AngkorChat General Terms of Use
The AngkorChat General Terms of Use (hereinafter referred to as "these Terms") apply to all users (hereinafter referred to as "Customers") who use the services, software, and other products provided by Digital Angkor Co., Ltd. (hereinafter referred to as "the Company"), collectively referred to as "our Services".
AngkorChat is a mobile application that combines messaging services, such as sending messages between users, voice and video calls, media and file sharing, and social media services for creating and sharing posts.
AngkorChat is optimized for use in Cambodia. When used in other countries, the optimal environment may not be provided, and some features may not work. AngkorChat is not responsible for any damages or other situations caused by these inconveniences.
1. Definitions
In these Terms, the following terms are used:
1-1. "Content" refers to text, voice, images, videos, software, programs, codes, and other information.
1-2. "This Content" refers to content that can be accessed through our Services.
1-3. "Uploading, etc." refers to the act of uploading, posting, disclosing, providing, or transmitting content on our Services.
1-4. "Uploaded Content" refers to the content that Customers have uploaded to our Services.
1-5. "Individual Usage Conditions" refer to usage conditions that apply specifically to certain Company Services, separate from these Terms, and are distributed or posted by the Company under names such as 'Terms', 'Regulations', 'Guidelines', 'Policies', etc.
2. Using Our Services
2-1. To use our Services, you must agree to these Terms.
2-2. If you actually use our Services, which are provided for free, it is considered that you have agreed to these Terms.
2-3. If you are a minor, you must obtain the consent of your parent or legal guardian before using our Services.
2-4. You must use our Services at your own risk.
3. Restrictions on Using Our Services
3-1. We may restrict the use of our Services to those who have registered an account (AngkorChat account), those above a certain age, or customers who meet certain conditions set by us, such as identity verification.
3-2. We restrict the use of our Services by members and associates of anti-social forces, and customers who misuse our Services or cause inconvenience to others.
4. Account Registration Information
4-1. When creating an account, it is required that you (1) provide information that is truthful and precise, and (2) regularly update your information to maintain its accuracy.
4-2. Customers who have registered an account can delete their account at any time.
4-3. All rights to use our Services that require account registration will terminate immediately upon deletion of the account, regardless of the reason. Please be aware that account recovery is not possible even if the account is deleted by mistake.
4-4. The account belongs solely to the customer. All rights to use our Services that require account registration cannot be transferred, lent, disposed of, or inherited by a third party.
5. Advertisements
We may place advertisements of ours or third parties on our Services.
6. Content
6-1. We grant customers a non-exclusive right to use the Content provided by us, solely for the purpose of using our Services. This right cannot be transferred or sublicensed.
6-2. If the customer uses Content that has a separate fee, usage period, or other usage conditions, they must follow those conditions. Even if terms like 'purchase' or 'sale' are displayed on our Services, the intellectual property and other rights of the Content provided to customers by us are not transferred to the customer, and only the right to use as mentioned above is granted.
6-3. Customers must not use the Content beyond the intended use of our Services (including copying, transmitting, reproducing, or modifying).
7. Handling of Customer Data and Content
7-1. We are not obligated to back up data stored on our servers or content uploaded by customers. It is the customer's responsibility to back up their data.
7-2. The copyright of uploaded content belongs to the customer or the rightful copyright owner. For uploaded content available to unspecified or multiple customers, such as on electronic bulletin boards, or content made public to customers other than friends on our Services, including the application 'AngkorChat', the customer grants us a non-exclusive, free right to use (including copying, performing, broadcasting, displaying, distributing, transferring, lending, translating, adapting, and publishing) the content without setting a time limit (including the right to sublicense). Our Services may include features that allow multiple customers to edit (upload, modify, delete, etc.) content. In this case, the customer permits other customers to edit their uploaded content and agrees not to exercise moral rights.
7-3. If we determine that a customer's uploaded content violates or risks violating laws or these Terms, or if it is reasonably necessary for our business operations, we may restrict the use of our Services, such as deleting the uploaded content, without prior notice to the customer.
7-4. If necessary to check compliance with laws or these Terms, we may review the content of customer uploads within the limits not prohibited by law. However, we are not obligated to conduct such reviews.
