This Sayyo Terms of Service (hereinafter referred to as "this Agreement") is a binding legal agreement between you and EXU(HK) Limited . (“we”, “us”, or “our”), the provider of Sayyo (“App”, “Sayyo”), our official website and other related services (collectively, the “Services”). This Agreement sets forth the terms and conditions by which you may access and use of the Services. We hereby remind you to read this Agreement carefully and fully understand the terms and conditions contained herein.
By registering, accessing or using Sayyo and the Services , you are deemed to have read, understood and agreed to be bound by this Agreement. If you do not agree with this Agreement, please do not use Sayyo or the Services.
You can also access this Terms of Service by the following means:
【Me> Settings>About 【Sayyo】>Terms of Service】
If you have any questions or comments regarding this Agreement, please contact us at:
We will be happy to answer your questions.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Eligibility
Our Services are not directed to children under 【18】 (or other age as required by local law). We may offer additional Services with additional terms that may require you to be even older to use them. By accessing and using our Services, you confirm that you can enter into a binding contract with us and that you accept and agree to abide by these terms.
If you are not a child but under the age of 18 or under the age of majority in your jurisdiction (“a Minor”), you represent that you have reviewed this Agreement with your parent or legal guardian and that you and your parent or guardian understand and consent to this Agreement. If you are a parent or guardian permitting a Minor to use our Services, you agree to: (i) supervise the Minor’s use of our Services; (ii) assume all risks associated with the Minor’s use of our Services, including the transmission of content to and from third parties via the Internet; (iii) assume any liability resulting from the Minor’s use of our Services; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of our Services.
2. Changes to this Agreement
In order to improve your user experience or enhance product safety performance, we may modify our Services from time to time. We reserve the right to change this Agreement as necessary in accordance with applicable laws and regulations. If we make changes to it, we will notice you by notifications, in-app announcements or other means to provide you with the opportunity to review the changes. If you object to any changes, please stop using our Services or close your account (Please refer to 4. Your Account for details regarding account closures). Your continued access or use of our Services will be deemed as you have read and agreed to be bound by the updated Agreement.
3. Your Account
3.1 Your Account. You must create an account or login with third parties to access or use our Services and provide us with accurate and up-to-date information. Your account is limited to your access and use of our Services only, you shall not share your account with or transfer your account to anyone else. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
3.2 Account Security. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: 【support@sayyo.live】. We will offer you assistance regarding your account security but we do not guarantee to successfully retrieve your account. In such case, we may suspend or terminate such account or take measures that we consider appropriate to assist you.
3.3 Account Closure.
· By Us: We reserve the right to disable your user account at any time without notice and without liability for any reason, including but not limited to, a suspected violation of this Agreement, of the terms of other application stores or platforms (such as Facebook, Google, Apple), illegal or improper use of your Account, or illegal or improper use of the Services.
· By You: If you wish to close your account, you can do so by applying for an account closure via【 “Me”> “Settings”> “Delete Account” in Sayyo】. Please understand that for security reasons, your account cannot be closed unless you follow our instructions (e.g., use up all your red packages, exit any virtual family or relationships if you are in one of them).
We hereby kindly remind you that, if you wish to close your account, such closure may prevent you from accessing or using Sayyo features and the Services, and such closure is irreversible. Once you close your account, we will delete or de-identification your relevant information. If you sign in to the account of 【Sayyo】 through a third-party account (e.g., via 【Facebook, Google ID】), you may need to apply for account closure from such third party.
4. Permitted License Uses
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-sub-licensable, personal, revocable, limited license to access and use 【Sayyo】 and the Services. You may install, use, display, and run 【Sayyo】 and the Services on your legally owned device for non-commercial purposes. We reserve all rights not expressly authorized to you regarding 【Sayyo】 in this Agreement. If you wish to obtain other rights with regard to the use of 【Sayyo】, you shall separately obtain a formal written permission from us.
