Date of Last Revision:July 24,2023
These SoMatch (the “SoMatch”) Terms and Conditions of Use（the “T&C”）set forth the terms and conditions for the use of any and all services and products (the “Services”) provided by us(the “we” or “us” or “our”) to users of the Services(the “you”, “your”,“User” or “Users”).
The T&C form a legally binding contract between Users and us, all Users shall use the Services in accordance with the T&C.So please read them carefully. USERS MAY NOT USE THE SERVICES UNLESS THEY AGREE TO THESE TERMS AND CONDITIONS.
Users who are minors may only use the Services by obtaining prior consent from their parents or legal guardians.
Your privacy matters to us,we promise to exercise the utmost care and attention to its security measures to ensure the safe management of any and all information handled by users.You can learn how your information is handled when you use the Services by reading our Privacy Policy.
a. Registering account.You need to create an account with us in order to access and use SoMatch. If you interrupted the account creation (either actively or passively), you will need to re-start creating it again when you need to our Services. Any account that you open with us is personal to you and you are legally responsible for all activities and events that occur under your user account.
b. Deleting account.You can delete your account from within SoMatch at any time. You can check our Privacy Policy for the specific deletion requirements.Deleting your account is an irreversible process, which we may not revert even if you perform it by accident.Deleting your account will delete your account from SoMatch,erase your usage history,delete you from all of your SoMatch groups，therefore, to avoid the impact of deleting your account, you can backup all your information before you delete it.
When using your account on SoMatch, you should observe the following rules of use:
i. the account you set up (including nickname, image, signature, voice introduction, etc.) shall not violate laws/regulations and the relevant rules of SoMatch, and shall not impersonate others or use others' names to cause misidentify;
ii. the account is for your personal use only and is prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use;and/or
iii. the account name, user ID and other identifiers you adopt within SoMatch remains our property. We can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us, such as we discover or have reasonable grounds to believe that a user is not the original registrant of the account.You are responsible for: (i) safeguarding your account details, including any passwords used to access your account and SoMatch, and (ii) all use of SoMatch under your account, including creating any content.
You must promptly notify if you know or suspect that your password or account has been compromised. We will regard all use of your account on SoMatch as being by you, except where we have received a valid and properly received notification to us regarding your account or password being compromised.
We may allow you to register for and login to SoMatch using sign-on functionalities provided by third party platforms, such as Facebook,Google. You agree to comply with the relevant third party platform's terms and conditions applicable to your use of such functionalities (in addition to the T&C).
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.In addition,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 authorised 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.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
We may check and confirm the Contents submitted by Users to the extent permissible under laws and regulations, when it is necessary for SoMatch to confirm compliance with related laws and regulations or the provisions set out in these Terms and Conditions, etc.; provided, however, that SoMatch is not obligated to conduct such confirmation.If SoMatch believes that a User has violated or may violate any applicable laws or regulations or the provisions of these Terms and Conditions in relation to the Contents, or when otherwise reasonably necessary for our business, then we reserve the right to preclude such User's use of the Services in certain manners, such as deleting the Contents without providing prior notice to the User.Therefore,in order to protect User’s right, you may not use our Services to produce,upload, copy, publish, disseminate or share the Content, including but not limited to:
i. You shall not take any action to impose or possibly impose excessive load (at the discretion of SoMatch) on our applications or our third-party service suppliers.
ii. You shall not interfere or attempt to interfere with the normal operation of the Services or any activities based on the Services.
iii. You shall not run any form of “spam mails” on the Services.
iv. You shall not use the Services in any way to directly or indirectly engage in behaviors that breach applicable laws and regulations or social ethics.
v. You shall not allow others or third parties to take any actions or use the Services provided by SoMatch in any form to disseminate or facilitate the dissemination of the following contents::(a)Contents that infringe upon the copyright, patents, trademarks, trade secrets or other rights & interests, and contents that breach any law or contract liability;(b)Contents that you know beforehand are false, misleading, inveracious or inaccurate;(c)Contents containing illegal, threatening, abusive, harassing, defamatory, malicious, fraudulent, deceitful, privacy infringement, tortious, obscene, aggressive or blasphemous elements. Contents that disseminate obscene, pornography, gambling, violence, murder, terror or abetting crimes;(d)Unauthorized advertising, pushed advertising, spam or bulk-e-mail (commonly known as “spam e-mails”);(e) Attempts to impersonate other individuals or entities, including team members or representatives of SoMatch;or (f) Information containing other contents prohibited by laws and administrative regulations.
vi. Contents other than those set forth in above Clauses that we reasonably deems to be inappropriate.
