Terms of Service
Last Updated: February 3rd, 2025[1]
General Provisions – All Users
These Terms of Service (“these Terms”), which may be amended from time to time, set out the contractual relationship between you and Lenged Inc. (the “Company” or “we”/“us”) and establish the conditions for your access to and use of this Platform and related services, applications, products, and content collectively referred to as “the Services.” We provide the Services for personal, non-commercial purposes. In these Terms, “you” refers to a user of the Services who agrees to these Terms.
This Platform includes the Chelly mobile software application (“Chelly APP”), the official Chelly website (“Chelly Web”), other forms of Chelly services now existing or later developed, related Software Development Kits (“SDKs”), and Application Programming Interfaces (“APIs”). You may access this Platform and receive the Services by pre-installed software applications on your device, by downloading them from third-party platforms approved by us, or by accessing Chelly Web through third-party websites and software applications.
The version of this Platform may differ depending on your jurisdiction or the device you use. All or parts of the Services may not be available to you depending on your jurisdiction, device, or language setting. You must obtain, download, and install the appropriate version of the Platform based on the conditions in your jurisdiction and device. We do not endorse or take responsibility for any unofficial versions of Chelly obtained through other platforms or websites, and we shall not be liable for any losses you incur as a result; such losses are solely your responsibility.
These Terms constitute a legally binding agreement between you and us. Please read them carefully and allow sufficient time to review.
By accessing or using the Services, you enter into a binding agreement with the Company, confirm that you accept these Terms (including any additional provisions attached to these Terms) as well as (if applicable) our Privacy Policy and Community Guidelines, and agree to comply with them. This can be confirmed directly on the Platform, where the Platform is downloadable, or in the relevant app store on your mobile device. Additionally, when you access or use certain or new features of the Platform or the Services, or where you access or use certain content for commercial purposes (where allowed), additional terms and policies may apply to you. Such additional terms and policies form a part of these Terms.
The Services are only intended for individuals who are at least 14 years of age. Furthermore, if you are under the age of 19 or the age of majority in the jurisdiction where you reside, you may only access or use the Services if your parent or legal guardian agrees to these Terms. Therefore, please review and discuss these Terms with your parent or legal guardian.
If you are accessing or using the Services on behalf of a company or organization, then (a) “you” includes both you and that entity, (b) you represent and warrant that you have the authority to bind that entity to these Terms, and you are accepting these Terms on behalf of that entity, and (c) your company or organization is legally and financially responsible for your access or use of the Services, as well as for any other individuals’ access or use of your account, whether or not affiliated with your company or organization (such as employees, agents, or contractors).
By accessing or using the Services, you agree to these Terms. You understand and agree that your future access to or use of the Services will be deemed acceptance of these Terms. If you do not wish to be bound by these Terms, please stop accessing and using the Platform and the Services.
You should print or save a copy of these Terms for your records.
If you access or use the Services in a jurisdiction where separate additional terms apply, you agree to the “Additional Terms – Jurisdiction-Specific Provisions” that are set forth below for users in each applicable jurisdiction. If there is any conflict between the jurisdiction-specific provisions and the remainder of these Terms, the jurisdiction-specific provisions shall prevail with respect to your use in that jurisdiction.
4. Changes to the Terms
We may amend these Terms from time to time to reflect changes in applicable laws, regulations, standards, industry rules, or similar legal developments, or to reflect changes, updates, or new features of the Platform and/or Services. If we make significant changes to these Terms, we will use commercially reasonable efforts to notify you, for example, by posting a notice on the Platform. However, you are responsible for periodically reviewing these Terms to check for updates.
We will update the “Last Updated” date at the top of these Terms to reflect the effective date of the amended Terms. Your continued access or use of the Platform and/or the Services after the date of any such amendments constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, please stop accessing or using the Platform and the Services.
As used in these Terms, “applicable laws” means all applicable statutes, regulations, rules, ordinances, codes, decrees, directives, or other requirements enacted by a governmental authority, as may be amended or superseded from time to time.
