Terms of Service
1. Agreement
These Terms govern your use of Esmeringle (also called Esmeringhoy), the websites at esmeringle.xyz and esmeringle.pages.dev, and their random chat and group channel features (the “Service”). Esmeringle (“we”, “us”) operates the Service. By using the Service you agree to these Terms, our Privacy Policy and our Community Guidelines. If you do not agree, do not use the Service.
2. Who may use Esmeringle
- You must be at least 18 years old. By using the Service you confirm that you are. We cannot verify age, and we do not knowingly allow minors.
- You must have the legal capacity to enter into this agreement, and your use must not be unlawful where you are.
- We may restrict or block any device we reasonably believe belongs to a minor or is being used unlawfully.
3. What the Service is
Esmeringle connects you with other people for live text conversations, in one-to-one chats and in temporary public group channels. No account is needed. Nicknames, gender and region are chosen by users, are not verified, and may be false. We do not screen, endorse or vouch for anyone you meet. Conversations are not saved by us (see the Privacy Policy), but anyone you talk to can copy, screenshot or share what you write.
4. Acceptable use
You agree not to use the Service to:
- create, share, request or discuss sexual content involving a minor, or groom or exploit any child. This is a serious crime under Republic Act No. 9775 (Anti-Child Pornography Act) and Republic Act No. 11930 (Anti-Online Sexual Abuse or Exploitation of Children Act). We will cooperate with the authorities;
- engage in gender-based online sexual harassment, including unwanted sexual remarks, threats, stalking or sexual content sent to someone who does not want it (Republic Act No. 11313, Safe Spaces Act);
- share or threaten to share intimate photos or videos of anyone without consent (Republic Act No. 9995, Anti-Photo and Video Voyeurism Act);
- threaten, harass, bully or defame anyone, or incite violence or hatred;
- impersonate another person or claim to represent Esmeringle, commit fraud, run scams or phishing, or solicit money or financial details;
- collect, publish or ask for other people’s personal information without a lawful basis (Republic Act No. 10173, Data Privacy Act of 2012), including “doxxing”;
- engage in or promote human trafficking, illegal gambling, illegal drugs, weapons sales or any other unlawful activity;
- send links, web addresses or email addresses. Links are blocked on purpose and you must not try to disguise or work around the block;
- send spam, advertising or repeated messages, or use bots, scripts, scraping or other automation;
- attack, probe, overload or interfere with the Service, bypass the Turnstile check, rate limits, blocks or restrictions, or evade a ban by using a new device or identity;
- send malware, or content that infringes someone else’s rights.
Conduct through the Service may also be an offence under the Cybercrime Prevention Act of 2012 (Republic Act No. 10175). Such offences are for the authorities to prosecute, not for us.
5. Automated safeguards and enforcement
To keep the Service usable and safe, our systems automatically check messages for links and certain words, show safety reminders, apply rate limits, and may temporarily restrict a device. We are not obliged to monitor conversations and we do not review them in advance. We may, at our discretion and without prior notice, block messages, end conversations, close channels, or restrict or ban a device for breaking these Terms, for abusive traffic, or where the law requires. If you think a restriction is a mistake, email support@esmeringle.xyz.
Because the Service is anonymous, restrictions are tied to a random device identifier stored in your browser and can be avoided by clearing it. Doing so to evade a restriction is a breach of these Terms.
6. Content and responsibility
- You are solely responsible for what you send and for what you decide to share or believe. Never send personal, financial or sensitive information to strangers.
- We do not own your messages. We hold them only in temporary server memory to deliver them and do not keep them afterwards.
- Animated emoji, GIFs and advertisements are provided by third parties and are not created or controlled by us. They can change or become unavailable at any time.
7. Third-party services
The Service relies on third parties, including Cloudflare (hosting, content delivery and the Turnstile bot check), an advertising network, Google (animated emoji, licensed under CC BY 4.0), and the sources of the GIFs. They have their own terms and privacy practices, and we are not responsible for them. Leaving the Service through an advertisement is at your own risk.
8. Intellectual property
The Esmeringle name, logo, design and software belong to us or our licensors. You may use the Service for your personal use but may not copy, resell, reverse engineer or build a competing service from it. Third-party material remains the property of its owners.
9. Availability and disclaimer
The Service is provided “as is” and “as available”. We do not guarantee uninterrupted or error-free operation, that you will be matched, that other users are who they say they are, or that anonymity is absolute. Features can change or be withdrawn at any time. To the extent permitted by law, we disclaim all warranties, express or implied.
10. Limitation of liability
To the fullest extent permitted by the laws of the Philippines, we are not liable for indirect, incidental or consequential damages, or for loss arising from what other users say or do, from third-party content or advertisements, or from interruptions of the Service. Nothing in these Terms excludes liability that cannot be excluded under Philippine law, including liability for fraud, bad faith or gross negligence, or limits any right you have under the Data Privacy Act of 2012.
11. Indemnity
You agree to hold us harmless from claims, damages and reasonable costs arising from your breach of these Terms or your unlawful use of the Service, to the extent permitted by law.
12. Legal requests
We keep very little data (see the Privacy Policy). Where a valid order, warrant or lawful request is made under Philippine law, including the Rule on Cybercrime Warrants, we will respond with what we lawfully hold and may preserve data as the law requires. We may report suspected child sexual abuse or exploitation material and cooperate with the competent authorities, as required by Republic Act No. 11930.
13. Changes
We may update these Terms. The “Last updated” date shows the current version. If you keep using the Service after a change, you accept the updated Terms.
14. Governing law and disputes
These Terms are governed by the laws of the Republic of the Philippines. Before going to court, please contact us so we can try to settle the matter in good faith. Any dispute that cannot be settled is subject to the proper courts of the Philippines.
15. General
If any part of these Terms is found unenforceable, the rest remains in effect. Our not enforcing a right is not a waiver of it. These Terms, together with the Privacy Policy and Community Guidelines, are our entire agreement with you about the Service.
16. Contact
Questions about these Terms: support@esmeringle.xyz.