Terms of Service

This is an agreement between JustApps4All Ltd, the owner and operator of www.connecta2.im (the “ConnectA2 Site”), the ConnectA2 software (collectively, including all content provided by ConnectA2 through ConnectA2 software and the ConnectA2 Site, the "ConnectA2 Service", or the "Service"), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND CONNECTA2’S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.connecta2.im/legal.html. By using our Service, you are agreeing to these terms. Please read them carefully. If you choose to not agree with any of these terms, you may not use the Service.

ConnectA2 Service

These Terms of Service apply to all users of the ConnectA2 Service. You understand that when using ConnectA2, you will be exposed to user submissions from a variety of sources not controlled by ConnectA2. ConnectA2 is not responsible for the accuracy, safety, usefulness or Intellectual Property Rights of user submissions. By using the Service, you expressly acknowledge and agree that ConnectA2 shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You expressly acknowledge and agree that ConnectA2 shall not be held responsible for any ban from other networks due to the use of ConnectA2 Service.

ConnectA2 License agreement

Subject to your compliance with these Terms of Service, ConnectA2 hereby grants you permission to use the Service, provided that your use of the Service as permitted is solely for your personal use. You shall not: (i) assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to, the Software or any part thereof; (ii) undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or any part thereof; (iii) use the Software to provide commercial services or products to third parties; and/or (iv) remove, cover or obscure any attribution, copyright or other proprietary notices contained in or on the Software or any related documentation. You will comply with the terms and conditions of these Terms of Service and Privacy Policy.

In order to access and use the features of the Service, you acknowledge and agree that you will have to provide ConnectA2 with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, ConnectA2 may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service or users of other networks. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to ConnectA2 to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. For the ConnectA2 software, we do not collect names, addresses or email addresses, just mobile phone numbers. The ConnectA2 site collects the emails if you requested to be a member of our alpha testers or if you requested to receive our newsletter. You are solely responsible for the status messages you submit and that are displayed for your phone number on the ConnectA2 Service. You must notify ConnectA2 immediately of any breach of security or unauthorized use of your mobile phone. Although ConnectA2 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ConnectA2 or others due to such unauthorized use.

Usage Rules

If you are downloading the Software from a third party mobile device platform or service provider ("Distributor"), please be aware that the Distributor may have established usage rules which also govern your use of the Software ("Usage Rules"). In addition to any Distributor Usage Rules that may be set forth herein, you acknowledge that other Distributor Usage Rules may also apply to and govern your use of the Software. You affirm that prior to downloading the Software from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Software; if you are unable to make such a representation you are prohibited from installing and/or using the Software.

Status Submissions

The Service allows users to submit status text, profile photos and other communication, as well as the automatic submission of “last seen” status (all together, the "Status Submissions"). The submission of your 'last seen' status is done on an automatic basis. These Status Submissions may be hosted, published and/or shared as part of the Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone. Direct messages, photos or files that you send directly to other Service users will only be viewable by those user(s) or group(s) you directly send such information; but Status Submissions may be globally viewed by Service users that have your mobile phone number on their phone. You acknowledge and agree that any users that have your phone number may view your Status Submissions.

You shall be solely responsible for your own Status Submissions and the consequences of sharing or publishing them. Because ConnectA2 is only acting as a data repository, user submitted statuses do not necessarily represent the opinions or views of ConnectA2, and ConnectA2 makes no guarantees as to the validity, accuracy or legal status of any status. In relation to Status Submissions, you affirm, represent, and/or warrant that: (i) you have or own the necessary consents, rights, permissions, and licenses to use and authorize ConnectA2 to use all trade secret, patent, copyright, trademark, or other proprietary rights in and to all Status Submissions to enable their inclusion and use as Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written release, consent, and/or permission of every individual person in the Status Submission to use the name or likeness of every individual person for their inclusion and use in the Status Submissions in the manner contemplated by the Service and these Terms of Service. You also hereby grant each subscriber to your status on the Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the Service.

