Non-binding summary of ToS

This overview highlights key rights and responsibilities from the Articles below. It serves as a brief guide and does not provide a comprehensive account. The legal force lies solely in the numbered Articles of these Terms of Service that follow. We encourage you to review the complete Terms thoroughly to fully understand your rights and obligations.

Your Rights:

• You are granted a license to download and use the App on your personal device solely for individual use;
• Use of the App is permitted for users aged 18 or older, subject to further conditions specified in Article 2.1;
• You may stop using the Service and delete your account whenever you wish;
• You can buy Premium Services or paid Content. Article 7 outlines your rights regarding Premium Services and participation in the Loyalty Program.

Your Obligations:

• While engaging with the App, you are required to follow the Community Guidelines. You are not permitted to use the App for unlawful activities or to cause harm to the App or its users;
• Misleading other users is prohibited. This includes creating fake profiles or impersonating others. Note that while this is forbidden, some users may still try to mislead you through such behaviors;
• You bear responsibility for the Content you share, as do other users for their Content. We do not endorse or assume responsibility for any Content;
• It is your responsibility to read and understand our Privacy Policy.

The Terms of Service will cover the following topics:

1. Introduction
2. Eligibility
3. Description of the App and the Services
4. Intellectual Property
5. Content and User Conduct
6. Data Handling and Privacy
7. Premium Services and Paid Content
8. Third-Party Involvement
9. Termination
10. Limitation of Liability
11. General Provisions

1. Introduction

1.1 Please read these Terms and Conditions of Use ("Terms") thoroughly to understand their content before using our software applications and related documentation (the "App"), as well as any services provided through the App (the "Services"). Collectively, the App and Services are referred to as the "Products."

1.2 For additional information or technical assistance, you can reach out via email at contact_us@tinchat.me.

1.3 Your use of the Products must adhere to these Terms and all applicable laws, rules, and regulations. You may only access and use the Products if you agree to form a binding legal contract with us. This agreement is between you and Aura Axis Limited ("we," "us," or "our"), headquartered at Flat 1006, 10F, Po Yip Building, 23 Hing Yip Street, Kwun Tong, Hong Kong, concerning your use of the Products on your device. By registering to use our Products, you enter into an agreement with us. If you disagree with these Terms or our Privacy Policy at any point, please cease using the Products immediately.

1.4 Our Products are subject to ongoing development and updates. As such, they may change periodically at our sole discretion. We reserve the right to discontinue (either temporarily or permanently) the availability of the Products or any of their features for individual users or all users, at any time. We also reserve the right to set limitations on usage and storage at our discretion. Additionally, we may remove or decline to distribute your content within the Services, alter its visibility or accessibility, suspend or terminate user accounts, and reclaim usernames without liability. Certain Products or features may be offered for a fee, and by using or purchasing these Products, you agree to any specific terms applicable to them.

1.5 We retain the right to modify, add to, or replace the provisions of these Terms, as outlined in Article 13.5 below. The Terms were most recently updated on December 31, 2023.

2. Eligibility

2.1 You may only access and use the App and/or Services if you are at least eighteen (18) years of age, are not prohibited from using the App or accessing the Services under the laws applicable to your location, and have the legal capacity to enter into this Agreement and form a binding contract with us.

Individuals under 18 are strictly prohibited from using the Products. Additionally, you are not permitted to use the Products if you have been convicted of a sex offense, accused or convicted of human trafficking or modern slavery crimes, lack the legal capacity, or are otherwise restricted from using the Products by your country's laws.

You are further restricted from using the Products if you reside in a country under a U.S. Government embargo or that has been labeled as a "terrorist-supporting" nation by the U.S. Government. Similarly, use is prohibited if you appear on any U.S. Government lists of prohibited or restricted parties.

2.2 Any attempt to access, register, or use the Products by individuals who do not meet the eligibility criteria mentioned above is unauthorized, unlicensed, and constitutes a breach of these Terms.

2.3 By using our Products, you confirm and warrant that you possess the full ability and competence to enter into, adhere to, and comply with the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms.

2.4 We reserve the right to terminate your account, delete any content or information you have posted within the Services, and/or restrict or ban your access to the Products (or any part of the Services) if we believe you do not meet the stated eligibility requirements.

 

Here's a rewritten version of the "Description of the App and the Services" section while maintaining the original meaning:

3. Description of the App and the Services

Our mission is to enable users to connect with others around the globe through meaningful, real-time interactions. To achieve this, we offer a variety of Products, including Apps and Services, described in more detail below.

