Please carefully review the following provisions of these Terms of Use ("Terms"). This document represents a legally binding agreement between you ("you", "your", or "user") and Ago (collectively referred to as "Ago", "we", "our", or "us"), which governs your access to and use of all features, content, and services offered by Ago, including but not limited to our website located at https://www.agolivechat.com and its subdomains ("Website") and any applications ("App(s)"; collectively referred to as the "Services"). Any reference to "you" or "your" pertains to the individual accessing, using, or engaging with the Services.
By registering an account, using any features or Services, or otherwise accessing the Services in any way, you acknowledge that you have read, understood, and agree to comply with these Terms (including any additional guidelines and future updates), as well as our Privacy Policy ("Privacy Policy"), both of which are incorporated herein by reference.
If you do not agree to these Terms, you are prohibited from registering an account or using or accessing the Services in any manner.
The Services are designed exclusively for users who are at least eighteen (18) years old, or older, and capable of entering into a legally binding contract under applicable laws (referred to as the "Age of Consent"). Any registration, use, or access to the Services by individuals under the Age of Consent is unauthorized, unlicensed, and violates these Terms.
By accessing or using the Services, you confirm and warrant that you:
(a) are a natural person who is over the Age of Consent and personally assigned to the email address and other information associated with your account;
(b) agree to follow these Terms and comply with all applicable laws at all times;
(c) possess the legal capacity to enter into a binding contract with Ago; and
(d) are physically located in a jurisdiction where the use of the Services is legally permitted.
Ago reserves the right to suspend or terminate your account, delete any content or information you have provided, and prohibit you from using the Services, with or without prior notice, if it has reason to believe you are under the Age of Consent in your jurisdiction or if the Services are prohibited in your jurisdiction.
Accessing and using the Services may vary in compatibility across different devices, platforms, and operating systems. It is your sole responsibility to acquire and maintain the necessary devices required to access and use our Services, which may be updated periodically.
To use and access certain features of the service, you may need to register and create an account. During registration, you may be required to provide certain information, including but not limited to:
(a) A unique username and password;
(b) Contact details, such as your name, phone number, and email address;
(c) Payment and billing information;
(d) Any other information requested on the registration form.
Please note that each user is only allowed to register one account, and using multiple accounts to access and use our services is prohibited.
You are responsible for ensuring the security of your account information. Do not share your account details with others. If you find that your account information has been lost or suspect unauthorized or suspicious activity on your account, please notify us immediately, as described in the "Contact Us" section. However, you will be fully responsible for all actions related to your account, whether they are performed by you or by an unauthorized third party accessing your account.
As the account holder, you must comply with these terms, and only you are entitled to the associated rights. You are not permitted to allow anyone else to:
(a) Access your account;
(b) Use your account to access the service;
(c) Accept or use virtual items, coins, or diamonds from your account.
You understand and acknowledge that your account is for personal use only and cannot be transferred to another person or account.
We reserve the right to verify the information you provided during registration at any time, such as your name, address, age, and payment method, and may require supporting documents. These documents typically include proof of identity, proof of address (such as utility bills), and proof of payment method. If necessary, we may request notarized documents, which must be certified and stamped by a notary. Failure to submit the required documents may result in us terminating your account at our sole discretion and withholding any funds or virtual items (including virtual items and diamonds, etc.) in your account.
You agree to promptly update the information you have provided, or provide additional information as we may require for anti-money laundering and anti-fraud measures or in accordance with any other policies or regulations we may implement. You agree that all information and data you provide, whether during account registration or at any time thereafter, is truthful, accurate, and verifiable. By providing this information and data, you consent to us submitting it to third-party providers (such as age verification and identity verification services) for verification.
We reserve the right to investigate your account at any time, including conducting background checks and credit checks, to ensure compliance with these terms and our obligations, and to ensure no improper or illegal activities are taking place. If we find that your account is involved in any illegal, fraudulent, or improper activity, we have the right to immediately terminate your account without notice and without liability.Subject to your continuing compliance with these Terms, Ago grants you a worldwide conditional, limited, non-commercial (except as permitted by Ago), non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to access and use the Service.
Our Services may incorporate software components owned by or licensed by third parties, which may include open-source software. In such cases, the terms of the respective open-source license or other third-party license will govern the use of these components, regardless of the terms outlined in these Terms. It is important to note that nothing in these Terms is designed to restrict any rights under or to grant rights conflicting with, the terms of any applicable open-source license or other third-party license pertaining to any such components.
All title, ownership and intellectual property rights in and to the Services, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Digital Item (as defined below), and any part thereof, including derivative works, of Ago and other companies providing services to Ago, are the property of Ago or their respective owners. As a user of the Services, you agree not to use, copy, reproduce, publish or borrow any of the aforementioned content or trademarked work without explicit permission from Ago or the owner thereof. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other party a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services.
