Terms of use

Welcome to Saveyra

Saveyra LLC ("Saveyra", "our", "we" or "us") provides messaging and other related services to users ("you") around the world, through our proprietary mobile application ("Saveyra"), using unique keyboards, avatars, stickers, and emojis.

Please read these Terms of Service ("Terms") carefully since these Terms govern your use of Saveyra. By installing, accessing in any manner whatsoever, signing up, or using Saveyra, including using its services, or features, ("Services" or "Saveyra Services") you agree to be unconditionally bound by these Terms.

We may update these Terms from time to time. It is your responsibility to keep updated of any changes to these Terms. If you do not agree with these Terms, you must not use Saveyra.

A. Conditions of Usage

  1. Competence: You must be at least 14 years old, of sound mind, and not disqualified from entering into contracts under applicable laws (or such other requirements under applicable laws for you to be authorized to use our Services without prior approval) to be eligible to use Saveyra and the Services. Do not use Saveyra or the Services if you do not meet these minimum requirements.
  2. Registration: You must register for Saveyra and our Services using accurate data, including, by way of providing your current mobile phone number, and, if you change this number, you must update the mobile phone number used by you in registration. You agree to receive text messages and phone calls (from us or our third-party service providers) with codes to register for Saveyra and our Services.
  3. Devices and Software: You may require certain devices, software and data connections to use Saveyra and the Services that we do not supply. For as long as you use Saveyra and the Services, you consent to downloading and installing updates to Saveyra and the Services, including any automatic updates which we may release, from time to time.
  4. Charges, Fees, and Taxes: You are responsible for all carrier/telecom service provider data charges, plans and other fees and taxes associated with your use of Saveyra or the Services. We may charge you for our Services, including applicable taxes. We do not provide refunds for our Services, except as required by law.

B. Privacy policy and user data

Saveyra cares about your privacy. Therefore, please refer to SaveyraPrivacy Policy at https://saveyra.com/legal-info/ . The Privacy Policy describes our information practices and includes the type of information we receive and collect from you, and how we use and share this information. By using Saveyra, the Services or visiting our website(s), you agree to our data practices, including the collection, use, processing and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to other countries globally where we have or use facilities, service providers or partners, regardless of where you use our Services in such country. Further, as part of the Services, we may issue certain communications, including service announcements and administrative messages. You acknowledge that the laws, regulations and standards of the country in which your information is stored or processed may be different from those of your own country.

We may seek, and you may consent to provide us with the phone numbers of other Saveyra users and other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

Third Party Terms and Conditions: The usage of Saveyra and the Services may also be subject to terms and conditions imposed by third parties, i.e. the terms and conditions of the websites or "application stores" from which Saveyra is downloaded, the terms and conditions of third parties which share content on Saveyra, or the terms and conditions of websites that provide us with your data. You agree to comply with all third-party terms, conditions and policies in your interaction with such third-party features. Under no circumstance shall Saveyra be responsible for your violation or infringement of any third-party rights, terms, conditions or policies.

C. Permitted use of our services

You must use our Services according to our Terms and any posted policies. If we disable your account for a violation of our Terms, you may not create another account.

We will continue to evolve our Services and update any policies applicable to availing such Services. Please be aware of the various policies that will regulate your use of Saveyra. You must comply with any such policies.

You may access and use Saveyra and our Services only for legal, authorized and acceptable purposes. You will not use (or assist others in using) Saveyra or our Services in ways that: (a) violate, misappropriate or infringe the rights of Saveyra , our users or others, including privacy, publicity, intellectual property or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone or use someone else’s Saveyra account; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, etc; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Saveyra or the Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, Saveyra, the Services, systems, our users, or others, including that you must not directly, indirectly, or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from Saveyra or the Services; (b) send, store, or transmit viruses or other harmful computer code through or onto Saveyra or the Services; (c) gain or attempt to gain unauthorized access to Saveyra, the Services, or systems; (d) interfere with or disrupt the integrity or performance of Saveyra or the Services in any manner whatsoever; (e) create multiple accounts for Saveyra, or the Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for Saveyra or our Services; or (h) distribute or make Saveyra our Services available over a network where they could be used by multiple devices at the same time.

Your Content: You may be allowed to post content on Saveyra. All content posted on Saveyra by you must be content you are authorised to post. You retain ownership of all content posted by you and grant us a royalty-free, worldwide license to use, publish, adapt, reproduce, modify and sublicense your content. You are entirely responsible for the content you post, and any liabilities arising therefrom. You represent that any content you post (a) will not infringe the proprietary or intellectual property rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; (b) is in compliance with any third-party licenses relating to the content; (c) is not spam, is not machine- or randomly-generated, and does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (d) is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; or (e) is in violation of any law. You agree that we do not verify or review your content before you post it. However, your content may be removed at our discretion or if it violates any of these Terms, any policies or applicable law.

D. Safety

Keeping Your Account Secure: You are responsible for keeping your device and your Saveyra account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services. At any event, Saveyra shall not be responsible for any losses suffered by you due to any unauthorized use or security breach of your account.

E. Intellectual Property

We own or have obtained the requisite authorizations in all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with Saveyra or our Services and the content available thereon. You shall not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our prior express written permission.

Limited Licenses: To the extent required by applicable laws to use Saveyra or the Services, you grant Saveyra a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) or data that you upload, submit, store, send, or receive on or through our Services. The rights granted by you vide this license are for the limited purpose of operating and using Saveyra and our Services.

To the extent required by applicable laws, we grant you a limited, revocable, non-exclusive, non- sublicensable, and non-transferable license to use Saveyra and our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use Saveyra and our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting third-party intellectual property infringement. To report claims of third-party copyright, trademark or other intellectual property infringement, please write to us at support@saveyra.com. We may terminate your Saveyra account if you infringe the intellectual property rights of others.

Your Rights: Saveyra does not claim ownership of the information that you submit for your Saveyra account or through our Services. However, prior to submitting any information, you must have the necessary rights to such information that you submit for your Saveyra account or through our Services and the right to grant the rights and licenses in these Terms.

Saveyra’s Rights: Saveyra reserves the right, at all times, to remove or refuse to host or distribute any content on Saveyra and may terminate your access to Saveyra or the Services without prior notice or assignment of any reasons, and without your consent. Under no circumstance shall Saveyra be directly or indirectly liable for any content available on Saveyra or the Services, including any damages or losses arising therefrom.

F. Disclaimers

YOU USE SAVEYRA AND OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS.

We are providing Saveyra and the Services on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and free from viruses or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error-free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You unconditionally release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the "Saveyra Parties") from any claim, complaint, cause of action, controversy, or dispute (together, "Claim") and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.

Availability of Saveyra and the Services. Saveyra or the Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue all or some parts of Saveyra or our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect Saveyra or our Services, such as events in nature and other force majeure events.

G. Limitation of liability

The Saveyra Parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with these Terms, us, Saveyra, or the Services, even if the Saveyra Parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of USD 100 (United States Dollars One Hundred) or the amount you have paid us in the twelve months preceding such liability. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.

H. Indemnification

You agree to defend, indemnify, and hold harmless the Saveyra Parties from and against all liabilities, damages, losses and expenses of any kind (including legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of Saveyra or the Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; (c) any misrepresentation or fraud done by you; or (d) your breach of applicable laws; (e) content you post on Saveyra. You will cooperate as fully as required by us in the defence or settlement of any Claim.

I. Dispute Resolution

Forum and Venue: You agree that any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, Saveyra or the Services shall be subject exclusively to the courts in California State, to the exclusion of any other courts.

Governing Law. The laws of California, U.S.A., without regard to conflict of law provisions.

K. Termination

We may modify, suspend, or terminate your access to or use of Saveyra or our Services anytime for any reason, including, but not limited to, violation or threatened violation of our Terms or possible creation of harm, risk, or legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Saveyra: ‘Licenses’, ‘Disclaimers’, ‘Limitation of Liability’, ‘Indemnification’, ‘Dispute Resolution’, ‘Availability’, ‘Termination of our Services’, and "Miscellaneous".

L. Miscellaneous

These Terms and any policies governing usage of the Services make up the entire agreement between you and us regarding Saveyra and our Services, and supersede any prior agreements.

We may ask you to agree to additional terms for Saveyra or our Services in the future that will govern to the extent there is a conflict between our Terms and such additional terms.

Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

Any amendment to or waiver of our Terms requires our express consent.

Amendments or Updates. We will provide you notice of amendments to our Terms, as appropriate, and update the "Last Modified" date of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

If we fail to enforce any of our Terms, it will not be considered a waiver of any provision of these Terms.

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

We reserve all rights not expressly granted by us to you.

While we appreciate your feedback or other suggestions about Saveyra and the Services, but do understand that we may use your feedback or suggestions without any obligation to compensate you for them.

NO ACCESS TO EMERGENCY SERVICES: There are important differences between Saveyra and your mobile and fixed-line telephone and SMS services. Saveyra and the Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. Please review the following documents that provide additional information about your use of our Services:

Silvermine - Privacy Policy

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Last updated on – 04 April 2019


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