Thank you for your interest in Ushine Inc. ("ushine," "we," or "us"), our website, ushine.com, and any associated websites, networks, applications, mobile applications, and other services we offer (collectively referred to as the "Service"). Each of these terms is described below. Regarding your use of the Service, these Terms of Service constitute a binding agreement between you and ushine.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

UPON CLICKING "I ACCEPT," DOWNLOADING, INSTALLING, OR USING THE SERVICE IN ANY OTHER WAY, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS AND CONDITIONS, WHICH INCLUDE USHINE'S PRIVACY POLICY, AND THAT YOUR USE OF THE SERVICE IS SUBJECT TO THEM. Together, these terms and conditions are referred to as the "TERMS." We will not let you to use the Service if you are ineligible or if you disagree with the Terms. USHINE AND YOU AGREE TO BE BOUND BY THESE TERMS BY YOUR USE OF THE SERVICE AND USHINE'S PROVISION OF THE SERVICE TO YOU.

NOTICE OF ARBITRATION/WAIVER OF CLASS ACTION: YOU CONSENT THAT ANY DISAGREEMENTS THAT MAY ARISE BETWEEN YOU AND USHINE WILL BE SETTLED THROUGH BINDING ARBITRATION, INDIVIDUAL ARBITRATION (WHICH INCLUDES CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS), AND YOU RENOUNCE ANY RIGHT TO TAKE PART IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR JURY TRIAL. THESE TERMS EXPLAIN CERTAIN EXCEPTIONS AS WELL AS HOW TO CHOOSE NOT TO ARBITRATE. BY ACCEPTING THESE TERMS, YOU HEREBY DECLARE THAT YOU HAVE READ, UNDERSTOOD, AND TAKEN THE TIME TO CAREFULLY CONSIDER THE IMPLICATIONS OF THIS SIGNIFICANT DECISION.

1. Ushine Service Overview

   1. 1.1 Ushine offers an alternative messaging experience to prevent the accumulation of contact addresses of public figures [“Influencer”] and to increase the visibility of followers who want to reach these people.

2. Accounts and Registration

   1. 2.1 To access the ushine, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us either by (a) emailing us at [email protected] or (b) submitting a support at https://ushine.app/\#contact.
   2. 2.2 Users who will register to ushine must be at least 18 years old. By agreeing to these Terms, you represent and warrant to us that; (a) you ar at least 18 years; (b) you have not previously suspended or removed from the ushine; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

   3. 2.3 To be able to use ushine as an Influencer follow these steps;

      1. 2.3.1 Sign Up to ushine app as an Influencer,

      2. 2.3.2 fill in the requested information about you in the must-fill boxes.(Such as; address, identifiable photo, bank account information etc.)

      3. 2.3.3 synchronize your social media accounts with ushine.

      4. 2.3.4 If you have registered as a Follower, you can create an Influencer registration by following the steps above by entering the settings section in the ushine app.

3. In-App Purchases

   1. 3.1 Certain features of the service may require you to pay fees. All fees are in the currencies provided on the ushine website and, except as expressly provided by applicable law, are non-refundable.
      1. 3.1.1Sending Messages: Ushine is authorized to determine the charges for the messages that Influencers receives from the Followers.
      2. 3.1.2Sending Gifts: Followers can send gifts published on ushine to the Influencers they want to communicate with. These gifts can be digital objects on the platform or related to campaigns that can be provided within the scope of ushine's collaborations. ushine is authorized to determine the amounts of these gifts.
      3. 3.1.3Video Calls: The Influencer can accept requests for video calls with followers who match them. For video calls, the fee plans published by ushine on the website and/or application will be applied.
   2. 3.2 All fees are collected by ushine via safe third-party payment processors. PayPal and other credit cards are among the payment options that our third-party payment processors allow, as shown on the relevant payment screen.
   3. 3.3 These payment options could change. Your provided information to our payment processors is subject to the privacy policies and terms and conditions of each of our third-party payment processors; it is neither held by us nor under our control. Payment processing fees may be imposed by third-party processors, and ushine is not liable for any costs these processors may levy. With relation to any costs or issues you encounter with third-party payment processors, ushine disclaims all liability.

4. Payments To Influencers

   1. 4.1 As mentioned above, Ushine is authorized to determine the charges for the messages to be sent to Influencer.
   2. 4.2 In return for the service, ushine deducts a commission that is published on the website, excluding taxes, from the payments made by followers.
   3. 4.3 At the end of each month, ushine's commission fee and taxes are deducted from the total payment made on behalf of the Influencer and the payment is made to the bank account which is declared by the Influencer within the first 7 business days of the following month.

5. Recommendations

   1. 5.1 ushine sometimes provides suggestions to users about other users on the ushine app that the subscriber would find interesting using automated procedures and algorithms, such as artificial intelligence. The following factors are taken into consideration while making these suggestions, at least in part:
   1. The location which the Follower is engaging with the service;
   2. Interests of the Follower;
   3. When the Follower’s account was created;

   4. Phone contact list and social media contacts if permission is given by Follower;

6. Prohibited Uses

   BY USING USHINE YOU AGREE NOT TO:

   1. use ushine for any illegal purpose or in violation of any local, state, national, or international law; such as,
      • inciting, encouraging, or promoting violence, racism, hatred, or religious persecution,
      • Promoting, facilitating, or directing others to commit crimes, commit fraud, or sell hazardous or dangerous products,
      • Encouraging, promoting and making sales of illegal drugs/illicit substances, steroids etc, and related drug paraphernalia, unlicensed weapons, firearms and ammunition, government ID's or documents, prostitution, stolen goods including digital and virtual goods, High Risk File hosting/sharing and cyberlockers,
      • Any action to defraud other users, (for example through pyramid or ponzi schemes, matrix programs, online trading services, illegal gambling business, betting, penny and reverse auctions)
      • actions that may violate the intellectual property rights of third parties (such as; violate any legally registered trademarks or copyrights, or engage in any other form of intellectual property infringement; distribution of software, videos, music, and other goods without a license from the owner of the copyright or another approved entity; The dissemination of fake goods and goods without certifications; Any further products that are limited or forbidden by applicable laws and/or users' personal laws)
   2. harass, threaten, demean, embarrass, or otherwise harm any other user of the ushine;
   3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
   4. interfere with security-related features of the ushine app, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the ushine app except to the extent that the activity is expressly permitted by applicable law;
   5. interfere with the operation of the ushine app or any user’s enjoyment of the ushine, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the ushine; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the ushine app;
   6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other ushine account without permission;

      Ushine maintains the right to keep an eye on and examine any data you send at any moment in order to find any instances of improper usage of the software and service. If ushine determines that your use of the Service and the Software is related to banned usage, ushine also retains the right to immediately prohibit you from using ushine app.

7. Licenses

   1. 7.1 Your Rights. UShine does not claim rights to the information you provide for your ushine App account or through our services. You must have the necessary rights to the information you provide for your ushine account or through our services and the right to grant us the rights and licenses in our Terms and Conditions.
   2. 7.2 The Rights of Ushine. Ushine is the owner of all copyrights, trademarks, brands, domain names, logos, trade dress, trade secrets, and other intellectual property rights related to our services. Except with ushine's express consent and in compliance with trademark regulations, you are not permitted to utilize any copyrights, trademarks (or similar marks), domain names, logos, trade dress, trade secrets, patents, or other intellectual property rights.
   3. 7.3 License You Grant to Ushine. For the operation and provision of the Services, you grant ushine an international, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from display and perform the Services or information (including content) that you upload, submit, store, send or receive through the Services. The rights you grant in this license are for the limited purpose of operating and providing the Services (e.g., allowing us to display your profile picture and status message, transmit your messages and provide other features described in our Privacy Policy).
   4. 7.4 Ushine's License to You. Subject to and in accordance with our Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-assignable and non-transferable license to use our services. This license is solely for the purpose of enabling you to use our services in the manner permitted by our Terms. Except for the licenses and rights expressly granted to you, no licensesr or rights are granted to you by implication or otherwise.

