Terms of Service

We've drafted these Terms of Service (which we simply call the "Terms") so that you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and ShortsWave Team. So please read them carefully.

By accessing or using the Platform, you confirm that you unconditionally accept these Terms and that you agree to fully comply with them. Please read these Terms carefully before using the Platform. If you do not agree to these Terms, please do not use the Platform and you are not granted permission to access, view, or otherwise use the Platform for any purpose.

The following Terms of Service outline your obligations when using our mobile application (“App”) or Service (as defined herein), or any of the information, text, graphics, videos, or other files, materials, data or content of any kind whatsoever created or provided by or through the App or the Service or through your ability to sell products on the App and generate User Contributed Content (as defined herein). Please also review our Privacy Policy, which is a part of these Terms of Service and which outlines our practices towards handling any personal information that you may provide to us.

The App and the Service are owned and operated by ShortsWave Team. (“ShortsWave,” “we,” or “us”) and are accessed by you under the Terms of Service described herein (“Terms of Service” or “Agreement”). Please read these Terms of Service carefully before using the App or the Service. By accessing the App or using any part of the Service, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the App or use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UPFRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND ShortsWave AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND ShortsWave WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Your Acceptance of the Terms of Use:

You must be at least 13 years old (16 or older in the European Union/European Economic Area) to access or use our Services. If you are under the age of 13 (16 in the European Union/European Economic Area), you must have your parent or guardian's consent to access or use our Services. You must also comply with all applicable laws and regulations in your jurisdiction.

To use certain features of the Platform, you are required to register for a ShortsWave account (an “Account”). You agree that all information that you submit during the Account signup process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful, and you shall keep the same up to date.

After agreeing to these terms of service, we will automatically generate a default account for you. With this account, you can access basic app functionalities, including but not limited to third-party login, browsing, and making purchases.

Your Account is unique and personal to you, and you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your Account.

If you no longer want to use our Services anymore and would like your account deleted, You can use the "Delete account" button to carry out this operation. We will clear your relevant information in the app. If you have uninstalled the app, you can email us at shortswave_feedback@outlook.com to request deletion of user data. 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 (including free content and paid content).

You have the ability to delete your Account, and you should understand that upon deletion of your Account, you will lose the right to access or use all or part of the Platform.

We reserve the right to disable, suspend, or terminate your Account, at any time, for any reason in our discretion, especially when you fail to comply with any provision of these Terms.

Content and Conduct

Our content policy, (“Content Policy”), sets out, among other things, the terms on ShortsWave’s uses of Content which writers and publishers upload to the Platform. You must review and agree to the Content Policy prior to uploading any Works on the Platform.

For the avoidance of doubt, all rights not expressly granted to ShortsWave herein shall be reserved to you and ShortsWave is not claiming any ownership in and to your Content.

Purchases and Payments

We may offer various friends making Services that you can purchase and use through the Services. You don't own these Services; instead you buy enough app gems to use them. You'll always be shown the price for Services before you complete a purchase. But ShortsWave does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's iOS Store and Google's Google Play Store, among others). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.

Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT ShortsWave IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

Some of the Virtual Products we offer are for one-time use only, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.

It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.

ShortsWave does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate Terms of Service.

ShortsWave offers in-app purchases ("IAP") through iTunes, Google Play or other application platforms authorized by ShortsWave. If you choose to make an IAP, you will be prompted to enter details for your account with your application platform, and your application platform account (e.g. iTunes Account) will be charged for the IAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for IAP that apply to your application platform account. Some application platforms may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription IAP, your application platform account will continue to be billed for the subscription until you cancel the IAP. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you can do so within the ShortsWave app or log in to your application platform account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the ShortsWave application from your device. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. Deleting your account on ShortsWave or deleting the ShortsWave application from your device does not cancel your subscription; ShortsWave will retain all funds charged to your application platform until you cancel your subscription.

Generally, all charges for IAP are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not ShortsWave. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account: please contact Google Play customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).

