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• March 2019

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ToTok Terms of Use

Last Updated: March 2020 (archived versions)

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 together with the other services, the "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 these 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 email, the App, or through another medium of using the Services. Your continued use of the Services will be deemed acceptance of the updated Terms. If you do not accept the updated Terms, you are no longer permitted to use the Services and should disable your account immediately.

Please note that we have prepared specific terms and conditions which govern PayBy and all related products and services which may be available to you via the App if you are located in the UAE. Should you wish to access and review these terms and conditions, please see the PayBy Terms of Use.

Contact

Should you wish to contact us regarding the Services for any reason, including to submit a comment or complaint, please email us at: help@totok.ai or contact us via the App.

Language

These Terms were prepared in English and therefore the default language is English. 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 should there be any discrepancies or differing interpretations or meanings between the English version of these Terms and any translation, the English Terms shall prevail.

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 with respect to the Services, 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 the rights you may have in relation to your personal data and how you may be able to 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 of age 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 comply with the law and not 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 or otherwise use the Services if any account of yours with any Service (or any other service or application of a ToTok group company) 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 hacked, compromised or breached in any way, please contact us immediately at help@totok.ai or via the App.

Acceptable Use

When using the Services, you must always do so for legal, authorised and acceptable purposes. When using the Services, you will not, nor permit any person using your account to:

• use them 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, any of its group companies, our users, or other third parties, including rights in respect of privacy, intellectual property, or other proprietary rights;
• transmit any material that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or which could instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;
• impersonate someone;
• send, or be involved in sending, illegal communications;
• seek to harm ToTok, our group companies, or any of our users or customers; or
• 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 group companies, our Services, systems, users, or others. In particular you must not, nor permit any person using your account to:
  • reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services, except to the extent permitted by law;
  • 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 or those of our group companies;
  • 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 ability and functionality, 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 however ask your consent before accessing each such data set and function on your device. If you provide your consent with respect to a data set or function, we will remember this and not ask you again with respect to the same data set or function. You can withdraw your consent at any time by accessing your account in the App and/or via the settings of your device.

Licences and Intellectual Property

• What we own:

Throughout our relationship with you, we retain ownership and/or control, as appropriate, 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 existed, do, may 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 which includes, for example, to allow us to display your profile picture, and to 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 for the sole purpose for which they were created, 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 our Intellectual Property or the intellectual property of another, we may terminate your account with immediate effect.

Updates

When an update of the App becomes available, you are strongly encouraged to download this as soon as possible following its release. 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 at help@totok.ai or via the App.

Disclaimer

You use and accept the provision of the Services at your own risk and at all times 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; and
• 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 disclaimers 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

To the extent permitted by law, 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 (including any services of our group companies) 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(s). If you choose to delete your App account, we will permanently delete all your messages (including all photos and videos and other content), your account information, your contacts and any other data we hold relating to you and your account within one month of you deleting your account. This gives you a period of time to change your mind by reactivating your account easily via the App.

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:

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.