Terms of Use

Last modified: July 2016
  1. Your Acceptance
    1. Telesens International Ltd (hereinafter - "Company" or “we”) offers you text messaging services through a free software application “True Secure Messenger“ (hereinafter - "Application") for mobile devices available on app’s website at <address> ("Web-Site").
    2. The Web-Site, the Application and the various services offered to you may be collectively referred to in these terms of use as the "Service".
    3. You understand that, just like any other communication service, anyone with knowledge of your registered name may request you for chatting through our Application.
    4. Our Application is licensed, not sold, to you for use only under the terms of this User Agreement.
    5. This User Agreement is a binding legal document between the Company and you and explains your rights and obligations as a user of the Service (hereinafter - "Agreement"). By using the Service you acknowledge and agree to the terms of this Agreement, Privacy Policy and Terms of Use on copyright. If you choose to not agree with any of the Company terms, you may not use the Service.
    6. While using the Application, you may encounter content that may be deemed indecent, objectionable or offensive. Nevertheless, you agree to use our Application at your own risk, and the Company shall not be liable to you for content that you may find offensive.
    7. Users shall not: commit acts prohibited by this Agreement; use the Web-Site and/or Application in any manner that may interfere with the normal functioning of the Web-Site and/or Applications, and Services.
    8. Continued use of the Web-Site and/or Application by the User implies that the User acknowledges and agrees to comply with the following terms of the Agreement. Should the User decide not to accept or accept the Agreement with reservations, he shall immediately leave the Web-Site and/or terminate his use of the Application.
    9. You agree that the Company shall not be liable to you for any circumstances in connection with using the Application.
    10. No damages shall be awarded to the User by Company in connection with using the Application. You agree that you waiver all liability from Company and that you assume all risks.
  2. No access to emergency services
    1. The Application is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services.
  3. Restrictions on use
    1. In some countries there are restrictions on the use of services similar to one provided by the Application. It is your responsibility to ensure whether you are legally allowed to use our Services where you are located.
  4. Scope of this Agreement
    1. This Agreement is non-exclusive.
    2. You may not rent, lease, lend, sell, redistribute or sublicense the Application.
    3. Any commercial copying or distribution, publication or exploitation of the Web-Site, or any content on or from the Web-Site, are strictly prohibited unless you have received express prior written permission from the Company or the applicable rights holder.
    4. If you breach these restrictions, you may be subject to prosecution and damages.
    5. The terms of the Agreement will govern any upgrades provided by the Company that replace and/or supplement our Service, unless such upgrade is accompanied by a separate agreement in which case that agreement will govern.
  5. Consent to Use of Data
    1. By using the Application, you understand and agree that you provide the Company with technical data and related information, including but not limited to your device identification number.
      We do not collect phone numbers, names, addresses or email addresses. We collect only technical information about your mobile device that is gathered periodically to facilitate the provision of software updates, product support and other services.
      The aforementioned information can be stored in our data centers over an unlimited period of time; and the Company may use this information to improve the Service.
  6. Changes to this Agreement
    1. The Company may make changes to the terms of this Agreement from time to time. Updated versions of the Agreement will be published on the Web-Site.
    2. The changes will be effective when published. Please, review this Agreement on a regular basis.
    3. You understand and agree that your acceptance of the terms of this Agreement or your use of the Service after the date of publication of varied terms shall constitute your agreement to the updated terms.
    4. If you do not agree with the amended terms, you may terminate your relationship with Company in accordance with the paragraph 7 below.
  7. Agreement Termination
    1. The Agreement is effective until terminated by you or the Company.
    2. You may terminate your relationship with the Company at any time by ceasing to use the Service or deleting the Application.
    3. The Company has the right to terminate your rights under this Agreement without notice if you fail to comply with any terms of this Agreement.
