Terms of Service

Last Modified: 25 December 2023

Important:  Before you use CharmChat (as defined below), we advise you to carefully read and make sure you understand the provisions of this CharmChat Service Agreement (this “Agreement”), especially those Sections that are underlined and in bold, which might exclude or limit our liabilities or highlight your obligations. CharmChat IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (the “Minors”) and we do not knowingly collect information from Minors. If you are between 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use CharmChat. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using CharmChat immediately. If you have any questions regarding CharmChat or wish to provide feedback (including, but not limited to, suggestions and complaints) to us, you can contact us via email at support@91ttmj.com (please quote “CharmChat” in your email title).

1. Scope of this Agreement. 

This Agreement is made between you and Xiamen Minger Technology Co. and its affiliates who assist us with respect to the provision of the services (collectively, “we”, “us” or “our”) for your use of our application. This Agreement incorporates the Privacy Policy. We may update this Agreement from time to time at our sole and absolute discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this Agreement, you must not use or must immediately cease your use of CharmChat. Because CharmChat is evolving over time, we may change or discontinue all or any part of CharmChat at any time and without notice, at our sole and absolute discretion. If you continue to use CharmChat after we have posted updated version of this Agreement, you are agreeing to be bound by the updated version of this Agreement. 

“CharmChat” is a software product developed, operated, and managed by us. Under this Agreement, “CharmChat” refers to the CharmChat mobile applications (the “App”), the website set up by us for CharmChat, and other services provided by us as part of the App and/or the website.

2. Protection of User Information and Personal Information. 

It is a fundamental principle of us to protect your user information and personal information. You agree that we will collect, use, store, manage and protect your user information and personal information in accordance with the provisions of this Agreement and the Privacy Policy. If you are unwilling to accept or have any question related to the Privacy Policy in whole or in part, please do not use or do cease using CharmChat immediately and you may contact us via the contact details as first written above.

3. Non-commercial Use of CharmChat. 

You agree to use CharmChat in a reasonable and legal manner in accordance with this Agreement. Unless otherwise stipulated, you may only use CharmChat for your personal and non-commercial purposes, and you may not transfer your rights under this Agreement, whether for consideration or free of charge, without our prior written consent. 

4. Your Use of CharmChat.

You shall be fully responsible for your use of CharmChat.

Although we are not obligated to monitor access to or use of CharmChat, we have the right to do so for the purpose of operating CharmChat, to ensure compliance with this Agreement and to comply with applicable law or other legal and regulatory requirements. We have the right to investigate violations of this Agreement or conducts that affect the operation of CharmChat.

If you violate this Agreement, you agree that we may, at our sole and absolute discretion or as required by applicable law, rules, regulations and policies, and without notice to you, take any action deemed appropriate by us, including, without limitation: (i) suspending or terminating your access to and use of CharmChat; (ii) ceasing to provide you with any services related to CharmChat; and (iii) taking measures to restrict your access to your account.  

5. Virtual Goods and Subscription Service.

We are entitled to charge fees for certain premium contents or features (if any) that you may use with CharmChat (collectively, the “Virtual Goods”) via our subscription service (the “Subscription Service”). Subscription period will depend on the type of subscription that you choose when you sign up for the service (the “Subscription Period”). You agree that the Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else.

Ownership of Virtual Goods. You acknowledge that you do not own the Virtual Goods but instead, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to use them for personal use in accordance with the terms of this Agreement and only within CharmChat.

Use of Virtual Goods. You are only allowed to obtain the Virtual Goods from us through using CharmChat, and not in any other way. You may not: 

1. transfer the Virtual Goods to anyone else;
2. use the Virtual Goods other than as expressly provided by the license you purchased with respect to such Virtual Goods;

• use the Virtual Goods in a pornographic, defamatory or deceptive context, or in a manner that could be considered inappropriate, libelous, obscene or illegal;

1. use the Virtual Goods in any way that allows others to download, extract, resell or redistribute content as a standalone file;
2. use the Virtual Goods (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trademark, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such Virtual Goods (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the Virtual Goods or any similar content (including by us, our customers, or the copyright owner of such content);
3. falsely represent that you are the original creator of the content that is made up largely of licensed Virtual Goods;

• portray any person depicted in the Virtual Goods (“Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, etc.; (b) in connection with the advertisement or promotion of tobacco products; (c) in a political context; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.

Subject to our compliance with applicable laws, rules, regulations and policies, we may at any time control, regulate, change or remove any Virtual Goods without any liability to you and/or revise the pricing for the Virtual Goods.

