PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS PLATFORM
These Terms of Service (the “Terms”) are between Chatsie Ltd t/a Chatsie with registered company number 13169953, of 27, Monomark House, Old Gloucester Street, London, United Kingdom, WC1N 3AX (“Chatsie” “us” “our”) and the entity or person using our web based application agreeing to these terms (the “Customer”, “you”, “your”).
By using our Service you accept these Terms. By creating an account and using the Service, you agree to be bound by these Terms and confirm you have permission to access and install the Smartphone Apps on the User’s smartphone, including explaining to the User the functionality of the applications and the services we provide. If this is not the case, you must not use our Service.
Please note these terms do not apply to the owner of the smartphone for whom you download our Smartphone Apps via the Service (the “User”).
1 USING THE ORDERED PLATFORM
1.1 About our Service. We have created a website application to provide a smartphone experience which makes smartphones simpler and easier to use, particularly for those who struggle with the constantly evolving world of smartphone technology (the “Service”).
1.2 What are the Smartphone Apps? The mobile application is made up of four apps:
(i) Chatsie Menu, replaces and simplifies the User’s smartphone home screen;
(ii) Chatsie SMS is a fully functioning SMS app, customisable by the Customer for the User;
(iii) Chatsie Dialler is a fully functioning dialler app, customisable by the Customer for the User; and
(iv) Chatsie Notification Blocker which blocks internet traffic for any apps that aren’t specifically approved by the Customer or the four Chatsie apps,
(together the “Smartphone Apps”).
1.3 Grant of rights. You grant us and confirm you have the necessary permissions of the User to grant us the authority to access the smartphone of the User to provide them with the Smartphone Apps in accordance with your instructions via the Service.
1.4 Creating a Chatsie Account. To register for and use the Service and subsequent Mobile Apps, you must create an account via the Service (a “Chatsie Account”). You must provide current, complete and accurate information as prompted by the registration form, including a contact name and valid e-mail address.
1.5 Security of Chatsie Account information. You are responsible for the information you provide to create your Chatsie Account, the security of your passwords for your Chatsie Account, and for any use of it. We have no obligation to provide you with multiple Chatsie Accounts. You are solely responsible for any and all activities that occur under your Chatsie Account and for use and disclosure of any data created, collected or maintained in your Chatsie Account whether such activities or use is conducted by you or a third party. You must notify us immediately if you learn of any unauthorised use of your Chatsie Account or any related breach of security.
1.6 Onboarding process. As part of account creation you are taken through an onboarding process to set up the User’s smartphone including uploading contacts and providing preferences as to how to simplify the User’s smartphone experience. Where you do not complete this onboarding process in full, the User’s experience of the Smartphone Apps may be limited and/ or restricted.
1.7 Subscription fees and payment terms. All subscription fees and payment terms will be provided to you during the sign up process.
1.8 Documentation & Support. We provide documentation to support your use of the Service, available on our website. The documentation may specify restrictions on how the Service and Smartphone Apps can be used, as well as minimum system requirements. It is important you comply with any of these restrictions. Chatsie is under no obligation to provide support and maintenance services in connection with your use of the Service or the Smartphone Apps.
1.9 Service standards. You agree not to use, or allow access to, the Service for the purposes of: (a) disrupting the performance of our servers or causing server-wide outages; and (b) advertising, transmitting, storing, posting, displaying, or otherwise making available materials that: (i) violate applicable law including accessing a User’s smartphone where you have not been given consent to do so; (ii) impersonate anyone or falsely state or otherwise misrepresent your affiliation to anyone; (iii) violate privacy, publicity, or other rights; (iv) are of adult nature, pornographic, or harmful to minors; (v) are unlawful, untrue, harmful or obscene; and/or (vi) are malware. We reserve the right to review all content added to the Service and if we determine that you have violated the terms of this clause, we may immediately remove the offending materials and/or terminate your access to the Service.
2 MODIFICATIONS, UPDATES & DOCUMENTATION
2.1 Service functionality. We may: (i) make new applications, tools, features or functionality available from time to time through the Service; and (ii) add, suspend or remove functionality from the Service at any time. You acknowledge that your access to any new functionality may be contingent upon your agreement to additional terms.