    4. Upon termination of the Agreement, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
    5. The Company has rights to deny you access to the Services or block your account at any time with no prior notification:
      • if you are in breach of the terms of this Agreement;
      • if the Company reasonably suspects that you are using the Service to break the law or infringe third party rights;
      • if the Company reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
      • if the Company reasonably suspects that you are using any of our products fraudulently or that your "User Account" is being used by a third party fraudulently;
      • immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of Company's partners;
      • If you perform actions aimed at disrupting the normal functioning of the Web-Site, Application and User Accounts;
      • If you make commercial offers to other users;
      • If any of your actions constitute fraudulence, including using malware, software bugs;
      • If any of your actions constitute an imminent threat for the Service;
      • If your actions fall under any of the paragraphs in Section 9.4 (Your obligations) herein. In this case, you will be solely liable for any losses, damages or expenses arising out of or in connection with the implementation of any illegal activities. In this case, you waive any claims against the Company.
    6. We reserve the right to purge User Accounts that have been inactive for more than one (1) year.
  8. The Service
    1. Once you have downloaded the Application and become a Service user, you can communicate with any other Application user for free.
    2. The Service also allows users to share files of any type (collectively, the "User Submissions") as part of the Service. These User Submissions may be shared between all participants of communication, and may be visible to them and stored on their devices unencrypted.
    3. You acknowledge and agree that other persons who have access to the device of your communication partner may view any of your User Submissions.
    4. You retain your ownership rights in your User Submissions.
    5. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
    6. User Submissions do not necessarily represent the views or opinions of Company, and Company makes no guarantees as to the validity, accuracy or legal status of any User Submission.
    7. In connection with your User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions in the manner contemplated by the Service and this Agreement.
    8. In connection with your User Submissions, you affirm, represent, and/or warrant that you have the written consent, release, and/or permission of each identifiable individual person referenced in your User Submission to use their name and likeness in your User Submission.
    9. By submitting the User Submissions to the Company, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions in connection with the Service and Company’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
    10. You also hereby grant every user of the Service a non-exclusive license to access your User Submissions through the Service.
    11. You further agree that you will not violate any of the restrictions listed in Prohibited Uses set forth in paragraph 9.4 below.
    12. Company does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
    13. In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent or objectionable.
    14. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
    15. We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
    16. We reserve the right to change, suspend, remove or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
    17. The Company may automatically check your version of the Application.
    18. The Company has no obligation to make available any updates. However, we may require you to download and install updates or automatically download and install updates to your device.
    19. Company does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to Company through the Web-Site, social networks or otherwise, you acknowledge and agree that Company shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this Agreement limits or restricts Company's right to independently use, develop, evaluate or market products, whether incorporating the Feedback or otherwise.
    20. You may link to our Web-Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    21. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Company where none exists.
    22. You may not frame the Web-Site on any other website.
    23. Company may revoke the permission to link to the Web-Site at any time at its sole discretion.
  9. Your Obligations
    1. If you choose to use the Service to communicate inside the True Secure Messenger community, you must install our Application and create a User Account by providing us with your name and password. You are responsible for all activities that occur under your User Account.
    2. You agree to notify Company immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account.
    3. Company will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Therefore, we recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. Company takes no responsibility for your failure to comply with the obligations in this paragraph.
    4. You may not:
      • intercept or monitor, damage or modify any communication which is not intended for you;
      • use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service;
      • send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
      • expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
      • use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
      • use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
      • collect or harvest any personally identifiable information, including account names, from the Service;
      • impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
      • dissemination of child pornography (including sites that use images of children);
      • dissemination of all types of illegal pornography;
    5. Adult content must be identified as such.
  10. Disclaimer of Warranties
    1. You expressly Acknowledge and agree that use of the service, including the Web-Site and Application are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, our service is provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Service, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
    2. We do not warrant against interference with your enjoyment of the Service or that the Service will be uninterrupted or error-free, or that defects in the Service will be corrected. No oral or written information or advice given by us shall create a warranty. Should the Service cause any defects, you assume the entire cost of all necessary servicing, repair or correction.
    3. To the extent not prohibited by law, in no event shall we be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Service, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
    4. You will not use or export the Application or any product or service offered on the Web-Site or through the Service, in violation of any applicable laws or regulations, including without limitation United Kingdom export laws and regulations.
