1. Basic Principles.
- You must be 13 years or older to use the Application.
- If your Avaamo account is terminated for any reason, you may not create another Avaamo account without our express prior written permission to do so.
Avaamo reserves the right, at its sole discretion, to modify, discontinue or terminate the Application at any time without prior notice.
3. Account Registration and Eligibility.
3.1 Residence; Age Requirement; Authority.
In order to use any of the Application, you must be in a country in which Avaamo is legally authorized to operate the Application and be at least 13 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement, and (ii) you are at least 13 years old. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the Application.
You will be responsible for providing the mobile device, network connection, and any other hardware and software necessary to use the Application.
3.4 Account Confidentiality.
You agree that you will not allow others to use any aspect of your Account Information. You are responsible for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Avaamo will not be responsible for any losses arising out of the unauthorized use of any of your Account Information and/or account and you agree to indemnify and hold harmless Avaamo, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, Avaamo uses appropriate physical, technical and administrative procedures to safeguard the information we collect.
4.1 Application Fees.
- Avaamo may offer different tiers of services through the Application. The fees for such service tiers shall be paid in advance on a regular subscription model. Should User fail to pay any such fees, User will no longer have the premium access associated with such paid service tiers.
4.2 Communicating with Non-users.
The Application may allow users to communicate with individuals outside of the Application (“Non-users”). When Users sent communications to Non-users through the Application, the communications may be sent to Non-users via email or SMS. Users are responsible for all fees and charges associated with data or SMS sent internal or external to the Application. Moreover, Non-users responding to Users, may reply via SMS or email which may cause User to incur additional fees or costs from its mobile or data services providers. User agrees to pay all fees, charges, costs associated with using the Application and communicating with other users and Non-users whether through the Application or otherwise.
5. Your Content.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our Application (“Your Content”), you understand and agree that:
- you will continue to own and be responsible for Your Content;
- Avaamo will not sell Your Content to any third party;
- you are giving Avaamo the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve the Application, including new services that Avaamo may provide in the future;
- e) in using Your Content for these purposes, Avaamo may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future, provided that they are incorporated into our Application which you use; and
- f) Avaamo may share Your Content with third parties that Avaamo works with to help provide, promote, develop and improve our Application, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to our Application).
6. License to the Application.
6.1 License Grant.
Avaamo grants to you a limited, non-exclusive, non-transferable license to access and use the Application in legally authorized jurisdictions for personal non-commercial purposes only. If you subscribe to the Application, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a User. Any violation by you of the license provisions contained in this Section 6.1 may result in the immediate termination of your right to use the Application. Avaamo reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE APPLICATION NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
Avaamo may from time to time make available to all users of the Application, updates at no cost or subject to additional fees in Avaamo’s sole discretion. “Updates” means any updates, upgrades or error corrections to the Application that Avaamo makes available generally to users of the Application. Notwithstanding anything else contained in this Agreement, Avaamo will have no obligation to continue producing or releasing new versions of the Application or any updates thereto.
7. General Prohibitions.
You agree not to do any of the following while using the Application:
- Use the Application in a manner inconsistent with any and all applicable laws and regulations;
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
- Bully, intimidate, or harass any User;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Sell or otherwise transfer your profile;
- Use your Account to do anything unlawful, misleading, malicious, or discriminatory;
- Do anything that could disable, overburden, or impair the proper working or appearance of Avaamo, such as a denial of service attack or interference with page rendering or other Avaamo functionality;
- Use the Application to reproduce copyrighted materials;
- Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;
- Make the Application available over a network where it could be used by others;
- Provide your Account Information, including your password, to any other person;
- Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Application or any portion of them, except as expressly allowed under applicable law;
- Circumvent any technology used by Avaamo or its licensors to protect communications via the Application;
- Rent, lease or sublicense any of the Application;
- Use the Application in any way that violates the terms of this Agreement or other Avaamo policies; or
- Encourage or enable any other individual to do any of the foregoing.
Your content is fully owned by you and your licensors.
As between you and Avaamo, you acknowledge that Avaamo owns or has a license to all title and copyrights in and to the Application. All title and intellectual property rights in and to the licensed content in the Application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
8.2 Avaamo Trademarks and Third-Party Trademarks.
The following are registered trademarks or trademarks of Avaamo: Avaamo, and its design logo, as well as certain other Avaamo trademarks, service marks, graphics, and logos (collectively, the “Avaamo Trademarks”) used in connection with the Application. The Application may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Trademarks or the trademarks of any third party.
The Application may use technology to protect the digital information shared through the Application from unauthorized use for several features, including, but not limited to, the Secret Chat function. Your use of the Application may be limited by such technology. Further, you acknowledge that such security features may not be impermeable. You acknowledge that, from time to time, Avaamo may modify or discontinue using such technology. Security modifications made by Avaamo may from time to time include required updates to the Application. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
10. Avaamo cares about your privacy.
12. Links to Third Party Websites and Services.
The Application, and communications sent through the Application, may contain links to or information regarding third-party websites or resources, including, but not limited to, service providers like Dropbox. You acknowledge and agree that Avaamo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
You acknowledge that you are subject to the terms and conditions of such Third Party resources when you use their services enabled or accessible through the Application. Further, links to such websites or resources do not imply any endorsement by Avaamo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your dealings with, or participation in promotions of any third-party advertisers via the Application are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Avaamo is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Application.
13. Accessing and Downloading the Application from the App Store.
While the Application can be downloaded from several platforms, the following terms apply to those users who have downloaded the application from the Apple App Store (“App Store Sourced Application”):
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Avaamo and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Avaamo.
- You and Avaamo acknowledge that, as between Avaamo and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
14. Special Notice for International Use; Export Controls.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
15. General Practices Regarding Use and Storage.
You acknowledge that Avaamo may establish general practices and usage limits on the Application. This may include the length of time we store your data as well as your maximum allotted free data exchange. You agree that Avaamo is not responsible or liable for the deletion or failure to store any data or other content maintained by the Application. You further acknowledge that we may change these general practices and limits at any time without notice.
EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:
THE APPLICATION (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS ARE LICENSED
TO YOU “AS IS.” ANY USE OF THE APPLICATION WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAAMO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AVAAMO MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE APPLICATION WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND AVAAMO DISCLAIMS ANY LIABILITY RELATING THERETO.
AVAAMO MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE APPLICATION WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, AVAAMO MAY MODIFY, SUSPEND, OR DISCONTINUE THE APPLICATION (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER AVAAMO ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE APPLICATION, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. AVAAMO DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SOME OF THE CONTENT, PRODUCTS, AND APPLICATION AVAILABLE THROUGH THE APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT AVAAMO ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR APPLICATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AVAAMO OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Avaamo is not responsible for any incorrect or inaccurate content exchanged through the Application. Avaamo is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any application or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Application. Under no circumstances shall Avaamo be responsible for any loss or damage, including personal injury or death, resulting from use of the Application or from any content therein, whether online or offline.
17. Limitation of Liability.
YOU WILL INDEMNIFY AND HOLD AVAAMO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE APPLICATION.
19. Notice for California Members.
Under California Civil Code Section 1789.3, users of the Application from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Application of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20.1 Entire Agreement.
20.4 Controlling Law and Jurisdiction.
This Agreement will be governed by the laws of the State of California, without regard to conflicts of laws provisions thereof. Except as expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with Avaamo or relating in any way to your use of the Application will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Santa Clara, California.
21. Contacting Avaamo.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.