Selfies, snaps, videos, location, voice notes and more
multi-task with split screen, drag and drop functionality and in app browsing
High-quality video, voice, group chat and news feed
content sharing and disappearing messages
voice, group chat and
content sharing and disappearing messages
activates a multi-screen view, so you can browse content, photos, other messages and more while keeping up with chats
This End User License Agreement (the “Agreement”) is between you (“User”) and Acision LLC (“Acision”). Acision provides fuseMe by Acision (i.e., “fuseMe”) a smartphone to smartphone messenger software application and related services (collectively the “Application”). The Application is provided to User solely for use in compliance with the terms and conditions of this Agreement. BY USING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO THESE TERMS AND CONDITIONS.
User expressly acknowledges and agrees:
1. SCOPE – User is granted a limited, non-exclusive, non-transferrable revocable license to use the Application, but only for personal, non-commercial use on supported mobile devices that User owns or controls.
User shall not:
(A) sell, rent, lease, lend, redistribute, or charge for use of the Application in any manner.
(B) copy, reproduce, modify, reverse engineer, attempt to derive the source code of, disassemble, decompile, or create derivative works of the Application;
(C) use the Application in any unauthorized manner whatsoever, attempt to gain unauthorized access to the Application, or interfere or disrupt the performance of the Application including but not limited to, by trespass or burdening network capacity;
(D) use the Application to send or store any viruses, Trojan horses, worms, or other harmful software code, scripts or programs;
(E) use the Application to publish or submit any material that: is obscene, libelous, defamatory, disparaging, harassing, threatening, hateful, ethnically offensive, unlawful, or otherwise encourages conduct that would constitutes a criminal offense, gives rise to civil liability, violates the rights of any other party, violates any law or that is otherwise inappropriate;
(F) use the Application to publish or submit any misrepresentation or falsehood that could damage Acision or any third party;
(G) use the Application to advertise or solicit business; or
(H) launch any automated system, including without limitation, load testers, offline readers, robots, or spiders that send more requested messages through the Application in a given period of time than a human can reasonably produce.
User is responsible for compliance with any applicable laws, rules, and regulations (including any local laws if the Application is accessed outside of the United States) when using the Application. Acision is not in any manner responsible for any use by User that does not comply with any applicable laws, rules, and regulations or does not comply with this Agreement.
The Application contains proprietary content, design, and materials that are protected by intellectual property and other laws, including, but not limited to copyright. User will not use this proprietary content, design, or materials in any manner except as specifically permitted by this Agreement. Acision reserves all rights not expressly granted to User.
2. THIRD PARTY INFORMATION – Content, data, applications, services, information, texts, photos, videos, or communications of third parties, links to third party websites, or third party applications may be available through the Application (“Third Party Information”). Acision is not responsible, in any manner, for Third Party Information, including but not limited to the accuracy, validity, copyright compliance, legality, decency, quality or any other aspect of the Third Party Information. Third Party Information does not represent the views or opinions of Acision. When User accesses Third Party Information, any applicable third party terms and conditions apply, including the third party’s privacy policies.
User may encounter Third Party Information or other content that User may deem offensive, objectionable or indecent, however User’s use of the Application is at User’s sole risk and Acision will not have any liability for any claims, damages, or other liability arising from or related to Third Party Information or third party websites, or for any other materials, products, or services of third parties.
3. USER CONTENT – The Application allows User to submit texts, photos, videos and other communications (collectively, the “User Content”). This User Content may be hosted, shared or published as part of the Application, and may be visible to any other users of the Application who have User’s mobile phone number in their mobile device – regardless of such other user’s location. And, regardless of whether such User Content is published or not, Acision does not guarantee the confidentiality of any User Content.
User is solely liable for User’s own User Content, including, but not limited to any and all liability arising from or related to publishing it. User represents and warrants that User has all necessary right, title, interest, license, or permission to use and to authorize Acision to use any copyright, trademark, trade secrets, patents, or other proprietary rights in and to User Content; and User has all necessary written permission to use every identifiable person’s name or likeness in User Content.