You may choose to, or we may invite you to submit comments or feedback about the Services, including without limitation about how to improve the Services ("Feedback"). You understand that your Feedback is gratuitous and unsolicited, and will not place Ago under any fiduciary or other obligation. By submitting any Feedback, you represent and warrant that: (a) you have the right to disclose the Feedback; (b) the Feedback does not violate the rights of any other person or entity; and (c) your Feedback does not contain the confidential or proprietary information of any third party.
By sending us any Feedback, you further: (a) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (b) acknowledge that we may have something similar to the Feedback already under consideration or in development; (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (d) irrevocably waive, and cause to be waived, against Ago any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your account or the Services.
Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights, and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.
Ago diligently addresses notices of alleged copyright infringement in accordance with various legal frameworks, such as the US Digital Millennium Copyright Act ("DMCA"), the E-Commerce Directive, and relevant local laws in the EU and other jurisdictions. We hold a strong commitment to respecting the intellectual property rights of others and expect the same from our users.
If you are a copyright owner and believe that content posted on the Services violates your copyright, please follow our copyright guidelines. These guidelines provide detailed information about our policies, what should be included in your notice, and where to submit it.
Ago allows you to access and view live streams and pre-recorded audio-visual content created and broadcasted by other users ("Broadcaster Content") across public, premium, and private modes. Additionally, you can enjoy various services such as chat, forum postings, photo sharing, voice and text features, and other interactive and entertainment features (together with Broadcaster Content "Content"). Entry to premium or private modes is at the discretion of the user and the broadcaster. Please note that the opinions expressed by other users of the Services do not necessarily reflect our values or opinions.
To take advantage of features enabling you to upload or transmit Content through the Services or communicate with other users, you are required to adhere to the guidelines outlined in these Terms. We reserve the right (but not the obligation) to remove, edit or refuse to transmit any Content for the purpose of enforcing these Terms, or for any other reason in Ago’s sole discretion.
You bear full responsibility for your Content and the outcomes of posting or publishing it. By sharing Content, you affirm and warrant that: (a) you are the creator or own or control all rights in and to the Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your Content does not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (2) defame any other person; (3) contain any viruses, adware, spyware, worms, or other harmful or malicious code.
Any Content transmitted by you will be considered non-confidential and non-proprietary, and treated as such by Ago, and may be used by Ago in accordance with these Terms without notice to you and without any liability. You waive any rights to prior inspection or approval of any marketing or promotional materials related to any Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Content you transmit or display through the Services.
While Ago employs reasonable security measures to protect Content from unauthorized copying and distribution, it cannot guarantee complete immunity against such actions by third parties. By uploading Content, you acknowledge and accept that Ago will not be held liable for any unauthorized copying, use, or distribution of Content by third parties. You release Ago from any claims arising from such unauthorized activities. our security measures are provided on an "as-is" basis, with no warranties or assurances that they will withstand attempts to circumvent them.
If you transmit or share your Content in the Services or otherwise share Content with or link Content to the Services, for example, through Reference Sites or other third-party applications connected to your Ago account, you represent and warrant that you have all rights necessary to expressly grant, to Ago, its licensors and other Ago partners a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, make derivative works of, and otherwise exploit and use, all such Content and without no limitation, any name, voice, image and/or likeness as contained in Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Ago’s (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. For clarity, the rights granted by you in this section to Ago include the right to reproduce User Content on a royalty-free basis and that Ago will have no obligation to pay royalties to you or any third party involved in the creation of Content. Further, you understand that the license granted by you to Ago hereunder will survive any termination of your use of the Services.
You acknowledge and agree that Ago may collect, use and share information related to your use of the Services as described in the Privacy Policy including certain information contained in the devices to which you have downloaded the Services for purposes of your use of the Services, such as the address books and unique phone identifiers (IMEI, Google Advertisements ID, or other) contained in such devices.
By using our Services, you acknowledge that we implement and utilize content moderation mechanisms, both automated and manual. We explicitly prohibit content falling within the following categories, as defined in our Community Guidelines ("Prohibited Content"):
. Illegal Activity: Content promoting or facilitating illegal activities, including violence, terrorism, drug use, or hate crimes;
. Hate Speech: Content that attacks a person or group on the basis of race, ethnicity, religion, nationality, disability, sexual orientation, gender identity, or other protected characteristics;
. Harassment and Bullying: Content that threatens violence against an individual or group or that is intended to intimidate, threaten, or abuse another person. This includes cyberbullying and doxing;
. Child Sexual Abuse Content (CSAM): Any content depicting the sexual abuse of a minor. We have zero tolerance for CSAM; For more related CSAM information refer to Https://www.agolivechat.com/CSAM
. Violent threats: content that threatens violence against an individual or group;
. Intellectual Property Infringement: Content that violates intellectual property rights, such as unauthorized streaming of copyrighted material;
. Misinformation and Disinformation: Spreading demonstrably false or misleading information, particularly regarding public health or safety;
. Spam and Malicious Content: Unsolicited commercial messages, phishing attempts, or malware distribution;
. Promotion of Self-Harm: Content that encourages or glorifies self-harm or suicide.