We facilitate connections and communication with friends and new contacts by utilizing our platforms to help users discover and engage with others. Leveraging data, we aim to provide personalized, relevant, and meaningful interactions. Our technology and systems are specifically developed to deliver a consistent and seamless experience, allowing you to connect via live video, chat, text, photo sharing, interests, music, videos, and conversations.

We continuously improve and enhance our Products. This involves conducting research to develop, test, and refine new features. As part of this effort, we analyze user data to better understand product usage and create advancements, such as artificial intelligence, machine learning, and augmented reality capabilities. These innovations enhance safety, such as detecting and removing illegal content.

Safety remains a top priority for us. We employ both technological tools and dedicated teams to detect and address misuse. When inappropriate content or behavior is identified, we may take measures such as blocking or disabling accounts. In cases of improper conduct, data may be shared with affiliates or third parties.

Our Products are designed for global availability. This requires storing and distributing data worldwide, including locations outside your country of residence, supported by third parties and our affiliates.

3.1 Your Use of Your Device

3.1.1 You confirm that you either own the Device used to download the App or have the legal right to control its usage. You also agree to ensure that anyone you permit to use the Products complies with these Terms.

3.2 New Versions of the App

3.2.1 We may introduce additional features, functions, or modifications to improve performance, address security issues, or adapt to operating system changes.

3.2.2 You may need to accept updated Terms if you wish to use new features or modifications to the App.

3.2.3 You acknowledge and agree that we may automatically provide updates, upgrades, or modifications to the App on your Device, which your Device may request or receive.

3.2.4 We are not obligated to provide any additional features, updates, or subsequent versions of the App or Services.

3.3 No Access to Emergency Services

3.3.1 The Products are not designed to support or replace phone lines for emergency calls to hospitals, law enforcement, or other emergency services in accordance with applicable local or national regulations (“Emergency Services”).

3.3.2 You acknowledge that:

• We are not required to provide access to Emergency Services under any regulations;
• You are responsible for maintaining separate traditional wireless or fixed-line phone services for emergency access;
• The Products are not intended as a replacement for your primary phone service.

3.4 Prevention of Unauthorized Use

3.4.1 We reserve the right to take lawful measures to prevent unauthorized use of the App or Services, such as implementing technological barriers, IP mapping, or contacting your wireless carrier or device manufacturer. Any personal data processed for these purposes will be handled in accordance with our Privacy Policy.

4. Intellectual Property

4.1 Ownership

4.1.1 Our Products are protected by copyright laws, international treaties, and other intellectual property laws. These Products contain trade secrets and proprietary information. You agree to take necessary actions to maintain confidentiality. Ownership rights to the Products, related documentation, and any updates belong exclusively to us or our licensors, including all intellectual property rights therein. The App is licensed, not sold, to you. Unless otherwise specified in these Terms, you acquire no rights, title, or interest in the Products. You are prohibited from modifying, copying, renting, leasing, loaning, selling, distributing, or creating derivative works based on them. No implied licenses or rights are granted in any intellectual property embedded within the App and/or Services. All rights not expressly granted to you are reserved by us.

4.2 License Grant

4.2.1 Provided you comply with these Terms, we grant you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install, and use one copy of the App (in object code format) on your personal computer or mobile device ("Device") solely for personal use and other authorized applications, as permitted by these Terms.

4.2.2 By submitting, posting, or displaying Content on or through the Products, you grant us a worldwide, non-exclusive, royalty-free license (with rights to sublicense) to use, copy, adapt, modify, publish, display, and distribute such Content in all media or distribution methods now known or developed later. This license allows us to make your Content available to others, as well as to use it to enhance and promote the Products. You agree that we may share your Content with other users, companies, organizations, or individuals for distribution, promotion, or publication on our Apps and Services under applicable terms. You will not receive compensation for this Content use beyond your access to the Products.

4.3 License Restrictions

4.3.1 Unless expressly permitted by law, you shall not, nor allow others to:

• Copy, modify, translate, adapt, distribute, or create derivative works of the App or Services.
• Sublicense, lease, lend, assign, sell, license, or transfer rights to the App or Services.
• Decompile, reverse-engineer, or attempt to derive the source code of the Products.
• Remove, obscure, or alter any copyright or proprietary notices within the App or Services.
• Use the Products to create or spread viruses or bypass digital rights management systems.

