Terms of Service, last modification: November 30, 2020
In order for Springchat (collectively, “Springchat”, “our”, “we” or “us”) to provide the
services described below (collectively, “Services”) through our App, feature software or
website, we need to obtain your express agreement to our Terms of Service (“Terms”).
You confirm your agreement to these terms by registering, installing, accessing or using
our apps, Services, features, software or website.
Our Services
Springchat will provide the following services:
Connecting you with the news and with other People. We will provide ways
for you to access news content through our Apps and to communicate with other users
of our Services (“Springchatters”) through written and voice messages, sending
images and videos when you choose to. Communications with other Springchatters will
take place either through our Instant Chat feature or through our messaging feature.
Ways to Improve Our Services. We will analyze how you make use of
Springchat in order to improve every aspect of our Services described here.
Improvement of these Services will take place in-house at Springchat and no other
third party or partner will be involved in doing this.
Safety and Security. The safety and security of Springchat for all is
very important to us and we work to protect ourselves and the people who use our
Services appropriately from those who are abusive and conduct activity that is in
violation of our Terms. Misuse of our Services is prohibited, as is harmful conduct
towards others and violations of our Terms and policies. We will use automated
systems to aid and improve our ability to detect and remove abusive behavior and
activity to protect our Springchatters and the safety and security of our Services.
In the case of people or activity that affects other Springchatters and the safety
and security of Springchat, we will take the appropriate action by removing such
people or activity or contacting law enforcement.
Please be aware that Springchat provides NO ACCESS TO EMERGENCY SERVICES. Our
Services are not intended to facilitate, nor do they provide you with access to
emergency services or emergency services providers (including but not limited to, the
police, fire departments or hospitals), or otherwise connect you to public safety
answering points. You should always ensure you can contact the relevant emergency
services providers through your mobile phone, a fixed-line telephone, or other service
as appropriate.
About our Services
Registration. You must register to use our Services using accurate and complete
information, provide your current mobile phone number and a valid email address. If
these change, you can update at any time in our App. You agree to receive emails from us
to validate your account in order to use our Services.
Address Book. In accordance with applicable laws, you may provide us with the
phone numbers of Springchat users and other contacts in your mobile address
book.
Age. You must be at least 13 years old to use our Services or the minimum
required age to use our Services under applicable law in your country. In addition to
being of the minimum age under applicable law, if you are not old enough to have
authority to agree our Terms in your country, your parent or guardian must agree to our
Terms on your behalf.
Devices and Software. In order to use our Services, you must provide certain
devices, software and data connections; which we otherwise do not supply. In order to
use and continue to use our Services, you consent to download and install updates to our
services, either manually or automatically. You also consent for Springchat to send you
notifications from time to time, as necessary to continue to provide our Services to
you.
Privacy Policy and User Data
Springchat values and care about your privacy. Our Privacy Policy describes our
information practices, which includes the types of information we receive and collect
from you, how this information is anonymized, used and shared, and your rights in
respect to the processing of information about you. Our Privacy Policy establishes
and describes the legal bases for our processing of personal information about you. This
will include the collection, use, processing of such information regardless of where you
use our Services.
Acceptable Use of Our Services
Our Terms and Policies. You must use our services according to our Terms and
policies (including but not limited to our Privacy Policy). In the event of you
violating our Terms or policies, Springchat reserves its right to take action with
respect to your account, including disabling, suspension or termination of the account
permanently. If we carry out any of these measures, you must not create a new account
without our written permission.
Legal and Acceptable Use. You must access and use our Services only for legal,
authorized and acceptable purposes. You will not use (or assist in using) our Services
in ways that:
Violate, misappropriate or infringe the rights of Springchat, other
Springchatters or others, including privacy, publicity, intellectual property or
other proprietary rights;
Are defamatory, hateful, threatening, harassing, intimidating, obscene,
discriminatory, racially or ethnically offensive, illegal or incite, instigate or
encourage conduct that would be illegal or otherwise inappropriate;
Involve publishing disinformation, misinformation, falsehoods and misleading
statements;
Impersonate someone else or otherwise are misleading as to your identity;
Involve sending illegal or impermissible communications, such as spam bulk
messaging or auto-messaging; or
Involve any non-personal use of our Services unless otherwise authorized by
us.
Harm to Springchat or other Springchatters. By accepting these Terms, you agree
not to (or assist others to) directly, indirectly, through automated or other means
access, use, copy, adapt, modify, prepare derivative works based upon, distribute,
license, sublicense, transfer, display, perform, or otherwise exploit our Services in an
impermissible or unauthorized manner, or in a way which burdens, impairs, or harms us,
our Services, systems, Springchatters, or any other third party, including the following
(which you must not directly or through automated means):
reverse engineer, alter, modify, create derivative works from, decompile, or
extract code from our Services;
send, store, or transmit viruses or other harmful computer code through or onto
our Services;
gain or attempt to gain unauthorized access to our Services or systems;
interfere with or disrupt the safety, security, or performance of our
Services;
create accounts for our Services through unauthorized or automated means;
collect the information of or about Springchatters in any impermissible or
unauthorized manner;
sell, resell, rent, or charge for our Services in an unauthorized manner;
distribute or make our Services available over a network where they could be
used by multiple devices at the same time, except as authorized through tools we
have expressly provided via our Services; or
create software or APIs that function substantially the same as our Services and
offer them for use by third parties in an unauthorized manner.
