Roka & Conditions

Last updated: Dec 25, 2024

Preamble

Please carefully read the following provisions of this Terms Conditions (“Terms”). These Terms constitute a binding legal agreement between you (“you”, “your” or “user”) and FUN CHAT TECHNOLOGY, Inc. , as applicable (collectively, “we”, “our”, or “us”), governing your access and use of all features, content, and other services provided by us, including without limitation, our website available from official website and all subdomains (“Website”) and applications (“App(s)”; collectively with the Website, “Services“). All references to “you” or “your” as applicable, mean the person who accesses, uses, or participates in the Services.

By using our Services, or by clicking on "Sign Up" during the registration process, you agree to all terms of this Agreement. We, at our sole discretion, may revise this Agreement from time to time, and the current version will be found at the following link: Settings>Privacy settings>User Agreement. By continuing to avail our Services, you agree to be bound by the revised Agreement.

The Services are intended solely for users who are at least eighteen (18) years of age, or older, and can form a legally binding contract under applicable law (collectively, “Age of Consent”). Any registration, use or access to the Services by anyone under the Age of Consent is unauthorized, unlicensed, and in violation of the Terms.

By accessing or otherwise using the Services, you represent and warrant that you: (a) are a natural person over the Age of Consent, who is personally assigned to the email address and other information submitted in relation to your account; (b) agree to abide by these Terms and all applicable laws at all times; (c) have the legal authority to form a binding contract with us; and (d) are physically located in a jurisdiction where the use of the Services is permitted by law.

We reserves the right to terminate or suspend your account, delete any content or information you have submitted, and prohibit you from using the Services, with or without notice if it has any reason to believe that you are under the Age of Consent in your jurisdiction, or that the Services are prohibited in your jurisdiction.

Your Account

To use and access certain features of the Services, you may be required to register and create an account. During the registration process, you will be asked to provide us with certain information such as an account name and password.

We may permit you to register for and log on to the Services via certain third party services. The third party’s collection, use and disclosure of your information will be subject to that third party service’s privacy policy. Further information about how YEPPO collects, uses and discloses your personal information when you link your YEPPO account and with your account on any third party service can be found in our Privacy Policy.

You are solely responsible for keeping your account information secure. Please do not share your account information with anyone. By accepting these Terms and registering an account, you agree to notify us immediately, if you have lost control of your account information or you suspect there is unauthorized or suspicious activity in your account, as detailed in the "Contact Us" section. However, you remain fully liable for any actions taken with respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.

As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (a) access your account; or (b) access the Services through your account; and (c) accept or use Coins, other Digital Roka or Diamonds from your account.

We reserve the right to verify your registration details, such as name, address, age, and payment methods used, at any time, by requesting certain documents. These documents shall typically include an identity card, proof of address, and proof of your payment method. If deemed necessary, we may request that the said document copies be notarized, meaning that the documents are stamped and attested by a public notary. In the event our requests for documents are not completed by you, we may at its sole discretion terminate your account, and withhold any funds or virtual Roka (including Virtual Roka and Diamonds, as defined below) that are present therein.

You agree to update any provided information or data or to provide additional Roka as part of ongoing efforts to prevent money laundering and illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an account or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers such as age verification and identification services to verify your account.

If you no longer want to use our Services again, you can request deletion of your account through Me > Settings > Security Setting > Cancel Account in the app. If you have any trouble deleting your account, we can take care of this for you. Please contact us, and we will provide you with further assistance and guide you through the process. 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. Learn more about your right to erasure and deletion of your personal information in our Privacy Policy.

Intellectual Property; Ownership

All title, ownership and intellectual property rights in and to the Services, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Digital Item (as defined below), and any part thereof, including derivative works, of our and other companies providing services to us, are the property of us or their respective owners. As a user of the Services, you agree not to use, copy, reproduce, publish or borrow any of the aforementioned content or trademarked work without explicit permission from us or the owner thereof. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other party 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 materials or content accessible on the Services.

