Terms of Service

Overview. This license (the “License”) governs your use of this mobile application (the “Licensed Application”) and related service provided by the Licensor (the “Service”) (the Licensed Application and Service are referred to collectively as the “App”). If you downloaded the Licensed Application from a U.S. App Store, “Licensor” means Pinger, Inc.; if you downloaded the Licensed Application from a different App Sore, “Licensor” means Pinger International Limited. Licensor provides other applications and services that you can use if you like, but if you use those other applications and services, you agree to other terms.

Note to Parents.  PARENTS AND GUARDIANS SHOULD MONITOR USE OF THE APP BY MINORS. YOU ACKNOWLEDGE THAT LICENSOR DOES NOT SCREEN USERS OF THE APP, NOR DOES IT CONDUCT ANY CRIMINAL BACKGROUND CHECKS ON USERS OF THE APP. LICENSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF APP USERS. PARENTS OR LEGAL GUARDIANS ARE SOLEY RESPONSIBLE FOR USE OF THE APP BY MINORS.

The App is Not for Children under 13.  The App and Licensor’s websites are not intended for children under the age of 13, so children under the age of 13 should not use them at any time.  If you are between the ages of 13 and 17, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand it. You and your parent or guardian represent that each has reviewed and agreed to this License.  Licensor does not knowingly collect any information from children under the age of 13.  In the event that licensor learns that it has inadvertently gathered personal information from children under the age of 13, licensor will take reasonable measures to promptly delete such information.

Applicability.  This License incorporates by reference the terms applicable to apps (“App Store Terms”) made available by the particular app store from which you downloaded the Licensed Application (“App Store”).  If Licensor is Pinger, Inc., this License also incorporates by reference the Privacy Policy located athttp://www.pinger.com/content/company/privacy_policy.html; if Licensor is Pinger International Limited, this License also incorporates by reference the Privacy Policy located athttp://www.pinger.com/content/ir/privacy_policy_ir.html. The terms of this License control in the event of any conflict with the Privacy Policy or the App Store Terms.  Licensor reserves the right to change, modify or update this License at any time by posting revised versions at http://www.pinger.com (“Pinger Site”) and you agree that posting of such updates constitutes sufficient notice to you regarding such updates.  Your continued use of App and/or Service following posting of updates on the Pinger Site constitutes your acceptance of the same.

License. Subject to the terms of this License, Licensor grants to you a royalty-free, non-exclusive, non-transferable license to: (i) use the App for your personal use only and only on the device on to which it is downloaded; and (ii) use communications features of the App to communicate with other App users. You agree that you shall not make or permit the making of any modifications, additions or enhancements to the App, or cause or permit the disassembly, decompilation or reverse engineering of the App except and only to the extent allowed by applicable law.

Ownership. Licensor and its providers retain all right, title and interest, including all intellectual property rights embodied in the App.

Data Collected.  After installation Licensor establishes an account for you and collects data about your use of the App and data that you provide when using the App.  The App collects Personal Data, Login Information, Third Party Service Information, and Anonymous Data (defined in this paragraph and the following paragraph).  “Personal Data” is data that that identifies you personally that includes: name, address, email address, and may include phone numbers of recipients of your messages. Personal Data is used only to identify you with your account in order to provide the Service.  You may have Licensor remove your Personal Data from its systems by terminating your account as provided below.  The Licensed Application also collects third party service login information (“Login Information”). Login Information is tokenized and remains on the Licensed Application and is not passed to or stored on Licensor’s servers.  Tokenized Login Information enables association of your App usage with your third party service.  The App also collects profile information, including photos and videos, location (for the ChatMeUp App), and friends lists (for the Tappit App) that you may elect to use through the App at your direction (“Third Party Service Information”).  Login Information and Third Party Service Information is used only to enable your use of the App and you hereby consent to Licensor’s use of such Login Information and Third Party Service Information to enable your use of the App.  You represent that you have the right to grant to Licensor the rights to use Personal Information, Login Information and Third Party Service Information to enable your use of the App. Anonymous Data collection and use is discussed below.  You acknowledge and agree that you may be identified as an App user to other users of the App and consent to allow Licensor to identify you as an App user to other App users.

