Secret Message Terms & Conditions
Thank you for using the Services provided by TeleStar LTD, its affiliates and subsidiaries (individually and collectively, "TeleStar").
Your agreement with TeleStar LTD consists of these Terms and Conditions. By subscribing to, using, downloading the App or paying for the Services (as defined below), you agree to the prices, charges, terms and conditions in this Agreement. If you do not agree to these prices, charges, terms and conditions, do not use the Services.
This Agreement applies if you have subscribed or downloaded the app 'Secret Message'. TeleStar reserves the right to change the Terms at any time.
The Secret Message App offers you, among other things, the ability to create messages that can be viewed only at specific time and location. The message is displayed using a web browser from the recipient phone or computer. While the app helps the user to send the message the actual transfer is done via standard means uncontrolled by the app, for example SMS messages, email or any other messaging app.
In its sole discretion, TeleStar may accept or reject your order for Services for any lawful reason. Before activation of any Service, TeleStar may check your credit, verify your identity, charge a deposit, prepayment or other fee to establish or maintain Services, or require that you execute any authorisations and verifications it deems necessary. For any number of reasons, the Services may not be activated immediately.
1.2. Credit Limits and Deposits
If TeleStar bills you for the Services and we determine that you may be a credit risk because of (1) fraudulent or abusive use of any Services; (2) late payments for current or prior bills; or (3) high volume usage of the Services (each a "Credit Risk"), TeleStar may set a limit to your use of the Services. If you exceed the limit, TeleStar reserves the right to restrict your access to the Services, and will provide notice of such restriction as soon as reasonably practicable.
1.3. Cancellation of Service by Customer
Users without subscription can cancel the Service by uninstalling the app from the phone. Subscribed users should in addition cancel their subscription from the iPhone settings.
1.4. Restrictions on Use of Service
The Services cannot be used in an unlawful, fraudulent or abusive manner.
You affirm that you are over the age of 18, as the Services are not intended for children under 18.
1.5. Discontinuation of Services by TeleStar
TeleStar may immediately discontinue or otherwise limit your use of the Services without notice if (1) TeleStar has reasonable grounds to believe that you have used the Service in an unlawful, fraudulent or abusive manner, (2) you fail to pay for the Services, (3) TeleStar determines that you are a Credit Risk, (4) you refuse to pay a deposit or adhere to a credit limit, required by TeleStar to reduce your Credit Risk, (5) you fail to provide information, or provide false information, that is essential for billing, (6) you have breached this Agreement and (7) you have acted in a manner that is threatening, obscene, harassing, or abusive to TeleStar personnel(each, "User Default "). The discontinuance of the Services by TeleStar does not relieve you of any obligation to pay TeleStar for charges due and owing for Services furnished up to the time of discontinuance. Without derogating from any of the aforesaid, Telestar may reject your order for Services if it has reasonable grounds to believe that you are expected to cause a User Default.
1.6. Unauthorized Use
You agree and understand that you are responsible for maintaining the confidentiality of the passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Telestar for all activities that occur under your account. You are responsible for preventing the unauthorized use of the Services, and you are responsible for payment for any such unauthorized use, and for any and all damages caused by such unauthorized use.
You must notify TeleStar at email@example.com of any known or suspected breach of security, including theft, loss, or unauthorized disclosure of your password or credit card information, or unauthorized access or use(s) of your account, or any known or suspected.
2.1. The sent messages can be viewed via a browser, from either a mobile phone or a computer.
2.2. No Backup or Recovery
The messages are saved until deleted by the user. Telestar shall not be responsible in any manner for any backup or recovery of any of your messages. If you install the app on a new device the messages you have sent from a different device will not appear on the new device.
3.1. The users must pay a weekly subscription to use the service. The subscription is set on a weekly basis with a 3 days free trial period. Rates may vary depending on the subscriber country. The subscription price is displayed in the app. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase and clicking on Manage Subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. Payment will be charged to the subscriber's iTunes Account once the purchase is confirmed.
4. Rate changes and Billing
4.1. Notice of Rate Changes
TeleStar may change the service price and other terms of the Agreement from time to time.
4.2. Billing Errors
Billing errors may occur. If you have been undercharged, we, in our sole discretion, may change your credit to match the amount for which you were incorrectly not charged.
Disputes concerning any charges must be raised within 30 days of the payment date. Disputes may be raised by emailing us to firstname.lastname@example.org. Any charges not disputed within 30 days of the invoice date will be considered accepted. If after an investigation TeleStar determines that the disputed amounts are in fact due, TeleStar will require payment and, if necessary, may refer the account to a collections agency for collection.
5. Privacy Statement and Policies
5.1 TeleStar recognizes and respects the privacy expectations of its customers and makes significant efforts to protect the privacy of its customers. Refer to the Privacy Statement for more details.
Note: E-mail sent to TeleStar may be used to answer questions, to follow up on questions and/or to improve the level of service provided to users. E-mail is not secure and is subject to interception by unauthorized individuals. If you wish to send personal or sensitive information, it should be sent by postal mail.
We maintain security measures to protect your information from loss, misuse and alteration of information under our control. Our site employs SSL 128 bit encryption when private information is passed from you to us. The level of encryption you ultimately obtain is dependent upon your browser's capabilities.
If you have any questions about security at our web site, please send an email to email@example.com
5.7 Sharing of Information to Telestar Employees
Within TeleStar, the disclosure of customer information to employees will be made for business purposes only on a need to know basis.
