Shona Terms Of Use

Effective from: Effective from: Jun 1, 2023

Welcome to Shona! These terms and conditions ("Terms") and the privacy policy ("Privacy Policy") (collectively "Terms of Use") is the rules, terms and conditions as applicable and the amended provisions pertaining to the relevant matters of Shona and your use of it, as might be amended from time to time. This Terms of Use generated by a computer system and does not require any physical or digital signatures.

1.Definitions

1.1 "Affiliate" shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of Shona entity. The term "Control" is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.

1.2 "Authority" shall mean any union, national, state, local, or other governmental, statutory, administrative, regulatory or self-regulating authority, agency or instrumentality having judicial or administrative jurisdiction over the relevant matter.

1.3 "Content" shall mean all any data, text, files, information, usernames, images, graphics, photos, profiles, contact details, audio and video clips, sounds, musical works, other works, applications, links, news, views, updates, articles, reviews or comments provided, generated, created, uploaded or shared by users or communication between users on Shona.

1.4 "Information" means and shall include any non-confidential, confidential, non-personal, and/or personally identifiable information or other information provided to Shona during your use of Shona. Details of the process of information on Shona is further provided under Shona's Privacy Policy

1.5"Internal Service Provider" shall mean reputable logistics or any back end service providers of Shona appointed by Shona that will provide various services that Shona may require in order to run operations of Shona for example to facilitate or outsource one or more aspects of the business, product and service operations provided on Shona, including search technology, discussion boards, payments, affiliate and rewards programs, co-branded credit cards, maintenance services, database management etc.

1.6 "Intellectual Property Right" shall mean any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, technical know-how, trade secret and other confidential information, rights in the nature of any of these items in any country, and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered) and registrations of and applications to register any of them.

1.7"Law" shall mean all the applicable statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.

1.8"Losses" shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses etc.

1.9"Pay Facility" means the automated electronic payment or collection and remittance facility provided by Shona to users to facilitate payments for paid services of the Shona directly through App Stores to provide enabling support for collection and remittance of payment on Shona.

1.10"Person" shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, limited liability partnership or proprietorship, whether incorporated or not.

1.11"Policies" shall mean and include the privacy policy, rules and policy of the third party Payment Facility, and any other policies of Shona as amended, provided, or communicated to you from time to time.

1.12"Services" shall mean the services rendered by Shona, such as video chat or call, in accordance with the applicable Law.

1.13"Service Charges" means subscription or in-App purchase paid by you for the use of Shona wholly or partially or for select services, as notified on the Shona from time to time.

1.14"User(s)" shall mean a user of Shona.

2.General

2.1[constitution of this Terms of Use]These Terms contains rules and regulations, policies, notifications, covenants and agreements applicable to any Person who may access or use the mobile application " Shona " as modified and updated from time to time and You hereby agree and acknowledge to be bound by the Terms of Use.

2.2[Amendment] Shona reserves the right to modify the application and/or alter these terms, provisions and/or Policies from time to time according to the development of the technology, business operation, legitimate environment, or other situation in necessity; and the amendment, modification, alteration or any change stipulated hereto ("Amendment") shall become an integral part of this Terms of Use, with equal legal effect with. Though Shona may notify you such Amendments by making in-app public notice, WE RECOMMEND YOU TO REVIEW THIS TERMS OF USE PERIODICALY FOR THE MOST UP-TO-DATE VERSION. Your continued use of Shona means your consent of such Amendments.

2.3[eligibility] In order to use Shona, you need to be 18 (eighteen) years of age or older. Shona may only be used or accessed by such Persons who is of full capacity of civil conducts. If you access or use Shona by providing false representation on your age, you and your guardians shall undertake the consequential liabilities of doing so as per the applicable laws and regulations; and Shona shall be discharged of the legal consequences. [if minors are eligible to this product] Notably that, if You are a natural person and you are a minor, please read and accept this Terms of Use, and access and use Shona under the accompany of your natural or appointed guardian. Minors shall subject to retrained access to and use of Shona within a reasonable scope. You fully understand that Shona shall not be liable to the review or confirmation of the foregoing matters under this provision.

