private chats and other interaction spaces.
Each space may have rules defined by Topics Chat, the Creator, administrator or moderators, provided that they are compatible with these Terms and applicable law.
Participation may be open, limited, private, closed, paid, invitation-only, subscription-based or subject to approval.
Topics Chat may intervene in any space where there are indications of legal breach, risk to users, breach of these Terms, substantiated complaint, authority order or need to protect the Platform.
14. Specific rules for Rooms
Rooms are conversation, debate and interaction spaces created around topics, questions, news, events, interests or specific matters.
By creating or participating in a Room, the User accepts these Terms, the Platform rules and any specific rules defined for that Room.
Room titles, descriptions, images, first messages, topics and categories must be truthful, proportionate, non-misleading and compatible with the law and Platform rules.
It is prohibited to create or use Rooms for harassment, public humiliation, defamation, hate speech, violence, discrimination, exposure of personal data, fraud, manipulation, deliberate disinformation, exploitation of minors, prohibited sexual content, illegal activity, coordinated attacks, brigading, spam or external payment circumvention.
Topics Chat may limit, refuse, hide, remove, reclassify, demote, archive or close a Room where necessary to protect users, minors, victims, debate integrity or Platform security.
Users who breach Room rules may be removed or banned from that Room, without prejudice to other moderation measures applicable to their Account.
Sensitive Rooms, including those about politics, justice, health, minors, tragedies, crimes, sexuality, religion, race, ethnicity, identity, mental health or public figures, may be subject to additional moderation.
Rooms with non-explicit adult content, when permitted, must be limited to restricted areas and comply with age, verification, classification and adult content rules.
The User may report a Room, message, profile or behaviour through the available reporting mechanisms.
15. Adult content, +18 content and restricted areas
In its general configuration, the Platform does not allow explicit pornography, explicit sexual acts, sexual exploitation, prostitution, sexual trafficking, sexual abuse, non-consensual sexual content, intimate deepfakes, revenge porn, content involving minors or any illegal sexual content.
Topics Chat may in the future, or in specifically authorised features, allow sensual content, artistic nudity and non-explicit adult content only if legal, consensual, properly classified and available in restricted areas with adequate age verification, gating, access control and compliance with app store and payment provider requirements.
Until such technical and operational mechanisms are active, validated and communicated, Creators and Users must not publish, sell, promote, request or distribute adult content, even if non-explicit.
Any Content involving minors in a sexual, suggestive, exploitative, abusive context or improper nudity is strictly prohibited and may be reported to authorities.
Users under 18 may not access, request, purchase, subscribe to, view, sell or participate in areas intended for adult content.
16. Creators and monetisation
Topics Chat may allow Creators to monetise content, communities, tabs, replies, videos, interactions or donations through the Platform.
Monetisation depends on approval, technical availability, age, identity, residence, tax, payment and verification requirements and acceptance of applicable conditions.
Topics Chat may refuse, suspend or withdraw monetisation where there are indications of legal breach, fraud, abuse, excessive chargebacks, repeated complaints, tax non-compliance, breach of content or payment rules or reputational risk.
The Creator is responsible for their Content, promises, paid interactions, subscriber communication, deadlines, commercial information and tax and social security obligations.
The Creator is not an employee, agent, representative, partner, franchisee or collaborator of Topics Chat.
The Creator may not request external payments to circumvent Platform payment mechanisms where the transaction originated on the Platform or relates to monetised Topics Chat features.
17. Creator subscriptions and subscription tabs
The Platform may allow Users to subscribe to communities, tabs, content or benefits made available by Creators through recurring payment.
Essential subscription terms, including price, frequency, Creator, main benefit, renewal date and cancellation terms, will be shown before contracting.
Unless otherwise stated, subscriptions are monthly and renew automatically until cancelled by the User, the Creator, Topics Chat or the payment provider.
Cancellation prevents future renewals. If access is removed, interrupted or materially restricted for reasons not attributable to the subscriber, the User may be entitled to a proportional refund for the unused period, where required by law or justified by the circumstances.
Full forfeiture of amounts already paid shall apply only in cases of fraud, abusive conduct, serious breach or another legally valid ground.
18. Pay-to-Reply
Pay-to-Reply allows a User to request a reply from a Creator subject to prior payment authorisation.
At the time of the request, the payment provider may block or authorise the amount on the User’s payment method. This does not necessarily mean immediate charge.
The amount is captured only when the Creator delivers the reply. If the request is rejected, cancelled, expires or is not delivered within the applicable period, the authorisation may be released or cancelled by the payment provider.
