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Legal Document

Terms of Use

Last updated: January 14, 2026

⚠️ U.S. residents: This Agreement includes an arbitration agreement and class action waiver that affects how disputes are resolved (including limiting your ability to bring claims in court and to have a jury trial), unless you opt out where an opt-out right is provided.

Please read these Terms of Use (the "Terms") carefully. Highchat is a mobile application and related services (collectively, the "Service") operated by Highchat LLC ("Highchat LLC," "we," "us," or "our").

These Terms, together with any supplemental terms or policies we present to you in the Service (including any Community Guidelines, Safety Rules, or other product-specific terms) (collectively, the "Agreement"), govern your access to and use of the Service.

How Highchat Works; Where to Find More Info. We explain how the Service works in these Terms, our Privacy Policy, our Community Guidelines, and inside the Service (including notices, consents, and settings screens).

Index

Acceptance of the Agreement

By creating an account, clicking "I Accept," downloading or using the App, or otherwise accessing or using the Service, you confirm that you:

  • have read, understand, and agree to be bound by the Agreement;
  • are at least 13 years old; and
  • have the legal capacity to enter into a binding contract (or, if you are a minor in your state of residence, you have obtained any consent required from a parent or legal guardian to use the Service and for you to be bound by this Agreement, to the extent permitted by law).

By using Highchat, you agree to comply with this Agreement and all applicable laws, rules, and regulations.

If you do not agree to the Agreement, do not access or use the Service.

Definitions

In these Terms:

  • "App" means the Highchat mobile application.
  • "User" means any person who accesses or uses the Service.
  • "You" means the individual using the Service, including the individual identified during registration (if any).

Important notice about disputes (U.S. users)

IF YOU ARE A U.S. RESIDENT, the Agreement includes an arbitration agreement and class action waiver that affects how disputes are resolved (including limiting your ability to bring claims in court and to have a jury trial), unless you opt out where an opt-out right is provided.

Consumer-only use

The Service is intended for personal, non-commercial use only. You may not use the Service on behalf of or for the benefit of a business, or in connection with any commercial purpose (including advertising, solicitation, lead generation, data scraping, or reselling access), except with our prior written permission. You represent and warrant that you are using the Service as a consumer and not for a commercial purpose.

To the fullest extent permitted by law, Highchat LLC disclaims liability for business or commercial losses arising from or related to your use of the Service.

School communities; verified school email

Highchat is an anonymous community app organized around high schools. Certain features—such as a school's internal feed (a "School Feed")—are intended to be available only to users who verify access using a school-issued email address ("Verified School Email"). Verification may be required to view, post, or interact within a particular School Feed.

You understand and agree that:

  • a School Feed is intended for users affiliated with that school community and who have completed email verification;
  • we may use technical and administrative measures to validate, maintain, or revoke access to a School Feed; and
  • we do not guarantee that a School Feed will be free from users who misrepresent their affiliation or otherwise gain access improperly.

School-issued email systems

When using a school-issued email address to verify access, you understand that: (i) the email account and related systems may be owned, administered, or monitored by your school or its providers, and your school may be able to access or retain messages sent to that address; (ii) we do not control your school's email system, policies, or monitoring practices; (iii) your school may suspend or revoke your email account, change your email address, or block our messages, which may limit or end your access to a School Feed; and (iv) you must use only a school email address you are authorized to use, and you must not share verification links/codes or help others improperly access a School Feed.

No School Affiliation

Highchat is a private service and is not sponsored by, endorsed by, administered by, or affiliated with any school or school district. A school's email domain or verification process is used only to help limit access to a school's community, and schools are not responsible for content posted on Highchat or for our operation of the Services.

Nature of content; no reliance

The Service supports real-time community "chatter" that may include jokes, memes, opinions, gossip, rumors, and unverified information. Content on Highchat may be inaccurate, incomplete, misleading, offensive, or harmful. You agree that you will not rely on any content on the Service as factual, safe, or verified, and that you use the Service at your own risk. Highchat is not an official communications channel for any school.

Changes to the Agreement

We may update this Agreement from time to time. When we do, we will update the "Last Updated" date above and make the updated Agreement available through the Service.

If we make material changes, we will provide reasonable notice (for example, by posting a notice in the App or otherwise notifying you). Unless we say otherwise, changes are effective:

  • immediately for new users; and
  • for existing users, on the earlier of (a) 30 days after we post the updated Agreement, or (b) the date you accept the updated Agreement (for example, through a click-through acceptance) if we require acceptance to continue using the Service.

If you do not agree to the updated Agreement, you must stop using the Service before the changes take effect. Your continued use of the Service after the effective date of the updated Agreement means you accept the updated Agreement. You agree that our continued provision of the Service is sufficient consideration for the updated Agreement to the extent required by applicable law.

1. Use of the Service

The Service and all content, features, and functionality in or made available through it (including software, text, graphics, logos, and user interfaces) are owned by Highchat LLC or its licensors and are protected by U.S. and international intellectual property laws. Your right to access and use the Service is limited to the rights expressly granted in this Agreement.

1.1

App License

Subject to your compliance with this Agreement, Highchat LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the App on a device that you own or control, solely for your personal, non-commercial use.

App Store / Google Play terms

If you download the App from Apple's App Store or Google Play, you also agree to comply with the applicable platform terms, including any usage rules and restrictions imposed by Apple or Google. The license granted to you under this Agreement is separate from and does not modify any rights you may have under the applicable app store terms.

Reservation of rights

Except for the limited license above, Highchat LLC and its licensors reserve all rights, title, and interest in and to the Service and all related intellectual property.

1.2

Updates and Changes

The Service may change over time (for example, to add or remove features, improve safety, fix bugs, or comply with legal requirements). You agree that we may provide updates automatically or require you to install updates to continue using the Service. We may update the Service with or without notice to the extent permitted by law.

You are responsible for maintaining any required third-party software or device settings (including operating system versions) needed to access the Service.

1.3

Restrictions and Acceptable Use (Technical and IP Protections)

You may not (and may not permit or enable others to):

  • Commercially exploit the Service, including selling, licensing, renting, leasing, distributing, or otherwise making the Service available for commercial purposes.
  • Copy, modify, or create derivative works from the Service or any portion of it, except as expressly allowed by this Agreement.
  • Reverse engineer or attempt to derive source code from the Service, including by disassembling, decompiling, or otherwise attempting to discover the underlying software, except to the limited extent such restriction is prohibited by applicable law.
  • Access or collect data from the Service using automated means (including bots, scrapers, crawlers, or data mining tools), or bypass any measures we use to prevent or limit access to the Service.
  • Interfere with or disrupt the Service, including by introducing malware, abusing reporting systems, probing or testing vulnerabilities, or attempting to gain unauthorized access to accounts or School Feeds.
  • Remove or obscure copyright, trademark, or other proprietary notices displayed in or on the Service.
  • Use our trademarks (including "Highchat," "Highchat LLC," and related logos) without our prior written permission, except as permitted by law.

We may take technical measures to enforce these restrictions (including rate limiting, blocking, device or account controls, and other security features). Any future release, update, or other addition to the Service is part of the Service and will be subject to this Agreement.

1.4

Communications and Text Messages

If you provide us your phone number, we may send you text messages (SMS) for account verification, security, and other operational communications related to your account or your use of the Service.

You represent that you are the account holder for the phone number you provide or that you have the account holder's permission to receive messages at that number. Message and data rates may apply depending on your carrier and plan.

We may also communicate with you by email (including your Verified School Email, if applicable), push notifications, and in-app messages. You can control certain communications through the App and your device settings, but you understand we may still send important non-marketing messages, such as security alerts and legal notices. If you use a school-issued email address, your school may be able to access or monitor emails sent to that address; we do not control school email systems.

1.5

Privacy

We collect and use personal information as described in our Privacy Policy, which is incorporated into this Agreement by reference.

We may also provide feature-specific privacy and safety disclosures in the Service (including in notices, prompts, and settings screens).

1.6

Additional Terms

Some parts of Highchat may have extra rules or terms presented in the app (for example, additional community rules for a School Feed feature). Those additional terms become part of this Agreement when you use the feature. If there's a conflict between those additional terms and these Terms, the additional terms control for that feature.

2. Registration and Account

2.1

Creating an Account; Eligibility; School Verification

To access certain features of the Service (including posting, interacting, or accessing a School Feed), you may need to create an account (an "Account"). A "Registered User" is a user who has created an Account through the Service.

Eligibility (13+)

You may use the Service only if you are 13 years of age or older. If you are between 13 and 17 (a "Teen User"), you represent that you have obtained any permission required by your parent or legal guardian to use the Service and be bound by this Agreement, to the extent required by applicable law.

Minimum age in your location

You must be at least 13 and at least the minimum age required to use the Service in your place of residence. If the minimum age where you live is higher than 13, you may use Highchat only if you meet that higher minimum age.

Children Under 13 (No Use; Account Removal). Highchat is not directed to children under 13, and we do not knowingly permit anyone under 13 to create an account or use the Services. If you are under 13, do not use the Services and do not provide any personal information to us.

If we learn (including through a report) that a user is under 13, we may take steps we consider appropriate, including terminating or suspending the account and deleting or de-identifying the user's personal information and content. We may retain certain information as necessary to comply with law, protect the safety and security of our users or the public, resolve disputes, and enforce this Agreement.

If we obtain actual knowledge that a user is under 13, we will suspend/terminate the account and delete or de-identify the user's personal information and Content from our active systems, except where we must or may retain certain information for legal compliance, safety/security, dispute resolution, or enforcement purposes.

If you believe someone under 13 is using Highchat, please contact us at support@highchat.app.

School communities and Verified School Email

Highchat is organized around high schools. To access a particular School Feed, we may require you to verify a school-issued email address (a "Verified School Email"). Verification requirements may vary by school and feature, and we may change or suspend verification requirements at any time for safety, integrity, or operational reasons.

Important: school email accounts are not controlled by us. Your school (or its IT providers) may be able to access, monitor, or retain messages sent to your Verified School Email. We are not responsible for your school's email systems or policies. If you lose access to your school email address (or your school blocks our messages), you may lose access to that School Feed.

Information we may require to register

During registration, we may ask you to provide certain information such as:

  • your age (or birth year);
  • a phone number (for verification, security, or operational communications);
  • a school selection and/or a Verified School Email (to access a School Feed); and/or
  • other information reasonably needed to provide the Service, prevent abuse, or comply with law.

We may use technical means to verify eligibility and access (including email verification, device- and account-level checks, rate limiting, or other integrity controls). We do not guarantee that any School Feed will be limited to only current students, and you understand that some users may attempt to access a School Feed improperly despite these controls.

2.2

Registration Information; Account Security; One Account; Enforcement

When you create or maintain an Account, you agree to:

  • provide information that is true, accurate, current, and complete where prompted (your "Registration Information"); and
  • keep your Registration Information up to date.

No impersonation

You may not create an Account using false information, create an Account for someone else, or impersonate any person or entity (including students, parents, teachers, staff, administrators, or public figures).

Account security

You are responsible for all activity that occurs under your Account, including any activity by someone who gains access to your Account due to your failure to keep your credentials secure. You agree to:

  • keep your login credentials confidential;
  • not share access to your Account (except as expressly allowed below);
  • promptly notify us if you believe your Account has been compromised; and
  • log out of your Account when finished on shared devices.

One Account; duplicates

We may limit users to one Account (or one Account per person and/or per device) and may, in our discretion, treat multiple Accounts as a violation of these Terms. We may suspend, terminate, or consolidate duplicate Accounts, including merging associated data or content where appropriate.

Suspension/termination for inaccurate information or violations

If you provide information that is untrue, inaccurate, outdated, or incomplete, or if we reasonably suspect you have done so, we may suspend or terminate your Account and refuse current or future access to the Service. You may not create a new Account or access the Service if we have previously suspended or terminated your access, unless we agree otherwise in writing.

Legal eligibility

You represent that you are not prohibited from using the Service under U.S. law, the laws of your place of residence, or any other applicable jurisdiction.

2.3

Account Ownership

Your Account is provided to you to enable access to the Service. You do not own your Account. To the fullest extent permitted by law, Highchat LLC retains all rights in and to Accounts, including the right to manage, modify, suspend, or terminate Accounts in accordance with this Agreement.

2.4

Teen Users; Parent/Guardian Responsibility; No Under-13 Use

The Service is not directed to children under 13, and we do not knowingly permit children under 13 to create Accounts.

If you are a parent or legal guardian and you permit a Teen User to use the Service (including by allowing them to use your device), you agree that:

  • you are responsible for the Teen User's use of the Service to the extent permitted by applicable law; and
  • you will supervise the Teen User's use of the Service consistent with your family's preferences.

You are also agreeing to the dispute resolution terms in this Agreement (including any arbitration agreement and class action waiver, if applicable) to the extent permitted by law.

Important Information for Parents/Guardians. Highchat is a school-scoped, anonymous (or pseudonymous) community app organized around high schools. School Feeds are intended to be accessible only to users who verify a school-issued email address, but we do not guarantee that access will be limited to only current students or to users who are properly affiliated with a school community. Content on Highchat is user-generated "chatter" (including jokes, memes, opinions, gossip, rumors, and unverified information) and is not verified or endorsed by us. Content posted in Highchat is not private and may be visible to other users who have access to the relevant School Feed, and other users may copy, screenshot, record, or re-share Content outside the Service. "Anonymous" means other users generally may not see a Teen User's real-world identity, but it does not mean we cannot identify an account or that we will not access, preserve, or disclose information consistent with our Privacy Policy and applicable law (including to law enforcement, and in limited circumstances to appropriate school officials to address credible safety threats, emergencies, or illegal activity connected to a school community).

For teen safety rules (bullying, harassment, doxxing, threats, and reporting), see our Community Guidelines.

2.5

Devices, Connectivity, and Fees

You are responsible for obtaining and maintaining the devices, data plans, internet connection, and other equipment and services needed to access the Service. Your carrier's normal rates and fees may apply (including text/SMS and data charges). Highchat LLC is not responsible for these charges.

3. Responsibility for Content; Moderation; Storage

3.1

Types of Content; Your Responsibility

The Service may allow you and other users to create, post, upload, send, receive, and otherwise make available content and materials, including text, images, video, audio, links, reactions, messages, usernames, tags, and other materials (collectively, "Content").

"User Content" means all Content made available through the Service by users.

"Your Content" means User Content that you submit, post, upload, transmit, or otherwise make available through the Service.

You are responsible for Your Content. You understand and agree that you, and not Highchat LLC, are solely responsible for Your Content and for any consequences of posting or sharing it (including in a School Feed). Other users are similarly responsible for their User Content.

Highchat LLC is not responsible for user speech. To the fullest extent permitted by law, Highchat LLC does not control and is not responsible for User Content, including its accuracy, completeness, legality, reliability, or appropriateness. User Content may be offensive, harmful, inaccurate, misleading, or unlawful.

