Ayoba User Terms and Conditions
Version 2, December 2019
Please read the terms and conditions below carefully before you start to use the Ayoba App. If you do not agree to any of the terms below, you must not use the Ayoba App and, if you have already installed it, you must immediately uninstall it. If you use the Ayoba App, this will be treated as confirmation that you have read and agree to be bound by all of the terms and conditions below.
Please Note: Please read clause 20 (Important Provisions) which contains important information on the various terms and conditions in these Ayoba User Terms and Conditions which may affect your risks or your rights. We have also highlighted in bold various terms and conditions to which you should pay special attention.
1. Your agreement to these Ayoba User Terms and Conditions
- We may sometimes update these App Terms. When we do this, we will post the revised App Terms on our website (http://ayoba.me/terms-conditions) and will let the Ayoba App users know (for example, by showing a message when you log in to the Ayoba App, or in another way that we decide) that the App Terms have changed. It is your responsibility to read the updated App Terms and understand the changes to them. If you disagree with anything in the updated App Terms, you must not use the Ayoba App and, if you have already installed it, you must immediately uninstall it. If you continue to use the Ayoba App following the update, we will treat this as confirmation that you have read, understood and agreed to the updated App Terms.
- We may translate these App Terms into multiple languages. If there are any differences between the English version and any other language version of these App Terms, the English version will be the controlling one (to the extent this is permitted by applicable laws and regulations).
2. Use of the Ayoba App
- The Ayoba App is an instant messaging app for supported devices that will allow you to send and receive text messages, voice messages, videos, images, audio and other files with your contacts, as described in more detail below.
- The Ayoba App can be used on a mobile device running certain versions of the Android operating system, from which you can access the internet. We may also issue a version of the Ayoba App that can be used on certain versions of iOS and/or other operating systems.
- The Ayoba App requires an internet connection. You are responsible for paying any charges to your service provider and/or any other third party that may be applicable to your use of data, voice and/or text services when using the Ayoba App. If your service provider has entered into an agreement with Ayoba, your use of the Ayoba App, or portions of the Ayoba App, may be zero-rated.
- You may only use the Ayoba App for your own private, non-commercial use.
- Currently, you can use the Ayoba App to communicate with your contacts, including sending text and voice messages and other content (the Ayoba App will use your address book to connect you with your contacts), sharing your location and status with your contacts, and making voice calls.
- We may update the Ayoba App and any information or material on it at any time but we give no guarantee that such updates will continue to support your mobile device. However, we will have no responsibility to provide any corrections, updates or releases in connection with the Ayoba App.
- The Ayoba App may not operate or function properly or at all if you have not installed the latest upgrade or are not using the latest version of the Ayoba App.
- We may terminate, suspend, withdraw or restrict the availability of all or any part of the Ayoba App or add, change or remove any features of the Ayoba App at any time and for any reason. You understand and agree that we may do so without telling you in advance.
- The Ayoba App is not intended for use in any country where its use would violate local law or would subject us to any regulations or liability there. We reserve the right to limit our provision of the Ayoba App in any country at any time, if we consider it appropriate in the circumstances.
- The Ayoba App does not provide access to emergency services or emergency services providers, including the police, fire departments or hospitals. You need to make sure you can contact your relevant emergency services providers through your mobile phone, a fixed-line telephone or another service.
3. Registration and Your Account
- You must register with us and create an account in order to access and use the Ayoba App.
- You may not use the Ayoba App if you are younger than 14 years of age. If you are younger than 18 years of age, your parents or another competent adult must consent to these App Terms on your behalf. You must immediately delete the Ayoba App from your device if you are younger than 14 years of age, or if you are younger than 18 years of age and your parents have not given their consent to these App Terms.
- When registering to use the Ayoba App, you must give us correct and up to date information and provide your current mobile phone number (which is also called the Mobile Station International Subscriber Directory Number, and which we will refer to as your “Mobile Number”). You must register to use the Ayoba App with one Mobile Number on one active device only. You cannot, for example, create one account to use the Ayoba App with two different Mobile Numbers. If you have a phone with two Mobile Numbers (also known as a “dual SIM” phone), you must choose to use one of the Mobile Numbers when creating your App account. Please note that it is not possible to change the Mobile Number that you have registered with us to use the Ayoba If you change your Mobile Number associated with your device, the Ayoba App will continue to function with the original account that you created. However if you lose your phone and are not able to receive an SMS on the original Mobile Number that you used to register your account, you will not be able to reconnect to that account. In these circumstances, you will need to set up a new account.
