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  • Auguest 2019

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ToTok Terms of Use

Last Updated: August 2019

Please read these Terms of Use carefully


ToTok ("Totok", "totok", "we", "us" or "our") provides a variety of services to customers around the world including our messaging application ToTok (the App, or Services). Please read these Terms of Use (the "Terms") so you properly understand how you’re expected to use our Services and the rights you have in relation to them. By installing, accessing, downloading or otherwise using the Services, or any of their features, you are agreeing to comply with the Terms. Any reference throughout to "you" or a correlative subject refers to the device owner and/or user of the Services.

You will be notified of any changes to these Terms via the App. If you do not accept the updated Terms, you are no longer permitted to use the Services and should disable your account immediately. Your continued use of the Services will be deemed acceptance of the updated Terms.

Contact

Should you wish to contact us for any reason including to submit a comment or complaint, please use the following details:

help@totok.ai

Language

Should you wish to access these Terms in a different language, please update the language setting on the Service being used (for example via the settings on the App) to the preferred language. Please note that not all languages are available and our default language is English.

Download and Registration

By installing, accessing, downloading or otherwise using the Services, or any of their features, you agree to comply with the Terms and enter into a binding contract with us. Your use of the Services, including all rights you have under the contract with us, are detailed in these Terms. If you breach or violate any of the Terms, we have the right to disable your account immediately and you will not be permitted to create another account without our permission.

If using the App, once downloaded, you must register to use the App using the current mobile number you use and a username. In doing so, you agree to receive text messages and phone calls from us which will be sent to assist with verifying your identity and device. If you change your mobile number , you need to notify us via the App or you will not be able to operate the App using the new number.

Your Personal Data

Providing you with the Services requires that we collect, store, use, share and otherwise process your personal data. To learn what kinds of personal data we process along with why, how and where we process it, please read our Privacy Policy. It will also provide useful information about your rights in relation to your personal data and how you can exercise such rights.

General Conditions

In addition to any other conditions included in these Terms which you must comply with, please also be aware of the following:

  • Age: you must be at least 13 years to use the Services. This age is subject to the laws of the country you are from and therefore may be higher (but never lower) than our required age. You may also be required to seek the consent of your parent or guardian to download, register or otherwise use the Services.
  • Law: you must be prohibited from using the Services in any way due to the local laws or any criminal conviction you may have.
  • Disabled Account: you must not download otherwise use the Services if an account with the App for example (or any other application of ToTok) of yours has been disabled in the past.
  • Operating System: the App requires your device to be operating with at least version iOS 9 (for Apple devices) and Android 5 (for Android devices) with a minimum of 200 MB of memory.
  • Device Fees: you are wholly responsible for all carrier data plan and other applicable fees and taxes associated with your use of the Services.
  • Account Security: you are responsible for keeping your device, your account and any security codes/passwords (if requested) safe and secure. If your account has been breached in any way, please contact us immediately using the contact details above, via email help@totok.ai.

Acceptable Use

When using the Services, you must always do so for legal, authorised and acceptable purposes. In doing so, you will not:

  • use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or contravening these Terms;
  • violate or infringe the rights of ToTok, our users, or others, including privacy, intellectual property, or other proprietary rights;
  • transmit any material that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;
  • impersonate someone; and
  • send, or be involved in sending, illegal communications.

When using the Services, you also must not seek to harm ToTok, or any of our users or customers. In doing so, you must not (or allow or assist others to) access, use, copy, modify, distribute, display, otherwise exploit or prepare derivative works based upon and of our Services in impermissible or unauthorised manners, or in ways that harm us, our Services, systems, users, or others. In doing so you must not:

  • reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
  • send, store, or transmit viruses or other harmful computer code through or onto our Services;
  • gain or attempt to gain unauthorised access to our systems;
  • create accounts for our Services through unauthorised means;
  • collect the information of or about our users in any impermissible or unauthorised manner; and/or
  • sell, resell, rent, or charge for the use of our Services.

Device Data, Functions and Access

To operate the App efficiently and to the best of its potential usage, we require access to the following data and functions on your device:

  • network (cellular data and WiFi).
  • phone book and contacts;
  • photos, images and videos;
  • camera;
  • documents;
  • location data;
  • microphone;
  • calendar; and
  • storage;

We will ask your consent before accessing the different kinds of data held in your device. Once you have provided your consent, we will remember this and not ask you again. You can withdraw your consent at any time by accessing your account in the App.

