Terms of Service
Effective Date: 19 November 2019
LyneChat (“LyneChat,” “our,” “we,” or “us”) is operated by Clik Technologies Inc. and provides messaging services to users around the world. Please read our Terms of Service so you understand what is involved with your use of LyneChat. The Terms of Service (“Terms”) are the rules you agree to by installing, accessing, or using our apps, services, features, software, or website (together, “Services”) including viewing and inputting content on the Services. If you do not agree with these Terms, please do not use our Services.
OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, LYNECHAT AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE ACTIONS. PLEASE READ THE “DISPUTE RESOLUTION” SECTION BELOW TO LEARN MORE.
About our services
Account. You must register for an account to use our Services using accurate data. You must provide your name, current email and/or mobile phone number, and, if you change it, update this email or mobile phone number using our in-app change feature. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account, you agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your username and password, and any device that you use to access our Services. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other compromise of your credentials or account that you become aware of involving or relating to our Services.
Account Termination. We may suspend or terminate your account and your ability to use our Services or any portion thereof for failure to comply with these Terms or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever in our sole discretion.
Age. You must be of the age of majority in your jurisdiction of residence to register and use our Services. Persons under the age of majority may not register as users. No part of our Services is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS OUR SERVICES AT ANY TIME OR IN ANY MANNER.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services. We will notify you when such updates are available for download.
Data Plan. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services.
Interactions. All contracts, offers, transactions, disputes discussed on our Services are between you and the recipient of your messages. LyneChat is not a party to any contract. We are not responsible for any disputes or disagreements between you and any third party you interact with using our Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release us of all claims, demands, and damages in disputes among users of the Services. You also agree not to involve us in such disputes. Use caution and common sense when using the Services.
Acceptable use of our Services
Our Terms. You must use our Services according to our Terms. We reserve the right to disable your account if, in our sole discretion, your use is in violation of our Terms.
Rules of Conduct. You must access and use our Services only for legal, authorized, and acceptable purposes. You must use our Services in compliance with all privacy, data protection, intellectual property, and other applicable laws of your jurisdiction. By using our Services, you agree that you will not use (or assist others in using) our Services in ways that:
- (a) violate, misappropriate, or infringe the rights of LyneChat, our users, or any other third party, including privacy, publicity, intellectual property, or other proprietary rights;
- (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;
- (c) involve publishing falsehoods, misrepresentations, or misleading statements;
- (d) impersonate someone;
- (e) involve sending illegal or impermissible communications, including but not limited to, bulk messaging, auto-messaging, auto-dialing, and the like; or
- (f) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, abuse, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
- (g) attempts to or results in data mining, robots, or the use of other data gathering devices on or through the Services, unless specifically allowed by these Terms;
- (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Services; or
- (i) does not generally pertain to the theme of our Services or is disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.
Messaging. As a part of our Services, we give users the opportunity to instant message other users for the purposes of furthering, initiating or completing an offer or transaction or any other matter.
We cannot guarantee the security of any information you disclose through any of our Services; you make disclosures on our messaging Services at your own risk.
You are and shall remain solely responsible for all the content you distribute on or through our Services under your username or otherwise by you in any of our Services and for the consequences of submitting and posting the same. We have no duty to monitor any messaging feature on our Services.
We are not responsible for, and we do not endorse, or represent or guarantee the truthfulness, accuracy, or reliability of the opinions, advice, information, content, or recommendations posted or sent by users on any of our Services. You accept that any reliance on material posted by users or third-party service providers will be at your own risk.
We owe you no obligation, and therefore may refuse to post, deliver, display, transmit, remove, modify or otherwise use or take any action with respect to any content you share or post on our Services.
No SPAM. You agree that your use of our Services shall not include sending unsolicited marketing messages or broadcasts (i.e., spam). We will utilize any means possible to block spammers and abusers from using our Services. If you believe spam originated from the Service, please email us immediately at: firstname.lastname@example.org
Harm to LyneChat or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure. You are responsible for keeping your device and your LyneChat account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services at: email@example.com
Third-party services or links
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your LyneChat contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. We do not endorse or make any representations about such websites or any information or materials found there, or any results that may be obtained from using them. If you access any third party websites linked from our Services, you do so at your own risk.
Your Rights. LyneChat does not claim ownership of the information that you submit for your LyneChat account or through our Services. You must have the necessary rights to such information that you submit for your LyneChat account or through our Services and the right to grant the rights and licenses in our Terms.
LyneChat’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights (collectively “Trademarks”) associated with our Services. Nothing on this Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on our Services, except as explicitly provided herein. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.
LyneChat’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Reporting third-party copyright, trademark, and other intellectual property infringement
To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit notify us at: firstname.lastname@example.org. We may terminate your LyneChat account if you repeatedly infringe the intellectual property rights of others.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES 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. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “LYNECHAT 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of liability
THE LYNECHAT 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 SERVICES, EVEN IF THE LYNECHAT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME 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 LYNECHAT PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the LyneChat Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim.
Governing Law. Our Services are created and controlled by us in the province of Ontario and the federal laws of Canada govern these Terms, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed, and that venue properly lies, only in the courts located in the Province of Ontario, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The laws of the Province of Ontario govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between LyneChat and you, without regard to conflict of law provisions.
(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of our Services or to any aspect of your relationship with us as a user of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or LyneChat may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms.
IF YOU AGREE TO ARBITRATION WITH LYNECHAT, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST LYNECHAT IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
(b) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Ontario Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Clik Technologies Inc., 325 Front St W, Suite 400, Toronto, Ontario M5V 2Y1, Canada. The arbitration will be conducted by JAMS in Toronto, Ontario under its rules and pursuant to the terms of this Arbitration Agreement.
(c) Arbitrator Powers. The arbitrator, and not any federal, provincial or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and LyneChat. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and LyneChat.
(d) Waiver of Class or Consolidated Actions. YOU AND LYNECHAT AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor LyneChat is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court located in the Province of Ontario.
(e) Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.
(f) Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor LyneChat can force the other to arbitrate as a result of this Arbitration Agreement. To opt out, you must notify LyneChat in writing no later than 30 days of the later date of: (a) the date you first accepted our Terms or (b) the date you became subject to this arbitration provision. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: email@example.com
If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you.
(g) Time Limit to Start Arbitration. We and you agree that for any dispute we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the dispute first arose, then the arbitration will be dismissed because it was started too late.
Availability and termination of our services
Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. We may modify, suspend, or terminate your access to or use of our Services 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 us, our users, or others. Moreover, we retain all rights to terminate any account at any time for any reason or no reason whatsoever. Survival. The following provisions will survive any termination of your relationship with LyneChat: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “General Provisions”.
- Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding LyneChat and our Services, and supersede any prior agreements.
- We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
- Our Services are 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 Services in any country.
- Any amendment to or waiver of our Terms requires our express consent.
- We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
- All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
- You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
- Nothing in our Terms will prevent us from complying with the law.
- Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
- If we fail to enforce any of our Terms, it will not be considered a waiver.
- If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.
- We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
- We always appreciate your feedback or other suggestions about LyneChat and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
- It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.