End User License Agreement
guage Dual Chat
(Last revised: December 2024)
This End User License Agreement (“ EULA ”) constitutes a legal agreement between the developer and owner of Dual Chat For WApp (“Company”, “we” or “us”) and the user of our mobile application (referred to as “User”, “you” and “Application” respectively). This EULA governs your use of the Application and the Services (defined below) it provides.
Please read this EULA and our Privacy Policy carefully and make sure you understand and agree to these terms. By installing the Application, creating an account, using our Services or subscribing to use our paid services, you hereby represent and warrant that you have read, understood and agree to be bound by this EULA. If you do not agree to be bound by this EULA or any part thereof, you should stop using the Application and Services, delete your account and uninstall the Application.
Acceptance of EULA: Please read this EULA carefully before downloading or using the Application and Services. You acknowledge that this EULA constitutes a binding and enforceable legal electronic contract between you and the Company. By installing and using the App and Services, you acknowledge that you have read, understood and agree to be bound by this EULA and agree to use the App and the services it provides in accordance with the terms set forth herein and to comply with all applicable laws and regulations regarding your use of the App. If you do not agree to the provisions of this EULA or any part thereof, you may not use the App and may uninstall it if applicable.
Age Limits and Eligibility
You hereby represent and warrant that you are at least 16 years of age and are eligible to enter into these Terms. You further represent and warrant that you are not prohibited from entering into any agreement by any authority, judicial order or law.
Amendments
We reserve the right to amend or modify this EULA from time to time at our sole discretion. Such amendments shall be effective as of the "Last Revised" heading at the top of this EULA. If we determine in our sole discretion that the changes we make are material, we will make reasonable efforts to notify you upon notice. We recommend that you review this EULA periodically because your continued use of the App and Services after the date of the Last Revision constitutes your acceptance and agreement to be bound by those changes.
Applications, Services
Depending on the Applications you choose to install, we may provide you with a variety of services such as: photo and video editing, utility programs, game enhancers, device wallpapers, WhatsApp powered applications, notification bar applications and accessibility applications, etc. (collectively, the “Services”). The Services depend on the availability and continuity of an Internet connection. Inadequate or interrupted connectivity may prevent the use of the Services. The Company reserves the right, in its sole discretion and in accordance with this EULA, to determine the features, settings, prices or other tools provided as part of the Services, or to modify, correct, revise, update, upgrade, enhance, improve, delete, replace or make any other changes, or to temporarily or permanently discontinue or terminate any features or functionality of the Services, with or without notice to you and without any liability to you.
App Store Terms and Third-Party Advertising
You acknowledge and agree that the availability of the Applications depends on the third party from which you download or install such Applications, namely, the App Store, Google Play and/or other application stores (each an “App Store” and collectively, the “App Stores”). You also agree to comply with all applicable agreements, terms of use or terms of service and other policies of the applicable App Store, and your permission to use the Applications is subject to your compliance with such policies. Certain features in the App are provided by our third-party service providers and are subject to their separate terms and conditions or privacy policies. In addition, the Services may contain links to third-party websites or resources and third-party advertisements (collectively, "Third-Party Ads"). Such Third-Party Ads have separate terms of use and policies, and we are not responsible for the actions of any such Third-Party Ads. We do not review, approve, monitor, endorse, guarantee or make any representations about Third-Party Ads
Registration and Accounts
In order to access or use certain features of the App, you may need to register by opening an account ("Account") or logging in through a third-party tool such as Google or Facebook ("Third-Party Tool"). If you open an Account, you may need to provide details and select a password or otherwise allow us to access your account information ("Login Information") through the Third-Party Tool. You must protect your Login Information and not disclose it, and you must monitor the use of such Account. You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any security breach, including the loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your account, you must immediately notify us and modify your Login Information. Please note that if you choose to use any third-party tool to create your account, certain user data you provide to us or accessed through that third-party tool (subject to the terms and conditions applicable to that third party), including your username and photo, may be posted in your user profile and may be made available to other users. You must provide accurate and complete information when creating your account and promptly update your information (including any contact information) in the event of any changes. You also agree not to misrepresent your identity or age for the purpose of opening an account on behalf of someone other than yourself. You commit to monitor your account and restrict use by any non-qualified user. You are solely responsible for any use of the Services using your login information, including any use of your credit card or other payment instrument. We reserve the right to remove or reclaim any username at any time and for any reason, including where a third party claims that the username violates any third-party rights or otherwise violates this EULA.