Account Creation and Maintenance
To access or use some of our Services, you may be required to create an account with us. When creating an account, you must provide information that is true, complete, and up-to-date. You must immediately update your account details and other information you provide to us so that it remains accurate and complete.
If you create your account using your Google, Facebook, or Apple account login, you can use that account to log in and access our Services.
You acknowledge and agree that:
(a) You are solely responsible for maintaining the security and confidentiality of your account login information.
(b) You are solely responsible (towards us and any third parties) for all activities that occur under your account or through the use of your account. If you access the Platform or use the Services on behalf of a business or organization, all such activities are attributed to and binding on the business or organization.
(c) We and our affiliates may, but have no obligation to, monitor activities on the Platform occurring under your account or through the use of your account. We bear no liability for any loss you or others may suffer as a result of unauthorized access to your account.
Account Suspension or Termination
We reserve the right to temporarily or permanently suspend or terminate your account, or restrict your access to some or all parts of the Services, at any time, with or without notice, for any reason or no reason. Such reasons include, but are not limited to:
If we permanently suspend or terminate your account, and there is no risk or harm that may arise from your continued access, or if such suspension or termination would not violate any applicable laws, regulations, government or law enforcement orders, or third-party rights, we will, if reasonably possible, notify you via the contact information we have for you so that you can access or back up your information and content.
If your account is suspended or terminated, or if you lose access to your account (subject to your legal rights), all information or content associated with it may be suspended or terminated. We do not guarantee the permanent availability of content. Please back up any important content regularly.
If you wish to stop using the Services, you may terminate or delete your account at any time in the “Account Management” section of the Platform. Once you choose to delete your account, you will not be able to reactivate it, nor retrieve any content or information uploaded, created, edited, or received by your account, or any other information related to it. Your access to and use of the Platform and the Services will cease upon account termination.
Your Obligations and Prohibited Conduct
You agree to comply with these Terms, as well as with all applicable laws and regulations when accessing and using the Services. You further agree not to:
For convenience and variety, we may provide information or advertisements related to our Services or indirectly/directly promote or advertise third-party goods, services, events, brands, etc. in accordance with relevant laws, and you agree to such provision.
We may also integrate third-party services or affiliate services into our Platform or Services under contracts or partnership agreements, and to do so, we may use your personal data or account (if necessary) so that you can use those third-party or affiliate services. You agree to this.
Our Rights to Provide the Services
We reserve the right to investigate any user who violates these Terms and cooperate with law enforcement. We may, with or without notice, suspend or terminate your access to the Services for any reason or no reason at any time. The Services may also be interrupted for maintenance, repair, replacement, service outages, or other operational reasons.
If you violate these Terms or applicable law, we may suspend or terminate your access to the Services at any time with or without notice. You acknowledge that any violation of these Terms or applicable law may subject you to civil, criminal, or other forms of liability. We reserve the right to report your violation to law enforcement and pursue other available remedies.
You are responsible for your own content. You assume full responsibility for your content, and you agree to indemnify, defend, and hold us harmless from any claims arising from or related to your content.
You agree to keep a copy of your content separate from the Services. Although your content may be backed up to your device regularly based on the Services’ features, corruption can occur due to corrupted backup points prior to backup or changes during backup. We will provide support for known or discovered issues that may affect backing up your content, but we do not guarantee complete backup or freedom from any loss or damage to your data.
At any time and for any reason, we may restrict or remove or disable access to content at our discretion, with or without notice. If content violates these Terms or our community guidelines or is deemed offensive or harmful to the Services or its users, we may remove or disable access by other users to that content.
The Services are protected by copyright, patent, trademark, and other intellectual property laws in the countries where the Services are available. All intellectual property rights in and to the Services belong to us or our third-party licensors, to the fullest extent permitted by law. You may not use any part of the Services publicly, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise use it without our prior written consent.
We respect intellectual property rights and require you to do the same. You agree not to access or use the Services for any unauthorized, commercial, or infringing purposes and not to violate our intellectual property rights or those of our third-party licensors.
We reserve the right, in our sole discretion and without notice, to block or suspend access to the Services for any user who is found to infringe or is alleged to infringe any copyright or other intellectual property rights.