- We may send you (and you agree to receive) an SMS text message with a code to register for the Ayoba App.
- You must use the account management functionality of the Ayoba App to tell us about any change to your Mobile Number or any other relevant information in your App account. If you do not update or request to us update such information, we will not be liable for any of your or anyone else’s losses which occur as a result.
- You should not download and use the Ayoba App on a mobile device that you share with anybody else.
- You must at all times keep your mobile device safe and prevent its fraudulent use.
- You must not use the Ayoba App on any mobile device or operating system that has been modified in a way not approved by the manufacturer of the mobile device or the provider of the operating system. Such unauthorized modifications include, for example, devices that have been “jail-broken” or “rooted”.
- You are responsible for:
o keeping access to your App account and the Ayoba App on your mobile device safe and secure and making sure that it is not accessed by or accessible to others;
o all activity taking place using the Ayoba App on your mobile device or through your Ayoba App account; and
o making sure information shown or stored on your mobile device (including any Content) is kept secure.
- If your phone is lost or stolen:
o you must immediately contact your provider to lock your SIM card. Please note that while your SIM is locked, you will not be able to verify your account on the Ayoba App with that your Mobile Number and may be unable to access the Ayoba App or any Content associated with or stored in your Ayoba App account (such as, for example, chat history);
o you understand that we are unable to help you locate your phone and we do not have the ability to remotely deactivate the Ayoba App; and
o you can deactivate your account on the Ayoba App as follows:
§ use a new SIM card with the same number to activate the Ayoba App on your new phone (as the Ayoba App can only be registered with one number on one phone); and/or
§ contact us on Ayoba.me/contact-en and include the heading “Lost/Stolen phone. Please deactivate my account” and your Mobile Number in the feedback form.
- You may delete your Ayoba App account in the manner specified in clause 10. Similarly, we may suspend your access to the Ayoba App, or delete your Ayoba App account, in the manner specified in clause 10 (or as otherwise contemplated in these App Terms).
- Any information, materials, communications, correspondence and other content that is sent, uploaded, submitted or communicated via the Ayoba App by us or you or other users of the Ayoba App (collectively, the “Content“) will be encrypted end-to-end, except when the Content is sent by SMS (such as when you send messages to Users that have not installed the Ayoba App). The Content available on the public channels made available on the Ayoba App (for example, which contain locally relevant content across various categories) (the “Channels“) will not be encrypted.
- Your chat history in the Ayoba App will be stored locally on your mobile device. If you opt in to our backup service, your data will additionally be stored remotely on a “cloud” service, which may be out of the country you live in. You will need internet or data coverage and a stable data or internet connection in order for us to make the back up. We will try to automatically back up your chat history in the “cloud” daily, weekly, or monthly, depending on the option you choose, but we cannot guarantee that this will always be possible. However, we will not be liable for your or anyone’s losses resulting from a failed or missed data back-up.
- Ayoba is an inclusive, non-discriminatory, transformative, family-oriented brand and will not tolerate any Content that contravenes these principles.
- You understand and agree that:
o we will not verify or approve any Content, and we are not responsible for the suitability, accuracy, availability, correctness or completeness of any Content. We reserve the right to review and remove any Content that may be identified by us, or reported to us, as being inappropriate or abusive or in breach of these App Terms;
o the views and opinions expressed by you and/or any views or opinions expressed by other users of the Ayoba App or in any Content do not represent our views or opinions; and
o we are not responsible for, and will have no liability for, any Content which is offensive, or which violates any laws or your rights or the rights of others.
- You must at all times make sure that you have all necessary rights, licences, consents and permissions prior to sending, submitting, uploading or otherwise communicating any Content via the Ayoba App. This includes, for example, making sure you have all necessary permissions from others to grant us the rights to use and process Content you provide to us.
