Mobile Application: “Go-Social”

IMPORTANT — PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE “G” APPLICATION. BY CREATING AN ACCOUNT, TAPPING “I AGREE”, OR ACCESSING ANY PART OF THE PLATFORM OR SERVICES, YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH MICROS PTE. LTD. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST NOT USE THE PLATFORM AND MUST IMMEDIATELY UNINSTALL THE APPLICATION.

1. DEFINITIONS AND INTERPRETATION

1.1  In this Agreement, unless the context otherwise requires, the following terms shall have the meanings set out below:

“Agreement” means these Terms of Service and End User Licence Agreement, together with the Privacy Policy, Community Guidelines, and all supplemental policies incorporated herein by reference, as amended from time to time.

“Application” or “Platform” means the “G” mobile application, associated website(s), APIs, software, and all related features, services, and technologies owned and operated by MicroS Pte. Ltd.

“Celebrity” or “Creator” means any verified public figure, content creator, influencer, artist, or personality who holds a verified account on the Platform.

“Company”, “MicroS”, “We”, “Us”, or “Our” means MicroS Pte. Ltd., a company incorporated in Singapore, and its successors and permitted assigns.

“Content” means any text, images, photographs, audio, video, live streams, graphics, links, data, or other material created, uploaded, posted, shared, or transmitted on or through the Platform by any person.

“Intellectual Property Rights” means all patents, copyrights, trade marks, service marks, trade secrets, design rights, database rights, moral rights, and all other intellectual or industrial property rights of any kind, whether registered or unregistered, and all applications therefor, anywhere in the world.

“Merchandise” means any physical or digital goods offered for sale through the Platform’s marketplace by the Company, Creators, or authorised third-party sellers.

“Minor” means any individual under the age of 18 years, or such higher age as may be prescribed by applicable law in the User’s jurisdiction.

“Payment Gateway” means any third-party payment processing service provider(s) integrated with the Platform from time to time, as notified to Users (“Payment Gateway Provider”). The identity of the Payment Gateway Provider(s) will be disclosed at the point of transaction.

“Prohibited Content” has the meaning ascribed in Clause 8.

“Services” means all features, functionalities, products, and services made available by the Company through the Platform, including social networking, content sharing, live streaming, the marketplace, and advertising.

“User”, “You”, or “Your” means any individual who accesses, downloads, installs, or uses the Platform in any capacity, whether as a registered account holder or as an unregistered visitor.

“User Content” means Content created, uploaded, or shared on the Platform by a User, as distinct from Content created or provided by the Company or Creators.

1.2  Interpretation. References to “include” or “including” are without limitation. Headings are for convenience only and do not affect interpretation. The singular includes the plural and vice versa. References to any statute or regulation include any amendment, re-enactment, or subordinate legislation made under it. References to “days” mean calendar days unless stated otherwise.

1.3  Language. This Agreement is executed in English. In the event of any translation, the English language version shall prevail.

2. ACCEPTANCE OF TERMS AND USER ELIGIBILITY

2.1  Acceptance

By accessing, downloading, installing, or using the Platform in any way, You unconditionally accept and agree to be legally bound by this Agreement. If You are accepting on behalf of a corporation, partnership, or other legal entity, You represent that You have full authority to bind that entity, and references to “You” shall include that entity.

2.2  Eligibility

You may use the Platform only if all of the following conditions are satisfied:

  • You are at least 18 years of age. If You are between 13 and 17 years of age, You may only use the Platform with the verifiable consent of a parent or legal guardian, who shall assume full legal responsibility for Your use of the Platform and compliance with this Agreement;
  • You are not prohibited or restricted from receiving or using the Services under the laws of Singapore or any other applicable jurisdiction;
  • You have not previously been permanently suspended or banned from the Platform by the Company;
  • You are not a registered sex offender or subject to any court order restricting Your interaction with Minors or Your online activity;
  • All information You provide to register and maintain Your account is and remains accurate, truthful, and complete.

