Last Modified: September 28, 2017

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This is an Android app. Do not install it on an iPhone.

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Welcome to our services in beta, which we refer to as the “Services.” You can send your friends text messages and images enhanced in numerous ways, from freestyling tools to filters, without advertisements. We don’t sell any of your data or the information you send. In fact, we typically don’t retain your messages for more than 6 months.

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By using the Services, you agree to this Terms of Service (which we call the “Terms”). If you don’t agree with them, please don’t use the Services.

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EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE BELOW, YOU AND INGENIOSHARE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND INGENIOSHARE WAIVE ANY RIGHT TO JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-ACTION WIDE ARBITRATION.

 

1. Who Can Use the Services

The Services are for personal use only. You must be at least 13 to create an account or use the Services.

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By using any of the Services, you are accepting all the Terms and you confirm that you have the right and capacity to enter into this agreement to accept all the Terms.

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2. Your Rights to Use the Services

IngenioShare grants you a personal, worldwide, royalty-free, non-transferable, non-assignable, non-exclusive, revocable, and non-sublicensable license to (a) access and use the Services for your non-commercial use and (b) download, install and use the IngenioShare application on one or more mobile device(s) (e.g. cell phone and/or tablet), for the sole purpose of letting you enjoy the Services in ways that the Terms allow.

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You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

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3. Rights You Give Us

Our Services let you create, upload, post, send, receive, and store content. When you do that, you keep the ownership rights you had in the content to begin with. But you grant us a worldwide, royalty-free, non-exclusive, fully-paid, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, distribute, and otherwise use the content for the purpose of operating, developing, providing, and improving the Services, researching and developing new services and using it as described in the following Privacy Policy under Section 5.

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In our normal course of business, we do not review or screen your content. You are responsible for the content that you send through the Services, including for back up of that content.

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4. Others’ Content

The content on our Services is produced by users. Such content is the sole responsibility of the person that submitted it. In our normal course of business, we do not review any of it. So, we do not take responsibility for any content that others provide through the Services, and we cannot guarantee that content on the Services will always conform to our Terms.

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5. Privacy Policy

Our Services are in beta. It allows you to freely communicate with others. You can send photos to friends and touch base with family via chats.

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When you use our Services, you’ll share some information with us. Though we don’t plan to sell your information or use it to show you ads, the sharing can affect your privacy. So, we want you to be aware of the information we collect, and how we use and share it.

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a.   Information We Collect. When you interact with our Services, we collect the information that you choose to share with us. For example, our Services require you to set up an IngenioShare account, so we need to collect a few details about you, such as a unique username you’d like to go by, a password, an email address, and a phone number. To make it easier for others to find you, we may also ask you to provide us with some additional information that will be publicly visible on our services, such as profile pictures, or other useful identifying information. Of course, you’ll also provide us whatever information you send through the Services, such as chats to your friends.

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When you use our Services, we may also collect information about any of the Services you’ve used and how you’ve used them. For example, we may collect information about how you communicate with other IngenioShare users, such as their names, the time and date of your communications, and your interactions with messages. Also, some of our services require us to collect images and other information from your device’s camera and photos. For example, you won’t be able to upload photos from your camera roll unless we can access your camera or photos.

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b.   Using Information. With the information we collect, we provide you our Services, including developing, operating, delivering, and maintaining our services; sending you communications, if necessary; and enhancing the safety and security of our Services. 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 faster.

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c.   Sharing Information. We may share information about you with other IngenioShare users, including any information you have consented for us to share, and content you post or send. Your username and profile picture are shared with all IngenioShare users.

We may share your information with third parties for legal reasons. For example, we may share information about you if we reasonably believe that disclosing the information is needed to comply with any valid legal process, governmental request, or applicable law, rule, or regulation; to investigate, remedy, or enforce potential Terms violations; to protect the rights, property, and safety of us, our users, or others; and to detect and resolve any fraud or security concerns.

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d.   Keeping Information. We will normally delete messages that are older than 6 months. However, we may need to suspend deletion if we receive a valid legal request asking us to preserve content, or if we receive reports of abuse or other Terms violations. Further, we may also retain certain information in backup as required by law.