The Creator may refuse abusive, illegal, offensive, invasive, inappropriate, impossible requests or requests that breach these Terms.
After delivery and capture, the User may complain within 48 hours if the reply is materially not as described, not delivered as agreed, fraudulent or affected by a technical error. After that period, amounts are generally non-refundable, except where mandatory law, fraud, substantial non-performance or a Topics Chat decision provides otherwise.
19. Pay-to-Video
Pay-to-Video allows a User to request a video, video reply, audiovisual message or similar content from a Creator subject to prior payment authorisation.
The payment provider may authorise or block the amount at the time of request and capture it only after the Creator delivers the content.
The Creator may refuse requests that are illegal, offensive, abusive, inappropriate, contrary to their image, impossible, infringe third-party rights or breach these Terms.
Unless otherwise stated, delivered videos are for personal use within the Platform and do not grant commercial, advertising, resale, sublicensing, editing or external exploitation rights.
After delivery and capture, the User may complain within 48 hours if the content is materially not as described, not delivered as agreed, fraudulent or affected by a technical error.
20. Donations
The Platform may allow Users to make donations or voluntary contributions to Creators.
A donation does not automatically confer any right to content, reply, priority, subscription, special access, commercial benefit or specific consideration, unless expressly indicated before payment.
Donations are voluntary and, except in the case of mandatory law, technical error, duplicate payment, unauthorised operation, proven fraud or a Topics Chat decision, are not refundable.
If the User identifies fraud, error, duplicate payment or unauthorised operation in connection with a donation, the User should contact support within 24 hours.
21. Sales within the Platform
Topics Chat may sell digital goods, content, usernames, identifiers, subscriptions, replies, videos, access rights, services or other paid features, and may allow Creators or Professional Users to sell content, services or benefits through the Platform.
Purchases, sales and the rights arising from them are subject to applicable law, pre-transaction information, these Terms and payment provider rules.
Where the sale is not made directly by Topics Chat, the seller, Creator or Professional User is responsible for the content, service, benefit, delivery, quality, legality and consumer information, without prejudice to Topics Chat duties as platform provider and mandatory consumer rights.
Professional Users and Creators may not develop unsupported services or use the Platform for commercial purposes not provided for in these Terms or to defraud Topics Chat, Users or the payment system.
Users, Creators and Professional Users may not redirect Platform-originated transactions to external payment channels to circumvent commissions, payment rules, tax obligations, security or consumer protection.
Unless otherwise agreed, payments are processed by a Payment Provider, including Stripe Connect or equivalent, which may pay Creators or Professional Users directly after deduction of Topics Chat commission, provider costs, refunds, chargebacks, taxes, withholding or other applicable amounts.
The standard Topics Chat commission is 15 percent, without prejudice to specific agreements or future commercial conditions.
Unless otherwise stated, all transactions within the Platform are carried out in euros, EUR.
22. Prices, commissions and taxes
Prices are shown before confirmation of the transaction. Processing fees, payment provider costs, taxes, VAT, withholding, bank charges, currency costs or other amounts may apply.
Where a transaction qualifies as a B2C digital service in the European Union, VAT may be determined according to the consumer’s place of residence and reported through the One-Stop Shop, OSS, or another applicable tax mechanism.
The Creator is responsible for tax, social security, accounting, reporting and legal obligations relating to income obtained through the Platform.
Topics Chat may change future commissions by communication or publication of updated conditions, without affecting completed transactions unless agreed or required by law.
23. Payments and Stripe Connect
Payments made on the Platform are processed by authorised payment providers, including Stripe Connect or another equivalent provider.
Topics Chat does not directly process full payment card data when handled by the payment provider.
To receive payments, the Creator may need to create, validate or maintain an account with the payment provider and provide identity, bank, tax and other required information.
The payment provider may refuse, suspend, retain, block, delay or cancel payments according to its policies, legal obligations, anti-fraud rules, risk rules, compliance rules or authority instructions.
Topics Chat may suspend paid features or monetisation if the payment provider ceases to support an account, country, activity, Creator, Content or transaction category.
24. Informative Wallet
The Wallet shown in the application is merely informative and allows the Creator to view information relating to amounts arising from monetised activity.
The Wallet reflects information associated with the payment provider, namely Stripe Connect or equivalent.
The Wallet does not constitute a bank account, payment account, electronic money, deposit, balance held by Topics Chat, financial instrument or autonomous payment service.
The Creator may not use the Wallet to make payments to other Users, purchase services within the Platform, transfer balance between users or keep money deposited with Topics Chat.
