Terms of Service
LAST MODIFIED: AUGUST 16, 2019
Information We Collect
There are three basic ways we collect information:
- Information you choose to give us;
- Information we get when you use our services; and
- Information we get from third parties.
We ensure that you remain anonymous and do not require any personally identifiable information, unless you provide this to Messages Improved. Here’s a little more detail on each of these categories of information.
Information You Choose to Give Us
When you interact with our Services, we collect the information that you choose to share with us. For example, some of our Services require you to set up a Messages Improved account, to do this requires that we collect your telephone number which we then convert to a hashed reference to ensure you remain anonymous.
In order to analyze your text messages, we need to analyze how you text in a number of different scenarios. Therefore, when you activate our AI assistant, we collect the entire text message database and all of the phone call logs from your device. It will not be possible for you to choose which messages or phone calls to share with Messages Improved.
If you use our WhatsApp import functionality, in order to analyze your WhatsApp conversations, we need to collect the conversation(s) that you export from WhatsApp and import into Messages Improved. When you import a WhatsApp conversation to Messages Improved, we will upload this conversation to our database to allow for analysis via our algorithm and store for your future review. Messages Improved will only analyze and collect the conversations that you upload to the Messages Improved app.
If we ask you questions in-app or if you provide us any other information via the app, we may choose to store this information. You are free to skip any of these questions or choose not to provide any of this information at any point.
When you contact Messages Improved support or communicate with us in any other way, we may collect whatever information you volunteer.
Information We Get When You Use Our Services
When you use our Services to analyze your communications with your friends, crushes, and others, we collect information about which of our Services you’ve used and the types of results you receive. In order to provide you with the best service possible, we use this data to make the Messages Improved algorithm (our ‘secret sauce’) better over time in order to provide you with more accurate and insightful results. We may consider factors such as your age, gender, and location in analyzing the results you receive as compared to many other Messages Improved users. We may also collect information about:
- Usage Information. We collect information about your activity through our Services. For example, we may collect information about:
- How you interact with the Services, such as which messages you choose to analyze.
- How you communicate with the service, such as the time and date that you send your messages to us for analysis and your interactions with the results (such as when you open the Messages Improved app or view your results).
- Content Information. We collect information about the in-app behavior and content you provide, such as the metadata that is provided with the messages you analyze with Messages Improved.
- Device Information. We collect device-specific information, such as the hardware model, operating system version, advertising identifier, unique application identifiers, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number).
- Messages and Phonebook. In order to analyze your text messages for you, we need to collect all of your device’s text messages and all of the information from your device’s phonebook. If you choose to use the WhatsApp analysis function, we need to collect the messages you upload via WhatsApp and may require access to all of the information from your device’s phonebook. We will only store and analyze the WhatsApp messages that you upload.
- Location Information. When you use our Services, we may collect information about your location. We may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses. You acknowledge and agree that Messages Improved does not guarantee the accuracy of any location information, including your location information or the location information of other users of the Service, and your use of any location-based Services is at your sole risk.
- Log Information. We also collect log information when you use our website. That information may include, amongst other things:
- details about how you’ve used our Services;
- device information, such as your web browser type and language;
- access times;
- pages viewed;
- IP address;
- identifiers associated with cookies or other technologies that may uniquely identify your device or browser; and
- pages you visited before or after navigating to our website.
Information We Collect from Third Parties
We may obtain information from other companies that are owned or operated by us, or any other third-party sources, and combine that with the information we collect through our Services.
How We Use Information
What do we do with the information we collect? The short answer is: provide you with an amazing set of products and services that we continuously improve. We do a lot more as well, including but not limited to:
- develop, operate, improve, deliver, maintain, and protect our products and services;
- communicate with you;
- monitor and analyze trends and usage;
- personalize the Services;
- select which information or communication will be sent to you;
- enhance the safety and security of our products and services;
- verify your identity and prevent fraud or other unauthorized or illegal activity;
- use information we’ve collected from cookies and other technology to enhance the Services and your experience with them; and
- enforce our Terms of Service and other usage polices.
We may also store some information locally on your device. For example, we may store information as local cache so that you can open the app and view content faster.
