SIGN SHORT MESSAGE SERVICE (hereinafter referred to as “SSMS” or the “Application”) APPLICATION TERMS AND CONDITIONS.

Please read the following terms and conditions very carefully. If You do not agree with the following terms and conditions, do not download or install this software. By downloading, installing or using this software or any portion thereof, You agree to the following terms and conditions.

This agreement (“Agreement”) is entered into between You ("You" and or the “User”) and Mr. Alexandros Yeratziotis ("the Provider”).

1. DEFINITIONS

The “Application” shall mean the software provided by the Provider to offer services related to, amongst others, sending and receiving messages on a mobile phone using sign language alphabets and/or written text of oral languages and translating a message from one form to the other.

2. GENERAL

You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the SSMS Application,

By installing the SSMS Application, You authorize the automatic download and installation of updates and agree to download and install updates manually if necessary. Your use of the SSMS Application and updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with updates).

We reserve the right to update, revise, supplement and otherwise modify this Agreement from time to time.  Registered users are encouraged to review this Agreement periodically for changes. If You do not wish to accept any change, please uninstall and discontinue using the Application. Continuous use of the Application after the amendment of the Terms of Use is deemed an acceptance thereof.

The User is hereby granted a worldwide, non-exclusive, revocable license to use the Application for Your personal use in accordance with these terms.

You acknowledge and agree that You will have to provide the Provider Your mobile phone number as appropriate. You expressly acknowledge and agree that in order to provide this service, the Provider may access Your contact list and/or address book on Your mobile device to find and keep track of mobile phone numbers of other users of this service. To ensure a better user experience, the Provider may also at times, access names stored in Your address book to ensure any incoming messages and push notifications via the SMS feature have a name associated with them. For instance, if the Provider cannot access names on Your address book, when a non-SSMS user responds to a SMS sent from the Provider, the incoming reply will show the non-SSMS users number and not the name.

Similarly, when You invite Your contacts and or send messages to Your contacts, the invite/message to Your contacts may appear as an SMS/message from Your name/the mobile number You have registered with.

3. USER’S OBLIGATION

 

The users will remain exclusively responsible for all acts conducted through their use of the Application in general.

 

Even though the Application offers the users the necessary technological structure and means for publication of content, all information, data, script, pictures, images, videos, messages and all content including but not limited to any photos, profiles (including Your name and image), messages, information, text, video, audio, music, third party links whether shown publicly or distributed privately, the person from whom the content originates is exclusively liable and responsible. This means that the users are exclusively responsible for any content they publish, send and make available through the services of the SSMS Application.

 

As a rule, we do not check the contents made available or transmitted by You or others using our services, and we are not responsible for such contents. If we become aware of the transmission or the availability of contents in violation of legal provisions or in violation of these terms and conditions, we will delete them or block the account used for such purpose. Should You become aware of such transmission or such contents, You shall inform us immediately.

 

4. THIRD PARTY SERVICES  

 

Please note that we may add advertising messages or other information to the contents of Users, e.g. SMS, etc. By using our services You are stating that You consent to this.

 

The User acknowledges and accepts complete responsibility for any communications made with a third party who is offering services that are being advertised on the Application and for any dealings of trade which may arise from such relationship.

The Provider accepts no responsibility for adverts contained within the Application. If You agree to purchase goods and/or services from any third party who advertises in the Application, You do so at Your own risk. The advertiser, not the Provider, is responsible for such goods and/or services and if You have any queries or complaints in relation to them, Your only recourse is against the advertiser.

In cases where You can access links to other websites via the Application’s websites, these sites are not under the control of Provider and Provider is not responsible for the content or links found on these sites, or for any changes or updates to these sites. The Provider is offering these links to its best ability as assistance to our customers and assumes no responsibility for the material published on these sites.

The Provider disclaims any and all liability for date, content or services furnished by third party or service provider or others (the “Carriers”).

5. DATA PROTECTION

The administration and protection of personal data distributed through the Application is subject to the relevant legislation The Processing of Personal Data (Protection of Individuals) Law of 2001 L.138(I)/2001 and/or the relevant Regulations and/or The Regulation of Electronic Communications and Postal Services Law of 2004 L.112(I)/2004.

Such personal data distributed through the Application may be processed, collected, entered, organized, preserved and stored anonymously for statistical reasons and for the preparation of statements and reports concerning the productivity, use, evaluation and analysis of the Application or other data which concern the services of the application and which may make the future marketing of the service easier.

 

No transfer or publication of the personal data to third persons/recipients will be made unless authorized by the data subject or if so imposed by law and/or court decision or if it falls within the framework of assignment of the personal data processing to third persons.

 

All necessary measures to preserve the secure provision of the services offered through the Application as well as to maintain private the information regarding the users of the Application, have been taken, however it is not possible to eliminate all risks relating to the use of the Internet (if applicable) which must be taken into account. Further, the User must handle all information provided through the services as private and confidential and not to disclose them to third persons.

