TenderU User Agreement

Last updated: January 2024

Contact us:service@tenderu.me

1. Particular Notifications

This TenderU User Agreement (hereafter, the "Agreement") sets forth the terms and conditions under which you may use our services, which include the social network and video streaming software TenderU software, which we have developed. Letsfun Technology Co,. Limited or one of its affiliates (hereafter referred to as "we" or "TenderU"), a corporation with its registered address in Hong Kong, is the opposite party. You and TenderU will be referred to as the "Parties" and each as a "Party" for the purposes of this Agreement.

You agree to abide by TenderU's Privacy Policy, TenderU's Community Conventions, and the Broadcaster Agreement when using the Services. You may also be subject to any additional policies or procedures that are posted on the Services, made available to you, or that are relevant to particular features and services that are disclosed to you in connection with such services. We could also provide some paid services, which would come with extra terms and conditions that we would disclose to you.

You accept the terms of this Agreement by using our services or by selecting "Sign Up" when registering. This Agreement may be updated from time to time, in our sole discretion. The most recent version may be viewed at the following link: User Agreement under About Us. You accept that the updated Agreement will apply to you if you use our services going forward.

According to the prevailing laws and regulations in your country, you may only use our Service if you are 18 years of age or older and if you are not subject to a statutory age limit to engage into this Agreement.

Your TenderU account and password are entirely your responsibility to keep secure. You will be fully accountable for all behaviors and activities carried out through your TenderU account, which will be considered your own actions.

We do not deal with people or organizations in Cuba, Iran, North Korea, Sudan, Syria, or the Crimean peninsula, nor do we take donations from them. It might not be allowed for you to use the Services if you are from one of these areas.

2. Services Content

Giving individuals the ability to create communities, connect the globe, and share their special experiences is our aim. We offer you the following services in order to support the advancement of our mission and our ambition to be a content platform that inspires the lives of one billion people:

i. Content Created by Users.

Users of TenderU may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Services ("User Content"). They can also use services like chat, bulletin boards, forum postings, and voice interactive services. Additionally, users of the Services have the option to submit this User Content via the Services and overlay it with music, images, stickers, virtual goods, and other features made available by TenderU (collectively, "TenderU Features"). We do not endorse the opinions or values expressed by other users on the Services, including via the use of virtual gifts.

ii. Assist you in finding information, goods, and services that you might find interesting.

To assist you in learning about the goods and services provided by the numerous companies and organizations who utilize TenderU, we display advertisements, offers, and other sponsored material.

iii. Stop detrimental behavior and defend and uplift our community.

To identify instances when we might be able to support or safeguard our community, as well as instances where there has been misuse of our services, we employ committed personnel all around the world and create cutting-edge technology systems. We will respond appropriately if we become aware of such content or behavior, which may include reaching out to law enforcement, deleting the offending content, blocking access to specific services, deactivating an account, or giving assistance.

iv. Access to our Services from anywhere

We must store and distribute content and data in our data centers and systems all around the globe, including outside of your nation of residency, in order to run our worldwide service. Letsfun Technology Co., Limited and its affiliates may be in charge of or run this infrastructure.

3. User-Generated Content

Users may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the TenderU Services ("User Generated Content/UGC"). We also permit users to distribute pre-recorded audio-visual works and to use TenderU Services, such as chat, bulletin boards, forum postings, and voice interactive services.

If you publish, post, display, submit, and/or upload any of your user-generated content (UGC) in connection with the TenderU Services, unless otherwise specified in a written agreement between you and TenderU that was signed by an authorized representative of TenderU, you grant TenderU and its sub-licensees the freedom to use, copy, modify, adapt, publish, translate, edit, dispose of, create derivative works of, distribute, perform, and publicly display such UGC (in whole or in part), as well as to incorporate such UGC into future or existing works of work, media, or technology.

The rights you have given with regard to UGC expire when you remove it from TenderU Services or, generally speaking, when you close your account, with the exception of the following situations: (a) when we utilize it for promotional purposes; and (b) during the reasonable amount of time it takes to remove from backup and other systems.

