Terms of Service
Welcome to Chirp Mail! Your use of Chirp Mail is subject to these Terms of Service (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using Chirp Mail.
Compliance with these Terms
These Terms apply to you if you are a user of Chirp Mail anywhere in the world, except if you belong in any of the following categories: (a) a user of Chirp Mail (嗨信) in the People’s Republic of China; (b) a citizen of the People’s Republic of China using Chirp Mail (嗨信) anywhere in the world; or (c) a Chinese-incorporated company using Chirp Mail (嗨信) anywhere in the world. If you belong to any of these categories, please refer to the Terms of Service (PRC Users) for the terms that apply to you. For the purposes of these Terms, a reference to “People’s Republic of China” does not include a reference to Taiwan, Hong Kong or Macau. If you are a user of Chirp Mail and are located in Taiwan, Hong Kong or Macau, and are not in categories (b) or (c) above, these Terms apply to you.
Please review these Terms and our policies and instructions to understand how you can and cannot use Chirp Mail. You must comply with these Terms in your use of Chirp Mail and only use Chirp Mail as permitted by applicable laws and regulations, wherever you may be when you use them. In some countries, there are restrictions on your use of Chirp Mail – it is your responsibility to ensure that you are legally allowed to use Chirp Mail where you are located, and certain Chirp Mail functionalities may not be available in some countries.
By using Chirp Mail, you agree to these Terms and understand that there is no tolerance for objectionable content. If you do not agree to these Terms, you must not use Chirp Mail. In order to ensure Chirp Mail provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each mail.
Other general terms in relation to these Terms
If you are using Chirp Mail on behalf of a company, partnership, association, government or other organization (your “Organization”), you warrant that you are authorized to do so and that you are authorized to bind your Organization to these Terms. In such circumstances, “you” will include your Organization.
We may translate these Terms into multiple languages. If there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).
We may make changes to these Terms (and any applicable Additional Terms) over time (for example, to reflect technical improvements and changes to Chirp Mail (for example, to address a security threat) or applicable laws and regulations (for example, to reflect applicable consumer rights)), so please come back and review these Terms regularly.
Where we consider that such changes are reasonably material, we will (where reasonably practicable) notify you (via https://www.chirpeur.com, direct communication to you, on this page or the relevant page for the relevant additional terms or policy, or other means), prior to such changes becoming effective. By continuing to use Chirp Mail after we make any changes to these Terms, you are agreeing to be bound by the revised Terms.
CHANGES TO CHIRP MAIL
As Chirp Mail and user experiences are constantly evolving, we may from time to time:add, change or remove features or services from Chirp Mail (including in relation to whether a feature or service is free of charge or not); and/or suspend, discontinue or terminate Chirp Mail altogether. You agree that we may take any such actions at any time. Where we consider that any changes to Chirp Mail or any services or features accessible within Chirp Mail are reasonably material, we will (where reasonably practicable) notify you (via https://www.chirpeur.com, direct communication to you, on this page or the relevant page for the relevant additional terms or policy, or other means), prior to such changes becoming effective.
You need to create an account with us in order to access and use Chirp Mail. Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within Chirp Mail remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (a) safeguarding your account details, including any passwords used to access your account and Chirp Mail, and (b) all use of Chirp Mail under your account, including any purchases made and/or payment obligations arising under your account. You must promptly notify us by going to "Me" -> "Settings" -> "Help & Feedback" from within the Chirp Mail app or by visiting https://www.chirpeur.com if you know or suspect that your password or account has been compromised. We will regard all use of your account on Chirp Mail as being by you, except where we have received a valid and properly received notification to us regarding your account or password being compromised.
We may allow you to register for and login to Chirp Mail using sign-on functionalities provided by third party platforms, such as Facebook or Google. You agree to comply with the relevant third party platform's terms and conditions applicable to your use of such functionalities (in addition to these Terms).
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations. We reserve the right to artificially manipulate the visibility, status, or rank of Your Content on Chirp Mail.