The Services do not permit content that infringes others’ copyrights or intellectual property rights. You may only create or share content that you own or are authorized to share on the Services. Therefore, we strongly recommend you carefully review and evaluate your compliance with relevant intellectual property laws before creating or sharing any content. Examples of content that should not be created, shared, or posted without the copyright owner’s consent include but are not limited to:
Between you and the Company, all content, software, images, documents, graphics, illustrations, logos, animations, camera presets, 3D stages, templates, patents, trademarks, service marks, copyrights, photos, videos, and any related intellectual property rights on the Services (“Company Content”) are owned by or licensed to the Company. Other than what is expressly permitted under these Terms, the use of Company Content or the materials on the Services is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, posted, sold, licensed, or otherwise used for any purpose without our prior written consent. We and our licensors reserve all rights not expressly granted.
Subject to these Terms, you have a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use Company Content for personal, non-commercial use, such as downloading the Platform to a permitted device. We reserve all rights in the Services and Company Content that are not expressly granted in these Terms, and you acknowledge that we may terminate the license for any reason at any time.
Except where explicitly stated in these Terms, no rights are granted to you under any license concerning sound extracted from or music works contained in any part of the Services.
You acknowledge that you bear the risk of relying on any content or information on the Services. The content on the Services is provided only for general information and does not constitute professional advice. You should seek professional or specialized advice before taking or refraining from any action based on the content of the Services.
We make no representations, warranties, or guarantees, whether express or implied, that Company Content is accurate, complete, or up to date. If the Services include links to other sites or third-party materials (for example, in the form of advertisements), these links are provided for your information only. We have no control over the content on such sites or resources and do not endorse or approve them or the information obtained from them. The presence of any links on the Platform (including targeted ads) must not be interpreted as our endorsement, approval of, or having reviewed the content of the linked websites or as an approval of the operators of such websites. Your use of such sites or resources may be subject to their respective terms (including privacy policies). We have no control over these terms and are not a party to them.
Users of the Services may upload, post, transmit, or otherwise provide content (e.g., camera presets, animations, 3D stages, avatars, music— including music works contained in sounds extracted from videos on your device—templates, etc.) (“User Content”) to or through the Services. You acknowledge that other users may extract all or part of your User Content to create additional User Content.
Users of the Services may overlay camera presets, animations, 3D stages, templates, and other elements provided by Chelly(“Chelly Resources”) onto their User Content and post such User Content. We do not verify or approve information and materials contained in User Content, including such user-posted content containing Chelly Resources. Opinions expressed by other users on or concerning the Services do not represent our opinions or values. We make no representation about the accuracy, completeness, or quality of any User Content, and we disclaim any liability for it.
Whenever you use a feature that allows you to upload or transmit User Content or communicate with other users through the Services, you must comply with the standards set out in Section 6 of these Terms. As described above, not all users may have access to these features, and we are not liable for restricting or limiting access to certain features. You warrant that you comply with these standards, which means you will be liable to us for any losses or damages we suffer due to your breach of this warranty.
User Content is not confidential. You must not post or send any User Content that you regard as confidential or proprietary. When you post or transmit User Content, you represent and warrant that you own or have obtained (including the necessary permissions) all the rights to that User Content or any parts thereof, or no such permissions are necessary.
If (i) you only own the rights to a sound recording and not the underlying music work contained in that sound, or (ii) you do not own the animation or 3D stage, then you must not upload or make such sound, animation, or 3D stage available on the Services unless you have obtained any necessary permissions (including licenses) from all the relevant owners of the underlying rights or no such permission is required.
Except as otherwise provided in these Terms, you or the owner of your User Content retain the reproduction rights and all other intellectual property rights in your User Content that you submit to us. By submitting User Content through the Services, you (i) grant us (and our affiliates, agents, service providers, partners, and other related third parties) an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including the right to sublicense), worldwide license to use, modify, adapt, edit, create derivative works from, publish, and/or distribute that User Content in any form or format, on any platform now known or later developed, and/or to allow other users of the Services and third parties to do the same; and (ii) grant other users of the Services an unconditional, irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to view your User Content or to create videos for non-commercial, private purposes and to use, modify, adapt, edit, create derivative works, download, publish, and/or distribute all or part of your User Content in any format or on any platform now known or hereafter developed, for the purpose of entertainment or other private, non-commercial purposes. You further grant us (and our affiliates, agents, service providers, partners, and other related third parties) a royalty-free license to use your username, image, and any similar source through which your identity can be determined from your User Content.