How We Share Information
We may share information about you including in the following ways:
- With our affiliates. We may share information with entities within the Messages Improved family of companies;
- With third parties, including;
- Service providers, sellers, and partners. We may share information about you with service providers who perform services on our behalf, sellers that provide goods through our Services, and business partners that provide services and functionality;
- For legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to:
- comply with any valid legal process, government request, or applicable law, rule, or regulation;
- investigate, remedy, or enforce potential Terms of Service violations;
- protect the rights, property, and safety of us, our users, or others;
- As part of a merger or acquisition. If Messages Improved is involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes; and
- In the aggregate or after de-identification. We may also share aggregated or de-identified information that cannot reasonably be used to identify you.
Information You Choose to Share with Third Parties
If you have access and decide to participate in the anonymous polling offered as part of the Services to some users, pollers (which may include other users) will be provided with the responses to the questions you answered and may receive any demographic data, but will not be given any other information and you will remain anonymous.
The Services may also contain third-party links. By going to those links, you may be providing information (including personal information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party website or service that you visit or use, including those third parties you interact with through our Services.
How Long We Keep Your Content
Following termination or deactivation of your Account, we and/or our service providers may retain your information (including your profile information) for a commercially reasonable time for backup, archival, and/or audit purposes.
Control over Your Information
We want you to be in control of your information, so we provide you with the following tools.
- Access and Updates. We strive to let you access and update most of the personal information that we have about you. There are limits though to the requests we’ll accommodate. We may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful. If you need to access, update, or delete any other personal information that we may have, you can put in a request by emailing firstname.lastname@example.org. Because your privacy is important to us, we may ask you to verify your identity or provide additional information before we let you access or update your personal information. We will try to update and access your information for free, but if it would require a disproportionate effort on our part, we may charge a fee. We will of course disclose the fee before we comply with your request.
- Revoking Permissions. If you would like to discuss limiting the data that we collect from you, please reach out to email@example.com to discuss. If you change your mind about our ongoing ability to collect information from certain sources that you have already consented to, such as your message database or WhatsApp messages (as applicable), phonebook or location services, you should delete your Account immediately. If you do not receive confirmation of your Account deletion, please notify us.
- Account Deletion. We hope you’ll remain a lifelong user of Messages Improved, but if for some reason you ever want to delete your Account, just select ‘delete account’ within the app or email us at firstname.lastname@example.org. If you do not receive confirmation of your Account deletion, please notify us.
Analytics Services Provided by Others
Our Services are not intended for—and we don’t direct them to—anyone under the age of 13. And that’s why we do not knowingly collect personal information from anyone under 13. If you are under 13 years of age you are not permitted to use our Services.
Terms of Service
LAST UPDATED: AUGUST 16, 2019
ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UP FRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE (see below). EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND MESSAGES IMPROVED AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MESSAGES IMPROVED WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
No one under the age of 13 is permitted to create an account on the Messages Improved app (an “Account”) or use the Services. We may amend the required age to use the Services or offer additional Services with differing age requirements at any time, so please review any updated Terms or communications from Messages Improved carefully.
By using the Services, you represent that:
- You can form a binding contract with Messages Improved;
- You are at least 13 years old;
- You are not a person who is barred from receiving the Services under the laws of the United States, United Kingdom or any other applicable jurisdiction, meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; and
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
2. Rights We Grant You
Messages Improved grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. These Terms will govern any upgrades provided by Messages Improved that replace and/or supplement the original Messages Improved app.
The Services are owned and operated by Messages Improved. All trademarks, service marks, and trade names are proprietary to Messages Improved or its affiliates and/or third-party licensors. You may not copy, modify, distribute, display, publish, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions, or you have our written permission to do so.
You may not use the Services on any device that you do not own or control, and you may not distribute or make the Services available over a network where they could be used by multiple devices at the same time.
The Messages Improved app or any other software made available for download are subject to the Terms and may be further subject to the provisions of any End User License Agreement specific to such software download.
3. Rights You Grant Us
Our Services may let you create, upload, post, send, receive, and store content. When you do that, you retain any ownership rights in that content you had to begin with (if any) but you grant Messages Improved a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
You alone are responsible for the content you create, upload, post, send, or store through the Services.
The Services may contain advertisements. In consideration for Messages Improved letting you access and use the Services, you agree that Messages Improved, its affiliates, and third-party partners may place advertising on the Services.