If you wish to change your login information or other personal information associated with your account, you may contact us at liuyanan920313@163.com. If you wish to terminate your account, we will terminate and delete your account within a reasonable time after receiving your written request, and from the date of termination, you will no longer be able to access your account, including any other services related thereto.
Subscriptions
Certain premium services require an auto-renewing subscription fee (“Subscription”). Premium features are available via weekly, monthly or annual subscriptions or one-time payments. Subscriptions automatically renew unless you terminate or cancel your Subscription. Subscription payments are processed via Apple Pay or Google Pay and are subject to applicable terms and conditions: Terms of Service for Google Pay available here; Terms and Conditions for Apple Pay available here. You may cancel your Subscription Plan at any time via Apple Pay or Google Pay (as applicable). If you choose to cancel your Subscription, your access to the paid features will continue until the end of the billing period (as applicable) and expire thereafter, and you may be downgraded to the free service. To the extent permitted by applicable law, any fees paid by you for purchasing a Subscription Plan are non-refundable and we do not provide refunds for any partial subscription. For more information on canceling a Subscription: Apple Support Page and Google Support Page. We may offer a free trial of premium features (“Free Trial”) at our sole discretion. A Free Trial begins when you sign up for the Free Trial, is valid for a limited period, and will automatically renew unless you cancel at least 24 hours before the end of the Trial period. The terms of the automatic renewal and cancellation procedures will be disclosed prior to purchase and will be subject to Google or Apple's terms. When you sign up for a free trial, you agree that we may automatically begin charging you for the Service on a recurring basis starting on the first day after the end of your free trial, based on the subscription period you selected when signing up for the free trial. We will notify you via your email address before the end of your free trial that your free trial is about to expire. If you do not want to be charged this fee, you must cancel your subscription before the end of your free trial. We reserve the right to limit the number of trials you can take advantage of. We reserve the right to change any features or functionality of the subscription at our sole discretion. Changes to the subscription may be based on a variety of factors, such as improvements, management of the service, compliance with requirements, or legal or technical requirements. If such changes negatively impact an existing subscription more than a limited degree, you will be notified and may terminate your subscription. You are solely responsible for obtaining the equipment and telecommunications services required to access the Service, and all fees associated therewith (e.g., computing equipment and Internet service provider and airtime charges).
In-App Purchase Terms
Through the App, you may purchase (“ IAP ”) certain items and special features that are designed to enhance the performance and user experience of the Service (“Items”). When you purchase items, you do so through the Apple Store, Google Play, and/or other app stores (collectively, the "App Stores," each an "App Store"), and you agree to their respective Terms of Use. Purchases are subject to the App Store Refund Policy. As described below, items are provided "as is" and without warranty of any kind. All purchases, sales, and transactions for items are final and non-refundable unless we determine otherwise in our sole discretion. You agree that purchased items have no monetary value and do not constitute actual currency or property of any type. Items may not be sold, transferred, traded, or exchanged by us or any other person for any legally accepted payment method, merchandise, or other items of monetary value. You are granted only a limited, revocable, personal, non-transferable, and non-sublicensable license to use the items. You acknowledge that you do not acquire any ownership rights in the items. Any item balance does not reflect any stored value. You may not purchase or sell any item or your account for legally acceptable currency or otherwise exchange items for any other type of value through any means other than providing the Service. Once you have acquired the Goods, you may not trade or transfer the Goods or your account to another user unless we make such functionality available to you through features or services, whether within the App or otherwise. We may manage, control, regulate, modify or eliminate the Goods at any time, with or without notice, in our sole discretion. We will not be liable to you or any third party if we decide to exercise these rights. If your account is suspended or terminated for any reason, we may forfeit all Goods in our sole discretion. When your account is closed, whether voluntarily or involuntarily, you will not receive monetary or other compensation for unused Goods. Some jurisdictions may provide additional statutory rights, including a cooling-off period that allows you to withdraw your purchase. Nothing herein is intended to limit your right to return or withdraw from purchases of Goods under applicable law.