2.3  Global Access and Local Law Compliance

While the Platform is available globally, it is Your responsibility to ensure that Your access to and use of the Platform complies with all laws, regulations, and rules applicable in Your country of residence or access. The Company makes no representation that the Platform is lawful, appropriate, or available for use in all locations. If access to the Platform is prohibited in Your jurisdiction, You must not access it.

2.4  Age Verification

The Company reserves the right to implement age verification mechanisms at any time and to require Users to provide satisfactory proof of age before accessing certain features, including but not limited to payment functions, adult-oriented content (where applicable), and Creator verification. Failure to provide satisfactory verification may result in restriction or suspension of Your account.

3. ACCOUNT REGISTRATION AND SECURITY

3.1  Registration Requirements

To access most features of the Platform, You must register for an account. When registering, You must:

  • Provide Your legal name, a valid and accessible email address, date of birth, and mobile phone number;
  • Create a secure, unique password;
  • Register only one (1) personal account for Your own individual use;
  • Choose a username that does not impersonate any person or entity, is not offensive, and does not infringe any third-party Intellectual Property Rights.

3.2  Account Security

You are solely and entirely responsible for:

  • Maintaining the strict confidentiality of Your login credentials;
  • All activity and transactions conducted through Your account, whether or not authorised by You;
  • Immediately notifying the Company at [support-email@g-app.com] if You become aware of any unauthorised access to or use of Your account.

The Company will not be liable for any loss, damage, or liability arising from Your failure to maintain the security of Your account credentials. The Company will never request Your password via email or in-app messages.

3.3  Account Accuracy

You must maintain and promptly update Your account information to ensure it remains accurate, current, and complete at all times. The Company may, at its discretion, suspend or terminate accounts containing materially inaccurate or misleading information.

3.4  No Account Sharing or Transfer

Your account is personal to You. You must not share, sell, transfer, or grant access to Your account to any third party without the Company’s prior written consent. Any purported transfer without such consent is void and may result in immediate account termination.

4. LICENCE GRANT AND RESTRICTIONS

4.1  Licence to You

Subject to Your full and ongoing compliance with this Agreement, the Company grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (a) download and install the Application on mobile devices that You own or control; and (b) access and use the Services solely for Your personal, non-commercial purposes as contemplated by this Agreement.

4.2  Restrictions

You must not, and must not permit any third party to:

  • Copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works based on the Platform or any part thereof;
  • Use the Platform for any commercial purpose, public display, or public performance without the Company’s prior written consent;
  • Remove, obscure, or alter any copyright, trade mark, or other proprietary notices contained in or displayed on the Platform;
  • Use automated means including bots, crawlers, scrapers, or data-mining tools to access, extract, monitor, or copy any Content or data from the Platform without prior written permission;
  • Circumvent, disable, or interfere with any security feature, access control, or rights-management mechanism of the Platform;
  • Use the Platform to develop, test, or promote any competing product or service;
  • Sublicense, sell, resell, transfer, or assign the rights granted under this licence;
  • Interfere with or disrupt the integrity, performance, or availability of the Platform, its servers, or networks connected to it.

4.3  Licence of Your Content to the Company

By posting, uploading, or sharing User Content on the Platform, You grant the Company a non-exclusive, royalty-free, worldwide, perpetual (subject to Clause 13), irrevocable, sublicensable, and transferable licence to host, store, cache, reproduce, modify, adapt, publish, publicly display, distribute, and create derivative works of Your User Content, solely for the purposes of operating, improving, promoting, and providing the Services, and as otherwise described in the Privacy Policy.

4.3.1  You represent and warrant that: (a) You own or hold all rights, licences, consents, and permissions necessary to grant the above licence; (b) Your User Content does not infringe any third-party Intellectual Property Rights, privacy rights, or any other rights; and (c) You have obtained the consent of any identifiable individuals featured in Your User Content.

4.4  Company Intellectual Property

All rights, title, and interest in and to the Platform, including all software, designs, graphics, text, and other content provided by the Company (excluding User Content), are and shall remain the exclusive property of the Company or its licensors. Nothing in this Agreement transfers any ownership of Intellectual Property Rights in the Platform to You.

