1. Your Acceptance
, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
2. Open messenger Service
These Terms of Service apply to all users of the Open messenger Service.
Information provided by our users through the Open messenger Service may contain links to third party websites that are not owned or controlled by Open messenger. Open messenger has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Open messenger will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Open messenger shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
The service exposes a PUBLIC board populated by contents uploaded by its users.
You accept that the submitted content can be accessed, viewed and therefore used by anyone having the link to it.
You retain all rights in, and are solely responsible for, the content you submit to the PUBLIC board.
Any content submitted to the PUBLIC board can be deleted without notice by the Service with unchallengeable judgment and/or if a copyright infringiment occur.
3. Open messenger Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Open messenger with at least one of the supported social network personal information (which can, in future, also include your mobile phone number). You expressly acknowledge and agree that in order to provide the Service, Open messenger will access your contact lists (and/or address book on your mobile device) to find other users of the Service. You hereby give your express consent to Open messenger to access your contact list in order to provide and use the Service. On each social network you choose to authenticate, we collect your public name, the link to your personal page on the social network and the link to the public personal image. You must notify Open messenger immediately of any breach of security or unauthorized use of your personal information. Although Open messenger will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Open messenger or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders", "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Open messenger servers in a given period of time than a human can reasonably produce in the same period by using the Open messenger application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Open messenger grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Open messenger reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Open messenger clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The Service is provided to you AS IS for your information and personal use only.
Open messenger reserves all rights not expressly granted in and to the Service.
You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of "Availability token" Submissions of third parties obtained through the Service for any commercial purposes.
All contents posted on the PUBLIC board are publicly accessible and the Service can unconditionally and irrevocabily remove them without notice.
5. "Availability token" submissions
A. Once authenticated on a social network, Open messenger will store a "Availability token" associated to your account which can be viewed by other Open messenger users. For clarity, direct messages, location data and photos or files that you send directly to other Open messenger users will only be viewable by those Open messenger user(s) or group(s) you directly send such information.
B. You shall be solely responsible for your own "Availability token" submissions and the consequences of publishing them. In connection with "Availability token" submissions, you affirm, represent, and/or warrant that: (i) your will to be included and therefore added by other Open messenger users for the purpose of starting a conversation.
C. You understand that when using the Open messenger Service, Open messenger is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such "Availability token" submissions, and that such "Availability token" submissions are not the responsibility of Open messenger.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE OPEN MESSENGER SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN MESSENGER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. OPEN MESSENGER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OPEN MESSENGER SERVICE. OPEN MESSENGER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OPEN MESSENGER SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER MESSAGE OR OTHER ADVERTISING, AND OPEN MESSENGER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT OPEN MESSENGER SHALL NOT BE LIABLE FOR "AVAILABILITY TOKEN" 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.
The Service is offered by Open messenger from its paid providers (OVH) in France. Open messenger makes no representations that the Open messenger Service is appropriate or available for use in other locations. Those who access or use the Open messenger Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Open messenger, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Open messenger Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your "Availability token" submission caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Open messenger Service.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or 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 these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the Open messenger Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Open messenger Service. Gioacchino De Fusco is the developer of the Service, with an address at Via G. Brodolini, #2, Ceccano, FR, Italy, info at gdverse.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Open messenger without restriction.
and any other legal notices published by Open messenger, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Open messenger concerning the Open messenger Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Open messenger's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Open messenger reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Open messenger Service. Your continued use of the Open messenger Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND OPEN MESSENGER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OPEN MESSENGER SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Information Open messenger Collects
Open messenger may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as at least one of the social networks authentication personal information, push notification name (if applicable), and mobile device information to Open messenger when choosing to participate in various uses of the Open messenger Service, such as registering as a user or requesting status for your contacts.
Cookies Information: When you visit the Open messenger Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Open messenger uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Open messenger Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the Open messenger Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Open messenger Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and contact identifications the messages were sent from and to.
The Information Open messenger Does Not Collect
Open messenger does not collect emails, addresses or other contact information from its users’ contact lists other than names, public image (avatar) links and public page links. We do not collect location data, but users may voluntarily share their location with other users via the Open messenger Service.
The contents of messages that have been delivered by the Open messenger Service are not copied, kept or archived by Open messenger in the normal course of business. The Open messenger Service is meant to be a SMS replacement, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a Open messenger user), if that recipient is online. If the recipient is not online, the undelivered message is held in Open messenger server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered and read by the intended recipient, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by Open messenger — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Notwithstanding the above, Open messenger may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Open messenger is legally compelled to collect. Files that are sent through the Open messenger Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
The Way Open messenger Uses Information
If you submit Personally Identifiable Information to us through the Open messenger Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Open messenger Service. In particular, one or more social networks identifications are essential to your use of the Open messenger Service and will be retained. We do not use your Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Open messenger Site and Open messenger Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we'll be able to improve the Open messenger Site and Service.
When Open messenger Discloses Information
Other users of the Open messenger Service may see your "Availability token" submission in a way that is consistent with the use of the Open messenger Service. For example, your Facebook friends can perform a search and will see if you are available to open a conversation. they will be able to send you messages unless you have chosen to block such users or you revoked your "Availability token". “Last Seen” information is available to each user who has already open a conversation with you. “Last Seen” information is reported to Open messenger when a user open a specific conversation with one of its contacts or groups.
We do not sell or share your Personally Identifiable Information (such as name) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Open messenger Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Open messenger Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Open messenger also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Open messenger believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Open messenger Site or our servers, and to protect the rights, property, or personal safety of Open messenger, our users or others.
Third-party Advertisers, Links to Other Sites
We are not fans of advertising. Open messenger is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.
Our Commitment To Data Security
Open messenger uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Open messenger and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Open messenger Service is never recommended. Once we receive your transmission of information, Open messenger makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Open messenger learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Open messenger may post a notice on the Open messenger Site or through the Open messenger Service if a security breach occurs.
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason, Open messenger does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Open messenger Site or Open messenger Service from persons under 18 years of age, and no part of the Open messenger Service is directed to or intended to be used by persons under 18. If you are under 18 years of age, then please do not use the Open messenger Service or access the Open messenger Site at any time or in any manner. If Open messenger learns that Personally Identifiable Information of persons under 18 years of age has been collected on the Open messenger Site or Open messenger Service, then Open messenger may deactivate the account and/or make the "Availability token" submissions inaccessible.
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that Open messenger is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
Date Last Modified:
This Privacy Notice was last modified February 16th, 2018