YOU HEREBY CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND THAT BY INSTALLING THE SMT Chat APP, ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS. YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS WHEN USING THE SMT Chat APP AND SERVICES AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND VIBER. PLEASE DO NOT ACCESS THE SERVICES OR INSTALL THE SMT Chat APP IF YOU DO NOT AGREE TO ALL OR ANY PART OF THE TERMS.
U.S ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. YOU AGREE THAT, EXCEPT FOR CERTAIN EXEMPTIONS, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SMT Chat WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT AS DETAILED IN THE ARBITRATION SECTION BELOW.
ACCESS TO EMERGENCY SERVICES: Our Services are not a replacement for your ordinary mobile or fixed line telephone, nor are they intended to support or carry emergency calls to any type of hospital, law enforcement agencies, medical care unit or any type of emergency services of any kind. In particular, with the exception of SMT Chat Out, our Services do not allow you to make such calls and SMT Chat is not liable in any manner for such calls or inability to place such calls. You must and it is your responsibility to ensure that you have access to alternative communication for placing such emergency calls if needed.
CHANGES TO THE TERMS: We are always working on adding additional features to our Services and improving our existing products. As such, and since there may be changes to applicable laws, we may update or change our Services, including their functionality from time to time, and revise and reissue these Terms occasionally to reflect our Services and practices correctly. We will only make changes if the provisions are no longer appropriate or incomplete. Unless otherwise required by law, we will provide you with 30 days prior written notice (e.g., through the App, the Website or by e-mail). We will also update the date at the top of our Terms and enable you to re-visit the older version of the Terms at any time. Changes to these Terms shall become effective upon the completion of the 30 days’ notice. Once updated Terms come into effect, you will be bound by them if you continue to use our Services. If you do not agree with any changes to the Services or the Terms, you may terminate your relationship with us in accordance with the Termination Section. It should be noted that changes to these Terms or the SMT Chat App, will take effect immediately without prior written notice where such changes are exclusively to your benefit, where they are of a purely administrative nature and have no negative effect on you, or where they are directly imposed by law.
EU, EEA and UK users: A contract summary in relation to our electronic communications service offer is available for download for our users in the EU, EEA and the UK (and in fact anyone else who would like to see the contract summary for comparison purposes) at the link here.
Legal Capacity and Eligibility
SMT Chat App and the Services cannot be used by everyone. If you are under 13 you are not allowed to create an Account or use the Services. Premium Services shall be used only if you are over 18.
You should use our Services only if you are fully able to understand and enter into and comply with these Terms. Our Services are not intended for children under 13; if you are under the age of 13, please wait until you turn 13 to use them. You hereby warrant that you are eligible to enter into these Terms and that you are not prohibited by any competent authority, judicial order or law from entering into any agreement; you have all proper authorizations, including if you are acting on behalf of a corporation, to enter into these Terms.
Any use of the SMT Chat App and Services is subject to the Acceptable Use Policy.
Account and Registration
To use the Service, you will need to create an account. You agree to provide us with accurate, complete, and updated information. You are responsible for any activity that occurs in your account.
You hereby represent and warrant that you will provide true and complete registration details. If we at SMT Chat believe the details are not correct, current, or complete, we have the right to prevent you from accessing our Services, or any of its resources and to terminate or suspend your Account. You must register with your current mobile phone number, and, if you change it, update your mobile phone number using the “settings” in the SMT Chat App. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
Notwithstanding the above, SMT Chat does not monitor and is not obligated to monitor the registration details or your password security, you hereby acknowledge you are solely responsible to protect your information and password and to ensure you username and password are secure. If you use a username and password that Viber considers insecure, SMT Chat may suggest it be changed, however, is not required to do so. You are responsible for all activities that occur under your Account. You agree to notify SMT Chat immediately of any unauthorized use of your Account or any breach of security with respect to your Account including your password. SMT Chat will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your Account. SMT Chat shall be entitled to monitor your Account and password and, at its discretion, require you to change your password. You are responsible to keep your device secured so that other will not be able to access your SMT Chat Account.
Restrictions of Use
You may only use our Services for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through our Services. Any transmission, distribution, or storing of unlawful material or using our Services and its contents for unlawful purposes may expose you to criminal or civil liability, termination or suspension of these Terms, your Account and use of the Services and removal of your Content.