5. Your Access and Use of 【Sayyo】and the Services
Your access to and use of the Services is subject to these Agreement, Privacy Policy, other Sayyo rules, other applicable rules and all applicable laws and regulations. You are fully responsible for the content you submit, whether such content is posted publicly or sent privately. Although we have the right to review all content that appears on the Services and to block or remove your content for any reason, including content we deem appropriate or required by applicable laws and regulations, we do not necessarily review all of it. We cannot—and do not—take responsibility for any content that others provide through the Services.
You agree that you will not:
· Rent, lease, loan, trade, sell/re-sell or otherwise monetize App, the Services or related data or access to the same, without our consent;
· Impersonate any person or entity, misrepresent your affiliation with any person or entity, or access Sayyo accounts of others without permission, forge another person’s identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
· Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
· Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
· Upload, transmit, distribute, store or otherwise make available in any way:
· any material which is defamatory of any person, obscene, profane, offensive, pornographic, hateful or inflammatory;
· any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
· any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
· any material that contains a threat of any kind, including threats of physical violence;
· any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
· Post anything that contains software viruses, adware, spyware, worms, or any other harmful code;
· Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
· Engage in any illegal or potentially illegal ( as determined by us) activity or transaction, including sale, advertisement, promotion etc.;
· Gamble, or provide gambling information or induce others to gamble in any way;
· Violate the intellectual property rights of Sayyo or others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
· Otherwise violates laws and regulations, this Agreement, Privacy Policy, other Sayyo rules or any additional terms concerning a specific service that are provided when you sign up for or start using such service.
6. Intellectual Property; Ownership
6.1 We reserve the intellectual property rights to Sayyo, the Service and all related information content (including but not limited to UI interface design, pictures, fonts, audio, etc.) and all rights not expressly granted to you. The above intellectual property rights, including but not limited to copyright, trademark and patent rights, are protected by applicable intellectual property rights, anti-unfair competition and other respective laws, regulations and relevant international treaties. You hereby acknowledge that you don’t acquire any ownership rights by using the Services or by accessing any of the Service Materials, or rights to any derivative works thereof. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction, and permission for any third party to access and use Sayyo and the Services, you should separately obtain formal written permission from us.
6.2 By using and/or uploading any content (including any live stream content, such as your nickname, name, likeness) through our Services to publicly accessible areas of Sayyo App or other related platforms, you grant to us and our business partners the permission, free, permanent, irrevocable, unrestricted, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
6.3 All rights not expressly granted to you in this Agreement are reserved by us.
7. Software and Services Provided by Third Parties
7.1 In order to facilitate your use of our Services, we may use third-party software or services, and the results of such use and access are provided by the third party (including but not limited to the services and contents provided by the third party that you get access to via Sayyo App, this Services, or by said third party through other related platforms). In addition to the terms of this Agreement, you shall comply with the user agreements of third parties when using software or services provided by such third parties. We cannot guarantee the security, accuracy and validity of the services and contents provided by third parties, and to the fullest extent permitted by applicable law, you shall solely bear relevant risks and responsibilities arising therefrom.
7.2 Whether the third-party software or services are pre-installed in Sayyo or activated or subscribed by yourself, you understand and agree that we disclaim all express or implied warranties with respect to the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks.
7.3 Any dispute between you and the above third-party software and services providers shall be settled by you and such third party with you taking relevant responsibilities, if any.
8. Purchases, Fees and Payments
You understand and agree that although Sayyo are currently offered for your download free of charge, you may need to pay us the fees determined according to the payment plan or the in-app purchase amount that you have selected in consideration for the access to and use of some features or functions of our Services. However we do 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.
You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits and withdrawals. 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.
All amounts paid are non-refundable unless we are required to do otherwise in accordance with the relevant laws and regulations. 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, UK or other local law to cancel your purchase once it's completed or to get a refund.
