NightChat Terms of Service
Last updated: November 21, 2022
Effective date: November 21, 2022
Welcome to NightChat!
This NightChat Terms of Service (hereinafter referred to as "this Agreement") is a binding legal agreement between you and Kryptoncell CO. LTD. ("we", “us”, or “our”), the provider of NightChat, our official website and other NightChat-related services (collectively, the “Services”). This Agreement sets forth the terms and conditions by which you may access and use of the Services. We hereby remind you to read this Agreement carefully and fully understand the terms and conditions herein.
By registering, accessing or using NightChat and the Services, you are deemed to have read, understood and agreed to be bound by this Agreement. If you do not agree with this Agreement, please do not use NightChat or the Services.
You can also access this Terms of Service by the following means:
My> Misc >Terms of Service
Or at https://night.kr-cell.com/
If you have any questions or comments regarding this Agreement, please contact us at:
We will be happy to answer your questions.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1.Eligibility and Protection of Minors
Our Services are not directed to children under 18 (or other age as required by local law). By accessing and using NightChat and the Services, you represent that you are not considered a child in your jurisdiction. If you are not a child but under the age of majority in your jurisdiction (“a Minor”), you represent that you have reviewed this Agreement with your parent or legal guardian and that you and your parent or guardian understand and consent to this Agreement. If you are a parent or guardian permitting a Minor to use NightChat and the Services, you agree to: (i) supervise the Minor’s use of NightChat and the Service; (ii) assume all risks associated with the Minor’s use of NightChat and the Services, including the transmission of content to and from third parties via the Internet; (iii) assume any liability resulting from the Minor’s use of NightChat and Services; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of NightChat and the Services.
2.Changes to this Agreement
In order to improve your user experience or enhance product safety performance, we may modify NightChat and the Services from time to time. We reserve the right to change this Agreement as necessary in accordance with applicable laws and regulations. If we make changes to it, we will notice through our by notifications, in-app announcements or other means to provide you the opportunity to review the changes. If you object to any changes, you may stop using NightChat or the Services or close your account (Please refer to 4. Your NightChat Account for details regarding account closures). Your continued access or use of NightChat or the Services will be deemed as you have read and agreed to be bound by the updated Agreement.
3.NightChat and the Services
NightChat is a voice chat-based social media entertainment Application independently developed by Kryptoncell CO. LTD. which provides services including:
（1） Video Chat Rooms
（2）Other in-app social networking fun features.
Please understand and acknowledge that we may, to the extent not prohibited by law, change, suspend or discontinue any or all of our Services according to your demands, our operational plans or as required by judicial, regulatory and supervisory authorities.
4.Your NightChat Account
4.1 NightChat Account. You must create an account or login with third parties to access or use NightChat and the Services and provide us with accurate and up-to-date information. Your NightChat account is limited to your access and use of NightChat and the Services only, you shall not share your account with or transfer your account to anyone else. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
4.2 Account Security. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: email@example.com. We will offer you assistance regarding your account security but we do not guarantee to successfully retrieve your account. In such case, we may suspend or terminate such account or take measures that we consider appropriate to assist you.
4.3 Account Closure.
By Us: We reserve the right to disable your user account at any time for any reason, including if you have failed to comply with any of the provisions of this Agreement. We may also freeze or close your inactive NightChat account if you failed to use your account for over 180 consecutive days.
By You: If you wish to close your account, you can do so by applying for an account closure via “My”> Misc> “Write off” in NightChat. Please understand that for security reasons, your account cannot be closed unless you follow our instructions (e.g., exit any virtual family or relationships if you are in one of them).
We hereby kindly remind you that, if you wish to close your account, such closure may prevent you from accessing or using NightChat features and the Services, and such closure is irreversible. Once you close your account, we will delete or de-identification your relevant information.
5.Permitted License Uses
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-sublicensable, personal, revocable, limited license to access and use NightChat and the Services. You may install, use, display, and run NightChat and the Services on your legally owned device for non-commercial purposes. We reserve all rights not expressly authorized to you regarding NightChat in this Agreement. If you wish to obtain other rights with regard to the use of NightChat, you shall separately obtain a formal written permission from us.