If you believe that your Content has been copied or unauthorized used in a way that constitutes copyright infringement, please contact us.
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and others are considered part of the Content).
You represent and warrant that you own or have obtained all necessary rights, licenses, consents, permissions, powers and/or authorizations for any content you submit, post or display on or through the Services.And you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for SoMatch to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, Retweet, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by SoMatch, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
All intellectual property rights over the application, the Services, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong to SoMatch.We grant Users a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using and enjoying the Services in a way that the T&C and our policies, such as our Privacy Policy, allow. Users may not use the Services in ways that are not authorized by the T&C. Nor may anyone else help in doing so.
(3) Third Parties’ Rights
In the course of using the SoMatch application, users may use features, software or services developed by third parties for the Services that run on the SoMatch application, as well as services or content open-sourced or licensed (including free licenses, for example: https://github.com/microsoft/fluentui-emoji/blob/main/LICENSE) by third parties,thus, in order to comply with the relevant provisions of the T&C, users shall also comply with the relevant provisions of third parties and respect the rights of third party rights holders with respect to their features, software, services and the content contained therein.
We may offer you some cool value added services（VAS) in our applications for which you have to pay.We will provide a variety of third-party payment channels for top-up, including but not limited to credit cards, debit cards,PayPal and other different top-up methods that we may provide to you from time to time through our applications. You can freely choose specific top-up methods on our applications and follow the procedures prompted by the corresponding pages to complete the top-up.Prior to making a payment, you should make sure you fully understand the agreement that covers your payment, whether that agreement is an Platform(like App Store or Google PLay) Agreement or another payment platform agreement (like a third-party payment processor’s terms).
We need special permission to charge your top-up method, because our payment processing partners may require you to provide certain personal data (like a valid ID number, your name,address or date of birth) in order to make payments through their financial institutions and to comply with applicable laws and regulations. They may also communicate directly with you regarding any payment queries.
If a top-up fails due to a problem with your chosen top-up method, please ensure that all information is correct and resubmit again. If the top-up request still cannot be completed, please contact us via【contact@somatch.media】.
Whenever you need to pay attention to the following risk tips：
i.When making payment, you must carefully confirm your account number and carefully select the relevant operation options. We will not compensate or indemnify you for any damage to your rights and interests caused by incorrectly entering your account number, improper operation or not understanding the payment method.
ii.We do not guarantee the smooth or correct completion of payment if you make payment in an illegal way or use a method of recharge other than the one we have specified. If your rights and interests are damaged as a result, we will not compensate or compensate you, and we reserve the right to terminate the user's account and access to VAS at any time.
Iii. You shall not carry out any illegal and criminal activities through our VAS and shall not make use of the payment loopholes to make profits, otherwise we have the right to terminate the services and recover the profits and transfer to judicial authorities.
Users of our Services who are aged 18 (or age of majority in your jurisdiction) or older may purchase Coins or receive Virtual Gifts (collectively,“Virtual Goods”) from us using authorized payment methods and through payment providers made available and authorized by us. The price of the Virtual Goods will be displayed at the point of purchase, at a rate of conversion will be displayed on our applications. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such exchange rate as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right.All charges and payments for Virtual Goods will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, international payment fees and payment channel fees, if any, are based on your agreement with the applicable payment provider. Once your purchase has been completed, your user account will be credited with Virtual Goods.
Virtual Goods can only be used on our applications and as part of our Services and will expire automatically upon termination of the user’s account for any reason.Accrued Coins or exchanged or received Virtual Gifts do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.
For Coins,they are not be assigned or transferred to any other user of the Services or third party except as expressly permitted by us in writing. Any user of the Services who violates this restriction may have his/her account terminated us, forfeit Coins from his/her account, and/or be subject to liability for damages and litigation and transaction costs.
For Virtual Gifts, you may use Virtual Gifts to rate or show your appreciation for an item of user content that is uploaded or streamed by another user. When this functionality is available on the Services, you can contribute Virtual Gifts to user Content by clicking the “Give Gift” button at the bottom right of the relevant user content. When you have contributed a Virtual Gift to an item of user content, this Virtual Gift will be removed from your account.
