ABOUT OUR SERVICES
NO ACCESS TO EMERGENCY SERVICES: there are important differences between our Services and your mobile, landline and SMS services. Our Services do not provide access to emergency services or emergency service providers, including the police, fire brigade or hospitals, or any connection to emergency call centres. You should ensure that you are able to contact the relevant emergency services via a mobile phone, landline or other service.
If you are a Japap Messenger user located outside of Africa, our Terms contain a provision regarding binding arbitration, which states that, unless you decline and with the exception of certain types of disputes, you and Japap Messenger agree to resolve all Disputes (defined below) through individual binding arbitration, which means that you waive any right to bring such disputes before a judge or jury and your right to participate in class actions, class arbitrations or representative actions. You must register for our Services using accurate information, provide your current mobile phone number and, if it changes, update it using our in-app number change feature. You agree to receive text messages and telephone calls (from us or our third party suppliers) providing you with the codes required to register for our Services.
Address Book. You may use the contact import feature and regularly provide us, if permitted by applicable law, with the phone numbers in your phone's address book, including those of people who use our Services and your other contacts. Learn more about the contact import feature.
Age. You must be at least 15 years old to register for and use our Services (or the minimum age required in your country or territory to register for and use our Services without parental consent). In addition to the minimum age required to use our Services under applicable law, if you are too young to be able to accept our Terms in your country or territory, a parent or guardian must accept these Terms on your behalf. Please ask your parent or guardian to read these Terms with you.
Devices and software. You must have certain devices, software and data connections in order to use our Services, which we do not otherwise provide. In order to use our Services, you agree to manually or automatically download and install updates to our Services. You also agree that we may send you notices through our Services from time to time as necessary to provide you with our Services.
Charges and taxes. You are responsible for all your operator's data service subscription charges, Internet charges and other taxes and charges associated with your use of our Services.
CONFIDENTIALITY POLICY AND USER DATA
Your privacy is important to Japap Messenger. Japap Messenger's Privacy Policy describes our data (including messaging) practices, including the types of information we receive and collect through you, how we use and share that information, and your rights with respect to the processing of your information.
ACCEPTABLE USE OF OUR SERVICES
Our Terms and Policies. You must use our Services in accordance with our published Terms and Policies. If you breach our Terms or policies, we may take action regarding your account, including deactivating or suspending it. If we do this, you agree not to create another account without our permission. Your account will be deactivated or suspended in accordance with the "Termination" section below.
Legal and acceptable use. You must access and use our Services only for lawful, authorised and acceptable purposes. You will not use (or assist others to use) our Services in a way that: (a) violates, misappropriates or infringes the rights of Japap Messenger, our users or others, including rights of privacy, publicity, intellectual property or other proprietary rights ; (b) is unlawful, obscene, defamatory, threatening, intimidating, hateful, racially or ethnically offensive, amounts to harassment or incites or encourages unlawful or improper conduct for any other reason, including promoting violent crime, endangering or exploiting children or other individuals or coordinating violence; (c) involves the publication of falsehoods, misrepresentations or deceptive statements; (d) impersonates any person; (e) involves the sending of unlawful or objectionable communications, such as mass mailings, automated messages, automated dialling and similar practices; or (f) involves any non-personal use of our Services, unless otherwise authorised by us.
Prejudice Japap Messenger or our users. You must not (or assist others to), directly, indirectly or by automated or other means, view, use, copy, adapt, modify, distribute, license, sub-license, transfer, display, perform, create derivative works from or exploit our Services in any other way that is unauthorised or unacceptable, or that burdens, hinders or harms us or our Services, our systems, users or others, and must not under any circumstances, directly or by automated means: (a) reverse engineer, modify, decompile, create derivative works from or extract code from our Services; (b) send, store or transmit viruses or other harmful computer code on or through our Services; (c) obtain or attempt to obtain unauthorised access to our Services or systems; (d) interfere with or disrupt the security, confidentiality, integrity, availability or performance of our Services; (e) create accounts for our Services by automated or unauthorized means; (f) collect our users' contact information or information about our users in an unreasonable or unauthorized manner; (g) sell, resell, rent or charge for our Services or data obtained from us or our Services in any unauthorised manner; (h) distribute our Services or make them available over a network that allows them to be used on multiple devices at the same time, except as permitted through tools expressly provided by us via our Services; (i) create software or APIs that operate in substantially the same way as our Services and offer them to third parties in an unauthorised manner; or (j) misuse the reporting facilities by making fraudulent or unfounded reports or claims.