- You must make sure that any Content that you send, submit, upload or otherwise communicate via the Ayoba App would not in any way:
o transmit viruses, Trojan horses, malware, ransomware, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
o be unlawful, hateful, abusive, discriminatory, threatening, obscene, explicit offensive, inflammatory, libellous or defamatory; and/or
o infringe, or encourage or suggest the infringement by others of, applicable laws, regulations or rules (including, for example, the intellectual property rights of anyone).
· You must report to us any Content or behaviour that is inappropriate or abusive or which you think is not consistent with these App Terms. You can do so by contacting us on firstname.lastname@example.org. In the event that you report any Content to us (or should any other user report your Content to us), we will access and review such Content in order to investigate the complaint.
· We may investigate and/or determine that Content uploaded via the Ayoba App and/or to any Ayoba channels contravenes these App Terms.
· We may take any action that we deem necessary where we identify Content or user behaviour that contravenes these App Terms, including, for example, suspending a users’ access to the Ayoba App or deleting their account. We may also contact and report user behaviour information to law enforcement agencies in accordance with applicable laws. If a user operates a channel on which prohibited Content is made available, we may elect to disable or remove that channel, in our sole and absolute discretion. We may also elect to engage with the operator of any channels to resolve our concerns in respect of any Content available on such channels.
5. Prohibited activities
· You must not do (or try to do), and you must not encourage or help anyone else do, any of the following:
o alter, modify or adapt all or any part of the Ayoba App;
o transfer or otherwise allow any other person to access or use your account within the Ayoba App;
o use the Ayoba App in way that causes, or is likely to cause, the Ayoba App or access to the Ayoba App for anyone to be interrupted, damaged or slowed in any way;
o make the Ayoba App available to third parties;
o use the Ayoba App for commercial purposes;
o use the Ayoba App to send bulk messages;
o use the Ayoba App to send unsolicited advertising or promotional material for personal or commercial solicitation including, for example, “spam”, “junk mail”, “chain letters” or “pyramid schemes”; and
o use the Ayoba App to knowingly send, upload or otherwise communicate any Content that contains viruses, Trojan horses, ransomware, malware, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
o use the Ayoba App in any way not expressly authorised by us.
- In order to register and be able to access and use the Ayoba App, you will be asked to provide certain personal data, such as your name and your Mobile Number.
- You will provide to us (or authorize us to get) phone numbers and contact details of other App users or other contact numbers and information from in your contacts or address book on your mobile device. We will only get, use and process such phone numbers, contact details and other information to make the Ayoba App and all of its functionality available to you and only to the extent that this will not put us in violation of any applicable laws or regulations. Where you wish to access, use, upload or send photos, videos or other files on your phone through the Ayoba App, we will need to access these photos, videos and other files to enable you to use this functionality in the Ayoba App. We will request your permission to do this.
7. Advertising content on the Ayoba App
- Your mobile network operator may charge you for standard call and text and/or mobile data charges when accessing and using the Ayoba App and these charges may vary if you access the Ayoba App when abroad. You are responsible for these charges and any other fees (including but not limited to any carrier and roaming fees) or taxes in connection with your use of the Ayoba App.
- If you send a message via the Ayoba App to a contact who has not installed the Ayoba App, the message will be delivered to your contact as an SMS and may be charged as a standard SMS by your mobile network operator.
- If you send Content including images, videos or links via the Ayoba App to contacts who have not installed the Ayoba App, these contacts will receive an SMS notification which will include a link to view the Content. They may however incur mobile data charges downloading and/or viewing such Content.
9. Intellectual property rights
- We are the owner (or the licensee) of all intellectual property rights in and to the Ayoba App, and in the material or information published on it (apart from the Content). That material and information includes works protected by copyright laws around the world. You must not (or try to), and will not encourage or help anyone else to, do any of the following:
o copy or reproduce any part of the Ayoba App;
o remove or tamper with any copyright notice attached or contained within the Ayoba App;
o copy or reproduce any trade marks, service marks, logos or branding published or displayed in the Ayoba App; and
o reverse engineer, decompile, disassemble or decipher the Ayoba App or otherwise try to get the source code for (or any part of) the Ayoba App.
- We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable (if you delete your Ayoba App account or if we terminate your right to use the Ayoba App) licence for the limited purpose of using the Ayoba App on your mobile device, always subject to these App Terms.
