Terms of Service

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13); if you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us personal information, please contact us at support@monkeychat.app

The materials displayed or performed or available on or through the Services, including, but not limited to code, text, graphics, audios, information, software, sound, data, articles, photos, images, illustrations, User Generated Content (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including MonkeyChat') rights.

Subject to these Terms, we grant each Host of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that MonkeyChat owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Generated Content”. Some User Generated Content may be viewable by other users. You are solely responsible for all User Generated Content you contribute to the Services. You represent that all User Generated Content submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Generated Content that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.

In order to display your User Generated Content on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Generated Content (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Generated Content that are also your personally-identifiable information.

For all User Generated Content, you hereby grant MonkeyChat a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Generated Content, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Generated Content is not affected.

If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant MonkeyChat the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all MonkeyChat users and providing the Services necessary to do so.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, but you understand and agree that it may not be possible to completely delete that content from MonkeyChat's records, and that your User Generated Content may remain viewable elsewhere to the extent that they were copied or stored by other users.

Certain features of the Services allow you to share information with others, including through your Social Networking Services or other services where you have an account (“Third Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your Social Networking Services, you authorize MonkeyChat to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

Finally, you understand and agree that MonkeyChat, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Generated Content to conform and adapt those User Generated Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by MonkeyChat. MonkeyChat has no control over such sites and resources and MonkeyChat is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MonkeyChat will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that MonkeyChat is not responsible for such risks.

MonkeyChat has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, MonkeyChat will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with individuals found on or through the Services, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that MonkeyChat shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that MonkeyChat is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release MonkeyChat, its directors, officers, employees, contractors, advisors, agents, and successors from loss, expenses, claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

You are solely responsible for all audio, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by MonkeyChat. MonkeyChat reserves the right to investigate and take appropriate legal action against anyone who, in MonkeyChat’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

1. engage in any conversation or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of MonkeyChat, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose MonkeyChat or its users to any harm or liability of any type;

2. record any portion of a conversation without the expressed consent of all of the speakers involved

3. share information (on MonkeyChat or elsewhere) that the speaker explicitly stated was to be treated as “off the record”

4. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

5. violate any applicable local, state, national or international law, or any regulations having the force of law;

6. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

7. solicit personal information from anyone under the age of 18;

8. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

9. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

10. promote or aid in the building of a competitive product or service, copy the Service’s features or user interface, or solicit users or customers from the Service;

11. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

12. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

MonkeyChat and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (MonkeyChat and all such parties together, the “MonkeyChat Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and MonkeyChat Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. MonkeyChat Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including any Organizer Services.

THE SERVICES AND CONTENT ARE PROVIDED BY MonkeyChat (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF MonkeyChat PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO MonkeyChat IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (F) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

You agree to indemnify and hold MonkeyChat Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Discount: MonkeyChat offers subscription services, which may include discounts for certain periods of time to provide rewards, or other benefits at discounted price

Changes to Subscription Services: MonkeyChat reserves the right to suspend or change the content of the Subscription Service with reasonable prior notice. In addition, changes to the Subscription Service that are detrimental to the user will take effect at least 30) days after the company notifies the user of such changes, so that the user can cancel the renewal before the new changes take effect.Your continued use of the changed subscription service constitutes your acceptance and agreement to such changes.

Coins. MonkeyChat offers users to buy, earn, and use coins within the MonkeyChat Platform. Coins cannot be transferred to other accounts or resold in any manner. If a user’s account remains inactive for three (3) consecutive months, all coins(including free and paid coins) might be frozen, and the user will not be able to see the coins balance in their account. If a user has any requests, please contact MonkeyChat at [ support@monkeychat.app]. upon receiving the request and conducting a procedural review，MonkeyChat will solve your request as soon as possible .

Renewal and cancellation of subscription services:The subscription service is automatically renewed monthly or weekly, depending on the type of your subscription. If you do not want to renew your subscription, you must cancel your subscription service 24 hours prior to the current subscription period expiring.

For cancellation of subscription services, please follow the steps below to cancel auto-renewal:

(1) Log in to the MonkeyChat account where you purchased the subscription service.

(2) Click the MonkeyChat plus logo button in the upper right corner of the left area.

(3) Click the "cancel renewal" button.

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without PartBus' prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

These Terms are governed by and will be construed under law of California in the United States, without regard to the conflicts of laws provisions thereof.

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with MonkeyChat and limits the manner in which you can seek relief from MonkeyChat. Both you and MonkeyChat acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, MonkeyChat' officers, directors, advisors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in the United States.

(b) Small Claims Court; Notwithstanding the foregoing, either you or MonkeyChat may bring an individual action in small claims court.

(d) Waiver of Jury Trial. YOU AND MonkeyChat WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and MonkeyChat are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and MonkeyChat over whether to vacate or enforce an arbitration award, YOU AND MonkeyChat WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor MonkeyChat is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in.

(f) Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor MonkeyChat can force the other to arbitrate. To opt out, you must notify MonkeyChat in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with MonkeyChat.

(h) Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the MonkeyChat may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and MonkeyChat agree that these Terms are the complete and exclusive statement of the mutual understanding between you and MonkeyChat, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of MonkeyChat, and you do not have any authority of any kind to bind MonkeyChat in any respect whatsoever.

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, and you are responsible for familiarizing yourself with any changes. If we determine that any changes to these Terms are material, we will place an announcement on our site. We will publish the new terms on the official website for 7 days. During the publicity period, you can send your email to contact us at any time. After the publicity period ends, the terms will become effective.

You and MonkeyChat agree there are no third-party beneficiaries intended under these Terms.