Protecting your account. You are responsible for safeguarding your device and your Japap Messenger account and must notify us immediately of any unauthorized use of your account or our Services or any breach of security.
THIRD-PARTY SERVICES
Our Services may allow you to view, use and interact with third party websites, applications, content or other products and services, and Meta Entity Products. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) integrated with our Services or use a share button on a third-party website that allows you to send information to your Japap Messenger contacts. Please note that these Terms and our Privacy Policy apply only to your use of our Services. When you use third party services or products or Meta Entity Products, their terms and conditions and privacy policies govern your use of those services.
LICENCES
Your Rights. Japap Messenger does not claim any ownership rights in the information you submit for your Japap Messenger account or through our Services. You must have the necessary rights to the information that you submit for your Japap Messenger account or via our Services and the necessary authorisation to grant the rights and licences mentioned in our Conditions.
Japap Messenger rights. We own all copyrights and rights to trademarks, domains, logos, trade dress, trade secrets, patents and other intellectual property rights associated with our Services. You may not use any of our copyright, trademark, domain, logo, trade dress, trade secret, patent or other intellectual property rights except with our express permission and in accordance with our Trademark Usage Rules.
Licence that you grant to Japap Messenger. In order for us to operate and provide our Services, you grant Japap Messenger a worldwide, non-exclusive, royalty-free, sub-licensable and assignable license to use, reproduce, distribute, display, exploit and create derivative works from the information (including content) that you upload, submit, store, send or receive on or through our Services. The rights you grant under this licence are for the limited purposes of operating and providing our Services (for example, to allow us to display your profile picture and status message, to transmit your messages, and to store your untransmitted messages on our servers for up to 30 days while we attempt to send them).
Licence granted to you by Japap Messenger. We grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable licence to use our Services, subject to and in accordance with our Terms. The sole purpose of this licence is to allow you to use our Services in the manner permitted by our Terms. No licence or right is granted to you by implication or otherwise, except for those licences and rights expressly granted to you.
REPORT AN INFRINGEMENT OF COPYRIGHT, TRADEMARK RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES
To report claims of infringement of third party copyrights, trademark rights or other intellectual property rights, please contact us at [email protected]. We may take action regarding your account, including deactivating or suspending it, if you clearly, seriously or repeatedly infringe the intellectual property rights of others. We may also take such action where we are required to do so by law.
EXCLUSIONS OF LIABILITY AND DISCLAIMERS
You use our services at your own risk and subject to the following disclaimers. We provide our services "as is" without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer viruses or other harmful code. We do not warrant that the information provided by us is accurate, complete or useful, that our services will be operable, error-free, secure or free from hazards, or that our services will operate without interruptions, delays or imperfections. We do not control, and are not responsible for, the manner in which, or the frequency with which, our services are used. the same applies to the features, services and interfaces provided by our services. we are not obliged to control, and are not responsible for, the actions or information (including content) of persons using our services or of other third parties. you release and hold harmless Japap Messenger and its subsidiaries and affiliates, and their respective directors, officers, employees, partners and representatives (collectively, the "Japap Messenger Parties") from and against any and all claims, complaints, causes of action, challenges, disputes or damages (collectively, "Claims"), known and unknown, arising out of or in any way related to any Claim you make against any third party. Your rights with respect to the Japap Messenger Parties are not affected by the foregoing disclaimer if the laws of your country or territory of residence, applicable as a result of your use of our services, do not permit it. If you reside in Africa, you waive any rights granted under common law, the text of which states that a general release does not apply to claims of which the creditor or the issuing party has no knowledge or of which it does not suspect the existence in its favour at the time of the execution of the release, and which, if it had had knowledge, would have had a significant impact on its agreement with the debtor or the receiving party.