User retains ownership of User Content, but grants Acision a non-exclusive, worldwide, irrevocable, royalty-free, transferable and sub-licensable right and license to use, distribute, display, reproduce, perform, and prepare derivative works of User Content in connection with the Application and Acision’s business. This license includes, without limitation, Acision promoting or redistributing the Application (as well as any aspect or portion thereof, or any derivate work thereof) or promoting Acision’s business (as well as any aspect or portion thereof) in any media channel through any media format. User also grants other users of the Application a non-exclusive license to view, access, and use User Content through the Application.
The Application may contain User Content provided by other users of the Application. Acision is not responsible and does not control User Content. User Content does not represent the views or opinions of Acision, and Acision is not responsible, in any manner, for any User Content, including but not limited to the accuracy, validity, copyright compliance, legality, decency, quality or any other aspect of the User Content. Acision will not have any liability for any claims, damages, or other liability arising from or related to User Content. Acision has no obligation to review or monitor and does not approve, endorse or make any representations with respect to User Content. User’s use of all User Content and User’s interaction with other users is at your own risk.
4. USER INFORMATION/UNAUTHORIZED USE – In order to use the Application, User will provide Acision with User’s accurate and complete mobile phone number. Acision may periodically access User’s address book on User’s mobile device to find and update mobile phone numbers of other users of the Application. User hereby gives Acision express consent to access User’s address book for these mobile phone numbers in order for User to use the Application. Acision does not collect names, addresses or email addresses. User is solely responsible for User Content that User submits or that are displayed for User’s mobile phone number on the Application.
User will immediately notify Acision of any unauthorized use or suspected unauthorized use of User’s mobile device. Acision is not responsible, in any manner, for any unauthorized use of User’s mobile device and Acision will not have any liability for any claims, damages, or other liability arising from or related to any such unauthorized use. User may be liable to Acision for losses due to such unauthorized use.
5. TERMINATION/DISCONTINUATION – This Agreement is effective until terminated. User’s rights under this Agreement will automatically terminate, without notice, if User does not comply with any term of this Agreement. In addition, Acision may immediately terminate this Agreement, without notice, if Acision reasonably suspects that User is not in compliance with any term of this Agreement.
Acision reserves the right to discontinue the Application, or any aspect of the Application, at any time.
Upon any termination or expiration of the Agreement, User shall immediately cease all use of the Application, and destroy any copy of the Application.
6. REMOVAL – Acision will remove all content and User Submission if properly notified that such content or User Submission infringes another’s intellectual property rights. Acision also reserves the right, without prior notice, to remove any content or User Submission which violate this Agreement or which Acision reasonably suspects violate this Agreement.
7. LICENSE UPDATES – Acision may revise or update this Agreement from time to time. User’s use of the Application after the date of publication of a revised or updated Agreement constitutes acceptance of the revised or updated Agreement.
8. INDEMNITY – To the fullest extent permitted by law, User will indemnify, defend, and hold Acision, its officers, directors, employees, agents, affiliates, and licensors harmless from and against any and all claims, losses, damages, costs, liabilities, or expenses (including, but not limited to, attorney’s fees) in any manner arising from or related to: (i) User’s use of the Application; (ii) User’s violation of any third party right, including without limitation copyright or other intellectual property right, or privacy right; (iii) any User Submission; or (iv) User’s violation of any term or condition of this Agreement.
9. NO WARRANTY – ANY USE OF THE APPLICATION IS AT USER’S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, ANY RELATED SERVICES AND ANY THIRD PARTY INFORMATION OR USER SUBMISSION (COLLECTIVELY THE “CONTENT”) IS PROVIDED ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ACISION DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APPLICATION, RELATED SERVICES AND ANY CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
ACISION DOES NOT WARRANT THAT THE OPERATION OR PERFORMANCE OF THE APPLICATION OR RELATED SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION OR RELATED SERVICES WILL MEET USER REQUIREMENTS; OR THAT DEFECTS IN THE APPLICATION OR RELATED SERVICES WILL BE CORRECTED. ACISION MAKES NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION AND RELATED SERVICES AND ASSUMES NO LIABILITY FOR ANY: PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USER’S ACCESS TO OR USE OF THE APPLICATION OR RELATED SERVICES; UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION; INACCURACIES OR ERRORS IN ANY CONTENT; ANY VIRUSES, TROJAN HORSES, OR BUGS THAT MAY BE TRANSFERRED THROUGH THE APPLICATION OR RELATED SERVICES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACISION CREATES ANY WARRANTY.
