Last revised on 03/06/2019
We may make changes to this agreement and to the services from time to time. We may do this for a variety of reasons including, to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this agreement will be posted on the service under Settings, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the service or via email. If you continue to use the service after the changes become effective, you automatically agree to the updated agreement.
You must be at least 18 years old to create an account on MessYou and use the service. By creating an account and using the service, you declare and guarantee that:
You can enter into a binding contract with MessYou.
You're not excluded from using MessYou fx. because you've previously been banned from us.
You will comply with this agreement and all applicable laws and regulations regarding this matter.
You're responsible for maintaining the confidentiality of your login credentials you use to sign up to MessYou, and you're solely responsible for all activities that occur under those credentials. If you suspect someone has gained access to your account, please contact us immediately.
Modifying the Service and Termination
MessYou is always striving to improve the service and bring you additional functionality that you will find fun, engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them down. We may even remove the service entirely, in which event we will notify you in advance unless justifying circumstances, such as safety or security concerns, prevent us from doing so.
If you wish to terminate your account, you can do so at anytime, for any reason. Simply log in to your MessYou account and send us a message with your wish for termination. The cancellation of your MessYou account will cause all your data such as your profile, photos, messages and likes to be deleted. Please note that only deleting your MessYou app will not delete your account or purchase.
MessYou may terminate your account at any time without notice if we have reason to believe, that you've violated this agreement. Upon such termination, you will not be entitled to any refund for purchases.
Safety: Your Interactions with Other Members
Though MessYou strives to encourage a respectful user experience through features, it is not responsible for the conduct of any user on or off of the service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the service or meet in person. In addition, you agree to review and follow MessYou's Safety Advice, located on MessYou, prior as well as after you start using the service. Furthermore, you agree that you will not provide your financial information (fx. your credit card or bank account information), or wire or otherwise send money to other members.
Please note: You're solely responsible for your interactions with other members. You understand that MessYou doesn't conduct criminal background checks on its members or otherwise inquire into the background of its members. MessYou makes no representations or warranties regarding the behaviour of members, as well as outside of MessYou.
Rights MessYou Grants You
MessYou grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the service. This license is for the sole purpose of letting you use and enjoy the service's benefits as intended by MessYou and permitted by this agreement. Therefore, you agree not to:
Use the service or any content contained in the service for any commercial purposes without our written consent.
Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material photos, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the service without MessYou's prior written consent.
Express or imply that any statements you make are endorsed by MessYou.
Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the service or its contents.
Use the service in any way that could interfere with, disrupt or negatively affect the service or the servers or networks connected to the service.
Upload viruses or other malicious code or otherwise compromise the security of the service.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the service.
“Frame” or “mirror” any part of the service without MessYou's prior written authorisation.
Use meta tags or code or other devices containing any reference to MessYou or the service (or any trademark, trade name, service mark, logo or slogan of MessYou) to direct any person to any other website for any purpose.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the service, or cause others to do so.
Use or develop any third-party applications that interact with the service or other members' content or information without our written consent.
Use, access, or publish the MessYou application programming interface without our written consent.
Probe, scan or test the vulnerability of our service or any system or network.
Encourage or promote any activity that violates this agreement.
The company may investigate and take any available legal action in response to illegal and/or unauthorised use of the service, including termination of your account.
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.
Rights you Grant MessYou
By creating an account, you grant MessYou a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorise us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the service or transmit to other members (collectively, “content”). MessYou's license to your content shall be non-exclusive, except that MessYou's license shall be exclusive with respect to derivative works created through the use of the service. Fx., MessYou would have an exclusive license to screenshots of the service that include your content. In addition, so that MessYou can prevent the use of your content outside of the service, you authorise MessYou to act on your behalf with respect to infringing use of your content taken from the service by other members or third parties.
Our license to your content is subject to your rights under applicable law (fx. laws regarding personal data protection to the extent any content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the service and researching and developing new ones.
