1. Your acceptance
This is an agreement between Triber SAS, a French corporation (“Triber »), the owner and operator of www.triberapp.co (the “Triber Site”), the Triber software, including Triber Messenger and Triber Peering system (collectively, including all content provided by Triber through Triber Messenger, Triber Peering system and the Triber Site, the « Triber Service », or the « Service »), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND TRIBER’S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.triberapp.co/terms-of-service, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
2. Triber Service
These Terms of Service apply to all users of the Triber Service. Information provided by our users through the Triber Service may contain links to third party websites that are not owned or controlled by Triber. Triber has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Triber will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Triber shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Triber access
A. Subject to your compliance with these Terms of Service, Triber hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Triber’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Triber with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Triber may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Triber to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You must notify Triber immediately of any breach of security or unauthorized use of your mobile phone. Although Triber will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Triber or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, « robots, » « spiders, » « offline readers, » etc. or « load testers » such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Triber servers in a given period of time than a human can reasonably produce in the same period by using a Triber application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Triber grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Triber reserves the right to revoke these exceptions either generally or in specific cases. While we don’t disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Triber clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Mobile Services
The Service requires the use of mobile devices and wireless services. Your mobile service provider will charge you for those services that it provides, which are related to the Service. You should check with your carrier to learn about such charges. By using the Service, you agree that Triber may communicate with you regarding the Service by SMS, text message, email or other electronic means to your mobile device or email address, including without limitation providing promotional offers and information from third parties.
5. Intellectual Property Right
The design of the Triber Service along with Triber created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (« Marks »), are owned by or licensed to Triber SAS, subject to copyright and other intellectual property rights under French and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Triber reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE TRIBER SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIBER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. TRIBER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TRIBER SERVICE. TRIBER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRIBER SERVICE OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND TRIBER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
IN NO EVENT SHALL TRIBER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WHATSAPP CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TRIBER SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Triber from its facilities in the France. Triber makes no representations that the Triber Service is appropriate or available for use in other locations. Those who access or use the Triber Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Triber, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Triber Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Triber Service. We don’t support or encourage illegal consumption of alcohol or tobacco, so there.
9. Ability to Accept Terms of Service
THE SERVICE IS NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. If you are 13 or older but under the age of 18, then you agree to review these terms and conditions with your parent or guardian prior to use of the Sites or Service. If you are a parent or guardian entering this agreement for the benefit of a child aged 13 or older, then you agree to and accept full responsibility for that child’s use of the Service, including all financial charges and legal liability that he or she may incur.
Otherwise, you affirm that you are 18 years of age or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Your registration for, and/or use of, the Service constitutes your representation and warranty that: (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the Terms.
10. Termination of Service
We may terminate your right to access secured portions of the Sites or Service at any time, without notice, for any or no reason including, but not limited to, conduct that we believe violates these Terms and/or is harmful to other users of the Sites or Service, to Greenhouse, to the business of the Web Site’s Internet service provider, or to other information providers.
11. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Triber without restriction.
12. General
You agree that: (i) the Triber Service shall be deemed solely based in France; (ii) the Triber Service shall be deemed a passive server that does not give rise to personal jurisdiction over Triber, either specific or general, in jurisdictions other than France; and (iii) that you agree to subject to the jurisdiction of France in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of France, without respect to its conflict of laws principles. Any claim or dispute between you and Triber that arises in whole or in part from the Triber Service shall be decided exclusively by a court of competent jurisdiction located in Paris, France. These Terms of Service, together with the Privacy Policy at http://www.whatsapp.com/terms-of-service and any other legal notices published by Triber, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Triber concerning the Triber Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Triber’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Triber reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Triber Service. Your continued use of the Triber Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TRIBER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TRIBER SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Privacy Policy
Triber SAS (« Triber ») recognizes that its customers, visitors and users, want to know what’s up with privacy. Triber provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Triber Site, Triber Software and/or the Triber Service. If you do not agree to our practices, please do not use the Triber Site, Triber Software, or Triber Service.
This Privacy Policy is incorporated into and is subject to the Triber Terms of Service. Your use of the Triber Site, Triber Software and the Triber Service and any personal information you provide on the Triber Site or Triber Service remains subject to the terms of this Privacy Policy and our Terms of Service.