5. Content and Behaviour

5.1 Prohibited Behaviour

5.1.1 You may not:

• Use the Products for any illegal or unauthorized purposes.
• Use the Products in any way that could damage, disable, overburden, or impair the App or any of its Services.
• Transmit worms, viruses, or any malicious or destructive code using the Products.
• Display, share, or transmit any content (including text, audio, pictures, videos, etc.) that we deem hateful, threatening, obscene, abusive, pornographic, racially or ethnically offensive, libelous, or encouraging of criminal conduct or civil liabilities.
• Hack, destabilize, or adapt our website, App (or its source code), or Services, or falsely imply affiliation with our Products through another website, app, or service.
• Access or use the Products through any means other than the interface provided or required by us.

5.1.2 Further prohibited behaviors are outlined in our Community Guidelines, which all App users are expected to follow. This includes using only your own photos for profile pictures, not falsifying your age, and refraining from impersonating others or creating fake profiles.

5.1.3 By choosing to share information such as photos, texts, videos, etc., with other users within the App, you acknowledge that you may lose control over how this information is used. Depending on your actions or the actions of others, it may become publicly available, and we may not be able to delete or remove user information if copies have been taken and distributed by others.

5.1.4 Noncompliance with the Community Guidelines or these Terms may lead to account suspension or deactivation.

5.2 Responsibility for Your Content – Share Carefully

5.2.1 You are solely responsible for any content you transmit or display through the App or Services.

5.2.2 When you transmit or display Content through the App or Services, you grant us an unconditional, non-exclusive, royalty-free, worldwide license to use, reproduce, transmit, publish, display, and distribute this Content for the App, Services, or Product promotion. You can revoke this license by deleting the Content from the App or Services, though any prior use of the Content by us remains unaffected.

5.2.3 You are prohibited from displaying personal contact or banking information (e.g., addresses, phone numbers, email addresses, credit card details) on your profile or anywhere on the App. Sharing personal information with others (e.g., via email) is done at your own risk.

5.2.4 For Content protected by intellectual property rights, you represent and warrant that you are the creator/owner or have the necessary rights to transmit, display, perform, or adapt it. You agree to pay any applicable royalties or fees.

5.2.5 Content you transmit, display, perform, or adapt must not:

• Infringe on or misappropriate third-party rights, including intellectual property rights, privacy rights, or other proprietary rights.
• Be false or misleading.
• Slander, libel, defame, or invade privacy/publicity/property rights of any person.

5.2.6 Violating these rules may expose you to criminal and civil liability, and we may immediately terminate your account and/or remove any relevant Content.

5.3 Other Users’ Content

5.3.1 While not permitted under our Community Guidelines and Terms, you acknowledge that content shared by other users (including information about physical appearance) may be inaccurate, misleading, or modified in a way that does not represent the actual person. It may also infringe upon your or third-party rights.

6. Your Data

6.1 We handle and store your data in line with our Privacy Policy.

6.2 To verify ownership of registered mobile numbers, we may use carrier-distributed mobile messaging (SMS). This helps confirm user accounts and is conducted strictly in accordance with our Privacy Policy.

6.3 We will make reasonable efforts to retain or store your Content related to the Products.

6.4 If you submit comments, suggestions, or feedback (collectively, "Feedback") through provided channels or via app store reviews, you grant us an exclusive license to use this Feedback for any purpose, including commercial ones, without compensation or acknowledgment to you or others. We are not obligated to treat such Feedback as confidential, and you understand that you do not acquire any rights to the Products or any modifications made to them through this Feedback. You also accept full responsibility for ensuring that any material you submit is legal, reliable, appropriate, original, and does not violate copyright laws.

7. Premium Services, Paid Content, and Loyalty ProgrammePremium Services and Paid Content

7.1 Premium Services
From time to time, we may offer additional features or services that you can request and pay for (“Premium Services”). Occasionally, we may offer certain Premium Services, content, or items for free, including as trials. Unless otherwise stated, references to “Services” include all Premium Services and paid items under the Products.

7.2 Payment Terms
Payments for Premium Services and paid content/items will first use any purchased coins you have in the App. If no purchased coins remain, available free coins may then be used.

7.3 Payment Methods
Premium Services and paid content/items may be offered on a subscription basis, per usage, or as described at the time of purchase, payable upfront, after use, or otherwise as specified during the transaction.