8. Intellectual Property,

   1. 8.1 All of the contents (such as, texts, graphics, photographs, user interfaces, musics, sounds, videos, trademarks, logos, icons, artworks, software, codes etc.) and the form of these contents presentations that are presented on the ushine App are owned by or licensed by ushine. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
   2. 8.2 Subscriber may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the ushine App or contents presented (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose without the written permission of the ushine or as permitted by applicable laws.
   3. 8.3 The intellectual property rights on the records, transactions, information, documents and reports existing in the physical or digital environment to be created during the usage of the ushine App shall belong to the user, without prejudice to the intellectual property rights on the software used therefor.
   4. 8.4 User acknowledges and declares in advance that the intellectual property rights on all kinds of software, applications and codes produced by ushine for the performance of the ushine App belong to ushine.

9. Disclaimer of Warranties

   9.1 Subscriber agrees in advance that;
   1. Use of the ushine app at his or her sole risk,
   2. Ushine do not warrant the ushine App will be uninterrupted or error free,
   3. Ushine do not make any warranty as to the results that may be obtained from use of the ushine App, nor as to the accuracy, reliability or content of any information, service, or merchandise provided through the ushine App.

   4. The ushine App is provided on an “as is” basis without any warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.

10. Changes to the Ushine App

    1. 10.1 Ushine may change or discontinue any aspect, service or feature of the ushine App at any time, including, but not limited to, content, availability, and equipment needed for access or use.

11. Limitation of Liability

    1. 11.1 To the fullest extent permissible by applicable law, in no event shall the ushine be liable to User for any lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the ushine App or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the ushine App, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the ushine App.
    2. 11.2 User agrees that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if the ushine or future parent or affiliated companies have been advised of the possibility of such loss or damage.
    3. 11.3 Without limiting the generality of the foregoing, User also specifically acknowledge that the ushine or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the ushine App or any other third parties.
    4. 11.4 Ushine disclaims that any and all liability of any kind for any unauthorized access to Users’ use of your personally identifiable information. By accessing the ushine App, User acknowledge and agree to ushines’ disclaimer of any such liability. It is advised that if the User do not agree the terms of ushine, User should not access or use the ushine App.

12. Indemnification

    1. 12.1 By agreeing this terms, it is assumed that you know that you are sole responsible by the usage of the ushine App. In this respect, you agree that to indemnify and hold harmless the ushine against all claims and expenses arised from third parties demands. Ushine reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide asistance as is reasonably requested by ushine.

13. Waiver

    1. 13.1 No failure or delay by the ushine to demand compliance with a condition arising from agreement, or the non-exercise or delay in exercising of any contractual right or legal remedy arising herefrom, shall operate as a waiver of such right or legal remedy or of other rights or legal means. No conclusion of waiver may be reached unless the relevant party expressly waives such rights provided thereto. ushine’s waiver of any right or legal remedy is limited only to the particular situation and event.

14. Severability

    1. 14.1 In the event that any part of the agreement is deemed illegal or invalid, such illegality or invalidity shall not affect the other provisions of the agreement which shall continue to be valid and binding on the parties.

15. Miscellaneous

    1. 15.1 These Terms and any rules designated by the ushine for the ushine App constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

16. Changes to the Terms and Conditions

    1. 16.1 From time to time ushine may modify, change, add or delete terms at it’s discretion. User will be notified about the changes after its been released. By using of the ushine App, user will be deemed to have accepted the changes in the Terms Of Service.

17. Term and Termination

Ushine has the right to amend, terminate or suspend these Terms at any time without the liablity of noticing to user. In it’s sole discretion, ushine have the right to terminate the access of the user to the ushine App, in the event of the any breach these Terms by the user.