SessMe – End User License Agreement

Last revised: November 15, 2015

Introduction

This is an End User License Agreement (the "Agreement") between SessMe ("SessMe", the "Company", "we", "us" or "our") as the owner of a multi-platform social messaging application, SessMe, and you ("you", "user" or "users"). This Agreement governs your use of and/or access to our multi-platform messaging application and our website, available at: www.sessme.com (collectively, the "Service").

By installing, accessing or otherwise using the Service you acknowledge and warrant that you hereby consent to be bound by the terms of this Agreement, and to the terms of the Privacy Policy), which is incorporated herein by reference. If you do not agree to any of the terms of this Agreement or of the Privacy Policy, you may not access or use the Service or any part thereof. If certain features of our Service are subject to additional terms, provisions or guidelines, they are incorporated herein by reference.

In order to access and use the features of the Service, you acknowledge and agree that you will have to provide certain information (e.g. your mobile phone number), as stipulated in the Privacy Policy. When providing such information, you must provide accurate and complete information.

You hereby agree that in order to use the Service we will collect your phone number in order to authenticate your identity – upon your registration, we will send you a SMS in order to confirm you are the holder of the number you provided, in order to activate your account.

Short Code Terms

When you opt-in to the Service, we will send you an SMS message to confirm your signup.

You can cancel the SMS service at any time. Just text "STOP" to 71210 or 76884. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text "HELP" to 71210 or 76884. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

T-Mobile is not liable for delayed or undelivered messages.

We are able to deliver messages to the following mobile phone carriers:

Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Metro PCS, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 1 msg/req. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@sessme.com.

If you have any questions regarding privacy, please read our privacy policy: http://static.sessme.com/privacy.html.

Grant of license

Subject to your full compliance with all of the terms of this Agreement and the Privacy Policy, we hereby grant you a limited, for personal use, non-commercial, non-exclusive, revocable, non-sub-licensable, non-transferable, non-assignable, free of charge, license to install, access and use the Service on a device you own or control, for the sole purpose of your personal use of the Service in connection with terms provided herein.

We are entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Service or any part thereof, without any notice to you for the purpose of repairing, improving, or upgrading the Service or for any of the reasons for termination or suspension as mentioned below.

Eligibility

You may not access or use the Service if you are under thirteen (13) years of age or if you are legally unable (under the applicable laws and regulations) to enter into this Agreement. By accessing or using the Service you represent that you have reached the age of 13 years. We reserve the right at any time to terminate your use or access to the Service if we are aware that you have not reached the age of 13 years.

User Submissions

The Company will allow you to submit and upload information into the Service directly, either as your account information (e.g. name, phone number, username, etc.), or for the purpose of communicating with our user community (collectively "User Submissions").

Your User Submissions will be accessible to other users in our community. You are solely responsible for your User Submissions. You warrant that you own all the rights, licenses, consents, permissions, titles and interests required for you to use your User Submissions in the manner contemplated herein.

You hereby grant SessMe a worldwide, non-revocable, royalty-free, sub-licensable and transferable license to use your User Submissions in connection with the Services including, without limitation, for promoting and redistributing our Service or any portion thereof, including without limitation to reproduce, distribute, modify, adapt, make derivatives of it and use it in order to promote the Company's business in any way, and without the need for any further compensation, approval or consent, pursuant to the terms contained in our Privacy Policy.

The foregoing license granted by you terminates once you remove or delete a User Submissions. However, please note that this license to your User Submissions continues even if you stop using the Service, primarily because of the social nature of content shared through the Service - when you choose to send something in a non-private chat, others may choose to forward it, making your content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.

You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all content you transfer to us.

As a subscriber of the Service, SessMe grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, and redistribute content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Service, and pursuant to any applicable law or regulation and without infringing the rights of others. This means, for example, that we license content to you for the purposes of forwarding.

Limitation on use

You hereby warrant that you have all necessary and sufficient rights to share any information in the User Submissions with the Service and other users of its community.

 

You hereby warrant that you will not:

Proprietary rights

The Company retains all rights, titles and ownerships in and of the Service or any part thereof, including without limitation, the design and layout of the Service, all contents of the Service (excluding User Submissions), copyrights, patents, trademarks, service marks and logos, and database(s), registered or not (the "Materials"), except as expressly excluded in this Agreement. You may not use, sell, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company's prior explicit written consent. You are granted only a limited and revocable right to use the Service, subject to the terms of this Agreement, and for personal use only, and under no circumstances have you acquired any right, interest or title to any part of the Materials.