Anonymous-by-default does not remove responsibility. Even if the Service is designed to be anonymous (or pseudonymous), you remain responsible for Your Content and conduct, and you agree not to misuse anonymity to harm others or violate this Agreement. "Anonymous" means other users generally won't see your real-world identity; it does not mean we can't identify you or that we can't disclose information consistent with the Privacy Policy, safety needs, or legal process.

3.2

No Obligation to Pre-Screen; Moderation Rights; Monitoring; No Expectation of Privacy

No duty to monitor

We are not obligated to pre-screen, monitor, or review User Content. However, we may (and in some cases are legally required to) monitor, review, screen, and remove User Content, and we may do so at any time and for any reason, including to:

  • enforce this Agreement or our Community Guidelines;
  • protect the safety of users or others (especially in school communities);
  • respond to reports or complaints;
  • comply with law, legal process, or requests from law enforcement; or
  • prevent fraud, abuse, or security incidents.

Right to remove or restrict content and access

We may refuse to post, remove, disable access to, or restrict the visibility of any User Content (including Your Content), and we may suspend or terminate Accounts, in each case in our discretion and without notice, subject to applicable law.

Reports and investigations

Users may report Content or conduct. You understand that:

  • we may review reported Content, related metadata, and surrounding context for safety and enforcement purposes; and
  • we may take enforcement action based on our review, including removal, warnings, restrictions, or account suspension/termination.

No expectation of privacy in User Content

You understand that Content you post or send through the Service may be viewed by others in the relevant context (for example, users with access to a School Feed). You also understand that:

  • other users may capture, screenshot, record, or re-share Content outside the Service; and
  • Content that is reported to us may be reviewed by our personnel and service providers (subject to our Privacy Policy).

To the fullest extent permitted by law, you agree that you have no expectation of privacy in Content you submit through the Service, including Content that is reported, moderated, or otherwise reviewed for compliance and safety.

3.2.1

California Minors — Removal Requests

California Minors – Removal of Your Posted Content. If you are a California resident and under 18, and you are a registered user of the Services, you may request that we remove content or information you have publicly posted on the Services.

To request removal, email us at support@highchat.app with (i) your username and the school/community associated with your account (if applicable), (ii) a description of the content you want removed and where it appears in the app (screenshots or links help), and (iii) a statement that you are requesting removal under California Business and Professions Code § 22581.

We will make reasonable, good-faith efforts to remove the requested content from public view, but removal may not be complete. For example, content may have been reposted by others, copied, screenshotted, cached, or otherwise made available outside of Highchat, and we may need to retain certain information as required or permitted by law (including to address safety, security, or legal compliance).

3.3

Storage; Availability; Access Controls; No Guarantee

No guarantee of storage or availability

We do not guarantee that any Content will be available, retained, archived, or accessible. We may delete or remove Content at any time, and we are not responsible for any loss, deletion, or failure to store or transmit Content.

Access settings and audience

The Service may offer features that affect who can access certain Content (for example, limiting access to a School Feed to users who verify a Verified School Email). You are responsible for understanding and using any available access controls. If the Service provides a default audience or setting, that setting may not be the most restrictive option.

For details on what information is visible to others and what controls may be available, see our Privacy Policy and the in-app settings/help screens (if available).

Operational limits

We may impose reasonable limits on the creation, storage, processing, or transmission of Content (for example, rate limits, size limits, retention limits, or other constraints) in our discretion.

Service-wide distribution within Highchat

If the Service includes multiple surfaces or feeds (for example, different community areas or discovery features), you understand that Content you post in one part of the Service may be displayed or distributed in another part of the Service consistent with the product's functionality and your settings (if any), and as described in our Privacy Policy.

4. Ownership; User Content License; Feedback

4.1

Our Ownership of the Service

Except for User Content (including Your Content), Highchat LLC and its licensors own all rights, title, and interest in and to the Service, including all software, code, user interfaces, designs, graphics, logos, features, functions, content provided by us, and all related intellectual property and proprietary rights.

You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.

4.2

Trademarks

"Highchat," "Highchat LLC," and our logos, product names, and related designs are trademarks or service marks of Highchat LLC. You may not use them without our prior written permission, except as permitted by law.

Any third-party trademarks, service marks, and trade names that may appear in the Service are the property of their respective owners and are used for identification purposes only.

4.3

You Own Your Content (but you must have rights to post it)

You retain any ownership rights you may have in Your Content. We do not claim ownership of Your Content.

However, you represent and warrant that:

  • you own Your Content or have all necessary rights, licenses, consents, and permissions to submit it to the Service and to grant the licenses described in this Agreement; and
  • Your Content, and our use of it as permitted by this Agreement, will not violate any law or infringe or misappropriate any third-party rights (including intellectual property, privacy, or publicity rights).
4.4

License You Grant to Highchat LLC (User Content License)

To operate the Service, we need permission from you to host and display Your Content. Subject to any settings or product features that control visibility (if any), you grant Highchat LLC a worldwide, royalty-free, fully paid, non-exclusive, transferable, sublicensable license to host, store, cache, use, reproduce, transmit, distribute, publicly perform, publicly display, publish, translate, modify (for technical formatting only), adapt, and create derivative works of Your Content, solely as necessary to:

  • operate, provide, maintain, and improve the Service;
  • display Your Content to other users as you direct through your use of the Service (for example, posting in a School Feed);
  • enforce this Agreement and keep the Service safe (including reviewing, moderating, and investigating Content);
  • troubleshoot, debug, and protect the security and integrity of the Service; and
  • comply with applicable law and legal process.

Scope within Highchat

Because the Service may include multiple surfaces or feeds, Your Content may be displayed within the Service in the contexts consistent with the product's functionality (for example, within the relevant School Feed), subject to your settings (if any).

Duration of license

This license continues for as long as Your Content is hosted on the Service and for a reasonable period thereafter as needed for backup, archival, legal compliance, dispute resolution, or enforcement purposes, consistent with our retention practices.

You are responsible for what you post. You, not Highchat LLC, are responsible for Your Content and the consequences of making it available.

User sharing and screenshots

You understand that other users may view, share, repost, screenshot, record, or otherwise capture Your Content and may share it outside the Service. We cannot control what other users do with content they access, and we are not responsible for that conduct.

4.5

Feedback

If you submit ideas, suggestions, feature requests, bug reports, or other feedback about the Service ("Feedback"), you do so voluntarily and without expectation of payment or confidentiality.

You grant Highchat LLC a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free, fully paid license to use, reproduce, modify, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit the Feedback for any purpose, including to operate, improve, and market the Service, without any obligation to you.

You represent and warrant that you have the rights needed to submit the Feedback and to grant this license.

5. User Conduct and Prohibited Content

You may use the Service only for lawful, personal purposes and in compliance with this Agreement and any published community guidelines or safety rules (collectively, "Community Guidelines"). You are responsible for your conduct and Your Content.

5.1

General Rules

You agree that you will not (and will not attempt to, or assist or enable others to) use the Service to do any of the following:

Break the law or violate rights

Post, share, or otherwise make available Content or engage in conduct that violates any applicable law or regulation, or that infringes, misappropriates, or otherwise violates any person's rights (including copyright, trademark, privacy, publicity, or other proprietary rights).

Harass, bully, or target others

Post or engage in conduct that is threatening, abusive, harassing, hateful, discriminatory, stalking, predatory, or otherwise harmful, including bullying or targeted harassment based on protected characteristics or personal circumstances.

Defame or deceive

Post content that is defamatory or that you know is materially false or misleading in a way that is likely to cause harm, including fraudulent schemes or impersonation-based deception.

Invade privacy or doxx

Collect, share, or threaten to share private or personally identifying information about another person without their permission, including:

  • home address or precise location,
  • phone numbers, personal email addresses,
  • student IDs, schedules, locker combinations, license plates,
  • private photos/videos, or
  • any other information that could reasonably be used to identify, locate, contact, or harm someone ("Doxxing").