You acknowledge and agree that to utilize and enjoy our Services, including viewing Content or utilizing other features, such as enabling you to upload or transmit Content through the Services or communicate with other users or broadcasters, you must adhere to the guidelines outlined in these Terms and our Community Guidelines. If you are a broadcaster, you are also required to adhere to our Broadcaster Terms.
Ago may, at its discretion, utilize automated, semi-automated tools, and human checks of Broadcast Content and Content. However, you acknowledge and agree that we may not be able to identify all Prohibited Content, and we make no warranties to you regarding any Broadcast Content or Content. We reserve the right, at our discretion and at any time, to remove, refuse to share, transmit, upload, display, or publish any material, content, or information provided by you or any Content for the purpose of enforcing these Terms or for any other reason deemed appropriate by us.
We encourage users to report any content that violates these Terms or our policies using the designated reporting tools within our Services.
The following section shall apply with respect to users or broadcasters located in the EU.
We have implemented various measures to counter the presence of illegal and Prohibited Content on our Services to ensure compliance with European Regulation 2022/2065, known as the Digital Services Act ("DSA").
We take our content moderation obligations very seriously and we ensure at all times that our employees receive adequate guidelines and training on how to handle and respond to your notices and complaints. In this regard, we have implemented escalation processes to ensure that any notices or complaints are appropriately reviewed and, if necessary, escalated to the relevant department for further investigation and action. This escalation process aims to uphold the integrity of the content moderation system and address any issues promptly and effectively. However, you accept that we do not guarantee the accuracy, completeness, or timeliness of our moderation efforts.
If Ago determines that you acted in violation of these Terms or Ago's Policies, including by uploading or submitting Prohibited Content, Ago may, at its sole discretion, apply restrictions on your use of Ago's Services, depending on the frequency and severity of your violations, including.
Removing the content: If Ago determines that your content violates our Terms or Policies, including the submission of Prohibited Content, we may remove the offending content from our platform.
Restrictions: Implementing restrictions on visibility, etc.: In addition to content removal or account suspension/termination, Ago may implement restrictions on the visibility of your content or your account. This could involve limiting access to certain features or areas of the platform.
Termination or suspension of your account: Depending on the severity of the violation, Ago reserves the right to either suspend your account for a temporary period or terminate it entirely. Suspension may occur if the violation is deemed less severe, while termination is reserved for more egregious violations.
These measures are implemented to maintain the safety, integrity, and quality of our platform for all users.
Submitting Complaint Procedure: You acknowledge that we provide you and the broadcaster with effective mechanisms to report any Prohibited Content (e.g., report button, through the customer service email, etc.) shared, transmitted, uploaded, displayed or published within our Services. By reporting the alleged Prohibited Content, shall assist us in promptly identifying illegal material, including Prohibited Content. You acknowledge that we will review all reported alleged illegal content and, where applicable, take the necessary action to remove it if it violates our Terms, based on the nature of your complaint, which may include, among others, removing the Prohibited Content, issuing a warning to you or the broadcaster, or suspending/banning broadcaster’s or your account. If we accept your complaint and identify any Prohibited Content or any illegal content that violates our Terms, we will promptly remove it and notify you of our actions via e-mail or your account.
In case we have found that a user of the Services utilizes its account to disseminate manifestly illegal content, including Prohibited Content, we reserve the right to suspend their access to the Services for a reasonable period of time, as will be determined on a case-by-case-basis, taking into consideration relevant factors such as prior posts, the nature of the content, and other pertinent circumstances.
You acknowledge and agree that we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any material, content or information on the Service. In this regard, by acknowledging this, you waive and release us from any liability associated with disclosing data to such law enforcement entities.
Complaint Handling Procedure: You acknowledge and agree that you may lodge a complaint against any of our decisions related to: (a) any action taken against you, your account, or any material, content or information that you attempted to or uploaded on the Services; (b) any notice you submitted for content reporting or removal.
In this regard, you understand that the deadline for submission of a complaint is six (6) months after notification of the respective decision has been communicated to you.
You have the option to lodge a complaint via the email linked to your account or the email address provided in the applicable decision notification. You understand that your complaint must contain adequate information for us to conduct an investigation, including an explanation of why you believe your complaint is justified. Failure to provide sufficient details may result in the rejection of your complaint.
Please note that we will review all complaints in a non-discriminatory, non-arbitrary, diligent and timely manner. Note that your complaints will always be subject to human review. We may reverse the previous decision if the complaint sufficiently demonstrates that, inter alia: (a) the alleged material, content or information did not in fact violate applicable law, third party rights or these Terms; (b) our prior decision was unjustified, disproportionate in any other manner.