25. Right of withdrawal, digital content and refunds
Where the User acts as a consumer, the User may benefit from rights under legislation on distance contracts and digital content or services.
Before immediately executed digital content or services are contracted, the Platform may request express consent to immediate performance and acknowledgement that, where applicable, the right of withdrawal is lost after performance begins or content is made available.
Refund limitations shall always be interpreted in accordance with mandatory consumer law, the specific information shown at purchase and the refund windows expressly provided in these Terms.
In Pay-to-Reply and Pay-to-Video, where the amount has only been authorised and not captured, non-delivery may result in cancellation or release of the authorisation.
Cancellation of a subscription prevents future renewals and may give rise to a proportional refund where access is materially prevented for reasons not attributable to the subscriber, where law requires it or where Topics Chat decides to do so.
Topics Chat may assess refund requests case by case, including billing errors, duplicate charges, technical failures, proven fraud, prolonged unavailability attributable to the Platform or substantial non-performance by a Creator.
26. Third-party services, app stores and integrations
The Platform may integrate, depend on or allow access to third-party services, including payment providers, cloud services, authentication services, analytics, monitoring, notifications, app stores, external links and technical tools.
Use of third-party services may be subject to the terms, policies, fees, limitations and decisions of those third parties.
Topics Chat may adapt, limit or remove features to comply with app store rules, payment providers, authorities, technology partners or legal requirements.
27. Third-party services and content sharing
The User is responsible for use of third-party services and for ensuring the legality, reliability, quality, authorisation and security of Content shared externally through third-party services, cloud storage, operating system sharing, social networks or any other means.
Content originating from the Platform does not constitute Topics Chat authorisation for external sharing or use and does not imply liability of Topics Chat towards third parties.
28. Content moderation
Topics Chat may moderate Content, accounts and interactions to promote a safe, organised and respectful environment.
Moderation may include warning, reach reduction, feature limitation, hiding, Content removal, age classification, demonetisation, temporary or permanent suspension, community ban, Platform ban, payment blocking or reporting to authorities.
Moderation may involve automated tools, detection systems, word lists, AI signals, human review, user reports, partner reports, legal orders or internal audits.
Topics Chat does not assume a general obligation to monitor all Content, but may act when it becomes aware of potentially illegal or rule-breaching Content.
29. Reports, blocking and security tools
Users may report Content, profiles, messages, communities, Rooms or behaviour that they consider illegal, abusive, offensive, dangerous or in breach of these Terms.
Reports must be submitted in good faith and contain sufficient information for assessment where possible.
It is prohibited to use reporting mechanisms abusively, fraudulently, in retaliation, in a coordinated manner, falsely or to improperly silence other Users.
Users may block other Users where the feature is available.
30. Digital Services Act, illegal content and transparency
To the extent that Topics Chat qualifies as an intermediary service provider, hosting service or online platform under the DSA, it shall comply with the obligations applicable to its size, nature and activity.
The point of contact for illegal content, moderation decisions, authority requests or DSA matters is support@topicschat.com.
Topics Chat will make available mechanisms for notification of allegedly illegal Content. Notices must be sufficiently precise and substantiated.
Where Topics Chat decides to restrict Content or an account, it may provide information about the decision unless prohibited by law, harmful to an investigation, compromising security or technically impossible.
Affected Users may submit an internal appeal through the Platform or support@topicschat.com within the indicated period or, where required by the DSA, within a reasonable period not exceeding six months.
Where legally applicable, Topics Chat will publish transparency reports and take into account communications from trusted flaggers recognised under the DSA.
31. Automated systems, AI and human review
The Platform may use automated systems, AI models, classifiers, security rules, word lists, behavioural signals and anti-fraud tools to detect potentially problematic Content, accounts or transactions.
Where an automated decision produces significant effects on the User, the User may request human review unless the decision is necessary due to legal obligation, urgent security, fraud prevention or another applicable legal ground.
Topics Chat does not guarantee that automated systems are infallible. False positives and false negatives may occur.
32. Privacy and data protection
The processing of personal data by Topics Chat is governed by the Privacy Policy in force.
Topics Chat may process account, contact, usage, device, payment, moderation, support, security, consent, verification, tax and other necessary data to perform these Terms and provide the Services.
The User may exercise privacy rights in accordance with the Privacy Policy and applicable law.
33. Platform security
Topics Chat adopts appropriate technical and organisational measures to protect the Platform, data, accounts, transactions and communications.
Communications and data may be protected through encryption in transit, encryption at rest, access controls, monitoring, security logs, anti-fraud mechanisms and other appropriate practices.
