Terms of Service

1. Introduction.

1) Please read carefully the following provisions of this TERMS OF SERVICE (“TOS”). This is a legal agreement made by and among ' OmgChat'. Throughout the site, the terms “we”, “us” and “our” refer to OmgChat.

Our Privacy Policy also governs use of the Services.

2) The Service is owned and operated by CHATWITH, INC. (“we,” or “us”), with its registered address at 17800 Castleton St Ste 665 91748 City Of Industry, and are accessed by you under the TOS described herein. Please read these TOS carefully before using the Service. By accessing or using any part of the Service, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access or use the Service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

3) Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services.

4) If you access the Services from a social networking site ("SNS"), such as Facebook, you agree to comply with its terms of service as well as these TOS.

2. Right to Use the Services

1) Subject to these TOS, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.

2) Except as previously set forth, you do not receive any other licenses. We retain all rights, titles and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Our prior written consent. We reserve all rights not expressly granted to you herein.

3) The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from us or third parties.

3.Subscription Services

1) We may offer paid subscription services that allow you to access certain features. By choosing to purchase these subscriptions, you agree to pay all associated fees and abide by any other terms and conditions we explicitly communicate to you during the purchase process.

2) We may change the price for the paid subscriptions, including recurring subscription fees from time to time, with or without notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use our Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the paid subscription prior to the price change going into effect.

1)Your payment to our service will automatically renew at the end of the applicable subscription period, unless you cancel your paid subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period.

2)If you decide to cancel your subscription, you must do so before the start of the next billing cycle. Otherwise, your subscription will automatically renew, and you will be responsible for paying the associated fees. Upon termination of your subscription, you will lose access tosuchfeatures. Deleting your account on OmgChat or deleting the OmgChat application from your device does not cancel your subscription. Deleting your OmgChat account limits the processing of your personal information as described in our Privacy Policy. Deleting your account does not terminate this agreement.

Cancellations will take effect from the next billing period, and your subscription will remain active from the time you cancel until the end of your current subscription period. 

4. Purchases in the Services

1) We may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.

We may manage, control, modify, or eliminate Virtual Items at any time, with or without notice.

Virtual Items do not have an equivalent value in real-world money and are not a substitute for real-world money. Neither we nor any other person or entity has any obligation to exchange Virtual Items for anything of value. We are not liable for hacking or loss of your Virtual Items.

2) The price and availability of Virtual Items are subject to change without notice.

3) All purchases and redemptions of Virtual Items made through the Services are final and non-refundable . You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.

4) Accordingly, you agree that we are not required to provide a refund any reason. You further acknowledge that you will not receive money or other compensation for Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary.

5) If you ask for your personal data to be deleted as described in our Privacy Policy, you will be permanently forfeit all of your Virtual Items without the right to refund, as we will no longer be able associate such Virtual Items with you.

5. Refund Policy

1) Except as otherwise set out in these Terms or required by applicable law in your jurisdiction, all Virtual Items are final, and we do not offer refunds for any purchased Virtual Items.

2）If you register for a paid subscription, except to the extent that you have a right to refund under local laws in your jurisdiction, you acknowledge and agree that any applicable fees and other charges are payable in advance and NON-REFUNDABLE, unless otherwise agreed by us or required by applicable law in your jurisdiction. 

6. Inactive Account

we consider an account inactive if it was not used to access OmgChat for three (3) consecutive months. If your account remains inactive, all of your virtual currency (whether it is got for free or paid) may be frozen, and other value-added services (such as subscription) that have been purchased but not expired or used up may be terminated without any compensation. IF you have any requests、please contact us by email. Upon receiving of your request and reviewing of your information, we will solve your request as soon as possible.

7.Code of Conduct

1) You agree that you will not, under any circumstances:

a. Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.

b. Use the Services in violation of any applicable law or regulation.

c. Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.

d. Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;

e. Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.

f. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.

g. Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by us, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.

h. Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.

i. Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.

j. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including our employees, directors, officers, and customer service representatives.

k. Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, an our employee, director or officer.

l. Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by us, or to obtain any information from the Services using any method not expressly permitted by us.

m. Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.

n. Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.

o. Post anyone's private information, including personally identifiable information / personal data (whether in text, image or video form), identification documents, or financial information through the Services.

p. Engage in any act that we deem to conflict with the spirit or intent of the Services or make improper use of our support services.