Exploit minors or sexualize minors (zero tolerance). Post, request, encourage, depict, or share any sexual content involving minors, or any content that exploits or endangers minors. This includes any images, videos, or text that depicts or describes sexual activity involving a minor, sexual solicitation, grooming behavior, or sexualized depictions of minors. We may report apparent child sexual exploitation to the appropriate authorities as required by law.

Threats and self-harm content

  • Do not post credible threats of violence, instructions or encouragement for violence, or content intended to incite violence or wrongdoing.
  • Do not encourage self-harm or suicide. If you see someone in danger, contact local emergency services. We may take steps to address safety concerns consistent with our policies and the law.

Obscenity and extreme graphic content

Post obscene content, or gratuitous or extreme graphic violence or gore. (We may allow limited, contextual content in narrowly defined circumstances, but we are not required to do so.)

Hate and extremist content

Post content that promotes, glorifies, or supports hatred, harassment, or violence against people based on protected characteristics, or that promotes extremist organizations or activities.

Spam, solicitation, and commercial activity

Use the Service for unauthorized advertising, promotion, solicitation, or commercial activity, including contests, sweepstakes, barter, referral schemes, multi-level marketing, or pyramid schemes—unless we expressly allow it in writing. You may not send junk or bulk messages, or otherwise spam users.

Impersonation

Impersonate any person or entity, or misrepresent your affiliation, including impersonating students, parents, teachers, staff, administrators, or Highchat LLC personnel.

Interfere with the Service or other users

Interfere with or disrupt the Service, compromise security, or attempt to bypass controls, including by:

  • hacking, probing, or testing vulnerabilities;
  • introducing malware, viruses, worms, or harmful code;
  • scraping, crawling, harvesting, or collecting data by automated means (except as permitted by the Agreement);
  • overloading, "flooding," "spamming," "mail bombing," or "crashing" the Service; or
  • interfering with other users' access or experience.

Evade enforcement

Attempt to avoid or circumvent moderation decisions, reporting systems, access controls (including Verified School Email requirements), or other enforcement actions, including by creating new accounts after being suspended or terminated.

Teen Audience Standard (13+)

Because Highchat is intended for teen school communities, content that is visible to other users must be appropriate for a 13+ audience. This means no pornography, no sexually explicit content, and no gratuitous gore or extreme graphic violence. (Your other prohibitions still apply.)

5.2

School-Specific Safety Expectations

Because Highchat is organized around high schools and is intended to support real-time community conversation, you agree that you will not use the Service to:

  • Coordinate or encourage wrongdoing at school (for example, cheating schemes, theft, vandalism, or violence).
  • Target a school community with harassment (including brigading, dogpiling, or mass reporting abuse).
  • Share school-issued credentials (including Verified School Email login links or other access methods) or help others improperly access a School Feed.

We may take additional steps to protect school communities, including limiting features, restricting posting, or temporarily pausing a School Feed.

5.3

Rumors, Unverified Information, and Responsibility

Highchat includes jokes, memes, gossip, and fast-moving posts that may be unverified. You agree that:

  • you will not present unverified information as fact in a way that is likely to cause harm;
  • you are responsible for your posts, even if made anonymously; and
  • you will not use the Service to spread knowingly false accusations, doxxing, or misinformation intended to harm someone's reputation or safety.
5.4

Community Guidelines

You agree to comply with any Community Guidelines we publish or make available in the Service, as updated from time to time. Community Guidelines are incorporated into this Agreement by reference.

6. Interactions With Other Users; Public Nature; Anonymity; No Advice

6.1

The Service Is Social and May Be Visible to Others

Highchat includes interactive features (such as School Feeds, comments, reactions, and other community features) that allow users to share Content and communicate with one another.

Not private communications

You understand that Content you post in the Service is not private, and may be visible to other users who have access to the relevant area of the Service (for example, users in a School Feed). Even where a feature is intended for a limited audience (such as a school community), Content may still be broadly visible within that audience, and users may copy or re-share Content outside the Service (including via screenshots or recordings).

User Content is user-generated

User Content reflects the views of the user who posted it. Highchat LLC does not control, endorse, verify, or guarantee User Content, and it is not responsible for User Content.

No reliance

Your use of or reliance on User Content is at your own risk. You should not rely on User Content as accurate, safe, or verified, including for school-related announcements, safety information, or allegations about others.

Removal rights

We may remove or restrict access to Content at any time and for any reason, but we are not obligated to remove Content you may find objectionable or offensive.

6.2

Anonymity; No Personal Information (Anti-Doxxing)

Highchat is intended to support anonymous or pseudonymous participation. To protect users—especially in school communities—you agree that you will not post, share, solicit, or threaten to share personal information about yourself or anyone else through the Service, including:

  • full legal name (first + last name) when it identifies a specific person,
  • home address, precise location, or location-tracking information,
  • phone number or personal email address,
  • social media handles/usernames or links that identify a person,
  • student ID numbers, schedules, or other school records,
  • photographs or videos that identify a person (or other identifying images), or
  • any other information that could reasonably identify, locate, contact, or harm someone.

This restriction does not prevent you from discussing public events or public figures in a general way, but it does prohibit identifying or attempting to identify specific individuals within a school community. Additionally, the restriction applies to User Content visible to other users (posts/comments/messages), not information submitted to Highchat for verification/account administration.

We may remove Content that violates this section and may suspend or terminate Accounts for violations.

6.3

Your Interactions With Others; Disputes

You are solely responsible for your interactions with other users and any other parties you interact with through the Service. Highchat LLC does not have an obligation to become involved in disputes between users, but we may do so in our discretion (including by taking moderation or enforcement actions).

Be cautious. We encourage you to use good judgment and be respectful when interacting with others. Do not meet in person or share contact information with someone you do not know or trust. If you believe you or someone else is in danger, contact local emergency services.

To the fullest extent permitted by law, Highchat LLC is not liable for claims, injuries, damages, losses, or disputes arising out of or related to your interactions with other users or third parties.

6.4

No Professional Advice; Not Official School Information

User Content and any information made available through the Service is provided for general information and entertainment purposes and is not professional advice. Highchat LLC does not provide legal, medical, mental health, financial, or other professional services through the Service.

Not official school communications. Highchat is not an official channel for any school. The Service is not a substitute for official school announcements, emergency alerts, or guidance from school staff, administrators, counselors, or other professionals. Any reliance on Content is at your own risk.

7. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Highchat LLC and its parent companies, subsidiaries, affiliates, and each of their respective officers, directors, employees, contractors, agents, partners, suppliers, and licensors (collectively, the "Highchat LLC Parties") from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:

  • Your Content (including any allegation that Your Content infringes, misappropriates, or violates any intellectual property, privacy, publicity, or other rights of a third party);
  • your access to or use of the Service in violation of this Agreement or applicable law;
  • your interactions with other users or any harm you cause to others through the Service; or
  • your violation of any rights of another person or entity or any law, rule, or regulation.

Control of defense

Highchat LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations). In that case, you agree to cooperate with Highchat LLC in the defense of the claim and not to settle any such claim without Highchat LLC's prior written consent, which will not be unreasonably withheld.

Limitations (consumer protection)

This Section does not require you to indemnify any Highchat LLC Party to the extent a claim is caused by that party's fraud, intentional misconduct, or knowing violation of law, or for any liability that cannot be disclaimed, limited, or shifted under applicable consumer protection law.

Survival

This Section survives any termination of your Account, the Agreement, or your access to the Service.