Keeping Your Account Secure. It is your responsibility to keep your device and
Springchat account safe and secure. It is your duty to notify us as soon as possible of
any unauthorized use or security breach of your account or our Services.
Third Party Services
Our services will allow you to access, use or interact with third-party websites, apps,
content and other products or services. For example, you may wish to visit the original
article on the publisher’s website or view a piece of content through another
application. Please note that our Terms and Privacy Policy only apply to the Springchat
Services. Third-party websites, apps and content will have their own, separate terms and
privacy policies that will govern your use of those services.
YouTube. The Springchat Services use YouTube API Services to provide third party
content. In viewing content provided by YouTube API Services, users are agreeing to be
bound by the YouTube Terms of Service.
Licenses
Your Rights. Springchat does not claim ownership of the information that
you submit for your Springchat account or through our Services. You must have
the necessary rights to such information that you submit to your Springchat
account or through our Services and the right to grant the rights and licenses
in our Terms.
Springchat's Rights. We own all trademarks, logos, copyrights, domains,
trade dress, trade secrets, patents and other intellectual property rights
associated with our Services. You may not use our trademarks, logos, copyrights,
domains, trade dress, patents or other intellectual property rights without our
expressed written permission and except in accordance with our Brand Guidelines
.
Your License to Springchat. In order to provide our Services, you grant
Springchat a worldwide, non-exclusive, royalty-free, and transferable license to
use, reproduce, distribute, create derivative works of, display, and perform the
information (including the content) that you upload, submit, store, send, or
receive on or through our Services. The rights you grant in this license are for
the limited purpose of operating and providing our Services.
Springchat's License to You. We grant you a limited, revocable,
non-exclusive, non-sublicensable, and non-transferable license to use our
Services, subject to and in accordance with our Terms. This license is for the
sole purpose of enabling you to use our Services in the manner permitted by our
Terms. No other licenses or rights are granted to you by implication or
otherwise, except for the licenses and rights expressly granted to you.
Reporting Third-Party Copyright, Trademark, And Other Intellectual Property
Infringement. To report claims of third-party copyright, trademark, or
other intellectual property infringement, please notify us as soon as possible.
If you are reported to have infringed on the intellectual property rights of
others, we may take action with respect to your account; including disabling,
suspending or terminating your account.
Disclaimers
We will use reasonable skill and care to continuously provide our Services to
you and to keep the Springchat environment safe, secure and error-free but we do
not guarantee that Springchat will always function without disruptions, delays
or imperfections. You therefore agree to use our Services at your own risk and
subject to the following disclaimers:
We provide our Services on an “as is” basis, without any express or
implied warranties.
We do not warrant that any information provided by Springchat is
accurate, complete or useful.
We do not warrant that our Services will be operational, fully error
free, secure or safe, or that our Services will function without
disruptions, delays or imperfections.
We do not control how and when Springchatters use our Services and we
are not responsible for controlling how these features, services and
interfaces are used by them.
We are not obligated to control (although we will endeavor to as
provided for above) and are not responsible for the actions or information
or content of Springchatters.
We are not responsible for and are not obligated to control any of the
actions or use of third-party information or content accessed through our
Services.
You irrevocably release us, our subsidiaries, affiliates and our and
their directors, officers, employees, partners, agents from any claim,
complaint, cause of action or controversy and damages, known and unknown,
relating to, arising out of any of the foregoing, or in any way connected
with any such claim you have against any third parties.
Your rights with respect to Springchat are not modified by the foregoing
disclaimer if the laws of your country of residence, applicable as a result
of your use of our Services, do not permit it.
Limitation of Liability
We shall not be liable for any indirect or consequential loss suffered by you or
otherwise which arises from the use of our Services. Our total liability
relating to any liabilities, claims, losses, damages, costs (including legal
fees), and expenses of any kind (“Claim”), arising out of, or in any way in
connection with our Terms, us, or our Services shall not exceed the amount you
have paid us in the preceding twelve months from the date of any such Claim.
Notwithstanding the above, nothing in this section is intended to exclude or
limit our liability for death, personal injury, negligence or fraudulent
misrepresentation.
Your rights with respect to Springchat are not modified by the foregoing
limitation if the laws of your country of residence, applicable as a result of
your use of our Services, do not permit it.
