Welcome to SwanChat!
Your use of SwanChat is subject to these Terms of Service (these " Terms"). Thank you for reviewing these Terms – we hope you enjoy using SwanChat.
If you have any questions about, or if you wish to send us any notices in relation to, these Terms, please contact us at policy@SwanChat.com.
Compliance with these Terms
These Terms apply to you if you are a user of SwanChat anywhere in the world.
Please review these Terms and our policies and instructions to understand how you can and cannot use SwanChat.
You must comply with these Terms in your use of SwanChat and only use SwanChat as permitted by applicable laws and regulations, wherever you may be when you use them.
If you do not agree to these Terms, you must not use SwanChat.
For the purposes of these Terms, any reference in these Terms to "SwanChat" refers to SwanChat and all SwanChat-related services provided by or on behalf of us or our affiliate companies, including the following services:
- SwanChat Official Account Admin Platform;
- SwanChat Developers Platform; and
- SwanChat dating
If you are under the age of 13, you must not use SwanChat. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use SwanChat.
If you are using SwanChat on behalf of a company, partnership, association, government or other organisation (your " Organisation"), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances, "you" will include your Organisation.
We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).
ADDITIONAL TERMS AND POLICIES
We offer a diverse range of services and features within SwanChat, so in addition to these Terms, there are certain additional terms and policies that may be applicable to your use of all or part of SwanChat, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.
The following are additional policies that you must comply with in using SwanChat:
Terms applicable to specific SwanChat features
Some of our services and features have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services and features, as well as these Terms. Such service-specific terms include:
- Sticker Licence Agreement – governing your use of Stickers (as defined in such agreement) within SwanChat.
- Chat History Backup Agreement – governing your use of the "Chat History Backup" feature within SwanChat.
- Contact List Backup Agreement – governing your use of the "Contact List Backup" feature within SwanChat.
- SwanChat Official Account Admin Platform User Agreement – governing your use of the SwanChat Official Account Admin Platform.
- SwanChat Developers Platform Use Agreement – governing your use of the SwanChat Developers Platform.
- SwanChat e-Commerce Agreement and/or SwanChat Official Account Admin Platform Merchant Function Agreement – governing your use of SwanChat's e-commerce services.
Additional country-specific terms
If you are a citizen or a habitual resident of the following countries, the following country-specific terms will also apply to your use of SwanChat:
To the extent that any additional terms or policies are different from these Terms, the relevant additional terms or additional policies will apply, except that nothing in those additional terms or policies will (unless expressly indicated otherwise in those additional terms or policies) amend the following sections of these Terms:
- "Changes to these Terms and SwanChat";
- "Our Intellectual Property Rights"; and
- "Liability for SwanChat".
However, to the extent that any country-specific terms differ from these Terms or any additional terms or policies, the relevant country-specific terms will apply, regardless of which section of these Terms is in question.
CHANGES TO THESE TERMS AND SWANCHAT
We may make changes to these Terms over time, so please come back and review them.
In addition, as SwanChat and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from SwanChat (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or SwanChat are reasonably material, we will (where reasonably practicable) notify you (via http://www.SwanChat.com, direct communication to you or other means), prior to the change becoming effective. By continuing to use SwanChat after we make any changes to these Terms or SwanChat, with or without notice from us, you are agreeing to be bound by these revised Terms.
You may need to create an account with us in order to access and use SwanChat.
Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within SwanChat remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding your account details, including any passwords used to access your account and SwanChat, and (ii) all use of SwanChat under your account. You must promptly notify us at by submitting a report via "Feedback" in the SwanChat Help Center if you know or suspect that your password or account has been compromised. We will regard all use of your account on SwanChat as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.
SwanChat may offer methods for deactivating your service-specific account – please refer to SwanChat for further guidance (if available) from time to time.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of SwanChat (" Your Content"), you understand and agree that:
- you will continue to own and be responsible for Your Content;
- we will not sell Your Content to any third party;
- in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;
- we may share Your Content with third parties that we work with to help provide, promote, develop and improve SwanChat, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to SwanChat);
- we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
- you will comply with these Terms, including our SwanChat Acceptable Use Policy, in your submission of Your Content.
You may be able to create certain content within SwanChat, such as Stickers. Such content is part of Your Content, and is subject to these Terms.
- are allowed to retain and continue to use Your Content after you stop using SwanChat – for example, where you have shared Your Content with other users of SwanChat;
- may be required to retain or disclose Your Content in order to: (i) comply with applicable laws or regulations; (ii) comply with a court order, subpoena or other legal process; or (iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
- may need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of SwanChat.
You understand that even if you seek to delete Your Content from SwanChat, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via SwanChat.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
Responsibility for Your Content
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
INFRINGEMENT OF RIGHTS
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact us by submitting a report via "Feedback" in the SwanChat Help Center.
THIRD PARTY CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by SwanChat, including content provided by users of SwanChat or by our advertisers. You acknowledge and agree that by using SwanChat, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from SwanChat by you is at your own risk. Your use of SwanChat does not give you any rights in or to any content you may access or obtain in connection with your use of SwanChat.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through SwanChat and we will bear no responsibility for your use of or relationship with any such third parties or third party services.
We may review (but make no commitment to review) content or third party services made available through SwanChat to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of SwanChat.
There may be, from time to time, third party content and services on SwanChat that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on SwanChat. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.