Your UGC and the repercussions of uploading, publishing, transmitting, or otherwise making your UGC public on the TenderU Services are entirely your responsibility. You realize and agree that any user-generated content (UGC) you upload or contribute is entirely your responsibility; you bear no duty whatsoever for its appropriateness, correctness, legality, or reliability. Regarding the accuracy or substance of any User Generated substance (UGC) that you or any other TenderU Service user submits, we neither guarantee nor are we accountable to any third party. We have no control over the user-generated content (UGC) you submit or contribute, and we offer no guarantees of any kind about user-submitted or contributed UGC.We are not required to examine user-generated content (UGC), even if we do it occasionally. We shall not be held accountable or liable in any kind for any claim pertaining to user-generated content (UGC) that is submitted by users.

Furthermore, unless you have permission from the material's rightful owner or you are otherwise legally permitted to provide the material and to grant the TenderU Services all of the license rights granted herein, you further agree that any user-generated content (UGC) you submit to the TenderU Services will not contain material protected by copyright or subject to other third-party proprietary rights.

The opinions, recommendations, and advice stated in any UGC posted by users or other licensors are not endorsed by TenderU Services, and any liability associated with UGC is explicitly disclaimed by TenderU Services.

4.Third-Party Content

TenderU Service may offer additional third-party material on the TenderU Services in addition to User Generated material (collectively, the "Third-Party Content"). It should be noted that TenderU has no control over, affiliation with, or warranty of any kind regarding any Third-Party Content, including without limitation any information on its correctness or completeness. Please be advised that we do not produce, maintain, or watch over Third-Party Content. As a result, any Third-Party Content on the TenderU Services is not our responsibility.

The choice of whether or not to use or access third-party websites or applications (the "Reference Sites") that are linked from the TenderU Services is yours. TenderU disclaims all liability and makes no representations or guarantees of any kind regarding the Reference Sites, nor does it control or recommend any such Reference Sites or the data, materials, goods, or services available on or via Reference Sites. Furthermore, any communication or transaction you have with advertisers located on or via the TenderU Services, as well as any promotions you take part in, are strictly between you and that advertiser. You bear all liability for your access to and use of Reference Sites and the content, materials, goods, and services on or made accessible via Reference Sites.

5. Account

You will need to give us some details, including your account name and password, in order to create an account.

You alone are in charge of protecting the privacy of your password and account, limiting access to your computer, and being accountable for any actions taken using your password or account. To the best of your knowledge, please ensure that the information you give TenderU upon registration and at all other times is true, accurate, current, and full.

We could allow you to use specific third-party services to sign up for and use the Services. Your information may only be collected, used, and disclosed by third parties in accordance with the privacy policies of such third party services. Our Privacy Policy contains further details on how TenderU gathers, utilizes, and shares your personal information when you link your TenderU account to any third-party service.

We reserve the right to terminate your user account for any reason, including if you have broken any of the terms of service or engage in any activity that, in our sole discretion, could harm the Services, infringe upon the rights of third parties, violate applicable laws or regulations, or cause other harm.

We can handle the deletion of your account if you decide you no longer wish to utilize our services. Kindly reach out to us at service@tenderu.me, and we will offer you further support and mentor you throughout the procedure. You won't be able to get your account back after you decide to delete it, nor will you be able to access any of the additional material or data.

6. Privacy

TenderU respects your right to privacy. For details on how we gather, use, and disclose your personal information as well as how you may control your online privacy while using the Services, please refer to our Privacy Policy.

7. Use of the Services

All relevant laws and regulations, as well as these terms, govern your access to and use of the Services. You promise to abide by TenderU's community guidelines and our terms of service. You also promise not to:

I. to produce, publish, transmit, distribute, or store any content that violates any law, is untrue, obscene, pornographic, violates someone else's right to privacy or publicity, is abusive, threatening, inflammatory, or otherwise objectionable;

ii. use another person's identity or the content of information sent over the Services, impersonate any person or entity, fraudulently assert an association with any person or entity, gain unauthorized access to another person's TenderU account, or engage in any other type of fraud;

iii. disparage, harass, mistreat, threaten, or defraud TenderU users; or gather, or seek to gather, personal data about users or other parties without authorization,

iv. eliminate copyright or other proprietary rights notices from the Services or User Content; obstruct, disable, damage, or interfere in any other way with security-related features of the Services or User Content; restrict or prohibit use or copying of any content accessible through the Services; impose usage limits on the Services or User Content;

v. reverse engineer, decompile, disassemble, or make any other attempt to find the source code of the Services, or any portion of it, unless and until the legislation in your jurisdiction of residency specifically permits such an activity;

vi. alter, adapt, translate, or produce derivative works based on the Services or any portion of them, unless and until such activity is specifically allowed by relevant law, in which case this restriction will not apply;