Through-To-The-Audience Rights. All rights you grant in your User Content under these Terms are provided on a “through-to-the-audience” basis, meaning that third-party service owners or operators will not have any responsibility or liability to you or any other person arising out of or relating to such third-party services’ use or availability of your User Content.
Waiver of Rights to User Content. By posting or otherwise making available User Content on or through the Services, you waive any right to inspect or approve any marketing or promotional materials wherein your User Content may appear. To the fullest extent permitted by law, you also waive any rights of privacy, publicity, or any other similar right related to your User Content. Moreover, to the extent permitted by law, you agree not to assert or allow any moral rights you may have in the User Content to be asserted against us.
You acknowledge and agree that in some cases, we may be required to disclose your identity to a third party who claims that your User Content infringes their intellectual property or privacy rights.
We (or our authorized third parties) reserve the right, in our sole discretion, to crop, split, edit, or refuse to distribute your content. If we determine that your content violates the content standards set out in Section 6, we may delete, block, or remove any such content from the Platform or the Services. Furthermore, we reserve the right, at any time and without notice to you and without incurring any liability, to delete, block, or remove any User Content we consider to violate these Terms or applicable law, or where necessary to address complaints by other users or third parties (though we are under no obligation to do so).
Therefore, if you want to maintain permanent access to any copy of your User Content, we recommend you store a copy on your personal device. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and we disclaim any liability for it.
We assume no responsibility for content or information submitted or provided by any user on our behalf or on behalf of any third party that we distribute or that is distributed by a third party on our behalf. You acknowledge that we have no obligation (though we reserve the right) to pre-screen, monitor, review, or edit any content provided on the Services (including User Content).
If you wish to object to or file a complaint regarding any information or content (including User Content) uploaded by another user, or if you wish to file a complaint regarding another issue related to us, please contact us at support@chelly.app.
If you believe that any content uploaded or provided through the Services infringes your copyright, you can submit a copyright infringement notice to us at support@chelly.app. Such notice must include:
Before submitting a copyright infringement notice, be sure the use in question is not protected under fair use or a similar exception. Knowingly and materially misrepresenting or providing false information may subject you to liability under applicable laws. All information provided in your infringement notice may be forwarded to the uploader, or made available or disclosed by us or a third party in any manner.
We will use reasonable efforts to promptly remove any content we become aware of that infringes copyright. Our policy is to, in our discretion, terminate access to the Services for repeat infringers or users who repeatedly infringe the rights of others or violate intellectual property laws.
We strive to develop and evaluate ideas and features for our products, and we welcome feedback, comments, and suggestions from the user community. If you submit any product, service, feature, modification, content, improvement, technology, content idea, promotional idea, strategies, or any related documents, artwork, computer code, diagrams, or other materials (“Feedback”), regardless of any statement of intent, the following terms apply. By submitting Feedback to us, you agree:
You agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, agents, successors, and advisors (each, an “Indemnified Party”) from and against any and all direct or indirect losses (including attorneys’ fees and costs), claims, liabilities, damages, costs, or expenses arising out of or related to your or your account users’ breach of these Terms or any of your obligations, representations, or warranties under these Terms.
Nothing in these Terms affects any legal rights you are entitled to as a consumer that you cannot contractually waive or for which you cannot contractually limit your liability.
The Services are provided “as is” and “as available,” with all faults and without warranties of any kind. We make no representations or warranties, whether express or implied, regarding the Services. In particular, we do not make any representation or warranty:
To the fullest extent permitted by law, any conditions, warranties, or other terms (including any implied terms as to satisfactory quality, merchantability, fitness for a particular purpose, or conformance with description or non-infringement) do not apply to the Services unless expressly stated in these Terms. For business or operational reasons, we may change, discontinue, withdraw, or restrict any part of the Platform without notice.