Subject to applicable law or policy, (i) all Virtual Goods remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value; (ii) we may revoke your license to such Virtual Goods at any time consistent with this T&C without notice or liability to you; and (iii) except where the law in your jurisdiction provides a right of withdrawal that cannot be waived by contract, by purchasing and using any Virtual Goods, you hereby waive your right to withdraw from your agreement to purchase the applicable Virtual Goods, and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Virtual Goods. Additionally, you hereby agree that any withdrawal right expires immediately upon purchase and delivery of your Virtual Good, unless the law in your jurisdiction provides otherwise.
Subscription Services are additional services that provide to you in a form of subscription. You can find the features and contents included in the Subscription Services on SoMatch. You shall abide by these T& C, the fees for the Subscription Services, the payment method thereof, as well as other terms and conditions of use posted on the Services or on SoMatch.
You are solely responsible for keeping your account password secure so that no third parties apart from you have access, use and utilize the Subscription Services.
You may receive the Subscription Services in exchange for payment of a fee on a monthly, quarterly or annual basis (“Paid Subscription”), your access and Paid Subscription begins as soon as your initial payment for Subscription Services is processed (except if you change the type of your Paid Subscription). When you purchase your selected Paid Subscription, you will have access to any Subscription Services item or content currently available within that Paid Subscription for the period you have chosen for your Paid Subscription. If you shall not complete your cancellation procedure by the designated date and time, your Paid Subscription will automatically renew each month,quarter or year depending on the term you have chosen without notice until you cancel. You can change the type of your Paid Subscription by selecting a new type of Paid Subscription. At the next due payment date you will be charged the then-current rate for your chosen new Paid Subscription and granted Access to that Paid Subscription.
We may decide to periodically update the Subscription Services features and/or content made available in the Paid Subscription, and some Subscription Services features and/or content may either become unavailable or be made available for free when this happens.In addition, we may change the Paid Subscription’s rate, and we will notify you of any applicable rate change. Subject to applicable law, you accept the new price by continuing to use the Subscription Services after the price change takes effect.
You may cancel your Paid Subscription or automatically renewal at any time, the Subscription Services will continue until the end of the term you have chosen for your Paid Subscription.If you take the procedures for cancellation prior to the intended period of use, please contact us. In such case, the fees already paid will not be refunded, nor will there be any refund on a pro rata basis. However, the foregoing will not apply if laws or regulations require otherwise.
These T&C will apply to your use of SoMatch until your access to SoMatch is terminated by either you or us.You may terminate your use of SoMatch, or any of the services(such as Subscription Service) accessible therein, at any time (including if we have told you about an upcoming modify to all or part of SoMatch or the T&C which you do not agree to). We may suspend or terminate your access to your account or any or all of SoMatch:
(1) if we undertake maintenance or support of SoMatch;
(2) to make changes to SoMatch as notified by us to you;
(3) if we reasonably believe that you have breached these Terms;
(4) if your use of SoMatch creates risk for us or for other users of SoMatch, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
(5) if such suspension or termination is required due to applicable laws; or
(6) to the extent permitted by applicable laws and regulations,
and where reasonably practicable, we will give you advance notice of any suspension or termination.
If we suspend your access to any or all of SoMatch then, to the extent permitted by applicable laws and regulations in your jurisdiction, you are main responsible for all contents created or shared and usage activities through the date of suspension.
THE SERVICES IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. SOMATCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.. ALTHOUGH WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMATCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SOMATCH EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SOMATCH, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
SoMatch may modify the T&C when SoMatch deems it to be necessary, within the scope of the purposes of the Services. In such case, SoMatch will indicate the contents of the modified version of the T&C, as well as the effective date of the modification, on the Services or on SoMatch’s applications, or will publicize the same to users by notifying users in the manner prescribed by SoMatch.
The modified version of the T&C shall become effective as of the effective date or lasted update date thereof.
The T&C is written in English . If we have provided users with a translation of another language version of the T&C, the English Version will govern the relationship between users and us. In the event of any conflict between the English Version and a translation thereof, the provisions in the English Version shall take precedence over any other translation.
The T&C will be governed by the laws of HongKong Any conflicts between users and us that arise from or in connection with the Services shall be resolved under the exclusive jurisdiction of the HongKong District Court as the court of first instance.
SoMatch welcomes comments, questions, concerns, or suggestions. Please contact us via 【contact@somatch.media】 or by “More functions” > “Contact us” from within SoMatch.