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Terms & Conditions

5 September 2019

Welcome, and thank you for your interest in our mobile application The Social App (the “App”), our website www.thesocialapp.net (the “Website” or “Site”) and any other platform that we may provide to you now or in the future, together hereafter referred to in these Terms of Service as “The Social App”, “us”, “our” or “we”. The Social App is owned and operated by Social, Inc, and for the purposes of this Agreement and our Privacy Policy any use of the terms “The Social App”, “us”, “our” or “we” includes Social, Inc, without limitation. Unless otherwise specified, all references to our services (the “Service” or “Services”) include the content, services, and technology available through The Social App or Website, as well as any software that The Social App provides to you that allows you to access the Services. The term “user”, “you” or “your” refers to the user of the Service, including visitors that do not register for an account. The following Terms of Service, our Privacy Policy terms, our Community Guidelines, and any other policies that we implement now or in the future, are included herein by reference, and are a legally binding contract between you and The Social App regarding your use of the Service.

Please read the following Terms of Service (“Terms” or “Agreement”) carefully before accessing or using any of the Services. Each time you access or use our Services, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms of Service, our Privacy Policy, our Community Guidelines, and any other policies that we implement now or in the future, whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use our Service. The Social App may change this Agreement at any time by posting an updated Terms of Service in the App, on this Website or on any other platform that we may provide to you now or in the future. If any amendment to these Terms of Service, our Privacy Policy, our Community Guidelines, and any other policies that we implement now or in the future is unacceptable to you, you shall cease using our Services. If you continue using our Services, you will be constructively deemed to have accepted the changes to the amended terms.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM OR APP IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Our Service

The Social App is a secure, private, messaging application and platform that provides advanced security and a variety of highly effective encryption technologies, features, and Services to enable users to private message their friends, business associates, colleagues and family members through direct one-on-one messages and in group messages. Using our patent pending “Ninja Mode” technology, our application includes the ability to open a secure encrypted messaging thread and allow users to have private, secure, conversations. Once the users deactivate the conversation, the thread will delete itself and black line redactions will appear in the primary message thread. Upon disabling Ninja Mode, all copies of conversations sent in Ninja Mode encryption will be deleted from the users devices and The Social App servers. Users will also be able to join communities that are controlled by The Social App and managed either by the Community administrator or us.

The Social App will only collect data that we need to operate our Services and provide our users with a private, secure, safe, smooth and efficient messaging experience; and we will never sell, rent, barter or monetize your personal information.

The Social App does not use your data for ad targeting or other commercial purposes, and we do not host advertising in our App.The Services available in our App and on our Website are for personal use only. You may not sell or resell any of the Services you receive from us.

Any modifications and new features added to the Service are also subject to this Agreement.
The Social App reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to The Social App.

Eligibility for Our Service

By using our Services, you represent and warrant that you have attained the age of majority where you reside (i.e. the age of consent in your country or 18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms on your behalf. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. We must not have previously disabled your account for violation of our policies or any law, and you must not be prohibited from receiving any aspect of our Service under applicable laws or a legal judgment

Accounts and Registration

To access some features of the Service, you may be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your name, e-mail address, phone number, company name, personal profile or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all “Your Information”).

f you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.

We reserve the right to change your selected username or similar identifier for your account if we believe it is appropriate or necessary, i.e. if it impersonates another user or infringes on a third party’s intellectual property rights.

Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy which you may access here

Account Management

If you have been issued an account by The Social App in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties in your organization to access your account. You, and not The Social App, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify The Social App immediately.

The Social App may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable and your contact details associated with your account current and accurate.We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.

You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.

Subscription Plan and Terms

The Social App offers an automatically renewable and payable monthly Subscription Plan for our users. By completing your registration for a Subscription Plan, you authorize The Social App or its third party payment processor to charge your payment method on a recurring basis for: (a) the applicable subscription plan charges; (b) any and all applicable taxes; and (c) any other charges incurred in connection with your use of The Social App services. The authorization continues through the subscription term and any renewal term until the subscriber cancels the Subscription Plan.