8. Customer Responsibility for Account and Password
When customers use authentication information for our Services, they must manage it carefully to prevent unauthorized use. If any operation occurs using the registered customer's authentication information (including but not limited to the combination of account and password, or confirmation of identity by matching a unique code assigned to a mobile phone number sent by a mobile carrier with the registered information), we will provide our Services considering it as the customer's own action. If someone other than the registered customer uses the customer's authentication information for operations like using our Services or purchasing products, and thereby incurs charges, we will bill the customer for those charges unless there is intentional misconduct or negligence on our part.
9. Provision of Our Services
9-1. Customers must prepare at their own expense and responsibility the necessary smartphone and other communication devices, operating systems, communication methods, and power for using our Services.
9-2. We may temporarily suspend the provision of all or part of our Services in the following cases:
(1) When conducting system maintenance or repairs.
(2) In case of inability to provide services due to force majeure such as fire, power outage, natural disaster, war, riot, or labor dispute.
(3) When a system failure occurs or there is a concentrated load on the system.
(4) To ensure the safety of customers and third parties, or in case of emergencies for the public interest.
(5) In other cases that we reasonably deem necessary.
10. Warranty and Changes to Our Services
10-1. We do not explicitly or implicitly guarantee that our Services are free from defects (including security issues, errors, bugs, infringement of rights), their safety, reliability, accuracy, completeness, effectiveness, or fitness for a particular purpose, nor the continuity of the provision of our Services. We are not obligated to remove such defects in providing our Services.
10-2. We may change all or part of our Services in the following cases:
(1) When changes in the contents of our Services, such as adding features or improvements, are in the general interest of customers.
(2) In cases not covered by the above, when there is a necessity to change the content of our Services, and the changes are reasonable considering the necessity, content after the change, and other circumstances related to the change.
11. Prohibition of Reuse of Our Services and Data
Customers cannot use our Services and the data that constitute them beyond the intended purpose, except in cases separately specified by us. In such cases, we reserve the right to prohibit such actions and to claim an equivalent amount of any benefits gained by the customer from these actions.
12. Compliance Requirements When Using Our Services
When using our Services, the following actions are prohibited:
(1) Acts that violate laws, court judgments, decisions or orders, or legally binding administrative measures.
(2) Acts that go against social norms or public morals, infringe on the rights of us or third parties, such as copyrights, trademarks, patents, and other intellectual property rights, rights of reputation, privacy rights, or other rights under law or contract, or acts that cause inconvenience to others.
(3) Uploading expressions that are excessively violent, overtly sexual, suggestive of child pornography or child abuse, discriminatory based on race, nationality, thoughts, gender, social status, etc., encouraging or promoting suicide, self-harm, drug abuse, or other anti-social content.
(4) Uploading programs that destroy or interfere with the functions of software or hardware used by other customers.
(5) Acts that destroy or interfere with the functionality of our servers or network, unfairly manipulate our Services using bots, cheat tools, or other technical means, intentionally exploit defects in our Services, make undue inquiries or demands to us, such as repeating the same question unnecessarily, or other acts that hinder the operation of our Services or disrupt other customers' use of our Services.
(6) Reverse engineering, decompiling, or otherwise decoding the source code for improper purposes or methods.
(7) Acts that interfere with our Services, the advertisements we provide, or services and advertisements offered on our websites or apps.
(8) Illegitimately collecting, accumulating, disclosing, or providing information about third parties, such as personal information, registration information, usage history, etc.
(9) Sending the same or similar messages to an unspecified number of customers (except as approved by us), indiscriminately adding other customers as friends or to group chats in our Services such as the 'AngkorChat' app, or other acts deemed as spam by us.
(10) Exchanging usage rights for our Services or Content for cash, property, or other economic benefits in ways not specified by us.
(11) Acts for commercial, promotional, advertising, soliciting purposes, or for purposes of meeting or socializing with unknown third parties (except as approved by us), acts aimed at sexual or obscene behavior, harassing or defaming other customers, promoting religious activities or organizations, or using our Services for purposes other than those intended.
(12) Using another customer's account to access our Services.
(13) Impersonating us or a third party, or intentionally spreading false information.
(14) Acquiring accounts or passwords from others by any means, or disclosing or providing one's account or password to others.