We always love to hear from our users and if you provide Messages Improved with any comments, bug reports, feedback, suggestions (“Feedback“), please be aware that Messages Improved reserves the right to use, implement, adopt or adapt the Services in line with your Feedback without contacting you or providing you with any monetary compensation. Any other non-monetary compensation or In-App Credits (as defined below) shall be at Messages Improved’s sole discretion. You hereby grant Messages Improved a worldwide, royalty-free, sublicensable, and transferable license under all rights necessary to incorporate and use your Feedback for any purpose.
4. The Content of Others
Although Messages Improved reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. Therefore, we cannot—and do not—take responsibility for any content that others provide through the Services. If you feel that any of the content that appears via our Services violates our Terms, please contact Messages Improved (email@example.com) immediately. Messages Improved does not condone any improper or illegal content included on the Services but cannot guarantee that content uploaded to the Services by users will always conform to our Terms.
6. Respecting Other People’s Rights
Messages Improved respects the rights of others and expects its users to do the same. You therefore may not upload content that is intended to (or that in fact does):
- violate or infringe someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
- bully, harass, or intimidate;
- defame; or
- contain personal information about anyone under the age of 13.
You must also respect Messages Improved’s rights. These Terms do not grant you any right to:
- use branding, logos, designs, photographs, videos, or any other materials used in our Services;
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms; or
- use the Services or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.
By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms;
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information;
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- You will not use or attempt to use another user’s account without their permission.
- You will not solicit login credentials from another user or provide your login credentials to another user;
- You will not upload content that contains pornography, graphic violence, threats, hate speech, or incitements to violence;
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services;
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- You will not probe, scan, or test the vulnerability of our Services or any system or network; and
- You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services, please do not use our Services in a way that would distract you from obeying traffic or safety laws.
8. Your Account
You are responsible for any activity that occurs in your Account, so it’s important that you keep your Account secure. You must ensure that you take all necessary precautions to restrict unauthorized access to your Account and you will be solely responsible for all activities that occur under your Account, which is linked to and verified by your telephone number. You are solely responsible for maintaining the confidentiality of your Account and for restricting access to your mobile device and you agree to accept responsibility for all activities that occur under your Account. Messages Improved expressly disclaims liability for any loss or damage resulting from unauthorized access to your Account.
By using the Services, you agree that, in addition to exercising common sense:
- You will not create more than one Account for yourself;
- You will not create another account if we have already disabled your Account, unless you have our written permission to do so;
- You will not buy, sell, rent, or lease access to your Account without our written permission; and
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your Account, please immediately reach out to us at firstname.lastname@example.org.
9. Data Charges
You are responsible for any mobile carrier charges or other third-party fees that you may incur for using our Services, including text-messaging, data and/or roaming charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
10. Modifying the Services and Termination
We’re continuously improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
While we hope you remain a life-long user of our Services, you can terminate your Account at any time and for any reason by deleting your Account.
Messages Improved may also terminate your Account (or any part thereof) at any time, for any reason, and without advanced notice. We may withdraw, amend the Services to you or any/all users or impose new or additional limits on your ability to use the Services.
To the extent any fees are charged for the Services, upon any termination of your Account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Service before termination. Termination does not give rise to any right of refund.
Regardless of the terminating party, both you and Messages Improved continue to be bound by Sections 3, 6, 11-20 of the Terms after the deletion of your Account.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Messages Improved, our managing member, members, directors, officers, employees, attorneys, consultants, agents and other representatives and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses of any kind (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use or misuse of the Services; (b) your content; (c) your communications, transactions, or dealings with third parties initiated through the Service and (d) your breach of these Terms.
Messages Improved reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Messages Improved, and you agree to cooperate with our defense of these claims. Messages Improved will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
We will endeavor to keep the Services up and running and free of annoyances, however provide no guarantee that the Services will be continuously available.
IF YOU ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MESSAGES IMPROVED MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICES OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. MESSAGES IMPROVED DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICES WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL MESSAGES IMPROVED, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR MANAGING MEMBERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES (TOGETHER, THE “RELEASEES”) BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE RELEASEES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
13. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT MESSAGES IMPROVED SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Those who access or use the Messages Improved Services do so at their own volition and are responsible for compliance with local law.
14. Arbitration, Class Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH MESSAGES IMPROVED, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Messages Improved are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and Messages Improved agree that this Section 14 constitutes a written agreement to arbitrate between you and Messages Improved (the “Arbitration Agreement”).