1. What Does This Privacy Policy Cover
This Privacy Policy is part of Triber’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by Triber, including information obtained when you access the Triber’s Site, use the Triber Service or any other software provided by Triber.
This Privacy Policy does not apply to the practices of companies that Triber does not own or control, or to individuals whom Triber does not employ or manage, including any of the third parties to which Triber may disclose user information as set forth in this Privacy Policy.
2. The Information Triber Collects
Triber may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to Triber when choosing to participate in various uses of the Triber Service, such as registering as a user, updating your location or requesting location for your contacts. In order to provide the Triber Service, Triber will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other Triber users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.
Cookies Information: When you visit the Triber Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Triber uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Triber Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the Triber Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (« IP ») address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Triber Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
3. The Information Triber Collects
We use mobile analytics software to allow us to better understand the functionality of our Mobile Application(s) on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and from where the application was downloaded. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application(s).
4. The Information Triber Does Not Collect
Triber does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers—the Triber mobile application will associate whatever name the Triber user has assigned to the mobile telephone number in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself and not on Triber’s servers and is not transmitted to Triber. This means that if you have your friend’s mobile phone number associated with the name “Tony Stark” in your mobile address book, that’s the name that will appear for that mobile phone number in your Triber contact list. We do not collect location data, but users may voluntarily share, track, indicate, show their location with other users via the Triber Service.
The contents of messages that have been delivered by the Triber Service are not copied, kept or archived by Triber in the normal course of business. Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a Triber user), if that recipient is online. If the recipient is not online, the undelivered message is held in Triber’s server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by Triber — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Notwithstanding the above, Triber may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Triber is legally compelled to collect. Files that are sent through the Triber Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
5. The Way Triber Uses Information
If you submit Personally Identifiable Information to us through the Triber Site, or Triber Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Triber Site and Triber Service. In particular, your mobile phone number is essential to your use of the Triber Service and will be retained. Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with Triber. Any Personally Identifiable Information that you voluntarily disclose on the Triber Service becomes publicly available and may be collected and used by other users of the Triber Service (unless such user is blocked by you). Your name (as it is saved in other user’s mobile phone address book or contact list) may be displayed to other users through the Triber Service and other users may contact you through the Triber ²Service. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major Triber Site or Triber Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Triber Site and Triber Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we improve the Triber Site and Service and don’t make it suck worse. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Triber Service or Triber Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.
6. When Triber Discloses Information
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Triber Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Triber Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Triber also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Triber believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Triber Site or our servers, and to protect the rights, property, or personal safety of Triber, our users or others.
7. Your choice
You may, of course, decline to submit Personally Identifiable Information through the Triber Site or the Triber Service, in which case Triber may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the Triber mobile application and discontinue use of the Triber Service; your continued usage of the Triber Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the Triber Service. Please contact Triber via email to support at whatsapp.com or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.
8. Our commitment To Data Security
Triber uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Triber and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Triber Service is never recommended. Once we receive your transmission of information, Triber makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Triber learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Triber may post a notice on the Triber Site or through the Triber Service if a security breach occurs.
9. Our commitment To Children’s Privacy
Protecting the privacy of young children is especially important. For that reason, Triber does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Triber Site or Triber Service from persons under 13 years of age, and no part of the Triber Service is directed to or intended to be used by persons under 13. If you are under 13 years of age, then please do not use the Triber Service or access the Triber Site at any time or in any manner. If Triber learns that Personally Identifiable Information of persons under 13 years of age has been collected on the Triber Site or Triber Service, then Triber may deactivate the account and/or make the status submissions inaccessible. And always, think of the children!
10. Special Note To International Users
The Triber Site and Service are hosted in France and are intended for and directed to users in France. If you are a user accessing the Triber Site and Service from the United States, Asia, any other country in the European Union, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from France laws, please be advised that through your continued use of the Triber Site and Service, which are governed by France law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to France and you expressly consent to that transfer and consent to be governed by France law for these purposes.
11. In the Event of Merger, Sale, or Bankruptcy
In the event that Triber is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
12. Changes and updates to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the « effective date » below. Please revisit this page to stay aware of any changes. Your continued use of the Triber Site and Triber Service constitutes your agreement to this Privacy Policy and any amendments.
Date Last Modified:
This Privacy Notice was last modified June 14th, 2015