Terms of Use

OkayMessenger (the "App") utilizes end-to-end encryption to provide private messaging to users worldwide. You agree to our Terms of Service (“Terms”) by installing or using our app.

About our App

Minimum Age. You must be at least 18 years old to use our App. The minimum age to use our App without parental approval may be higher in your home country.

Account Registration. To create an account you must register for our App using your email.

Privacy of user data. The App does not sell, rent or monetize your personal data or content in any way – ever.

Software. In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our App.

Fees and Taxes. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our App.

Using the App

Our Terms and Policies. You must use our App according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You agree to use our App only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our App in ways that: (a) violate or infringe the rights of the App, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications such as bulk messaging or auto-messaging.

Harm to the App. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our App in unauthorized manners, or in ways that harm the App. For example you must not (a) gain or try to gain unauthorized access to our App; (b) disrupt the integrity or performance of our App; (c) create accounts for our App through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; or (e) sell, rent, or charge for our App.

Keeping Your Account Secure. The App embraces privacy by design and does not have the ability to access your messages. You are responsible for keeping your device and your account safe and secure.

Third-party services. Our App may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.

Your Rights and License with the App

Your Rights. You own the information you submit through our App. You must have the rights to the email you use to sign up for your account.

The App’s License to You. The App grants you a limited, revocable, non-exclusive, and non-transferable license to use our App in accordance with these Terms.

Disclaimers and Limitations

Disclaimers. YOU USE OUR APP AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR APP ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. THE APP DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR APP WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR APP WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR APP. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “THE APP PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

Limitation of liability. THE APP PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR APP, EVEN IF THE APP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR APP WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE APP PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Availability of our App. Our App may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our App, including certain features and the support for certain devices and platforms, at any time.

Resolving Disputes and Ending Terms

Resolving disputes. You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our App exclusively in Switzerland. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of Switzerland govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between the App and you, without regard to conflict of law provisions.

Ending these Terms. You may end these Terms with the App at any time by deleting our App from your device and discontinuing use of our App. We may modify, suspend, or terminate your access to or use of our App anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for the App. The following provisions will survive termination of your relationship with the App: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.

General

The App may update the Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our App confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and the App regarding our App. If you do not agree with our Terms, you should stop using our App.

If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our App is not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our App in any country. If you have specific questions about these Terms, please contact us at https://forms.gle/ntfEREPH1w998b9r5 .