Last modified: December 2019
Dear Customer,
Thank you for using the services powered by the Socializer Messenger mobile application (“Soc. Messenger”). We will refer to all these services as “Services”. By registering with Soc. Messenger you warrant to have the necessary legal capacity and understanding to commit to the terms of use (“Terms”) set out herein. The Terms are the basic rights and obligations between us when you use the Services and constitute a binding agreement (“Agreement”) between you and MeMo News AG (“MeMo News”), Seestrasse 60, CH-6052 Hergiswil, Switzerland.
PLEASE BE AWARE THAT WITH SOCIALIZER MESSENGER YOUR DATA IS STORED ENCRYPTED ON YOUR SMARTPHONE. IF YOU FORGET A PASSWORD, MEMO NEWS WILL, AS WE PROTECT YOUR PRIVACY, NOT BE IN A POSITION TO RECOVER SUCH DATA, WHICH THEN IS LOST.
Please note that Soc. Messenger is not a replacement for your mobile or fixed line telephone and does not allow you to make emergency calls to emergency services such as police, fire brigade, or emergency medical services. To ensure that you can make such calls you must make alternative communication arrangements.
Mobile coverage is determined pursuant to your underlying mobile contract. When using a Wi-Fi hotspot please note that communication through Soc. Messenger can be interrupted when leaving the area covered by the hotspot.
Support for Soc. Messenger and the offered Services shall only be provided online by e-mail ([email protected]).
Some features of the Services may be subject to further terms and conditions, which you should read before making use of them and which add up to these Terms. Please understand that anyone who has your phone number may call you or send you communications through our Services and anyone you send a communication can use its content as he or she desires.
We are always optimizing and adding features to our Services. Therefore, and because laws and regulations change, we may revise and reissue these Terms from time to time. By installing updates to Services you consent and agree to so updated Terms. If you do not agree to such Terms, you should stop using our Services or close your Soc. Messenger user account (“Account”). Your continued use of any of our Services will be deemed as your acceptance of updated Terms.
The information you provide us with to use the Services must be accurate. To use the Services or some of the features offered in them, you will be asked to provide true and complete registration details. If we believe that the details are not correct, current, or complete, we are entitled to prevent you from accessing Soc. Messenger and Services, or any features thereof, and to terminate or suspend your Account.
Our Services and the characters, logos, or other images, materials, and content appearing or incorporated in our Services (“Materials”) are protected by copyrights, patents, trade secrets, or other proprietary rights (“Copyrights”) and/or as registered or unregistered trademarks, trade names, and/or service marks (“Trademarks”). Such Copyrights and/or Trademarks are owned by MeMo News and/or others. MeMo News or its licensors own the title, copyright, and other intellectual property rights in the Services and Materials. By using our Services, you do not acquire any ownership rights in Services and/or Materials.
MeMo News shall grant you a limited, non-exclusive, non-transferrable, revocable and non-sub-licensable license (“License”) to use the Services and Materials, which is subject to your compliance with the Terms. You may not modify or use the Services and/or Materials for any purpose not permitted by these Terms. Prohibited use violates these Terms and may be Copyrights and/or Trademarks protected by law.
You may access and display Materials for non-commercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you own or control. Unless specifically authorized by MeMo News, Materials may not be otherwise copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used. It is prohibited to decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software of the Services into a readable form, to examine the construction of such software and/or to copy or create other products based on or derived from such software. You are not allowed to rent, lease, lend, sell, redistribute or sublicense Materials and/or the Services.
If you contravene the Terms, including the License, MeMo News has the right to withdraw the License at any time without notice. If due to such contravention caused by you MeMo News is threatened by a law suit or sued, you shall indemnify MeMo News against any third-party claims.
You may only use any Service and its contents for lawful purposes and in accordance with applicable laws and regulations. You are prohibited from storing, distributing, or transmitting any unlawful material through Services. If doing so you may be subject to criminal and/or civil liability. You agree that if a third-party claims that material you have communicated with a Service is unlawful, it is your burden to establish that it is lawful. You acknowledge that the sender of material communicated with a Service is solely responsible for its contents and legality, and not MeMo News.
Communication and using Services between Soc. Messenger users is free of charge if both users are connected to Wi-Fi. In case of connection through mobile data network, such communication will use some of the data allowance of the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage. Please note that you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges of your mobile network operator.
With respect to Soc. Messenger, you consent to MeMo News tracking and analyzing usage behavior. The tracking and analysis shall be done in anonymous form, with the exception of the IP address.
You further agree to the following data being compiled and analyzed:
To analyze usage behavior, MeMo News works together with foreign firms and therefore transmits anonymous data outside of Switzerland. MeMo News shall use best efforts that any third parties it works with are bound by the same data protection and data security provisions as MeMo News and that they may only process such data to the same extent as MeMo News is entitled. Furthermore, only the data required for the particular mandate may be made available to third parties for processing.
Please note that you are responsible for protecting the data on your Account and device, in particular from third-party access. MeMo News recommends that you protect your device at least with a password. You are responsible for all activities under your Account. MeMo News will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. Additionally, you may be held liable for any losses incurred by MeMo News or another parties due to someone else using your Account.
You acknowledge and agree that MeMo News does not guarantee that Services always operate without any interruptions or faults. The usage of Services is at your own risk. Impairments and malfunctions associated with the installation or usage of Services cannot be excluded.
The Agreement enters into force when you register for Soc. Messenger and the Services it provides and extend for an indefinite period. The Agreement comes into effect exclusively between you and MeMo News.
MeMo News makes no representation that a Service is available for use or permitted by law in any particular location. To the extent you choose to access a Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
With the use of Services you agree to allow MeMo News to send you recommendations, advertisements, coupons and other forms of promotional material. You agree not to restrict the access and display of such material for as long as you use Services.
You can terminate the Agreement at any time by deleting/uninstalling Soc. Messenger. If you uninstall Soc. Messenger you may transfer or delete data stored through Soc. Messenger on your device. Upon uninstalling the App all personal data from your usage such as messages and contacts will be removed permanently. If you reinstall the application after this time it would be considered a new clean installation.
MeMo News shall at all times have the right and be entitled to modify or discontinue, temporarily or permanently, all or any part of a Service and/or any software, facilities, and services on this Service, with or without notice and/or to establish general guidelines and limitations on their use.
The Agreement shall be governed by the laws of Switzerland. The place of jurisdiction shall be Zug, except a mandatory place of jurisdiction applies.
Please review the following documents, which provide additional information about your use of our services:
Privacy PolicyAnnex B: Voice calls to Public Switched Telephone Network (PSTN)