7.4 Charges and Pricing
You agree to pay all charges associated with your account, including taxes and fees, per our billing terms in effect when payments are due. Final prices will be displayed before any purchase.

7.5 Third-Party Agreements
You agree to comply with the terms of service or legal agreements of any third-party payment processors related to the App or Services.

7.6 Subscription Payments
For subscriptions to Premium Services or paid content/items, payments will recur according to your chosen method and intervals until terminated.

7.7 App Store Purchases
For Premium Service/content purchases through an Application Store, all payment issues or disputes are subject to the store’s terms of service. We are not responsible for such disputes, and you agree to indemnify us against claims arising from these transactions.

7.8 Personalized Pricing
Pricing may vary based on location or the payment method used.

7.9 Refunds

7.9.1 Digital Content Purchases
By purchasing any Premium Service and/or paid Content or item, you agree to receive digital content that we deliver immediately upon your purchase. Your consent means that you waive the right to request a refund based on consumer withdrawal rights for this particular Service, Content, or item. Articles 7.10 and 7.11 apply only if you make a purchase without consenting to immediate delivery of the Service or Content.

7.9.2 Refund Requests via Application Store
You can request a full refund for any Premium Service and/or paid Content or item purchased through an Application Store if permitted by its refund policies, with the following exceptions:

• Refunds are not available for users who have been banned by us and/or our community.
• Refunds are not available for partially used purchases.

7.9.3 Refund Requests for Non-Store Purchases
For purchases made outside of an Application Store, you can request a refund within 14 days by contacting our customer service (contact details found in Article 1.3) or by using the form attached to these Terms and Conditions, subject to the following conditions:

• Refunds are not available if not permitted by payment channels or platforms.
• Full refunds are not available for partially used purchases.
  If your refund request is successful, the refund will be processed using the original payment method.

7.10 Loyalty Programme

7.10.1 Automatic Participation
When using the App and Services, you are automatically enrolled in our loyalty programme, which rewards you based on your use of the Services, per the Loyalty Programme terms. Updates regarding your rewards will be provided via the loyalty notifications, and you can view them in your account within the App.

7.10.2 Reward Notifications Only
The Loyalty Programme will send you notifications solely related to your rewards.

7.10.3 Programme Modifications
We may change, amend, or cancel the Loyalty Programme at any time, at our sole discretion.

8. Third Parties

8.1 Third Party Technology
The App may integrate third-party software and technology. Any third-party technology incorporated in the App is subject to these Terms.

8.2 Music and Audio
The App may allow you to add music to connections and video calls, provided by third-party suppliers. These services are governed by their own terms and may only be used in connection with the App. Misuse of these services is strictly prohibited.

8.3 Third Party Fees
For certain devices, we may ask for your permission to use your SMS application to send messages or invitations to non-registered users. Some services may incur additional fees, which will be at your own cost and risk.

8.4 Third-Party Sites, Products, and Services
The App may contain links to third-party websites or services for your convenience (“Reference Sites”). We do not endorse these Reference Sites. Your use of them is at your own risk.

8.5 Advertiser Interactions
Any business or correspondence with advertisers found through the Services is solely between you and the advertiser. We are not responsible for any agreements made between you and the advertiser.

9. Termination

9.1 Termination by You
You may terminate your use of the App or Services at any time by deleting your account.

9.2 Termination by Us
We may limit, suspend, or terminate your account and/or use of the App and/or Services immediately, without notice, if:

1. You breach any terms in these Terms;
2. You may cause us legal liabilities;
3. You are delinquent in payments for Premium Services or Content;
4. You infringe a third party’s intellectual property or personal rights, or engage in prohibited activities under Article 4.3;
5. You engage in prohibited behaviors as listed in Article 5.1, including but not limited to child abuse, pornography, discrimination, scamming, or illegal drug use.

9.3 Consequences of Termination
Upon termination of your account, your right to use the Service ends. Any Premium Services or paid Content will be deleted, and no refunds will be given for any paid content or services.

9.4 Responsibility for Termination
If you have subscribed to Premium Services or paid Content, you are responsible for directly terminating any payment obligations with the Application Store or payment processors.

10. Liability

10.1 No Liability for Use
We are not liable for any damages arising from your use of the App or Services, your ability to use them, or any failures in the App or Services. Accessing and using the App or Services is at your own risk. The Services are provided on an "As Is" and "As Available" basis.