User-Generated Content

Some features of our Services allow you to create, post, share, or otherwise make available content such as comments, likes, shares, etc., ("User Content"). You retain ownership of your User Content and are solely responsible for it. By creating, posting, sharing, or otherwise making available User Content on our Services, you grant us a perpetual, irrevocable,non-exclusive,worldwide,royalty-free,sub-licensable,and transferable license to use, copy, modify, adapt, distribute, publicly display, perform, and otherwise exploit your User Content in connection with our Services and our business, including for promotional purposes, without any compensation or notice to you. You represent and warrant that you have the right and authority to grant us this license and that your User Content does not infringe or violate any rights of any third party or any applicable laws or regulations. We reserve the right to review, remove, edit, or disable any User Content that we deem inappropriate, Offensive, harmful, illegal, or otherwise objectionable at our sole discretion. You understand and agree that we are not responsible or liable for any User Content or its accuracy, quality, reliability, or suitability. You use our Services and User Content at your own risk.

Our Rights in the Services

You may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from ShortsWave or as set out in this clause. Please do not use our logo or trademarks in any way that might suggest ShortsWave endorses a particular product or service, or you have a business relationship with ShortsWave. Please do not alter, stretch, condense, embellish, add sparkles to, or otherwise change our logo in any way.

ShortsWave may change, terminate, or restrict access to any aspect of the Services, at any time, without notice. We can remove any content you post or submit for any reason. ShortsWave may access, read, preserve, and disclose any information as we reasonably believe is necessary to

1.satisfy any applicable law, regulation, legal process or governmental request,

2.enforce the Terms of Service, including investigation of potential violations,

3.detect, prevent, or otherwise address fraud, security or technical issues,

4.respond to user support requests, or

5.protect the rights, property or safety of the Services, its users and the public.

Disclaimer of Warranties

The Platform is made available “as is”, “as available”, and “with all faults” for the stated purposes herein. Use of the Platform is entirely at your own risk and you should use your best judgment and exercise caution while using the Platform.

ShortsWave makes no guarantee that your use of the Platform, and all other features or functionalities associated with the Platform, or delivery or display of the Platform, will be available, uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. You understand and agree that you use the Platform, and use, access, download, or otherwise obtain materials or content through the Platform and any associated sites or Platforms, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use if the Platform or the download or use of that material or content.

ShortsWave does not guarantee the availability, delivery, performance, pricing, or punctuality of any Works or other Intellectual Property appearing on the Platform. Without limitation, this includes making no guarantee that any future Episodes of a Work are posted by a writer or publisher in a timely manner, that Works will remain available on the Platform, or the pricing of Works or Services.

ShortsWave assumes no responsibility for the deletion or failure to store any Comments or other information submitted by you to the Platform, and we expressly do not promise to store or keep any Comments that you have submitted to the Platform. You are solely responsible for saving backup copies of any Comments that you upload to the Platform.

You understand and agree that ShortsWave is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.

Limitation of Liability

To the fullest extent permitted by law, we and our affiliates, directors, officers, employees, agents, licensors, and partners will not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising from or relating to your access or use of or inability to access or use our Services or content or any User Content or feedback and suggestions or any third-party websites or services linked to or from our Services or content. This limitation of liability applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions or limitations may not apply to you.

Indemnification

You are responsible for your use of the Platform, and you will defend and indemnify ShortsWave and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “ShortsWave Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

ShortsWave reserves the right to take over the exclusive defense of Claims for which ShortsWave is entitled to indemnification, and in such event, you shall provide prompt and reasonable cooperation to ShortsWave at your own expense.

Termination

Your rights to end the contract: You may terminate these Terms of Use at any time and for any reason by (a) contacting ShortsWave through shortswave_feedback@outlook.com notifying us of your termination, (b) deleting or otherwise destroying all service-related materials; and (c) ceasing use of the Service. Our rights to end the contract: we reserve the right to terminate your access to and use of our Services at any time and for any reason without notice or liability to you. We may also suspend your access to and use of our Services if we suspect that you have violated these Terms or any applicable laws or regulations or any rights of any third party. Upon termination of your access to and use of our Services, your account and all related information and files will be deleted. Any sections of these terms that by their nature should survive termination will survive termination.

Changes to These Terms

We reserve the right to change these Terms at any time and at our sole discretion. We will notify you of any changes by posting the updated Terms on our app or by sending you an email. Your continued access to and use of our Services after we post the updated Terms will constitute your acceptance of the changes. If you do not agree to the changes, you must stop accessing and using our Services.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Singapore. You agree to submit to the exclusive jurisdiction of the courts located in Singapore for any disputes arising from or relating to these Terms or our Services.

ShortsWave welcomes comments, questions, concerns, or suggestions. Please send feedback to shortswave_feedback@outlook.com