Whatsapp

WhatsApp, Inc. Licensed Application End User License Agreement

IMPORTANT: CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THE WHATSAPP SOFTWARE, MOBILE APPLICATIONS, SYSTEMS, DEVICES OR SERVICES (collectively, the "Software") PROVIDED BY WHATSAPP, INC. ("WhatsApp"). By selecting the "OK" button, or by installing or using the Software, you expressly accept and agree to be legally bound by this Licensed Application End User License Agreement (the "Agreement"), which incorporates by reference the WhatsApp Terms of Service and PrivacyNotice, each of which may be updated by us from time to time withoutnotice to you. You can review the most current version of the Terms of Service at: http://www.whatsapp.com/legal/#TOS, and the Privacy Notice at http://www.whatsapp.com/legal/#Privacy. If you select "Cancel" the installation process will not proceed. Do not select "OK" or install or use the Software until you have carefully read, understood and agreed to this Agreement, including the Terms of Service and Privacy Notice. If you do not want to be bound by this Agreement, do not install or use the Software.

The Software made available to you is licensed, not sold, to you. Your license to each product that you obtain through WhatsApp's website is subject to your prior acceptance of this Agreement, and you agree that the terms of this Agreement will apply to each product that you license from WhatsApp. Any product that is subject to the license granted under this Agreement is referred to herein as the "Licensed Application". WhatsApp reserves all rights in and to the Licensed Application not expressly granted to you under this Agreement.

a. Scope of License: The initial license granted to you for the Licensed Application by WhatsApp is limited to a non-transferable license to use the Licensed Application on any mobile device that you own or control, for a limited free trial period after your confirmed registration (the "Trial Period"). If you wish to use the Licensed Application after the Trial Period, you must register for a paid subscription with WhatsApp, at which time WhatsApp shall grant you a non-transferable license to use the Licensed Application on any mobile device that you own or control, for a period of one year (the "Subscription Period"), subject to the same restrictions listed in this Agreement. After the Subscription Period, you must re-register for a paid subscription with WhatsApp to continue to use the Licensed Application. WhatsApp may disable, restrict or terminate either a free license or a paid licensee upon any breach of the terms of this Agreement by You. These licenses do not allow you to use the Licensed Application on any mobile device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by the Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of WhatsApp and its licensors. If you breach this restriction, You may be subject to prosecution and damages.

The terms of these licenses will govern any upgrades provided by WhatsApp that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that WhatsApp may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. WhatsApp may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Additionally, you agree that in order to maintain the quality and reliability of the Licensed Application, WhatsApp may utilize the processor and bandwidth of your mobile device for the limited purpose of facilitating communication between WhatsApp users. WhatsApp will use its commercially reasonable efforts to protect the integrity of the device resources; however WhatsApp cannot give any warranties in this respect.

c. Fees and Termination. Any fees that WhatsApp charges for the Subscription Period are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on WhatsApp's income.

If you register for a paid subscription, You agree to provide WhatsApp with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact. If the contact information you have provided is false or fraudulent, WhatsApp reserves the right to terminate your access to the Licensed Application, Software and/or Services in addition to any other legal remedies. By registering for a paid subscription, You expressly agree and authorize WhatsApp to charge the applicable subscription fee to your PayPal, Google Checkout, debit or other credit card or payment method.

If you believe your bill is incorrect, you must contact us in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

The license is effective until terminated by you or WhatsApp. Your rights under this license will terminate automatically without notice from the WhatsApp if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

In addition to any other rights it may have, WhatsApp reserves the right to suspend or terminate this Agreement and your access to the Licensed Application, Software and/or Service if your account becomes delinquent (falls into arrears).

WhatsApp reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Licensed Application, Software and/or Service.

You acknowledge that in the event that you uninstall the Licensed Application or your license is terminated, you may still appear as a WhatsApp user to other WhatsApp users who know your phone number. If you wish to be removed, please email your full phone number including country code with the subject line "Remove" to support@whatsapp.com.


d. Services; Third Party Materials. The Licensed Application may enable access to WhatsApp's and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service.

You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that WhatsApp shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that WhatsApp is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. WhatsApp does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither WhatsApp, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Licensed Application or Services in any manner to spam, harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that WhatsApp is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services. You shall not use the Licensed Application or Services for any illegal activities, and WhatsApp may suspend or terminate your license immediately if WhatsApp determines, in its sole discretion, that you are in breach of this section or any provision of this Agreement.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from your mobile device are not available in all languages or in all countries. WhatsApp makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. WhatsApp, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will WhatsApp be liable for the removal of or disabling of access to any such Services. WhatsApp also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WHATSAPP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WHATSAPP OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall WhatsApp's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

j. This Agreement (and any other agreements incorporated by reference herein) constitutes the complete and exclusive statement of the agreement between you and WhatsApp, which supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this Agreement.