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6. Respecting the Rights of Others

You agree you will not use the Services in a manner that (a) violates or infringes someone else’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is false, intentionally misleading, illegal or promotes an illegal activity or that impersonates any other person or entity; (c) bullies, harasses, or intimidates; (d) contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (e) defames; (f) is harmful to minors in any way or targeted at persons under the age of 13; (g) requests any form of identification or illegal content from our users; or (h) spams or solicits our users to purchase anything.

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You agree not to use the Services to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including email addresses or usernames, without their consent; (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services; or (d) attempt to gain unauthorized access to the Services or servers or networks connected to the Services.

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7. Your Account

You are responsible for any activity that happens in your account. So please keep your account secure, such as by using a strong password that you have not used for any other account.

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By using the Services, you agree that you will not (a) buy, sell, rent or lease access to your IngenioShare account or username unless you have our written permission first; (b) log in or try to access the Services through unauthorized third-party applications.

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If you think that someone has gained access to your account, please immediately contact us via the Contact Form at www.ingenioshare.com.

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8. Data Charges

You are responsible for any mobile charges when you use our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

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9. Copyright

Our policy allows copyright owners to request removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights.

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If you believe that one of our users is using IngenioShare to unlawfully infringe the copyright(s) in your work, and want to have the material removed, please provide the following information in writing to the Contact Form at www.ingenioshare.com:

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(1) your physical or electronic signature;
(2) identification of the copyrighted work(s) that you claim to have been infringed;
(3) identification of the material on our Services that you claim is infringing and that you request us to remove;
(4) sufficient information to permit us to locate such material;
(5) your address, telephone number, and e-mail address;
(6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
(7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. 

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Please note that any misrepresentations in a written notification automatically subject the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. 

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10. Third Party Services

If you use a service, feature or product offered by a third party (including those we jointly offer with a third party), that third party’s terms will govern their relationship with you. IngenioShare is not responsible or liable for the third party’s terms or content on third party services or actions taken under the third party’s terms. IngenioShare does not conduct a detailed review of and makes no promises about the third party’s services.

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11. Modifying the Services and Termination

We may add or remove features, products or functionality, and we may also suspend or stop the Services at any time without notice.

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We may disable your account, impose limits on your ability to use our Services, and/or terminate relationship with you regarding the use of any Services at any time, for any reason, and without advanced notice. We will not be liable to you for disabling your account and/or services.

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Regardless of whether IngenioShare disabling your account and/or terminating relationship with you regarding the use of any Services, both you and IngenioShare continue to be bound by Sections 3, 6, and 11-19 of the Terms.

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12. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless IngenioShare, our affiliates, directors, officers, affiliates, employees, and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (a) your use of the Services; (b) your content; or (c) your violations of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims.

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13. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, INGENIOSHARE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. INGENIOSHARE IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONDUCT OR USER CONTENT ON ITS SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH INGENIOSHARE WILL BE RESPONSIBLE FOR.

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14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INGENIOSHARE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF INGENIOSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

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15. Resolution of Disputes

YOU AND INGENIOSHARE AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

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1. You and IngenioShare agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory 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 IngenioShare 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.

2. 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”) and will be governed by the AAA Consumer Arbitration Rules. 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 arbitration will be conducted by a single neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

3. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and IngenioShare. 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 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 IngenioShare.

4. Waiver of Jury Trial. YOU AND INGENIOSHARE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and IngenioShare are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and IngenioShare over whether to vacate or enforce an arbitration award, YOU AND INGENIOSHARE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

5. 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.

6. Small Claims Court. Notwithstanding the foregoing, either you or IngenioShare may bring an individual action in small claims court.

7. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with IngenioShare.

 

16. Choice of Law & Venue

To the extent that these Terms allow you or IngenioShare to initiate litigation in a court, both you and IngenioShare agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Northern District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Santa Clara. You and IngenioShare consent to the personal jurisdiction of both courts.

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Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

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17. Severability

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.

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18. Additional Terms

We sometimes need to describe additional terms for specific Services. Those additional terms, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.

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19. Final Terms

These Terms make up the entire agreement between you and IngenioShare, and supersede any prior agreements. These Terms do not 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 consent. We may assign the Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of IngenioShare’s assets, or bankruptcy or other operation of law, without your consent. 

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If we make changes to any provisions in the Terms, we’ll let you know by revising the date at the top of this Terms document that’s available on our website.

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Contact Us

You can contact us using the Contact Form at www.ingenioshare.com.