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Pool Terms of Service

Last modified: 08/08/2020

Welcome!

In case you’re not familiar, Pool is an app that helps you do more things with your friends and family.

We’ve drafted these Terms of Service (which we aptly call the “Terms”) so you’ll know the rules that apply when you use the Pool app or any of our other products or services that link to these terms (we refer to these simply as the “Services”). Although we’ve tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a legally binding contract between you and Pool SAS (“Pool”). So please read them carefully 😙

In order to use the Services, you must have accepted these Terms, which are presented to you (i) when you first open the app and (ii) when we make any material changes to the Terms. Of course, if you don’t accept them, then don’t use the Services.

🤔 1. Who Can Use the Services

No one under 13 is allowed to create an account or use the Services. Additionally, you must be old enough to consent to the processing of your information in your country.

By using the Services, you state that you can form a binding contract with Pool and will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

The Services should not be used for business or commercial purposes. If you wish to use the Services for businesses or commercial purposes please contact hello@poolmessenger.com.

👛 2. Your account

In order to use the Services you are required to create an account. Creating an account is easy: just follow the steps in the app! Here is some important information about your account:

💡 Name and Username

We ask you to pick a name when you create an account. This is the name that will displayed when you use the app. If you want your friends to easily recognize you we recommend you use your first or last name. You will also be able to pick a username after creating your account.

📧 Email address and verification

You will need an active email address to create an account. To make sure other people don’t start creating accounts with your email, we ask you to verify your email when creating an account. We do this by sending a verification code to the email address you specify when registering an account. To complete the registration you will need to enter the verification code in the Pool app.

📮 Notifications

You can turn on notifications to get updates when friends accept your requests, when friends receive messages.

💂‍ Account Security

Once you have created your account, you remain responsible for any activity that takes place on your Pool account. If you suspect fraudulent use or hijacking of your account please inform us immediately at hello@poolmessenger.com. We will do our best to help you out as soon as possible. 👮🏿‍👮🏻

😙 3. Rights we grant you

Pool grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. HOWEVER, we do love to partner with great companies, awesome engineers, and really creative designers, so don’t hesitate to reach out through hello@poolmessenger.com!

🕵️ 4. Privacy

Your privacy matters to us. You can learn how your information is handled when you use our Services by reading the Privacy Policy. We encourage you to give the Privacy Policy a careful look.

👭 5. Respecting other people’s rights

Pool respects the rights of others, and so should you. You, therefore, may not use the Services, or enable anyone else to use the Services in a manner that:

  • violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
  • bullies, harasses, or intimidates;
  • defames;
  • spams or solicits our users.

You must also respect the rights of Pool. These Terms do not grant you any right to do any of the following (or enable anyone else do so):

  • use branding, logos, designs, photographs, videos, or any other materials used in our Services;
  • copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as authorised in these Terms;
  • use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

👷🏿 6. Safety

We try hard to keep our Services a safe place for all users, but we can’t guarantee it. That’s where you come in. By using the Services, you agree that:

  • You will not use the Services for any purpose that is illegal or prohibited in these Terms.
  • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
  • You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
  • You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  • You will not use or attempt to use another user’s account without their permission.You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
  • You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
  • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
  • You will not probe, scan, or test the vulnerability of our Services or any system or network.You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So please don’t use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving.

🐴 7. Third-party services

If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. Pool is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

✍️ 8. Modifying the Services and termination

We’re relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand—but this won’t always be possible.

Though we hope you remain a lifelong member of the Pool community, you can terminate these Terms at any time and for any reason by deleting your account. You can delete your account by contacting hello@poolmessenger.com. 😢

Pool may also terminate these Terms with you if you fail to comply with these Terms, the law, or for any reason outside of our control. And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity (12 months).

Regardless of who terminates these Terms, both you and Pool continue to be bound by Sections 2, 6, 9 – 17 of the Terms.

🌵 9. Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless Pool and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

🙆🏻‍ 10. Disclaimers

We try to keep the Services up and running and free of annoyances, but we cannot promise that we will always succeed.

The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while Pool attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.

Pool and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Pool, nor their affiliates will be responsible for.

Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.

☂️ 11. Limitation of liability

Pool and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorized access, use or alteration of your content. In no event will Pool or their affiliates’ aggregate liability for all claims relating to the Services exceed the greater of €100 EUR.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.

👩‍❤️‍👩 12. Dispute resolution

If you have a concern, let’s talk. We totally encourage you contact us first at hello@poolmessenger.com and we’ll do our best to resolve the issue.

🏩 13. Exclusive venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Pool agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of France, unless this is prohibited by the laws of the country where you reside. You and Pool consent to the exclusive jurisdiction of those courts.

🗺 14. Choice of law

The laws of France govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of France to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.

💇🏻 15. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

🎩 16. Final terms

  • These Terms make up the entire agreement between you and Pool and supersede any prior agreements.
  • These Terms do not create or confer any third-party beneficiary rights.
  • If we do not enforce a provision in these Terms, it will not be considered a waiver.
  • We reserve all rights not expressly granted to you.
  • You may not transfer any of your rights or obligations under these Terms without our consent.

💌 Contact Us

You can always contact us at hello@poolmessenger.com if you have questions or want to submit feedback about our Services. We always love to hear from our users.

Pool 😘