Terms Of Service

Effective Date: June 9th, 2024

Welcome to Suya , this agreement ("Agreement") is a contract between you and ("Suya", "Service", "us" "our" and "we") and governs your use of the mobile application and website services (the "Service"). By using the Services, you agree to be bound by the following Terms of Service (the "Terms of Service"), whether or not you register as a member ("Member"). We may modify this Agreement occasionally, and such modification shall be effective upon posting by us on the mobile application and website. We may update you on our changes through your email or notify you through the mobile app or website. 

General Terms and Notices

  1. When using the Services, you will be subject to Suya's Privacy Policy and additional guidelines or rules that are posted on the Services or made available to you, or applicable to specific services and features that are disclosed to you in connection with such services. We may also offer certain paid services, which are subject to any additional terms or conditions that are disclosed to you in connection with such services.
  2. By using our Services, or by clicking on "Register" during the registration process, you fully agree to all terms and conditions of this Agreement. We, at our sole discretion, may revise this Agreement from time to time, and the current version can be found  in our app during the registration process and various other places during the use of our Services. By continuing to avail our Services, you agree to be bound by the revised Agreement. If you do not accept these Terms or our Privacy Policy or any of our rules and regulations, please do not use the Services and you can contact us immediately to cancel your account. 
  3. You may only use our Services if you are 18 years or older, and if you are not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in your country. If you are below the aforementioned minimum age, you may only use Suya if your guardian has provided us with valid consent for you to use Suya. If you are under the age of 18, you are prohibited from using the Services, and must terminate your account and delete the app immediately if already installed. If you are been reported or found by us, your account may be suspended immediately without notice. You may not falsely claim you have reached the minimum age. You will be solely responsible and liable for any damages and consequences whatsoever due to your false claim of your age to enter this Agreement and make use of our Services.
  4. If you are using the Services on behalf of a company or organization, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement. Otherwise you will be solely responsible and liable for any consequences which may arise from your unauthorized use of the entity name and representation.
  5. You shall be solely responsible for the safekeeping of your Suya account and password. All behaviors and activities conducted through your Suya account will be deemed as your behaviors and activities for which you shall be solely responsible. 

Rights We Grant You

Suya grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our usage policies.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

 Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.

For all Services, you grant Suya a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

Because Local is inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to the rights you grant us in connection with other Services, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content submitted to Local or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it's necessary, you also grant Voya and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, Local content that you upload or send. This means, among other things, that you will not be entitled to any compensation from Suya or our business partners if your name, likeness or Local.

While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.

The Services may contain advertisements. In consideration for Suya letting you access and use the Services, you agree that Suya, its affiliates, and third-party partners may place advertising on the Services.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
 

Content License

  1. “Content” means video, audio (e.g., music or other sounds), pictures, photos, text (e.g., dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other types of materials provided by You, Suya and/or third parties through the Suya App or Suya Web.
  2. By uploading or otherwise providing Content on Suya, You hereby grant the Company and its affiliates a non-exclusive, unlimited, royalty-free, worldwide, sub-licensable, and transferable license regarding such Content. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or otherwise use or create derivative works in connection with Your Content in accordance with the above license. You agree that any Content you provide may be viewed by registered and (depending on the regions) non-registered Users of Suya. If You do not agree with the above, please terminate Your use of Suya immediately.
  3. You can delete Content individually or all at once by deleting your account. In addition, so that the Company can prevent the use of your Content outside of Suya, You authorize the Company to act on your behalf with respect to infringing uses of your Content taken from Suya by other users or third parties. Our and our affiliates’ license to your Content is subject to your rights under applicable law (e.g., laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving Suya and researching and developing new services of the Company.

Terms of Use

What you need to do

  1. You may not create Suya account for others, or allow others to use your Suya account. You shall immediately notify Suya if you discover unlawful use of your account by others. 
  2. In consideration for our Services, you agree that Suya has the right to place advertisement or other types of commercial information. You also agree to receive advertisement or other relevant commercial information from Suya via email or other methods. 
  3. While using Suya Services, you must abide by all applicable laws and regulations, and all rules and policies of Suya. 
  4. You may only share information that you are comfortable sharing with the public in your own will and you will be solely responsible for your content delivery and you hereby indemnifies Suya from all responsibilities and liabilities whatsoever. You fully understand and agree that any live streaming content which you deliver could have the risk of been viewed or watched by any unauthorized or unwanted third parties using any external third party software or equipment.
  5. Should you choose to host a Private live stream room which gives you the privacy of your own virtual space or property, to host your content for your invited users or your paid subscribers as per your setting, subject to you complying with the rules and warnings and any other terms and conditions set out in our Services and as indicated below (including but not limited to). You will be solely responsible and liable for any of your content creation and delivery in such private space and you hereby indemnifies Suya from all responsibilities and liabilities whatsoever. You fully understand and agree that any live streaming content which you deliver could have the risk of been viewed or watched by any unauthorized or unwanted third parties using any external third party software or equipment. Suya reserves the right to terminate your content and/or suspended your account immediately with or without any warnings should you violate any rules and warnings and/or any other terms and conditions set out in our Services and in this Agreement.

What you are not allow to do

  1. collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person.
  2. Use the Services to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
  3. cause or encourage any inaccurate measurements of genuine user engagement with the Services, including by paying people or providing them with incentives to increase a video's views, likes, or dislikes, or to increase a channel's subscribers, or otherwise manipulate metrics;
  4. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  5. use the Services to view or listen to Content other than for personal, non-commercial use; or use the Services to: 
    • Sell any advertising, sponsorships, or promotions placed on, around, or within the Services or Content, other than those agreed with Suya
    • Sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Services or where Content from the Services is the primary basis for such sales (for example, selling ads on a webpage where Suya videos are the only content of value).
  6. You may not impersonate any other individual, entity, governmental agency or organizations. 
  7. You may not publish or distribute other people's private information without their express authorization and permission. 
  8. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish or distribute any copyrighted or proprietary works. You are solely responsible to clear such licenses, rights, consents and permissions. 
  9. You may not publish or link to any malicious code, phishing website or other content that may threaten the security of the Internet. 

Privacy

You acknowledge that you have read and fully understand our Privacy Policy, which describes how we handle the data you provide to us or generated when you use our Services. If you have any question, please contact us at: chiwshiting88@gmail.com

Legal Jurisdiction

  1. This Agreement shall be governed by and construed in accordance with the laws of South Africa, without regard to choice of law principles. 
  2. If a dispute arises between you and Suya, we strongly encourage you to first contact us directly to seek a resolution by going through our support channels. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Voya AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Voya HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Voya'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID Voya, IF ANY, IN THE LAST 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Voya ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY Suya CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

Suya TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Suya WILL BE RESPONSIBLE FOR.

Safety

  1. We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:
    • You will not use the Services for any purpose that is illegal or prohibited in these Terms.
    • You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
    • You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
    • You will not use or attempt to use another user's account, username, or password without their permission.
    • You will not solicit login credentials from another user.
    • You will not post content that contains pornography, graphic violence, threats, hate speech, guns or other weaponry, or incitements to violence.
    • You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
    • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
    • You will not probe, scan, or test the vulnerability of our Services or any system or network.
    • You will not encourage or promote any activity that violates these Terms.
  2. We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Voya users who violate these Terms of Service. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operating purposes, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
  3. We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm's way.

Contact Us

Suya welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting https://www.suyalive.com