Misuse and Abuse: By submitting any material information on our Services, including any report alleging illegal content or complaint on the Services for content moderation, you agree not to abuse such features or misuse our systems. We will promptly issue notification letters where legally required if we identify any abuse of our reporting mechanisms or misuse of our Services. You acknowledge and agree that any abuse or misuse of any mechanisms, systems or processes within our Services may result in appropriate action, including but not limited to the suspension or termination of your account, for example, if your notices or complaints sent are manifestly unfounded, without prejudice of a first warning when legally required.
You recognize that misuse or abuse encompasses various behaviors, such as: (a) repeatedly submitting unfounded notices or complaints regarding illegal or improper content, including Prohibited Content, particularly over a specific timeframe or for the purpose of harassment, intimidation, or any other malicious intent and so regardless the content’s legality; (b) intentionally circumventing geographic or other restrictions to access, distribute, share, or post content; (c) generating a substantial number of reports lacking sufficient or valid information compared to the total notices or complaints made within a set period; (d) repeatedly infringing our Terms.
Before undertaking any necessary actions in response to misuse or abuse, we will evaluate each case individually. This evaluation will take into account factors such as the nature, frequency, context, and potential harm caused by the misuse or abuse.
In case a User of the Services abuses the notice or complaint-handling mechanisms, we reserve the right to suspend their ability to utilize such mechanisms.
Out-of-court Dispute Resolutions Mechanisms: In case you reside in the EU, you have the right to choose a dispute resolution body, that have been certified in accordance with the DSA, to assist in resolving disputes related to our decision on your uploaded content, notices or complaints that you submitted to us.
We may, however, decline our co-operation with your chosen Dispute Resolution Body if: (a) the dispute has already been resolved by court or another dispute resolution body; (b) you have contacted the dispute resolution body after six (6) months from our decision notification without previously using our complaint handling mechanism.
You acknowledge that per the DSA any decisions taken by such dispute settlement bodies shall not be binding on either you or us.
Point of Contact for matters related to the DSA: In accordance with the DSA, zwb4186@gmail.com, is the designated, single point of contact for communications with recipients of the Services offered herein, as well as for the European Union Member State authorities, the Commission, and the Board for the Digital Services. Please conduct all communication in English.
You represent and warrant that you have full authorization to utilize the Service and consent to be bound by Ago's Terms. You commit to adhering completely to all applicable laws, regulations, statutes, ordinances, and these Terms.
You undertake not to engage in fraudulent activities, or attempts thereof, against Ago or other users, and you shall not act in bad faith in your use of the Service. If Ago determines that you do act in bad faith or in violation of these Terms or Ago's Policies, including our Community Guidelines and Broadcaster Agreement, Ago may, at its sole discretion, terminate your account and prohibit you from using the Services.
You further represent and agree that you shall not:
. Create an account, access, or use the Services if you do not meet the Age of Consent;
. Upload, post, transmit, or otherwise distribute material or information that contains or links to materials that conflict with our Community Guidelines;
. Use, upload, or transmit (or attempt to do so) files containing viruses, Trojan horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware, or any other malicious or invasive code or program, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users;
. Transmit spam, chain letters, materials related to any political campaigns, commercial solicitations, mass mailings, or any form of spam or other unsolicited texts or emails;
. Infringe upon the contractual, personal, intellectual property, or other rights of any party by using, uploading, transmitting, distributing, or making available any information or material through the Service in a manner that infringes any copyright, trademark, patent, trade secret, or other right of any party;
. Collect or harvest any personally identifiable information, including account names, from the Services;
. Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or violate these Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
. Attempt to obtain or reveal passwords or other private information from other users, including personally identifiable information, identification documents, financial information, or any information that may be used to track, contact, or impersonate another individual;
. Use the Service to design, assist, develop, distribute, use, or publicly inform other users of "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, hacks, mods, or any other unauthorized third-party software designed to allow the user to cheat or obtain an unintended advantage while using the Service or modify or interfere with the Service or any Ago features and Ago usage experience;
. Exploit, distribute, or publicly inform other members of any errors, miscues, bugs, or technical malfunctions which give an unintended advantage;
. Engage in any activity related to Digital Items in a manner that violates these Terms, including transferring Digital Items to other individuals or user parties or entities, selling or re-selling Digital Items, or fraudulently obtaining or acquiring Digital Items or other products or services;
. Intentionally or unintentionally use the Service in connection with any violation of applicable laws or regulations or encourage or promote illegal activities;
. Interfere with others' ability to enjoy the Service, including making any automated use of the system or take any action that imposes an unreasonable or disproportionately large load on Ago's infrastructure;
. Reverse engineer, decompile, disassemble, decipher, modify, or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service;
. Create derivative works of the Services;
. Use the Services in whole or in part for any purpose except as expressly provided herein;
. Disable or circumvent any access control or related device, process or procedure established with respect to the Services.
Any use of the Service in violation of these representations and use restrictions is strictly prohibited and may result in the immediate termination of your account at Ago's sole discretion. Such violations may also subject you to criminal and financial liabilities under criminal and civil laws.