We are not obligated to provide transition services, technical support, or assistance after the Services have been suspended or terminated, nor do we assume any responsibility or commitment regarding disaster recovery.
Nothing in these Terms excludes or limits our liability where such exclusion or limitation is unlawful. This includes liability for fraud or fraudulent misrepresentation, and liability for death or personal injury caused by our negligence or the negligence of our employees or agents.
Subject to the above, we shall not be liable to you for:
The above limitations of liability apply regardless of whether we have been advised or were aware of the possibility of such losses.
You are responsible for any and all mobile charges that you may incur for using our Services, including SMS and data charges. If you are unsure whether these charges apply, contact your mobile service provider before using the Services.
We assume no responsibility for any content disclosed by us or an authorized third party, or content posted by any third party.
To the maximum extent permitted by applicable law, any dispute arising between you and any third party (e.g., a telecommunications carrier, copyright holder, or provider of a third-party website or resource, or another user) as a result of your use of the Services is solely between you and such third party, and you fully release us and our affiliates from any and all claims, demands, or damages (actual or consequential) arising out of or in connection with any such dispute.
To the fullest extent permitted by applicable law, our aggregate liability to you arising from or in connection with your use of the Platform or the Services is limited to US$50 or the equivalent value in local currency in the jurisdiction in which you reside. You agree that the limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and us and that these limitations are an essential basis of the bargain between us.
We will use commercially reasonable efforts to keep our Services operational. However, we do not guarantee the availability of the Services. You acknowledge that the Services may be interrupted for reasons beyond our control (for instance, planned or emergency downtime or failures by network or communication service providers).
We may also permanently terminate the Services and your access or use of them.
To the fullest extent permitted by applicable law, you agree that we will not be liable to you in any way for any interruption, modification, or termination of the Services or any part thereof.
a. Governing Law and Jurisdiction. Except as otherwise specified in “Additional Terms – Jurisdiction-Specific Provisions,” these Terms, and any questions regarding their subject matter or formation, are governed by the laws of the Republic of Korea. Any dispute, including any questions regarding the existence, validity, or termination of these Terms, arising from or related to these Terms shall be resolved in accordance with the rules of Korean law, which are hereby incorporated by reference, and the seat of arbitration is the Republic of Korea.
b. Survival. Section 14.b, the rights granted to us in Section 9, Sections 8, 10, 11, 12, and the remainder of Section 14 shall survive the termination of these Terms.
c. Open Source. This Platform includes certain open-source software. Each open-source software component is subject to its own license terms.
d. Entire Agreement. These Terms constitute the entire agreement between you and the Company regarding your use of the Services, superseding any prior or contemporaneous communications or proposals (whether oral, written, or electronic) between you and us regarding the Services.
e. No Waiver. Our failure to enforce any provision of these Terms or respond to a breach by you or others does not waive our right to enforce any term or condition of these Terms or respond to any breach in the future. Nothing in these Terms shall be construed as excluding or limiting our right to comply with any governmental, court, or law enforcement request or requirement related to your use of the Services or to information collected or provided to us regarding such use.
f. Security. We do not guarantee that the Services will be secure or free from bugs, viruses, or Harmful Code. You are responsible for configuring your information technology, computer programs, and platform in order to access the Services. You should use your own virus protection software.
g. Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, such provision shall be deleted from these Terms, and the remaining provisions shall remain valid and enforceable.
h. Third-Party Content. The Services may include links to third-party content. We do not endorse, sponsor, or accept responsibility for such content. Your use of any linked third-party content is at your own risk.
i. Rights of Third Parties. Except as specifically provided in the “Additional Terms – Jurisdiction-Specific Provisions,” no person who is not a party to these Terms has any right under contract law (third-party rights) to enforce any provision of these Terms.
Subscription Provisions – Paid Service Users
Paid Service Users
In this section, “you” refers to a user of the Apple iOS or Google Android OS version of this Platform who has a valid Apple ID or Google account and subscribes to the paid services through the Apple App Store or Google Play, where fees apply. Note that, under Apple’s App Store policy, if you subscribe to our paid services through the App Store with your Apple ID, you can only use the paid service on (1) one device, (2) one App Store account, and (3) one Chelly account.