3.Registration and Creation of an Account:

3.1You may choose to register and create an account on your own by creating a user name and password and providing necessary details such as gender and age of yourself in order to access comprehensive functions and Services on Shona.

3.2You hereby agree and acknowledge that Shona will grant access to any person who has obtained your username, phone number, and password in the same manner as it would have granted access to you; and you shall be responsible for all activities conducted through your account in the name of you

3.3You are solely responsible for maintaining secrecy and confidentiality of your account details including your user name, mobile phone number, password and other information, if any; and, you are full aware that you are also sole responsible for the consequences of granting use by a third-party of your account, directly or indirectly.

3.4You acknowledge and agree that the information you provide when registering your account is true, accurate, complete, legal and in effect.

3.5You shall immediately notify Shona of any actual or suspected unauthorized use of your account. Although Shona, its management team, shareholders, employees, associates, contractors or agents ("Personnel") shall not be responsible in any manner for any Losses occurring from any unauthorized use of your account due to your deliberate or negligent breach of keeping the secrecy of your account information, you may be liable for the losses of Shona or such other parties as the case may be, due to any unauthorized use of your account.

3.6Except otherwise provided by other Policies of Shona, you agree that the sole purpose of registering on or using Shona is to be a user to enjoy the Services provided by Shona, and you shall not use Shona in any manner for any illegal purpose under the applicable Law.

4.Account Termination Policy

4.1 Shona is entitled to suspend or terminate your account if you provide, or Shona has reasonable ground to believe that you provide, the account details are untrue, invalid or inaccurate.

4.2 Shona reserves the right to decide whether to suspend or terminate your account if it is reasonable for Shona to believe that the Content you generate, create, upload, comment or share on Shona is illegal, of obscenity or pornography, or in infringement to the third-party's lawful right.

5.General Use of the Service

Shona grants you access to it for use and enjoy the Service, provided that you are in compliance with the following terms and conditions:

5.1[telecom operator expenditures] You are responsible for all telecom carrier's data plan and other fees and taxes associated with your use of our Services, if any. Shona may charge you for our Services, including applicable taxes. We do not provide refunds for our Services, except as required by law.

5.2[other information provision liability]If you provide any information that is untrue, inaccurate, not current or incomplete, other than those you provide when registering your account, or Shona has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Shona reserves the right to indefinitely suspend or terminate or block Your use or access to Shona in any manner whatsoever. Should any other Person act upon such untrue, inaccurate, not current or incomplete information provided or verified by you, Shona, and its Personnel shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims etc. resulting from such information to you or to any third party. You hereby indemnify and agree to keep harmless Shona in accordance with the Indemnity clause contained in this Terms of Use.

5.3[no decompile] You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, servers, systems, our users, or others, including that you must not directly or through automated means:

5.4[no commercial use of the Service] You agree not to take advantage of Shona's Services for the commercial use, such as sale of the access to Shona, sale of the in-app advertising, sponsorship or promotion opportunities on Shona, etc., without prior written consent from Shona. You shall never copy, distribute, exchange, modify, sell or transmit anything from Shona, including but not limited to the Services on Shona, except as permitted in advance by Shona and the applicable Law.

5.5[no robot] you should not access Shona by or through any technology stimulating a real user or automated system, and such technology includes, without limitation, robots, spiders, or offline readers that accesses Shona in a repeatedly way within a period more frequently than a human being can physically produce within such time period.

5.6[sharing content & no content distribution] you acknowledge and agree that you will not share, distribute, modify, reproduce, transfer, or in other ways to commercialized the Content that you are not authorized to on Shona, directly or indirectly, in-app or in other distribution channels (including but not limited to the websites, apps, or medias), without Shona's prior written consent.