 

6. PROPRIETARY RIGHTS AND LICENSE

You hereby acknowledge that the Provider owns all rights, titles and interest in and to the SSMS Application and to any and all proprietary and confidential information contained therein ("SSMS Information"). The SSMS Application and SSMS Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You, further acknowledge and agree that the Provider owns all right, title, and interest in or, if applicable, licenses to the Application and the Documentation worldwide, including, without limitation, any copies thereof, except to the extent any data, content, deliverables or other elements is owned by the respective Carrier. The design, layout, graphics, structure, organization and code of the Application are valuable trade secrets of Provider and are protected by copyright and other laws, international treaty provisions and applicable laws (including, without limitation, intellectual property laws) of the country(ies) in which the Application is used.

You agree that You will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the SSMS Application or any portion thereof or otherwise attempt to derive source code from the SSMS Application; (ii) copy, distribute, transfer, sell or license the SSMS Application; (iii) transfer the SSMS Application to, or use the SSMS Application on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the SSMS Application; (v) use the SSMS Application to access, copy, transfer, retransmit or transcode Content or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter SSMS (or any third party's) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the SSMS Application.

You agree that You will not use the SSMS Application for any fraudulent, unlawful or illegal activity or in any way that could harm the Application or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means;

Content made available through the SSMS Application ("Content") is protected by applicable intellectual property rights and is the property of the Provider, its third party licensors and partners (as applicable), and other entities that provide such content to the Provider. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to You through the SSMS Application.

7. CONDITIONS OF USE

You acknowledge that the terms of agreement with Your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, You may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

If You are not the bill payer for the mobile telephone or handheld device being used to access the Application, You will be assumed to have received permission from the bill payer for using the Application.

You agree to respect the privacy of other users and not to make available or transmit any unsolicited, harassing, defamatory or threatening messages, information or contents. You shall be responsible for ensuring that the recipient of a message agrees with such receipt

Any change to software e.g. on Your mobile phone may result in significant, unforeseen faults in its functions or the functions of other software or hardware (e.g. the mobile phone or mobile phone network). In this respect You shall bear the sole risks and responsibility. You shall not make any attempt to develop or execute programs (scripts, robots, viruses, etc.) which might change the process, appearance and functions of our services e.g. change or bypass the user interface.

8. SUSPENSION OF SERVICES

 

The users acknowledge and accept that throughout their use of the Application there may occur alterations and/or temporary or permanent suspension of part of or of the whole of the services with or without giving notice to the users. 

 

The Provider will use reasonable efforts to make the Application available at all times. However You acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside our reasonable control.


The Provider, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

 

The users further acknowledge and accept that a suspension of the content made available to them may also occur, in circumstances under which they have breached these Terms of Use.

9. TERMINATION

The Provider reserves the right to terminate the Application use without cause, provided that You have received notice of fourteen – (14) calendar days prior to the end of the applicable termination date. Except for the use right, the terms of this Agreement shall survive such termination

Upon any termination, (a) the rights and licenses granted to You herein shall terminate; (b) You must cease all use of the Software;

10. LIMITATION OF LIABILITY

10.1. In no event will the Provider and its officers, directors, employees, affiliates and agents as applicable, be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of Your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

10.2. The Provider and its officers, directors, employees, affiliates and agents as applicable, are not liable to You for any damage or alteration to Your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

10.3. Nothing in these terms shall exclude or limit the Provider and its officers, directors, employees, affiliates and agents as applicable, liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

10.4 Any provisions of these Terms of Use which are deemed contrary to the law cease to exist de jure and are removed from these Terms of Use, without in any event affecting the validity of the remaining terms. These Terms of Use may be amended at any time.

 

11. INDEMNITY

You agree to hold harmless and indemnify the Provider and its subsidiaries, affiliates, officers, agents, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to Your use of the SSMS Application or Your violation of this Agreement, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the Provider will provide You with written notice of such claim, suit or action.

12. DISCLAIMER OF WARRANTIES

 

The SSMS Application is provided on an “As is” basis and without warranty of any kind. To the maximum extent permitted by law the Provider expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties.

Your use of the SSMS Application is at Your sole risk.  The Provider shall not be obligated to provide You with any maintenance or support services in connection with the SSMS application nor is the Provider obligated to make updates to the Application. The generation of updates remains at the discretion of the Provider accordingly,

The Provider makes no warranty that: (i) the SSMS Application will meet Your requirements; (ii) the SSMS Application will be error-free; (iii) regarding the security, reliability, timeliness or performance of the SSMS Application and (iv) any errors in the SSMS Application will be corrected.

13. Force Majeure

The Provider shall not be liable to You for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond the Provider’s reasonable control.

14. Governing Law

This Agreement shall be governed by the laws of the Republic of Cyprus. You irrevocably consent to the exclusive jurisdiction of courts in Cyprus for all disputes arising out of or relating to this Agreement.

Contact the Provider

If You have any questions or concerns about these terms and conditions or its implementation, You may contact us on the following e-mail ID:

E-mail: info@connectdeaf.com

We will strive to address Your feedback and concerns in a timely and effective manner.