N-GAGE TERMS OF SERVICE
Wemet Management Services Ltd(“our”, “we” or “us” and other related pronouns) provides users (each user, “you”) with an “Over the Top” solution to protect and secure your instant messages.
Please read these Terms of Service (these “Terms”) carefully. These terms explain how you can use the services on mobile and desktop applications provided by Wemet Management Services Ltd.
By installing, accessing, or using our apps, services, features, software, or website (together “Services”) on Android, iOS or desktop devices you agree to be bound by the terms of service between you (the “user”) and Wemet Management Services Ltd, company registration no. 0749110, registered office at 13 Montpelier Avenue, Bexley, Kent, DA5 3AP. If you do not agree to be bound by the terms, you may not access or use this service or the website.
IF YOU ARE A USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, WEMET MANAGEMENT SERVICES LTD AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
Compliance With Our Terms
These terms refer to the following additional terms, which also apply to your use of the Services:
- Acceptable and Fair Use Policy, which sets out the rules of good behaviour applicable to your use of our services
- Cookies Policy, which sets out the usage of cookies, web beacons, and log files
You must comply with these terms in your use of our services and only use our services as permitted by applicable laws and regulations wherever you may be when you use them.
If you are using our services on behalf of a company, partnership, association, government, or other organisation, you warrant that you are authorised to do so and that you are authorised to bind your organisation to these terms and in such circumstances “you” will include your organisation.
We may translate these terms into multiple languages, and in the event, there is any difference between the English version and any other language version of these terms, the English version will prevail (to the extent permitted by applicable law).
If you do not agree to the terms, you must not use our services.
For users located in the United States or Canada the following country-specific terms will also apply to your use of our services:
- Wemet Management Services Ltd and you each agree to waive the right to a trial by judge or jury for all disputes. We and you each agree that if you are a user located in the United States or Canada, each of we and you may bring disputes against the other only on its or your behalf, and not on behalf of any other person or entity, or any class of people.
To the extent that any of the additional policies are different from these Terms of Service, the relevant terms of the additional policies will apply, except that nothing in those additional policies will (unless expressly indicated otherwise in those additional policies) amend these Terms of Service (which will apply in the event there is any difference).
To the extent that any country-specific terms differ from these Terms of Service, or any of the additional policies, the relevant country-specific terms will apply, regardless of which section of these Terms of Service, is in question.
Use of Our Service
You must register to use the Service using accurate data. You agree to receive One-time passwords from us or third-party providers in the form of SMS or email to register for our services.
Any account that you create with us is personal to you. You are prohibited from gifting, lending, transferring, or otherwise permitting any other person to access or use your account. We reserve the right to disable, deactivate, or terminate your account for reasons including but not limited to a violation of our terms.
You understand that you are responsible for safeguarding any passwords used to access your account and our services. You must promptly notify us at email@example.com, if you know or suspect that your password or account has been compromised.
You acknowledge and agree to provide us the information of the contacts in your device address book. This contact information includes but is not limited to phone numbers and email addresses.
By using the Service, you can connect your email, cloud, and/or local storage accounts. By using the Service, you acknowledge and agree to give Wemet Management Services Ltd permission to access your data so that it can be synchronised with the application.
You must be at least 13 years old to use our services (or such greater age required in your country for you to be authorised to use our services without parental approval). In addition to being of the minimum required age to use our services under applicable law, if you are not old enough to have authority to agree to our terms in your country, your parent or guardian must agree to our terms on your behalf.
Devices and Software
You must provide certain devices, software, and data connections to use our services, which we otherwise do not supply. For as long as you use our services, you consent to downloading and installing updates to our services, including automatically.
You agree that to enable you to access certain services and functionalities, we may access certain hardware and software on your device, including but not limited to device information, camera, microphone, calendar, and gallery.
Fees and Taxes
You are responsible for all carrier data plan and other fees and taxes associated with your use of our services. We may charge you for our services, including applicable taxes. We may refuse or cancel orders.
Once you have downloaded the Service, you can message, chat with and call any other users free of charge in accordance with the Acceptable and Fair Use Policy.
In addition, you are offered the opportunity to access additional features and become a premium user on payment of certain charges from time to time. You may become a premium user by purchasing the additional features in-app or through the website.
Your use of the premium features will be subject to the terms and conditions governing such premium features, from time to time. If you are acquiring the premium features for a fixed period, then the license set out above for use of such premium features applies only for the subscription period for which you have paid the requisite charges or fees.
Your license to use the premium features after the expiry of such period is conditional upon further payment of the requisite fees or charges. We will notify you seven (7) days prior to the expiry of the period for which you have paid the requisite charges and fees. You must comply with the terms of payment as contained herein in relation to your payments with us.
Terms Of Payment
If you choose to access certain additional features and become a premium member you must provide your name and billing information so that your payment for the use of such additional features can be processed.