vii. By any means, interfere with or harm the way the Services operate or the way users enjoy them; this includes uploading or otherwise spreading malware, adware, spyware, worms, or other harmful programming;

viii. tamper with identifiers to conceal the source of any user content sent via the Twitch Services;

ix. interfere with, disrupt, or prevent other users from using the services to their full potential; use the services in any way that could interfere with, disrupt, negatively affect, or prevent other users from using the services to their full potential; or that could damage, disable, overburden, or impair the functioning of the services in any way;

x. make an effort to get around any content filtering measures we use, or try to access any service or section of the Services that you aren't supposed to be using;

xi. utilize the Services for any illicit activity or in contravention of any local, state, federal, or international law or regulation, including, but not limited to, those pertaining to data security, privacy, and intellectual property rights.

In addition, TenderU disclaims all liability and accepts no responsibility for any User Content, including any loss or harm resulting from it. You may also encounter errors, falsehoods, libel, slander, obscenity, pornography, or profanity when using the Services. You bear all liability for your use of the Services. Furthermore, these guidelines don't give rise to any third party's private right of action or a legitimate expectation that the Services won't include any content that is forbidden by them.

Regarding any claims or assertions contained in User Content, TenderU disclaims all liability. TenderU explicitly disclaims any and all liability in connection with User Content and does not endorse any opinion, suggestion, or advice stated in User Content. You are solely responsible for making backup copies of and replacing any User Content you post or store on the Services at your own cost and expense. TenderU reserves the right, to the fullest extent permitted by applicable law, to remove, screen, or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these terms of use of the Services or applicable law. Your permission to use the Services may be terminated or suspended, among other consequences, for using the Services in a way that is inconsistent with the aforementioned conditions of use.

6. Virtual Items

You must be at least 18 years old (or the age of majority in your country) in order to purchase virtual tokens (also known as "tokens") and virtual credits (also known as "credits"), send gifts to others, receive gifts with monetary value, earn virtual credits (also known as "credits"), and withdraw beans.

At the point of sale, the Diamonds' price will be shown. The applicable payment method will be used to process all charges and payments for Diamonds in the currency that was indicated at the time of purchase. Your agreement with the relevant payment provider governs currency exchange settlements, international transaction fees, and any applicable payment channel fees.

You shall be liable for the payment of any Diamonds that you acquire. Diamonds will be credited to your user account when your transaction is complete. You may buy gifts using diamonds. Diamonds are not redeemable for money, legal tender, state, regional, or national currency, or any other type of credit. Diamonds can only be used on TenderU and in connection with our services; they cannot be combined or used with any other special offers, discounts, coupons, or promotions outside of those that we specifically specify.

We do not provide refunds for any Diamonds and Gifts that you have purchased, unless otherwise specified in this Agreement. All purchases of Diamonds and Gifts are final. Diamonds and gifts are non-refundable and cannot be exchanged for cash. We are therefore unable to issue refunds or reimbursements.

7. Payment Terms

We accept payment using major credit cards, certain debit cards, and/or any other payment options we may occasionally provide on our website. Any terms and restrictions associated with the payment method you select apply to you. You give us, or our approved payment processor, permission to charge the account you designate with the purchase amount when you place an order through the Service. Unless another currency is offered through the payment mechanisms that TenderU has made accessible, all payments must be made in US dollars.

In order to process payments through its financial institutions and adhere to relevant local, state, federal, international, and national laws and regulations, our payment processing partners may ask you for certain personal information (such as your date of birth, legal name, address, and valid government-issued ID). If there are any problems with a payment, they could also get in touch with you personally.

Please check that all the information is accurate and resubmit if an online purchase has been refused because of problems with your payment method. If the online transaction is declined, please send an email to customer service using the address you were given while making the purchase. To make purchases using the Service, please email service@tenderu.me.

8. Auto-Renewal; Automatic Card Payment

Your Payment Method will be charged for the duration of any auto-recurring periodic subscription that you buy through an in-app purchase until you cancel. If you don't cancel your membership before the renewal date, it will automatically continue beyond your original commitment term for an unlimited amount of time at the price you agreed upon when you signed up. In compliance with the Agreement, your card payment information will be saved and later utilized for the automated card payments.