6.Your Access and Use of NightChat and the Services
You agree that you will not:
Rent, lease, loan, trade, sell/re-sell or otherwise monetize NightChat App, the Services or related data or access to the same, without our consent;
Upload, transmit, distribute, store or otherwise make available in any way:
a)any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
b)any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
c)any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
d)any material that contains a threat of any kind, including threats of physical violence;
e)any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
Post anything that contains software viruses, worms, or any other harmful code;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Violate the intellectual property rights of NightChat or others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
Maliciously request refunds to harm NightChat's interests；
Export or re-export NightChat, the Services and/or other information or materials provided by us hereunder, unless permitted by applicable law and with our written authorization.
NightChat users accept the app's Terms of Service before users can create or upload UGC (User-generated content). NightChat prohibits objectionable content and behaviors, see specific definitions in NightChat Community Guidelines.
7.Intellectual Property Ownership
We reserve the intellectual property rights to NightChat, the Service and all related information content (including but not limited to UI interface design, pictures, fonts, audio, etc.) and all rights not expressly granted to you. The above intellectual property rights, including but not limited to copyright, trademark and patent rights, are protected by applicable intellectual property rights, anti-unfair competition and other respective laws, regulations and relevant international treaties. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction, and permission for any third party to access and use NightChat and the Services, you should separately obtain formal written permission from us.
By using and/or uploading any content through NightChat and the Services to publicly accessible areas of NightChat App or other NightChat-related platforms, you grant to us and our sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
8.Software and Services Provided by Third Parties
8.1 In order to facilitate your use of NightChat and the Services, we may use third-party software or services, and the results of such use and access are provided by the third party (including but not limited to the services and contents provided by the third party that you get access to via NightChat App, this Services, or by said third party through other NightChat-related platforms). In addition to the terms of this Agreement, you shall comply with the user agreements of third parties when using software or services provided by such third parties. We cannot guarantee the security, accuracy and validity of the services and contents provided by third parties, and to the fullest extent permitted by applicable law, you shall solely bear relevant risks and responsibilities arising therefrom.
8.2 Whether the third-party software or services are pre-installed in NightChat or activated or subscribed by yourself, you understand and agree that we disclaim all express or implied warranties with respect to the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks.
8.3 Any dispute between you and the above third-party software and services providers shall be settled by you and such third party with you taking relevant responsibilities, if any.
9.Fees and Advertisement
You understand and agree that although NightChat are currently offered for your download free of charge, you may need to pay us the fees determined according to the payment plan or the in-app purchase amount that you have selected in consideration for the access to and use of some features or functions of NightChat and the Services.All amounts paid are non-refundable unless we are required to do otherwise in accordance with the relevant laws and regulations.
We reserve the right to change our prices at any point and we will provide notice to you through in-app announcements or messages, at our option. Your continued use of the Service after the price change constitutes your agreement to pay the changed amount.
We also reserve the right to display advertisements in NightChat and the Services to you.
Your use of NightChat and the Services will consume your device, bandwidth, traffic and other resources. Fees for the above resources such as Internet access fees, SMS fees, and payment for the Software's value-added services shall be borne by yourself.
We may offer you NightChat Coins that you can use to purchase in-app virtual items on a promotional basis or for purchase. Such Coins and other virtual items have no monetary value (i.e., is not cash or equivalent), and do not constitute currency or property of any type, cannot be sold or transferred to third parties, including other users (except for features permitted by NightChat, such as sending gifts to support other users), cannot be used outside the NightChat Services, and cannot be exchanged for cash or for any other goods or services. You have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased Coins or other virtual items.You may not purchase, sell, barter, or trade any Coin or virtual item, or offer to purchase, sell, or trade any Coin or virtual item (including for money or any other consideration or items of value whether inside or outside of the NightChat Services). NightChat and you recognize that any such attempted transfer will be null and void.
12.Termination and Breach of Contract
If you wish to terminate this Agreement, at any time you can do so by closing your account and no longer accessing or using our Services. Please refer to 4. Your NightChat Account for details regarding account closure.
Once it is terminated, we may continue to retain or delete the information generated during your use of NightChat and the Services according to requirements of applicable laws and regulations. You agree that, to the fullest extent permitted by applicable law, we shall not be liable to you for such deletion.
You will indemnify, release and hold harmless us, our licensors, agents,
and all senior managements, directors, employees thereof from and
against any and all third party claims, actions, liabilities, losses,
damages, judgments, costs and expenses, including reasonable attorneys’
fees (collectively, "Claims") arising out of
(i) any use of the Services or products appearing on the Services by you or by any person that is not in accordance with the terms of this Agreement;
(ii) any breach of this Agreement by you or by any person that you allow to use the Services;
(iii) any violation of any laws, regulations or the rights (including Intellectual Property rights) of any third party by you or by any person that you allow to use the Services.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTCHAT AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THIS SOFTWARE AND SERVICE.