4.5  Feedback

If You submit feedback, suggestions, ideas, or recommendations relating to the Platform or Services (“Feedback”), You hereby irrevocably assign all Intellectual Property Rights in such Feedback to the Company. The Company may use, reproduce, and exploit Feedback for any purpose without restriction, attribution, or compensation to You.

5. PLATFORM SERVICES

5.1  Description of Services

The Platform provides, without limitation, the following Services:

  • Social networking features enabling Users to discover, follow, and interact with Creators and other Users;
  • Messaging, audio and video calls, live streaming, and content-sharing functionality;
  • A marketplace for Merchandise sold by Creators and authorised partner brands;
  • Personalised content feeds, discovery algorithms, and search;
  • Brand endorsement and advertising channels connecting Creators with businesses;
  • Community features including groups, events, and fan clubs.

5.2  Service Modifications

The Company reserves the right to modify, update, suspend, or discontinue any feature or aspect of the Services at any time. Where reasonably practicable and where changes are material, the Company will provide Users with prior notice. The Company shall not be liable to You or any third party for any modification, suspension, or discontinuation of the Services.

5.3  Availability

The Platform is provided on an “as is” and “as available” basis. The Company does not guarantee that the Platform will be available continuously, without interruption, or free of errors or defects. Scheduled maintenance, emergency repairs, and circumstances beyond the Company’s control may result in temporary unavailability.

5.4  Third-Party Services and Integrations

The Platform may integrate with or link to third-party websites, applications, content, or services (“Third-Party Services”). The Company does not endorse, control, or accept responsibility for any Third-Party Services. Your use of Third-Party Services is governed solely by those third parties’ terms and policies, and the Company shall not be liable for any loss, damage, or liability arising from Your use of Third-Party Services.

6. PAYMENTS AND FINANCIAL TRANSACTIONS

6.1  Payment Processing

Certain features and Merchandise on the Platform require payment. All financial transactions are processed by the Payment Gateway Provider integrated with the Platform at the relevant time. The identity of the Payment Gateway Provider will be disclosed to You at the point of transaction. By making a payment, You:

  • Agree to the Payment Gateway Provider’s own terms of service, privacy policy, and any applicable rules;
  • Authorise the Company and/or the Payment Gateway Provider to charge Your designated payment instrument for the amounts indicated;
  • Represent and warrant that You are the authorised holder of the payment instrument used and that sufficient funds or credit are available;
  • Acknowledge that the Company does not store Your full card number, card verification value (CVV/CVC), one-time passwords (OTP), or equivalent sensitive payment credentials on its own servers;
  • Acknowledge that transaction records maintained by the Payment Gateway Provider shall be the authoritative records of completed payments.

6.2  Pricing and Currency

Prices displayed on the Platform will reflect the currency applicable to Your region, as determined by the Company at its discretion. Prices are inclusive of all applicable taxes where required by law; where not included, applicable taxes will be itemised at checkout. The Company reserves the right to modify pricing at any time. Price changes will be effective upon posting on the Platform and will not affect transactions already completed.

6.3  Taxes and Duties

You are responsible for all applicable local taxes, import duties, customs charges, and any other levies imposed by Your local jurisdiction in connection with Your purchases through the Platform. The Company shall not be liable for any additional charges imposed by Your country’s tax or customs authorities.

6.4  Merchandise Purchases

When purchasing Merchandise through the Platform:

  • You will be directed to the Payment Gateway portal to complete the transaction;
  • The Company will collect and retain Your delivery address and order information solely for order fulfilment purposes;
  • Title and risk in physical Merchandise passes to You upon delivery to the address You specified at checkout;
  • Merchandise sold by third-party Creators or brands is sold subject to those parties’ own product warranties, delivery timelines, return and refund policies, which will be disclosed at or before the point of purchase;
  • Where the Company acts as a marketplace facilitator for third-party sellers, the Company is not the seller of record and is not responsible for the quality, safety, legality, or delivery of third-party Merchandise, unless expressly stated otherwise.

6.5  Subscription Plans and Auto-Renewal

Where You subscribe to a recurring paid plan on the Platform:

  • You authorise the Company to automatically charge Your designated payment instrument at the start of each billing cycle;
  • You may cancel Your subscription at any time through Your account settings; cancellation will take effect at the end of the then-current billing period;
  • No pro-rata refunds will be provided for unused portions of a subscription period unless required by applicable consumer protection law;
  • The Company will notify You of any material change to subscription pricing at least thirty (30) days before the change takes effect. Your continued subscription after the effective date of the price change constitutes acceptance of the new price.

6.6  Refunds

6.6.1  Refund requests must be submitted to [support-email@g-app.com] within seven (7) days of the relevant transaction date, accompanied by satisfactory proof of purchase and a description of the issue.

6.6.2  Refunds may be approved in the following circumstances: (a) a technical error attributable to the Company resulted in a duplicate or erroneous charge; (b) a paid feature or subscription was materially not as described; or (c) as required by applicable mandatory consumer protection legislation in Your jurisdiction.

6.6.3  Digital goods and unlocked premium content are generally non-refundable once accessed or downloaded, except where required by law.

6.6.4  Physical Merchandise returns are subject to the return and refund policy communicated at the point of purchase. Approved refunds for physical Merchandise will be processed to the original payment instrument within fourteen (14) business days of the Company or the relevant seller receiving the returned goods in satisfactory condition.

6.6.5  Approved refunds for payment errors will be processed to the original payment instrument within fourteen (14) business days of approval.

6.7  Chargebacks and Payment Disputes

Initiating a chargeback or payment reversal with Your financial institution in respect of a legitimate and valid Platform transaction, without first raising the matter with the Company under Clause 6.6, constitutes a breach of this Agreement. The Company reserves the right to: (a) suspend or terminate Your account pending investigation; (b) withhold access to purchased content or Merchandise; and (c) recover from You any amounts wrongfully charged back together with any associated fees, penalties, or costs incurred by the Company.

6.8  Fraud Prevention

The Company employs fraud detection and prevention measures. Transactions suspected of being fraudulent may be declined, placed on hold, or referred to the relevant authorities. You must not attempt to make payments using fraudulent, stolen, or unauthorised payment credentials. Any such attempt will result in immediate account termination and may be reported to law enforcement.

7. ADVERTISING AND SPONSORED CONTENT

7.1  Advertising Model

The Platform is funded in part through advertising revenue. By using the Platform, You agree that the Company may display personalised advertisements, sponsored posts, brand endorsements, affiliate content, and commercial promotions. Advertisements will be labelled as such in accordance with applicable advertising standards.

7.2  Personalised Advertising

Advertisements may be personalised based on Your activity on the Platform, Your interests, demographic information, and other data described in the Privacy Policy. You may adjust Your advertising preferences through Your account settings, though doing so will not eliminate advertising from the Platform.

7.3  Advertiser Data

The Company shares aggregated, anonymised performance data with advertisers (such as general demographic and engagement statistics). The Company will not share information that directly and individually identifies You — such as Your name, email address, or phone number — with advertisers without Your express consent.

7.4  Creator Endorsements

Where a Creator promotes a product, service, or brand on the Platform for remuneration, the Creator is responsible for disclosing that the content is sponsored or paid for, in compliance with applicable advertising standards and laws. The Company is not responsible for undisclosed Creator endorsements, though the Company may take enforcement action against Creators who fail to make required disclosures.

8. USER CONDUCT AND PROHIBITED CONTENT

8.1  General Standards

You are solely responsible for all User Content You post or transmit on the Platform and for any consequences thereof. You agree to use the Platform in a lawful, respectful, and responsible manner consistent with this Agreement and the Community Guidelines.

8.2  Prohibited Content and Conduct

You must not upload, post, share, transmit, or otherwise make available, and must not engage in or facilitate, any of the following:

  • Content that is unlawful, defamatory, libellous, obscene, pornographic, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, or incites violence or illegal activity;
  • Content that infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or any other legal rights;
  • False, misleading, deceptive, or fraudulent content, including impersonation of any person or entity or misrepresentation of Your affiliation with any person or entity;
  • Content that exploits, endangers, or harms Minors in any way, including exposure to inappropriate material or any form of grooming;
  • Unsolicited bulk messages, spam, phishing content, or chain communications;
  • Viruses, malware, spyware, ransomware, Trojan horses, or any other malicious or harmful code or software;
  • Attempts to gain unauthorised access to any account, system, server, or network connected to the Platform;
  • Use of bots, scripts, automated tools, or artificial means to inflate engagement metrics including likes, shares, views, followers, or comments;
  • Collection or harvesting of personal information of other Users without their knowledge and consent;
  • Content promoting, glorifying, or facilitating self-harm, eating disorders, or suicide;
  • Promotion or facilitation of terrorism, extremism, or any form of organised violence;
  • Gambling, lottery, or games of chance without applicable regulatory approvals;
  • Any conduct that violates applicable law, regulation, or treaty in Singapore or in the User’s jurisdiction.

8.3  Creator-Specific Obligations

Creators with verified accounts are subject to the additional obligations set out in the Creator Partner Agreement, which is incorporated by reference into this Agreement. Without limiting those obligations, Creators must not: (a) solicit direct off-platform payments for services that must be transacted through the Platform; (b) make false claims regarding their identity, credentials, or endorsements; or (c) engage in conduct that brings the Platform or the Company into disrepute.

8.4  Reporting Mechanisms

The Company provides in-app tools for Users to report Prohibited Content and misconduct. The Company will investigate all reports in good faith and take appropriate action, which may include content removal, account restriction or suspension, and referral to law enforcement. The Company does not guarantee a specific outcome or timeline for any report.

9. CONTENT MODERATION AND ENFORCEMENT

9.1  Company Rights

The Company reserves the right — but not the obligation — to:

  • Review, monitor, or screen any User Content at any time, using automated systems and/or human reviewers;
  • Remove or disable access to any User Content that, in the Company’s sole determination, violates this Agreement, the Community Guidelines, or applicable law, or is otherwise harmful or objectionable;
  • Suspend or restrict access to specific features of a User’s account pending investigation of suspected violations;
  • Permanently terminate any User account for serious, repeated, or egregious violations;
  • Report illegal activity or content to relevant law enforcement or regulatory authorities;
  • Cooperate fully with law enforcement investigations and disclose User information as required by valid legal process.

9.2  No Liability for Moderation Decisions

The Company shall not be liable to You for any good-faith moderation action taken, including the removal of User Content or the suspension or termination of Your account. Where legally permissible and reasonably practicable, the Company will notify You of moderation actions taken against Your account and inform You of any available review process.

9.3  Appeals

If You believe a moderation decision was made in error, You may submit a written appeal to [moderation@g-app.com] within fourteen (14) days of notification of the decision, setting out the reasons for Your appeal. The Company will acknowledge Your appeal within five (5) business days and communicate its final decision within thirty (30) days of receipt. The Company’s decision on appeal shall be final, subject to Your statutory rights.

9.4  Repeat Infringers

In accordance with applicable intellectual property law, the Company operates a repeat infringer policy. Accounts that repeatedly infringe the Intellectual Property Rights of others will be permanently suspended.

10. INTELLECTUAL PROPERTY RIGHTS

10.1  Company IP

The Platform and all Company-created content, features, and functionality — including software, text, graphics, logos, trade marks, icons, images, audio, video, and data compilations — are owned by or licenced to the Company and are protected by applicable Intellectual Property Rights laws in Singapore and internationally. You may not use any Company trade marks, logos, or branding without prior written consent.

10.2  Your Content

Subject to the licence granted to the Company under Clause 4.3, You retain all Intellectual Property Rights in Your original User Content. The Company’s use of Your User Content under that licence does not constitute an acquisition of ownership.

10.3  Copyright Infringement Notices

If You believe that any Content on the Platform infringes Your copyright or other Intellectual Property Rights, please submit a written notice to [ip@g-app.com] including: (a) identification of the copyrighted work or other right claimed to be infringed; (b) identification of the allegedly infringing material and its location on the Platform; (c) Your name, address, telephone number, and email address; (d) a statement of Your good-faith belief that the use is not authorised; and (e) a declaration that the information in the notice is accurate. The Company will process valid notices in accordance with applicable law.