Content
Through the App, you may be permitted to upload, post or otherwise make available certain content, including, but not limited to, text, images, video and audio files (“User Content”). Users of the Service may also extract all or part of User Content created by other users to generate other User Content, including combining and aggregating User Content generated by multiple users. User Content, including any material contained therein, has not been verified or approved by us. Whenever you access or use features that allow you to upload or otherwise make available certain User Content through the Services, you must comply with the standards set forth in this EULA and the Company’s Copyright Policy available here (the “Copyright Policy”). Our Copyright Policy provides clear information regarding any User Content that allegedly infringes a third party’s copyright. If you believe that any User Content (including any part of any Application) infringes upon intellectual property rights owned by you or any third party on whose behalf you are authorized to act, you may submit a copyright infringement notification as detailed in the Copyright Policy.
You hereby warrant that you will fully comply with all applicable laws, statutes, regulations and policies that we make available to you in uploading User Content through the Application, and you will be responsible to us and indemnify us for any loss or damage we suffer as a result of your breach of that warranty.
Intellectual Property
Subject to the terms herein, the Company grants you a revocable, limited, non-exclusive, non-transferable, non-assignable and non-sublicensable non-commercial license to install the Application and use the Services solely for the purposes described herein (the “License”). Except as expressly provided in this EULA, we or our licensors retain all right, title and interest in and to the Services, copyrights and trademarks, images, logos product names and trade names to the fullest extent permitted by applicable law. All rights in and to the Services not expressly granted herein are reserved by us or our licensors. You acknowledge that all right, title and interest in and to the trademarks, service marks, components, code, agreements, software and documentation of the Applications and any derivatives or improvements and modifications thereto (except for third-party management tools) are our property or the property of our licensors and are protected by international copyright, trademark, patent and other proprietary rights and laws relating to trade secrets, including, without limitation, moral rights or similar rights, recognized in any country or jurisdiction worldwide. You may not use, delete, alter or remove any copyright, trademark or other proprietary rights notices in the Applications. Except as expressly provided otherwise herein, we reserve all right, title and interest in and to our Services and any content (except for third-party advertisements) provided or available in connection with the Services.
Representations, Warranties and Acceptable Use Policy
You hereby warrant that: (i) You are eligible to enter into this EULA and are not prohibited by any authority, judicial order or law from entering into any agreement; (ii) You have the legal capacity to enter into this EULA and you are thirteen (13) years of age or older; (iii) If you are acting on behalf of the Company, you have obtained all appropriate authorizations to enter into this EULA; (iv) You are the owner or authorized user of the device on which the Application is installed and you have a third-party advertising license for the Services; (v) You will install the Application and use the Services only in accordance with our instructions; and (vi) You will use the Application and Services in full compliance with all applicable laws, rules and regulations. Except as expressly provided in this EULA, you shall not, and shall not allow anyone else to, directly or indirectly: (i) alter, modify, edit, create derivative works, alter or circumvent any functionality of the Application; (ii) assert any proprietary rights in the Application or remove, modify or impair any proprietary rights notices; (iii) disable, interfere with or circumvent security-related features of the Application or impair its performance; (iv) use, access or attempt to access the Application using or with malicious code or any automated means (such as scraping, crawling or any robot, spider or the like); (v) use the Application and Services to promote, conduct or facilitate fraud, illegal or any other inappropriate activity; or (vi) alter, modify, decompile, disassemble, reverse engineer, translate, make any copy of, circumvent, crack or any inducement to extract the source code of the Application.
