GOCHAPAA APP TERMS OF USE AGREEMENT
Last updated May 19, 2024
GoChapaa App (the “Application”) is licensed to You (End-User) by Sukuma Ventures PTE, LTD, located at 80 Robinson Road #02-00 Singapore 068898, Singapore, Singapore (hereinafter “Licensor”), for use only under the terms of this License Agreement.
By downloading the Application and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that each of Apple and Google is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Licensor is solely responsible for the licensed Application and the contents thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest Terms of Service. Licensor acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
GoChapaa App or the Application is a piece of software created to allow users to buy and sell crypto currencies with their local currencies – and customized for mobile devices.
2. SCOPE OF LICENSE
2.1 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Appstore and Google Play Terms and Conditions, and with Licensor’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.2 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Licensor’s prior written consent).
2.3 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time
2.4 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.5 Licensor reserves the right to modify the terms and conditions of licensing.
2.6 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the required technical specifications.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Licensor and You acknowledge that each of Apple and Google has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to bid, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications.
As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, ablest, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-bong of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
6. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate and indemnify us from any and all responsibilities, losses and liabilities and to refrain from taking any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion: (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
7. LIABILITY
7.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to willful misconduct and gross negligence. In any case, liability shall be limited to the actual, direct, foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
7.2 Licensor takes no accountability or responsibility for any damages caused due to or in connection with a breach of duties under Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
8. WARRANTY
8.1 Sukuma Ventures PTE warrants that the Application is free of spywares, trojan horses, viruses, or any other malwares at the time of Your download. Sukuma Ventures PTE warrants that the Application works as described in the user documentation.
8.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless whether caused by Yourself or by third parties, or if there are any other reasons outside of Licensor’s sphere of influence that affect the executability of the Application.
8.3 You are required to inspect the Application immediately after installing it and notify Sukuma Ventures PTE, LTD of any issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.
8.4 If we confirm that the Application is defective, Sukuma Ventures PTE, LTD reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the Application, and any other loss, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
8.6 If the user is an entrepreneur, any claim based on defect, fault or otherwise expires after a period of twelve (12) months after the Application was made available to the user and You hereby acknowledge and agree to such time limit. The statutory periods of limitation given by law apply for users who are individual consumers.
9. PRODUCT CLAIMS
Sukuma Ventures PTE, LTD and the End-User acknowledge that Sukuma Ventures PTE, LTD, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims; (ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation
10. LEGAL COMPLIANCE
You represent and warrant that You are (a) if an individual, an adult over the age of 18 or the higher age under the applicable law of your residence, or if a company, a company duly incorporated and validly existing under its place of incorporation, and (b) have the necessary power and authority to enter into and perform this License Agreement.
You represent and warrant that You are not located in a country that is subject to any economic or financial sanctions, trade embargoes, export controls or restrictive measures administered, enacted, imposed, or enforced from time to time by (a) the United States (including the United States Department of Treasury’s Office of Foreign Assets Control, the United States Department of Commerce’s Bureau of Industry and Security, or the United States Department of State), or (b) the United Nations Security Council, any United Nations Security Council Sanctions Committee, the State Secretariat for Economic Affairs of Switzerland or the Swiss Directorate of International Law, Office of Financial Sanctions Implementation of Her Majesty’s Treasury of the United Kingdom, the French Republic, the Federal Republic of Germany, the Grand Duchy of Luxembourg and/or the European Union, or that has been designated by the U.S. Govement, the United Nations or the European Union as a ‘terrorist supporting” country; and that You are not listed on any list of prohibited or restricted parties in the “Consolidated Sanctions List” administered by the US Office of Foreign Assets Control (OFAC); the “Entity List,” “Denied Persons List,” and “Unverified List” administered by the U.S. Commerce Department’s Bureau of Industry and Security (BIS); the European Union’s Consolidated list of persons, groups and entities subject to EU financial sanctions, the UK’s Consolidated List of Financial Sanctions Targets, the United Nations Security Council Consolidated List; or any other similar list maintained by any of the United Nations Security Council (or a committee thereof), the United States of America, the EU, the UK, Korea, or any other government authority with jurisdiction over the activities of.
11. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
GoChapaa Support Engineer 80 Robinson Road #02-00 Singapore 068898 Singapore Singapore support@gochapaa.com
12. TERMINATION
The license is valid until terminated by Sukuma Ventures PTE, LTD or by You. Your rights under this license will terminate automatically and without notice from Sukuma Ventures PTE, LTD if You fail to adhere to any of the terms and conditions of this license. Upon the termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Sukuma Ventures PTE, LTD warrants that Sukuma Ventures PTE, LTD will comply with applicable third-party terms of agreement when using licensed Application.
In accordance with Section 9 of the “Instructions for Minimum Terms of Developers End-User License Agreement, Apple and Google subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance
14. INTELLECTUAL PROPERTY RIGHTS
Sukuma Ventures PTE, LTD and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-Users possession and use of that licensed Application infringes on the third party’s intellectual property rights, Sukuma Ventures PTE, LTD, and not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
15. APPLICABLE LAW
This license agreement is governed by the laws of Singapore excluding its conflicts of law rules.
16. MISCELLANEOUS
16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
1E2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.