Welcome to Tokka! By using Tokka, you agree to these Terms of Use ("Terms"). If you disagree, stop using Tokka immediately.
For inquiries or notices, email us at help@bluewhaletime.com.
These Terms apply globally. Follow them and all applicable laws. Misuse is prohibited.
Your agreement is with Tokka Team unless stated otherwise in service-specific terms involving affiliates or providers.
You must be 18 years or older to use Tokka. Any attempt to falsify your age to gain access to the platform will result in immediate account suspension or removal.
To access and use Tokka, you must create an account. You can do so by either linking an existing third-party account (e.g., Facebook or Google) or registering as a visitor. If you choose the first option, we may access, collect, and use information from your third-party account.
Your account is personal to you. You are prohibited from transferring, lending, or sharing your account with others. Your account name, user ID, and other identifiers are our property and may be disabled or reclaimed if your account is terminated for any reason.
You are responsible for protecting your account details, including your password, and for all activity under your account. Notify us immediately at help@bluewhaletime.com if you suspect your account or password has been compromised. Until we receive such notification, we will consider all account activity to be authorized by you.
Please note, logging in as a visitor may risk losing your account and any associated content, including prepaid in-app currency. We strongly recommend using Facebook or Google to log in.
Content that sexualizes children is unacceptable on Tokka. We have zero tolerance for any text or media, whether real or generated, that depicts children in a sexualized manner on our platform. Such content inflicts serious harm on victims and has no place here.
We promptly report any child sexual abuse and exploitation (CSAE) material to the National Center for Missing & Exploited Children. Users found posting such content will be permanently banned from Tokka.
You agree that any form of Child Sexual Abuse and Exploitation (CSAE), including the sexualization of minors or the depiction of sexual content involving minors, is strictly prohibited on our platform. This applies to all users and includes any attempt to solicit, share, or distribute such content, regardless of its form or intent.
We use both automated and manual systems to detect CSAE and underage activity. Circumventing these systems is strictly prohibited. The following activities are considered violations:
Sexualization of Minors and CSAE
i. Sharing, creating, or distributing child sexual abuse or exploitation content.
ii. Engaging in activities that sexualize minors, such as sexualized discussions, roleplaying, or the use of inappropriate clothing.
iii. Any form of child nudity or sexualization, including depictions through artwork, drawings, or animations.
Harmful or Dangerous Acts Involving Minors
i. Threatening, encouraging, or engaging in physical violence against minors.
ii. Psychological manipulation, coercion, or abuse of minors.
iii. Promoting or depicting dangerous behaviors involving minors.
iv. Advocating for or depicting child neglect, trafficking, or exploitation.
Underage Presence on the Platform
i. Any underage individuals appearing in live streams, videos, or other content formats is strictly prohibited.
ii. Creating or managing accounts on behalf of minors.
iii. Attempts to falsify age to bypass platform age restrictions.
In our commitment to maintaining a safe environment for all users, we have established comprehensive measures for reporting and addressing instances of CSAE on our platform. This section outlines the various channels available for reporting CSAE content, including our in-app user reporting mechanism and the assistance provided by dedicated organizations worldwide.
In-App Reporting and Content Moderators
We offer a flag and report mechanism within the app, allowing users to promptly report any concerns or instances of CSAE. Your active engagement in utilizing this feature is not only appreciated but crucial in upholding a safe and secure environment for all users. Additionally, our platform employs a team of dedicated content moderators who diligently review reported content and take swift action when necessary to enforce our CSAE policies and maintain the integrity of our community.