Disclaimer
The Application and Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including, but not limited to, representations, warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, title, and those arising by statute or course of dealing or usage of trade, fitness for purpose, incompleteness, suitability, relevance or service levels. The Company does not guarantee that the Application is or will be free of harmful or malicious code, that the Application is free of errors or bugs, or that the Company will take steps to correct them. The Company is not responsible for any consequences resulting from technical problems with the Application or Services, especially third-party management tools. The Company does not represent or warrant that the Application or Services will be available at any particular location or at any particular time. Furthermore, the Company is not responsible for any damages or errors of any kind caused by third-party management tools or their integration through the Application. The User uses the Application or Services at the User's own risk and responsibility.
The Application and Services are designed to provide support and complementary services to well-known third-party platforms and software. For clarification, any third-party platform or software does not belong to us, is not owned by us, is not affiliated with us, is not associated with us, is not authorized or endorsed by us, and we have no official association with these third-party platforms and software. You hereby acknowledge and agree that any use of our applications and services in conjunction with these third-party platforms is at their sole discretion and is subject to our terms and the respective terms, policies and regulations of the specific third-party platforms.
Limitation of Liability
You hereby acknowledge and agree that, to the maximum extent permitted by law, the Company, its affiliates and their respective officers, directors, employees and agents shall not be liable for any indirect, incidental, consequential, special or exemplary damages, including but not limited to loss of profits, loss of data, loss of business or opportunity, loss of goodwill or other intangible losses resulting from the use of or inability to use the application or services, even if the Company has been advised of the possibility of such damages. Our total and cumulative liability shall not exceed $50. Some states or jurisdictions do not allow the exclusion or limitation of liability for damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
Updates, Upgrades and Changes
We reserve the right to make any revisions to the Application and Services at any time, including any changes, upgrades or updates to any available features therein ("Revisions"). The Company is under no obligation to provide any notice of such Revisions in advance or otherwise and is not responsible for any damages or any other effects caused by the Revisions. Please note that such Revisions may be installed automatically.
Indemnification
You agree to defend, indemnify and hold harmless the Company and its affiliates and their respective officers, directors, employees and agents from any third-party claims, damages, liabilities and expenses (including reasonable attorneys' fees) arising from (i) your use of the Services inconsistent with this EULA, including negligent and wrongful conduct; (ii) your misuse or infringement of third-party rights through the Services; and (iii) your violation of any applicable laws, regulations and policies. This indemnification obligation will survive any termination or expiration of these Terms and your termination of use of the Services. You hereby release us, our officers, employees, agents, and successors from any and all losses, damages, rights, claims, and actions of any kind (including personal injury, death, and property damage), whether directly or indirectly related to or arising out of any interaction or conduct of any user of the Services or any third-party advertising.
Termination
You may terminate this EULA and your use of the Services at any time. If you wish to terminate your use of the Services, you may do so by: (i) ceasing to use the Services and deleting the Application; (ii) sending us a request to delete your account; or (iii) if you subscribe to a Plan, terminating such Subscription Plan in accordance with the Subscription Terms above. We may terminate this EULA and your access to all or part of the Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Services. We may change, modify, suspend or discontinue any aspect of the Services at any time without notice or liability to you, unless otherwise required by applicable law, in which case we will use reasonable efforts to notify you of any significant and material changes to the Services that will materially affect you. Upon expiration or termination of this EULA, all rights and licenses granted herein will immediately terminate and you shall cease using the Services. All terms detailed in these Terms which by their nature should survive termination shall survive termination and shall survive termination or expiration for whatever reason.
Our Privacy Practices
We respect the privacy of our users. Please review our Privacy Policy before using the Application and Services. Our Privacy Policy is an integral part of this EULA and is incorporated herein by reference. We encourage you to review our Privacy Policy periodically.
Miscellaneous
This EULA constitutes the entire understanding between you and the Company regarding your use of the Application and Services. If any part of this EULA is held invalid or unenforceable, such holding shall not affect the remaining terms, which shall remain valid and in full force and effect. You may not assign or transfer any of your rights under this EULA. The Company may assign its rights and obligations under this EULA to any third party at its sole discretion. In no event shall the Company's failure to enforce any right or action be deemed a waiver of such right or subsequent action in the event of a future breach. In no event shall the Company be deemed to have breached this EULA if it is unable to provide the Application, Services or any part thereof.
Contact Information
If you have any questions, please contact us: liuyanan920313@163.com