Terms of Use for SayType

Last Updated: November 8, 2023.

Welcome to SayType. Locify, Inc. ("Locify", "we", "us", or "our") is dedicated to advancing and producing innovative applications like SayType ("App") that deliver significant value to our users. These Terms of Use ("Terms") apply to all products offered by Locify, Inc., and your access to and use of the App is conditioned on your acceptance of and compliance with these Terms.

By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our App. If you are using our App on behalf of an organization, you are agreeing to these Terms for that organization and confirm that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

Acceptance of Terms

By accessing, using, uploading, or downloading any information or materials to or from the Services, or by indicating your assent to these Terms by creating an account, clicking “Sign Up” or any similar mechanism, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App. This agreement was written in English. To the extent a translated version of these Terms conflicts with the English version, the English version controls.

Authority to Bind

If you access or use the Services on behalf of a company or other entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, which is fully binding on them. In such a case, "you" will refer to that entity and its affiliates. If you do not have such authority, you may not access or use the Services.

Data Processing Acknowledgment

The provision of the SayType Services cannot be offered without processing data about you, including location data. Processing of the data you share with us is essential to the Services we provide and a necessary part of our performance of the agreement we have with you.

Dispute Resolution

These Terms contain provisions that govern how disputes between you and Locify are resolved. This includes an agreement to arbitrate, which will, with limited exceptions, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Locify on an individual basis, unless you opt out in accordance with the instructions provided.

Registration and Accounts

The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. By registering, you confirm that you are of legal age to form a binding contract in your jurisdiction or that your parent or legal guardian has agreed to these Terms on your behalf.

You agree to (a) provide true, accurate, current, and complete information about yourself when registering ("User Data") and (b) maintain and promptly update the User Data. You also agree to create only one account for personal use and not to share your account or subscription with others. If you provide any information that is untrue or inaccurate, or if we have reason to suspect that your information is untrue or inaccurate, we reserve the right to suspend or terminate your account and refuse any current or future use of the Services.

Account Security

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. We use reasonable security measures to protect against unauthorized access to your account but cannot guarantee absolute security. You must notify us immediately of any unauthorized use of your account or any other breach of security.

Third-Party Login

If you register for or log into your account via a third-party network (e.g., Facebook or Google), you authorize us to access certain account information from the third-party network and agree to abide by the applicable terms and conditions of that network.

Locify's Rights

Locify reserves the right to review accounts and user actions for compliance with these Terms. We reserve the right, but are not obligated, to remove or disable access to any content that violates these Terms or any applicable law.

Changes to Terms

We may modify these Terms at any time. We will provide notice of any significant changes, and your continued use of the App after such changes will constitute acceptance of the new Terms.

Auto-Renewing Subscriptions

  • Payment will be charged to the payment method on file at confirmation of purchase.
  • Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period.
  • Accounts will be charged for renewal within 24 hours prior to the end of the current period, with the renewal cost identified.
  • Users can manage their subscriptions and turn off auto-renewal by going to their account settings after purchase.
  • Any unused portion of a free trial period, if offered, will be forfeited upon purchasing a subscription.

General Prohibitions

You agree not to do, or attempt to do, the following:

  • Probe, scan, or test the vulnerability of any Locify system or network.
  • Access, tamper with, or use non-public areas of the App, Locify’s computer systems, or the technical delivery systems of Locify’s providers.
  • Decipher, decompile, disassemble, or reverse engineer any software used to provide the App.
  • Interfere with the access of any user, host, or network, including distributing malware or conducting denial-of-service attacks.
  • Access or search the App through unauthorized means, such as unauthorized software or devices.
  • Send unsolicited communications, promotions, advertisements, or spam.
  • Misrepresent your affiliation with any person or entity.
  • Violate the privacy or infringe the rights of others.
  • Violate any applicable law or regulation.
  • Encourage or enable others to do any of the above.