5.7[follow the virtual Props rules on Shona] you confirm that you will have no ownership but right to use the Props, the virtual gift Shona send you, or other derivative items on Shona (the "Derivative Items"); and you shall only use such Derivative Items on the Shona platform. Shona is entitled to withdraw the Derivative Items as necessary without cause and without procuring your prior consent; you understand and agree that Shona bears no liability with respect to withdrawal of the Derivative Items.

5.8[consent to in-app ad] you agree to the advertising or commercial activities on Shona when using the app, including but not limited to the banner advertisement, open-up advertisement, commercial activities or advertisement in the videos, etc. You accept to receiving commercial information by ways of information push, in-app publication, message or other reasonable methods; notwithstanding, Shona respects your privacy and will make sure to maximize your user experiences.

6.[Optional] Your Content/Use of Content

6.1[content provision on an as-is basis] You acknowledged with sufficiency that the Content on Shona is provided to you AS IS. You may access and enjoy the Services and the Content on Shona solely for personal use and in compliance with the applicable Laws.

6.2[content restrictions] You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any Content or list any Content or item or use Services on Shona in a way that:

6.3[no content generation liability] Shona does not have any role in creation of contents on Shona. Notwithstanding anything contained herein, Shona specifically disclaims all liability arising out of the Content. You retain all rights in, and are solely responsible the Content that you generate, create, submit, comment, upload, post or display on or through the App. You should only provide such Content that you are comfortable sharing with others. Shona reserves the right to remove Content alleged to be infringing or violation of any lawful right or applicable Law without prior notice, at our sole discretion of Shona.

6.4[acknowledge of inappropriate content] Shona does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, legality, suitability, or reliability of any Content posted via the Services on Shona. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. If you discover any of the situation as stipulated under Article 6.2 contained in the Content, you may contact us by email to [email protected] , with the related proof such as screenshots, to support your claim.

7.Warranties and Representations

7.1[no conflict]You acknowledge and agree that accepting and entering this Terms of Use will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions. Covenants, or provisions of any other agreement or instrument to which you are a party or by which you are bound or to which any of your property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of your duties hereunder. You have obtained any consent, approval, authorization of Authority required for the execution, delivery and performance of its respective obligations hereunder. If Shona suffers any loss or damages or a claim is made by any Person against Shona as a result of a breach or default or contravention on your part of this Terms of Use or other Shona Privacy Policy, you agree to, forthwith upon delivery of notice by Shona, make good such losses or damages or claim amounts to Shona all such losses or damages.

7.2[no litigation/proceeding] You confirm that there is no action, suit or proceeding pending against you or to your knowledge, threatened in any court or by or before any other Authority which would prohibit your entering into or performing obligations under this Terms of Use or other Shona Privacy Policy.

7.3[no assign of the account] You acknowledge and agree that you shall not transfer Your account and shall not assign any rights and obligations under these Terms and Policies to any third party without the specific written permission of Shona.

8.Intellectual Property

8.1[attribution of IP]You acknowledge that Shona owns all right, title and interest in and to the App, including all intellectual property rights therein. Shona's IP Rights are protected by applicable Laws . Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from Shona.

8.2[mutual grants of IP use] In order to operate and provide our Services, You grant Shona a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the Content in connection with the Services. The rights you grant in this license are for the limited purpose of operating and providing our Services, including, without limitation, promoting the Content for your benefit in or through other media formats or channels.

8.3[mutual grants of IP use]We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, our trademarks, icon, logo and other marks related, subject to and in accordance with this Terms of Use. This license is for the sole purpose of enabling You to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

8.4[in-app punishment measure] Shona reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to You. We will respond to notices of alleged infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this at [email protected] .

9.Third Party Link

You acknowledge and agree that Shona might contain links leading you to other website/wepsite or sources (the "Third-party Link"), and Shona has no control over the activities or contents on the landing pages of such Third-party links. Thus Shona is not liable for the contents or activities carried out on the landing pages of the Third-party links. We recommend you to carefully review the respective Terms of Use and the Privacy Policy of such Third-party sources when you leave Shona by clicking the Third-party links and jump to the landing pages.