If you were billed directly by TenderU, you should file any objections to an already-made payment with Customer Support or the appropriate third-party account, such the App Store. You can also object by getting in touch with your bank or payment processor, who can provide you further details about your rights and any relevant time constraints. By visiting Settings on TenderU or the applicable third-party account, you can unconditionally withdraw your agreement to automatic card payments at any time. However, please note that you will still be responsible for paying any outstanding sums.

Even if you have deleted the TenderU application from your device or otherwise deleted your account with us, the simplest way to modify or cancel your subscription is to log in to your third-party account (or Settings on TenderU, if applicable) and follow the instructions. TenderU will keep any money charged to your Payment Method until you terminate or cancel your subscription on TenderU or the third-party account, as applicable. Deleting your TenderU account or the TenderU application from your device does not terminate or cancel your subscription. Your membership will not be renewed after your then-current term expires if you terminate or cancel it. You may use your subscription up until the end of your then-current subscription term.

If you live in Germany and are one of our members, you can cancel your membership after it has renewed with a month's notice. This does not impact your right to terminate for any reason.

Extra Conditions that come into play if you use your Payment Method to pay TenderU directly. Even after it has asked or received payment, TenderU may fix any billing errors or faults if you pay it directly. TenderU retains the right, at its sole discretion, to immediately cancel your account if you start a chargeback or otherwise reverse a payment made with your Payment Method.

You can modify the details of your payment method by heading to Settings on TenderU. You remain liable for any amounts that are not collected and give us permission to keep billing the Payment Method, as it may be updated, if a payment is not successfully settled for any reason—expiration, insufficient funds, or otherwise—and you do not change your Payment Method information or end or cancel your subscription. The dates of your payment invoices may alter as a result of this. Furthermore, you give us permission to collect from your credit or debit card issuer any updated or replacement card numbers and expiration dates. Agreements between you and the financial institution, credit card issuer, or other provider of your selected Payment Method may govern the terms of your payment, which will be depending on your Payment Method. You acknowledge that Letsfun Technology CO., Limited will process your payment to TenderU if you live outside of the Americas.

9. Refunds

In general, there are no credits or refunds for partially utilized periods, and all costs for purchases are non-refundable. If you seek a refund for a subscription offering within fourteen days of the transaction date, or if refunds are permitted by law in your country, we could make an exception.

According to local legislation, customers who live in the EU or European Economic Area are entitled to a complete refund within 14 days of the subscription starting, no explanation needed. Please be aware that the start of the subscription marks the beginning of this 14-day term.

According to local legislation, members and buyers of virtual items who live in the Republic of Korea are eligible for a complete refund of their subscription fee and any unused virtual items within the first seven days of the transaction. Please be aware that the seven days start from the time of purchase.

Virtual item purchases are final and non-refundable, with the exception of members who reside in the Republic of Korea, as mentioned above.

To ask for a reimbursement:

Refunds for purchases made with your Apple ID are handled by Apple rather than TenderU. Go to the App Store, click on your Apple ID, choose "Purchase history", locate the transaction, and then pick "Report Problem" to initiate a refund request. Alternatively, you may use https://getsupport.apple.com to make a request.

If you made a purchase through TenderU directly or through your Google Play Store account, please get in touch with customer support and provide your order number for TenderU (found on your confirmation email) or the Google Play Store (found in the order confirmation email or by logging into Google Wallet). A written and dated notification stating that you, the buyer, are canceling this Agreement, or words to that effect, may also be mailed or delivered. Together with your order number, please also give the email address or cellphone number connected to your account.

With the exception of purchases made with your Apple ID, which are under Apple's control, if you exercise your right to cancel the Agreement, we will promptly reimburse all of your payments (or request that Google reimburse us) and in any event, within 14 days of the day we were notified of your decision to do so. We will provide the refund using the same payment method that you used when making the original purchase. In any event, you won't be assessed any costs as a result of the return.

Kindly contact the third-party merchant you made your purchase via to obtain a refund if you used a payment platform not mentioned above.

Orders for digital material that is not delivered on a physical media cannot be canceled once order processing has started with your express prior approval and awareness that you will thereby forfeit your right to cancel. This holds true, for instance, when buying virtual items. This implies that these purchases are NON-REFUNDABLE AND FINAL.

10. Pricing

TenderU is a worldwide company, and there are several variables that affect our price. We often provide special pricing, which might change depending on a number of factors including area, subscription duration, bundle size, and more. We also test new features and payment methods on a regular basis.

11. Rights to Intellectual Property

All content—text, data, pictures, graphics, music, video, and other—found in TenderU's services are its property and are shielded against infringement by copyright, trademark, and/or other property rights laws. Nothing in this Agreement should be interpreted as granting you a license by TenderU to use any intellectual property rights or such content.

You grant TenderU and its sub-licensees the freedom to use, copy, modify, adapt, publish, translate, edit, dispose of, create derivative works of, distribute, perform, and publicly display such content (in whole or in part) as well as to incorporate such content into future or existing forms of work, media, or technology by using and/or uploading any live stream content or other content through a TenderU Service to publicly accessible areas of the TenderU website. This permission is unrestricted in terms of territory or time, and does not require any approvals or payments.

12. Terminating Services

The TenderU retains the right, to the maximum extent allowed by applicable law, to immediately terminate your license to use the Services (including to post User Content) and to block or prevent your future access to and use of the Services. In such cases, we may do so if we believe that: (a) your use of the Services violates this Agreement or applicable law; (b) you use or misuse the Services fraudulently; or (c) we are unable to continue providing the Services to you for technical or legitimate business reasons. This covers the option to stop using any goods or services you've paid for, temporarily or permanently. To the maximum degree allowed by applicable law, you may terminate your account and stop using all portions of the Services as your only recourse for any dissatisfaction with (i) the Services, (ii) any term of these terms of service, (iii) any policy or practice of TenderU in operating the Services, or (iv) any content or information transmitted through the Services.

13. Disclaimers

If there are any hazards associated with utilizing TenderU Services, you are solely liable for them. You assume full responsibility for any use or reliance on TenderU Services.

TenderU makes no guarantees on whether the services will meet your needs or if they will continue without interruption. Furthermore not guaranteed are the Services' correctness, security, and timeliness. You understand and accept that TenderU is providing the Services "as is." Regarding the operation and provision of such Services, or any portion thereof, TenderU makes no explicit or implied guarantees or warranties of any kind. TenderU disclaims all liability with regard to the completeness, timeliness, accuracy, and quality of the Services, as well as any liability resulting from your use of the Services.

The authenticity and integrity of any external links that you may be able to access through the Services, as well as any links that are just there for your convenience, are not guaranteed by TenderU. TenderU disclaims all liability and responsibility for the content of any connected website and any link contained in a linked website. TenderU will not be held accountable or liable for any loss or damage resulting from your use of the Services, whether directly or indirectly. Furthermore, TenderU disclaims any liability for the content of any website to which you may be led through an external link that is not maintained by TenderU.

Any interruptions or deficiencies in the services that are brought on by a force majeure event or that are otherwise outside of TenderU's control are not covered by TenderU's liability policy. TenderU will, however, make a reasonable effort to reduce any losses that may arise and their effect on you.

14. Legal Jurisdiction

This Agreement shall be interpreted and controlled by the laws of Hong Kong, excluding considerations of choice of law. Arbitration administered by the HongKong International Arbitration Centre in accordance with the Arbitration Rules of the HongKong International Arbitration Centre for the time being in force shall be used to settle any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination. This clause is deemed to incorporate by reference the rules of the arbitration. Hong Kong will serve as the arbitration's seat. English will be used as the arbitration's language. Please go here to submit a request.

15. Request for information

All requests for documents or information pertaining to ongoing, prospective, or anticipated legal proceedings, disputes, investigations, or third-party user information from any TenderU service must be made in accordance with the applicable legal process and properly served on TenderU through LETSFUN TECHNOLOGY CO., LIMITED.

16. Modification of the Agreement

We may occasionally improve the functionality of our Services, merge many apps or services run by us or our affiliates into a single consolidated service or app, or adjust these terms of the Agreement in response to legislative changes, among other reasons. Any significant modifications to these conditions will normally be communicated to all users by commercially reasonable means, such as a notification on the TenderU platform. But, you should review the Agreement frequently to be sure that any modifications have occurred. After the revised terms go into effect, you agree to them by continuing to access or use the Services. You must cease using the Services and gaining access to them if you disagree with the updated terms.

17. Other Terms

The full agreement between the parties about the goods agreed upon and other pertinent topics is contained in this agreement. Neither Party to this Agreement is entitled to any additional rights save those expressly granted by it.

The remaining terms of this Agreement will still be enforceable and effective even if any one of them is declared void or unenforceable in whole or in part by authorities.

This Agreement's headers are for convenience only and will not be taken into consideration when interpreting the text.