Last Updated：2024-6-6
Welcome to Voga, the website and online and/or mobile service of Vadi Technology Pte.Ltd. (“Company”, “we” or “us”), a company with its registered address at 50 Macpherson Road #07-01 Amazana, Singapore 348471. Content in this page explains the terms by which you may use our online and/or mobile applications, web sites, and softwares provided on or in connection with the service (collectively, the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Use (this “Agreement” or “Terms”), and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. Company reserves the right to modify these terms and will provide notice of these changes as described below. If you do not agree to the new Terms, you must stop accessing or using the Services. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
PLEASE READ THE TERM FILE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
7. Third-Party Links and Information
11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
12. Additional Terms for Mobile Applications
1.1 Eligiblity
This is a contract between you and Company. You must read and agree to these terms before using the Company Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You understand and agree that we will treat your access or use of the Service as acceptance of the Terms from that point onwards and of the collection and use of you information as set forth in our Privacy Policy. If you are a minor, we will not be able to provide the Service to you. (minors will be judged by age, depending on the laws of your country or region. Generally defined as under 18 years of age). The Service is not available to any Users previously removed from the Service by Company.
In particular, if we finally learn that your reported age does not match your actual age and you are a minor, in order to ensure your physical and mental health, we may impose necessary restrictions on your account.
1.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). You acknowledge and agree that Company may terminate this license at any time for any reason.
1.3 User Accounts
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Company with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User’s User Account without permission. You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. You must notify Company immediately of any breach of security or unauthorized use of your User Account. Company will not be liable for any losses caused by any unauthorized use of your User Account. We may use your phone number to send you text messages, such as changes to features of the Service and special offers. If you do not want to receive such text messages, you may contact us at tolga@aildev.com.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
Subject to you having a right of appeal, we may Stop your Account or permanently remove any content or Virtual Items from any of our Services at our reasonable discretion, if we have reasonable grounds for believing you have violated any of these Terms. References to "Stopping" or to "Stop" an Account includes temporarily or permanently disabling, suspending, banning, or muting an Account. If your Account is muted, you can continue to watch or listen but will not be able to use chat, posting or live streaming during this time. If your Account is disabled or banned, you will no longer be able to access your Account and any licenses previously granted to you to use our Services will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CONTENT, AND ANY IN-APP ITEMS. The "reasonable grounds" mentioned above include (i) these Terms have or may have been breached or may likely be breached by you; and/or (ii) you have committed fraudulent, unlawful or abusive activity including any breach or suspected breach of the rules of conduct set out in paragraph 1.4 of these Terms; and/or (iii) it is necessary in order to prevent or stop any harm or damage to us, to any our Services, to other users, the general public, or to you, then it is in our reasonable discretion, that we may at any time: (a) Stop any part or all of your Accounts; (b) restrict your access to any content-uploading or other features of our Services; and/or (c) restrict your access to or we may delete Virtual Items or anything you have acquired by consuming the Virtual Items. These actions may result in loss of real money paid in prohibited transactions, such as Account trading.
You may exercise your right of appeal against any of our actions taken by sending an email to tolga@aildev.com. All final decisions regarding the raised appeals will be determined by us at our sole discretion acting reasonably.
If you no longer want to use our Services again, and would like your account deleted, You can delete account through the [User - Settings - delete account] operation. You understand and agree that upon termination the rights and the licence granted herein will terminate and you may not be able to access the Virtual Items and/or any other part of the Services through your account. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added. Upon your request to terminate your account or our final decision to terminate your account (our decision to permanently withdraw a Service from the market shall be excluded), you will not receive any compensation or reimbursement for any Virtual Items for any reason, whether such termination was voluntary or involuntary, unless otherwise required by applicable law or policy in your country of residency.
1.4 Your Access to and Use of our Service
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored, but will not be used by minors.
1.5 Changes to the Service
We amend these Terms from time to time, for instance when we update the functionality of our Services, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. If the update involves material changes, we will announce the expected time and content of the update in advance on our Platform. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
1.6 Disputes with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
1.7 Service Location
We will try our best to maintain the operation of our services, but please understand that we cannot warrant that any part of our Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for such equipment, software or services. We also do not warrant that our Services can be accessed in all geographic locations.