Privacy Policy

To demonstrate our commitment to your privacy, we designed our Privacy Policy to make important disclosures about our practices concerning how we collect, use, and share your information.  We encourage you to read our Privacy Policy before accessing or using our Service.

Disclaimer

You hereby expressly agree, to the fullest extent not prohibited by the applicable law, that:

  1. The Service is provided to you "AS IS", and that your use of the Service or of any information provided or otherwise disseminated in connection with the Service is at your sole risk.
  2. The Company makes no warranty or representations, whether express or implied in connection with the Service and your use of the Service or any information provided or otherwise disseminated in connection with the Service (including User Submissions), and shall not be held liable or responsible, with respect to the Service and its quality, fitness for any particular purpose and promises of specific results, lack of accuracy, availability in any location, correctness, performance, merchantability, completeness, continuity, reliability, error or malware free, network-related problems, non-infringement of third party rights, and security of the Service, its content or any part thereof. You will be solely responsible for your use of the Service and any damages to your devices, including without limitation loss or exposure of data, and you will be solely responsible for compliance with any applicable laws or regulations.
  3. The Company does not warrant, endorse, monitor, or guarantee any User Submission or any third party, including, without limitation, advertisers, other users of the Service, and parties who offer services through the Service.
  4. You hereby acknowledge that we only act as a repository of data; accordingly, the Company does not warrant, guarantee, or endorse and will not be liable to any damage or claim for any User Submissions, including without limitation, its accuracy, spam, engagement with commercial activity, or any attempts to defraud or manipulate other users with deceptive means or misrepresentation.
  5. Where applicable, Apple has no warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be subject to the terms of this Agreement.

Indemnification

You agree to indemnify, defend, and hold the Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including, without limitation, attorneys’ fees, arising out of or related in any manner to your use or misuse of the Service, including without limitation your access to or use of the Service, any breach or alleged violation of the rights of any other person or entity by you, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right and any breach or alleged violation by you of this Agreement.

Limitation on liability

You hereby expressly agree, that to the fullest extent not prohibited by the applicable law, that the Company shall not be liable, in any event, for:

  1. Any direct, indirect, special, incidental, consequential or exemplary damages, under any theory of liability, including but not limited to contract, tort (including negligence), damages for loss of data, profits and goodwill, arising out of the use, misuse or inability to use the Service, or by any form of malware, whether or not the Company was or should have been aware or advised of the possibility of such damages;
  2. Any information stored, processed or transmitted via the Service, including User Submissions;
  3. The validity, correctness or accurateness of any content disseminated, provided or otherwise delivered in connection with your use of the Service.

You hereby acknowledge and warrant that your use of any information obtained in connection with your use of the Service is at your sole discretion and risk. Your sole and exclusive remedy with respect to any problems or dissatisfaction with the Service is to delete your account, uninstall the application, and cease your use of the Service.

You must notify us immediately of any breach of security or unauthorized use of your mobile phone. We will not be liable for your losses caused by any unauthorized use of your account.

Please be advised that despite its great efforts, the Company cannot guarantee that its Service will not be abused; we urge you to be cautious whenever you are asked to provide personal or sensitive information to strangers.

Third Party Services

This Agreement applies only to your use of the Service. The Company has not reviewed, has no control over, nor does it endorse, screen, promote or otherwise assume any responsibility for the content of third party websites or applications ("Third Party Services"), or to the information, advertisements, services, practices or other material contained on, or accessible through Third Party Services, including without limitation third party websites to which hyperlinks are contained in the Service or have accounts with the Service. 

By using the Service you hereby agree that the Company shall not be responsible for any damage, claim or liability in connection with your use of any third party sites, including without limitation third party sites to which you have arrived via the Service or have directly received messages from or received messages forwarded from. Accordingly, we strongly encourage you to become familiar with the terms of use, privacy policies and practices of any such Third Party Service. The use of Third Party Services is at your sole risk.

Third Party Software

Portions of the Service may include software that we license from third parties, which may include open source software or related components ("Third Party Software"). Third Party Software is subject to the terms and conditions imposed by the licensors of that Third Party Software. We do not make any warranty with respect to Third Party Software. For further information about Third Party Software, please visit here http://static.sessme.com/licenses.html . You agree that your use of the Service is subject to the applicable Third Party Software referred to therein. Please note this list may be updated from time to time.