We reserve the right to change our prices at any point and we will provide notice to you through in-app announcements or messages, at our option. Your continued use of the Service after the price change constitutes your agreement to pay the changed amount. However, no price change will affect your past purchases.
9. Virtual Items
The price of Virtual Currency (e.g. Coins) and Virtual Items (e.g. Gifts) will be shown at the point of purchase. All charges and payments for Virtual Items will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider.
We may offer you virtual currency that you can use to purchase in-app virtual items on a promotional basis or for purchase. Such virtual currency and other virtual items have no monetary value (i.e., is not cash or equivalent), and do not constitute currency or property of any type, cannot be sold or transferred to third parties, including other users (except for features permitted by us, such as sending gifts to support other users), cannot be used outside the our Services, and cannot be exchanged for cash or for any other goods or services. You have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased virtual currency or other virtual items. You may not purchase, sell, barter, or trade any virtual currency or virtual item, or offer to purchase, sell, or trade any virtual currency or virtual item (including for money or any other consideration or items of value whether inside or outside of the our Services). you recognize that any such attempted transfer will be null and void.
10. Privacy Policy
When you are using our Services, we may need to collect your personal data to provide you the Services. We pay great attention to the protection of your personal data and has made Privacy Policy which forms an integral part of this Agreement. The Privacy Policy states the detailed information of the way we collects, uses, stores, transfers, and discloses your personal data. You may refer to the details of the Privacy Policy at【 “Settings” > “About 【Sayyo】” > “Privacy Policy”】. By accessing and using our Services, you agree to be bound by the terms of this Agreement and Privacy Policy, and we will protect your privacy in accordance with such Privacy Policy.
11. Termination and Breach of Contract
We may in our sole discretion, limit, suspend, and/ or terminate your access to and use of the Services, in whole or in part, at any time and for any reason. We have the right to decide whether your behavior complies with the terms of this Agreement. If you are deemed to have violated relevant laws and regulations or fail to comply with any terms and conditions of this Agreement or related rules (including but not limited to Privacy Policy, Other Sayyo rules), or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations, based on the severity of your violation, we may delete the content in violation, to limit, to suspend or to terminate your use of our Services without prior notice, and to take other measures that we consider appropriate. You acknowledge that we are not liable for any damage that may result from the foregoing and we are under no obligation to compensate you for any such losses or results.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY APP WE PROVIDE IS A VIOLATION OF OUR POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
If you wish to terminate this Agreement, at any time you can do so by closing your account and no longer accessing or using our Services. Please refer to 4. Your Account for details regarding account closure.
Once it is terminated, we may continue to retain or delete the information generated during your use of our Services according to requirements of applicable laws and regulations. You agree that, to the fullest extent permitted by applicable law, we shall not be liable to you for such deletion.
Please understand and acknowledge that we may, to the extent not prohibited by law, change, suspend or discontinue any or all of our Services according to your demands, our operational plans or as required by judicial, regulatory and supervisory authorities.
12. Indemnification
You will indemnify, release and hold harmless us, our licensors, agents, and all senior managements, directors, employees thereof from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) any use of the Services or products appearing on the Services by you or by any person that is not in accordance with the terms of this Agreement; (ii) any breach of this Agreement by you or by any person that you allow to use the Services; or (iii) any violation of any laws, regulations or the rights (including Intellectual Property rights) of any third party by you or by any person that you allow to use the Services.
13. DISCLAIMERS
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAYYO AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THIS SOFTWARE AND SERVICE.