We reserve the right to disclose or report any money laundering or other illegal activity to law enforcement and regulatory authorities. Ago reserves the right to seek damages and other remedies from you to the fullest extent permitted by law.
The Services may be incorporated into and may incorporate itself, software and other technology owned and controlled by third parties. Any such third-party software or technology that is incorporated into the Services falls under the scope of these Terms. Portions of the Service may include software that we license from third parties, which may include open source and related components ("Third Party Software") and is subject to the terms imposed by third-party licensors. We do not make any warranty with respect to Third Party Software.
The Services may include links or references to third-party websites or applications offering products or services, including games, applications, third-party shopping merchants, images, special offers, or other events or activities, that are operated and maintained by other persons and/or that are not owned by Ago ("Reference Sites"). These Terms do not apply to Reference Sites. Please be aware of when you visit or use any Reference Sites, and we encourage you to read these Terms and privacy policies of any Reference Sites that you visit or use.
Ago does not assume any responsibility for Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. You expressly relieve Ago from any and all liability arising from your use of any Reference Sites.
If you have downloaded the App from the Apple, Inc. ("Apple") App Store or if you are using the Services on an iOS device, you acknowledge that you have read, understood, and agreed to the following notice regarding Apple. These Terms are between you and Ago only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Services to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third-party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Apps infringe that third-party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
The Services provide a feature where the money deposited by Viewers is held as "coins" ("Coins"). These Coins are exclusively intended for use within our Services, including participation in various features, gifting virtual items, and interacting with broadcasters (collectively known as "Digital Items").
You acknowledge and agree that regardless of the terminology used, any amounts transferred for purchasing Coins and Digital Items are held as a deposit on your behalf by a third-party payment provider in escrow until you gift them to a broadcaster, if applicable. At the point of gifting, the deduction from your Coins balance signifies a payment made by you, as outlined in this provision (including the Broadcaster Terms).
Your use of any Coins and Digital Items must be solely for legitimate purposes within the Services and must consistently comply with these Terms and all applicable laws. Digital Items hold no real-world monetary value and cannot be redeemed or cashed out for "real world", money, goods, or any other item of monetary value from Ago or any other party. You understand that you have no right or title in the Digital Items appearing or originating in the Services, whether "awarded" or "purchased" from Ago. Since Coins are held in escrow for you, as long as you do not use them to gift a Digital Item or for any other purpose, you have the right to request a refund for the money deposited, in accordance with Ago's policies, procedures, and discretion. To initiate the refund process, please follow the steps provided by our customer support. A refund will not be granted if your access to the Services has been suspended, restricted, or terminated by you or Ago, or if you are suspected of engaging in frivolous or fraudulent claims or activities, or where necessary to prevent money laundering or other illegal activities.
Purchases of Digital Items are final and non-refundable, except at Ago's sole discretion. You are prohibited from transferring, selling, or exchanging Digital Items and Coins outside the Services, or attempting to sell, give, or trade them in the real world. Any violation of these Terms may result in account termination and legal action. Any balance of Coins in your Ago account does not represent real-world monetary value.
By using the Service, you agree to pay for all Digital Items purchased and authorize Ago to charge your payment method. You are responsible for providing a valid payment method and for any applicable charges, including taxes and fees, related to your deposit. Furthermore, when you make a deposit or use any other payable features, you acknowledge and agree that you shall pay any applicable charges, including taxes and any fees (e.g., processing fees), related to your transaction.
Digital Items obtained on application stores or platforms, including but not limited to Apple iOS or Android, will be subject to the payment terms and conditions of those platforms. Ago does not have control over the payment methods available on those platforms and shall not be held liable for payment processing by third parties. Please refer to the terms of service of those platforms for further information.
You may only give Digital Items in accordance with these Terms and via designated features within the Services. Once given, Digital Items cannot be refunded, undone, or withdrawn. Attempting to transfer or sell Digital Items in violation of these Terms may result in account termination and legal action.
Giving Digital Items to broadcasters may result in income for them, and broadcasters are solely responsible for paying any taxes on their earnings. Completed transactions are confirmed upon receipt of payment, and Ago may cancel incomplete transactions at its discretion. Ago facilitates the collection and transmission of Digital Items to broadcasters but does not act as their agent in procuring or providing them. Ago retains no authority to contract on behalf of users or broadcasters regarding the giving of Digital Items.
The ratio of real currency to Coins and Digital Items is determined by Ago, and Ago may modify this ratio at any time without notice. Your use of the Services constitutes acceptance of the current ratio at the time of deposit. Ago may update its terms of sale for Coins and Digital Items, and you agree to review these terms before making any deposits.
