Ayoba User Terms and Conditions

 

1.               Definitions

1.1 “App” means the Ayoba App which can be downloaded to any mobile device which runs an operating system supported by us.

1.2 “App Terms” means these Ayoba User Terms and Conditions.

1.3 “Content” means any information, materials, communications, correspondence and other content that is sent, uploaded, submitted or communicated via the App by you.

1.4 “we”, “us” and “our” means Progressive Tech Holdings Limited (Registration No. 117490 C2/GBL), a company incorporated under the laws of Mauritius.

1.5 “you”, “your” and “yours” means the person who has downloaded the App and any other person who uses the App.

2.               Summary

2.1 This summary sets out key details about the App and forms part of these App Terms. You should read it carefully together with the rest of these App Terms.

2.2 Please read these App Terms carefully before you start to use the App. If you do not agree to these App Terms, you must not use the App. By installing and using the App, you agree to be bound by these App Terms.

2.3 The App is provided by us to you. These App Terms govern your relationship with us and specify how you are permitted to access and use the App.

2.4 The App is an instant messaging app for Android and iOS devices that will allow you to send and receive text messages, voice messages, videos, images, audio and other files with your contacts.

2.5 The App uses your mobile internet connection to send files to your contacts. There will be no charges from us but your mobile service provider may still charge for your use of mobile data, voice and/or text services.

2.6 We may update these App Terms from time to time. If you continue to use the App following the update to these App Terms, you will be deemed to have accepted the updated App Terms.

2.7 IMPORTANT NOTICE

We will not be responsible for any use of the App or liable to you for any loss or damage you may suffer as a result of using it. This is further reflected in the liability section below.

3.               Use of the App

3.1 The App can be used on a mobile device running either an Android or iOS operating system, from which you can access the internet.

3.2 The App uses your internet connection to send messages and files to your contacts.

3.3 You can use the App to:

(A) send and receive text and voice messages with any of your contacts (the App will use your address book to connect you with your contacts);

(B) set up group chats to communicate with your contacts in a single chat;

(C) send SMS to anyone in your contact list, even if they have not installed the App;

(D) send videos, images, audio, and other files to your contacts;

(E) share your current GPS location with your contacts;

(F) personalise your profile and status;

(G) send a copy of your contacts to your connections;

(H) block or unblock contacts; and

(I) make calls from the App using your internet or voice connection.

4.               Content

4.1 Content sent or submitted via the App will be encrypted end-to-end, except when you are sending any Content by SMS.

4.2 You acknowledge and agree that:

(A) Content will not be verified or approved by us and we are unable to ensure the accuracy, availability, correctness or completeness of it;

(B) the views and opinions expressed by you and/or any views or opinions expressed in any Content do not represent our views or opinions; and

(C) You must ensure that you have all necessary rights, licences, consents and permissions prior to sending, submitting uploading or otherwise communicating any Content.

4.4 You must ensure that any Content that you send, submit, upload or otherwise communicate via the App:

(A) is free from viruses, Trojan horses, 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;

(B) is not abusive, discriminatory, threatening, obscene, offensive, inflammatory, libellous or defamatory;

(C) does not constitute “spam”, “junk mail”, “chain letters” or “pyramid schemes”;

(D) is not sent or uploaded for the purpose(s) of personal or commercial solicitation, advertising or marketing; and/or

(E) does not infringe, or encourage or suggest the infringement by others of, applicable laws, regulations or rules (including but not limited to intellectual property rights).

5.               Your obligations

5.1 You must register for the App using correct and up to date information and provide a current Mobile Station International Subscriber Directory Number (“MSISDN”). We will send you (and you agree to receive) an SMS to your MSISDN with a code to register for the App.

5.2 You must advise us of any change to your MSISDN or other information detailed in the App or make such changes in the App without delay. If you do not update or request to update such information, we will not be liable for any loss or damage incurred or suffered by you as a result.

