Terms of Service
ChocoShare Effective Date: [June 30, 2026] Last Updated: [June 30, 2026]
1. Acceptance of Terms
By downloading, installing, or using the ChocoShare mobile or web application (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
These Terms constitute a legally binding agreement between you and ChocoShare ("we," "us," or "our"). We reserve the right to update these Terms at any time. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.
2. Description of Service
ChocoShare is a cross-platform file sharing application that allows users to transfer and share files between devices. The Service is available via mobile application and web browser.
3. User Accounts
3.1 Registration
To use certain features of the Service, you must create an account by providing a valid name and email address. You are responsible for maintaining the confidentiality of your account credentials.
3.2 Account Accuracy
You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
3.3 Account Security
You are responsible for all activity that occurs under your account. You must notify us immediately at [support@chocoshare.com] if you suspect unauthorized access to your account.
3.4 One Account Per User
You may not create multiple accounts or transfer your account to another person without our prior written consent.
4. Age Requirements and Children's Privacy
4.1 General Use
ChocoShare is available to users of all ages. However, users under the age of 13 in the United States, or under the applicable age of digital consent in their country (e.g., 16 in certain EU member states), must have verifiable parental or guardian consent before creating an account or using the Service.
4.2 Parental Consent
If you are a parent or legal guardian and you believe your child under the age of 13 has created an account without your consent, please contact us at [support@chocoshare.com] so we can promptly delete the account and associated data.
4.3 COPPA Compliance
We comply with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13 without verifiable parental consent. See our Privacy Policy for full details.
5. Acceptable Use
You agree to use ChocoShare only for lawful purposes. You must NOT use the Service to:
- Upload, share, or transmit any content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable;
- Infringe upon any intellectual property rights, including copyright, trademark, or trade secrets;
- Share files containing malware, viruses, ransomware, or any other malicious code;
- Attempt to gain unauthorized access to any portion of the Service or its related systems;
- Engage in any activity that disrupts or interferes with the Service;
- Harvest, scrape, or collect data from other users without their consent;
- Impersonate any person or entity, or falsely claim an affiliation with any person or entity;
- Use the Service for any commercial purpose not expressly permitted by us.
We reserve the right to suspend or terminate accounts found in violation of these rules.
6. User Content
6.1 Ownership
You retain all ownership rights to the files and content you share through ChocoShare ("User Content"). We do not claim any ownership over your User Content.
6.2 License to Us
By using the Service, you grant ChocoShare a limited, non-exclusive, royalty-free, worldwide license to store, transmit, and display your User Content solely to the extent necessary to provide the Service.
6.3 Your Responsibility
You are solely responsible for the User Content you share. We do not review or pre-screen files shared between users and take no responsibility for User Content.
6.4 Content Removal
We reserve the right to remove any User Content that violates these Terms or applicable law, without prior notice.
7. Payments and Subscriptions
7.1 Payment Processing
Payment processing for ChocoShare is handled by Polar.sh, a third-party payment processor. By making a purchase, you agree to Polar.sh's terms and conditions and privacy policy. We do not store your payment card information.
7.2 Billing
Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan). All fees are non-refundable unless otherwise stated or required by law.
7.3 Taxes
You are responsible for all applicable taxes associated with your purchase, except where we are required to collect taxes under applicable law.
7.4 Cancellation
You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period, and you will retain access to paid features until that date.
8. Intellectual Property
8.1 Our Property
The ChocoShare name, logo, software, design, and all related intellectual property are owned by us and protected by applicable intellectual property laws. You may not copy, reproduce, modify, or distribute any part of the Service without our express written consent.
8.2 Feedback
Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without any obligation to compensate you.
9. Privacy
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
10. Third-Party Services
The Service may integrate with or link to third-party services (including Polar.sh). We are not responsible for the practices, content, or availability of third-party services. Your use of third-party services is governed by their respective terms and privacy policies.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, error-free, or secure;
- Any files transferred through the Service will be free from loss or corruption;
- The Service will meet your specific requirements.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHOCOSHARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) $100 USD.
13. Indemnification
You agree to indemnify, defend, and hold harmless ChocoShare and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your User Content, or your violation of these Terms.
14. Termination
14.1 By You
You may stop using the Service and delete your account at any time by contacting us at [support@chocoshare.com].
14.2 By Us
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease.
14.3 Survival
Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law will survive termination.
15. Governing Law and Dispute Resolution
15.1 EU Users
If you are located in the European Union, you may also have rights under applicable EU law. Nothing in these Terms limits your rights under EU consumer protection legislation.
15.2 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action.
16. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or by displaying a prominent notice within the Service. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance.
17. Contact Us
If you have any questions about these Terms, please contact us at:
ChocoShare Email: [support@chocoshare.com]