Our app depends upon internet connection, therefore, our Services have “No Access to Emergency Calls or Services”, or in other words, without an internet connection,
you are unable to use our apps, services, features, software and website. Our app does not, in any way, connect to emergency services providers such as the police,
fire departments, hospitals, or public safety access points.
If you need emergency services, you will need to use a mobile phone, or a land-land phone or other services to contact emergency services providers,
and not our apps, services, features, software and website.
In order to use our Services, you must register or sign-up by providing your real and correct mobile phone number. Should you use a mobile number that is not in service or does not belong to you, you will be unable to use our app. You must make sure that your mobile phone can receive text messages, and you agree to receive text messages and phone calls from us or our partnered parties.
It is your responsibility for keeping your device and your Version Chat account safe and secure. If you suspect that your account was subject to any unauthorized use, we ask you to notify us immediately with respect to any such suspected unauthorized use.
In order to provide you with better performance and additional features, we may update our app versions from time to time. Any updates will be at our sole discretion, and you will be notified with respect to such update via our app. You acknowledge and agree that if you choose not to keep our app updated, you may incur certain performance and feature problems. We recommend you to update our app promptly upon release of such update.
In order to properly use our Services, you agree to grant us and our app, and hereby grant us and our app, immediate and continuous access to your Phone Contact Book.
In order to use our Services and app, you must be at least 13 years of age for most countries, or the minimum legal age that is greater than 13, depending upon where you are located (a parental consent may be needed for an under-aged user).
You must have a compatible smartphone/mobile with internet connection (either through WIFI or data services) to install our app and use our services. With our VC+ Web, you can access our Services via website, which, however, requires an authentication from your mobile phone by scanning a QR code in the website to initiate.
You are responsible for any and all fees and taxes charged for your internet access. All of our Services are free of charge, except for our built-in wallet function, which is provided by our partnered party. Currently, our wallet function is not available. We anticipate that t will be added in the future, and will be available for an additional service charge. You will be notified with respect to fees and taxes, if any, that apply to any paid Services.
Your privacy and data security are our first priority. We ensure that, other than the automatically collected information and undelivered messages,
which are discussed below, our servers do not retain any copies of your messages, photos/images, media, audio/video calls records (collectively called “User Data”),
except for your registration and account information and profile image. We implement the best-in-class encryption algorithm
to ensure that all of your messages, photos/images, audio/video are end-to-end encrypted during transmission via our platform.
You acknowledge and agree that we can collect, among other information, the following services-related information for diagnostic and performance purposes.
We collect your usage and log information such as how you use and access to our Services, how you interact with others, your usage time and log files, performance logs and crash reports.
If you use our pay Services, we will retain your transactional information such as invoices, payment confirmation and status, and related account information.
We collect device-specific information when our app is installed and updated, and when the app and our Services are accessed on regular basis. This information may include device model, OS information, browser information, IP address, phone number, device identifiers, your location information, and other network-related information.
In order to provide our Services and improve your experience, we may use cookies. For instance, the cookies can be used to remember your web activities and your choices such as language preferences, web form inputs. You can disable the cookies, however, some features and functions may not be available without enabled cookies.
We collect information about your status, such as, when you connect (online or not), the last time you used our Services or app, what’s new, typing, messages delivery status, among others. By using our Services, you agree that we can use such data in accordance with our Terms. We may disclose the information which is automatically-collected about you if we are required by law to do so or if you violate our Terms of Use & Policy.
You must agree and abide by these Terms of Use and other relevant Policies posted from time to time on our website or included in our app. If you violate those Terms of Use and Policies, we may disable your account without any warning or prior notification. If your account is disabled, you will not be able to re-activate your account and use our Services or apps without our express permission.
You must access and use our Services only asis legally permissible in the jurisdiction where you reside, and only for authorized and acceptable purposes.
The following sets out the prohibited uses with respect to our Services:
 
 
 
