MiChat Terms of Service
Last modified on 19 June 2019
Welcome to MiChat!
MICHAT PTE. LIMITED (“MiChat”, “our”, “we”, or “us”) provides messaging, internet calling, and other services to users around the world. Please read these Terms of Service (“Terms”) so you understand the terms of your use of MiChat or MiChat Lite. You agree to these Terms by installing, accessing, or using our apps, services, features, software, or website (collectively “Services”).
If you have any questions about, or if you wish to send us any notices in relation to, these Terms, please contact us at email@example.com.
NO ACCESS TO EMERGENCY SERVICES: There are important differences between MiChat and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
- About our Services
Registration: You must register for our Services using accurate data, provide your current mobile phone number. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
Ownership of Account: 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. You are granted a licence to operate the MiChat account which remains our property. Your account name, user ID and other identifiers you adopt within MiChat 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.
Safeguarding of account details: You are responsible for:
(i) safeguarding your account details, including any passwords used to access your account and MiChat, and
(ii) all use of MiChat under your account. You must promptly notify us at by submitting a report at firstname.lastname@example.org if you know or suspect that your password or account has been compromised. We will regard all use of your account on MiChat as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.
Address Book: You provide us the phone numbers of MiChat users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorised to provide us such numbers to allow us to provide our Services.
Age: You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorised to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms, your parent or guardian must agree to our Terms on your behalf.
Devices and Software: You must provide certain devices, software and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
Fees and Taxes: You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
Account deactivation or anonymisation: Your MiChat account is linked to your mobile phone number. If you should cease to use a particular mobile phone number and wish to prevent access by a new user of the mobile phone number to your information, MiChat may offer methods for deactivating or anonymising your account – please refer to MiChat for tips on how to do so (if available) from time to time.
- Acceptable Use of our Services
Our Terms and Policie: You must use our Services according to our Terms and posted policies, If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use: You must access and use our Services only for legal, authorised, and acceptable purposes. You must not use (or assist others in using) our Services in ways that:
(i) violate, misappropriate, or infringe the rights of MiChat, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
(ii) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;
(iii) involve publishing falsehoods, misrepresentations, or misleading statements;
(iv) impersonate someone;
(v) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialling, and the like; and/or
(vi) involve any non-personal use of our Services unless otherwise authorised by us.
Harm to MiChat or our Users: You must not (and must not assist or others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, licence, sub-licence, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means:
(i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
(ii) send, store, or transmit viruses or other harmful computer code through or onto our Services;
(iii) gain or attempt to gain unauthorised access to our Services or systems;
(iv) interfere with or disrupt the integrity or performance of our Services;
(v) create accounts for our Services through unauthorised or automated means;
(vi) collect the information of or about our users in any impermissible or unauthorised manner;
(vii) sell, resell, rent, or charge for our Services; or
(viii) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping your Account Secure: You are responsible for keeping your device and your MiChat account safe and secure, and you must notify us promptly of any unauthorised use or security breach of your account or our Services.
If you have already logged into MiChat and subsequently log into MiChat Lite, then the MiChat will be logged out automatically, and vice versa.
- Third-party Services
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to interact with a share button on a third party’s website that enables you to send information to your MiChat contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Your Rights: MiChat does not claim ownership of the information that you submit for your MiChat account or through our Services. You must have the necessary rights to such information that you submit for your MiChat account or through our Services and the right to grant the rights and licenses in our Terms.
[MiChat’s] Intellectual Property Rights: We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents and other intellectual property rights unless you have our express permission. You may use the trademarks of our affiliated companies only with their permission, including as authorised in any published brand guidelines.
MiChat’s Licence to you: We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable licence to use our Services, subject to and in accordance with our Terms. This licence is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licences or rights are granted to you by implication or otherwise, except for the licences and rights expressly granted to you.
- Reporting Third-party Copyright, Trademark, and other Intellectual Property Infringement
Copyright: To report copyright infringement and request that MiChat remove any infringing content it is hosting (such as a MiChat user’s profile picture, profile name, or status message), please email a completed copyright infringement claim to email@example.com (including all of the information listed below). Before you report a claim of copyright infringement, you may want to send a message to the relevant MiChat user you believe may be infringing your copyright. You may be able to resolve the issue without contacting MiChat.
Trademark: To report trademark infringement and request that MiChat remove any infringing content it is hosting, please email a complete trademark infringement claim to firstname.lastname@example.org (including all of the information listed below).
Before you report a claim of trademark infringement, you may want to send a message to the relevant MiChat user you believe may be infringing your trademark. You may be able to resolve the issue without contacting MiChat.
Please include all of the following information when reporting a copyright or trademark infringement claim to MiChat:
(i) What to include in your copyright or trademark infringement claim to MiChat: Please include all of the following information when reporting a copyright or trademark infringement claim to MiChat:
(ii) A description of the copyrighted work or trademark that you claim has been infringed.
(iii) A description of the content hosted on our Services that you claim infringes your copyright or trademark.
(iv) Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services.
(v) A declaration that:
(a) you have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorised by the copyright or trademark owner, its agent, or the law;
(b) the information in your claim is accurate; and
(c) you declare, under penalty of perjury, that you are the owner or authorised to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
(vi) Your electronic signature or physical signature
We may terminate your MiChat account if you repeatedly infringe the intellectual property rights of others.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (COLLECTIVELY, THE "MICHAT PARTIES") FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (COLLECTIVELY "CLAIM") AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
- Limitation of Liability
THE MICHAT PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY
(I) LOSS OF PROFITS;
(II) LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF OPPORTUNITY OR LOSS OF BUSINESS;
(III) INCREASED COSTS OR EXPENSES; OR
(IV) CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL LOSS OF ANY TYPE RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE MICHAT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS (S$100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE MICHAT PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the MiChat Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
(i) your access to or use of our Services, including information provided in connection therewith;
(ii) your breach or alleged breach of our Terms; or
(iii) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Claim.
- Dispute Resolution
Forum: You agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute” and collectively, “Disputes”) exclusively in the Singapore courts.
Governing Law: The laws of the Republic of Singapore govern our Terms, as well as any Disputes, which might arise between MiChat and you, without regard to conflict of law provisions.
- Availability and Termination of Our Services
Availability of our Services: Our Services may be interrupted,including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination: We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with MiChat: “5. Licenses”, “7. Disclaimers”, “8. Limitation of Liability”, “9. Indemnification”, “10. Dispute Resolution”, “11. Availability and Termination of Our Services” and “12. Others”.
Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding MiChat and our Services, and supersede any prior agreements.
We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version prevails.
Any amendment to or waiver of our Terms requires our express consent.
We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
Nothing in our Terms will prevent us from complying with the law.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.
We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
We always appreciate your feedback or other suggestions about MiChat and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).