User Terms and Conditions

 

Welcome to Spike. The following User Terms and Conditions (the “Terms“) explain how you can use the Spike mobile apps, websites (including spikenow.com), services and software (collectively “Spike“), provided to you by Chatflow Ltd. (“we” or “us“).

Please read and get acquainted with these Terms before you get started. They apply to any users who access Spike (“users“), including you. By using Spike you agree to be bound by all of these Terms and to other terms regarding the collection and use of your information, which are set in our Privacy Policy.

If you are using Spike on behalf of a group or organization, you agree to these Terms on behalf of that group or organization and represent that you have the authority to do so (and in that case, “you” refers to that group or organization).

 

1. What is Spike

Spike is an application that helps you manage your email from different email providers, using your cellular phone, mobile device or personal computer. Currently, Spike can interact with a wide range of email providers (and we’re working on expanding the selection), but not all of them.

When you add your email accounts, you authorize Spike to securely access your messages and contacts. Spike may securely store your email address and password in order to provide you with the service or use authentication methods to avoid storing your password, for email providers that support it.

We store your messages, securely and temporarily, on our servers, in order to let us give you fast access to the messages most important to you (such as new emails) and provide you with access to the full Spike functionalities. It is important to understand that messages may be deleted from our servers after a few days. Spike will not be liable for any emails deleted due to the passage of time.

 

2. User Obligations

By signing up to use Spike, you agree to provide accurate information at all times and assume responsibility for all activity taking place in your Spike account, and for safeguarding any passwords that you use.

You can only use Spike if you can form a legally binding contract with us under the laws that apply to you, according to wherever you are. You can use Spike only in compliance with these Terms and all laws and regulations applicable to you.

We trust you to use Spike and our services responsibly – and there are several specific and obvious things that you agree not to do:

  • Violate any applicable law in any way, or violate the privacy of others, or defame or disparage others.
  • Interfere with Spike or the operation of the services, or disrupt any user, host, or network.
  • Try to access another user’s account without explicit permission, or access your account using a method other than the interface and instructions provided by Spike.
  • Copy, distribute, or disclose any part of Spike by any medium, reverse engineer or attempt to extract the source code of Spike software, or sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any property of Spike.
  • Send a virus, overload, spam, or mail-bomb any part of Spike, or plant malware or use Spike to distribute malware.
  • Breach or circumvent any security or authentication measures, or probe, scan, or test any system or network for vulnerabilities.
  • Publish anything that is fraudulent, misleading, or infringes another’s rights; or send deceptive or false source-identifying information, including “spoofing” and “phishing”; or impersonate or misrepresent your affiliation with any person or entity.
  • Send unsolicited communications, promotions or advertisements, or spam.

We may permanently or temporarily revoke or suspend your access to Spike without notice and liability for any reason, including a violation of these Terms. These terms will continue to apply and bind you upon termination, for any reason or no reason.

 

3. Security and Privacy

We place the greatest importance on protecting your privacy and maintaining the security and integrity of your personal information. Please carefully review our Privacy Policy, which explains exactly the measures we use when collecting and storing your information.

However, like any application or service provider, we can’t guarantee that our security measures will never be defeated or breached by unauthorized third parties seeking to use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

4. Software and License

Use of Spike requires you to download a client software package. To use Spike you must have a compatible mobile device, and we can’t guarantee that Spike will work on your device.

Subject to your compliance with these Terms, we hereby give you a limited, non-exclusive, non-transferable, non-sub-licensable, freely revocable license to use Spike, for your personal and non-commercial use only. Your license is automatically revoked if you violate these Terms. From time to time, we may issue upgraded versions of Spike. You agree that these Terms will apply to all such upgrades.

Any third-party code that may be incorporated in the application is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code.

 

5. Spike’s Content and Property

We retain our right, title, and interest in Spike and all its components, including, without limitation, patents, trademarks, service marks, copyrights, know-how, software, text, design, graphics, logos and all intellectual property rights related to all of these (the “Spike Rights”).

We reserve all rights not expressly granted in these Terms in Spike and the Spike Rights. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or any other brand features. Use of Spike Rights for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to give us feedback about Spike, including ideas and improvements. We welcome and look forward to such submissions. By using Spike, you agree that Spike is free to use any such feedback (or a similar concept developed internally by Spike or obtained from another source) or share it with others, at any time, and you will not be entitled to any compensation or recognition for Spike’s usage of your feedback.