You cannot trade paid services with other users, nor transfer your subscription to another account.
Subscription and Cancellation of Paid Services
Subscription, payment, cancellation, and refunds for our paid services are all processed through the Apple App Store or Google Play. Therefore, if you wish to subscribe, pay for, cancel, or request a refund for any paid service, you must do so through your Apple ID or Google account (there may be a link in the Chelly account’s subscription management section to manage subscriptions in the App Store or Google Play).
In other words, contacting us directly will not allow you to process your subscription, payment, cancellation, or refund for the paid service. You must follow the guidance of the Apple App Store or Google Play.
However, if you paid with Google Play, we can help you with your refund when 1) you have not used any paid services and 2) contact us on the Discord - super_chelly_pay_inquiry channel within 7 days including the payment date.
For reference, the Apple App Store and Google Play apps provide a settings menu that allows you to easily check and manage your purchased or subscribed services and content, and they describe detailed solutions. Please note that methods for subscription, payment, cancellation, and refund requests may be subject to change according to Apple’s and Google’s policies. Be sure to check, follow, and comply with the procedures outlined by Apple and Google.
Our paid service subscription is based on monthly terms. Once you subscribe, it will automatically renew on a monthly basis until you cancel. If you cancel your subscription, you can continue to use the paid service until the subscription period expires, at which point the paid service features will terminate automatically.
Therefore, if you do not want your subscription to renew automatically, please cancel before the subscription renews for the next monthly term by visiting the Apple App Store or Google Play.
Since our Services can be accessed and used without subscribing to paid services, cancelling your paid subscription will not delete your account. However, you will lose access to paid features once your subscription period ends. If you delete your account while your subscription period is still active, you cannot restore your paid subscription nor receive a refund.
Billing Period and Payment Methods for Paid Services
We charge subscription fees on a monthly basis. Your chosen payment method (designated and registered by you when purchasing the paid service) will be charged for the subscription fees immediately upon purchase, and automatically on a monthly basis unless you cancel or terminate your subscription. Specific methods are subject to the Apple App Store and Google Play’s policies and procedures.
If the payment method you registered for subscription fees is not processed successfully, if the subscription started on a date that does not exist in a particular month, or if you change your plan, your billing date or amount may change. We reserve the right to restrict your use of the paid service until you complete payment through Apple App Store or Google Play.
To use our paid services, you must follow the payment requirements of the Apple App Store or Google Play and provide any necessary information (and grant us the necessary permissions, if required) for payment. You may change or update your payment method, in which case you are deemed to authorize us to continue charging the subscription fee to the new payment method. Specific details depend on the Apple App Store and Google Play’s policies.
Some payment methods may charge additional fees to you apart from the subscription fee. Also, depending on your place of residence or your country, taxes may be imposed.
Features, Composition, and Changes to Paid Services
Our paid services offer additional resources, options, configurations, and features beyond what’s available in the free version. Some services may be provided through third-party services. We may categorize our paid service offerings by features, resources, or functionalities (each, a “Plan”) and charge different fees accordingly.
Plans and subscription fees for the paid service may be added or changed from time to time for various reasons, including operational or business considerations. Your location, subscription term, past subscription history, and account activity may also affect your subscription fees. To the extent allowed by law, we reserve the right to limit or discontinue any part of the paid service at any time, without notice.
Please check the notice in our mobile application for the specific content, conditions, and fees of each Plan.
To the extent permitted by applicable laws, the following additional terms apply to the Chelly app (“this App”):
Apple App Store. By accessing this App on a device made by Apple, Inc. (“Apple”):
Google Play. By downloading this App from Google, Inc. or its affiliates (“Google”) operating Google Play (or its successor), you acknowledge and agree:
Republic of Korea. If you use the Services in the Republic of Korea, the following provisions apply. In the event of conflict between the provisions below and those in the main body of these Terms, the following provisions take precedence:
Other jurisdictions
If you are using the Platform outside of Korea, the following additional terms apply: