LICENSED APPLICATION END USER LICENSE AGREEMENT

WePhone Apps Inc., a company doing business under the name WeTalk, owns and manages the Platform. For purposes of these Terms and Conditions, WePhone Apps Inc. shall be referred to as “WeTalk” or “we” or “us” or “our” or other similar pronouns. WeTalk constitutes a proprietary website, global mobile and web application owned exclusively by WeTalk. WeTalk offers users with mobile devices (“You”) calling services (“Services”) transacted through a licensed application (“Licensed Application”) for mobile devices. Our Licensed Application is licensed, not sold, to You for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to You.

1. Scope of License

This license granted to You for our Licensed Application is limited to a non-transferable license to use the Licensed Application on any mobile device that You own or control and as permitted by the Usage Rules set forth in our Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of our rights. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement our Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Consent to Use of Data

You agree that we may collect and use technical data and related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. We may use this information, as long as it is in a form that does not personally identify You, to improve our Services offered to You (for further information on our privacy policy click here).

3. Termination

The license is effective until terminated by You or us. We will terminate your rights under this license without notice if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

4. Services

In the course of using the Licensed Application You may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, You agree to use our Services at Your sole risk and we shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. You agree not to not exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity. You further agree not to use our Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using our Services.

We make no representation that our Services are available for use in any particular location. To the extent You choose to access our Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Services at any time without notice. In no event will we be liable for the removal of or disabling of access to our Services. We may also impose limits on the use of or access to our Services, in any case and without notice or liability.

5. Fair Usage Policy

Please note that additional charges may apply for Alaska, the Yukon territories, and some remote territories. Services do not allow for emergency 911 calls.

Services purchased by you shall be subject to a maximum number of text messages and call minutes, based upon the type of plan selected, as more amply described. Any unused calling minutes or text messages may not be applied to the subsequent month.

You acknowledge that WeTalk reserves the right to impose limits and charge overages on your usage of the services or to terminate your use of the services at any time in our discretion. WeTalk will do so if we reasonably believe that your usage, including, but not limited to, the total number of text messages you send, the number of minutes you use, and/or the number of devices you use are not consistent with normal, fair, and reasonable use of the services, or if you breach any rules in this Fair Use Policy or Terms and Conditions.

6. Acceptable Use

6.1 Authorized Activities

You may use the Licensed Application to access purchased Products and Services, including making calls, sending messages, sharing images, and using RCS features. Such use may involve interactions with other users, and You are expected to behave lawfully and responsibly.

6.2 Your Responsibility

You are responsible for all actions and content associated with your account. You must ensure all communications and usage comply with these Terms and applicable laws.

6.3 Prohibited Conduct

You agree not to:

Violate any applicable laws or regulations;
Damage, impair, or interfere with the Licensed Application’s functionality;
Distribute viruses or unauthorized scripts;
Use bots or automated systems to access the Licensed Application;
Reverse-engineer, hack, or modify any part of the Licensed Application;
Harass, threaten, or impersonate others;
Share defamatory, discriminatory, or offensive content;
Participate in pyramid schemes or unlawful promotions;
Send spam or unsolicited communications;
Misrepresent your identity;
Initiate unjustified chargebacks or request unwarranted refunds;
Transfer or sell access to your account;
Interfere with the Licensed Application’s security or intended purpose.

7. Account Termination, Subscription, and Refund Policy

7.1 Voluntary Termination

You may cancel your account or subscription at any time by following the process provided within the Licensed Application. However, any fees paid by You for the Subscription are final and nonrefundable, regardless of whether you cancel before the end of the current subscription term. You will remain responsible for any outstanding fees due for the current billing cycle.

7.2 Subscription Terms

By subscribing to any Products and/or Services offered via the Licensed Application, You agree to pay all applicable subscription fees based on the plan you select. These fees are billed on a recurring basis, as specified during the subscription process, and are due in full at the start of each subscription period. All payments made for the Subscription are final, nonrefundable, and non-creditable. If you cancel your subscription, no refund will be issued for any amounts paid, even if the cancellation occurs before the end of the subscription term. The Subscription remains valid until the end of the current billing period.

7.3 Renewal

Subscriptions automatically renew at the end of the applicable term unless you cancel your subscription before the renewal date. You authorize WeTalk to charge your account balance for the renewal at the prevailing rates, unless you cancel the subscription in accordance with these Terms.

7.4 Termination for Breach

WeTalk reserves the right to investigate and suspend or terminate your access without notice if You breach these Terms or applicable laws. You agree to fully cooperate during any investigation.

7.5 Waiver and Release

Upon termination of your account by WeTalk, You waive all claims and release WeTalk from liability related to the termination. Any fees paid by You for the Subscription are final and nonrefundable, and You are responsible for any outstanding fees through the current billing cycle.

7.6 Surviving Provisions

Provisions related to liability limitations, warranties, and disclaimers will survive account termination and remain enforceable.

8. Verification Code Delivery

If You wish to receive verification codes using our Licensed Application, please note the following:

Due to platform restrictions, we do not guarantee that the phone numbers you subscribe to will be able to receive verification codes. The list of supported platforms and services for receiving such codes is subject to change at any time without prior notice. You acknowledge and agree that WeTalk shall not be held responsible for any failure to receive verification codes from third-party services.

9. NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION AND SERVICES OR THAT THE LICENSED APPLICATION AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

10. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

11. Update

WeTalk reserves the right to make updates to this Policy and to the Fair Usage terms, at any time. Any updates to this Policy and to Fair Usage terms shall be published on the Platform. You shall be responsible for reviewing this Term periodically to keep up to date with the latest updates to the Fair Usage provisions.