Advertising.  Your use of the App is supported by advertising without which Licensor would not be able to provide the App to you.  Accordingly, you acknowledge and accept that the App displays advertising and promotions.  Some anonymous data collected in the App is used for advertising purposes.  That anonymous data does NOT include data that can identify you personally, but does include the following (“Anonymous Data”): age, gender, the number of messages you send and receive, date and time messages are sent and received, location data, message data and traffic information, device type and operating system, carrier identity, and device identifiers such as UDID, Ethernet MAC address and/or advertising identifier.  Anonymous Data is used by Licensor and shared with third parties to deliver advertising within the App and to provide, improve, monitor, and update App and other current and future Licensor applications. For Apps downloaded from U.S. App Stores for use in the U.S., you acknowledge and agree that you are a U.S. resident, that your use of the Apps will be entirely within the U.S., and you expressly agree that Licensor and its service providers may digitally scan content transmitted through the App in order to provide such advertising to you.  Advertising may be targeted based on Anonymous Data and other information Licensor or its service providers may have about you. Advertising service providers may also use Anonymous Data to target advertisements to you through third party applications and websites. By using Apps, you are providing your consent for use of Anonymous Data by Licensor and its service providers as described in this document and you hereby authorize and grant to Licensor a license to use, copy, and transmit Anonymous Data for any purpose and to sublicense, sell, lease and/or transfer the foregoing rights to any third party, subject to limitations of applicable law. You may be able to opt out of receiving targeted advertisements from third parties.  For example, in some iOS devices (with iOS 6 or later), the advertising identifier may be disabled at your discretion.  Further, some advertising service providers enable you to opt out of targeted advertising through mechanisms available to you through advertisements or on their websites.  Licensor does not provide separate opt out mechanisms.  You are solely responsible for exercising any opt out mechanisms made available by third parties.

Requirements & Limitations.  A data connection is required to use the App. You are solely responsible for any fees and costs associated with that data connection, such as wireless data charges.  You hereby authorize and grant to Licensor a license to use, copy, transmit, distribute, store and cache messages and other content sent and received through your account with the App, to sublicense those rights to its third party providers only for so long as necessary to provide the Service to you, and to disclose the same as required or permitted under applicable law. You acknowledge and agree that certain features are may be limited, suspended, blocked or restricted by geography, duration or other criteria at any time and without liability to you.  You acknowledge and agree that: (i) you will use the App only for yourself, with your true identity, and for lawful purposes and in compliance with applicable law; and (ii) you will not engage in any activity that interferes with or disrupts the App. You agree that you will not create or transmit any content or communications using the App that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that constitute spam or that may violate or infringe the rights or privacy of third parties, as determined by Licensor in its sole discretion.

Additional Terms:

ConsentsIN ADDITION TO THE CONSENTS ABOVE, YOU AGREE AND CONSENT TO THE FOLLOWING (THE “CONSENTS”):  (I) LICENSOR MAY SEND, AND THE APP MAY INCLUDE, SERVICE ANNOUNCEMENTS, ADVERTISING, AND ADMINISTRATIVE MESSAGES TO YOU THROUGH THE APP AND YOU WILL NOT BE ABLE TO OPT OUT OF RECEIVING THEM EXCEPT IN THE EVENT YOU TERMINATE YOUR RIGHTS AS PROVIDED BELOW; (II) ANONYMOUS DATA MAY BE USED AND SHARED WITH THIRD PARTIES TO PROVIDE, IMPROVE, MONITOR, AND UPDATE THE APP AND TO PRESENT ADVERTISEMENTS TO YOU; (III) LICENSOR MAY INDENTIFY YOU AS AN APP USER TO OTHERS WHO ARE APP USERS (IV) LICENSOR MAY TRANSFER YOUR PERSONAL DATA WITHIN AND WITHOUT THE EUROPEAN UNION, INCLUDING BUT NOT LIMITED TO THE UNITED STATES OF AMERICA; AND (V) LICENSOR MAY PROCESS AND STORE YOUR PERSONAL DATA IN ANY COUNTRY OF THE WORLD. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS TO GRANT ALL CONSENTS HEREIN AND THAT LICENSOR’S EXERCISE OF THE RIGHTS GRANTED BY YOU WILL NOT VIOLATE APPLICABLE LAW OR INFRINGE OR VIOLATE THE RIGHTS OF ANY PARTY.