8. Disclaimer of Warranties; No Liability for Third Parties; Third-Party Materials

8.1

Service Provided "As Is" and "As Available"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANY NON-WAIVABLE RIGHTS YOU MAY HAVE, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HIGHCHAT LLC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HIGHCHAT LLC DOES NOT WARRANT THAT:

  • THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • CONTENT (INCLUDING USER CONTENT) WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR VERIFIED; OR
  • ANY DEFECTS OR ERRORS WILL BE CORRECTED.

No warranties created by statements

No advice or information, whether oral or written, obtained from Highchat LLC or through the Service creates any warranty not expressly stated in this Agreement.

User content and "chatter" disclaimer (Highchat-specific)

You understand that Highchat includes jokes, memes, gossip, rumors, and other fast-moving posts that may be unverified or false. Highchat LLC does not verify User Content and does not warrant that any Content is accurate or appropriate. You should not rely on Content for decisions about safety, health, legal matters, school discipline, or any other important matter.

Beta features

From time to time, we may offer features labeled "beta," "experimental," "preview," or similar ("Beta Features"). Beta Features are provided for testing and evaluation purposes and may be modified, limited, or discontinued at any time. To the fullest extent permitted by applicable law, Beta Features are provided without warranties of any kind, and this Section applies in full to Beta Features.

8.2

No Liability for Conduct of Third Parties (Including Other Users)

YOU ACKNOWLEDGE AND AGREE THAT THE HIGHCHAT LLC PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF THIRD-PARTY WEBSITES OR SERVICES. YOU AGREE NOT TO SEEK TO HOLD THE HIGHCHAT LLC PARTIES LIABLE FOR ANY CLAIMS, INJURIES, LOSSES, OR DAMAGES ARISING FROM SUCH THIRD-PARTY CONDUCT. YOUR INTERACTIONS WITH OTHER USERS AND THIRD PARTIES ARE AT YOUR OWN RISK.

8.3

Third-Party Materials and Links

The Service may include or make available access to third-party content, services, or links (collectively, "Third-Party Materials"). Highchat LLC does not control, endorse, or assume responsibility for Third-Party Materials. Because we cannot monitor Third-Party Materials in all cases, you access and use Third-Party Materials at your own risk.

8.4

Statutory Rights; Jurisdictional Limitations

Some jurisdictions do not allow certain warranty disclaimers or limitations. To the extent a disclaimer or limitation in this Agreement is prohibited by applicable law, it will not apply to you, and the disclaimer or limitation will apply to the maximum extent permitted. Nothing in this Agreement is intended to exclude or limit any rights or remedies that cannot be excluded or limited under applicable law.

9. Limitation of Liability

9.1

Disclaimer of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE HIGHCHAT LLC PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, OR FOR DAMAGES OR COSTS DUE TO BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR YOUR COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OR THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIGHCHAT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This limitation does not apply to liability that cannot be excluded under applicable law, including:

  • death or personal injury caused by Highchat LLC's negligence (where applicable);
  • fraud or fraudulent misrepresentation; or
  • any other liability that applicable law does not permit us to exclude or limit.
9.2

Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE HIGHCHAT LLC PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU PAID (IF ANY) TO HIGHCHAT LLC FOR ACCESS TO THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Because the Service is currently provided with no fees, the parties agree that the liability cap is an important part of the allocation of risk.

This cap does not apply to liability that cannot be limited under applicable law, including:

  • death or personal injury caused by Highchat LLC's gross negligence or willful misconduct (where applicable);
  • fraud or fraudulent misrepresentation; or
  • any other liability that applicable law does not permit us to limit.
9.3

User Content; Communications; Data Handling

EXCEPT FOR OUR OBLIGATIONS (IF ANY) REGARDING PERSONAL INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HIGHCHAT LLC PARTIES HAVE NO LIABILITY FOR:

  • THE DELETION, LOSS, CORRUPTION, MIS-DELIVERY, OR FAILURE TO STORE OR TRANSMIT ANY CONTENT (INCLUDING YOUR CONTENT OR OTHER USER CONTENT);
  • THE TIMELINESS, ACCURACY, OR AVAILABILITY OF ANY CONTENT; OR
  • ANY USER COMMUNICATIONS OR INTERACTIONS THROUGH THE SERVICE.
9.4

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. If those laws apply to you, some or all of the exclusions or limitations in this Section may not apply, and you may have additional rights.

9.5

Basis of the Bargain

You acknowledge and agree that the limitations of liability in this Section are a fundamental part of the bargain between you and Highchat LLC and that, without these limitations, Highchat LLC would not be able to provide the Service on the same terms.

10. Copyright Complaints (DMCA)

Highchat LLC respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"), and we may remove or disable access to allegedly infringing content. We may also terminate accounts of users who are repeat infringers in appropriate circumstances.

10.1

How to Submit a DMCA Notice

If you believe that material on the Service infringes your copyright, please send a written notice to our DMCA Agent that includes all of the following information (as required by 17 U.S.C. § 512(c)(3)):

  1. Your signature (physical or electronic) of the copyright owner or a person authorized to act on their behalf.
  2. Identification of the copyrighted work you claim has been infringed (or, if multiple works are covered by a single notice, a representative list).
  3. Identification of the allegedly infringing material and information reasonably sufficient for us to locate it in the Service (for example, the username, the School Feed, the post text, date/time, screenshots, and any URL or unique post identifier if available).
  4. Your contact information, including your name, mailing address, telephone number, and email address.
  5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
  6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
10.2

DMCA Counter-Notification (If Content Was Removed)

If we remove or disable access to content in response to a DMCA notice, and you believe the content was removed by mistake or misidentification, you may submit a counter-notification to our DMCA Agent. Your counter-notification must include (as required by 17 U.S.C. § 512(g)(3)):

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or disabled and the location where it appeared before it was removed or disabled.
  3. A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
  4. Your name, mailing address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if you are outside the United States, for any judicial district in which Highchat LLC may be found), and that you will accept service of process from the person who provided the original DMCA notice (or their agent).

If we receive a valid counter-notification, we may send it to the original complaining party. Unless the copyright owner files an action seeking a court order against you within the time period required by the DMCA, we may restore the removed content.

10.3

Repeat Infringers

It is Highchat LLC's policy, in appropriate circumstances and at our discretion, to terminate accounts of users who repeatedly infringe copyrights or other intellectual property rights.

10.4

Where to Send DMCA Notices

Please send DMCA notices and counter-notifications to our DMCA Agent at:

DMCA Agent

Mail: Highchat LLC, Attn: DMCA Agent / Copyright Complaints, 1621 CENTRAL AVE #59708 CHEYENNE, WY 82001, UNITED STATES OF AMERICA

10.5

Misrepresentations

Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing (or was removed by mistake) may be liable for damages, including costs and attorneys' fees.

11. Monitoring, Moderation, and Enforcement

Highchat LLC reserves the right (but does not undertake an obligation) to monitor, moderate, and enforce this Agreement and our Community Guidelines to help keep Highchat safe—especially because the Service is organized around high schools and may involve Teen Users.

11.1

Our Enforcement Rights

We may, at any time and in our sole discretion, and subject to applicable law:

Remove or refuse to post Content

Remove, delete, restrict, disable access to, reduce visibility of, or refuse to post any User Content (including Your Content) for any reason or no reason, including if we believe it violates this Agreement, our Community Guidelines, applicable law, or could harm users or create risk or liability for Highchat LLC.

Take action regarding Accounts and access

Suspend, terminate, restrict, or otherwise limit your access to all or part of the Service (including a specific School Feed) for any reason or no reason, including for violations of this Agreement, suspected abuse, or safety concerns.