2.2 Service maintenance. At any time, we reserve the right to carry out emergency maintenance on the Service, which may mean the Service is unavailable to you for some time.
2.3 Updates to these Terms. We may make changes to these Terms, including to our pricing and any documents or resources referred to in these Terms from time to time. Unless otherwise notified to you, material changes to these Terms will become effective 30 days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately. If you do not agree to the revised terms, you must stop using the Service. Changes to these Terms will be available via our app and website.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 Mutual rights. Unless we have said so in these Terms, these Terms do not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. This means that you and the Users own all Intellectual Property Rights in the Customer/ User data, and Chatsie and its licensors owns all Intellectual Property Rights in the Service and Smartphone Apps.
3.2 Third Party Components. Third party components (which may include open source software) of the Service may be subject to separate licence agreements. To the limited extent a third party licence expressly supersedes these Terms, that third party licence governs your use of that third party component.
3.3 Feedback. If you provide feedback about the Service, then we may use that information without obligation to you, and you assign to us all right, title, and interest in that feedback.
4 PRIVACY AND DATA PROTECTION
4.1 Data protection. For the purposes of providing the Service, we will act as the Data Controller of any Personal Data saved to our cloud. You acknowledge that if your use of the Service cannot be described as being for personal or household activities, then you will need to comply with data protection law when using the Service. We recommend you assess whether your use of the Service requires you to comply with data protection law.
4.2 Security. All facilities used by us will adhere to reasonable security standards no less protective than the security standards at facilities where we process and store our own information of a similar type. We have implemented at least industry standard systems and procedures to: (i) ensure the security and confidentiality of the data; (ii) protect against anticipated threats or hazards to the security or integrity of the Service; and (iii) protect against unauthorised access to or use of the Service and User’s/ Customer’s Personal Data.
5 TERM AND TERMINATION.
5.1 Termination. Your subscription will start on the date you sign up as a user of the Service and agree to these Terms. Your access to the Service will continue until the earlier of you cancelling your subscription, or the termination of your rights to access the Service by us in accordance with these Terms.
5.2 How to Terminate. You can do this by emailing us at email@example.com.
6 GENERAL LEGAL TERMS
6.1 Survival of important terms. Please note that all rights under these Terms, which by nature should survive termination, will, including Indemnity, Limitation, Governing Law, Notices and Intellectual Property Rights.
6.2 Representations and Warranties. Each party represents and warrants that: (a) it has full power and authority to enter into these Terms; and (b) it will comply with all laws and regulations applicable to its provision, or use, of the Service, as applicable.
6.3 Exclusion. We do not exclude or limit in any way our liability to you where it would be unlawful to do so including for fraud, or death or personal injury caused by our negligence.
6.4 Limitation. We exclude all implied conditions, warranties, representations or other terms that may apply to our Service. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Service; or use of or reliance on any information displayed on our Service. In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. In no circumstances will our liability to you exceed £5,000.
6.5 No Services guarantees. The Service, the Smartphone App and our website are provided “as is”. Chatsie make no guarantee as to the quality of the foregoing and its suitability for your individual purposes.
6.6 Indemnity. You agree to indemnify us, our affiliates, directors, officers and employees against all loss, costs, damages liabilities and expenses that arise out of your breach of these Terms and/ or use of the Service, as well as any claim we receive from a User in connection with how you have used the Service.
6.7 Notices. Chatsie will issue all notices to you via the Service save for any that will materially impact your rights or your use of the Service which we will email to you, via the email you use to subscribe to the Service.
6.8 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
6.9 No Agency. These Terms do not create any agency, partnership or joint venture between the parties.
6.10 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.
6.11 No Third-Party Beneficiaries. These Terms do not confer any benefits on any third party unless it expressly states that it does.
6.12 Governing Law. These Terms are governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in the event of any dispute.
6.13 Entire Agreement. These Terms set out all terms agreed between the parties and supersede all other agreements between the parties relating to its subject matter. In entering into these Terms, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in these Terms.
FOR MORE INFORMATION
If you have any questions or comments about these Terms please contact us at firstname.lastname@example.org.