10.Privacy Policy and Information Disclosure

10.1Our Privacy Policy describes what kind of information we collect, how we handle the information You provide to us when You use Shona. You understand that through your use of the Services You consent to the collection and use (as set forth in the Privacy Policy) of this information, including the storage, processing, sharing and use of this information, and the protection policy by us.

10.2 Shona views the protection of user's privacy as a very important community principle. Shona clearly understands that the information provided by you, personal or non-personal, is one of the most important assets to Shona. Shona stores and processes the information provided by you that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Law.

10.3 Shona may need to disclose your personal and other information or Contents provided by you when required by law or the competent govern bodies, in relation to compliance with a court order, ongoing judicial proceeding, administrative proceeding, or any other legal process or request to Shona brought in any country/region where Shona carries out business, or to exercise Shona's legal rights or defend against legal claims.

YOU ACKNOWLEDGE AND AGREE THAT Shona may also disclose your personal and other information you provide, to another third-party as part of a re-organization or an investment into the Company or a sale of any or substantially all of the business of the Company. Any third party to which the Shona or its shareholders transfer or sell Shona's shares or assets will have the right to continue to use the personal and other information that you provide

11.Breach, Remedies and Indemnification

11.1[punishment measures] Under the circumstance of any of your breach of this Terms of Use provided hereto, without limiting other remedies, Shona may pursue, at its sole discretion, take such action as it deems fit, including but not limited to (i)suspension or removal of the Content you generate, create, upload or share; (ii)limitation, suspension or cancellation of your account, (iii)limitation or cessation of your access or use of Shona; (iv)limitation, suspension or cessation of your Payment Facility gateway on Shona; (v) removal or deletion of your information; (vi) report to the competent Authority and coordinate with the investigation; (vii)legal remedies applicable under the Laws; and/or (v) other applicable methods that Shona deems fit on a case-by-case basis. shall not be responsible and/or liable for removing or deleting such information.

11.2[indemnification] You shall indemnify and hold harmless Shona, its subsidiaries, Affiliates, Internal Service Provider and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys' fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, including the Policies incorporated herein, by reference, or your violation of any applicable Law, rules or regulations or the rights of a third party or resulting from untrue, inaccurate, not current or incomplete information provided or verified by You.

12.Warranty Disclaimers

YOU ARE FULLY AWARE THAT SHONA IS A MOBILE PLATFORM OF VIDEO CALL AND CHAT SO THAT YOUR USE OF THE SERVICES ON SHONA SHALL BE SOLELY AT YOUR OWN RISK. SHONA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. SHONA MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS ON SHONA OR CONTENT FROM ANY WEBSITE/RESOURCE OR LINKED TO SHONA; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III)ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ALL FINANCIAL INFORMATION STORED THEREIN, (IV)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES. SHONA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR PROVIDED BY ANY THIRD PARTY THROUGH SHONA OR THROUGH HYPERLINKED IN ANY ADVERTISING PLACEMENTS ON SHONA. YOU ACKNOWLEDGE THAT SHONA WILL NOT BE A PARTY TO OR IN ANY WAY BE LIABLE FOR MONITORING THE TRANSACTION, IF ANY, BETWEEN YOU AND ANY OTHER USER OF SHONA OR ANY THIRD PARTY, WHERE SUCH TRANSACTION IS NOT PART OF THE SERVICES PROVIDED BY SHONA.

13.Limitation of Liability

In no event shall Shona, its officers, directors, employees, or agencies, affiliates, service providers and Internal Service Providers be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with (i)errors, mistakes, omissions, or inaccuracies of Content; (ii)personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Shona; (iii)any unauthorized access to your secure servers and/or all personal information therein; (iv)any interruption or cessation of use or Services on Shona; (v)any bugs, virus, trojan horses, or the like, which may transmitted to or through our servers by any third party; (vi)any loss or damage incurred as a result of your use of the Services, and/or (vii) any delay, failure, interruption or errors in connection with the Pay Facility, whether based on warranties, contracts, torts, or any other legal theory, and whether or not Shona is advised of the possibility of such damages. The limitation of liability under this provision shall apply to the full extent permitted by the applicable Laws.

