Legal Notice

Registered Address

Schmoose S.A.
16, rue d'Epernay
L-1490 Luxembourg
Luxembourg
p:  (+352) 400.173-20
f:  (+352) 400.173-33
e: hello[at]schmoose.ms

Legal Information

Public limited liability company registered in the G. D. of Luxembourg

  • R.C.S. Luxembourg B 178744
  • VAT ID no.: LU 26384852

Disclaimer

Online Content

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.

References and links

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..

Limitation of Liability

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.

Legal validity of this disclaimer

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.


Privacy Policy

Intro

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.

Please note that this website may include, however, links to other websites, which are not covered by this privacy policy.

By providing any Personal Data to us on our Schmoose web site or in the Schmoose application, you fully understand and consent to the collection, use, and transfer of Personal Data on the terms and conditions outlined in this Privacy Policy. IF YOU DON’T AGREE TO THIS PRIVACY POLICY, PLEASE CHOOSE NOT TO PROVIDE PERSONAL DATA TO US. In addition, we reserve the right to change or modify the Privacy Policy at any time as posted, following, for example, changes in local legislation.

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.

Collection and processing of 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.

  1. All Data will be obtained fairly. We will make you aware of all purposes that we intend to use your Data for at the time of collection or will advise you prior to use.
  2. Data will be accurate and complete and, where necessary, kept up to date.
  3. Data will be adequate, relevant and not excessive in relation to the purposes for which it was obtained.
  4. All acquisition methods (e.g. customer application forms, competition entries) will have a clear information section explaining any intended purposes.

Use and disclosure of personal data and specification of purpose

We will ensure your privacy and we will not disclose or sell your personal data to third parties. This privacy policy refers to all your personal data regardless of whether they are collected automatically or with your prior consent. We only use your data for internal, statistical purposes, to respond to an inquiry or to provide a requested service.

  1. Data will be kept only for clear and legal purposes.
  2. Data will not be used, disclosed or processed in any manner incompatible with the purposes for which it was obtained.
  3. Disclosure of Data may only be effected as required by law (e.g. criminal investigations), no disclosure of Data will be made to third parties for those third parties' own purposes or use.
  4. If you provide Schmoose S.A. with Personal Data, you will have the right, on reasonable prior written notice, to request inspection, change, amendment, or deletion of such Personal Data. However, we reserve the right, subject to applicable law, to charge a reasonable fee for inspection of your Personal Data held by us. You may contact us under dataprotection[at]schmoose.ms.
  5. If transfer of data to other jurisdictions for processing takes place, Schmoose S.A. will ensure that adequate contractual and technical safeguards are in place to protect your Data. All such processing will take place in full compliance with all applicable laws of Luxemburg and European regulations (cf. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001R0045:EN:pdf).

Notwithstanding the previous paragraph, Schmoose S.A. might have to disclose your personal data in cases where it is required by the applicable laws.

Retention

The data will be kept for no longer than is necessary for the primary purpose for which it was obtained.

Use of Cookies

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.

Data Security

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.

Right to information, public statement of data processing and other rights

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.

Further information

If you have further questions regarding data protection and privacy of your personal data at Schmoose S.A. please contact:

Markus Wagner
Data Protection Official
Schmoose S.A.
16, rue d'Epernay
L-1490 Luxembourg
Luxembourg

or send an email to: dataprotection[at]schmoose.ms


schmoose Terms & Conditions

In sum: By using schmoose you agree to all the terms below.

Thank you for using schmoose! These terms of service ("Terms") cover your use and access to the messaging services, client software and websites ("Services") provided by Schmoose S.A. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you are agreeing to be bound by these Terms, and to review our Privacy and Acceptable Use policies. If you are using our Services for an organization, you agree to these Terms on behalf of that organization.

Your Data & Your Permissions

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.

Sharing Your Data

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.

Your Responsibilities

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.

Software

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.

Our Rights

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.

Copyright

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.

Paid Versions

Billing

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.

No Refunds

You may cancel your schmoose Paid Version at any time but you will not be issued a refund.

Downgrades

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.

Termination

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.

Services "AS IS"

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.

Limitation of Liability

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.

Resolving Disputes

In sum: We are a Luxembourg Company

Avoid Formal Legal Action.

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 arbitrate@schmoose.ms. 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.

We Both Agree To Arbitrate

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.

Opt-out of Agreement to Arbitrate.

You can decline this agreement to arbitrate by sending an e-Mail to arbitrate@schmoose.ms within 30 days of first accepting these Terms.

Arbitration Procedures

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.

No Class Actions

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.

Judicial forum for disputes

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.

Controlling Law

These Terms will be governed by Luxembourg law.

Entire Agreement

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.

Waiver, Severability & Assignment

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.

Modifications

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.

Applicable Language

Our Terms of Service, Privacy Policy and Acceptable Use Policy are written in English. The English version is selected to be the original and binding version.

Schmoose Acceptable Use Policy

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:

  1. You have the authority and capacity to enter and bind yourself to this Agreement;
  2. Your use of the Services will be solely for purposes that are permitted by this Agreement;
  3. Your use of the Services or the site will comply with all applicable local, state, national or international laws (“Laws”) and will not violate any contractual obligations,
  4. You will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity and further that
  5. You will not misuse the Services.

You acknowledge and understand that “misuse” includes, but is not limited to the following examples:

  • attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network,
  • unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network,
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • send or store material or files containing software viruses, worms, or other harmful computer code, files, scripts or programs;
  • use automated or other means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs;
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  • deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature;
  • send fraudulent, unlawful contents or promote defamatory or illegal information and activities, images, materials or descriptions;
  • harm minors in any way;
  • promote or advertise products or services other than your own without appropriate authorization;
  • publish falsehoods or misrepresentations that could damage schmoose or any third party;
  • sell the Services or Services accounts via unauthorized channels;
  • violate any copyright, trademark, patent or any intellectual property right, disclose a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement.
  • violate any law for the time being in force.
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