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.orgor by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
- Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Messages Improved. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Messages Improved.
- Waiver of Jury Trial. YOU AND MESSAGES IMPROVED WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Messages Improved are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Messages Improved over whether to vacate or enforce an arbitration award, YOU AND MESSAGES IMPROVED WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 16.
- Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
- Opt-out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Messages Improved can force the other to arbitrate. To opt out, you must notify Messages Improved in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the telephone number you used to set up your Account and your email address, and an unequivocal statement that you want to opt-out of this Arbitration Agreement. You must email your opt-out notice to: email@example.com the subject line Arbitration Opt-out.
- Small Claims Court. Notwithstanding the foregoing, either you or Messages Improved may bring an individual action in small claims court.
- Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Messages Improved.
- Exclusive Venue
15. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
17. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
18. In-App Credits
“In-App Credits” are credits or points which constitute a limited right to use features of the Services, when, as, and if allowed by Messages Improved. In-App Credits represent a set of rights governed under these Terms and any other terms or agreement identified by Messages Improved at the time of distribution and are not redeemable for any sum of money or monetary value from Messages Improved at any time. In-App Credits are not real-world currency, have no monetary value, cannot be used, exchanged, or redeemed except as provided in these Terms or in any subsequent terms or agreements issued by Messages Improved and cannot be transferred, unless a specific offer from Messages Improved becomes available in the future. You may accrue In-App Credits in a variety of ways. For example, Messages Improved may distribute In-App Credits as a promotion, in exchange for taking certain actions, for a fee, or without any fee or required action, in its sole discretion. We may charge fees for the right to exercise rights associated with In-App Credits. You agree that you do not “own” the In-App Credits and that Messages Improved has the absolute right to manage, regulate, control, modify and/or eliminate such In-App Credits in its sole discretion, in any general or specific case, and that we will have no liability to you based on its exercise of such right.
Messages Improved allows you to accumulate, convert, manage, and redeem your Mai Credits as it sees fit, and may use terms such as “buy,” “sell,” and “cost” to refer to the grant or transfer of rights to use the Service. Use of terms such as “buy” or “sell” does not indicate any ownership right. Use of terms such as “cost” does not indicate that In-App Credits have any monetary value. Use and regulation of the Service is at Messages Improved’s sole discretion.
You agree and acknowledge that we may deny or place limitations or restrictions on any purchase, issue, distribution, or redemption of In-App Credits, individually or with respect to general volume, at any time and for any reason. We may halt, suspend, discontinue, or reverse any In-App Credits transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service. Messages Improved reserves the right to revoke and terminate any/ all In-App Credits at any point.
All fees relating to the Service, including any fees charged for access to the Service and the issuance of In-App Credits are final and nonrefundable.
You are responsible for paying any governmental taxes imposed on your use of the Service, if any, including, but not limited to, sales, use or value-added taxes. If for any reason Messages Improved is obligated to collect such taxes, the applicable tax will be added to your billing account.
You agree to submit any disputes regarding any charge to your Account in writing to Messages Improved within thirty (30) days of such charge, otherwise such dispute will be waived, and such charge will be final and not subject to challenge.
You are responsible for the security of your Account and the prevention of unauthorized or fraudulent access to you In-App Credits. Messages Improved will not be liable for any unauthorized or fraudulent use of any In-App Credits.
19. Final Terms
- Other than for any members of the Messages Improved group of companies these Terms do no create or confer any third-party beneficiary rights;
- If we do not enforce a provision in these Terms, it will not be considered a waiver;
- We reserve all rights not expressly granted to you;
- You may not transfer any of your rights or obligations under these Terms without our prior written consent; and
- These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.
Messages Improved reserves the right to update, modify, add, or remove portions of the Terms at any time without prior notice. We encourage you to review the Terms periodically for changes. The Terms will identify the date of last update and the most current version will always be at http://www.messagesimproved.com/legal. If the revision, in our sole discretion, is material we shall make reasonable efforts to notify you via email, text message, in-app update, on our website or in any other manner we deem appropriate. By continuing to access or use the Services after those revisions become effective you agree to be bound by the revised Terms.
Messages Improved welcomes comments, questions, concerns, or suggestions. Please send feedback to us at firstname.lastname@example.org.