SAYYO APP DOES NOT CONTAIN ANY MALICIOUS CODE DESIGNED TO DESTROY YOUR DEVICE DATA OR TO OBTAIN YOUR PRIVACY INFORMATION. WE WILL ALSO DO OUR UTMOST TO ENSURE THE SAFE, PROMPT, EFFECTIVE, ACCURATE, RELIABLE AND CONTINUOUS OPERATION OF SAYYO AND THE SERVICES, BUT WITH THE LIMITATION OF THE EXISTING TECHNOLOGY, SAYYO AND RELATED SERVICE MAY BE AFFECTED BY VARIOUS UNSTABLE FACTORS, WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT SAYYO IS COMPATIBLE WITH ALL DEVICES, OR IS ERROR-FREE, CAN OPERATE WITHOUT INTERRUPTION OR THAT ANY ERRORS IN THE APP OR RELATED SERVICE CAN BE CORRECTED. IN CASE OF CIRCUMSTANCES SUCH AS INCOMPATIBILITY OR SOFTWARE MALFUNCTION, PLEASE CONTACT US FOR TECHNICAL SUPPORT. IF THE COMPATIBILITY PROBLEM CANNOT BE SOLVED, YOU CAN UNINSTALL THE APP. WITHIN THE MAXIMUM SCOPE PERMITTED BY APPLICABLE LAWS, WE ARE EXEMPT FROM ANY OF YOUR LOSSES CAUSED HEREIN.
14. LIMITATION OF LIABILITIES
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL US, OUR AFFILIATES, SENIOR MANAGEMENT, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE DAMAGES OR LOSSES, ARISING OUT OF THE FOLLOWING REASONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (1) YOUR USE OR INABILITY TO USE THE SERVICES;(2) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO USE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (5) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
AT THE SAME TIME, OUR MAXIMUM COMPENSATION FOR ALL YOUR LOSSES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR USING/PURCHASING THE APP OR SERVICES (IF PAID SERVICE IS INVOLVED) WITHIN 12 MONTHS BEFORE THE DATE OF INITIATING THE CLAIM. IF THE LAW OF YOUR REGION DOES NOT ALLOW THE LIMITATION OF LIABILITY THROUGH AN AGREEMENT. IN THIS CASE, THE APPLICABLE LAWS AND REGULATIONS SHALL APPLY.
15. Governing Laws and Dispute Resolution
15.1 Governing Laws. The execution, performance, interpretation, modification and disputes settlement of this Agreement shall be governed by the laws of 【Singapore】, excluding its conflict-of-law provisions.
15.2 Arbitration. Any dispute or controversy between you and us based on this Agreement shall be first settled through friendly negotiation. If no settlement can be reached through friendly negotiation, you unconditionally consent and agree that any claim, dispute or controversy (whether in contract, tort or otherwise) you may have against any of our entities, the directors, agents, and employees of any of our entities shall be submitted to 【Singapore International Arbitration Centre (“SIAC”) for settlement in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force , which rules are deemed to be incorporated by reference in this clause . The arbitration shall take place in Singapore, and the arbitration proceedings and all pleadings and written evidence shall be in the English language. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non conveniens with respect to venue and jurisdiction, whether by arbitration or judicial judgment.】.
15.3 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration.
16. Miscellaneous
16.1 Heading. The headings of all terms of this Agreement are for reference purpose only, have no actual meanings themselves, and shall not be used as a basis for interpreting the meanings of this Agreement.
16.2 Severability. If any term or provision of this Agreement is held to be invalid or unenforceable by any judicial or administrative authority for any reasons, such determination shall not affect the validity of enforceability of the remaining terms and provisions of the Agreement hereof, and the remaining provisions of this Agreement shall remain in full effect and shall be construed in accordance with its terms.
16.3 Languages. If this Agreement is made in English. We may provide this Agreement in other languages in the future for your reference. In case of any discrepancy, the English version hereof shall prevail.
16.4 No Waiver. Our failure to enforce at any time any of the provisions of this Agreement, or our failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce such provision thereafter. Our express waiver of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
16.5 Entire Agreement. This Agreement constitutes the entire agreement between you and us governing your use of our Services, and supersedes any prior agreements between you and us relating to the use of our Services. You may also be subject to additional terms and conditions that may apply when you use or purchase open-source software, third-party content, or other services.