ADVERTISING CONTENT ON SWANCHAT
OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to SwanChat and any SwanChat Software (including any future updates, upgrades and new versions to all such SwanChat Software), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks or product names (for example,"SwanChat"), logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding SwanChat are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
Where you download and use any software from us as part of or in relation to your use of SwanChat (any such software being the " SwanChat Software"), we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the relevant SwanChat Software in accordance with these Terms (including any specific technical requirements that relate to the SwanChat Software or its use on your particular device). Please note that these licence terms may be supplemented by terms and conditions applicable to the specific SwanChat Software.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from SwanChat Software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from SwanChat Software, you will first contact us to request the information you need.
We may from time to time provide updates to SwanChat Software. Such updates may occur automatically or manually. Please note that SwanChat Software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of SwanChat Software, or that such updates will continue to support your device or system.
For the purposes of these Terms, "SwanChat Software" includes any items, content or features (the " Items") within the SwanChat Software – for example, Stickers, games or other downloadable items within SwanChat, and any content accessed or used by you within SwanChat. You must comply with any additional terms and conditions applicable to any such Items. We will notify you of any such additional terms and conditions within SwanChat, within an Appendix to these Terms and/or in another manner. We may license these Items to you upon payment by you of "real world money" as applicable from time to time. You acknowledge that you do not own these Items and the amounts associated with such Items do not refer to any credit balance of real currency or the equivalent. We may eliminate these Items from SwanChat at any time, with or without notice, and we have no liability to you in the event that we exercise these rights.
We may in our discretion provide technical support for SwanChat (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
USE OF YOUR DEVICE BY SWANCHAT
In order for us to provide SwanChat to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access SwanChat – for example, we may need to use your device's processor and storage to complete the relevant SwanChat Software installation, or we may need to access your contact list to provide certain interactive functions within SwanChat. You agree to give us such access to and use of your device.
We will provide further information regarding how SwanChat uses and accesses your device within SwanChat or in another manner (e.g. via the relevant app store as part of the installation process for SwanChat on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide SwanChat to you.
You may need an adequate internet connection in order to authentic your SwanChat account or use SwanChat. You may also be required to activate certain functionalities within SwanChat in the manner described within SwanChat. You may not be able to use certain functionalities within SwanChat if you do not comply with such requirements.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of SwanChat or SwanChat Software.
THIRD PARTY SOFTWARE
The "Third Party Content and Services" section above applies to any software supplied by third parties (including software, plug-ins, tools, codecs, data and content within such software) for use in connection with, or incorporated within, SwanChat (" Third Party Software"), including your use of such Third Party Software.
In addition to that section, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third Party Software. Any reliance on or use of such Third Party Software is at your own risk.
You must comply with any additional terms and conditions applicable to any such Third Party Software. We will notify you of any such additional terms and conditions within SwanChat, within an Appendix to these Terms and/or in another manner.
We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support.
OPEN SOURCE SOFTWARE
Further to the "Third Party Software" section above, SwanChat may use software that is subject to "open source" licences (the " Open Source Software"). Where we use such Open Source Software, please note that:
- there may be provisions in the Open Source Software's licence that expressly override these Terms, in which case such provisions shall prevail to the extent of any conflict with these Terms; and
- we will credit the relevant Open Source Software (including notifying you of the relevant Open Source Software terms) within SwanChat, within an Appendix to these Terms and/or in another manner.
WARRANTY AND DISCLAIMER
We warrant to you that we will provide SwanChat using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SWANCHAT (INCLUDING ANY SWANCHAT SOFTWARE) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO SWANCHAT, ANY SWANCHAT SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY SWANCHAT, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT SWANCHAT OR SWANCHAT SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT SWANCHAT OR SWANCHAT SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT SWANCHAT OR SWANCHAT SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
LIABILITY FOR SWANCHAT TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR SWANCHAT (INCLUDING ANY SWANCHAT SOFTWARE), ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF SWANCHAT OR SWANCHAT SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) USD100 (ONE HUNDRED US DOLLARS). TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
- IN CONNECTION WITH THESE TERMS OR SWANCHAT OR SWANCHAT SOFTWARE, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF SWANCHAT OR SWANCHAT SOFTWARE; (VI) YOUR USE OF SWANCHAT OR SWANCHAT SOFTWARE IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
- FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/OR
- FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
- any liability for fraud;
- any liability for death or personal injury;
- any liability for gross negligence or wilful misconduct; or
- any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING SWANCHAT OR SWANCHAT SOFTWARE ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF SWANCHAT OR SWANCHAT SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS.
NO LIABILITY FOR THIRD PARTIES
As set out in the "Third Party Content and Services" and "Third Party Software" sections of these Terms, various third parties may provide certain content, services or software within SwanChat.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH SWANCHAT, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN SWANCHAT.
These Terms will apply to your use of SwanChat until your access to SwanChat is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of SwanChat: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of SwanChat creates risk for us or for other users of SwanChat, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use SwanChat for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to SwanChat (in whole or in part), you will immediately permanently delete all copies of SwanChat Software to which the termination relates and you will immediately cease accessing and using any such SwanChat Software.
Retention and back-up of Your Content
These Terms are the entire agreement between you and us in relation to SwanChat. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for example, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court)):
- these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the Hong Kong Special Administrative Region; and
- any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
SWANCHAT TERMS OF SERVICE (USA-SPECIFIC TERMS)
If you are a user of SwanChat in the United States of America, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
SWANCHAT TERMS OF SERVICE (AUSTRALIA-SPECIFIC TERMS)
If you are a user of SwanChat in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by applicable laws and regulations.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable laws and regulations which cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable laws and regulations and cannot be excluded (a " Non-Excludable Provision "), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.