In connection with Status Submissions, you also agree that you will not: (i) submit material that is protected by trade secret, copyrighted or otherwise subject to third party proprietary rights, including publicity and privacy rights, unless you are the owner of such rights or have permission from their owner to post the material and to grant ConnectA2 all of the license rights granted herein; (ii) publish misrepresentations that could damage ConnectA2 or any third party; (iii) submit material that is obscene, unlawful, libelous, defamatory, harassing, threatening, hateful, ethnically or racially offensive, or encourages conduct that would give rise to civil liability, be considered a criminal offense, violate any law, or is otherwise inappropriate; (iv) post solicitations of business or advertisements; (v) impersonate another person; (vi) store or send material containing software Trojan horses, worms, viruses or other harmful computer code, scripts, files, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

Adult content must be identified as such. ConnectA2 does not endorse any Status Submission or any advice, opinion, or recommendation expressed therein, and expressly disclaims all liability in connection with Status Submissions. ConnectA2 does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and will remove all content and Status Submissions if properly notified that such content or Status Submission infringes on another's intellectual property rights.

You understand that when using the Service you will be exposed to Status Submissions from a variety of sources, and that ConnectA2 is not responsible for the safety, usefulness, accuracy, or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not the responsibility of ConnectA2. You further understand and acknowledge that you may be exposed to Status Submissions that are offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ConnectA2 with respect thereto, and agree to indemnify and hold ConnectA2, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

Intellectual Property Rights

The content of the ConnectA2 Service, including without limitation the documents, text, software, products, scripts, graphics and services provided, except Status Submissions, and the trademarks, service marks and logos contained therein are owned by or licensed to ConnectA2, subject to copyright and other intellectual property rights under the international conventions, except the graphical user interface which code will be published under License AGPL. The Service is provided to you AS IS for your information and personal use only. ConnectA2 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 use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes. ConnectA2 may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the Intellectual Property Rights of others.

LIMITATION OF LIABILITY AND WARRANTY

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND CONNECTA2, SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CONNECTA2 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CONNECTA2 DOES NOT WARRANT THAT THE SITE, SERVICES OR MATERIALS WILL PROVIDE UNINTERRUPTED OR ERROR-FREE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT CONNECTA2 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. CONNECTA2 DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, MATERIAL, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS' SUBMISSION. YOU ARE SOLELY RESPONSIVE FOR YOUR INTERACTION WITH OTHER CONNECTA2 USERS OR USERS FROM OTHER NETWORKS. UNDER NO CIRCUMSTANCES SHALL CONNECTA2, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SERVICES, MATERIALS OR THE SITE EVEN IF CONNECTA2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CONNECTA2 OR FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Indemnity

You agree to indemnify, defend and hold harmless ConnectA2, its parent corporation, officers, directors, employees and agents, from and against any and all claims, losses, damages, obligations, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ConnectA2 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, trademark, or other intellectual property right, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ConnectA2 Service.

Ability to Accept Terms

You affirm that you are able by law to enter into these Terms, or possess legal parental or guardian consent to enter into these Terms, and to comply with these Terms. Users younger than 18 years of age must obtain consent from their parents or legal representatives before they provide any personal information in order to use the Service.

General

ConnectA2 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 ConnectA2 Service. Your continued use of the ConnectA2 Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. These Terms as they may be amended represent the entire understanding relating to the use of the Site and Service and prevail over any prior or contemporaneous, conflicting or additional, communications. Terms of Services and the Privacy Policy shall be governed by and construed in accordance with the laws of the United Kingdom without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to these Terms shall be filed in courts located in the United Kingdom only, provided that ConnectA2 may pursue equitable or injunctive relief in any court of competent jurisdiction, and You hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action. 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. The failure of ConnectA2 to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. These Terms comprise the entire agreement between you and ConnectA2 and supersede all prior or contemporaneous agreements between the parties regarding the subject matter contained herein. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.



Privacy Notice

We provide this policy (“Private Policy”) explaining our online information practices related to the ConnectA2 software. If you do not agree to our practices, please do not use the ConnectA2 Site, ConnectA2 Software, or ConnectA2 Service. This Privacy Policy is incorporated into and is subject to the ConnectA2 Terms of Service. Your use of the ConnectA2 Site, ConnectA2 Software and the ConnectA2 Service and any personal information you provide on the ConnectA2 Site or ConnectA2 Service remains subject to the terms of this Privacy Policy and our Terms of Service.

Please note that Status Submissions or other content posted at the direction or discretion of users of ConnectA2 Service becomes published content and is not considered “Personally Information” subject to this Privacy Policy.