Licences and Intellectual Property

What we own:

Throughout our relationship with you, we retain ownership or control of the Services and all intellectual property rights therein, including all copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights that have, do or will exist in the future ("Intellectual Property"). You may not use our Intellectual Property unless permitted under these Terms or with our express written consent (which you can seek by contacting us using the contact details above).

What you own:

Throughout our relationship with you, you retain ownership of the details, information or other data you submit for your account or through the use of our Services. You also have the right to grant the rights and licences in these Terms as further detailed below.

Licence to us:

In order for us to provide our Services to you to the best of our ability, you grant ToTok a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, and display the information (including any content) that you upload, store, send, or receive on or through the use of the Services. We will only use such rights for the limited purpose of providing our Services. This includes, for example, to allow us to display your profile picture, send your messages.

Licence to you:

In order for you to receive the Services at the best standard, we grant you a revocable, non-exclusive, non-sublicenseable and non-transferable licence to use the Services, subject to and in accordance with these Terms. No other licences or rights are granted to you by implication or otherwise.

Infringement of Intellectual Property

If you believe our Intellectual Property is being infringed by a third party, please contact us immediately using the contact details provided above. If we believe you are infringing the intellectual property of another, we may terminate your account.

Updates

When an update of the App becomes available, you are strongly encouraged to download this. Upgrades are created to better the App and the user experience thereof. If you do not update the App, it may no longer be supported by us and, over time, will likely depreciate in functionality.

Support

If you require support in relation to your use of the Services, please contact us using the contact details above, or our email for support, help@totok.ai.

Disclaimer

You use and accept the provision of the Services at your own risk and subject to the following disclaimers:

  • the Services are provided on an "as is" basis without any express or implied warranties;
  • no warranty is given that any information provided by us is accurate, complete, or useful, that the Services will be operational, free from errors, secure, safe, or that the Services will function without disruptions, delays or imperfections.
  • we do not control, and are not responsible for controlling how or when our users use our Services.
  • we are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties.

The forgoing disclaimer will apply to the fullest extent permitted by applicable law.

Our Liability

Limitation of Liability

We, our affiliates, subsidiaries, directors, employees, partners and agents (together the "ToTok Group") will not be held liable to you, whether in contract (including under any indemnity), tort (including negligence), under statute or otherwise, under or in connection with these Terms, your use of the Services, and/or our provision of the Services, for any consequential, indirect, special or incidental losses or damages, or for any loss or damage to the extent that such loss or damage is caused or contributed to by you, or is a result of the failure by you to comply with these Terms.

For any other losses or damages, the ToTok Group’s aggregate liability towards you for all claims during our relationship with you shall not exceed $100 USD.

The forgoing exclusion and cap of liability will each apply to the fullest extent permitted by applicable law.

Your Liability

You agree to defend, indemnify, and hold harmless the ToTok Group from and against all liabilities, damages, losses, and costs (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services; (b) your breach of our Terms; or (c) any misrepresentation made by you.

Termination

Our right

We retain the right at any time to disable your account (either indefinitely or for a set period of time) and/or terminate your access and use of any or all of the Services for any reason, including your violation of these Terms.

Your right

You can terminate your access to any or all of our Services at any time by simply deleting your account. If you choose to delete your account, we will delete all your messages but retain your account information and contacts for 30 days before permanently deleting, so you can easily change your mind.

Continuing provisions

However caused, the following provisions will survive any termination of your relationship with us: Licenses, Disclaimer, Our Liability, Your Liability, Termination, General, Dispute Resolution and Governing Law.

General

In addition to any other terms and conditions within these Terms, please be aware of the following:

  • Entire Agreement: these Terms make up the entire agreement between you and ToTok regarding your use of the Services;
  • Local Law Violations: our Services should not be accessed or otherwise used in any jurisdiction where any or all of the Services are prohibited to any degree.
  • Applicable Law: you agree to comply with all laws that apply to you in your use of the Services.
  • Wavier: any waiver of any Terms or obligations or rights hereunder is not permitted without our written consent.
  • Assignment: we may assign or otherwise transfer all or some of our rights and obligations under these Terms to another party. You may assign or otherwise transfer all or some of our rights and obligations under these Terms to another party with our prior written consent.
  • Third Parties: except as stated or contemplated herein, these Terms do not give any third party any rights.
  • Severance: if any provision of these Terms is deemed illegal, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

Governing Law

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, please see the following as to how it can be resolved and what laws will apply.

If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the Services ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in England and that English law will govern these Terms and any claim, without regard to conflict of law provisions.