Content Obligations

By using our Services, you acknowledge that we implement and utilize content moderation mechanisms, both automated and manual. We explicitly prohibit content falling within the following categories, as defined in our Community Guidelines ("Prohibited Content"):

• Illegal Activity: Content promoting or facilitating illegal activities, including violence, terrorism, drug use, or hate crimes;
• Hate Speech: Content that attacks a person or group on the basis of race, ethnicity, religion, nationality, disability, sexual orientation, gender identity, or other protected characteristics;
• Harassment and Bullying: Content that threatens violence against an individual or group or that is intended to intimidate, threaten, or abuse another person. This includes cyberbullying and doxing;
• Child Sexual Abuse Content (CSAM): Any content depicting the sexual abuse of a minor. We have zero tolerance for CSAM;
• Violent threats: content that threatens violence against an individual or group;
• Intellectual Property Infringement: Content that violates intellectual property rights, such as unauthorized streaming of copyrighted material;
• Misinformation and Disinformation: Spreading demonstrably false or misleading information, particularly regarding public health or safety;
• Spam and Malicious Content: Unsolicited commercial messages, phishing attempts, or malware distribution.
• Promotion of Self-Harm: Content that encourages or glorifies self-harm or suicide.

YEPPO takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is YEPPO liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

We may, at its discretion, utilize automated, semi-automated tools, and human checks of Broadcast Content and Content. We reserve the right, at our discretion and at any time, to remove, refuse to share, transmit, upload, display, or publish any material, content, or information provided by you or any Content for the purpose of enforcing these Terms or for any other reason deemed appropriate by us.

We encourage users to report any content that violates these Terms or our policies using the designated reporting tools within our Services.

Products and Services of Third Parties

The Services may be incorporated into and may incorporate itself, software and other technology owned and controlled by third parties. Any such third-party software or technology that is incorporated into the Services falls under the scope of these Terms. Portions of the Service may include software that we license from third parties, which may include open source and related components (“Third Party Software”) and is subject to the terms imposed by third-party licensors. We do not make any warranty with respect to Third Party Software.

The Services may include links or references to third-party websites or applications offering products or services, including games, applications, third-party shopping merchants, images, special offers, or other events or activities, that are operated and maintained by other persons and/or that are not owned by us (“Reference Sites“). These Terms do not apply to Reference Sites. Please be aware of when you visit or use any Reference Sites, and we encourage you to read these Terms and privacy policies of any Reference Sites that you visit or use.

We does not assume any responsibility for Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. You expressly relieve us from any and all liability arising from your use of any Reference Sites.

If you have downloaded the App from the Apple, Inc. ("Apple") App Store or if you are using the Services on an iOS device, you acknowledge that you have read, understood, and agreed to the following notice regarding Apple. These Terms are between you and us only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Services to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third-party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Apps infringe that third-party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

For particular devices, we may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees and by providing your permission, you agree to pay all additional fees.

Fees and Virtual Roka

You can only buy virtual coins (“Coins”) and virtual gifts (Gifts), send Gifts to others, receive Gifts with monetary value, earn virtual beans (“Beans”) and withdraw Beans if you are aged 18 (or age of majority in your jurisdiction) or older.

The price of the Coins and Beans will be displayed at the point of purchase. All charges and payments will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider.

You will be responsible for the payment of any Coins purchased by you. Once your purchase has been completed, your user account will be credited with Coins or Beans. Coins can be used to purchase Gifts, Beans can be used to play games or other services. Coins and Beans cannot be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit. Which can only be used on YEPPO and as part of our Services, and cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by us.

Except as otherwise set out in this Agreement, all sales of Coins and Beans and Gifts are final, and we do not offer refunds for any purchased Diamonds and Gifts. Coins and Beans and Gifts cannot be converted into or exchanged for cash, or be refunded or reimbursed by us for any reason.

The ratio of real currency to Coins and Digital Roka is determined by us, and we may modify this ratio at any time without notice. Your use of the Services constitutes acceptance of the current ratio at the time of purchase. We may update its terms of sale for Coins and Digital Roka, and you agree to review these terms before making any purchases.