By purchasing and/or using the Virtual Goods and our Subscription Service, you confirm that you have read and agreed to be bound by this Agreement and any additional terms presented to you that are applicable to the Virtual Goods (the “Additional VG Terms”).  

We may from time to time at our sole and absolute discretion update this Agreement and/or the Additional VG Terms without providing any notice to you. If you are unwilling to accept this Agreement or the Additional VG Terms (including all or part of the provisions of any future updated version of this Agreement and the Additional VG Terms), you must immediately cease your use of the Virtual Goods or Subscription Service.   

We may change or discontinue all or any part of the Virtual Goods or Subscription Service, at any time and without notice, at our sole and absolute discretion, including, without limitation, making adjustments/improvements to our Subscription Service or the Virtual Goods based on our product planning and the country or area you are in. 

Cancellation. You can cancel your subscription at any time and you will continue to have access to the Subscription Service through the end of the Subscription Period. To the extent permitted by the applicable laws, payments are non-refundable and we do not provide refunds or credits for any partial Subscription Periods or unused CharmChat content. To terminate the Subscription Service, please go to:

1. “Google Play app – profile icon – Payments & subscriptions – Subscriptions” on your Android device. By selecting CharmChat, you are entitled to terminate our Subscription Service. For more information on how to manage your subscriptions, please refer to Google Play Help at: https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid#zippy=%2Ccancel-a-subscription-on-the-google-play-app.

If you cancel your subscription, your access to the Subscription Service will automatically be terminated at the end of the Subscription Period.

Auto-renewal of Subscription Service. By signing up for our Subscription Service, you agree that your subscription will be automatically renewed at the end of each paid Subscription Period, unless you cancel it, and you authorize us to charge your billing account associated with your app store account (the “Billing Account”) for the renewal term. The auto-renewal may be turned off by the user in his/her app store account settings following the first payment of the subscription fees. Deleting the App from the device does not necessarily result in cancellation of the Subscription Service. To cancel your Subscription Service, please refer to the section of “Cancellation” above.

Where an auto-renewal subscription is offered, the purchase offer will indicate the subscription’s duration, price and terms of payment. The following conditions apply with respect to our auto-renewal Subscription Service:

1. payments will be charged to user’s Billing Account at confirmation of purchase, without the requirement of user’s password, SMS verification etc.; 

1. the subscription of our Subscription Service will automatically renew, unless the user cancels the auto-renewal of the Subscription Service at least 24 hours before the end of the current billing cycle (on app store). Cancellation of a subscription and/or of auto-renewal will not entitle user to any refunds; and

• User’s Billing Account will be charged for renewal within 24 hours prior to the end of the current Subscription Period. Once the payment has put through, you shall be eligible to our Subscription Service for the relevant Subscription Period. If your Billing Account balance is insufficient to pay for the subscription fee, we shall conduct a second automatic deduction from your Billing Account within the same day. If your Billing Account balance is still insufficient to settle the subscription fee of the upcoming cycle, we shall cease to provide you with our Subscription Service. Any transaction costs, local tax charges or other fees relating to the processing of your payment method incurred in relation to the above charges shall be borne by you.   

Passwords and Account Access. If you create an account in the App, you are responsible for any activity that occurs through such account. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over CharmChat ready devices that are used to access the service and not reveal the password associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, us and our partners from identity theft or other fraudulent activity.

6. Content Ownership and License.

Content Ownership. You acknowledge that CharmChat and our content are protected by copyright, trademark, and other laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), the United States and other foreign countries/regions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying CharmChat or our content. 

Rights in Content Granted by us. Subject to your compliance with this Agreement, and subject to the license terms in Section 5 of this Agreement with respect to Virtual Goods, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view our content solely in connection with your permitted use of CharmChat and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial. You shall not use our content for any commercial purposes without our prior written consent. 

CharmChat may include advertisements in connection with providing CharmChat to you, which you acknowledge that it supports the provision of the services by us and hence is reasonable and legitimate. You agree to receive advertisements made available to you by us or third-party partners while you are using CharmChat. Subject to our compliance with any applicable laws related to the provision of advertisements, we do not select, review or screen advertisements and are not a supplier of any of these products or services. We make no representations or warranties as to the goods or services of any advertisers, whether express or implied all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via CharmChat to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. Unless otherwise stipulated by applicable law, we are not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.