  11. Ownership Rights
    1. The Service, including the Web-Site and the Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. Trademarks associated with the Application, and any other trademarks, service marks and trade names used by the Company, both in its own name or jointly with them, are Company’s trademarks, and the Company reserves all rights to such trademarks. In addition to trademark rights, Company has the rights to all other materials, including, without limitation, images, pictures, graphics, photographs, animations, videos, music, audio and texts available via the Application or the Internet (“Site content”). The Site content is protected by copyright and other intellectual property rights. You hereby acknowledge that by using the Application you do not acquire any rights to trademarks, software, images, pictures, graphics, photographs, animation, videos, music, audio and texts available via Site content, and you may use them only in full compliance with this Agreement.
    2. Your use of our Service does not grant to you, nor do you acquire any ownership rights in the Company’s technologies.
    3. Company does not allow for copyright infringement and for the violation of intellectual property rights through the use of the Application. The Company will remove all materials that violate intellectual property rights, if properly notified that such content or User Submissions infringes on another's intellectual property rights. To file a copyright infringement notice, please contact our copyright agent. The presence of a physical or electronic signature of the person authorized to act on behalf of the owner of the allegedly violated exclusive rights is obligatory.
  12. Links to Third Party Websites
    1. This User Agreement applies to all users of the Service. Information provided by our users via the Application may contain links to other third party sites (“Third Party Sites”) which are neither owned nor controlled by the Company.
      The Company does not control and is not responsible for the content, confidentiality policy or methods of operation of such Third Party Sites. Furthermore, the Company shall not and cannot subject to censure or change the content of any Third Party Site.
      By using the Application, you expressly acknowledge and agree that the Company shall not be responsible for any damages, claims or other liability arising from or related to your use of any Third Party Site. Use of Third Party Sites by you shall be regulated by terms and conditions published on the corresponding sites.
  13. Advertising
    1. From time to time, the Company may offer you free trial period for its paid products.
  14. Third party services
    1. Third parties may offer different products and services via the Application. In some cases, use of products and services of third parties may be regulated by special terms of use and provisions on confidentiality of distributors of these products. In these cases, you need to accept such terms of use when downloading or installing the product. You need to study such conditions before making the purchase or using any products or services of third parties; the Company shall bear no responsibility if you fail to meet this requirement.
    2. You acknowledge and agree that any information about products, services and prices of third parties provided through the Application is provided by the corresponding vendor (Vendor). Vendor may at any time change prices for its products or make such products unavailable. The Company shall have no relation to the transactions between you and Vendors. The Company does not have any control, shall not be liable and shall not provide any guarantees as to the following:
      • price, quality, efficiency, availability and terms of purchase of products or services offered by Vendors;
      • any transactions, deliver, return or post-sale service of the products or services purchased on sites of Vendors; access to sites of Vendors;
      • completeness, authenticity or accuracy of any advertising or other materials placed on sites of Vendors or via such sites and also announcements or other content in relation to products and services, information about which was distributed through the Application;
      • all questions, claims or actions in connection with any products or services offered by the Vendors shall be directed to the corresponding Vendor.
  15. Age Restrictions
    1. The protection of the privacy of young children is a very significant aspect of Company policy. The user’s of our Services are not intended and were not designed to attract people under 14 years of age, and we are not using the Web-Site or the Application to intentionally phish or pharm for data of users under 14 (or older in some jurisdictions). We encourage parent involvement in the online activities of their children to ensure confidence in the fact that no information about their child is gathered without parental consent. You acknowledge that you are legally capable to act in your jurisdiction, are of sound mind and are capable to claim responsibility for your own actions.
      The Service is not intended for children under 14 years of age. You affirm that you have the ability to enter into this Agreement. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 14 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
  16. General
    1. This Agreement is the entire agreement between you and the Company relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This Agreement may not be modified or amended except as described herein by the Company or otherwise with the written agreement of the Company.
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