Users, Broadcasters, and everyone who uses our Services are strictly prohibited from engaging in self-gifting activities on our platform. Self-gifting refers to the act of a user sending, attempting to send, or assisting to send, Coins, Digital Roka, or any form of benefit to themselves, either directly or indirectly. In the event we detect self- gifting behaviors through various monitoring tools, we may at its sole discretion terminate your account, and withhold any funds or virtual Roka (including Digital Roka and Diamonds) that are present therein.

We maintains a strict stance against fraud. Please be aware that, in addition to pursuing any appropriate legal actions, We reserves the right to terminate your access to the Services and/or permanently seize any Coins from your account that are determined, at our sole discretion, to have been obtained through fraudulent or improper means. Prior to such confiscation, We will notify you to allow for an opportunity to appeal via the Services. However, please note that our decision, made at its sole discretion, will be final and binding.

If your account balance regarding Coins is inaccurate due to system maintenance or technical failures, we will make commercially reasonable efforts to rectify the situation. Feel free to reach out to us regarding your Coin balance,

From time to time, we may offer limited-time promotions, contests, and special offers (“Promotion”). Please review the official rules associated with such Promotions and any other terms and conditions that apply to such Promotions. They will apply in addition to these Terms.

Termination and Breach of Contract

You may terminate your use of the Services at any time by uninstalling and deleting the Services from all of your devices. If you have subscribed to any Premium Services, you agree that you are solely responsible for directly terminating all future payment obligations you may have with any Store and/or payment processing service in connection with the Premium Services. You may choose to delete your account prior to deleting the Services from your device. We will then delete all your content and account details. We reserves to right to retain any of Your data that necessary to comply with any applicable law or legal obligation.

We reserves the right at its sole discretion to restrict, suspend, terminate, modify, or delete accounts or access to and use the Services and any other features without any obligation to compensate you for any resulting losses. Without limiting any other remedies, We may remove, block, suspend, at its sole discretion, any Content you share on the Service, as well as modify, limit, suspend, discontinue, or terminate any of the Terms, access, and/or your use of all or any part of the Services with immediate effect automatically, with or without notice and without recourse to the courts or other tribunals for any reason or for no reason, including without limitation if we believes that you are:

• (a)in breach of any of the terms of any of the Terms;
• (b)creating problems or legal and/or regulatory liabilities (actual or potential);
• (c)delinquent with respect to any charges due for a Premium Service;
• (d)infringing a third party’s intellectual property rights;
• (e)displaying, transmitting, or sharing any Prohibited Content;
• (f)engaging in fraudulent, immoral, or illegal activities;
• (g)illegal or improper use of your account or the Services or improper use of our intellectual property;
• (h)endangering our user community.

You agree that we are under no obligation to provide the Services, including without limitation any Premium Services, and that neither we nor any third party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination, or modification of the Services.

DISCLAIMERS

By accessing, using, or downloading the Service, you acknowledge and agree that your utilization of the Service, any available Service's feature and inclusive of all content, shall be solely at your own risk and is provided on an "as is" basis. We Parties disclaim all warranties, conditions, or other terms of any kind, whether explicit or implied, in connection with the Service and your use thereof, including but not limited to implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose, or non-infringement, as well as warranties regarding usefulness, authority, accuracy, completeness, and timeliness..

We Parties makes no warranties or representations that the Services provided by us or by any linked sites will be uninterrupted, up-to-date, complete or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected. We Parties assumes no liability for:

• (a)Error, omission, deletion, defect, or any failure to perform, error, omission, interruption, deletion, defect or delay in operation;
• (b)Personal injury or property damage resulting from Service access and usage;
• (c)Unauthorized access to your account;
• (d)Interruption or cessation of transmission to or from the Service;
• (e)Transmission of harmful components by third parties, such as bugs, viruses, trojan horses, or similar;
• (f)Malfunctions in computer systems, hardware, software, or program operations, or any other errors, failures, or delays arising from Service access or usage;
• (g)Quality, accuracy, completeness, or validity of any information, data, any feature or component of the Service;
• (h)Suitability of the Service to meet your requirements, or the security of transmissions or data.