Responsibility for Your Content
You are solely responsible for Your Content. We are not responsible for maintaining a backup of Your Content - we recommend that you keep a back-up copy of it at all times.You must at all times ensure that: (a) you have the rights required to copy, process, transmit, access, publish, display and use Your Content, and to grant us and other third parties the rights as set out in these Terms; and (b) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate any applicable laws or regulations or the rights of any person.
Objectionable Content Policy
Content may not be submitted to Chirp Mail, who will moderate all content and ultimately decide whether or not to perform a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, dbelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
THIRD PARTY CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Chirp Mail, including content provided by users of Chirp Mail or by our advertisers. You acknowledge and agree that by using Chirp Mail, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Chirp Mail by you is at your own risk. Your use of Chirp Mail does not give you any rights in or to any content you may access or obtain in connection with your use of Chirp Mail.
We also do not guarantee the quality, reliability or suitability of any third party services, programs or websites provided, made available, advertised or linked through Chirp Mail (including any of Chirp Mail's associated platforms or services) and we will bear no responsibility for your use of or relationship with any such third parties services, programs or websites, including any payment obligations or fees that you may incur in your use of such third party services or websites.We may review (but make no commitment to review) content (including any content posted by Chirp Mail users) or third party programs or services made available through Chirp Mail to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party programs or services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Chirp Mail.
There may be, from time to time, third party content, programs and/or services on Chirp Mail that are subject to further terms from that third party – for examples, terms from the relevant third party that originally produced or created such content or service, terms in relation to promotional activities being held on Chirp Mail, terms relating to your use of third party-provided Chirp Mail login functionality. You are solely responsible for reviewing and complying with any such third party terms and conditions.We have the right to remove, at our sole discretion and without notice to you, any content, programs and/or services that are made available within Chirp Mail (including any of Chirp Mail's associated platforms or services), in accordance with these Terms.
ADVERTISING CONTENT ON CHIRP MAIL
Chirp Mail may include advertising or commercial content. You agree that we may integrate, display and otherwise communicate advertising or commercial content in Chirp Mail and that (where reasonably practicable) we will identify such advertising or commercial content.
OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to Chirp Mail and any Chirp Mail Software (including any future updates, upgrades and new versions to all such Chirp Mail Software), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights, including our trademarks or product names (for example, “Chirpeur” or “Chirp Mail”), logos, domain names or other distinctive brand features, without our prior written consent. Any comments or suggestions you may provide regarding Chirp Mail are entirely voluntary and we will be free to use these comments and suggestions at our discretion (including using such comments to improve existing services or create new services) without any payment or other obligation to you.
We grant you a limited, personal, on-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable right to use Chirp Mail and any software from us as part of or in relation to your use of Chirp Mail (any such software being the "Chirp Mail Software"), solely in accordance with these Terms and subject to any other instructions as provided by us to you in relation to your use of Chirp Mail and/or the Chirp Mail Software from time to time. Please note that these terms may be supplemented by terms and conditions applicable to Chirp Mail Software (or specific features within Chirp Mail Software).
You may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from Chirp Mail Software, and you may not sell, distribute, redistribute or sublicense Chirp Mail or the Chirp Mail Software, except in each case to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Chirp Mail Software, you will first contact us to request the information you need.
We may from time to time provide updates to Chirp Mail Software. Such updates may occur automatically or manually. Please note that Chirp Mail Software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will provide any updates for any Chirp Mail Software, or that such updates will continue to support your device or system. All updates to the Chirp Mail Software are part of the Chirp Mail Software and subject to these Terms, except as otherwise specified by us.
For the purposes of these Terms, “Chirp Mail Software” includes any items, content or features (the "Items") within the Chirp Mail Software – for example any content accessed or used by you within Chirp Mail. You must comply with any Additional Terms applicable to any such Items. We will notify you of any such additional terms and conditions within Chirp Mail, within an Appendix to these Terms and/or in another manner. We may grant you a limited right to use these Items upon payment by you of "real world money" as applicable from time to time. You acknowledge that you do not own these Items and the amounts associated with such Items do not refer to any credit balance of real currency or the equivalent. We may eliminate these Items from Chirp Mail at any time, and we have no liability to you in the event that we exercise these rights.