8. Third-Party Services

1) Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third-party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which we are not a party.

9. Accounts and Login Information

1) Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. We may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.

2) We reserve the right to delete your Account if we observe no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Subscription Services and/orVirtual Items associated with that Account and no refund will be offered to you.

10. User-Generated Content

1)OmgChat may provide you with the ability to submit User-Generated Content to the Platform. By submitting User-Generated Content to the Platform, you grant OmgChat a nonexclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your UserGenerated Content for the customary and intended purposes of the Platform and any purpose related thereto, including without limitation, to reproduce, prepare derivative works, distribute copies, store, perform, display, and use any of the User-Generated Content. These purposes may include but are not limited to providing you or third parties with the Platform or its associated products and Services and archiving or making backups of the Platform. You agree to waive all rights in and to your User-Generated Content worldwide, whether you have or have not asserted rights in or to your UserGenerated Content. By submitting User-Generated Content to the Platform, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted.

2) You warrant that any User-Generated Content that you submit to the Platform will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. You acknowledge and agree thatOmgChat is not responsible or liable for User-Generated Content.

3) You agree to indemnify and hold OmgChat harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with OmgChat’s use and exploitation of your User-Generated Content resulting from your breach of these terms and conditions. You also agree to waive and not to enforce any moral rights, ancillary rights, or similar rights in or to the User-Generated Content against OmgChat or OmgChat’s licensees, distributors, agents, representatives, and other authorized users and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

4) OmgChat reserves the right to monitor, screen, post, remove, modify, store and review User￾Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User-Generated Content conforms to these Terms, without prior notice to you. OmgChat may terminate your account and access to the Platform if your User Generated Content violates these terms and conditions, including unlawful postings or content, without prior notice. OmgChat is not responsible for and does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users.

5) OmgChat reserves the right but has no obligation to remove any information or content that (i) in the OmgChat’s opinion violates, or may violate, any applicable law or these terms of use and incorporated policies; or (ii) upon the request of any third party that alleges that the User-Generated Content infringes the third party’s rights.

6) OmgChat reserves the right but has no obligation to report to law enforcement any Personal Information or User-Generated Content at any time and for whatever reason, at its sole and absolute discretion.

11. Communications between Users of the Services

1) We assume no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.

2) By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. We may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.

3) We reserve the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time we choose, at its sole discretion, to monitor the Services, we nonetheless assume no responsibility for content made available by users of the Services, and we assume no obligation to modify or remove any inappropriate content.

12. Suspension and Termination for your Breach

1) Without limiting any other remedies available to us, if we believe that you are in breach of these TOS, we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services, including Subscription Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.

13. Availability of the Services

1) We may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if we believe they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these TOS.

2) We reserve the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, we do not have to provide refunds for Subscription Services,Virtual Items or other items in connection with such discontinued Services.

14. Disclaimer

1) To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. We do not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. We do not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by us, its employees or other representatives constitute a warranty.

2) Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.

15. Limitations of Liability

1) In no way will we be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not we have been advised of the possibility of such damages. For purposes of Article 15 “Limitations of Liability,” Our licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.

2) Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.

16. Intellectual Property Rights

1) In the event of any concerns or complaints about possible violation of intellectual property rights, please send us an email at Legal@whosebilling.com, identifying with specificity the rights alleged to be violated and the accused product(s).

17. Links to Third-party Products and Services

1) We may link to third-party websites or services from the Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and, you understand we do not endorse them. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to these third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand our Privacy Policy does not apply in relation to such data.

18. Changes to these TOS

1) We may update these TOS from time to time in response to changing legal, technical or business developments. When we update these TOS, we will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes we make.

2) By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.

19. Governing Law and Dispute Resolution

1) This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed, interpreted, and enforced in accordance with the laws of Hong Kong, notwithstanding other conflict-of-law provisions to the contrary. Any dispute, controversy, difference, or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

20. Assignment, Severability, and Entire Agreement

1) We may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Policy without Our prior written consent, and any unauthorized assignment and delegation by you is void.

2) If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Our failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.

3) This TOS and Privacy Policy set out the entire agreement between you and us regarding the Services and supersede all earlier agreements and understandings between you and us.

4) If you have any questions about these TOS, please contact at support@omgchat.app.

21 Contact us

1) Please contact us with any questions regarding this TOS: support@omgchat.app