Investigate suspected violations

Investigate suspected violations of this Agreement, including reviewing Content, account activity, and related information as described in our Privacy Policy.

Take legal action and cooperate with authorities

Take appropriate legal action, including reporting suspected illegal activity to law enforcement or other authorities, and cooperating with investigations.

Implement integrity and safety controls

Use automated and manual tools to detect, prevent, and address spam, harassment, threats, doxxing, exploitation, and other misuse (including rate limits, device or IP-based controls, content filters, and other safety mechanisms).

11.2

Disclosure of Information

To the extent permitted by applicable law and consistent with our Privacy Policy, we may access, preserve, and disclose information (including Your Content, account information, and related records) if we believe in good faith that doing so is reasonably necessary to:

  • comply with applicable law, regulation, legal process, or a governmental request;
  • enforce this Agreement or our Community Guidelines;
  • respond to claims that Content violates the rights of third parties (including intellectual property, privacy, or safety claims);
  • provide customer support; or
  • protect the rights, property, or safety of Highchat LLC, our users (including school communities), or the public.
11.3

No Duty to Monitor

We are not obligated to monitor the Service for violations, and we do not guarantee that all violations will be identified or addressed. We may enforce (or decline to enforce) this Agreement in our discretion.

Disclosures to School Officials (Limited; Safety/Emergencies)

We are not a school and do not act on behalf of any school. However, to the extent permitted by applicable law and consistent with our Privacy Policy, we may disclose limited information (which may include account identifiers, content, and contact information) to appropriate officials of a school community (for example, school administrators or safety personnel) only when we, in good faith, believe the disclosure is reasonably necessary to: (a) address an imminent or credible threat to the safety of a person or the public; (b) respond to an emergency involving potential harm; (c) address serious illegal activity connected to a school community; or (d) comply with law or valid legal process. Where feasible, we may limit the information disclosed to what we reasonably believe is necessary for the relevant purpose, and we may require legal process before disclosing information in non-emergency situations. We do not promise to monitor for or report any particular content to schools.

12. Term and Termination

12.1

Term

This Agreement starts when you first accept it (for example, by creating an Account, clicking "I Accept," downloading or using the App, or otherwise accessing or using the Service) and continues until it is terminated as described below.

12.2

Termination or Suspension by Highchat LLC

Highchat LLC may suspend, restrict, or terminate your access to the Service (including any School Feed) at any time, with or without notice, and for any reason or no reason, including if we believe you have:

  • violated this Agreement or our Community Guidelines;
  • created risk, harm, or potential legal exposure for Highchat LLC, our users, or the public; or
  • engaged in behavior that undermines the safety or integrity of school communities (including misuse of Verified School Email access).

To the fullest extent permitted by law, you agree that Highchat LLC will not be liable to you or any third party for any suspension or termination of your Account or access to the Service.

12.3

Termination by You; Account Deactivation

You may stop using the Service at any time. If the Service provides an in-app method to deactivate or delete your Account, you may use that method. If not, you may request Account closure by contacting us at:

Account Closure

We may ask you to verify your identity or Account ownership before processing certain requests.

12.4

Effect of Termination; Content Removal and Retention

Upon termination or suspension:

  • your right to access and use the Service will immediately cease (or be limited as applicable); and
  • we may remove your access to any School Feed and other features.

Content and data

Termination may result in deletion or anonymization of Content and other Account-related data from our active systems. However, you understand and agree that:

  • we may retain certain information and Content for a reasonable period where necessary for legal compliance, security, fraud prevention, safety investigations, dispute resolution, or enforcement, consistent with our Privacy Policy and retention practices; and
  • other users may have copied or retained your Content (for example, via screenshots), and we cannot control or delete copies held by others.

To the fullest extent permitted by law, Highchat LLC will not be liable for any deletion, loss, or failure to store Content or Account information resulting from termination or suspension.

Survival

Provisions that by their nature should survive termination will survive, including Sections relating to ownership, user content licenses, indemnification, disclaimers, limitations of liability, dispute resolution, and any other provisions intended to survive.

12.5

No Re-Registration After Termination

If your Account or access to the Service is suspended or terminated (including for violations of this Agreement or inappropriate conduct), you agree that you will not attempt to create a new Account or access the Service again without our permission, including by using a different email address, phone number, device, or other identifiers.

We may use available technical measures to enforce this restriction and to prevent repeat misuse.

13. International Users

Highchat is controlled and operated by Highchat LLC from the United States. The Service may be accessible from countries outside the United States, but we make no representation that the Service is appropriate, available, or lawful for use in every location.

If you access or use the Service from outside the United States, you do so on your own initiative and you are responsible for:

  • complying with all applicable local laws, rules, and regulations; and
  • ensuring that your access and use of the Service (including posting or viewing User Content) is permitted where you live.

The Service may reference features, functionality, or Content that are not available in your country, and any such references do not mean we intend to offer those features or Content in your country.

14. Arbitration Agreement (U.S. Residents Only)

If you live in the United States, please read this Section carefully. It affects your legal rights. It includes (1) a requirement that many disputes be resolved by binding arbitration instead of in court and (2) a waiver of class actions.

This Section applies only to U.S. residents and only if you do not opt out as described in Section 14.10.

14.1

Scope; "Dispute" Definition; Exceptions

Agreement to arbitrate

Subject to the exceptions below, you and Highchat LLC agree that any dispute, claim, or controversy arising out of or relating to: (a) your access to or use of the Service; (b) any communications you receive from us; (c) this Agreement (including its formation, performance, breach, termination, enforcement, interpretation, or validity); or (d) prior versions of this Agreement (collectively, a "Dispute") will be resolved by final and binding arbitration, not in court. Additionally, Arbitration will be conducted in English.

Disputes covered

"Dispute" includes claims based in contract, tort (including negligence), statute, fraud, misrepresentation, or any other legal theory, and includes claims that arose before you accepted this Agreement and claims that arise after termination of this Agreement.

Sexual Assault or Sexual Harassment Disputes

Notwithstanding anything to the contrary in this Agreement, to the extent a dispute constitutes a "sexual assault dispute" or "sexual harassment dispute" as defined by applicable law, including the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, the arbitration agreement in this section will not apply to that dispute unless the person bringing the claim elects arbitration. Nothing in this Agreement prevents a claimant from choosing to bring such a dispute in court if permitted by law.

Exceptions

The following are not required to be arbitrated:

  • Small claims court. You or Highchat LLC may bring an individual claim in small claims court if it qualifies and remains in small claims court.
  • Intellectual property / misuse claims. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for alleged infringement or misuse of intellectual property rights (for example, copyrights, trademarks, trade dress, domain names, trade secrets, or patents).
  • Public injunctive relief where not arbitrable. If applicable law does not allow a claim for "public injunctive relief" to be resolved in arbitration (for example, under certain California laws), then that specific claim may be brought in court as described in Section 14.4 (and the remainder of the Dispute will proceed in arbitration to the fullest extent permitted).
14.2

Informal Dispute Resolution (Required Before Arbitration)

We want to try to resolve disputes informally when possible.

Required informal process

Before either party starts arbitration (or files in small claims court), the party must send the other party a written notice of the Dispute ("Notice of Dispute") and participate in a good-faith, individualized meet-and-confer by phone or video conference ("Informal Dispute Resolution Conference").

How to send a Notice of Dispute to Highchat LLC

You must send the Notice of Dispute to:

Notice of Dispute

Mail: Highchat LLC, Attn: Legal—Notice of Dispute, 1621 CENTRAL AVE #59708 CHEYENNE, WY 82001, UNITED STATES OF AMERICA

Your Notice of Dispute must include: (1) your full name; (2) the email and/or phone number associated with your Account (if any); (3) your mailing address; (4) a brief description of the Dispute; and (5) the specific relief you are seeking.

