GETO.
(“GETO,” “our,” “we,” or “us”) provides social and business networking, messaging,
Internet calling, marketing, advertising and other services to users around the world. Please read our
Terms of Service so you understand what’s up with your use of GETO. You agree to our Terms of Service (“Terms”) by
installing, accessing, or using our apps, services, features, software, or
website (together, “Services”).
NO ACCESS TO EMERGENCY SERVICES: There are important differences
between GETO and your mobile and fixed-line telephone
and SMS services. Our Services do not provide access to emergency services or
emergency services providers, including the police, fire departments, or
hospitals, or otherwise connect to public safety answering points. You should
ensure you can contact your relevant emergency services providers through a
mobile, fixed-line telephone, or other service.
IF YOU ARE A GETO USER LOCATED IN THE Mauritius OR ELSEWHERE, OUR
TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU
OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, GETO 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, CLASS ARBITRATIONS, OR
REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR USERS”
SECTION BELOW TO LEARN MORE.
About our services
Registration. You must register for our Services using
accurate data, provide your current mobile phone number, and, if you change it,
update this mobile phone number using our in-app change number feature. You
agree to receive text messages and phone calls (from us or our third-party
providers) with codes to register for our Services.
Address Book. You
provide us the phone numbers of GETO users and your
other contacts in your mobile phone address book on a regular basis. You
confirm you are authorized to provide us such numbers to allow us to provide
our Services.
Age. You must be at least 13 years old to use our Services (or
such greater age required in your country for you to be authorized to use our
Services without parental approval). In addition to being of the minimum
required age to use our Services under applicable law, if you are not old
enough to have authority to agree to our Terms in your country, your parent or
guardian must agree to our Terms on your behalf.
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, including automatically.
Fees and Taxes. You are responsible for all carrier data
plan and other fees and taxes associated with your use of our Services. We may
charge you for our Services, including applicable taxes. We may refuse or
cancel orders. We do not provide refunds for our Services, except as required
by law or Court order.
Privacy policy and user data
GETO cares about your privacy. GETO’s Privacy Policy describes our information (including message) practices,
including the types of information we receive and collect from you and how we
use and share this information. You agree to our data practices, including the
collection, use, processing, and sharing of your information as described in
our Privacy Policy, as well as the transfer and processing of your information
to the Mauritius and other countries globally where we have or use facilities,
service providers, or partners, regardless of where you use our Services. You
acknowledge that the laws, regulations, and standards of the country in which
your information is stored or processed may be different from those of your own
country.
Acceptable use of our services
Our Terms and Policies. You must use our Services 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 must access and use our Services
only for legal, authorized, and acceptable purposes. You will not use (or
assist others in using) our Services in ways that: (a) violate, misappropriate,
or infringe the rights of GETO, our users, or others,
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 such as bulk messaging,
auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use
of our Services unless otherwise authorized by us.
Harm to GETO 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 GETO account safe and secure, and you
must notify us promptly of any unauthorized use or security breach of your
account or our Services.
Third-party services
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 GETO contacts. Please note that when you use third-party
services, their own terms and privacy policies will govern your use of those
services.
Licenses
Your Rights. GETO does not claim ownership of the information that you
submit for your GETO account or through our Services.
You must have the necessary rights to such information that you submit for your
GETO account or through our Services and the right to
grant the rights and licenses in our Terms.
GETO’s Rights. We own all copyrights, trademarks,
domains, logos, trade dress, trade secrets, patents, and other intellectual
property rights associated with our Services. You may not use our copyrights,
trademarks, domains, logos, trade dress, patents, and other intellectual
property rights unless you have our express permission and except in accordance
with our Brand Guidelines. You may use the trademarks & of our
affiliated companies only with their permission, including as authorized in any
published brand guidelines.
Your License to GETO. In order to operate and provide our
Services, you grant GETO a worldwide, non-exclusive,
royalty-free, sublicensable, and transferable license
to use, reproduce, distribute, create derivative works of, display, and perform
the information (including the content) that you upload, submit, store, send,
or receive on or through our Services. The rights you grant in this license are
for the limited purpose of operating and providing our Services (such as to
allow us to display your profile picture and status message, transmit your
messages, store your undelivered messages on our servers for up to 30 days as
we try to deliver them, and otherwise as described in our Privacy Policy).
GETO’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. We may terminate your GETO
account if you repeatedly infringe the intellectual property rights of others.
Disclaimers
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 “GETO 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. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER Mauritius LAW, OR ANY
OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS
THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.
Limitation of liability
THE GETO 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 GETO 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 SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE
AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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 GETO PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW.
Indemnification
You agree to defend,
indemnify, and hold harmless the GETO 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.
Dispute resolution
Forum and Venue. If you are a GETO
user located in the Mauritius or not in Mauritius, the “Special Arbitration Provision
for Mauritius applies to you. you agree that you will resolve any Claim you have
with us relating to, arising out of, or in any way in connection with our
Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”)
exclusively in the Mauritius and you agree to submit to the personal jurisdiction
of such courts for the purpose of litigating all such Disputes.
Governing Law. The laws of Mauritius govern our Terms, as
well as any Disputes, whether in court or arbitration, which might arise between
GETO and you, without regard to conflict of law
provisions.