NIGHTCHAT APP DOES NOT CONTAIN ANY MALICIOUS CODE DESIGNED TO DESTROY YOUR DEVICE DATA OR TO OBTAIN YOUR PRIVACY INFORMATION. WE WILL ALSO DO OUR UTMOST TO ENSURE THE SAFE, PROMPT, EFFECTIVE, ACCURATE, RELIABLE AND CONTINUOUS OPERATION OF NIGHTCHAT AND THE SERVICES, BUT WITH THE LIMITATION OF THE EXISTING TECHNOLOGY, NIGHTCHAT AND RELATED SERVICE MAY BE AFFECTED BY VARIOUS UNSTABLE FACTORS, WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT NIGHTCHAT IS COMPATIBLE WITH ALL DEVICES, OR IS ERROR-FREE, CAN OPERATE WITHOUT INTERRUPTION OR THAT ANY ERRORS IN THE APP OR RELATED SERVICE CAN BE CORRECTED. IN CASE OF CIRCUMSTANCES SUCH AS INCOMPATIBILITY OR SOFTWARE MALFUNCTION, PLEASE CONTACT US FOR TECHNICAL SUPPORT. IF THE COMPATIBILITY PROBLEM CANNOT BE SOLVED, YOU CAN UNINSTALL THE APP. WITHIN THE MAXIMUM SCOPE PERMITTED BY APPLICABLE LAWS, WE ARE EXEMPT FROM ANY OF YOUR LOSSES CAUSED HEREIN.
15.LIMITATION OF LIABILITIES
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL US, OUR AFFILIATES, SENIOR MANAGEMENT, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE DAMAGES OR LOSSES, ARISING OUT OF THE FOLLOWING REASONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (1) YOUR USE OR INABILITY TO USE THE SERVICES;(2) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO USE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (5) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
AT THE SAME TIME, OUR MAXIMUM COMPENSATION FOR ALL YOUR LOSSES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR USING/PURCHASING THE APP OR SERVICES (IF PAID SERVICE IS INVOLVED) WITHIN 12 MONTHS BEFORE THE DATE OF INITIATING THE CLAIM. IF THE LAW OF YOUR REGION DOES NOT ALLOW THE LIMITATION OF LIABILITY THROUGH AN AGREEMENT. IN THIS CASE, THE APPLICABLE LAWS AND REGULATIONS SHALL APPLY.
16.Governing Laws and Dispute Resolution
16.1 Governing Laws. The execution, performance, interpretation, modification and disputes settlement of this Agreement shall be governed by the laws of Singapore, excluding its conflict-of-law provisions. You agree that this Agreement is signed in Singapore.
16.2 Arbitration. Any dispute or controversy between you and us based on this Agreement shall be first settled through friendly negotiation. If no settlement can be reached through friendly negotiation, you unconditionally consent and agree that any claim, dispute or controversy (whether in contract, tort or otherwise) you may have against any of our entities, the directors, agents, and employees of any of our entities shall be submitted to Singapore International Arbitration Centre (SIAC) for settlement in accordance with the rules of SIAC. The arbitration shall take place in Singapore, and the arbitration proceedings and all pleadings and written evidence shall be in the English language, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.
17.1 Heading. The headings of all terms of this Agreement are for reference purpose only, have no actual meanings themselves, and shall not be used as a basis for interpreting the meanings of this Agreement.
17.2 Severability. If any term or provision of this Agreement is held to be invalid or unenforceable by any judicial or administrative authority for any reasons, such determination shall not affect the validity of enforceability of the remaining terms and provisions of the Agreement hereof, and the remaining provisions of this Agreement shall remain in full effect and shall be construed in accordance with its terms.
17.3 Languages. If this Agreement is made in English. We may provide this Agreement in other languages in the future for your reference. In case of any discrepancy, the English version hereof shall prevail.
17.4 No Waiver. Our failure to enforce at any time any of the provisions of this Agreement, or our failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce such provision thereafter. Our express waiver of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
17.5 Entire Agreement. This Agreement constitutes the entire agreement between you and us governing your use of NightChat and the Services, and supersedes any prior agreements between you and us relating to the use of NightChat and the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase open-source software, third-party content, or other services.