We may in our discretion provide technical support for Chirp Mail (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
OPEN SOURCE SOFTWARE
Certain Chirp Mail Software may contain software that are subject to “open source” licenses (the “Open Source Software”). Where we use such Open Source Software, please note that:there may be provisions in the Open Source Software's license that expressly override these Terms, in which case such provisions shall prevail to the extent of any conflict with these Terms; andwe will credit the relevant Open Source Software used in Chirp Mail Software within an Appendix to these terms and/or within the relevant Chirp Mail Software.
USE OF YOUR DEVICE BY CHIRP MAIL
In order for us to provide Chirp Mail to you, we may require virtual access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access Chirp Mail – for example, we may need to use your device's processor and storage to complete the relevant Chirp Mail Software installation, or we may need to access your contact list to provide certain interactive functions within Chirp Mail.
We will provide further information regarding how Chirp Mail uses and accesses your device within Chirp Mail or in another manner (e.g. via the relevant app store as part of the installation process for Chirp Mail on your device). You agree to give us such access to and use of your device, and you acknowledge that if you do not provide us with such right of use or access, we may not be able to provide Chirp Mail (or certain features within Chirp Mail) to you.
You may need an adequate internet connection in order to authenticate your Chirp Mail account or use Chirp Mail. You may also be required to activate certain functionalities within Chirp Mail in the manner described within Chirp Mail. You may not be able to use certain functionalities within Chirp Mail if you do not comply with such requirements.
THIRD PARTY SOFTWARE AND CONNECTIVITY
You are solely responsible for any software (whether your own software or software supplied by third parties) used by you in connection with your use of Chirp Mail, including any third party software or services made available to you through Chirp Mail ("Third Party Software").
Please note that we are not responsible for and are not liable for any damages or losses arising from your use of the Third Party Software and we do not endorse, support or guarantee the quality, reliability or suitability of any Third Party Software. You must comply with any terms and conditions applicable to Third Party Software.
We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support. Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of Chirp Mail or Chirp Mail Software.
WARRANTY AND DISCLAIMER
We warrant to you that we will provide Chirp Mail using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, CHIRP MAIL (INCLUDING ANY CHIRP MAIL SOFTWARE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVE ANY UNDERTAKING IN RELATION TO CHIRP MAIL, ANY CHIRP MAIL SOFTWARE OR ANY DATA, MEDIA OR OTHER CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY CHIRP MAIL, INCLUDING: (A) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT CHIRP MAIL OR CHIRP MAIL SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (B) THAT CHIRP MAIL OR CHIRP MAIL SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (C) THAT CHIRP MAIL OR CHIRP MAIL SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
LIABILITY FOR CHIRP MAIL
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR CHIRP MAIL (INCLUDING ANY CHIRP MAIL SOFTWARE), ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (A) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF CHIRP MAIL OR CHIRP MAIL SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (B) USD100 (ONE HUNDRED US DOLLARS). TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
IN CONNECTION WITH THESE TERMS OR CHIRP MAIL OR CHIRP MAIL SOFTWARE, FOR ANY DAMAGES OR LOSSES CAUSED BY: (A) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (B) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (C) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (D) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (E) IMPROPER OR UNAUTHORISED USE OF CHIRP MAIL OR CHIRP MAIL SOFTWARE; (F) YOUR USE OF CHIRP MAIL OR CHIRP MAIL SOFTWARE IN BREACH OF THESE TERMS; (G) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY; OR (H) FAILURE TO SAVE OR BACK UP ANY DATA OR OTHER CONTENT;
ANY LOSS ARISING FROM ANY CONTENT, PROGRAMS OR SERVICES PROVIDED BY ANY PARTY OTHER THAN US (OR OUR AFFILIATES);
ANY LOSS OR DAMAGE WHICH ARE NOT FORESEEABLE, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES. FOR THE PURPOSES OF THIS CLAUSE, LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT HAPPEN; AND/OR
ANY: LOSS OF USE; LOSS OR INTERRUPTION OF BUSINESS; LOSS OF REVENUES; LOSS OF PROFITS; LOSS OF GOODWILL; LOSS OR DESTRUCTION OF CONTENT OR DATA. Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
any liability for fraud;
any liability for negligently caused death or personal injury;
any liability for gross negligence or willful misconduct; or
any other liability to the extent that such other liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT SUCH STATUTORY RIGHTS MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING CHIRP MAIL OR CHIRP MAIL SOFTWARE ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (A) YOUR USE OF CHIRP MAIL OR CHIRP MAIL SOFTWARE; OR (B) YOUR BREACH OF THESE TERMS.