10.2 Limitations of Liability
If we are liable, our liability is limited to direct damages only. We are not liable for consequential, indirect, or reputational damages, or any loss, deletion, destruction, or damage to your personal data, device, or rights.

10.3 Jurisdictional Exceptions
Some jurisdictions may not allow certain exclusions or limitations. In such cases, our liability will be limited to the maximum extent permitted by law, and in no event will our liability exceed €150 per event. This applies to damages from third-party products or services advertised on the App.

10.4 Willful Misconduct or Gross Negligence
These liability limitations do not apply if the damage is caused by our willful misconduct or gross negligence.

11. Indemnification

11.1 Indemnification Obligation
You agree to indemnify and hold us, our licensors, partners, and affiliates, as well as our employees, contractors, and suppliers, harmless from any claims, damages, or costs arising from:
a. Your violation of these Terms or applicable laws;
b. Your violation of third-party rights;
c. Your use or misuse of the Products; or
d. Your Content or communications via the Products.

11.2 Legal Sanctions
This indemnification applies even if a legal body holds us liable and imposes sanctions on us.

11.3 Intellectual Property Claims
If you downloaded the App from an Application Store, we are solely responsible for addressing any third-party intellectual property claims regarding the App. We will control the defense and settlement of such claims at your expense, and you agree to cooperate in the defense and not settle without our written consent.

12. Warranties

12.1 No Warranties
The Products are provided “as is” and “as available,” with no warranties. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and accuracy.

12.2 No Guarantee of Error-Free Use
We do not warrant that the App or Services will be uninterrupted or free from errors, viruses, or harmful components. We do not guarantee that any issues will be corrected.

12.3 No Liability for Use
We (and any Application Stores) are not liable for any issues or dissatisfaction arising from your use of the App or Services. Your only remedy is to uninstall the App and stop using it. We (and the Application Stores) have no obligation to provide maintenance or support for the App or Services.

13. General

13.1 Device Errors

We do not guarantee the compatibility of the App and/or Services with your device and are not responsible for any damages or losses resulting from device faults, bugs, connectivity issues, power outages, or other technical problems, regardless of whether these were foreseeable or advised.

13.2 Claims

If you downloaded the App from an Application Store, you acknowledge that the store providers are not responsible for addressing claims related to the App or Services, including product liability, non-compliance with legal requirements, or consumer protection claims.

13.3 Notices

We may provide notices via email, in-app notifications, or posts on our website. Notices sent via email are deemed received 24 hours after being sent. Notices within the App are deemed received once you view them, and notices on our website are deemed received 10 days after posting. You are responsible for keeping your contact details up to date.

13.4 Amendments

We may amend these Terms at any time and will notify you via email or in-app notification. The revised Terms will become effective after the applicable notice period unless you accept them sooner. Continued use of the Products after this period means you accept the revised Terms.

13.5 Assignment

You cannot assign these Terms or any of your rights or obligations. We may assign these Terms to any third party without notice, and you consent to this assignment. You may terminate your use of the App and Services by deleting your account.

13.6 Entire Agreement and Severability

These Terms, along with any other applicable policies, represent the entire agreement. If any provision is found to be unenforceable, it will be modified to the extent necessary, and the rest of the Terms will remain in effect.

13.7 Waiver

Failure to enforce any right or provision of these Terms does not waive that right. Any waiver must be in writing and signed by us.

13.8 Headings

The headings in these Terms are for convenience only and do not affect the meaning or enforceability of any provision.

13.9 Injunctive Relief

You acknowledge that breaches of these Terms could irreparably harm us, and we may seek injunctive relief (without posting a bond) to prevent or address such breaches.

13.10 Applicable Law

These Terms are governed by Hong Kong law. If you're a consumer, any mandatory consumer protection laws in your country of residence may apply, even if they conflict with Hong Kong law.

ATTACHMENT- MODEL CANCELLATION FORM 

CANCELLATION FORM FOR PREMIUM SERVICES

(Complete and return this form only if you wish to withdraw from the contract)

Aura Axis Limited. Flat 1006, 10F, Po Yip Building, 23 Hing Yip Street, Kwun Tong, Hong Kong. contact_us@tinchat.me

I hereby give notice that I cancel my contract for the supply of the following service: _____

received on: _____

Name of consumer: _____

Consumer Used ID: _____

Signature of consumer (only if this form is notified on paper): _____

Date: _____

This Terms of Service was lastly modified in 31st October 2024.