- You grant us a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable and unrestricted licence to use, distribute, reproduce, display, store and copy any information (including any Content) that you create, upload, send, submit, store on or via the Ayoba App for the following purposes:
o to provide and operate the Ayoba App;
o to comply with any law, rule, order or regulation or the order of any court, enforcement agency or any other authority of competent jurisdiction; and
o to perform our obligations and exercise our rights under these App Terms.
- You must promptly inform us if you become aware that the Content does or may infringe the rights (including intellectual property rights) of others.
10. Suspension and Termination
- You can, at any time, delete your account in the Ayoba App which will terminate your use of the Ayoba App. Please note that deleting the Ayoba App from your mobile device will not delete your account.
- If you delete your Ayoba App account, this will erase your message history and will immediately remove you from all of your groups within the Ayoba Once you have deleted your account, we will not be able to restore it, and will no longer be able to access any of the Content associated with it. However, please note that deleting your account will not delete the information other Ayoba App users retain in relation to you such as copies of messages or other information you have sent them. Additionally, we may also retain copies of certain information, such as log records, in the manner contemplated in the Privacy Statement.
- We can, at any time, suspend your use of the Ayoba App if:
o in our opinion, there are any security risks or concerns related to your use of the Ayoba App;
o there are obligations we have to meet under any laws and regulations;
o there are operational reasons that require us to suspend your use of the Ayoba App; or
o we consider it necessary in the circumstances.
- We may terminate your right to use the Ayoba App and/or delete your account with immediate effect and with or without notice:
o if the manufacturer of your mobile device, the provider of your mobile device operating system and/or your mobile network operator no longer supports or permits the use of the Ayoba App;
o if we stop supporting the Ayoba App on your mobile device or the operating system it runs;
o your actions have created, or are likely to create, harm, risk, or possible legal exposure for us, your mobile network provider or other Ayoba App users; or
o whenever we may otherwise consider it necessary in the circumstances.
- Access to the Ayoba App may be interrupted or suspended from time to time, including, for example, for maintenance or upgrades. We will generally try to tell you of such interruptions and suspensions in advance. We may notify you by sending you a message when you log in to the Ayoba App, through in-Ayoba App messenger, push notifications, or SMS, or in any other way. However, sometimes we will not have the opportunity or time to do that, including, for example, if we need to fix something urgently or if it would comprise our reasonable security measures or if it is unlawful for us to do it.
- We will not be liable for any losses to you or anyone else which result from any interruption or suspension of the Ayoba App service, or from you not being aware of it in advance.
- If your right to use the Ayoba App has been terminated or you have deleted your profile on the Ayoba App:
o these App Terms may no longer apply but any provisions of these App Terms that by their nature should continue to apply after termination of these App Terms will continue to apply. This includes (but is not limited to) all provisions relating to intellectual property (except for your license to use the Ayoba App, which will end automatically when your right to use the Ayoba App is terminated or your Ayoba App account is deleted), liability, indemnities and choice of law; and
o we can disable, reclaim and reuse your account name, user ID and other identifiers you have used in connection with the Ayoba App.
- The Ayoba App is provided “as is” and on an “as available” basis with no representations or guarantees as to performance or functionality. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Ayoba App or any information or material on it, whether express or implied, including, for example, fitness for purpose, merchantability, freedom from viruses or other contaminating or destructive properties, availability, loss of data or non-infringement. You understand and agree that:
- communications sent over the internet are not guaranteed to be completely secure and may be subject to possible interception, monitoring, delay, disruption, loss or alteration; and
- we are not responsible for, and will have no liability in respect of, any interception or monitoring of communications or Content by third parties, or any delay or failure in transmitting communications or Content, or loss or alteration of any communications or Content sent or submitted via the Ayoba App.
- We do not guarantee the suitability, accuracy or completeness of any information or material we publish on the Ayoba App and we reserve the right to change it at any time without notice.
- To the fullest extent permitted by law, our total liability to you for any losses, damages, liabilities, costs, expenses or charges, whether in contract, tort, including negligence, or otherwise in connection with the Ayoba App and these App Terms will not be greater than USD $50. This means that, in the event that you successfully pursue a claim against us, you will not be able to receive more than USD $50 unless the laws in your country do not allow this.