NO LIABILITY FOR THIRD PARTIES
As set out in "Third Party Software" sections of these Terms, various third parties may provide certain content, services or software within Chirp Mail. THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US (AND, WHERE RELEVANT, OUR AFFILIATE COMPANIES). YOUR DEALINGS WITH ALL THIRD PARTIES (INCLUDING THOSE FOUND THROUGH, PROMOTED THROUGH, ACCESSED VIA HYPERLINK THROUGH OR OTHERWISE THROUGH CHIRP MAIL), ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES (INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN CHIRP MAIL), NOTWITHSTANDING YOUR ENGAGEMENT WITH ANY SUCH THIRD PARTIES THROUGH CHIRP MAIL.
These Terms will apply to your use of Chirp Mail until your access to Chirp Mail is terminated by either you or us.
You may terminate your use of Chirp Mail, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of Chirp Mail or these Terms which you do not agree to). If the terminated service is a paid service, we may deduct from any refund a reasonable proportion of such fee as compensation for the costs incurred by us in ending the relevant service.
We may suspend or terminate your access to your account or any or all of Chirp Mail:
if we undertake maintenance or support of Chirp Mail;
to make changes to Chirp Mail as notified by us to you;
if we reasonably believe that you have breached these Terms;
if your use of Chirp Mail creates risk for us or for other users of Chirp Mail, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
if you fail to use Chirp Mail for a prolonged period;
if such suspension or termination is required due to Applicable Laws; or
to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion,
and where reasonably practicable, we will give you advance notice of any suspension or termination.
If we suspend your access to any or all of Chirp Mail then, to the extent permitted by applicable laws and regulations in your jurisdiction: (a) you remain responsible for all fees accrued through the date of suspension (including where the fees were incurred before suspension date but performance of the relevant obligations were after the suspension date); and (b) you remain responsible for any applicable fees for any part of Chirp Mail to which you continue to have access.
If your access to Chirp Mail is terminated (in whole or in part) by you or us, you agree that: (a) all of your rights under these Terms will terminate; (b) you remain responsible for all fees accrued through the date of termination (including where the fees were incurred before termination date but performance of the relevant obligations were after the termination date); and (c) you will immediately permanently delete all copies of Chirp Mail Software to which the termination relates and you will immediately cease accessing and using any such Chirp Mail Software.
Retention and back-up of Your Content
Subject to the applicable laws and regulations in your jurisdiction, these Terms sets out the entire agreement between you and us in relation to Chirp Mail – you agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms, whether pursuant to the Contracts (Rights of Third Parties) Ordinance or otherwise, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you. We may freely sub-contract any part of our performance of these Terms at any time, without your prior consent or prior notice to you.
GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that: (a) any applicable additional terms incorporated into these Terms provide differently, or (b) the applicable laws and regulations of your jurisdiction mandate otherwise (for example, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court)):
these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the People’s Republic of China; and any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Shanghai Arbitration Centre. There will be one arbitrator only. The arbitration proceedings will be conducted in Chinese.