Limitation of liability
the Japap Messenger parties shall not be liable for loss of profits or any consequential, punitive, special, indirect or incidental damages, whether arising out of or in any way connected with our terms, performance or services (however caused and on any theory of liability, including negligence), even if the Japap Messenger parties have been advised of the possibility of such damages. The total aggregate of our liability to you arising out of or in any way connected with our Terms, fact or services shall not exceed the amount paid by you in the preceding twelve months or one hundred dollars ($100), whichever is greater. The foregoing exclusion of certain damages and limitation of liability shall apply to the fullest extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the above exclusions and limitations may not apply to you. Notwithstanding anything to the contrary in our Terms, in such cases, the liability of the Japap Messenger Parties shall be limited to the fullest extent permitted by applicable law.
COMPENSATION
In the event of an action brought against us by a third party ("Third Party Claim") as a result of your actions, content or information on Japap Messenger, or any other use you make of our Services, you agree to indemnify and hold us harmless, to the fullest extent permitted by applicable law, the Japap Messenger Parties from and against any and all liabilities, damages, losses and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of or in any way connected with: (a) your use of or access to our Services, including the information and content provided in connection with them; (b) any breach of our Terms or applicable laws; or (c) any misrepresentation by you. You will cooperate fully, at our request, in the defence or resolution of any third party Claim. Your rights with respect to Japap Messenger are not affected by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our Services, do not permit such indemnification.
DISPUTE RESOLUTION
Jurisdiction. If you are a Japap Messenger user located in or outside of Africa, you agree that any claim or cause of action you bring against Japap Messenger, relating in any way to or arising out of our Terms or Services, and for any claim or cause of action Japap Messenger brings against you, you and Japap Messenger agree that any such claim or cause of action (individually, a "Dispute" and collectively, "Disputes") shall be resolved exclusively in the common law courts of Cameroon, and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such claim or cause of action, and the laws of the State of Cameroon shall govern such claim or cause of action without regard to its conflict of law provisions. Without limiting the foregoing, you agree that we may, in our sole discretion, elect to resolve any Dispute between us and you that is not subject to arbitration in any court having jurisdiction over such Dispute in your country of residence.
Applicable Law. The laws of the State of Cameroon govern our Terms, as well as any court or arbitration disputes that may arise between you and Japap Messenger, without regard to its conflict of law provisions.
Time limit for submitting a Claim or Dispute. These Terms also limit the time you have to file a Claim or Dispute, including the time to initiate arbitration, or, if permitted, court action or small claims proceedings to the fullest extent permitted by applicable law. You and Japap Messenger agree that in the event of a Dispute (other than the Excluded Disputes set forth below), you and Japap Messenger must commence any Action (including initiating arbitration) within one year after the Dispute first arises or such Dispute will be forever barred. This means that if we or you do not take any Action (including initiating arbitration) within one year of the initial occurrence of the Dispute, the arbitration will be dismissed as untimely.
AVAILABILITY AND CANCELLATION OF OUR SERVICES
Availability of our Services. We are constantly striving to improve our Services. This means that we may extend, add or remove our Services and features, as well as support certain devices and platforms. Our Services may be interrupted, including in the event of maintenance, repair, upgrade or network or equipment failure. We may discontinue some or all of our Services, including certain features and support for certain devices and platforms, at any time. Events beyond our control may interfere with our Services, such as natural disasters and other force majeure events.
Termination. While we hope to keep you as a Japap Messenger user, you may terminate your relationship with Japap Messenger at any time and for any reason by deleting your account.
We may change, suspend or terminate your use of or access to our Services at any time and for any reason, for example if you breach the letter or spirit of our Terms or create harm or a risk of legal action to us, others using our Services or others. We may also deactivate or delete your account if it does not become active after registration or if it remains inactive for an extended period of time.
OTHER