10.4  Counter-Notices

If You believe that Content removed due to an infringement notice was removed in error, You may submit a counter-notice to [ip@g-app.com]. The Company will process counter-notices in accordance with applicable law.

11. PRIVACY AND DATA PROTECTION

11.1  Privacy Policy

The Company’s collection, use, disclosure, and management of Your personal data is governed by the Privacy Policy, which is incorporated into this Agreement by reference and forms an integral part thereof. In the event of any conflict between these Terms and the Privacy Policy on matters of personal data, the Privacy Policy shall prevail. A copy of the Privacy Policy is available at [platform URL/privacy].

11.2  Applicable Data Protection Law

As a company incorporated in Singapore, the Company is subject to the Personal Data Protection Act 2012 (Singapore) (“PDPA”) and, with respect to Users in other jurisdictions, to applicable local data protection laws including but not limited to the General Data Protection Regulation (GDPR) for European Economic Area Users, and applicable laws in other countries where the Platform operates. The Privacy Policy sets out how the Company complies with these obligations.

11.3  Cross-Border Data Transfers

By using the Platform, You consent to Your personal data being transferred to, stored in, and processed in Singapore and in other countries where the Company, its affiliates, or its service providers maintain infrastructure, provided that appropriate safeguards are in place in accordance with applicable data protection law. Details of such safeguards are set out in the Privacy Policy.

11.4  Your Data Rights

Subject to applicable law, You may have rights in relation to Your personal data including rights of access, correction, deletion, portability, restriction of processing, and objection. To exercise any such rights, please contact the Company’s Data Protection Officer at [dpo@g-app.com].

12. DISCLAIMER OF WARRANTIES

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND SECURITY.

12.1  The Company does not warrant that: (a) the Platform will meet Your specific requirements or expectations; (b) the Platform will be continuously available, uninterrupted, timely, secure, or error-free; (c) any results obtained from using the Platform will be accurate, reliable, or complete; or (d) any defects in the Platform will be corrected.

12.2  The Company is not responsible for User Content or Creator content and expressly disclaims all liability in respect of such content. You access and rely on User Content and Creator content entirely at Your own risk.

12.3  Nothing in these Terms excludes or limits any condition, warranty, right, or liability that cannot lawfully be excluded or limited under applicable consumer protection law in Your jurisdiction, including any mandatory statutory guarantee.

13. ACCOUNT DELETION AND DATA RETENTION

13.1  User-Initiated Deletion

You may delete Your account at any time through the account settings of the Platform. Upon initiating deletion:

  • Your profile will be deactivated immediately and will no longer be visible to other Users;
  • User Content will be queued for permanent deletion and removed from the Platform within ninety (90) days of the deletion request, subject to the exceptions in Clause 13.3;
  • Deleted data will be available for self-retrieval within thirty (30) days of the deletion request, after which recovery will no longer be possible;
  • Any pending transactions must be resolved before account deletion can be finalised.

13.2  Company-Initiated Suspension or Termination

The Company may suspend or terminate Your account immediately and without prior notice where: (a) You breach any provision of this Agreement; (b) the Company is required to do so by law, court order, or regulatory direction; (c) Your account poses a security risk to the Platform or other Users; or (d) Your account has been inactive for a continuous period exceeding twenty-four (24) months. Upon termination for breach, no refunds will be provided for any prepaid amounts.

13.3  Retention Exceptions

Notwithstanding Clause 13.1, the Company may retain User data beyond the standard 90-day deletion period where:

  • Retention is required to comply with a legal obligation, valid court order, regulatory requirement, or enforceable law enforcement request;
  • Retention is necessary to assert, defend, or enforce the Company’s legal rights or claims;
  • Technical constraints prevent immediate deletion, in which case deletion will occur as soon as technically feasible;
  • The data has been shared with or used by third parties under the licence in Clause 4.3 and those parties have not deleted it.

13.4  Survival of Terms

The following clauses survive the expiry or termination of this Agreement for any reason: Clauses 1 (Definitions), 4.3 (Licence of Your Content), 4.4 (Company IP), 4.5 (Feedback), 10 (Intellectual Property), 12 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), 13.3 (Retention Exceptions), and 17 (General Provisions).

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROS PTE. LTD., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

14.1  The Company’s total aggregate liability to You for all claims arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of: (a) SGD 100 (Singapore Dollars One Hundred only); or (b) the total amount actually paid by You to the Company in the three (3) calendar months immediately preceding the event giving rise to the claim.

14.2  The limitation in Clause 14.1 applies to the aggregate of all claims and shall not be increased by the existence of multiple or concurrent claims.

14.3  Nothing in this Agreement excludes or limits the Company’s liability for: (a) death or personal injury caused by the Company’s negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be excluded or limited under applicable law.

14.4  Where You are a consumer in a jurisdiction that does not permit certain exclusions or limitations of liability, the Company’s liability shall be limited to the maximum extent permitted in that jurisdiction.

15. INDEMNIFICATION

15.1  You agree to indemnify, defend (at the Company’s option), and hold harmless the Company, its affiliates, related corporations, officers, directors, employees, agents, licensors, and service providers (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable legal fees) (“Losses”) arising out of or in connection with:

  • Your use or misuse of the Platform or Services;
  • Your User Content, including any claim that it infringes any third-party right;
  • Your breach of any representation, warranty, or obligation under this Agreement;
  • Your violation of any applicable law, regulation, or third-party right;
  • Any dispute between You and another User or third party.

15.2  The Company reserves the right, at Your expense, to assume exclusive control and direction of any matter subject to indemnification under this Clause. You agree to cooperate fully with the Company in asserting any available defences. You must not settle any such matter without the Company’s prior written consent.

16. DISPUTE RESOLUTION, GOVERNING LAW, AND JURISDICTION

16.1  Informal Resolution

In the event of any dispute, claim, or controversy arising out of or in connection with this Agreement or Your use of the Platform (“Dispute”), You agree to first attempt to resolve the Dispute informally by contacting the Company at [legal@g-app.com] with a written description of the Dispute and the relief sought. The parties will negotiate in good faith to attempt resolution within thirty (30) days of the notice. Nothing in this Clause prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.

16.2  Arbitration

If a Dispute is not resolved informally within thirty (30) days (or such longer period as the parties may agree in writing), either party may refer the Dispute to binding arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the SIAC Rules then in force. The arbitration shall be:

  • Conducted by a sole arbitrator, unless the SIAC determines that the complexity or value of the Dispute warrants a three-member tribunal;
  • Held in Singapore;
  • Conducted in the English language;
  • Confidential, and neither party shall disclose the existence, content, or outcome of the arbitration without the prior written consent of the other party, except as required by law.

The arbitrator’s award shall be final, binding, and enforceable in any court of competent jurisdiction. Costs of arbitration shall be allocated in accordance with the SIAC Rules.

16.3  Class Action and Collective Proceedings Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY.

16.4  Governing Law

This Agreement and any Dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of laws principles.

16.5  Jurisdiction for Interim Relief

Notwithstanding the arbitration clause in Clause 16.2, either party may apply to the courts of Singapore for interim injunctive or other urgent relief pending the constitution of the arbitral tribunal or its determination of the merits.

16.6  Consumer Rights

Nothing in this Clause 16 limits or restricts Your right to bring a claim before a consumer tribunal, ombudsman, or other competent statutory body in Your jurisdiction where such right cannot be waived by contract.

17. MODIFICATIONS TO THIS AGREEMENT

17.1  The Company may modify this Agreement at any time. Where changes are material, the Company will notify You at least thirty (30) days in advance via: (a) a prominent in-app notification; (b) an email to Your registered address; or (c) a notice on the Platform. Changes required to comply with law or to address urgent security concerns may take effect immediately upon notice.

17.2  Your continued use of the Platform after the effective date of any modification constitutes Your acceptance of the revised Agreement. If You do not agree to the modifications, Your sole remedy is to cease using the Platform and delete Your account before the effective date of the changes.