1.8 Virtual Items
We use the term Virtual Items to mean rights that we license to you to access or use certain features that we may make available on our Services. Examples of Virtual Items may include access to digital or unlockable content, additional or enhanced functionality, virtual assets (such as Gems, Golds), in-app achievements, in-app privileges (such as Priority Match), etc. We will define and further explain virtual goods in [Virtual Items Purchase Terms & Agreements]. When you sign up or pay for Virtual Items, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to access the selected Virtual Items. Virtual Items may not be free, you can refer to paragraph 4.2 for refund information.
You understand and agree that, subject to certain conditions, you may receive some physical/cash rewards or payments in the form of certain virtual items. However, such Virtual Items have no value in and of themselves and any withdrawal or exchange of such Virtual Items by means other than using the settlement tools and services provided by us is a breach of this Agreement and your account and corresponding Virtual Items may be frozen or even withdrawn and the relevant physical/cash rewards or remuneration may be recovered directly as part of the breach.
2.1 Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user sound recordings and the musical works embodied therein (“User Content”). Users of the Services may also overlay graphics, stickers, Virtual Items and other elements provided by Company (“Company Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Company Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the Virtual Items) do not represent our views or values.
2.2 Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out in paragraph 1.4 above. You may also choose to upload or transmit your User Content, including User Content that includes Company Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out in paragraph 1.4 above. You understand and agree that your actions will comply with the foregoing standards. Otherwise, we will be entitled to (1) take the corresponding action described in paragraph 1.3 against your account, and/or (2) claim further damages. This means you will be responsible for any direct or indirect loss or damage we suffer as a result of your breach of this paragraph 2.2.
2.3 Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third party content.
2.4 Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
2.5 You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us a non-exclusive, royalty-free, perpetual worldwide license to use your User Content and any element therein, including but not limited your portrait, likeness and voice.
You further grant us a royalty-free license to use your user name, profile image, and likeness to identify you as the source of any of your User Content;
To provide you with our Services, we need you to grant us some legal permission. When you post content that is covered by intellectual property rights on or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use, distribute, copy, publicly perform or display, translate, and create derivative works of your content. This license will end when your content is deleted from our systems.
To provide you with the ability to "Voice Match" (a basic service that offers to chat with other online users who might be compatible with you), you give us permission to use your name and/or profile picture (if any) you use in our Services.
You are aware and agree that the above "matching" service relies on a complex computer program algorithm, which means that the accuracy of the information you provide and the completeness of your authorization for us to collect your information will affect the actual outcome of this function. We will make technical updates to optimise your experience where possible, but we make no promises or guarantees that the results will meet your expectations.
2.6 We reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out in paragraph 1.4 above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider violating these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not warrant the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content
We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.
2.7 If you wish to complain about information and materials uploaded by other users please contact us at: tolga@aildev.com
Company takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Company’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason.
2.8 Feedback is provided on a non-disclosure basis. However, this paragraph 2.8 will not apply if the disclosure is based on statutory circumstances such as (1) necessary for the performance of the Service, (2) your request, (3) protection of the interests of a third party or the public, or (4) governmental regulatory requirements.
3.1 Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and gifts, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
WITH THE EXCEPTION OF UGC, NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
We make no representations, warranties or warrants, whether express or implied, that any Company Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
3.2 Open source material reference
We used some Twemoji (Twitter's open source emoji) as stickers, without modifying the original material
Graphics licensed under CC-BY 4.0: https://creativecommons.org/licenses/by/4.0/
4.1 Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to our Purchase Terms. You have the right to refuse to pay the corresponding fees, but you will not be able to continue to use the relevant charging Service if you refuse to pay. We may modify and change the charging standards, methods and contents of the charging Services according to actual needs, and we will make the prompt or announce in advance on the corresponding Service pages. Any change to our Purchase Terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. If you do not agree with the above modification or change, you should immediately stop using the relevant Service.
You warrant that you have confirmed your account and chose the relevant operation option carefully before you pay. We will not make any compensation or compensation for your damages because of your wrong or improper operation.