 
 
o Send, post or upload any content to other user(s) or group(s) that could lead to defame, offend, abuse, destruct, threaten, harass, intimidate, stalk, hate, or otherwise that is inappropriate, unlawful, obscene, racially, or ethnically offensive, or that could induce or encourage conduct that would be illegal, inappropriate, or discriminatory, or promoting violent crimes;
o Send, post or upload any content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
o Send, post or upload false or misleading statements, or misrepresentations;
o Attempt to impersonate someone, or access or hack other user’s account or our servers for unauthorized, unacceptable, or illegal purposes;
o Use our Services in connection with surveys, contests, junk email, spamming, auto-messaging, auto-dialing, or any duplicative messages (commercial or otherwise) to our users or groups, or create accounts for our Services through unauthorized or automated means;
o Send, post or upload files that contain bugs, robot, viruses, Trojan horses, worms, or any other similar software or programs that may damage our app and server, and harm to our Services performances;>
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 use third-party data backup services (such as Google Drive, iCloud, Onshare) that are integrated with our Services.
Please be advised that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Since our server doesn’t retain any copies of your information transmitted via our Services, you must have the necessary rights to
such information that you submit via your Version Chat account via our Services.
We own all software, copyrights, trademarks, domains, logos, patents, trade secrets, and all other intellectual property rights associated with our Services.
You may not use our software, copyrights, trademarks, domains, logos, patents, trade secrets, and all other intellectual property rights unless you have our express permission.
In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, irrevocable and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (EXCLUDING User Data) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. With respect to your undelivered messages, you allow us to keep those on our sever until they are successfully delivered within the maximum of 7 days, while we are trying to deliver them. If we cannot deliver them within 7 days, all undelivered messages will be completely deleted from our server.
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS:
 
 
 
 
 
THE VERSION CHAT PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, DIRECT, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF,
OR IN ANY WAY IN CONNECTION WITH THE TERMS, US, OR OUR SERVICES, EVEN IF THE VERSION CHAT 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 THE TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF CANADIAN ONE HUNDRED DOLLARS (CAD 100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR 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 VERSION CHAT PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
You agree to defend, indemnify, and hold harmless the VERSION CHAT 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: (a) your access to or use of our Services, including information provided in connection therewith;
(b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
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.
We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate 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 Version Chat: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Availability and Termination of our Services,” “Others,” and “Special Arbitration Provision for United States or Canada Users.”
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF ANY OF OUR SERVICES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT,
EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS (NON-CLASS OR NON_REPRESENTATIVE) QUALIFY. You and Version Chat agree to arbitrate all Claims
by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS,
PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.
YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST VERSIONCHAT.
You can decline this consent to arbitrate by notifying us in writing, with the notice postmarked within 30 days of the later of: (i) the date that you first accepted our Terms by using our Services; and (ii) the date you became subject to this arbitration provision, to the following address:
Version Chat Inc.
1111 West Hastings Street (Suite 790)
Vancouver, BC V6E 2J3
Canada
In your notice you must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.
All Claims will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (https://www.adr.org) to take place in Seattle, WA, where such arbitration is conducted in the United States, or the International Centre for Dispute Resolution Canada (https://www.icdr.org) to take place in Vancouver, BC, where such arbitration is conducted in Canada. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the provincial and supreme courts in Vancouver, British Columbia, to resolve your claim.
If any provision of this arbitration consent is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
If you are not subject to the jurisdiction of United States or Canada, you expressly agree that you will resolve any Claim you have with us relating to, arising out of,
or in any way in connection with the Terms, us, or our Services exclusively in the Supreme Court of the Province of British Columbia, Canada or a provincial court located in Vancouver,
British Columbia, Canada, as applicable, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Claims.
With Version Chat, these Terms, and any related Claims will be governed by British Columbia law and/or applicable Canadian federal law as applied to agreements entered into
and to be performed entirely within British Columbia, without regard to choice of law or conflicts of law principles.