17.3  The current version of this Agreement is always available at [platform URL/terms]. It is Your responsibility to review this Agreement periodically.

18. GENERAL PROVISIONS

18.1  Entire Agreement

This Agreement, together with the Privacy Policy, Community Guidelines, and all incorporated supplemental policies, constitutes the entire agreement between You and the Company with respect to the Platform and Services, and supersedes all prior agreements, representations, negotiations, and understandings, whether written or oral.

18.2  Severability

If any provision of this Agreement is found by a court or arbitrator to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed. The remaining provisions shall continue in full force and effect.

18.3  Waiver

No failure or delay by the Company to exercise any right or remedy under this Agreement shall constitute a waiver of that or any other right or remedy. Any waiver must be express, in writing, and signed by an authorised representative of the Company.

18.4  Assignment

You may not assign, transfer, delegate, or subcontract any of Your rights or obligations under this Agreement without the Company’s prior written consent. Any purported assignment without such consent is void. The Company may freely assign this Agreement, including in connection with a merger, acquisition, corporate restructuring, or sale of assets, upon written notice to You.

18.5  Force Majeure

The Company shall not be in breach of this Agreement or liable for any delay or failure to perform where such delay or failure results from circumstances beyond the Company’s reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, civil unrest or riot, government or regulatory action, labour disputes, power failures, telecommunications or internet disruptions, or failures of third-party service providers. The Company will use reasonable efforts to resume performance as soon as practicable.

18.6  No Third-Party Beneficiaries

This Agreement is for the exclusive benefit of the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature.

18.7  Relationship of the Parties

Nothing in this Agreement creates or is intended to create any partnership, joint venture, agency, franchise, or employment relationship between You and the Company. You have no authority to bind the Company to any obligation.

18.8  Notices

Notices to the Company must be sent to: MicroS Pte. Ltd., [Registered Address, Singapore] | Email: [legal@g-app.com]. Notices to You will be delivered via in-app notification, email to Your registered address, or by push notification. Notices sent by email are deemed received twenty-four (24) hours after sending (unless a delivery failure notification is received). In-app notifications are deemed received immediately upon display.

18.9  Accessibility

If You require this Agreement in an alternative format due to a disability or accessibility need, please contact [support@g-app.com] and the Company will endeavour to accommodate Your request within a reasonable time.

18.10  Export Controls

You agree to comply with all applicable export control laws and regulations of Singapore and any other relevant jurisdiction. You must not use, export, or re-export the Platform or any component thereof in violation of such laws.

19. SUPPLEMENTAL POLICIES

The following supplemental policies and guidelines are incorporated into and form part of this Agreement. In the event of a conflict between these Terms and a supplemental policy, the supplemental policy shall govern with respect to its specific subject matter:

  • Privacy Policy — governs the collection, use, disclosure, and management of personal data
  • Community Guidelines — governs User conduct and Content standards on the Platform
  • Creator Partner Agreement — governs verified Creator and Celebrity accounts
  • Merchandise and Marketplace Policy — governs the buying and selling of goods through the Platform
  • Advertising and Sponsored Content Policy — governs commercial content and brand endorsements
  • Intellectual Property and Copyright Policy — governs IP claims, takedown procedures, and counter-notices
  • Payment and Refund Policy — governs payment processing, subscriptions, and refund procedures
  • Cookie Policy — governs the use of cookies and similar tracking technologies
  • Law Enforcement Guidelines — governs the Company’s response to legal requests from government authorities

CONTACT INFORMATION

MicroS Pte. Ltd.

[Registered Address, Singapore]

General Enquiries: [support@g-app.com]

Legal & Privacy: [legal@g-app.com]   |   Data Protection Officer: [dpo@g-app.com]

IP / Copyright: [ip@g-app.com]   |   Website: [g-app.com]

© 2024 MicroS Pte. Ltd. All Rights Reserved.

Document Version 1.0 — The current version of this Agreement is always available at [g-app.com/terms].

This document should be reviewed by qualified legal counsel before publication.