Users, Broadcasters, and everyone who uses our Services are strictly prohibited from engaging in self-gifting activities on our platform. Self-gifting refers to the act of a user sending, attempting to send, or assisting to send, Coins, Digital Items, or any form of benefit to themselves, either directly or indirectly. In the event we detect self- gifting behaviors through various monitoring tools, Ago may at its sole discretion terminate your account, and withhold any funds or virtual items (including Digital Items and Diamonds) that are present therein.
Ago retains the authority to temporarily confiscate Coins from your Ago account if it reasonably deems your account to be inactive. An account will be classified as dormant if it remains inactive for a period of forty-five (45) days ("Dormant Account"). Any confiscated Coins will be restored to your account upon reactivation.
Ago maintains a strict stance against fraud. Please be aware that, in addition to pursuing any appropriate legal actions, Ago reserves the right to terminate your access to the Services and/or permanently seize any Coins from your Ago account that are determined, at Ago's sole discretion, to have been obtained through fraudulent or improper means. Prior to such confiscation, Ago will notify you to allow for an opportunity to appeal via the Services. However, please note that Ago's decision, made at its sole discretion, will be final and binding.
If your Ago account balance regarding Coins is inaccurate due to system maintenance or technical failures, Ago will make commercially reasonable efforts to rectify the situation. Feel free to reach out to us regarding your Coin balance, purchases of Digital Items, or gifting Digital Items at zwb4186@gmail.com.
From time to time, we may offer limited-time promotions, contests, and special offers ("Promotion"). Please review the official rules associated with such Promotions and any other terms and conditions that apply to such Promotions. They will apply in addition to these Terms.
Ago may, with or without prior notice, stop providing the Services and any accompanying feature to you or to users generally, or create usage limits for the Services. Ago, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Services without notice. Ago has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Services. You may have to agree to a renewed version of some or all of the Terms in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Services. You acknowledge that Ago may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Services and, accordingly, may modify, update or upgrade the version of the Services that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.
Storage space is inherently limited and as a result we are careful not to overload our servers. Accordingly, you acknowledge and agree that Ago is not under any obligation to preserve, provide access to or return to you any Content and that Ago shall have no responsibility for the modification, loss, deletion or destruction of any Content, including any stored Content. You further understand and agree that Ago may remove certain Content from its storage systems periodically at its discretion without notice to you.
You may terminate your use of the Services at any time by uninstalling and deleting the Services from all of your devices. If you have subscribed to any premium services, you agree that you are solely responsible for directly terminating all future payment obligations you may have with any Store and/or payment processing service in connection with the premium services. You may choose to delete your account prior to deleting the Services from your device. Ago will then delete all your content and account details. Ago reserves to right to retain any of Your data that necessary to comply with any applicable law or legal obligation.
Ago reserves the right at its sole discretion to restrict, suspend, terminate, modify, or delete accounts or access to and use the Services and any other features without any obligation to compensate you for any resulting losses. Without limiting any other remedies, Ago may remove, block, suspend, at its sole discretion, any Content you share on the Service, as well as modify, limit, suspend, discontinue, or terminate any of the Terms, access, and/or your use of all or any part of the Services with immediate effect automatically, with or without notice and without recourse to the courts or other tribunals for any reason or for no reason, including without limitation if Ago believes that you are:
. In breach of any of the terms of any of the Terms;
. Creating problems or legal and/or regulatory liabilities (actual or potential);
. Delinquent with respect to any charges due for a Premium Service;
. Infringing a third party’s intellectual property rights;
. Displaying, transmitting, or sharing any Prohibited Content;
. Engaging in fraudulent, immoral, or illegal activities;
. Illegal or improper use of your account or the Services or improper use of Ago's intellectual property;
. Endangering Ago's user community;
. Dormant Account for 45 days or longer.
You agree that Ago is under no obligation to provide the Services, including without limitation any premium services, and that neither Ago nor any third party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination, or modification of the Services.
You agree to indemnify, defend and hold harmless Ago, its licensors, its agents, its partners, and their respective affiliates, officers, directors, employees, contractors, and suppliers (including Ago, collectively the "Ago Parties"), from and against any and all claims, obligations, actions, losses, liability, damages and costs, including but not limited to reasonable attorneys’ fees, arising from your use of the Services or access to the Services, including, without limitation: incurred by such parties, in connection with or arising out of (a) your violation of these Terms or any applicable law, rule or regulation, whether or not referenced herein, (b) Infringement of ant third-party rights; (c) misuse of the Services (d) your Content or other communication transmitted via the Services; (e) any claims arising from user submissions or content submitted via your account; (f) unauthorized access to the Services using your credentials; (g) any taxes related to your purchase or use of Services (excluding Ago's income taxes); (h) any other third-party claim related to your use of the Services.
Ago reserves the right to assume exclusive defense and control of claims for which you are obligated to indemnify Ago, and you agree to cooperate with Ago's defense efforts. Ago will make reasonable efforts to notify you of any such claims.