The Monthly Subscription Plan terms are as follows:

  1. By purchasing a Monthly Subscription, you expressly acknowledge and agree that (a) your subscription has an initial and recurring payment feature, and The Social App (or our third party payment processor) is authorized to automatically charge your payment method monthly at the then-current subscription rate for your subscription as long as your subscription continues, and (b) your subscription is continuous and will be automatically extended for successive monthly periods until you cancel it.
  2. You may cancel your Monthly Subscription at any time, by logging into your account or emailing us at support@thesocialapp.net and following the instructions, if any, we provide you in response to your cancellation request. If you cancel, you will not be entitled to a refund for your last payment and you may use your subscription until the end of your then-current paid-up subscription term. The Social App may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before The Social App reasonably could act.
  3. n the event you cancel your Monthly subscription, please note that we may still send you promotional communications about The Social App, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Trial Subscription

The Social App may offer you a free trial subscription period. You may cancel your free trial at any time during the trial period. If you fail to cancel your free trial you agree that The Social App may automatically charge your selected method of payment for a Monthly Subscription under the terms set forth in the section of these terms entitled “Subscription Plan and Terms”.

Prices

  1. All prices displayed in our Services are in U.S. dollars unless otherwise indicated.
  2. All applicable taxes and other charges are additional and your responsibility.
  3. We reserve the right in our sole discretion to change prices at any time and without notice.

Payment

For Subscription purchase other than via a Third Party App Store account, you agree that by providing The Social App with your method of payment information, you authorize us to charge you for the subscription purchase using the secure third party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.

You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account and subscription. Your notice to us will not affect charges to your account before we reasonably could act on your request.

You agree that we may charge you, and you will pay to The Social App, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor

Suspension and Termination of Services

The Social App may limit or suspend or terminate the Services to you if you fail to comply with these Terms, the Privacy Policy, our Communitity Guidelines, any other policy we implement now or in the future, or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.

The Social App may also suspend providing the Services to you if we are investigating suspected misconduct by you. The Social App will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Users who have been terminated or suspended will not be eligible for a refund of any kind for the termination or the period of suspension.

Your Access and Use of our Services

Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.

The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.Our Services may now, or in the future, have “publicly accessible areas” that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that The Social App shall not, under any circumstances, be liable in any way for any User Content.

Privacy and Your Personal Information

For information about The Social App data protection practices and privacy policies, please read our Privacy Policy where you accessed these Terms of Service or here https://thesocialapp.net/privacy-policy/. This policy explains how we treat your personal information, and protect your privacy when you use the Services. You herby agree to the use of your data in accordance with The Social App Privacy Policy.

Copyright and Intellectual Property Policy

We respect the intellectual property rights of others as protected by copyright laws, international treaty provisions, trademarks, service marks, and other international intellectual property laws and treaties. It is our policy to respond to clear notices of alleged copyright or other intellectual property right infringement claims. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We have adopted and provide this policy and procedure in accordance with, and pursuant to, Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).

A valid complaint under the DMCA must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work that you claim has been infringed.
  3. Identification of the material that is claimed to be infringing and where it is located on the Service.
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Disclaimers; No Warranties

ALL SERVICES AVAILABLE FROM THE SOCIAL APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOCIAL APP AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “THE SOCIAL APP PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.THE SOCIAL APP HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE AND DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMFUL NATURE OF ANY CONTENT APPEARING ON OUR SERVICE THAT IS NOT PRODUCED BY THE SOCIAL APP. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES AND INFORMATION ON THIS WEBSITE OR IN THE APP, INCLUDING THE DESCRIPTIONS OF ANY SERVICES LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER, WE HAVE NO OBLIGATION TO DO SO.

If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support@thesocialapp.net.

Our Address:

Social, Inc ℅ GTOWN/Social Washington DC 2005

Last updated: August 1, 2019

 


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