We respect your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”). ConnectA2 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:
- User Provided Information: You provide certain Personal Information such as your mobile phone number, name and mobile device information to ConnectA2 when choosing to register as a user. In order to provide the ConnectA2 Service, ConnectA2 will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other ConnectA2 users or other networks users. You might also provide some Personal Information as your email to our website, if you requested to be part of the alpha testers or if you requested to receive our newsletter.
- Cookies Information: To provide the best possible service to you, as well as for maintenance and security purposes, Cookies will be used to store your settings, to record access figures as well as monitoring usage patterns
and statistics. You can choose to deactivate Cookies, however in such circumstances you will not be able to use parts of the Service which require Cookies to be active such as those required to login. - Log File Information: When you use the ConnectA2 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. Such information will be used to analyze user environments, thereby enabling the ConnectA2 site to provide a better Service, as well as to prevent any unauthorized/fraudulent practices which interfere with normal Service operations

The ConnectA2 Software collects mobile phone numbers but does not collect names, emails, addresses or any other contact information from its users’ mobile address book or contact lists—the ConnectA2 mobile application will associate whatever name the ConnectA2 user has assigned to the mobile telephone number in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself and not on ConnectA2’s servers and is not transmitted to ConnectA2. The ConnectA2 site collects the emails if you requested to be a member of our alpha testers or if you requested to receive our newsletter. We do not collect location data, but users may voluntarily share their location with other users via the ConnectA2 Service. You specifically acknowledge that ConnectA2 shall not be liable for any use or misuse that other network providers might apply to you when you connect to their services.

The contents of messages that have been delivered by the ConnectA2 Service are not copied, kept or archived by ConnectA2 in the normal course of business. As with an SMS, users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a ConnectA2 user or from another network), if that recipient is online. If the recipient is not online, the undelivered message is held in ConnectA2’s 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, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by ConnectA2 — 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).

If you submit Personal Information to us through the ConnectA2 Site, or ConnectA2 Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the ConnectA2 Site and ConnectA2 Service. In particular, your mobile phone number is essential to your use of the ConnectA2 Service and will be retained. Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with ConnectA2. Any Personal Information that you voluntarily disclose on the ConnectA2 Service becomes publicly available and may be collected and used by other users of the ConnectA2 Service. Your name (as saved in other user's mobile contact list) may be displayed to other users when you update your status messages through the Service and other users may contact you through it. We do not use your mobile phone number or other Personal 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, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major ConnectA2 Site or ConnectA2 Service changes or for customer service purposes). We may use both your Personal Information and certain non-personal information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the ConnectA2 Site and ConnectA2 Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the ConnectA2 Service or ConnectA2 Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

Other users of the Service may see your Status Submissions. For example, a status "At work" for a user will be available to every user of the Service who has that user’s mobile phone number in their mobile phone’s contact list. If a user has your mobile phone number stored in their mobile phone contact list, they will be able to see your status information. “Last Seen” information is available and displayed to each user who has your mobile phone number in their mobile phone contact list and shows the last approximate time the application has been used or brought to the foreground on your mobile phone.

We do not sell or share your Personal Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent. We may share your Personal Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the ConnectA2 Service. We may collect and release Personal Information and/or non-personal information if required to do so by law, or in the good-faith belief that such action is necessary to comply with 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. ConnectA2 also reserves the right to disclose Personal Information and/or non-personal information that ConnectA2 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 ConnectA2 Site or our servers, and to protect the rights, property, or personal safety of ConnectA2, our users or others.

You may, of course, decline to submit Personal Information through the ConnectA2 Site or the ConnectA2 Service, in which case ConnectA2 may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the ConnectA2 mobile application and discontinue use of the ConnectA2 Service; your continued usage of the ConnectA2 Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the ConnectA2 Service. Please contact ConnectA2 via email to support at connectA2.im with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

We cannot ensure or warrant the security of any information you transmit to ConnectA2 and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the ConnectA2 Service is never recommended. Once we receive your transmission of information, ConnectA2 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 ConnectA2 learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. ConnectA2 may post a notice on the ConnectA2 Site or through the ConnectA2 Service if a security breach occurs.

This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the ConnectA2 Site and ConnectA2 Service constitutes your agreement to this Privacy Policy and any amendments.

Date Last Modified:

These Terms of Service and Privacy Notice were last modified January 9th, 2014