By accessing, using, or downloading the Service, you acknowledge and agree that your utilization of the Service, any available Service's feature and inclusive of all content, shall be solely at your own risk and is provided on an "as is" basis. Ago Parties disclaim all warranties, conditions, or other terms of any kind, whether explicit or implied, in connection with the Service and your use thereof, including but not limited to implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose, or non-infringement, as well as warranties regarding usefulness, authority, accuracy, completeness, and timeliness.
Ago Parties makes no warranties or representations that the Services provided by us or by any linked sites will be uninterrupted, up-to-date, complete or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected. Ago Parties assumes no liability for:
. Error, omission, deletion, defect, or any failure to perform, error, omission, interruption, deletion, defect or delay in operation;
. Personal injury or property damage resulting from Service access and usage;
. Unauthorized access to your account;
. Interruption or cessation of transmission to or from the Service;
. Transmission of harmful components by third parties, such as bugs, viruses, trojan horses, or similar;
. Malfunctions in computer systems, hardware, software, or program operations, or any other errors, failures, or delays arising from Service access or usage;
. Quality, accuracy, completeness, or validity of any information, data, any feature or component of the Service;
. Suitability of the Service to meet your requirements, or the security of transmissions or data.
You understand and agree that the use of the Services is at your own discretion and risk and that you will be solely responsible for any damage and any losses that results from the Service or any of the related services, including any loss of data, loss of Coins, or damage to your property (including your device and computer system). You understand and agree that any loss of any kind you incur while using the Services and any other related services and features is solely your responsibility. The company disclaims any liability for any such losses. You expressly waive any claims or demands of any kind against the company for any losses incurred as a result of your use of the Services and any other related services and features.
By accessing or using the Service, you agree that Ago is not responsible for any damage, loss, or injury resulting from unauthorized access or use, such as hacking or tampering. Unauthorized access attempts, interference with Service procedures, or intentional damage to the Service may result in civil and/or criminal prosecution, immediate termination of participation, and forfeiture of any Digital Items. Any fraudulent activity, including automated or fraudulent methods of access, will lead to prosecution, participation termination, and Digital Items forfeiture.
To the maximum extent permitted by applicable law, in no event shall the Ago Parties be liable to you or any third party for: (a) Any special, direct, indirect, incidental, punitive, exemplary, or consequential damages, including lost profits, data, goodwill, legal fees, expert fees, substitute service costs, lost opportunities, or other expenses, arising from Service reliance or usage; (b) Third-party conduct, including other user actions or external site operators.
You agree to release, discharge, defend, indemnify, and hold Ago and its affiliates, subsidiaries, directors, officers, agents, contractors, partners, and employees harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising from:
. Your Service use or misuse;
. Violation of these Terms;
. Breach of representations, warranties, and covenants;
. Violation of third-party rights, including copyright, property, or privacy;
. Claims of user submissions causing third-party damage;
. User Content or Content shared on or through the Service.
However, in no event shall the aggregate liability of the Ago Parties exceed the amount you paid to Ago for any products or services purchased from Ago on any of the services during the six (6) month period immediately preceding any claim. The foregoing limitations will apply even if the above-stated remedy fails in its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the Ago Parties will be limited to the maximum extent possible under applicable law.
You and Ago agree that any cause of action arising out of or related to any of the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The Services may only be operated, exported or re-exported in compliance with all applicable laws and export regulations of the United States and the country in which you obtained them. The Services are specifically subject to the U.S. Export Administration Regulations; diversion contrary to United States law is prohibited. You may not export, directly or indirectly, the Services or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the United States Government or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval.
You are required to comply with all applicable economic sanctions laws, including those administered by the U.S. Department of the Treasury Office of Foreign Assets Control ("OFAC"), and may not use, export, or transfer any portion of the Services or any related technical information or materials directly or indirectly except as authorized by such sanctions laws. These laws generally prohibit or restrict transactions involving: certain countries or regions including Crimea, so-called Donetsk People's Republic, so-called Luhansk People's Republic, Cuba, Iran, North Korea, and Syria, as well as any individual or entity from, located in, ordinarily resident in, or affiliated with the governments of those countries or regions; certain individuals or entities including those identified on lists published by OFAC such as the Specially Designated Nationals and Blocked Persons ("SDN") List; nationals of Cuba; and the Government of Venezuela. Users may only access the Services in compliance with these laws. Persons who are from, located in, or ordinarily resident in countries or regions subject to U.S. sanctions, who are associated with or acting on behalf of the governments of those countries or regions, who are SDNs or other denied or blocked parties under U.S. law, or who are otherwise subject to sanctions are prohibited from accessing or using the Services absent a license or other government approval or authorization. Ago has the right to deny access to or terminate its relationship with any person who fails to comply with these laws.
All Services and technical data are commercial in nature and developed solely at private expense. The Services program and documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the software program and/or documentation by the U.S. Government or any of its agencies shall be governed solely by the Terms and shall be prohibited except to the extent expressly permitted by the Terms. Any technical data provided that is not covered by the above provisions is deemed to be "technical data-commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b).