A valid credit/debit card is required for all paying accounts. The premium feature will be billed in full in advance. There will be no refunds or credits for partial months of use of the premium feature or refunds for months unused with an open account.
You may also make a payment for using the additional features on the website. To purchase the premium features, you will be required to provide your credit/debit card information and other such billing details required to process the payments.
If you purchase any premium feature, you agree to pay all charges which includes but is not restricted to taxes as applicable, any charges by us or the online application stores, or bank transaction charges when payment is made through credit card, or debit card or any other bank medium at the time of purchase or download. You hereby agree to abide by the relevant terms of service or other legal agreement that governs such medium or method used for payment.
Once the payment for a premium or additional feature has been processed, you will be able to immediately access and use such feature.
In case of in-app product subscriptions purchased by you, the subscription may be cancelled by you when you wish to do the same and refund can be claimed within 7 (seven) days from purchasing the in-app product by contacting us at firstname.lastname@example.org
Refunds can be directly availed from the App Store or Google Play Store provided that the payments have been made from their payment gateways.
If you believe that we have charged you in error, you must contact us at: email@example.com within thirty (30) days of such charge. No refunds will be given for any bank charges appearing on your bank statement. No refunds will be given for any charges more than thirty (30) days old.
We reserve the right to refuse a refund request if we reasonably believe:
- That you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature.
- If you are in breach of any of the terms (including without limitation, the terms of the License)
- If we reasonably suspect that you are using any of our products fraudulently or that your user account is being used by a third-party fraudulently.
When you submit, upload, transmit, or display any data in connection with your use of our services, you understand and agree that:
The Services are “Over the Top” applications which allow you to continue to use your existing third-party service providers such as Gmail, Google Drive, and Drop Box.
Your content will continue to be stored/shared via the third-party service provider that you use. Your content does not get synchronised with the servers.
Any content that you share with other users can be recalled by you at any time. Likewise, you provide your consent that the content that is shared by other users with you through the service can also be recalled by them at any time. When the content is recalled by the user it will be deleted from your account and you will not be able to view it. An encrypted format of that communication will remain on the third-party service you use; however, you will not be able to read it as it will be encrypted.
You are giving us and our affiliate companies the right to use your content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing, and improving our services, including new services that we may provide in the future.
We may share your content with third-parties that we work with to help provide, promote, develop and improve our Services. These third-parties (other than our affiliate companies) will not make any separate use of your content for their own purposes (i.e. for any purposes that are not related to our Services). The sharing of your content with such third-parties shall be in accordance with these terms.
By using the services, you acknowledge and agree that you are responsible for taking a backup of your encryption keys.
If you choose to secure your backup with a password, then you are solely responsible for remembering it at the time of restoring your backup.
You acknowledge that the Service is not able to restore any password protected backup without the correct password being entered at the time of restoring the backup.
By using the Service you can encrypt your emails, text messages, and files and photos that are stored on the cloud, and/or local storage.
Content that you encrypt using the Service cannot be decrypted and viewed on any third-party platform and will only appear in an encrypted format on any platform other than the application which has your encryption keys.
You acknowledge that if you uninstall the app without taking a backup of your encryption keys you will no longer be able to decrypt your content even if you reinstall the Service.
You acknowledge that if you uninstall the app you will no longer be able to read the content that you had sent, shared, or stored using the app.
In order to continue to have access and read the content you can keep the free version installed and use it to access the encrypted content.
In addition, you understand and agree that we and our affiliate companies (subject to the terms and applicable laws and regulations):
May retain and continue to use your content after you stop using our services.
May be required to retain or disclose your content to comply with applicable laws or regulations, or to comply with a court order, subpoena or other legal process. We and our affiliate companies may disclose your content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere). You also agree that we may need to disclose your content to enforce these terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of our services.
When you submit, upload, transmit, or display any data in connection with your use of our services, you understand and agree that if you seek to delete your content from our services, it may as a technical and administrative matter take some time or not be possible to achieve this. We will not transfer your personal data and content to third-party or any affiliate in any country or territory unless that country or territory ensures an adequate level of protection for your rights and freedoms in relation to the processing, storing and retention of personal data.
Third-Party Content and Services
Our services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our services or interact with a share button on a third-party website that enables you to send information to your contacts. Please note that when you use third-party services, their own terms will govern your use of those services.
We are not responsible for and we do not endorse, support, or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted, or displayed by or linked by our services, including content provided by other users of our services or by our advertisers.
You acknowledge and agree that by using our services you may be exposed to content which is inaccurate, misleading, defamatory, offensive, or unlawful.
Any reliance on or use of any content on or accessible from our services by you is at your own risk. Your use of our services does not give you any rights in or to any content you may access or obtain in connection with your use of our services.