Timing

The Informal Dispute Resolution Conference will occur within 45 days after the receiving party gets the Notice of Dispute, unless the parties agree to an extension. If the receiving party does not respond or participate in good faith, or if the conference does not occur within the timeframe above, the initiating party will be deemed to have satisfied this requirement.

Individualized process

Each Notice of Dispute and Informal Dispute Resolution Conference must be individualized. Multiple users cannot participate in the same conference unless all parties agree.

Condition precedent; tolling

Completion of the Informal Dispute Resolution process is a condition precedent to starting arbitration (unless you are filing a qualifying claim in small claims court). Any applicable statute of limitations and filing deadlines will be tolled while the parties complete the Informal Dispute Resolution process.

14.3

Waiver of Jury Trial

YOU AND HIGHCHAT LLC WAIVE ANY RIGHT TO A JURY TRIAL. IF A DISPUTE IS NOT SUBJECT TO ARBITRATION AND PROCEEDS IN COURT, IT WILL BE DECIDED BY A JUDGE (NOT A JURY) TO THE FULLEST EXTENT PERMITTED BY LAW.

14.4

Waiver of Class Actions and Other Non-Individual Relief

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HIGHCHAT LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

No class arbitration

To the fullest extent permitted by law, Disputes must be arbitrated only on an individual basis. The arbitrator may award relief only to the individual party and only to the extent necessary to resolve that party's individual claim.

Public injunctive relief carveout (where required)

If a court of competent jurisdiction determines that, under applicable law, a request for "public injunctive relief" may not be waived or may not be decided in arbitration, then that specific request (and only that request) will be severed and may proceed in court. The parties agree that any such court proceeding will be brought in the courts specified in the "Governing Law and Venue" section of this Agreement (or, if that section is inapplicable, in a court of competent jurisdiction).

If a court determines that the class action waiver is unenforceable for a particular claim, then that claim will proceed in court and not in arbitration.

14.5

Arbitration Rules; Forum; Starting Arbitration

Governing law

This Agreement involves interstate commerce, and the Federal Arbitration Act (FAA) governs the interpretation and enforcement of this Arbitration Agreement.

Administrator and rules

Unless the parties agree otherwise, arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect and, if applicable, the AAA's Mass Arbitration Supplementary Rules then in effect, except as modified by this Arbitration Agreement.

If the AAA will not administer the arbitration for any reason (including if it determines the arbitration clause does not comply with the AAA's consumer due process standards), the parties will try in good faith to select an alternative administrator (such as JAMS) with substantially similar consumer rules. If the parties cannot agree, a court of competent jurisdiction may appoint an arbitrator under the FAA.

Clause registration

If required by the administrator's rules, Highchat LLC will register this arbitration clause with the administrator's consumer clause registry and pay any required review/registration fees. If the administrator declines to administer an arbitration for reasons related to clause registration or administrative compliance, the parties will cooperate in good faith to cure the issue (if curable). If the administrator still declines, the parties will select an alternative administrator (such as JAMS) with substantially similar consumer rules.

Where arbitration takes place

Unless the parties agree otherwise, the arbitration will be conducted:

  • in the county (or parish) where you reside, or
  • remotely by video or telephone, where permitted by the administrator's rules and/or ordered by the arbitrator (especially for smaller claims).

How to start arbitration

A party initiating arbitration must send the other party and the administrator a written demand or request for arbitration ("Arbitration Demand") that includes:

  • the initiating party's name and contact information (and Account identifier(s), if any);
  • a description of the Dispute and the legal claims asserted;
  • the relief requested and a good-faith estimate of the amount in controversy; and
  • confirmation that the Informal Dispute Resolution process in Section 14.2 has been completed.

If you are represented by counsel, your Arbitration Demand should include counsel's contact information and be signed by counsel where required by the administrator's rules.

14.6

Arbitrator

The arbitrator will be a neutral individual selected in accordance with the administrator's rules, typically from a roster of consumer arbitrators. The arbitrator will be a lawyer or retired judge with experience in consumer disputes, unless the administrator's rules require otherwise.

14.7

Arbitrator's Authority

Except as provided below, the arbitrator has the authority to decide all issues of arbitrability and all issues relating to the Dispute, including the interpretation and enforcement of this Arbitration Agreement.

Court-decided issues (limited)

The following issues will be decided by a court of competent jurisdiction (not an arbitrator), to the extent permitted by law:

  • the enforceability of the class action waiver in Section 14.4; and
  • whether a claim for public injunctive relief must proceed in court under applicable law (as addressed in Section 14.4).

The arbitrator may grant any relief that would be available in court to the extent permitted by law and consistent with this Agreement, but only on an individualized basis.

Written decision

The arbitrator will issue a written decision explaining the essential findings and conclusions.

Finality

The arbitrator's award is final and binding, and judgment on the award may be entered in any court with jurisdiction.

14.8

Fees, Costs, and Attorneys' Fees

Filing and administrative fees

Payment of arbitration fees will be governed by the administrator's applicable rules and fee schedules. To the extent required by the administrator's consumer rules, Highchat LLC will pay the administrator's and arbitrator's fees beyond the consumer filing fee (if any). Each party is responsible for its own attorneys' fees and costs unless:

  • applicable law allows a prevailing party to recover attorneys' fees and costs; or
  • the arbitrator awards fees/costs as permitted by applicable law.

Frivolous or improper claims

The administrator and/or arbitrator may allocate fees and costs as allowed under applicable law and the administrator's rules, including for claims brought for an improper purpose or that are frivolous.

Consumer costs

To the extent required by the administrator's consumer rules, your filing fee will be limited to the amount set by the applicable consumer fee schedule, and Highchat LLC will pay the remaining administrator and arbitrator fees.

14.9

Batch / Mass Arbitration (If Many Similar Claims Are Filed)

To improve efficiency and reduce administrative burden, if multiple similar Arbitration Demands are filed against Highchat LLC and are determined to be part of a "mass arbitration" under the administrator's applicable mass arbitration rules (or if the parties otherwise agree that batching is appropriate), the parties agree that:

  • the administrator may administer the matters using batching or other procedures permitted by its mass arbitration rules;
  • each batch may proceed with streamlined procedures, including coordinated scheduling and limited, reasonable information exchange; and
  • nothing in this Section authorizes a class arbitration or changes the requirement that each claimant's Dispute is individual.

If there is a disagreement about whether the mass arbitration/batching process applies, the administrator may resolve that issue under its rules, or a court of competent jurisdiction may resolve it if required by applicable law.

14.10

30-Day Right to Opt Out

You may opt out of this Arbitration Agreement by sending Highchat LLC a written opt-out notice within 30 days of the date you first accept this Agreement (or first become subject to this Arbitration Agreement, if later).

Your opt-out notice must include:

  • your name,
  • your mailing address,
  • the email and/or phone number associated with your Account (if any), and
  • a clear statement that you want to opt out of the "Arbitration Agreement."

You must send your opt-out notice to:

Arbitration Opt-Out

Email: support@highchat.app with the subject line "Arbitration Opt-Out"

Mail: Highchat LLC, Attn: Legal—Arbitration Opt-Out, 1621 CENTRAL AVE #59708 CHEYENNE, WY 82001, UNITED STATES OF AMERICA

If you opt out, Sections of the Agreement other than arbitration will still apply to you.

14.11

Severability; Time Limits

Except as specifically provided in Section 14.4 regarding class/public injunctive relief issues, if any portion of this Arbitration Agreement is found to be invalid or unenforceable, that portion will be severed and the remainder will remain in effect.