14.Payment for Paid Services

14.1 Shona may include the virtual gifts, coins ("Props") which can be bought by the users when using Shona. Users will use real money to buy Shona Props in accordance with the rules, policies and processes of Shona Props system, and then use Props to use part of Shona's functions or send to other Users. Before users start using the Props, Shona will give the user clear instructions, and should after users confirm their willingness to pay and use the Props, Shona will proceed payment proceeds of user buying the Props through the Pay Facility in accordance with the rules, policies and processes set forth. If then you refuse or choose not to follow the instruction of payments, it shall be deemed that you do not confirm your willingness of paying and use of the Props and you will not able to use such Props.

14.2You agree and accept that Shona is neither acting as trustee nor acting in a fiduciary capacity with respect to the Props Services in consideration of providing the third party Pay Facility for facilitation of your subscription of the Props.

15.Report of Grievance

In case of any grievance, objection or complaint on your part with respect to Shona, other users of Shona, including any complaints or enquiry about the measures Shona taken with respect to your use of Shona, you should promptly raise such grievance or complaint to our designated email address for grievance receiving at [email protected] and provide us with all necessary information and/or documents to enable the Shona to try and resolve the issue(s).

16.Miscellaneous

16.1No actions, omissions or decisions taken by Shona shall be deemed a waiver of any rights or claims that Shona may have against the user. Any user that may have been taken measures by Shona such as account suspension or Content deletion may not register/restore or attempt to register/restore the Shona account or the respective Content in any manner whatsoever until such time that such user is reinstated by the Shona. Notwithstanding the above, if you breach this Terms of Use or the Policies and other documents incorporated therein by reference or any other agreements entered into between Shona and you in addition to this Terms of Use and/or the Policies, apart from the measures stated under Article 11, Shona reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.

16.2None of the provisions of this Terms of Use shall be deemed to constitute a partnership or joint venture or agency between you and Shona, and you shall have no authority to bind Shona in any manner whatsoever.

16.3Except as explicitly stated otherwise, any notice directed to Shona shall be given by email to [email protected] and any notice to you by Shona shall be provided to you by in-app public notice and you shall pay attention to the in-app notification on the first page of Shona from time to time. Notice shall be deemed to be delivered as soon as it has been given. It shall be the sole obligation of the you to keep Shona updated about any change of your contact details. Failure in notice of the in-app notification on the part of the user, or failure to receive the notification on the part of user due to negligence to update the the contact details on Shona, shall not render such notices invalid.

16.4If any clause of this Terms of Use and/or the Policies thereof shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this Terms of Use and/or the Policies other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Terms of Use and/or Policies shall be valid and enforceable to the fullest extent permitted by applicable Laws.

16.5This Terms of Use, together with the other Policies, entered between Shona and you, incorporated herein by reference, constitute the entire understanding and agreement between you and Shona with respect to the subject matter herein.

16.6Subject to the Dispute Resolution hereunder and to any dispute resolution agreement separately agreed between Shona and you in any other agreements, all remedies of Shona and users under this Terms of Use whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

17.Confidentiality

17.1You acknowledge and agree that Shona does not represent or warrant maintaining the confidentiality of Content shared, transferred, uploaded, commented or posted by you; although our endeavor is always to ensure reasonable efforts to maintain confidentiality of the information of your account, payment process or other information that Shona bears the confidentiality responsibilities under the applicable Laws in accordance with Shona Privacy Policy.

17.2All confidential information given to or received by you from Shona shall be kept confidential by You (whether or not such information or data has been marked as confidential) unless specifically permitted to the contrary in writing from Shona.

17.3Further Shona may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial, partners or service providers other than users of Shona.

17.4This confidentiality obligation shall survive the termination of this Terms of Use.