Governing law and arbitration agreement

This Agreement is governed by and construed in accordance with the laws of Israel without giving effect to any principles of conflicts of law.

You hereby agree that all disputes between you and the Company (whether or not such dispute involves a third party) arising out of or in connection with your relationship with the Company, including without limitation disputes related to the terms of this Agreement or the Privacy Policy, your use of the Service, and/or rights of privacy and/or publicity, will be finally settled by binding, individual arbitration under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with said Rules. The Emergency Arbitrator Provisions shall not apply. The place of arbitration shall be Israel and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this end user license agreement.

You may opt out of this Arbitration Agreement. To opt out, you must notify the Company in writing within thirty (30) days of the date that you first become subject to this Agreement. You must email us at admin@sessme.com with the subject line: "Arbitration Opt Out" and include in the body of your e-mail your name, residence address, email address, telephone number, and a clear statement that you want to opt out of this Arbitration Agreement.

If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding, however, both you and the Company hereby expressly waive trial by jury. If permissible under such court’s rules, you may bring your claim in the applicable courts in Israel. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You hereby agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account in the Service, if the Company is a party to the proceeding.

You hereby agree that any claim you may have arising out of or related to your relationship with the Company must be filed within one (1) year after from the arising incident; otherwise, your claim shall be permanently barred.

Notice and Takedown

If you believe that anyone is abusing, or attempting to abuse the Service, or breaching any of the terms in this Agreement or in the Privacy Policy, please report this to us at: admin@sessme.com.

The Company does not allow using the Service or any of its features for intellectual property infringement. 
If you encounter what you believe to be a violation of your intellectual property rights in the Service, please notify us via e-mail at: admin@sessme.com.

Such notice ("Takedown Notice") must include your full name, contact details (address and phone number), a reasonably detailed description of the alleged infringement and adequate evidence of your right in the relevant intellectual property (for example, trademark registrar certificate of a signed affidavit).

Once an adequate Takedown Notice is sent, the Company will either remove the alleged infringement, if feasible, or put you in contact with the person responsible for it. 

If you receive notification from the Company stating that a Takedown Notice was received regarding content or activity for which you are responsible, you may contend the Takedown Notice within seven days, in which case only will your contact details be given to the Notice's sender.

If you repeatedly infringe third parties' intellectual property, and at least more than twice (2), your access to the Service may be restricted or blocked at the Company's sole discretion and you may be subject to legal repercussions. 

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party’s copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Service who are deemed to be repeat infringers of a third party’s copyrighted work.

If you believe that anything on the Service infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent:

Attn: Copyright Agent

Lazarov 33 St., Rishon Lezion, Israel 7565435

admin@sessme.com
Fax: 03-7503040

 

Assign rights, severability and waiver

The Company may assign its rights according to this Agreement to any third party at its sole discretion. You may not assign or delegate your rights according to this Agreement, without the Company's prior written consent.

If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.

Failure to assert, at any time, any right, or require performance in regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company's rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Apple (additional provisions)

Where the Service was downloaded via Apple marketplace, the user warrants that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Further, the user acknowledges and consents that Apple and Apple’s subsidiaries are third-party beneficiaries of the Agreement, and Apple has the right, upon your consent to the terms of this Agreement, to enforce the Agreement against you as a third party beneficiary thereto. The user also warrants that he/she is 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 that he/she is not listed on any U.S. Government list of prohibited or restricted parties.

Entire agreement

The terms of this Agreement and Privacy Policy and any supplemental or incorporated documents or policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Agreement is concluded between you and the Company only, and not with any other party.

Termination

The Company reserves the right (but has no obligation), at its sole discretion and without prior notice to:

  1. Terminate your account or your access to the Service, for any reason, or when it has determined that you have breached any of the terms of this Agreement or of the Privacy Policy. 
  2. Monitor or review any content submitted by you in connection with the Service, reject any content submitted or remove any content from the Service, or refuse your requests in connection with the Service.

You may rectify or remove any personal information related to you from the Service at any time, by contacting us at:  admin@sessme.com. You may terminate your account at our Service at any time by deleting your account, uninstalling the Service, and ceasing to use the Service.

The following provisions shall survive termination: Limitation on use, Proprietary rights, Privacy Policy, Limitation on warranties, Indemnification, Limitation on liability, Termination, Governing law and arbitration agreement, Assign rights, severability and waiver.

Amendments to the Agreement

The Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the "Last modified by" heading above. In the event of a material change to this agreement, the user may be notified within the application.