5.8 Third Parties
If any personal information, about you or your use of the Services, is collected by us, it is hereby agreed that: (a) to the extent required under applicable data processing laws and regulations, such information will be stored in Telestar’s data base and will be used in accordance with such applicable laws and regulations; and (b) certain such information may be disclosed without your prior consent and without any liability to you or any third party, to the extent necessary or appropriate (i) to comply with applicable laws or in legal proceedings where such information is relevant; or (ii) to protect and defend the rights or property of Telestar or enforce or further the application or intent of these Terms.
5.9 Consent to Monitoring
TeleStar is under no obligation to monitor the information residing on or transmitted to its server of the Apps. However, anyone using the Service agrees that TeleStar may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. TeleStar reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these Terms.
Should any user of the Service provide TeleStar with feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively "Feedback"), such Feedback shall be deemed to be no confidential and TeleStar assumes no obligation to protect such Feedback from disclosure. The submission of such Feedback to TeleStar shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by TeleStar for any purpose whatever and TeleStar shall be free to reproduce, use, disclose and distribute such Feedback to others without restriction.
We continually strive to maintain accurate and complete information about our users, members, customers, and clients. If you believe that information is inaccurate or incomplete, you should notify firstname.lastname@example.org with concerns and the accurate information. We will use reasonable efforts to correct the incorrect information.
6. Users Conduct
Any unauthorized commercial use of the Services, is expressly prohibited. You agree to abide by all applicable local, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including the content of any transmissions through the Services. By way of example, and not as a limitation, you agree not to:
(a) Create a false identity mobile phone header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
(b) Transmit through the Services, associate with the Services or publish with the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
(c) Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
(d) Libel, defame or slander any person, or infringe upon any person's privacy rights;
(e) Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
(f) Engage in any other activity that Telestar believes could subject it to criminal liability or civil penalty or judgment.
If you believe that material located on or linked to by Telestar website or the Apps violates your copyright, you are encouraged to notify Telestar. Telestar will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Telestar or others, Telestar may, in its discretion, terminate or deny access to and use of the Services. In the case of such termination, Telestar will have no obligation to provide a refund of any amounts previously paid to Telestar.
7. Proprietary Rights
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics, services, logos, information, documents or other material presented on the Telestar website and the Apps (“Content”), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
All Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Telestart prior written consent.
Telestart grants you a non-exclusive, non-transferable and limited right to access and display to the Content, and/or to reproduce and/or distribute such Content solely for internal, non-commercial use thereof. This permission is conditioned on your not modifying the Content, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of these Terms. Telestar does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
8. Third Party Content
TeleStar is linked to by other Internet sites and resources. Any access to third party content is made at your own risk. TeleStar is not responsible for the content or is in any way associated with these third parties. All inquiries regarding the linking sites should be directed to those sites. We may provide links to other web sites that we think may be of interest to our users. By providing links, we are not endorsing the materials and content disseminated at those web sites, and we are not responsible for the materials and content at any other site.
USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS THAT MAY BE PROVIDED IN THE COURSE OF PROVISION THE SERVICES, ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. TELESTAR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, TELESTAR MAKES NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD THE APPS OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
9.2 Limitation of Liability
IN NO EVENT WILL TELESTAR BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SERVICES OR ANY USE OF THE APPS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED IN CONNECTION THERETO, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TELESTAR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Without derogating from the generality of the aforesaid: (a) you agree that TeleStar should not be responsible for any third-party claims against TeleStar that arise from your use of the Services; (b) TeleStar will not be liable for any damages if Services are interrupted, or there is a problem with the interconnection of TeleStar's Services with the services or equipment of some other party;
If you are dissatisfied, your sole and exclusive remedy under this Agreement is to discontinue use of the Services. Since some states/jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and limited to those expressly provided for in this Agreement.
You agree to defend, indemnify and hold TeleStar, its officers, directors, employees, agents, subsidiaries, customers, partners, Suppliers, and affiliates (the "Indemnified Parties"), from and against any and all liability, costs, and settlements, including, without limitation, reasonable attorneys' fees and accounting fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of this Agreement by you or any user of any account assigned to you, whether such user is authorized or unauthorized. TeleStar will promptly provide notice to you of any such claim, suit, or proceeding and, at your expense, will reasonably cooperate with you in your handling of such matter.
9.4 Force Majeure
TeleStar is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content, information, service, carriers, Product, Software, or Demonstrations. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to TeleStar.
10.1. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
10.2. No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision.
10.3 This Agreement constitutes the entire Agreement between you and TeleStar with respect to the Services and supersedes any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any subscription plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.
10.4 Official correspondence must be sent via postal email to:
10.5 You may not modify or assign this Agreement. In its sole discretion, TeleStar may assign this Agreement. Telestar frequently updates, modifies, and otherwise continually seeks to improve the Services. Such changes often dictate that TeleStar simultaneously modify the Agreement. As such, TeleStar shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the Services, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use of the Service after any such change has been posted, shall constitute the acceptance of any such changes. If you do not agree with any such changes, the Services may be canceled in accordance with the procedures for cancellation set forth in this Agreement. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes.
10.6. This Agreement is binding upon you and TeleStar, their respective heirs, successors and permitted assigns.
10.7. Any liability or obligation of a party to the other party under sections 1.5, 4,5,7,9 and this section 10, of these Terms, will, in each case, survive cancellation or termination of this Agreement.
10.8. Headings in this Agreement are for reference only and have no effect on the meaning of any provision.
Last updated November 12, 2019