Any arbitration must be filed within the applicable statute of limitations. The same statutes of limitation that would apply in court apply in arbitration. This Arbitration Agreement survives termination.

14.12

Changes to This Arbitration Agreement

If we make a material change to this Arbitration Agreement, we will provide notice as required by law. Unless prohibited by applicable law, any such change will apply prospectively only and will not apply to Disputes that arose before the effective date of the change.

If you validly opted out of arbitration, we will honor your opt-out.

15. Third-Party Distribution Channels (App Stores)

15.1

App Stores Generally

Highchat may be made available through third-party distribution platforms such as the Apple App Store and Google Play (each, an "App Store").

Agreement is with us, not the App Store

This Agreement is between you and Highchat LLC, not the App Store. The App Store is not responsible for the Service or the content available through it.

We are responsible for the Service

Highchat LLC (not the App Store) is responsible for providing the Service, including the App, and for maintenance and support (if any) to the extent required by applicable law or as we choose to provide it.

App Store terms also apply

Your use of the App is subject to (and your license to use the App is conditioned on your compliance with) the applicable App Store terms and usage rules. If this Agreement conflicts with the App Store's applicable terms, the App Store's terms control only as to the conflict.

Network and carrier charges

You are responsible for any carrier or network charges incurred from downloading or using the App (including data and SMS charges).

App Store fees

If any App Store charges fees in connection with your download or use of the App, you are responsible for those fees. (Currently, Highchat is offered without an access fee by Highchat LLC, but your App Store or carrier may still impose charges.)

15.2

Apple App Store Additional Terms (iOS)

This Section applies if you download the App from the Apple App Store (an "Apple-Sourced App"):

Apple is not a party

You acknowledge that this Agreement is between you and Highchat LLC only, and not with Apple. Apple is not responsible for the Apple-Sourced App or its content.

Usage rules

Your use of the Apple-Sourced App must comply with Apple's App Store terms and any applicable "Usage Rules."

Maintenance and support

Apple has no obligation to provide maintenance or support services with respect to the Apple-Sourced App.

Warranty handling

To the extent any warranty exists that cannot be disclaimed under applicable law, and the Apple-Sourced App fails to conform to that warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the Apple-Sourced App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Apple-Sourced App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty are Highchat LLC's responsibility, not Apple's, to the extent required by applicable law.

Claims

You and Highchat LLC acknowledge that Apple is not responsible for addressing any claims you have relating to the Apple-Sourced App or your possession and/or use of it, including: (a) product liability claims; (b) claims that the Apple-Sourced App fails to conform to legal or regulatory requirements; and (c) claims arising under consumer protection or similar laws.

IP claims

In the event of any third-party claim that the Apple-Sourced App or your possession and use of it infringes a third party's intellectual property rights, Highchat LLC (not Apple) is responsible for the investigation, defense, settlement, and discharge of that claim, to the extent required by this Agreement.

Third-party beneficiary

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced App, and that, upon your acceptance of this Agreement, Apple will have the right to enforce this Agreement against you as a third-party beneficiary.

15.3

Google Play Additional Terms (Android)

If you download the App from Google Play (a "Google Play-Sourced App"), you agree to comply with Google Play's applicable terms and policies. Google is not a party to this Agreement and is not responsible for the Service.

16. General Provisions

16.1

Governing Law

Except where prohibited by applicable law (including consumer protection laws), any Dispute and any claim or request for relief arising out of or relating to this Agreement or the Service will be governed by the laws of the State of California and, where applicable, the Federal Arbitration Act, without regard to conflict-of-law principles that would require the application of another jurisdiction's laws.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

International consumer rights. If you reside in a jurisdiction that provides mandatory consumer rights (including the European Economic Area or the United Kingdom), you may have additional rights under the mandatory laws of your country of residence, and nothing in this Agreement is intended to limit those non-waivable rights.

16.2

Venue (When Court Is Allowed)

To the extent a Dispute is permitted to be filed in court (for example, in small claims court, for certain IP claims, or for any claim that is not subject to arbitration), you and Highchat LLC agree that the Dispute will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you and Highchat LLC consent to personal jurisdiction in those courts.

Exception for mandatory consumer rights. If you reside in a jurisdiction that gives you a non-waivable right to bring claims in your local courts, this Section does not limit that right.

16.3

Electronic Communications; E-Sign Consent

You consent to receive communications from Highchat LLC electronically (for example, via email, in-app messages, or push notifications). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

This Section does not affect any rights you may have under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) or other applicable laws regarding electronic records and signatures.

16.4

Assignment

You may not assign, transfer, delegate, or sublicense this Agreement or any of your rights or obligations under it without our prior written consent, and any attempted assignment in violation of this Section is void.

Highchat LLC may assign this Agreement (in whole or in part) without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

16.5

No Third-Party Beneficiaries

Except as expressly stated in this Agreement (for example, App Store third-party beneficiary rights in Section 15.2), this Agreement is solely between you and Highchat LLC, and no other person or entity has any rights or obligations under it.

16.6

Force Majeure

Highchat LLC will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics or public health emergencies, war, terrorism, riots, civil disturbances, government actions, embargoes, labor disputes, fire, flood, power outages, internet or telecommunications failures, or shortages of transportation, fuel, energy, labor, or materials.

16.7

Questions, Complaints, and Support Contact

If you have questions, complaints, or claims about the Service, you can contact us at:

Contact Us

Legal Notices: support@highchat.app

Mail: Highchat LLC, 1621 CENTRAL AVE #59708 CHEYENNE, WY 82001, UNITED STATES OF AMERICA

We will try to address your concerns, but we do not guarantee any particular response time or outcome.

16.8

Language

The parties agree that this Agreement and any related notices or communications will be written in English.

16.9

Notices

Notices from us to you

We may provide notices to you by email (including to the email associated with your Account), in-app messages, push notifications, or by posting notices in the Service. You are responsible for keeping your contact information current. If an email is returned as undeliverable, we may still consider notice effective if we provided it through another reasonable method (such as in-app notice) or if the email was sent to the last email address you provided.

Notices from you to us

Unless a specific Section provides a different notice method (for example, arbitration opt-out), you may send legal notices to Highchat LLC at:

Highchat LLC, Attn: Legal Notices, 1621 CENTRAL AVE #59708 CHEYENNE, WY 82001, UNITED STATES OF AMERICA

Notices will be deemed given when received by Highchat LLC.

16.10

No Waiver

Our failure to enforce any provision of this Agreement is not a waiver of our right to enforce it later. Any waiver must be in writing and signed by Highchat LLC to be effective.

16.11

Severability

If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.

16.12

Export Controls

You may not use, export, re-export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction where you obtained the Service, and any other applicable laws and regulations. In particular, the Service may not be exported or re-exported:

  • to any country or region subject to comprehensive U.S. embargoes; or
  • to any person or entity on U.S. government restricted-party lists (including the U.S. Treasury Department's Specially Designated Nationals list and the U.S. Department of Commerce's Denied Persons or Entity Lists).

You represent that you are not located in, and will not access the Service from, any restricted location and that you are not a restricted party. You also agree not to use the Service for any purpose prohibited by U.S. law.

16.13

California Consumer Complaints (If Applicable)

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:

Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834

Phone: (800) 952-5210

16.14

Entire Agreement

This Agreement (including any incorporated policies, such as the Privacy Policy and Community Guidelines) is the entire agreement between you and Highchat LLC regarding the Service and supersedes all prior or contemporaneous agreements, communications, and proposals (whether oral or written) relating to the Service.

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