You understand and agree that the use of the Services is at your own discretion and risk and that you will be solely responsible for any damage and any losses that results from the Service or any of the related services, including any loss of data, loss of Coins, or damage to your property (including your device and computer system). You understand and agree that any loss of any kind you incur while using the Services and any other related services and features is solely your responsibility. The company disclaims any liability for any such losses. You expressly waive any claims or demands of any kind against the company for any losses incurred as a result of your use of the Services and any other related services and features.

By accessing or using the Service, you agree that we are not responsible for any damage, loss, or injury resulting from unauthorized access or use, such as hacking or tampering. Unauthorized access attempts, interference with Service procedures, or intentional damage to the Service may result in civil and/or criminal prosecution, immediate termination of participation, and forfeiture of any Digital Roka. Any fraudulent activity, including automated or fraudulent methods of access, will lead to prosecution, participation termination, and Digital Roka forfeiture.

LIMITATION OF LIABILITIES

To the maximum extent permitted by applicable law, in no event shall the We Parties be liable to you or any third party for: (a) Any special, direct, indirect, incidental, punitive, exemplary, or consequential damages, including lost profits, data, goodwill, legal fees, expert fees, substitute service costs, lost opportunities, or other expenses, arising from Service reliance or usage; (b) Third-party conduct, including other user actions or external site operators.

You agree to release, discharge, defend, indemnify, and hold us and its affiliates, subsidiaries, directors, officers, agents, contractors, partners, and employees harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising from:

• (a)Your Service use or misuse;
• (b)Violation of these Terms;
• (c)Breach of representations, warranties, and covenants;
• (d)Violation of third-party rights, including copyright, property, or privacy;
• (e)Claims of user submissions causing third-party damage;
• (f)User Content or Content shared on or through the Service.

However, in no event shall the aggregate liability of the We Parties exceed the amount you paid to us for any products or services purchased from us on any of the services during the six (6) month period immediately preceding any claim. The foregoing limitations will apply even if the above-stated remedy fails in its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the We Parties will be limited to the maximum extent possible under applicable law.

You and We agree that any cause of action arising out of or related to any of the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Governing Laws and Dispute Resolution

These Terms and any disputes arising out of or related to the use of our services shall be governed by and construed in accordance with the laws of:

For users outside the EU: The laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents, and by the laws of the United States, excluding its conflict of law principles, shall apply. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to the Terms. You agree that the Services shall be deemed solely based in New York and each a passive Service that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of New York.

You and us will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. That notice should contain proof of your relationship with us, the nature and legal basis for your or our dispute, and an individual monetary demand if you or we are seeking such relief. During this period, the parties shall use their best efforts to settle any dispute, claim or disagreement. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration.

Any dispute, claim or controversy arising out of or relating to any of the Terms, including this provision, or the formation, applicability, interpretation, breach, termination, validity or enforceability thereof, shall be determined by arbitration. The arbitration shall be conducted by one arbitrator and administered by the International Chamber of Commerce ("ICC") in accordance with the ICC Arbitration Rules in effect at the time of the commencement of the arbitration except as they may be modified herein. The seat of the arbitration shall be in New York, United States of America, and it shall be conducted in the English language. You agree that the existence of the arbitration, any information provided in the arbitration, and any submissions, orders or awards ("Confidential Information") made in the arbitration shall be kept confidential and you agree not to consent to the publication of the Confidential Information.

Furthermore, you agree that neither you nor us will join any claim with the claim of any other person or entity in arbitration; that no claim will be resolved on a class-wide basis; and that neither you nor us will assert any claim in a representative capacity on behalf of anyone else. Notwithstanding the foregoing, you agree that we shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree not to commence or prosecute any action against any We Party other than by filing an arbitration complaint in accordance with this paragraph. By agreeing to be bound by the Terms, you are waiving any right you have to seek relief in a court of law and any right you have to a trial by jury. The parties further agree that, if and to the extent this agreement to arbitrate is held not apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.

General Terms

This Agreement constitutes the entire agreement of agreed Roka and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.

If any provision of this Agreement is rendered void or unenforceable by competent authorities, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding.

The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.