You agree that any content you place or that you authorise us to place on the service may be viewed by other members and may be viewed by any person visiting or participating in the service (such as individuals who may receive shared content from other MessYou members).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the content on the service and grant the license to MessYou above.
You understand and agree that we may monitor or review any content you post as part of a service. We may delete any content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for MessYou allowing you to use the service, you agree that we, our affiliates, and our third-party partners may place advertising on the service. By submitting suggestions or feedback to MessYou regarding our services, you agree that MessYou may use and share such feedback for any purpose without compensating you.
You agree that MessYou may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (I) comply with legal process; (II) enforce this agreement; (III) respond to claims that any content violates the rights of third parties; (IV) respond to your requests for customer service; or (V) protect the rights, property or personal safety of the company or any other person.
By using the Service, you agree that you will not:
Use the service for any purpose that is illegal or prohibited by this agreement.
Use the service for any harmful or nefarious purpose.
Use the Service in order to damage MessYou.
Spam, solicit money from or defraud any members.
Impersonate any person or entity or post any photos of another person without his or her permission.
Bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
Post any content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
Post any Content that is hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
Post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Request passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his/her permission.
Use another member's account.
Create another account if we've already terminated your account, unless you have our permission.
MessYou reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this agreement, misused the service or behaved in a way that MessYou regards as inappropriate or unlawful, including actions or communications that occur on or off the service.
Other Members' Content
Although MessYou reserves the right to review and remove content that violates this agreement, such content is the sole responsibility of the user who posts it, and MessYou cannot guarantee that all content will comply with this agreement. If you see content on the service that violates this agreement, please report it within the service or via info@MessYou.com.
In App Purchases
From time to time, MessYou may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorised by MessYou (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your software store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some software stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow the instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the MessYou application from your device. Deleting your account on MessYou or deleting the MessYou application from your device doesn't cancel your subscription; MessYou will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
MessYou Online Purchases
If you choose to make a purchase through MessYou online, you agree to pay MessYou all charges at the prices displayed to you for the services you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorise MessYou to charge your chosen payment provider (your “Payment Method”). MessYou may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, MessYou may terminate your account immediately in its sole discretion.
If you purchase a subscription through MessYou online, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature.
If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “Membership” on MessYou and follow the instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may edit your Payment Method information by visiting MessYou Online and going to “My Profile”. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your subscription, you remain responsible for any uncollected amounts and authorise us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorise us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your payment method and may be determined by agreement between you and the financial institution, credit card issuer or other provider of your chosen payment method.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
Purchases of virtual items are final and non-refundable.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not MessYou. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through MessYou online: please contact info@MessYou.com with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or MessYou online (you can find this on your confirmation email).
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on the service in a way that constitutes copyright infringement, please provide us with the following information:
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the service (and such description must be reasonably sufficient to enable us to find the alleged infringing material).
Your contact information, including address, telephone number and email address
A written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
MessYou will terminate the accounts of repeat infringers.
MessYou provides the service on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. MessYou doesn't represent or warrant that (a) the service will be uninterrupted, secure or error free, (b) any defects or errors in the service will be corrected, or (c) that any content or information you obtain on or through the services will be accurate. MessYou takes no responsibility for any content that you or another user or third party posts, sends or receives through the services. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk.
Third Party Services
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. MessYou is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our service, such party's terms will govern their relationship with you. MessYou is not responsible or liable for such third parties' terms or actions.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will MessYou, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (I) your access to or use of or inability to access or use the services, (II) the conduct or content of other users or third parties on, through, or following use of the services; or (III) unauthorised access, use or alteration of your content, even if MessYou has been advised of the possibility of such damages. In no event will MessYou's aggregate liability to you for all claims relating to the service exceed the amount paid, if any, by you to MessYou for the service while you have an account.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless MessYou, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of the service, your content, or your breach of this agreement.
Entire Agreement; Other