Term and Termination. This License is effective until terminated by you or Licensor.  Licensor may terminate the License and/or disable use of the App at any time, for any reason, and without any liability to you. You may terminate the License at any time, for any reason, by contacting support@pinger.com and stating that you are terminating your use of App.  Except for rights of Licensor which survive expiration or termination, upon termination your Account will be terminated by the next business day (Monday through Friday, excluding US federal and California state holidays) and the licenses granted to you shall cease, your Personal Data will be deleted unless otherwise required by applicable law, and you shall promptly uninstall the Apps. The protections afforded to Licensor under the App Store Terms, sections in the License entitled “Ownership” and “Data,” and all of the Additional Terms shall survive termination or expiration.

No Warranties.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF APPS AND SERVICES IS AT YOUR SOLE RISK AND THAT APP AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.  LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER LICENSOR, INBOUND PROVIDER NOR OUTBOUND PROVIDER REPRESENTS OR WARRANTS THAT YOUR USE OF APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIME, SECURE, OR FREE FROM ERROR. IF YOU ARE DISSATISFIED WITH ANY APP OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE APPS AND SERVICES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER OR THIRD PARTY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability. YOU AGREE THAT LICENSOR WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR THE ACTIONS OF THIRD PARTIES IN CONNECTION WITH THE SERVICE.  IN NO EVENT WILL LICENSOR AND ITS SUPPLIERS AND RESELLERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO USE OF THE APP, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF TEN DOLLARS (U.S. $10.00).  NOTHING HEREIN SHALL EXCLUDE OR LIMIT LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Indemnification and Waiver. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF EXPERTS, RESULTING FROM (I) ANY VIOLATION OR BREACH OF THIS LICENSE BY YOU, (II) ANY ACTIVITY RELATED TO YOUR ACCESS TO OR USE OF THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), OR (III) THE AUTHORIZED USE AND PROCESSING OF DATA PROVIDED BY YOU OR OBTAINED FROM THIRD PARTY SERVICES AT YOUR DIRECTION OR WITH YOUR CONSENT.

Governing Law; Venue.  This License shall be governed by the laws of the United States and the State of California, without reference to conflict of laws principles.  Any dispute between the parties regarding this License will be subject to the exclusive venue of the state and federal courts in the state of California of the United States of America in San Francisco, San Mateo and Santa Clara counties.  The parties hereby consent to the exclusive jurisdiction and venue of such courts.  If you download an App for use in the United States, (i) any dispute between you and Licensor, specifically excluding actions by Licensor to enforce and protect its rights in the App, shall be resolved through binding arbitration conducted through the American Arbitration Association in San Francisco, California; (ii) you and Licensor, Inbound Provider and Outbound Provider agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding; (iii) unless both you and Licensor agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding; and (iv) you acknowledge and agree that you are waiving a right to litigate applicable disputes in court before a judge or jury.  You agree the United Nations Convention on Contracts for the International Sale of Goods (1980) terms are hereby excluded in its entirety from application to the License, Inbound Terms and Outbound Terms.

Severability; No Waiver.  If any provision is deemed invalid or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect its intent, and the remaining provisions shall continue in full force and effect.  The failure by either you or by Licensor to exercise or enforce any rights or provisions herein shall not constitute a waiver of such right or provision.

Use of Electronic Communications.  You agree to the use of electronic communication to enter into agreements, contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Licensor.

Entire Agreement.  The foregoing sets forth the entire understanding and complete and exclusive statement of the agreements between you and Licensor and supersedes any proposal or prior agreements or understandings between you and Licensor with respect thereto.

General.  No rights granted to you may be assigned by you in whole or in part without the prior written approval of Licensor. Any assignment in violation of the foregoing shall be null and void.  Licensor shall not be liable for any delay in the performance hereunder due to causes beyond its or their direct control, including but not limited to actions by third parties, an act of God, war or natural disaster. You have no third party beneficiaries. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of this License must be filed within one (1) year after such claim or cause of action arose or be forever barred.

© 2014 Pinger, Inc. All rights reserved

Last updated 2/5/14