That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following:
decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software, SMT Chat App or our Services into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software.
rent, lease, lend, sell, redistribute or sublicense the Material or the Services.
exploit any resource, or access any resource, contained on our Services including, without limitation, any attempt to collect users phone numbers for any purpose, including for analysis purposes and/or parsing.
use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of the Services or the content on the Services.
access or use the Services in any way not expressly permitted by these Terms or the Acceptable Use Policy.
use branding, logos, icons, user interface elements, designs, photographs, videos, or any other Materials, except as explicitly allowed by these Terms.
violate applicable laws, including third party privacy and intellectual property laws.
create multiple account, create false misleading accounts, create another account if we have already disabled your account, or buy, sell, rent, or lease access to your Account.
use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services.
attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
We may add or remove features, products, or functionalities, and we may also suspend or stop the Services, with or without notice. We aspire that you will always continue to share good vibes through the use of our Services, but you may choose to terminate your relationship with SMT Chat at any time.
If you are using our free Services, you may terminate your relationship with SMT Chat by simply ceasing to use the Services. Where permissible under applicable law, SMT Chat has the right to terminate your rights under our Services without notice, including, without limitation, by blocking you, suspending or terminating your Account, including, and without derogating from our general right, if you are in breach of our Terms or other policies (including our Acceptable Use Policy) or if we decide not to provide the Services or any part thereof in certain locations or to certain devices. SMT Chat reserves the right to modify or discontinue, temporarily or permanently, all or any part of its Services or any software, facilities, and services on its Services, with or without notice or to establish general guidelines and limitations on their use.
Safety and Support
SMT Chat cannot guarantee that the Services will always function without disruptions, delay or errors because we have no control of the third-party networks carrying our Services. We try hard to keep our Services a safe place for all users. But we can’t guarantee it.
A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications. SMT Chat takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. Up-to-date evidence on call set up time and unsuccessful calls (through your list of calls made and attempted) is available through your User Account.
From time to time, SMT Chat may need to perform maintenance on or upgrade the Service.
You are prohibited from using any services or facilities provided in connection with our Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Viber reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
If you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of your account, and notify third parties—including law enforcement—and provide those third parties with information relating to your Account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns. We also care about your physical safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.
In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.
SMT Chat DOES NOT EXCLUDE OR LIMIT ITS LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. THIS INCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE (I.E. IF WE FAIL TO TAKE REASONABLE CARE OR EXERCISE REASONABLE SKILL IN THE PERFORMANCE OF A CONTRACT) OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION (I.E. IF WE DELIBERATELY TELL YOU SOMETHING THAT IS UNTRUE, WHICH YOU THEN REASONABLY RELY ON); IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, THE SMT Chat WON’T BE LIABLE FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (ii) ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT A MEMBER OF THE SMT Chat HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE SMT Chat’S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OF OUR BREACH OF OUR OBLIGATIONS TO YOU UNDER THESE TERMS HOWEVER, SUBJECT TO THE FORGOING: (I) WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT HAPPEN; (II) WE ARE NOT RESPONSIBLE FOR ANY PRE-EXISTING FAULTS OR DAMAGE OR FOR ANY LOSS OR DAMAGE WHICH YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE OR INSTRUCTIONS (INCLUDING THESE TERMS AND ANY POLICIES REFERRED TO IN THESE TERMS); WE ARE NOT LIABLE FOR BUSINESS LOSSES. WE ONLY PROVIDE THE SERVICES FOR DOMESTIC AND PRIVATE USE. IF YOU USE THE SERVICES FOR ANY COMMERCIAL OR, BUSINESS PURPOSE, THE SMT Chat WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $100 USD OR 100% OF ANY AMOUNT YOU’VE PAID TO US FOR YOUR USE OF THE SERVICES. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.
You agree to indemnify and hold harmless The SMT Chat from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto SMT Chat’s servers and/or from any and all use of your Account.
To the extent permitted by law, and with the exception of Section 19 below, the laws of England and Wales govern these Terms and any claims and disputes arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of England and Wales to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
If you are residing in a country or territory within the European Region, you may resolve your claim within the competent court of Luxembourg that has the jurisdiction over claims that are brought by European Region residents.
SMT Chat is dedicated to facilitating the use of the Services by disabled end-users. Expandable font size is available on our app for people with visual disabilities. For additional disabled-friendly functions, please see the available solutions within your mobile or other IT device’s native operating system.