Indemnification
If any third party brings a Claim (“Third Party Claim”) against us related to
your actions, information, or content on Springchat, you will, to the extent
permitted by law, indemnify and hold Springchat harmless from and against all
Third Party Claims relating to, arising out of, or in any way in connection with
any of the following:
your access to or use of our Services, including information provided in
connection therewith;
your breach of our Terms, Policies or of any applicable law; or
any misrepresentation made by you.
You will cooperate as fully as required by us in the defense or settlement of
any Third Party Claim. Your rights with respect to Springchat are not modified
by the foregoing indemnification if the laws of your country of residence,
applicable as a result of your use of our Services, do not permit it.
Dispute Resoution
If you are a consumer, please note that these Terms, their subject matter and
their formation, are governed by English law. You and we both agree that the
courts of England and Wales will have exclusive jurisdiction except that if you
are a resident outside of England and Wales whereby you may also bring
proceedings in the country in which you reside.
If you are a business, these terms of use, their subject matter and their
formation (and any non-contractual disputes or claims) are governed by English
law. We both agree to the exclusive jurisdiction of the courts of England and
Wales.
Availability and Termination of Our Services
Availability of our Services. We are always trying to improve our
Services. That means that we may add, remove or amend our Services, features,
functionalities and the support of certain devices and platforms. Our Services
may be interrupted for maintenance, repairs, upgrades or network or equipment
failures, expected or unexpected. We may discontinue some or all of our Services
and features at any time, which may include discontinuing support for certain
devices and platforms, with a notice period of 30 days, where possible. Service
availability may be disrupted or affected by events beyond our control, such as
natural or other force majeure events.
Termination. Although we hope that you enjoy our Services and remain a
Springchatter, you can terminate your relationship with Springchat at any time
for any reason by deleting your account. For instructions on how to do so,
please visit: Deleting your Account.
We may at any time, modify, suspend, or terminate your access to your account or
use of our Services if we reasonably believe you violate our Terms, for
suspicious or unlawful conduct, or create harm, risk or legal exposure for us,
other Springchatters or others. The following provisions will survive any
termination of your relationship with Springchat: “Licenses”, “Disclaimers”,
“Limitation of Liability”, “Indemnification”, “Dispute Resolution”,
“Availability and Termination of our Services”, and “Other”.
If you believe your account’s suspension or termination was in error, please
contact us at support@springchatapp.com.
Other
Subject to any mutually executed written agreement between you and us
stating otherwise, our Terms make up the entire agreement between you and us
regarding Springchat and our Services, and supersede any prior
agreements.
We reserve the right in the future to provide certain Services under
separate terms (where, as applicable, you may separately consent).
Our Services are not intended for distribution to or use in any country
where such distribution or use would violate local law or would subject us
to any regulations in another country. We reserve the right to limit our
Services in any country.
Any amendment to or waiver of our Terms requires our express written
consent. You have the right to terminate your relationship with Springchat
at any time by deleting your account.
We may amend or update these Terms at any time. Unless otherwise
required by law, we will provide you at least 30 days' notice of amendments
to our Terms, which will give you the opportunity to review the revised
Terms before continuing to use our Services. We will also update the "Last
Modified" date at the top of our Terms. Changes to these Terms shall become
effective no sooner than 30 days after we provide notice of planned changes.
Please note that we may not be able to provide such notice for changes to
these Terms that are required to address technical developments of our
Services or for changes made for legal reasons, both of which will become
effective immediately. Your continued use of our Services following the
notice period of planned changes confirms your acceptance of our Terms, as
amended. Should you not agree to our Terms, as amended, you must stop using
our Services by deleting your account.
We may freely assign all of our rights and obligations under our Terms
to any of our affiliates or in connection with a merger, acquisition,
restructuring, or sale of assets, or by operation of law or otherwise, and
we may transfer your information to any of our affiliates, successor
entities, or new owner. In the event of such an assignment, these Terms will
continue to govern your relationship with such third party. If you do not
agree to such an assignment, you must stop using our Services by deleting
your account.
You will not transfer any of your rights or obligations under our Terms
to anyone else without our prior written consent.
Nothing in our Terms will prevent us from complying with the law.
Except as stated herein, our Terms do not give any third-party
beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a
waiver.
If any provision of these Terms is found to be unlawful, void, or for
any reason unenforceable, then to the extent necessary that provision shall
be deemed severable from our Terms and shall not affect the validity and
enforceability of the remaining provisions of our Terms, and the remaining
portion of our Terms will remain in full force and effect.
We reserve all rights not expressly granted by us to you. In certain
jurisdictions, you may have legal rights as a consumer, and our Terms are
not intended to limit such consumer legal rights that may not be waived by
contract. Also, our Terms are not intended to limit such rights you may have
as a data subject that may not be waived by contract.
We always appreciate your feedback or other suggestions about Springchat
and our Services, but you understand that you have no obligation to provide
feedback or suggestions and that where you have expressly provided us with
consent to do such, we may use your feedback or suggestions without any
obligation to compensate you for them.
