Terms of Service
1. Your Acceptance
2. Insyda Service
These Terms of Service apply to all users of the Insyda Service. Information provided by our users through the Insyda Service may contain links to third party websites that are not owned or controlled by Insyda. Insyda has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Insyda will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Insyda shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Insyda Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Insyda with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Insyda 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 the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Insyda to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You are solely responsible for the messages that you submit and that are displayed for your mobile phone number on the Insyda Service. You must notify Insyda immediately of any breach of security or unauthorised use of your mobile phone. Although Insyda will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of Insyda or others due to such unauthorised use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Insyda servers in a given period of time than a human can reasonably produce in the same period by using a Insyda application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Insyda grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Insyda reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Insyda clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the Insyda Service along with Insyda created text, scripts, graphics, interactive features and the like, except Chat Messages (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Insyda, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Insyda reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.
5. User Availability Status Submissions
A. The Insyda Service allows Insyda users to submit availability status and its technical details including but not limited to your settings such as ring volume level, vibro state, screen lock state, battery level. These Availability Status details may be hosted, shared, and/or published as part of the Insyda Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked. Currently, we have no method of providing different levels of visibility of your Availability Status Submissions among users that have your mobile phone number – you acknowledge and agree that any Availability Status Submissions may be globally viewed by users that have your mobile phone number unless you have explicitly blocked the Submissions. You understand that whether or not such Availability Status Submissions are published, Insyda does not guarantee any confidentiality with respect to any submissions.
B. Insyda permits you to link to materials on the Service for personal purposes only. Insyda reserves the right to discontinue any aspect of the Insyda Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Insyda SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Insyda, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. Insyda MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Insyda SERVICE. Insyda DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Insyda SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER SUBMISSION OR OTHER ADVERTISING, AND Insyda WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT Insyda SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Insyda from its facilities in the United Kingdom. Insyda makes no representations that the Insyda Service is appropriate or available for use in other locations. Those who access or use the Insyda Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Insyda, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Insyda Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Insyda Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Insyda Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Insyda Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Insyda without restriction.
The Information Insyda Collects
Insyda may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to Insyda when choosing to participate in various uses of the Insyda Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the Insyda Service, Insyda will access your address book or contact list on your mobile phone to locate the mobile phone numbers of other Insyda users (“in-network” numbers), or otherwise categorise other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.
Insyda Insyda Service may send push notifications to your phone at any time as an indication of any activity related to your account. Other users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked may also initiate different ringtones played on your phone as well as initiate flash light blinks as part of manual instant notifications.
Automatically Collected Information:
Insyda may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use Insyda. When you Insyda Service, we may use GPS technology (or other similar technology) to determine your current location in order to determine your position within one or more Places defined in the Service by you. We will not share your precise current location with other users or partners. A name of your current Place defined by you may be visible to other users of the Service.
Cookies Information: When you visit the Insyda Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Insyda uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Insyda Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the Insyda Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number and various status information. When you use the Insyda Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
The Information Insyda Does Not Collect
Insyda does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers—the Insyda mobile application will associate whatever name the Insyda user has assigned to the mobile telephone number in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself and not on Insyda’s servers and is not transmitted to Insyda. This means that if you have your friend’s mobile phone number associated with the name “Shakespeare” in your mobile address book, that’s the name that will appear for that mobile phone number in your Insyda contact list.
The contents of messages that have been delivered by the Insyda Service are not copied, kept or archived by Insyda in the normal course of business. Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a Insyda user), if that recipient is online. If the recipient is not online, the undelivered message is held in Insyda’s server until it can be delivered.
The Way Insyda Uses Information
When Insyda Discloses Information
Other users of the Insyda Service may see your Availability Status and its details in a way that is consistent with the use of the Insyda Service. For example, a status "Busy” set by phone number +44 (7903) 123-456 will be available to every user of the Insyda Service who has that mobile phone number in their mobile phone’s address book or contact list. In other words: If another user has your mobile phone number stored in their mobile phone address book or contact list, they will be able see your status information unless you have chosen to block such user. Your Availability information is available and displayed to each user who has your mobile phone number in their mobile phone address book or contact book (and which you have not blocked), and reflects the last approximate time the Insyda mobile application has been used or brought to the foreground on your mobile phone.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Insyda Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Insyda Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws, international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Insyda also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Insyda believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Insyda Site or our servers, and to protect the rights, property, or personal safety of Insyda, our users or others.
Our Commitment To Data Security
Insyda uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Insyda and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Insyda Service is never recommended. Once we receive your transmission of information, Insyda makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Insyda learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Insyda may post a notice on the Insyda Site or through the Insyda Service if a security breach occurs.
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason, Insyda does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Insyda Site or Insyda Service from persons under 16 years of age, and no part of the Insyda Service is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the Insyda Service or access the Insyda Site at any time or in any manner. If Insyda learns that Personally Identifiable Information of persons under 16 years of age has been collected on the Insyda Site or Insyda Service, then Insyda may deactivate the account and/or make the status submissions inaccessible.
In the Event of Merger, Sale, or Bankruptcy
In the event that Insyda is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganisation, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
Date Last Modified:
This Privacy Notice was last modified June 15th, 2015