ACISION DOES NOT WARANT OR ASSUME ANY LIABILITY WHATSOEVER FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY: A THIRD PARTY THROUGH THE APPLICATION OR RELATED SERVICES; OR BY ANY WEBSITE LINKED OR FEATURED IN ANY CONTENT OR OTHER ADVERTISING. ACISION IS NOT A PARTY TO AND IS NOT RESPONSBILE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS AND SERVICES.
10. LIMITATION OF LIABILITY – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ACISION BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR ANY OTHER COMMERCIAL OR NON-COMMERCIAL DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, IN ANY WAY ARISING OUT OF OR RELATED TO: USER’S USE OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES; ANY CONTENT; ANY ERROR; ANY UNAUTHORIZED USE OF THE APPLICATION OR RELATED SERVICES; VIRUSES, TROJAN HORSES; OR BUGS; OR UNAUTHORIZED ACCESS TO ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), HOWSOEVER CAUSED AND EVEN IF ACISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACISION IS NOT LIABLE FOR ANY CONTENT, USER’S ILLEGAL CONDUCT OR THE ILLEGAL CONDUCT OF ANY THIRD PARTY AND USER ACCEPTS THE ENTIRE RISK OF HARM.
11. CONSENT – The Application is not intended for children under 13 years of age. User represents and warrants that User is the age of consent in User’s location to form a binding agreement and that User is at least 13 years of age. If User cannot provide this warranty, the User is not permitted to use the Application.
User also represents and warrants: that User is 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 that User is not listed on any U.S. Government list of prohibited or restricted parties.
12. GOVERNING LAW – The laws of the State of Texas, excluding its conflicts of law provisions, govern this Agreement and User’s use of the Application. This Agreement constitutes the entire agreement between Acision and User concerning the Application. If any provision of this Agreement is deemed invalid or unenforceable, the invalid provision shall not affect the validity of the remaining provisions. Acision’s failure to enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. Any cause of action arising out of or related to the Application must commence within 1 year after the cause of action accrues.
Acision may collect information relating to users of this application using user submissions,Flurry, enquiries and any subsequent telephone calls, emails or written or electronic submissions. The information collected may include, but is not limited, names, email details, telephone number, requirements, usage, answers to queries and similar.
Acision may use the information obtained through submissions and use of this application for various things including but not limited to, improving the application, improving security, notify matters, set up passwords and user access, fault resolution and inform you of new products and services, We do not sell our customer lists or details.
By using this application you consent to the aforementioned usage and transfer of your information or data. Acision has policies to try to ensure all information is maintained as confidential other than for the limited purposes stated.
To opt-out of information collection through the use of Flurry, use this linkand all collection will be stopped.
APPLE iTunes App Store Additional Terms and Conditions:
The following additional terms and conditions are applicable if User is using the Application from the Apple iTunes App Store:
1. Acision and User acknowledge that the Agreement is concluded solely between Acision and the User. Apple is not a party to this Agreement and is not responsible for the Application and the content thereof.
2. User’s use of the Application shall also be in accordance with the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Only to the extent such warranty is not effectively disclaimed, in the event of a failure of the Application to conform to an applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Application to the User; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
5. Acision and the User acknowledge that Apple is not responsible for addressing any claims of the User or any third party relating to the Application or the User’s possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Acision and the User acknowledge that, in the event of any third party claim that the Application or the User’s possession and use of the Application infringes that third party’s intellectual property rights, Acision and not Apple, will be solely responsible.
7. Name and the contact information , +44 (0) 845 003 7151, fuseMeSupport@acision.com to which any User questions, complaints or claims with respect to the Application should be directed.
8. Acision and the User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement; and upon the User’s acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the User as a third party beneficiary thereof.
Last revised: May 2014
Copyright: Acision LLC, all rights reserved×