The terms of use (hereinafter referred to as the “Terms of Service”), as described below, define the basic rights and obligations that you and us have between us when you use our Services. 1.3. The user cannot use the Service unless they agree to the Terms of Service. The user is deemed to have agreed to the Terms of Service once they click the ‘Agree’ button that is displayed on the screen, when installing the Service. 2.1. TS Messenger Terms of Service and TS Messenger Privacy Policy will also apply whenever the user uses TS Messenger. 4.1. The Company collects the user’s phone number and email address in order to identify the terminal used to access the Service.
4.2. The personal information of the user will be treated in accordance with General Data protection regulation of the European Union and will not be used anyhow for any marketing, promotional or other purposes, as well as it will not be transferred to any third parties. 5.1. The Company allows the nonexclusive use of the software in relation to the Service (hereinafter referred to as the “Software” and includes the new software to be provided with future upgrades) provided by the Company for the user who downloads the Software for the use of the Service under the condition that the user abides by the Terms of Service. The copyright to the Software and any associated rights will belong to the Company.
5.2. The Company cannot guarantee that the Software is free of any actual defects (including, but not limited to, stability, reliability, accuracy, completeness, validity, suitability for a specific purpose, errors, etc.).
5.3. The user must not conduct the following actions when using the Software:

1. Violate a law, judgment, judicial ruling, court order, or binding regulation.
2. Violate the rights of the Company or of any third party (including copyrights, trademark, patent or similar intellectual property rights, right of reputation, right to privacy, or any other right arising at law or by contract).
3. Interfere with or obstruct the Company’s operation of the Service or other users’ use of the Service.
4. Send SPAM or Scam users;
5. Promote violence;

5.3. The Company may modify the whole or part of the Service, as well as terminate the Service, when the Company deems necessary, without providing prior notification to users (including, but not limited to, updates to the Software). The Company may modify the Terms of Service when the Company deems necessary, without providing prior notification to users. The modification become effective once the modified Terms of Service are posted on an appropriate location within the Service operated by the Company. Users must refer to the Terms of Service on a regular basis for the latest version when using the Service, since a separate notification is not provided. 7.1. Any registered User to the Service may delete their account and withdraw from using the Service at any time.
7.2. The Company may suspend or delete a user's account without giving prior notice to the user if the Company believes that the user is violating or has violated the Terms of Service. 8.1. Users shall supply the necessary device, communication device, operating system, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense.
8.3. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at anytime without any prior notice to the users. 10.1. The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service. 13.1. Users shall use this Service at their own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
13.2. The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a user is using the Service in a way which violates the Terms of Service. However, the Company shall not be responsible for correcting or preventing such violation towards users or others.
13.3. In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to the User violating applicable laws or the Terms of Service while using the Service, the User shall immediately compensate the Company upon its request. 14.1. The Company does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws (including, but not limited to, stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects. 15.1. When the Company notifies or contacts users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting within the Service operated by the Company.
15.2. When users notify or contact the Company in regard to the Service, users shall use the customer support form available in the Service operated by the company or other means designated by the Company. These Terms of Service shall be governed by and construed in accordance with the laws of the European Union, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state courts located in the European Union, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF RM CHAT OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 17.1. The following additional terms and conditions apply to users, who use TS Messenger from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than or otherwise conflict with, the terms and conditions of this article, the more restrictive or conflicting terms and conditions in this Article apply, but solely with respect to TS Messenger Software from the Apple App Store.
17.2. Acknowledgement. TS Messenger and the user acknowledge that this Agreement is concluded between the Company and the user only, and not with Apple, and that the Company, not Apple, is solely responsible for TS Messenger Software and the content thereof.
17.3. Scope of License. The license granted for TS Messenger is limited to a non-transferable license to use TS Messenger on an iOS product that users own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
17.4. Maintenance and Support. TS Messenger is solely responsible for providing any maintenance and support in regard to the TS Messenger Software, as specified in this Agreement. TS Messenger and the user acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services with respect to TS Messenger.
17.5. Warranty. TS Messenger is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the TS Messenger Software to conform to any applicable warranty, Users may notify Apple, and Apple will refund the purchase price for TS Messenger Software; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to TS Messenger Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TS Messenger's sole responsibility.
17.6. Product Claims. TS Messenger and the users acknowledge that TS Messenger, not Apple, is responsible for addressing any users’ claims or any third party relating to TS Messenger Software or users possession and/or use of TS Messenger Software, including: (i) product liability claims; (ii) any claim that TS Messenger Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit TS Messenger 's liability to the users beyond what is permitted by applicable law.
17.7. Intellectual Property Rights. TS Messenger and its users acknowledge that, in the event of any third-party claim that TS Messenger Software or users possession and use of TS Messenger Software infringes that third party's intellectual property rights, TS Messenger, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
17.8. Legal Compliance. Users represent and warrant that while using TS Messenger (i) they are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
17.9. Developer Name and Address. TS Messenger's contact information for any end-user questions, complaints or claims with respect to TS Messenger Software is:
17.10. Third-Party Terms of Agreement. Users must comply with applicable third-party terms of agreement when using TS Messenger Software.
17.11. Third-Party Beneficiary. TS Messenger and users acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon users acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against users as a third-party beneficiary thereof.
17.12. Users acknowledge and agree that the availability of the TS Messenger Services is dependent on the third party from which users received the TS Messenger Services, e.g., the Android Market or Apple app store (each, an "App Store"). Users acknowledge that this Agreement is between the user and TS Messenger and not with the App Store. Each App Store may have its own terms and conditions to which users must agree before downloading the TS Messenger Services from it. Users agree to comply with, and users license to use the TS Messenger Services is conditioned upon users compliance with, all applicable terms and conditions of the applicable App Store. By using or accessing the TS Messenger Software, you acknowledge that you have read these Terms of Service and Privacy policy and agree to all their terms and conditions.