No system is immune from failures, attacks, unavailability, errors, vulnerabilities, unauthorised access or incidents.
34. Availability, changes and technical operation
The Platform is made available “as is” and “as available”. Topics Chat does not guarantee continuous availability, uninterrupted operation, absence of errors, universal compatibility, permanent preservation of Content or immediate delivery of notifications.
Topics Chat may carry out maintenance, updates, migrations, tests, infrastructure changes, security corrections or functional changes and may add, remove, replace, suspend or change features, interfaces, monetisation models, limits, prices, rules, integrations or policies.
35. Account suspension, limitation and termination
The User may stop using the Platform and request account deletion through the available mechanisms.
Topics Chat may suspend, limit or terminate an Account where there is breach of these Terms, legal breach, risk to third parties, fraud, abuse, non-payment, abusive chargebacks, breach of content rules, security risk or legal order.
Suspension or termination for breach of these Terms does not, as a rule, entitle the User to a refund, unless mandatory law provides otherwise.
36. Liability of Topics Chat
Topics Chat provides a digital platform for intermediation, communication, hosting and monetisation tools. It is not, unless expressly stated, the author, editor, employer, agent or guarantor of Content, Creators, Users or interactions.
To the maximum extent permitted by law, Topics Chat is not liable for indirect damage, loss of profit, loss of opportunity, loss of data, loss of reputation, business interruption, loss of revenue, consequential damage or damage resulting from misuse.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including mandatory consumer rights.
37. User liability and indemnity
The User is responsible for damage, costs, claims, fines, losses, expenses and liabilities resulting from breach of these Terms, the law, third-party rights, payment rules or obligations assumed towards other Users.
The User undertakes to indemnify Topics Chat, its directors, employees, contractors, partners and affiliates against third-party claims arising from the User’s Content, conduct, fraud, non-compliance, rights infringement, misuse of the Platform or breach of applicable rules, to the extent permitted by law.
38. Advertising, brands, companies and commercial communications
The Platform may allow brands, companies, campaigns, sponsored content, partnerships, professional communities, promotions, affiliate programmes or commercial communications.
Professional Users and Creators must identify commercial communications, advertising, partnerships, sponsorships, affiliate links or benefits received where required by law or Platform rules.
Misleading, aggressive, unlawful or discriminatory advertising, advertising improperly directed at minors or relating to prohibited products is prohibited.
39. Electronic communications, automatic messages and notifications
Topics Chat may communicate with the User through the application, push notifications, email, internal messages, banners, system notices or other available means.
Where a User subscribes to a Creator, community or tab, the Platform may send automatic or preconfigured messages associated with the subscription, including welcome messages, service messages, community information or instructions from the owner or Creator, in accordance with the Privacy Policy.
40. Changes to the Terms and migration between versions
Topics Chat may change these Terms to reflect legal, technical, commercial, operational, security, product, monetisation or Platform operation changes.
Material changes will be communicated by appropriate means and may require renewed acceptance.
In the migration from a previous version, Topics Chat may require renewed acceptance before the User performs new monetised actions, makes new purchases, receives new payments as a Creator, renews subscriptions or uses features materially affected by the new Terms.
41. Assignment and transfer
The User may not assign or transfer their Account, rights, obligations, usernames, subscriptions, communities or contractual position without written authorisation from Topics Chat.
Topics Chat may assign or transfer its contractual position, rights or obligations in the context of corporate reorganisation, merger, acquisition, sale of assets, succession, change of corporate group or equivalent transaction, provided that Users’ legal rights are respected.
42. Governing law and dispute resolution
These Terms are governed by Portuguese law, without prejudice to mandatory rights granted to consumers by the law of their country of habitual residence.
In the event of a dispute, the User should first contact Topics Chat through the official channels.
Consumers may use legally available alternative consumer dispute resolution mechanisms and, where applicable, European dispute resolution mechanisms.
Without prejudice to consumers’ mandatory rights, and where legally admissible, Portuguese courts shall have jurisdiction.
43. Final provisions
These Terms constitute the main agreement between the User and Topics Chat regarding use of the Platform, without prejudice to specific policies, payment flow conditions, community rules and applicable complementary information.
The failure by Topics Chat to immediately exercise any right does not constitute a waiver.
In the event of conflict between these Terms and specific information presented in a purchase, subscription or payment flow, the specific information shall prevail for that transaction, provided that it does not reduce mandatory consumer rights.
In the event of conflict between language versions, the Portuguese version shall prevail, unless Topics Chat expressly indicates another version as binding.
These Terms enter into force on the date indicated at the beginning of the document and replace previous versions for future use of the Platform.