We also do not guarantee the quality, reliability, or suitability of any third-party services provided, made available, or linked through our services and we will bear no responsibility or liability for such third-party services.
By using our services, you expressly acknowledge and agree that we shall not be responsible or liable for any damages, claims or other liability arising from or related to your use of any third-party services or by your reliance on any third-party content hosted by Wemet Management Services Ltd. If you access third-party services through our services, you must comply with any terms applicable to those services.
We may review (but make no commitment to review) content or third-party services made available through our services to determine whether they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third-party services if they infringe intellectual property rights, breach copyright laws, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our services.
There may be, from time to time, third-party content and services on our services that are subject to further terms, including terms from the relevant third-party that originally produced such content and services (for instance, the news agency that was responsible for writing a news article that then appears on our news service). In such cases, you agree to comply with any such further terms as notified to you.
If you have any concerns regarding any content on or any other aspects of our services, please contact firstname.lastname@example.org.
We are not responsible or liable for and we do not endorse, support, or guarantee the quality, reliability or suitability of any third-party software. Any reliance on or use of such third-party software is at your own risk. By using our services, you expressly acknowledge and agree that we shall not be responsible or liable for any damages, claims, or other liability arising from or related to your use of any third-party software.
You shall be responsible to ensure your compliance with any additional terms that may be applicable to any such third-party software.
We do not provide any technical support for any third-party software. Please contact the relevant supplying third party for such technical support.
Open Source Software
There may be provisions in the open-source software’s license that expressly overrides these terms, in which case such provisions shall prevail to the extent of any conflict with these terms.
We will credit the relevant open-source software (including notifying you of the relevant open-source software terms) within our services, within an appendix to these terms and/or in another manner.
Our services may include advertising or commercial content. You agree that we can integrate advertising or commercial content into our services and that (where reasonably practicable) we will identify paid services and communications.
You also agree to be supplied with targeted advertising to try to enable us to make advertising more relevant and valuable to you.
Products and services of ours (or our affiliate and subsidiary companies and joint venture partners), including services in relation to messaging, online media and advertising, interactive entertainment, social networking, e-commerce, news and information, payment, internet search, location and mapping, applications, data management, and other related software and services (“Internet Services”)
Third party providers of Internet Services and products and services including but not limited to dining, food and beverages, sports, music, film, television, live performances and other arts and entertainment, books, magazines and other publications, clothing and accessories, jewellery, cosmetics, personal health and hygiene, electronics, collectibles, housewares, appliances, home decoration and furnishings, pets, automobiles, hotels, transport and travel, banking, insurance and financial services, loyalty and reward programs and other products and services that we think may be relevant to you.
If required by applicable laws, we will honour your request for us to not use your personal information for direct marketing purposes. If you wish to make such a request, please:
Follow the relevant instructions on our marketing messages.
If available, follow the instructions as set out in certain service-specific guidance (in relation to the relevant service).
Please note that we will not share your personal information with advertisers unless you have given us your consent to do so. We do, however, share non-personal information with advertisers for the purposes of offering you advertising that is more relevant to you.
The Applications can be downloaded from third-party application stores including but not limited to Google Play, and the Apple App Store.
You agree to comply with all third-party terms and conditions and privacy policies applicable to the use of our services. Wemet Management Services Ltd shall not be responsible or liable for violation and infringement of any third-party rights or terms and conditions in connection with access, download, or installation of the app by you.
Subject to your compliance with the terms, Wemet Management Services Ltd shall grant you a licence to use the app and related services, strictly in accordance with the terms, provided that:
You shall use the app solely for your personal and lawful purposes only.
You shall not, nor allow third-parties on your behalf to:
- Resell or charge others for the use of the Services
- Duplicate, disassemble, decompile, transfer, exchange, translate or create derivative works of the app of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the app.
- You warrant to otherwise comply with the terms (hereinafter referred to as the “License”).
- For avoidance of any doubt this license is a personal, non-exclusive, non-transferable, non-sub licensable, and revocable and a limited license to download and use the app on devices that you own or control.
As our services and user experiences are constantly evolving, we may from time to time, add, change, modify, discontinue or remove features from our services (including in relation to whether a service is free of charge or not), without cause, temporarily or permanently with or without any notice to you.
You agree that Wemet Management Services Ltd shall not be liable to you or to any third-party for any modification, suspension, or discontinuation of the Service.
Intellectual Property Rights
All intellectual property rights in or to our services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these terms.
You have no right to use our intellectual property rights. You have no right to use our trademarks or product names, logos, domain names, or other distinctive brand features without our prior written consent.
Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
Where our services involve you downloading and using any software from us, we grant you a limited, personal, non-exclusive, non-sub licensable, non-transferable, royalty-free and revocable license to use the software to use our services in accordance with these terms (including any specific technical requirements that relate to the software or its use on your device).
You may not copy, modify, reverse compile, reverse engineer, or extract source codes from our software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from our software, you will first contact us to request the information you need.
