In order to use the MessageApp Service, you need to
You understand and agree that MessageApp may change this EULA at any time without prior notice; provided that MessageApp will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised EULA that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised EULA. If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates MessageApp provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 2, no revisions to this EULA will apply to any dispute between you and MessageApp that arose prior to the effective date of such revision.
Here’s some information about all the ways you can enjoy MessageApp.
MessageApp account holders may access the MessageApp Service through any of our two plans:
MessageApp Basic: This is a pay-as-you-go plan on which you pay for each message you buy. Messages purchased on this plan are charged at the prevailing price, and you can listen to such messages while connected to the internet or save them to your device for offline listening. You may not transfer copies of saved messages to any other device via any means.
MessageApp Standard: This is a monthly subscription service that allows you to listen to an unlimited number of messages while connected to the internet. You may not save messages streamed on this plan to your device. To save a message to your device, you must pay for it at whatever price is charged at the point of purchase. You may not transfer copies of saved messages to any other device via any means. Your subscription will be automatically renewed at the end of each 30-day subscription period.
If you have purchased a code sold by or on behalf of MessageApp for access to the MessageApp Standard Service for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from MessageApp (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer.
Subject to any rights you may have under Section 11, Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.
From time to time, we may offer trials of the MessageApp Standard Service for a specified period without payment (a “Trial”). MessageApp reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the MessageApp Standard Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the MessageApp Basic Service through your MessageApp account’s settings before the end of the Trial.
The MessageApp Service and the content provided through it are the property of MessageApp or MessageApp's licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the MessageApp Service and to receive the media content made available through the MessageApp Service in your Local Country, based on the Subscription or Trial you have selected (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or MessageApp.
The MessageApp software applications are licensed, not sold, to you, and MessageApp retains ownership of all copies of the MessageApp software applications even after installation on your Devices. MessageApp may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-license your rights under this License, to any third party.
All MessageApp trademarks, service marks, trade names, logos, domain names, and any other features of the MessageApp brand are the sole property of MessageApp. This License does not grant you any rights to use the MessageApp trademarks, service marks, trade names, logos, domain names, or any other features of the MessageApp brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the MessageApp Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
Third party software libraries included in the MessageApp Service are licensed to you either under these Terms, or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and on our website.
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the MessageApp Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to other information to you, and (c) to allow our business partners to do the same. These Terms are not intended to grant rights to anyone except you and MessageApp, and in no event shall these Terms create any third party beneficiary rights. Any failure by MessageApp to enforce these Terms or any provision thereof shall not waive MessageApp’s right to do so.
We’ve established a few ground rules for you to follow when using the Service, to make sure MessageApp stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
MessageApp respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the MessageApp Services or content delivered to you via the MessageApp Services, or otherwise any making use of the MessageApp Service which is not expressly permitted under these Terms; (b) using the MessageApp service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the MessageApp Services or any part thereof; (d) circumventing any technology used by MessageApp, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by MessageApp; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the MessageApp Service; (i) providing your password to any other person or using any other person’s user name and password.
Please respect MessageApp and other users of the MessageApp Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that
Please be thoughtful about what you make public on MessageApp. The MessageApp Service may include social and interactive features in the future, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on MessageApp or across the web, so please use MessageApp carefully and manage your account settings regularly. MessageApp has no responsibility for your choices to make any actions or material public on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
MessageApp respects the rights of intellectual property owners. For details on MessageApp’s copyright policy, click here.
MessageApp will make reasonable efforts to keep the MessageApp Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. MessageApp reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the MessageApp Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the MessageApp Service or any function or feature thereof. You understand and agree that MessageApp has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
Currency: All charges and payments for services rendered to you on MessageApp will be made in the currency specified at the point of purchase. Currency exchange settlements and foreign transaction fees, if any, are based on your agreement with your payment method provider.
Cancellations: If you have a Paid Subscription (to the MessageApp Standard Service), your payment to MessageApp will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your “Plans” page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the MessageApp Basic Service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
Prices: Published prices do not include taxes. If any services rendered to you are subject to sales tax in any jurisdiction, you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority.
MessageApp may change the price for the MessageApp Standard Service from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the MessageApp Service after the price change takes effect, you accept the new price.
These Terms will continue to apply to you until terminated by either you or MessageApp. MessageApp may terminate the Terms or suspend your access to the MessageApp Service at any time, including in the event of your actual or suspected unauthorised use of the MessageApp Service or non-compliance with the Terms. If you or MessageApp terminate the Terms, or if MessageApp suspends your access to the MessageApp Service, you agree that MessageApp shall have no liability or responsibility to you and MessageApp will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your MessageApp account, please contact us through the Customer Service contact form.
We endeavor to provide the best service we can, but you understand and agree that THE MESSAGEAPP SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE MESSAGEAPP SERVICE AT YOUR OWN RISK. MESSAGEAPP DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, MessageApp does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the MessageApp Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that MessageApp is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the MessageApp Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from MessageApp shall create any warranty on behalf of MessageApp in this regard. Some aspects of this section may not apply in some jurisdictions.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the MessageApp Service, the Third Party Applications or the Third Party Application content is to uninstall any MessageApp software and to stop using the MessageApp Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MESSAGEAPP, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE MESSAGEAPP SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MESSAGEAPP HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE MESSAGEAPP SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO MESSAGEAPP DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits MessageApp’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
These Agreements constitute all the terms and conditions agreed upon between you and MessageApp and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to MessageApp are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by MessageApp that are not contained in the Agreements.
Please note, however, that other aspects of your use of the MessageApp Service may be governed by additional agreements. That could include, for example, access to the MessageApp Community for customer support, access to the MessageApp Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full here. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.
Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Nigeria, without regard to choice or conflicts of law principles. Further, you and MessageApp agree to the exclusive jurisdiction of the courts of Nigeria to resolve any dispute, claim or controversy that arises in connection with these Agreements.
If you are a United States user, the following mandatory arbitration provisions also apply to you:
Jurisdictional Issues: The Service is controlled and operated by MessageApp from its offices in Lagos, Nigeria. MessageApp makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than the Federal Republic of Nigeria. Those who choose to access or use the Service from locations outside the Federal Republic of Nigeria, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
Feedback: While our own staff are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending MessageApp or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “ Feedback ”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to MessageApp, you agree that:
Contact Us: If you would like to contact us in connection with your use of the Service, then please refer to the contact information below (by mail):MessageApp Limited
You may also contact us by e-mail at email@example.com.