(15) Providing direct or indirect benefits to anti-social forces or cooperating with such forces.
(16) Assisting or encouraging acts that fall under items (1) to (15), or preparing for such acts.
(17) Any other acts that we reasonably deem inappropriate.
13. Prohibition of Transfer of Rights and Obligations
Customers cannot transfer all or part of their rights and obligations under these Terms, including their contractual status, to a third party without our prior written consent.
14. Deletion of Posts, Suspension of Use of Our Services, Account Deletion
14-1. To properly operate our Services, we may delete data and content, restrict the use of all or part of our Services, or delete a customer's account without prior notice in the following cases. Also, if a customer has multiple accounts, we may take action on all of those accounts.
(1) If the customer violates or is likely to violate laws, these Terms, or Individual Usage Conditions as reasonably determined by us.
(2) If the customer uses rumors, deception, coercion, or other dishonest means to damage our credit.
(3) If the account is registered or used by anti-social forces or their members or associates, or if there is a reasonable suspicion of such.
(4) If the customer does not use an account or specific Service for more than a year, except as specified in Individual Usage Conditions.
(5) In other cases where the trust relationship with the customer is lost, or when we reasonably determine it difficult to maintain the contractual relationship with the customer.
15. Compensation to Us
Customers must immediately compensate us for any damages caused to us due to their intentional or negligent actions.
16. Exemption Clauses
16-1. Our liability, regardless of its nature, is exempted unless caused by our intentional misconduct or gross negligence.
16-2. Despite the provision of 16-1, in cases where the customer's contract for the use of our Services according to these Terms does not correspond to a consumer contract under Cambodian consumer contract law, we are not liable to compensate for lost earnings or damages arising from special circumstances unless caused by our intentional misconduct or gross negligence, and our liability is limited to damages that normally occur.
16-3. In the event of damages to the customer due to our gross negligence, we are not liable for lost earnings or damages arising from special circumstances, and our liability is limited to damages that normally occur. However, this does not apply if the customer's contract for the use of our Services under these Terms corresponds to a consumer contract under Cambodian consumer contract law.
17. Individual Usage Conditions
For certain Services, Individual Usage Conditions are set in addition to these Terms. In cases where these Terms and Individual Usage Conditions differ, unless there are special provisions, Individual Usage Conditions take precedence over these Terms for the relevant Service.
18. Services Provided by Third Parties Other Than Us
Our Services may include services or content provided by third parties other than us. The responsibility for such services or content lies with the third party that provides them. Also, the terms of use set by the third party may apply to their services or content.
19. Notices or Contacts
19-1. When we need to contact customers in relation to our Services, we will do so by posting on the appropriate place within the Service or our website, or by any other method we deem appropriate.
19-2. If customers wish to contact us, they should follow the methods we have designated, such as using the inquiry form we have provided or sending an email to the designated email address.
19-3. We typically respond to customer inquiries only through messaging functions or email.
20. Personal Information
20-1. We respect the personal information of our customers.
20-2. We handle personal information of customers in accordance with the AngkorChat Privacy Policy.
20-3. We take utmost care in securing the information collected from customers.
21. Changes to Terms of Use
We may change these Terms in the following cases. In such cases, we will notify customers by posting the fact of the change, the content of the changed Terms, and the effective date of the change on our Service or website, or by any method we determine. In the case of 2, the notification of the change will be made a reasonable time before it takes effect. The changed Terms will be effective from the effective date.
(1) When the change of these Terms is in the general interest of customers.
(2) When the change of these Terms is not contrary to the purpose of the contract, and the necessity of change, the content after the change, and the rationality in view of other circumstances related to the change are reasonable.
22. Governing Law and Jurisdiction
These Terms are based in Khmer and are governed by Cambodian law in their formation, effectiveness, and interpretation. Any disputes arising between us and customers related to or stemming from our Services (including content and advertisements posted) will be subject to the exclusive jurisdiction of the Cambodian district courts as the court of first instance.
23. Limitation of Application of Terms
If any provision of these Terms violates relevant laws applicable to the contract with customers according to these Terms, such provision will not apply to the contract with that customer. However, this does not affect the validity of the other provisions of these Terms.
(Revised December 1, 2023)