16, rue d'Epernay
p: (+352) 400.173-20
f: (+352) 400.173-33
Public limited liability company registered in the G. D. of Luxembourg
All information contained herein is for informational purposes only. Schmoose S.A. makes no claim that the information herein is comprehensive, complete or accurate. Accordingly, no person should rely on any information contained herein.
Schmoose S.A. is not responsible or liable for any consequence resulting from acting upon the contents of this site.
The information and materials contained in this site, including text, graphics, links or other items, are provided 'as is', 'as available', and at the user's sole risk.
Neither Schmoose S.A, officers, directors, or employees, agents, third-party content providers, vendors, licensers, or the like, warrant that this site will be uninterrupted or error-free; nor do they make any representations or warranties as to the accuracy, adequacy, reliability or completeness of any information and materials provided through and contained in this site, and expressly disclaim liability for errors or omissions in this information and materials.
No warranty of any kind, implied, express or statutory, including but not limited to the warranties on non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
This statement applies to all links and references created within Schmoose S.A. 's own website, as well as to third-party entries in mailing lists set up by Schmoose S.A..
In no event will Schmoose S.A. or the officers, directors, employees or other representatives of any of them, be liable for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, mistake, deletion of files or email, delay in operation or transmission, computer virus or line or system failure, even if Schmoose S.A. , its subsidiaries, affiliates, officers, directors, employees or other representatives thereof, are advised of the possibility of such damages, losses or expenses.
This disclaimer forms part of the website containing the link to this page. In the event that individual parts of or formulations contained in this text are not, or are no longer, legally valid (either in whole or in part), the content and validity of the remaining parts of the document are not affected.
Schmoose S.A. appreciates the importance of personal data. As with all our business processes, the protection of your privacy when processing personal data is an important concern to which we pay special attention. Personal data are collected, processed and used in accordance with those national data protection regulations of the country in which the responsible company is located.
Schmoose S.A. Luxemburg (hereinafter referred to as "Schmoose" "us" "we" or "our") is committed to respecting your privacy and to complying with all applicable data protection and privacy laws.
This policy applies to all personal data ("Data") in our possession, even that which is encrypted. On our servers, only email addresses and phone numbers are stored. These data are encrypted and not linked by us to any natural person.
The objective of this policy is to inform you how we handle your personal data.
In most cases, when visiting our website, our web server logs the address of your internet service provider (IP or URL), the name of the website, from which you are connecting to us, the date and time of your visit.
Notwithstanding the previous paragraph, Schmoose S.A. might have to disclose your personal data in cases where it is required by the applicable laws.
The data will be kept for no longer than is necessary for the primary purpose for which it was obtained.
Cookies are small files containing configuration information.
Cookies are also used to track the preferences of our users and to optimise the website accordingly. Cookies help us to identify popular pages and areas of our website and thus tailor the site to users’ needs and so improve our internet offering.
Most browsers accept cookies automatically. You can prevent cookies being saved on your hard disc by selecting the “accept no cookies” option. How to do this varies from one browser type to another; please follow the instructions of your browser manufacturer. You can also delete the cookies stored in your system file at any time.
Schmoose S.A. use appropriate technical and organizational security measures in order to protect the data we have under our control against accidental or intentional manipulation, loss, destruction as well as access by unauthorized persons. Our security procedures are continually enhanced as new technology becomes available.
Upon written request, Schmoose S.A. will inform you by letter if and what personal data we store as defined by the applicable law. If such data is incorrect despite our effort to keep data correct and up to date, we will correct that information at your request. In our public statement of data processing we summarize the information according to legal requirements.
If you have further questions regarding data protection and privacy of your personal data at Schmoose S.A. please contact:
Data Protection Official
16, rue d'Epernay
or send an email to: dataprotection[at]schmoose.ms
In sum: By using schmoose you agree to all the terms below.
In sum: Your Data belongs to you.
When you use our Services, you provide us with your messages and accompanying files (photos, videos etc.) ("Your Data"). Your Data belongs to you. These Terms do not give us any rights to Your Data except for the limited rights that enable us to offer the Services.
To provide the schmoose service we need a unique identification of “You”. Either your telephone number or your e-mail address will suffice. Even your identification data leaving your devices will be hashed to be unreadable by humans. You may allow us to change some of Your Data to be human readable.