5.3 You agree to provide us with the phone numbers and contact details of other App users and other contact numbers in your address book in accordance with all applicable laws and regulations for the purpose of our provision and operation of the App.

5.4 You should not send sensitive or confidential data via the App.

5.5 You must take all reasonable precautions to keep safe and prevent fraudulent use of your mobile device.

5.6 You must not use the App on any mobile device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been “jail-broken” or “rooted”.

5.7 You are responsible for:

(A) all actions and instructions by you or anyone acting with your authority when using the App; and

(B) making sure information shown or stored on your mobile device (including any Content) is kept secure.

6.               Prohibited activities

6.1 You must not copy or reproduce any part of the App.

6.2 You must not alter, modify or adapt all or any part of the App.

6.3 You must not use the App for any unlawful purposes or in a way which breaches any law, rule, order or regulation.

6.4 You must not use the App in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

6.5 You must not use the App to knowingly transmit any data, or send or upload any material, that contains viruses, Trojan horses, 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.

7.               Privacy

7.1 In order to register for and access and use the App, you will be asked to provide certain personal data such as your name and your MSISDN.

7.2 By using the App and agreeing to our App Privacy Notice, you consent to our use of your personal data. For more information about how your personal data is used, please see our App Privacy Notice, available at http://www.ayoba.me/privacy-policy/

8.               Charges

8.1 We do not charge for the App. However, your mobile network operator may charge you for standard call and text and/or mobile data charges when accessing and using the App and these charges may vary if you access the 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 App.

8.2 If you are an MTN mobile customer, your mobile data charges will be zero rated. However, please note that you may still be charged for standard call and text charges. This zero rating is promotional and a fair usage policy may apply.

9.               Intellectual property rights

9.1 We are the owner or the licensee of all intellectual property rights in and to the App, and in the material or information published on it. Those works are protected by copyright laws and treaties around the world. Accordingly, you must not (or attempt to):

(A) remove or tamper with any copyright notice attached or contained within the App;

(B) copy or reproduce any trade marks, service marks, logos or branding published or displayed in the App; and/or

(C) reverse engineer, decompile, disassemble or decipher the App or otherwise attempt to derive the source code for (or any part of) the App.

9.2 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable (in accordance with these App Terms) licence to use the App on a mobile device that you own, control or use, subject to these App Terms.

9.3 You grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide, irrevocable and unrestricted licence to use, distribute, reproduce, display, store and copy any information (including any Content) that you upload, send, submit, store on or via the App for the following purposes:

(A) to provide and operate the App;

(B) 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

(C) to perform our obligations and exercise our rights under these App Terms.

10.               Suspension and Termination

10.1 You can, at any time, delete your profile in the App which will terminate your use of the App.

10.2 We can, at any time, suspend your use of the App if:

(A) in our opinion, there are any security reasons or concerns;

(B) we think or suspect, in our discretion, that the App has been used fraudulently or in an unauthorised way or in breach of these App Terms;

(C) there are obligations we have to meet under any laws and regulations;

(D) there are operational reasons; or

(E) whenever we otherwise deem it necessary in our absolute discretion.

10.3 We may terminate your right to use the App and/or delete your profile with immediate effect and with or without notice:

(A) if, in our opinion, you have breached these App Terms;

(B) if the App is withdrawn by the manufacturer of your mobile device operating system;

(C) if we stop supporting the App on your mobile device or the operating system it runs; or

(D) whenever we otherwise deem it necessary in our absolute discretion.

10.4 We may suspend, withdraw or restrict the availability of all or any part of the App in our absolute discretion.

10.5 We will usually notify you prior to any suspension. However, we will not do so if this would compromise our reasonable security measures or it is unlawful for us to do this.

10.6 Subject to section 5, we will notify you in case of any suspension or termination, within a reasonable time following such suspension or termination. This can include a message when you log in to the App, through in-App messenger, push notifications, or SMS, or in any other way.

10.7 You must delete the App from your mobile device if you change your mobile device or dispose of it.

10.8 If your right to use the App has been terminated or you have deleted your profile and terminated your use of the App, these App Terms may no longer apply. However, 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, liability, indemnities and choice of law.

11.               Liability

11.1 While we make reasonable efforts to provide and operate the App, we will not be liable for any failure to provide or operate the App, in part or in full, due to circumstances beyond our control. This includes (but is not limited to) any mobile network failures or where you are not in an area of mobile coverage.

11.2 The App is provided “as is” and on an “as available” basis with no representations or guarantees as to performance or functionality. We cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile device. To the extent permitted by law, we are not responsible for any losses, damages, liabilities, costs, expenses or charges you may incur as a result of or in connection with this.

11.3 You acknowledge and agree that:

(A) there is no guarantee of performance in respect of our provision and operation of the App;

(B) 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

(C) 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 App.

11.4 While me make reasonable efforts to ensure that information or material published on the App is accurate, we do not guarantee the accuracy or completeness of such information or material and it may be subject to change subsequently.

11.5 To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any information or material on it, whether express or implied.

11.6 To the fullest extent permitted by law, we will not be liable to you for:

(A) 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

(B) any indirect, special, incidental or consequential damages or losses, arising from or in connection with:

(1) your use or attempted use of the App;

(2) your inability to use the App;

(3) any failure, interruption, unavailability, delay, defect, error or omission in the App; and/or

(4) any other matters arising otherwise in connection with the App or these App Terms,

regardless of whether we had been advised of were aware of the possibility of such losses or damages being incurred.

11.7 Nothing in these App Terms 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.

11.8 Neither Apple Inc. nor Google Inc. have any responsibilities or obligations to you in relation to the App and will not provide any maintenance and support services for the App.

12.               Indemnity

12.1 You will 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:

(A) any breach by you of these App Terms; and/or

(B) any Content you sent, uploaded, submitted or otherwise communicated via the App.

12.2 You will 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, as further described in section 9

13.               Communications

13.1 From time to time, we may contact or notify you (pursuant to these App Terms or otherwise) by including a message when you log in to the App, through in-App messenger, push notifications, or SMS, or in any other way. All communications will be in be in the main language of the territory in which the App is being provided.

13.2 When you contact us, we may monitor or record communications between you and ourselves. Your use of the App confirms that you accept such monitoring.

14.               Changes to the App and App Terms

14.1 We may update the App and any information or material on it at any time. However, please note that that the App or any information or material on it may be out of date at any given time and we give no guarantee and will have no responsibility to provide any corrections, updates or releases in connection with the App.

14.2 We may revise these App Terms at any time and will give you reasonable notice of those changes to these App Terms.

14.3 By continuing to access and use the App you acknowledge and agree to those changes to these App Terms.

15.               Abnormal and unforeseen circumstances

15.1 We are not responsible if we do not comply with any of these App Terms:

(A) due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite our efforts to the contrary; or

(B) where our failure to comply is due to our obligations under any laws or regulations.

16.               Statutory rights

16.1 Nothing in these App Terms will reduce any statutory rights you hold or are entitled to.

17.               Third Party Rights

17.1 No person other than you and us will have any rights under the Contracts (Rights of Third Parties) Act 1999 to benefit from or enforce any of the provisions of these App Terms.

18.               Additional provisions

18.1 If, for any reason, we fail to enforce any right or remedy under these App Terms, this will not constitute a waiver of or restrict our right to exercise that, or any other, right or remedy.

18.2 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 shall not affect the other part of that provision or the other provisions of these App Terms which shall remain in full force and effect.

18.3 You must not novate, assign or otherwise transfer any of your rights or obligations under these App Terms.

18.4 Governing law

18.5 These App Terms and any dispute or claim (including any relevant non-contractual disputes or claims) arising from or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.

18.6 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including any relevant 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, please email our customer support team at support@ayoba.me