The following Terms of Service, including our General Terms and Privacy Statement as published on our website telenordigital.com ("Terms") govern your access to and use of the Comoyo Chat services and Comoyo Chat websites (the "Service"), and any information, text, graphics, or other materials sent, received, stored or otherwise appearing on the Services (collectively referred to as "Content"). The Service is provided by Telenor Digital AS ("TD"/"we").
1.1. These terms (“Terms”) are a legal agreement between you and Telenor Digital AS, Snarøyveien 30, N-1360 Fornebu, Norway (“we”, “us”, “our”) for use of the Comoyo Instant Messenger Service (the “Service”).
1.2. These Terms, the Comoyo End User Agreement and the Comoyo Privacy Statement govern your access to and use of the Service.
1.3. We may change these Terms at any time in our sole discretion. When we do so you will be notified when you next access the Service. You will be required to accept the new terms to continue to use the Service.
2. Grant of Licence
2.1. In consideration of you agreeing to abide by these Terms, we grant you a non- transferable, non-exclusive and revocable licence to use the Service subject to these Terms, the Comoyo End User Agreement and the Comoyo Privacy Statement and subject to any rules or policies applied by any appstore provider or operator from whose site you downloaded the Service. We reserve all other rights.
3.1. To use the Service, you must register as a user. As part of registration, you must provide us with your mobile phone number so that we can verify your identity. When we have verified you as a user, you will be sent a 4-digit code which must be entered to activate the Service and complete your registration.
3.2. The Service is an integrated messaging service that allows you to send messages and share pictures, videos and digital “stickers” with those of your contacts who are registered to use the Service.
3.3. You must be connected to the internet to send and receive any messages or files through the Service. The speed of your internet connection will determine how quickly you can download messages and files you receive through the Service.
3.4. Messages you send and receive through the Service are automatically stored. You can delete your message history by individual item or completely. Your history will be automatically deleted if you deregister with the Service or delete the Service from your device.
3.5. Messages and files sent through the Service will be transmitted through multiple technology providers and infrastructure systems. You should not be reliant on the Service for any critical communication (including for use in emergency situations). Further, as the Service will display your mobile telephone number to message recipients, you should not use it if the recipient is a person you would not like to display your mobile number to.
3.6. We retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
4.1. Any information that you provide using the Service is subject to the Comoyo Privacy Statement which governs our collection and use of your information. You understand that through your use of the Service you consent to the following collection and use (as set forth in the Privacy Statement) of this information, and as otherwise set out in our Privacy Statement:
4.1.1. during the initial sign up to the Service we collect user name (email address), password and mobile phone number. If you choose to integrate the Service with the contacts on your mobile phone, you give us permission to access your contact list or address book on your mobile phone;
4.1.2. to verify your identity, we may transfer your mobile phone number to the mobile phone operator where you have a subscription for use of that number. In return we receive verification from the mobile phone operator about whether you have a valid subscription or not. If you do have a valid subscription, the mobile phone operator or someone acting on their behalf may provide us with information about your name; and
4.1.3. we and our subcontractors may store information regarding sender, receiver, time of sending/reception.
4.2. The Service allows you to submit text and pictures which will be displayed to notify other users of your status (“Status Content”). This Status Content may be visible to other users of the Service who have your mobile phone number in their mobile phone.
4.3. You retain your rights to any Status Content you submit, post or display on or through the Service. By submitting, posting or displaying Status Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to process such Status Content in any way necessary for the purpose of operating the Service. We may modify or adapt your Status Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Status Content as are necessary to conform and adapt that Status Content to any requirements or limitations of any networks, devices, services or media.
4.4. We are notified each time you use the Service. We use this information to display when you were last active on the Service to your contacts. This information will be available to other users of the Service who have your mobile phone number in their mobile phone.
4.5. Any messages or files that you send and receive through the Service will be stored securely with one or more of our subcontractors, and may also be temporarily stored in other locations to facilitate the transmission of messages and files to and from your devices.
4.6. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
4.6.1. satisfy any applicable law, regulation, legal process or governmental request;
4.6.2. enforce these Terms, including investigation of potential violations hereof;
4.6.3. detect, prevent, or otherwise address fraud, security or technical issues;
4.6.4. respond to user support requests; or
4.6.5. protect our rights, property or safety, our users and the public.
5.1. Currently, no application fee or subscription fee is charged for the Service. However, as this may change in the future, we retain the right to charge subscription fees from you
for ongoing use of the Service (without retroactive affect and subject to your explicit consent).
5.2. You will not be charged a fee for messages or files sent or received through the Service. Please note that any use of the Service over a mobile internet connection will be charged at your network provider’s standard rate and/or will count towards your data allowance.
5.3. You may download additional digital “stickers” via the “Sticker Shop” available through the Service. In the future, we may charge for content available through the Sticker Shop and will let you know if we do.
6. Acceptable Use
6.1. The Service is for sending legitimate individual personal or business communications only.We have a zero tolerance for communications with objectionable content.
6.2. You must not use the Service:
6.2.1. in any way that breaches any applicable local, national or international law or regulation;
6.2.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.2.3. for the purpose of harming or attempting to harm any person in any way;
6.2.4. in any way which infringes our intellectual property rights or those of any third party;
6.2.5. to send, knowingly receive, upload, download, use or re-use any material which is illegal, offensive, immoral, pornographic, in bad taste or otherwise has an objectionable content;
6.2.6. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (Spam); or
6.2.7. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.3. You may not do any of the following while accessing or using the Service:
6.3.1. access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service;
6.3.2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
6.3.3. access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; or
6.3.4. forge any TCP/IP packet header or any part of the header information in any
email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
6.4. You must not resell or attempt to resell the Service.
6.5. We reserve the right at all times to remove any Status Content or refuse to distribute any message or file through the Service.
7. Block users and report spam
7.1. You can, at your discretion, block other users from contacting you, and others may block you from contacting them, through the Service.
7.2. You can also block users of the Service if you receive messages with an objectionable content or that are unsolicited or unauthorised advertising or promotional material (spam).
7.3. We reserve the right to immediately, at our discretion, suspend your access to the Service and/or add limits to your use of the Service and/or terminate our relationship with you, if your number is repeatedly blocked or your files or messages are reported as spam.
8.1. We may stop providing the Service to you, or add limits to your use of the Service at our discretion.
8.2. We may on our option, terminate our relationship with you, or suspend your access to the Service immediately if it is deemed by us that you are in breach of these Terms. We will attempt to provide you with notice of improper usage before suspension or termination of your subscription and may, if appropriate, offer you an alternative subscription/service.
9. Entire Agreement
9.1. These Terms, including the Comoyo End User Agreement and the Comoyo Privacy Statement are the entire and exclusive agreement between us and you regarding the Services (excluding any services for which you have a separate agreement with us). In case of conflict between the documents, these Terms will take precedence over the more general terms stated in the Comoyo End User Agreement and the Comoyo Privacy Statement.