 

6. Your Content and Property

By using Spike, you allow Spike to help manage your conversations by email, video chat or VOIP (voice over internet protocol) (including content, information, images and other attachments in those conversations) which you upload, submit, or transmit through Spike (“User Data”).

 

We don’t gain any ownership in the User Data – you retain ownership of any intellectual property rights that you hold in the User Data. These Terms do not give us any rights to the contents of your conversations or email or intellectual property, except for the limited rights we need to provide Spike to you, as explained in these Terms. You are and remain responsible and liable for anything you send, receive, copy, share, upload, download, attach or otherwise do while using Spike, and you represent that you have all necessary rights to use the User Data on or through Spike.

Spike allows you to connect to your email accounts so we can check, process and deliver email on your behalf. By using Spike, you give us permission to take actions if you ask Spike to perform them on your User Data, for example, (i) hosting or sharing your data as you direct it to through Spike, (ii) sending emails, (iii) drawing doodles, (iv) viewing documents and images, and (v) creating backups of your emails to ensure they are safe and accessible to you. By using Spike, you give us the permissions needed to provide you with these services, including extending that permission to trusted third parties that help us to run Spike. Please read the Privacy Policy to understand exactly what information we may share with third parties, and how.

 

7. Copyright Infringement

You are responsible and liable for the User Data and anything you send, receive, copy, share, upload, download, attach or otherwise do while using Spike. If we receive notices of alleged copyright infringement, we will respond according to the process set in the U.S. Digital Millennium Copyright Act. We reserve the right to suspend your account, delete or disable content alleged to be infringing, and terminate the account of a repeated infringer.

 

8. Representations and Warranties

While we make our best efforts to provide you with satisfactory services, we can’t promise that there will never be problems. Spike is provided to you on an “AS-IS” and “AS AVAILABLE” basis, to be used at your own risk and responsibility. To the maximum extent permitted by applicable law, Spike is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, neither we nor our licensors warrant that the content is accurate, reliable or correct; that any defects or errors will be corrected; that Spike or the software will be available at any particular time or location, uninterrupted or secure; or that Spike or the software is free of viruses, malware or other harmful components. Any content downloaded or otherwise obtained through the use of Spike is downloaded at your own risk and you will be responsible for any damage to your mobile device, cell phone or other system, or for any loss of data resulting from such download or use of Spike.

 

9. Limitation of Liability

To the maximum extent permitted by law, in no event will we or our affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not we have been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amounts paid by you to us in order to use Spike (if any) for the past three months. Some jurisdictions do not allow the types of limitations in this paragraph, so they may not apply to you.

 

10. Indemnity

You agree to defend, indemnify and hold harmless us and our affiliates, officers, employees, agents, suppliers or licensors, 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 Spike, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any of your User Data or anything that is submitted through your account; or (vi) any other party’s access and use of Spike with your username, password or other security code.

 

11. Changes and Modifications

We are constantly changing and improving Spike and the services. We may add or remove features, and while we will attempt to give advance notice of any major changes, we may stop, suspend, change, or remove content from Spike at any time at our discretion and without prior notice.

We may, in our sole discretion, modify or update these Terms from time to time, so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of Spike after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these or any future Terms, do not use or continue to access Spike.

 

12. Notifications

We may provide to you notifications, whether required by law or for marketing or other business related purposes, via email notice, written or hard copy notice, or through the posting of such notice on our website, as determined in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. We shall not be responsible for any automatic filter which you or your network provider may apply to email notifications we send to the email address you provide us.

 

13. Governing Law and Arbitration

These Terms shall be governed by the laws of England, UK without giving effect to their conflict of law principles. You consent to the exclusive jurisdiction and venue of competent courts in London, UK for any dispute arising from or relating to these Terms or the Hop services.

 

14. Miscellaneous

These Terms constitute the entire and exclusive agreement between you and us with respect to Spike, and supersede and replace any other agreements, terms and conditions applicable to Spike.

These Terms create no third party beneficiary rights.

Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

You may not assign any of your rights in these Terms, and any such attempt is void, but the Terms may be assigned by us without restriction. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.

We and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Please contact us at chat@spikenow.com for any questions regarding these Terms.

 

Last Modified: October, 2018.