Dedicated Organizations Around the World
Below, we provide a list of reputable organizations and resources where individuals can seek support, report CSAE incidents, and access additional information:
i. France - l'Association des Fournisseurs d'Accès et de Services Internet: https://www.pointdecontact.net/
ii. Germany - Jugendschutz: https://www.jugendschutz.net/
iii. Hong Kong - 家庭衝突及性暴力政策組: https://www.childprotection.gov.hk/#/
iv. India - Childline 1098 India: http://www.childlineindia.org.in/
v. INHOPE Association: https://inhope.org/EN#hotlineReferral
vi. Japan - Internet Hotline Center Japan: https://www.internethotline.jp/
vii. South Korea - Korea Communication Standards Commission: https://www.kocsc.or.kr/mainPage.do
viii. United States - National Center for Missing and Exploited Children: https://report.cybertip.org/
When you submit, upload, transmit or display any data, information, photograph or other content in connection with your use of Tokka (“Your Content”), you understand and agree that:
i. you will continue to own and be responsible for Your Content;
ii. we will not sell Your Content to any third-party;
iii. Your Content will be shared with other users of Tokka in many ways. For example, Your Content will be seen by other users of Tokka once you have uploaded Your Content to Tokka;
iv. you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve Tokka and our other services, including new services that we may provide in the future;
v. in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide by all distribution methods, including those that are developed in the future;
vi. we may share Your Content with third parties that we work with to help provide, promote, develop and improve Tokka, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to Tokka);
vii. we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
viii. you will comply with these Terms in your submission of Your Content.
ix. You are prohibited from posting and agree not to post any prohibited content as determined by company, in its sole discretion and which includes, without limitation: Sexually Explicit Material, Violence and Bullying, Hate Speech, Sensitive Events, Unlawful Activity, IP Infringement.
In addition, you agree that we and our affiliate companies (subject to these Terms, our Tokka Privacy Policy and applicable laws and regulations):
i. are allowed to retain and continue to use Your Content after you stop using Tokka – for example, where you have shared Your Content with other users of Tokka;
ii. may be required to retain or disclose Your Content in order to: (i) comply with applicable laws or regulations; (ii) comply with a court order, subpoena or other legal process; or (iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
iii. may need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of Tokka.
You understand that even if you seek to delete Your Content from Tokka, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third-party from storing or using any of Your Content that you have made public via Tokka.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
Tokka is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in Tokka Privacy Policy.
i. comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
ii. strictly follow these Terms; and
iii. use Tokka in a good manner.
i. access Tokka except through the interfaces expressly provided by us, such as its mobile applications;
ii. act in an unlawful or bad manner in connection with Tokka, including being dishonest, abusive or discriminatory;
iii. bypass or circumvent any access controls or service use limits;
iv. copy, use, disclose or distribute any information obtained from Tokka, whether directly or through third parties (such as search engines), without our consent;
v. create a profile for anyone other than yourself (a real person);
vi. create or operate a pyramid scheme, fraud or other similar practice;
vii. develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, add-ons, or any other technology or manual work) to scrape Tokka or otherwise copy profiles and other data from Tokka;
viii. disclose information that you do not have the consent to disclose (such as confidential information of others);
ix. encourage, distribute, or attempt to normalize the sharing of content depicting or promoting child sexual abuse, or post content or engage in conduct that in any way sexualizes children;
x. harass, abuse or harm another person;
xi. interfere with the operation of, or place an unreasonable load on, Tokka (e.g., spam, denial of service attack, viruses, gaming algorithms);
xii. manipulate identifiers in order to disguise the origin of any message or post transmitted through Tokka;
xiii. monitor Tokka’s availability, performance or functionality for any competitive purpose;
xiv. override any security feature of Tokka;
xv. post anything that contains software viruses, worms, or any other harmful code;
xvi. post defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
xvii. remove, cover or obscure any advertisement included in Tokka;
xviii. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for Tokka or any related technology that is not open source;
xix. share, distribute, or create sexually explicit content, or engage in any sexual conduct;
xx. steal or attempt to steal another’s virtual property, such as virtual gifts;
xxi. use bots or other automated methods to access Tokka, add or download contacts, send or redirect messages;
xxii. use Tokka for tasks that it is not intended for;
xxiii. use or attempt to use another's account;
xxiv. use, disclose or distribute any data obtained in violation of these Terms;
xxv. violate the intellectual property or other rights of us; and/or
xxvi. violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
These Terms will apply to your use of Tokka until your access to Tokka is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of Tokka: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Tokka creates risk for us or for other users of Tokka, gives rise to a threat of potential third-party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Tokka for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to Tokka (in whole or in part), you will immediately permanently delete all copies of Tokka to which the termination relates and you will immediately cease accessing and using Tokka.
Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms (in particular, the Tokka Privacy Policy). Where we suspend or terminate all or part of Tokka, or where your access to Tokka is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.
You may, from time to time, make payments to us or third parties as part of your use of the service. We may set out further terms applying to such payments, including in relation to refunds (if any), billing arrangements, and any consequences of failing to make timely payments. You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of items and products are subject to change at any time.
ALL PURCHASES OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
We may process payments from you in the service via a third-party service and you agree to comply with that relevant third-party's terms and conditions in relation to the payment processing service, as further set out in the “Third-Party Content and Services” section below.
Also, you agree that:
your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); and
we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
Subscriptions can be canceled anytime. If you cancel a subscription through Google Play’s billing system, you will not receive a refund for the current billing period, but will continue to receive your subscription content for the remainder of the current billing period, regardless of the cancellation date. Your cancellation goes into effect after the current billing period has passed.
You can go to Google Play subscription center to manage your subscriptions through the link below:
https://play.google.com/store/account/subscriptions
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Tokka, including content provided by users of Tokka or by our advertisers. You acknowledge and agree that by using Tokka, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Tokka by you is at your own risk. Your use of Tokka does not give you any rights in or to any content you may access or obtain in connection with your use of Tokka.
We also do not guarantee the quality, reliability or suitability of any third-party services provided, made available, advertised or linked through Tokka and we will bear no responsibility for your use of or relationship with any such third parties or third-party services.
We may review (but make no commitment to review) content or third-party services made available through Tokka to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third-party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Tokka.
There may be, from time to time, third-party content and services on Tokka that are subject to further terms – for examples, terms from the relevant third-party that originally produced or created such content or service, or terms from the relevant third-party in relation to promotional activities being held on Tokka. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third-party content and services.
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact help@bluewhaletime.com.
All intellectual property rights in or to Tokka (including any future updates, upgrades and new versions to Tokka), will continue to belong to us. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding Tokka are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from Tokka, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Tokka, you will first contact us to request the information you need.
We may from time to time provide updates to Tokka. Such updates may occur automatically or manually. Please note that Tokka may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of Tokka, or that such updates will continue to support your device or system.
We may, in our discretion, provide technical support for Tokka (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
We warrant to you that we will provide Tokka using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, TOKKA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO TOKKA OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY TOKKA, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT TOKKA WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT TOKKA WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT TOKKA WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR TOKKA, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE AMOUNT YOU PAID US TO USE TOKKA AND IN NO EVENT WILL IT EXCEED $50.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
i. IN CONNECTION WITH THESE TERMS OR TOKKA, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORIZED USE OF TOKKA; (VI) YOUR USE OF TOKKA IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
ii. FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/OR
iii. FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF TOKKA; OR (II) YOUR BREACH OF THESE TERMS.
As set out in the “Third-Party Content and Services” sections of these Terms, various third parties may provide certain content, services or software within Tokka.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH TOKKA, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD-PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY SUCH THIRD PARTIES WITHIN TOKKA.
We may make changes to these Terms above from time to time, so please come back and review them.
In addition, as Tokka and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from Tokka (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or Tokka are reasonably material, we will (where reasonably practicable) notify you of such changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to use Tokka after we make any change to these Terms or Tokka, with or without notice from us, you are agreeing to be bound by these revised Terms. If you object to any changes, you may close your account.
For questions or concerns about our terms and conditions, please contact us at help@bluewhaletime.com.