8. Feedback

We welcome feedback, comments and suggestions for improvements to CharmChat (the “Feedback”). You can submit the Feedback by emailing us at support@91ttmj.com (please quote “CharmChat” in your email title), or by using the “Feedback” feature in the App. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

9. License for the App

Subject to your compliance with this Agreement, we grant you a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes as expressly permitted by this Agreement. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under this Agreement.

10. Indemnity

If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of CharmChat, including, without limitation, actual or alleged violation of any laws, rules, regulations or other legal rights, or any breach of any term in this Agreement, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

11. Disclaimer

You agree to use CharmChat at your own risk. CharmChat is provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of CharmChat, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of CharmChat may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of CharmChat or any materials contained therein.

12. Limitation of Liability

To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of CharmChat, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lessor of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted.

13. Not Responsible for Third Parties

To the maximum extent permitted under applicable laws, we are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. CharmChat may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risks arising from, your use of any third-party websites or resources.

14. Force Majeure and Other Grounds for Exemption

Your use of CharmChat may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, we shall have no liability to perform any of our obligations affected thereby, which obligations shall be suspended, and we shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by applicable law.

15. Modification, Suspension and Termination of CharmChat.

Except as otherwise stipulated in this Agreement, we shall have the right to modify, suspend, or terminate the operation of CharmChat and/or your access to CharmChat at any time, in our sole and absolute discretion and without any notice. We shall assume no responsibility for any such modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data generated and arising in connection with your use of CharmChat. Upon any such cancellation, suspension or termination, the following Sections of this Agreement will survive: Sections 3 to 8 and 10 to 17. 

16. Notification of Infringement.

We have the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of our content and other material on the App and the website (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the App and the website, please notify us in writing immediately in the form and containing the information prescribed by applicable law (“Infringement Notice”). All Infringement Notices shall be sent to us by email to support@91ttmj.com (please quote “CharmChat” in your email title). 

Where we remove any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on the App and the website prior to such removal by us. To the maximum extent permitted under applicable laws, you acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on linked sites or other third-party sites.

17. Governing Law and Dispute Resolution.

This Agreement is established, entered into force, and shall be enforced and interpreted under the laws of Hong Kong, without regard to its conflict of law provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and us to the exclusive jurisdiction of Hong Kong. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and bind upon you and us.

18. Inherent Risks. 

Inherent Risks. You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your account.

Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to CharmChat’s servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. To the maximum extent permitted by applicable laws, we will assume no responsibility for any data loss that is not solely caused by us.

19. Specific Terms for Users in Brazil.

The following specific provisions apply to users in Brazil:

1. With regard to the choice of law and jurisdiction made in Section 17 of this Agreement, the following shall apply: if the law of Brazil where you, as a user, at the time of conclusion of the contract has your habitual residence (hereinafter “right of residence”) contains provisions for your protection which may not be deviated from by agreement under the right of residence, the (more favorable) provisions of the right of residence apply to you. Therefore, you enjoy the protection of the mandatory provisions of the right of residence despite the choice of law and jurisdiction pursuant to Section 17 to this Agreement.

2. With regard to the Virtual Goods and Subscription Service, the following shall apply in addition: in accordance with the Brazilian Consumer Protection Code (Federal Law 8,078/90), users, within the territorial scope of the said regulation (as applicable), generally have a statutory right of withdrawal/cancel when concluding a distance selling contract. Therefore, where you, as a user, at time of conclusion of the contract have residence or domicile in Brazil, you have the right to withdraw from this Agreement within 7 days counted of the acceptance of this Agreement (execution of this Agreement) without giving any reason. The withdrawal period will expire after 7 days from the day of the acceptance of this Agreement.To exercise the right of withdrawal, you must inform us of your decision to cancel this Agreement by a clear statement by e-mail: support@91ttmj.com (please quote “CharmChat” in your email title) of your decision to withdraw from this Agreement by an unequivocal statement. If you withdraw from this Agreement, we shall reimburse to you all payments received from you, without undue delay. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

3. With regard to modification of this Agreement or CharmChat, the following shall apply in addition: in accordance with the Brazilian Consumer Protection Code (Federal Law 8,078/90), users, within the territorial scope of the said regulation (as applicable), generally have a statutory right to be informed about any material change to this Agreement or to CharmChat. In case of a material change, we will provide notice reflecting these changes.

20. Language.

This Agreement is prepared and drafted in English, but may be translated into other languages. Should any conflict arise between the English language version of this Agreement and any translation hereof, the English language version shall be controlling.