We have the right to restrict your access temporarily or permanently to and use of our Services or ban your account if you violate the applicable laws and regulations or these Terms when using the Services. You have no right to ask for any refund or compensation.
You confirm and agree that if you cancel the account actively, the paid rights and interests of yours shall be deemed to be waived automatically, you have no right to ask for any refund or compensation, unless otherwise agreed in these Terms or if there is a specific law or regulation in your country or region.
4.2 Refunds
You may cancel your User Account at any time; however, there are no refunds for cancellation. In the event that Company suspends or terminates your User Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or for anything else. Paragraph 4.2 shall not apply where your country or region has special laws or regulations.
4.3 Payment Information
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method authorized in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
4.4 Tax
You are responsible for filing and paying any national, state, or local sales or use taxes, individual income Tax (“IIT”), value added taxes (“VAT”) or similar taxes or fees applicable to your income and gifts (virtual gifts and reality gifts) obtained from Voga. If you fail to fulfill the above tax obligations, Voga reserves the right to collect such taxes or fees from your future income according to the prevailing tax regulations.
You may sign up to receive certain Company notifications or information or send or receive invitations to use the Service via text messaging. The wireless service provider that provides these services may charge you a fee as consideration. These charges are not an integral part of our Services and will not be charged by us. You fully understand and agree that you will bear the cost of these services by yourself.
Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot warrant that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.
The Service may contain links to third-party materials that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Company’s Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. FURTHER, COMPANY DOES NOT WARRANT, ENDORSE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00 (CAN BE CONVERTED INTO THE EQUIVALENT LEGAL TENDER OF YOUR COUNTRY OR REGION BASED ON THE EXCHANGE RATE AT THE TIME OF THE DISPUTE), WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11.1 Governing Law
You agree that: (i) the Service shall be deemed solely based in Singapore; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Singapore. This Agreement shall be governed by the internal substantive laws of Singapore, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law.
11.2 Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at tolga@aildev.com and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
11.3 Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
12.1 Mobile Applications
We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Company does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non- transferable, revocable license to use a compiled code copy of the Mobile Applications for one Company User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement.
12.2 Mobile Applications from Apple App Store
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
12.3 Mobile Applications from Google Play Store
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.
13.1 Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
13.2 Notification Procedures and Changes to the Agreement.
Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically.
13.3 Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
13.4 No waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
13.5 Contact
Please contact us at tolga@aildev.com with any questions regarding this Agreement.
Headquarter：50 Macpherson Road #07-01 Amazana, Singapore 348471
Spam is generally defined on voga as a significant amount of offensive or deceptive activity in an attempt to manipulate or disrupt the experience of users on voga or voga.
The following acts violate our guidelines against spamming.
False exaggeration
o Falsely exaggerating the amount of interaction (number of followers, views, favorites and/or chat messages) on your own or another person's account or live stream or chat.
o Selling or buying the number of followers or interactions (views, favorites and/or chat messages).
o Use or promote applications that claim to offer any of the above.
Account transfers
o Selling, buying or transferring voga accounts or usernames.
Excessively high volume of directed external traffic
o Engaging in heavy or offensive chat or live, chat activity designed to drive traffic or attention to an unrelated account, product, service or program. Examples of this behaviour include, but are not limited to
Creating only recurring/static live, chat to direct users to links in the header or in the live, chat profile information.
Sending repetitive chat messages that direct users away from the live, chat.
o Posting misleading, deceptive or malicious links (such as displaying full names, profile information, live, chat titles, chat messages) on any of our services.
Duplicate messages
o Creating multiple accounts with the same purpose or overlapping use cases, such as the same or similar personas, or a large amount of similar content.
o Sending duplicate chat messages (within the same live stream, chat, or multiple live streams, chats), especially through automation.
o Repeatedly live-streaming duplicate live-streams, chats, including deleting and re-broadcasting the same content.
o Operating an account for the sole purpose of re-broadcasting another person's live, chat, or repeatedly re-broadcasting another user's live, chat.
Over-following
o Following and/or unfollowing a large number of unrelated accounts in a short period of time, especially through automated means.
o Repeatedly following or unfollowing the same user.
Phishing headlines
o Posting misleading headlines that do not match the content of the live stream or chat.
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