These Terms and any disputes arising out of or related to the use of our services shall be governed by and construed in accordance with the laws of:
. For users in the European Union (EU): The laws of the Republic of Cyprus, excluding its conflict of law principles, shall apply;
. For users outside the EU: The laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents, and by the laws of the United States, excluding its conflict of law principles, shall apply. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to the Terms. You agree that the Services shall be deemed solely based in New York and each a passive Service that does not give rise to personal jurisdiction over Ago, either specific or general, in jurisdictions other than the State of New York.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree that any claim or dispute at law or equity that has arisen or may arise between you and Ago relating in any way to or arising out of these Terms or your use of or access to the Services will be resolved in accordance with the provisions set forth in this Section 22.
You and Ago will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. That notice should contain proof of your relationship with Ago, the nature and legal basis for your or Ago’s dispute, and an individual monetary demand if you or we are seeking such relief. During this period, the parties shall use their best efforts to settle any dispute, claim or disagreement. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Ago relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration.
Any dispute, claim or controversy arising out of or relating to any of the Terms, including this provision, or the formation, applicability, interpretation, breach, termination, validity or enforceability thereof, shall be determined by arbitration. The arbitration shall be conducted by one arbitrator and administered by the International Chamber of Commerce ("ICC") in accordance with the ICC Arbitration Rules in effect at the time of the commencement of the arbitration except as they may be modified herein. The seat of the arbitration shall be in New York, United States of America, and it shall be conducted in the English language. You agree that the existence of the arbitration, any information provided in the arbitration, and any submissions, orders or awards ("Confidential Information") made in the arbitration shall be kept confidential and you agree not to consent to the publication of the Confidential Information.
Furthermore, you agree that neither you nor Ago will join any claim with the claim of any other person or entity in arbitration; that no claim will be resolved on a class-wide basis; and that neither you nor Ago will assert any claim in a representative capacity on behalf of anyone else. Notwithstanding the foregoing, you agree that Ago shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree not to commence or prosecute any action against any Ago Party other than by filing an arbitration complaint in accordance with this paragraph. By agreeing to be bound by the Terms, you are waiving any right you have to seek relief in a court of law and any right you have to a trial by jury. The parties further agree that, if and to the extent this agreement to arbitrate is held not apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.
30-Day Right to Opt-Out: You reserve the right to opt-out and avoid being subject to the arbitration clause by sending written notice of your decision to opt-out to the email address specified in section 24 herein. The notice must be sent within 30 days of your first use of the Services, or the issuance of a materially changed clause, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Ago. If you opt-out of arbitration, Ago also will not be bound to arbitrate.
Notices: Ago may provide you with notices, including those regarding changes to the Terms, by email, via the Services or postings on the Ago website: https://www.agolivechat.com. Notice will be deemed given twenty-four (24) hours after the email is sent. Notice posted on the Ago website or via the Services is deemed given ten (10) days following the initial posting. Ago reserves the right to determine the form and means of providing notifications to our users.
Amendments: Ago reserves the right to amend any of the Terms at any time by publishing the revised Terms, Community Guidelines, Privacy Policy, Copyright Policy, Broadcaster Agreement and/or Third Party License on the Ago website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised Terms shall become effective following the applicable notice period, unless you expressly accept the revised Terms earlier by clicking on the accept button. Your express acceptance or continued use of the Services after the applicable notice period shall constitute your acceptance to be bound by the revised Terms.
Entire Agreement: The Terms (consisting of the Terms, Community Guidelines, Privacy Policy, Copyright Policy, Broadcaster Agreement and Third Party License) represent the complete agreement between you and Ago and may only be amended as set forth under as expressly provided herein. If any provision of the Terms is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
Survival: Any and all terms and conditions within these Terms that should, by their nature, survive termination of your account, will survive such termination, including, but not limited to sections 4-10 and 18-22.
Assignment: You are not allowed to assign any of the Terms or any rights or obligations thereunder. Any attempted transfer or assignment in violation thereof shall be null and void. Ago is allowed at its sole discretion to assign or transfer any of the Terms and any rights thereunder to any third party, without giving of notice.
Waiver: The failure of any Ago Party to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Ago.
Headings: The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
Injunctive Relief: You acknowledge that the obligations made hereunder to Ago are of a unique and irreplaceable nature, the loss of which shall irreparably harm Ago and which cannot be replaced by monetary damages alone so that Ago shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
Third-Party Beneficiaries and Agreements: If you downloaded the App from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary hereof. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable third-party terms of the agreement, including those of any Application Store, as may be applicable, when using the Services.
No Partnership, Agency or Joint Venture: The Terms do not create or imply any partnership, agency or joint venture.
Severability: If any of the provisions of the Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.
If you have any questions about These Terms or the Services, please contact us at:zwb4186@gmail.com.