Enforcement

We reserve the right to monitor the App and to remove or disable access to any content that violates these Terms or any applicable law. We may investigate and work with law enforcement authorities to prosecute users who violate the law.

Payments and Fees

Payments

To utilize any paid aspect of the Services, you must provide information regarding your preferred payment method (e.g., credit card, online payment service, or any other payment method made available by Locify). By submitting your payment information, you authorize us, along with certain third-party service providers, payment card networks, and payment processors, to receive, store, and encrypt your payment information.

If your payment is managed through a third party like iTunes or Google Play, changes to your Payment Method should be made through the corresponding store account. Locify does not provide refunds or credits except as outlined in these Terms.

Fees

Access to certain functionalities of the Services may require you to pay subscription fees. These fees, along with any applicable taxes, may be paid on a monthly or annual basis and are due in advance. Subscribers moving from a monthly to an annual subscription will see the annual rates take effect at the start of the next billing cycle.

You agree to pay all fees and charges incurred in connection with your Locify account, whether on a one-time or subscription basis. Locify reserves the right to change subscription fees, associated taxes, or to institute new fees at any time with reasonable advance notice.

Auto-Renewal

Subscription fees are billed at the beginning of each subscription period, either monthly or annually, and will auto-renew until your subscription is downgraded or terminated. Unless otherwise notified, your subscription fee will remain the same as your initial charge. You may cancel your subscription at any time as described in the Cancellation section below.

Cancellation of Subscription

You may cancel your subscription at any time by visiting your account settings within the App. The cancellation will take effect at the end of your current billing cycle, at which point your account will revert to a free subscription. You may renew your subscription at any point without needing to open a new account, though subscription fees may have increased. Your account can be deleted at any time.

Free Trials

Subscriptions may begin with a free trial period as specified during the sign-up process. Free trials cannot be combined with other offers unless stated otherwise. If you start with a free trial, billing will commence at the end of the trial period unless cancelled beforehand. An authorization for up to approximately one month of service may be made on your Payment Method when you start a free trial. This may affect your available balance or credit limit, but no charges will be made unless you do not cancel before the end of the free trial. You may cancel at any time through your account settings.

DMCA/Copyright Policy

We respect copyright law and expect our users to do the same. We will terminate accounts that are determined to be repeat infringers of copyright.

Claims of Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Locify, Inc., in relation to the SayType product, reviews claims of copyright and trademark infringement. If you believe in good faith that materials hosted by SayType infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on SayType are covered by a single notification, a representative list of such works);
  • Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SayType to locate the material on the services;
  • The name, address, telephone number, and email address (if available) of the complaining party;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must be sent to hello@saytype.com.

Please be advised that Locify, Inc. will not respond to complaints that do not meet these requirements. We may share your information with third parties when we forward DMCA-compliant notifications, which will be forwarded as submitted to us without any deletions. If Locify, Inc. determines that the materials alleged to infringe your copyright or trademark rights do not require removal, SayType will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information:

  • Your name, address, and telephone number;
  • The source of the content that was removed;
  • A statement under penalty of perjury that you have a good-faith belief that the content was removed in error;
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Locify, Inc. may be found, and that you will accept service of process from the person who provided the original complaint; and
  • A physical or electronic signature (for example, typing your full name).
  • Counter-notices must be sent to hello@saytype.com.

    Notices and counter-notices with respect to SayType must meet the then-current statutory requirements imposed by the DMCA (see copyright.gov/title17/92appb) and should be sent to the designated agent of Locify, Inc. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

    Content and Conduct Restrictions

    Locify, Inc.'s Acceptable Use Policies regarding the SayType product describe restrictions on content and conduct and are incorporated by reference into these terms. You agree to comply with those policies.

    Changes to Terms

    We may modify these Terms at any time. We will provide notice of any significant changes and your continued use of the App after such changes will constitute acceptance of the new Terms.

    Contact Us

    If you have any questions about these Terms, please contact us at hello@saytype.com.

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