We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.
Warranty and Disclaimer
We warrant to you that we will provide our services using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE OR GROUP COMPANIES NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, ASSOCIATES, AGENTS, OR OFFICERS MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED, OR DISPLAYED BY OUR SERVICES, INCLUDING:
ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR FREE FROM VIRUSES.
THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE.
THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
YOU UNDERSTAND THAT THE SERVICE IS PURELY MEANT FOR YOUR PERSONAL PURPOSES ONLY. WE DO NOT PROVIDE ANY GUARANTEE AS TO THE PERFORMANCE OF OUR SERVICES, SOFTWARES OR CONTENT. IN THIS RESPECT YOU EXPRESSLY AGREE TO HOLD US, OUR AFFILIATE AND GROUP COMPANIES, OUR DIRECTORS, ASSOCIATES, AGENTS AND OFFICERS HARMLESS FROM ALL DIRECT AND INDIRECT CLAIMS ARISING FROM PRODUCT LIABILITY AND UNDERSTAND THAT YOU ARE REQUIRED TO TAKE APPROPRIATE PRECAUTIONS AND MEASURES WHILE USING OUR SERVICES TO PREVENT MISUSE OF YOUR CONTENT IN ANYWAY.
Liability For Our Services And Software
To the extent permitted by applicable laws and regulations, the total aggregate liability of us and our affiliate companies for all claims in connection with the terms or our services or software, arising out of any circumstances, will be limited to the lesser of the following amounts:
The amount that you have paid to us for your use of our service or software to which the claim relates in the 6 months immediately preceding the date of the most recent claim.
GBP 25 (twenty-five pounds sterling). To the extent permitted by applicable laws and regulations, in no event will we or any of our affiliate companies, to the extent permitted by applicable laws and regulations, be liable under any circumstances for any indirect, special, consequential, exemplary or punitive damages or for any loss of business, revenues, profits, goodwill, content or data.
Notwithstanding any other provisions of the terms, nothing in the terms limits or excludes any of your statutory rights in your jurisdiction, to the extent these may not be excluded or waived under applicable laws and regulations.
You agree that you will be responsible for complying with applicable local law in your jurisdiction for use of the app.
Please note that we are not responsible or liable for any third-party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of our services or software.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR AFFILIATE AND GROUP COMPANIES, OUR DIRECTORS, ASSOCIATES, AGENTS AND OFFICERS HARMLESS FROM ALL DIRECT AND INDIRECT CLAIMS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO LAWYERS OR LEGAL FEES) ARISING FROM:
- YOUR USE OF AND ACCESS TO THE SERVICES
- YOUR VIOLATION OF ANY OF THE TERMS
- YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS
- ANY CLAIM THAT YOUR CONTENT SUBMISSIONS CAUSED DAMAGE TO A THIRD PARTY
- THE OBLIGATIONS CONTAINED IN THIS CLAUSE SHALL SURVIVE THE TERMS OF SERVICE AND YOUR USE OF OUR SERVICES.
This Agreement commences on the date you accept these terms, that is, on the date you download and install the app on your device. We may terminate or suspend your use of the app or the website at any time at our discretion, without notice to you.
These terms will apply to your use of our services until access to the relevant services is terminated by either you or us.
We may suspend, deactivate, or terminate your access to your account or any or all our services:
- If we reasonably believe that you have breached these terms
- If your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third-party claims against us or is potentially damaging to our reputation
- If you fail to use our services for a prolonged period
- For any other reason.
Where reasonably practicable, we will give you notice of any suspension or termination.
Transfer Of Rights And Obligations
You shall not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract, without your prior consent.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control, failure of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the terms may be performed despite the Force Majeure Event. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these terms.
You acknowledge and agree that, you have not relied on any representation, undertaking or promise or implied any warranty or thing, whether said by spoken words or in writing except as expressly stated herein.
The invalidity of any provision of the terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision).
If a court holds that we cannot enforce any part of the terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable law, without changing the remaining terms of the terms.
No delay in enforcing any provision of the terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under the terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of the terms.
The headings in the terms and conditions are for convenience only and have no legal or contractual effect. The terms and conditions fully operate permissible by law.
Our Right To Vary The Terms
We have the right to revise and amend these terms from time to time, so please come back and review them from time to time.
By continuing to use our services after any changes to these terms, with or without notice from us, you are agreeing to the revised Terms of Service.
You agree that at any point in time, you will be subject to the terms as last revised and in force.
The applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court), the terms and any dispute or claim arising out of or in connection with the terms will be governed by the laws of England and Wales.
This Agreement shall be governed by the laws of England and Wales. You irrevocably consent to the exclusive jurisdiction of courts in England, for all disputes arising out of or relating to this Agreement.
Updated Version – 14th June 2023