We need your permission to store this hashed identification and Your Data (encrypted) on our servers until these data are transferred to their destination. You give us permission to do those things, and this permission extends to trusted third parties we work with.
In sum: Think carefully about what you send.
Our Services let you send Your Data to others, so please think carefully about what you send.
In sum: Be reasonable and responsible; don't do anything stupid or illegal. Do not violate other peoples' rights.
You are responsible for your conduct and Your Data, and you must comply with our Acceptable Use Policy. Data in the Services may be protected by others' intellectual property rights. Please do not message or share Data unless you have the right to do so.
We cannot review your conduct and Your Data for compliance with these Terms and our Acceptable Use Policy. Moreover, we have no obligation to do so. We are not responsible for the data people message and share via the Services.
Please safeguard your password(s) to the Services, make sure that others do not have access to it, and keep your account information current.
In sum: You must be at least 13 years old.
Our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you are over 13.
In sum: You may use the client software as is but do not change or transfer it to others.
Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
In sum: Please respect our trademarks and brands.
The Services are protected by copyright, trademark, and other Luxembourg and foreign laws. These Terms do not grant you any right, title or interest in the Services, others' content in the Services, schmoose trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
In sum: Do not violate other people's rights.
We respect the intellectual property of others and ask that you do too. Although we are not able to read or understand any content, we reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
You can add paid features to your account (upgrading your version into a “Paid Version” BASIC or PROFESSIONAL). We will automatically bill you from the date you upgrade to a Paid Version and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we will charge tax when required to do so.
You may cancel your schmoose Paid Version at any time but you will not be issued a refund.
In sum: We may stop providing services at any time. You can stop using your schmoose account or close it at any time as well. In any case we will not refund.Your Paid Version will remain in effect until it is cancelled or terminated under these Terms. If you do not pay for your Paid Version on time, we reserve the right to suspend it or reduce it to a Free Version.
In sum: Unfortunately we cannot promise heaven on earth.
You are free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you are not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you have not accessed our Services for 6 consecutive months. We will provide you with notice before we do so, only if your account holds a human readable mail address. If we decide to terminate the Services as such, we will not refund the remaining days of Paid Accounts.
In sum: We are not liable if something goes really wrong.
We strive to provide great Services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, SCHMOOSE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimers in this paragraph, so they may not apply to you.
In sum: We both agree to arbitrate.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCHMOOSE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SCHMOOSE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF € 4 OR THE AMOUNTS PAID BY YOU TO SCHMOOSE FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
In sum: We are a Luxembourg Company
We want to address your concerns without needing formal legal action. Before filing a claim against Schmoose S.A., you agree to try to resolve the dispute informally by contacting email@example.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 20 days of submission, you or Schmoose S.A. may bring a formal proceeding.
You and Schmoose S.A. agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
You can decline this agreement to arbitrate by sending an e-Mail to firstname.lastname@example.org within 30 days of first accepting these Terms.
The Arbitration Centre of the Chamber of Commerce of the Grand-Duchy of Luxembourg will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Luxembourg.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Schmoose S.A. agree that any judicial proceeding (other than small claims actions) will be brought in the courts of Luxembourg. Both you and Schmoose S.A. consent to venue and personal jurisdiction there.
These Terms will be governed by Luxembourg law.
In sum: Even if parts of this Terms of Service are wrong, the rest shall remain in force.
These Terms constitute the entire agreement between You and Schmoose S.A. with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
In sum: If we are making a big change to these Terms of Service, we will let you know.
If Schmoose S.A. fails to enforce a provision, this is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Schmoose S.A. may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
In sum: Only the English version of these Terms of Service is binding if a translation is ambiguous.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (for example, in the startup-screen of a new version of the client software, or by posting on our web page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
In sum: Be reasonable and responsible; don't do anything stupid or illegal. Do not violate other peoples' rights.
Schmoose is used by many people, and we are proud of the trust placed in us. In exchange, we trust you to use schmoose services ("Services") responsibly.
By using schmoose, you represent and warrant that:
You acknowledge and understand that “misuse” includes, but is not limited to the following examples: