Effective Date: [2024-11-09]
This MPChat User Agreement (hereinafter referred to as "this Agreement") is a legally binding agreement entered into between you (hereinafter also referred to as "User") and the MPChat Operating Entity (hereinafter referred to as "we," "us," or "MPChat") concerning your download, installation, registration, login, and use of the MPChat software and related services (hereinafter collectively referred to as "the Service").
Please read carefully and fully understand all the terms and conditions of this Agreement before you start using the Service, especially clauses excluding or limiting our liability, and those addressing applicable law and dispute resolution (which may be highlighted in bold, underlined, or by other means for your attention). By clicking "Agree" via a web page, by your actual use of the Service, or by any other means of expressing or implying your acceptance of this Agreement, you confirm that you have read, understood, and agree to be bound by this Agreement, which shall thereupon become legally effective between you and us.
If you are a minor (as defined by the laws of your jurisdiction), please read this Agreement accompanied by your legal guardian, and ensure that your legal guardian agrees to your use of the Service and acceptance of this Agreement.
This Agreement applies to all individuals or entities using any of MPChat's services.
The Service primarily provides end-to-end encrypted instant messaging ("MPChat Chat"). To enhance the social interactive experience, the Service also includes certain convenient payment features that allow users to conduct transfers in U.S. Dollars (USD) within chats, and to optionally apply for an associated payment card ("MPChat Card") for daily consumption. We may also launch other features or services in the future. The specific service content is subject to what MPChat actually provides.
You represent and warrant that you are a natural person, legal person, or other organization with full capacity for civil rights and civil conduct. If you do not meet the foregoing qualifications, you and your guardian shall bear all consequences arising therefrom.
You agree to provide true, accurate, complete, and current registration information (including but not limited to your mobile phone number, email address, etc.) and to update it in a timely manner.
You are responsible for maintaining the security and confidentiality of your account username, password, PIN, API keys, and any other codes or credentials used to access the Service. You shall be fully responsible for all activities that occur under your account. You must notify us immediately if you discover any unauthorized use of your account.
Your account is for your personal use only and may not be gifted, loaned, leased, transferred, or sold.
To use all or part of the Service (especially to activate and use the MPChat Account and MPChat Card features), you agree to complete the identity verification (KYC) and anti-money laundering (AML) review procedures as required by us and applicable laws and regulations. You agree to provide the true, accurate personal information and documents we request for this purpose. We reserve the right to refuse to open, or to suspend/terminate, part or all of the services for you based on our risk assessment and compliance requirements.
You undertake to comply with all applicable laws, regulations, rules, and policies.
You shall not use the Service for any illegal purpose or in any manner, including but not limited to:
We reserve the right to monitor your use of the Service. If we believe your conduct violates this Agreement or applicable laws, we have the right, at our sole discretion, to take measures including but not limited to issuing warnings, restricting features, suspending services, terminating your account, deleting content, and reporting to relevant authorities, without prior notice to you.
You are solely responsible for any content you upload, send, store, or share via the Service ("User Content"). You warrant that you own all necessary rights to your User Content or have obtained legal authorization.
You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform your User Content for the sole purpose of operating and providing the Service (e.g., to display your messages on your designated recipients' devices). This license is limited to what is necessary for operating and providing the Service.
We are not the publisher of and do not endorse User Content. We reserve the right, at our sole discretion and without prior notice, to remove or block any User Content that we believe violates this Agreement or applicable laws.
All intellectual property rights (including copyrights, trademarks, patents, trade secrets, etc.) in and to the Service (including but not limited to the software, technology, text, graphics, user interfaces, trademarks, logos, etc.) are and will remain the exclusive property of us or our licensors.
Without our prior written consent, you may not copy, modify, distribute, sell, lease, reverse engineer, or otherwise exploit any part of the Service.
The Service may contain links to or allow you to access features or content provided by third-party websites, applications, or services. These third-party services are governed by their own respective terms and privacy policies. We are not responsible for the content, accuracy, security, or functionality of any third-party services.
You agree to pay all applicable fees incurred in connection with your use of the Service (such as account top-up/management fees, card-related fees, currency conversion fees, etc.). Fee schedules will be published within the MPChat application or on our website. We reserve the right to adjust the fee schedules.
You are solely responsible for determining, reporting, and remitting all applicable taxes that may arise from your use of the Service and your financial transactions or any taxable income generated from using the Service.
The Service is provided on an "as is" and "as available" basis. We make no warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, secure, reliable, or that information will be accurate or complete.
You understand and agree that when using payment features such as transfers, you are responsible for carefully verifying the recipient's information. You shall bear any financial loss resulting from your own operational errors (such as transferring to the wrong account or leaking your password). MPChat is not liable for user-to-user transfer errors not caused by us.
To the maximum extent permitted by law, in no event shall we be liable for any indirect, incidental, consequential, special, or punitive damages (including loss of profits, data, or goodwill) arising out of or in connection with this Agreement or the use of the Service, even if we have been advised of the possibility of such damages.
We shall not be liable for any service interruption or loss resulting from causes outside our reasonable control, such as acts of God, war, terrorism, government actions, network failures, or cyber-attacks.
You agree to indemnify, defend, and hold harmless us, our affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your breach of this Agreement, misuse of the Service, violation of any third-party rights, or violation of any applicable laws.
We reserve the right, at our sole discretion, to modify this Agreement at any time. For material changes, we will notify you through reasonable means, such as an in-app notice, a notice on our website, or an email. The modified Agreement will become effective on the date specified. Your continued use of the Service after the changes constitutes your acceptance of the modified Agreement. If you do not agree to the modifications, you must stop using the Service.
Upon termination, your right to use the Service will immediately cease. Certain provisions (such as those regarding intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive the termination of this Agreement.
You represent and warrant that you will be independently and solely responsible for understanding and complying with all applicable laws, regulations, and policies in any and all jurisdictions to which you are subject and in which you use any MPChat services.
By using MPChat services, you acknowledge and agree that it is your obligation to ensure that your use of the Service is lawful and compliant in your jurisdiction. You shall be solely liable for any and all liability, penalties, or claims arising from your failure to comply with local laws.
This Agreement, along with any other policies and guidelines we may publish from time to time (such as the Privacy Policy and specific service terms), constitutes the entire agreement between you and us regarding the Service and supersedes any prior oral or written agreements.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in full force and effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You may not assign any of your rights or obligations under this Agreement without our prior written consent. We are entitled to assign any or all of our rights and obligations under this Agreement to our affiliates or to any third party in connection with a merger, acquisition, reorganization, or sale of assets.
We may provide you with notices related to the Service via email, in-app notifications, or by posting on our website.
The section headings in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement may be provided in multiple languages. In the event of any conflict or inconsistency between different language versions, the English version shall prevail.
If you have any questions about this Agreement, please contact us at: support@mpchats.com
Please confirm again that you have carefully read and understood all terms of this Agreement.