- To the fullest extent permitted by law, we will not be liable to you for:
- any losses, damages, liabilities, costs, expenses (including but not limited to legal fees) or charges (whether arising in contract, tort, including negligence, or otherwise); and/or
- any indirect, special, incidental or consequential damages or losses, including (but not limited to) loss of revenue, profit, business, reputation, anticipated savings or goodwill, arising from or in connection with:
§ your use or attempted use of the Ayoba App;
§ your inability to use the Ayoba App;
§ any failure, interruption, unavailability, delay, defect, error or omission in the Ayoba App; and/or
§ any other matters arising otherwise in connection with the Ayoba App or these App Terms,
regardless of whether we had been advised of or were aware of the possibility of such losses or damages being incurred.
- Nothing in these App Terms limits or excludes or limits our liability for fraud or fraudulent misrepresentation, personal injury or death caused by negligence, or any other liability that cannot be limited or excluded by law.
- This clause 11 (as well as every other term and condition in these App Terms) apply to the fullest extent permitted by applicable laws. You may have additional rights under those laws, which differ or supplement the rights described above. If this is the case, nothing in this clause 11 (or anything else in these App Terms) should be interpreted to mean that you have forfeited these rights, where the law does not allow this.
- You indemnify us against any liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other costs and expenses) suffered or incurred by us as a result of or in connection with:
- any breach by you of these App Terms; and/or
- any Content you send, upload, submit or otherwise communicate using the Ayoba App.
- You indemnify us against any loss or damage that we may suffer or incur arising from or in connection with any breach by you of our intellectual property rights.
- We may sometimes contact or notify you (in connection with these App Terms or for other reasons) by showing a message when you log in to the Ayoba App, through in-App messenger, push notifications, SMS, or in any other way. We will communicate with you in English, and we expect that you will communicate with us in English as well.
14. Abnormal and unforeseen circumstances
- We are not responsible if we do not comply with any of these App Terms, or if the Ayoba App malfunctions or does not operate as expected:
- due to circumstances beyond our reasonable control; or
- due to our obligations under any laws or regulations.
15. No limitation to your legal rights
Nothing in these App Terms will reduce any rights you are entitled to under the law in your country (including any rights under applicable consumer protection regulation).
16. Third Party Rights
No person other than you and us will have any rights under the Contracts (Rights of Third Parties) Act 1999 (or equivalent third party rights legislation in any other relevant country) to benefit from or enforce any of the provisions of these App Terms.
17. Additional provisions
- If, for any reason, we fail to enforce any right or remedy under these App Terms, this will not constitute a waiver of, and will not restrict in any way, our right to exercise that or any other right or remedy.
- If any provision of these App Terms is found to be illegal, void, invalid or unenforceable (in whole or in part) by any law, rule, order or regulation or by the final determination of any court of competent jurisdiction, such invalidity or unenforceability will not have an effect on the other part of that provision or the other provisions of these App Terms which will remain in full force and effect.
- You must not novate, assign, cede, delegate, or otherwise transfer any of your rights or obligations under these App Terms to anyone else.
18. Governing law
- These App Terms and any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with them, or their subject matter or formation, will be governed by and interpreted in accordance with the laws of England and Wales.
- The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with these App Terms or their subject matter or formation.
19. Contact us
If you want to contact us for any reason, please email our customer support team at email@example.com.
Under the laws of certain countries, we are required to point out certain important provisions in these terms and conditions to you. The clauses which contain these important provisions and the reasons why they are important are set out below. It is also very important that you read all of these clauses carefully and not just what we say below.
- Limitations of risk, legal responsibilities and liability. Clauses 2, 3, 4, 5, 10, 11, 14 are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other persons and entities are limited and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
- Assumptions of risk, legal responsibilities and liability by you. Clauses 3, 4, 5, 9, 10, 12 are important because you take on risk, legal responsibilities and liability. As a result of these clauses, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these clauses.
- Acknowledgements of fact by you. Clause 1 is important because it contains statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements
- Your indemnification obligations. Clause 12 requires you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that that may be suffered by us and other persons or entities as a result of the events set out in these clauses. You also required to indemnify us and other persons and entities against claims for loss, damages, and harm that that may be made by any person or entity as a result of the events set out in these clauses. This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed.