Terms & Conditions

NEEO’s internet communication software applications, NEEO Messenger, other “NEEO” branded software applications (together the “NEEO”), and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) are licensed (not sold) to you by PowerfulPal LTD unless you are using a version of the Software. Your agreement with NEEO is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document, and NEEO'S PRIVACY POLICY, which can be found here, and which is incorporated herein by reference.

1

Acceptance of the terms
  • 1.1In order to download and/or use the NEEO you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the NEEO. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or NEEO in accordance with paragraph 10.
  • 1.2You cannot accept these Terms if: (a) you are not lawfully entitled to use the NEEO in the country in which you are located or reside or (b) if you are not of legal age to form a binding agreement with NEEO.

2

Change to the terms
  • 2.1PowerfulPal LTD may make changes to these Terms from time to time without prior notice. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with NEEO in accordance with paragraph 10 below.

3

License
  • 3.1Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a mobile phone/smartphone; and personally use the Software through your individual NEEO account (as applicable) (“User Account”).
  • 3.2Restrictions. You may not and you agree not to:
    • (a)sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
    • (b)undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
    • (c)remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
    • (d)other than for the purposes of download and installation, use the Software except through your User Account.

4

Software updates
  • 4.1Updates to the Software: NEEO may automatically check your version of the Software. We may also automatically download configuration changes and updates to the Software from time to time. You agree to accept such updates subject to these Terms unless other terms accompany the updates. NEEO is not obligated to make any updates available and does not guarantee that we will continue to support the version of the operating system or device for which you licensed the Software or that updated Software will be compatible for use with end users running older versions of the Software.

5

Neeo service
  • 5.1These Terms of Service apply to all users of the NEEO Service. Information provided by our users through the NEEO Service may contain links to third party websites that are not owned or controlled by NEEO. NEEO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NEEO will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that NEEO shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
  • 5.2 Children's PrivacyNEEO websites and software clients are not intended for or designed to attract anyone under the age of 13 and we do not intentionally or knowingly collect Personal Information on our sites from anyone under the age of 13 (or older in some jurisdictions). We encourage parents to be involved in the online activities of their children to ensure that no information is collected from a child without parental permission.

6

Neeo access
  • 6.1Subject to your compliance with these Terms of Service, NEEO 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 NEEO'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.
  • 6.2In order to access and use the features of the Service, you acknowledge and agree that you will have to provide NEEO with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, NEEO 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 NEEO 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 are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the NEEO Service. You must notify NEEO immediately of any breach of security or unauthorized use of your mobile phone. Although NEEO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NEEO or others due to such unauthorized use.
  • 6.3You 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 NEEO’s servers in a given period of time than a human can reasonably produce in the same period by using a NEEO’s application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, NEEO 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. NEEO 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 of the boundaries of the normal requests made by NEEO 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.

7

Content of communication
  • 7.1The NEEO allows you to make phone calls, perform text chat, submit status text, upload photo through photo albums, conduct private photo sharing (collectively, the "Submissions"). Photo Sharing between two friends will be private just like the text chat and will not be shared with other friends. Only the sender and receiver can view it. These Submissions may be hosted, shared, and may be visible to other users of the Software who have your mobile phone number in their mobile phone and which you have not expressly blocked. The pictures you add to your albums will be Public to your friends or anyone who has your number in his/her contact list. So they can view and save pictures from your photo album.
  • 7.2By using the Software, you agree that the content of communications that you submit may be transmitted to the recipient of your communication and that messages and content shared through messaging features may be stored on NEEO’s servers (a) to convey and synchronize your messages and content and (b) to enable you and your recipients to view the messages and related content. Messages are generally stored by NEEO until you have deleted a message or cleared your message history, unless otherwise permitted or required by law.

    NEEO reserves the right to review content submitted on or through the Software, for the purpose of enforcing these Terms. NEEO may, in its sole discretion, block or otherwise prevent delivery of any instant message, video, media, or other communication to or from the Software as part of our efforts to protect the Software or our customers, or to otherwise enforce these Terms. The following rules apply to your conduct and content when using the Software:
    • (a)Do not use the Software to do anything illegal. You are responsible for your actions and the consequences of your actions.
    • (b)Do not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NEEO all of the license rights granted herein;
    • (c)Do not publish falsehoods or misrepresentations that could damage NEEO or any third party;
    • (d)Do not submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
    • (e)Post advertisements or solicitations of business;
    • (f)Do not impersonate another person;
    • (g)Do not send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, or spam. Spam is unsolicited bulk email, calls, instant messages, other communications and bulk contact requests;
    • (h)Do not upload, download or share inappropriate images (e.g. nudity, bestiality, pornography);
    • (i)Do not upload or share images or engage in any activity that exploits or harms children;
    • (j)Do not engage in activity that is false or misleading (e.g. attempting to ask for money under false pretenses or impersonating someone else);
    • (k)Do not spread hatred speeches based on race or ethnic background, religion, disability, gender, age or sexual orientation;
    • (l)Do not engage in activity that is harmful to our Software or their users (e.g. viruses, stalking, engaging in hate speech, advocating violence against others);
    • (m)Do not engage in activity that violates the privacy of others;
    • (n)Do not circumvent, disable or otherwise interfere with the security related features of the Software or features that prevent or restrict the use of any content.
    • (o)Do not share Credit Cards, Bank details, or details of any electronics forms of payments or identification information either personal/business and confidential.
    We may ask you to remove your content if it violates these Terms or the law. Failure to comply may result in loss of access to, or cancellation of, your User Account. Additionally, NEEO may remove your content without asking you if we determine it is in violation these Terms or the law or if we receive a notice of intellectual property infringement from a third party.
  • 7.3If NEEO receives any notification that any material that you post, upload, edit, host, share and/or publish through the Software) is inappropriate, infringes any rights of any third party, or if NEEO wishes to remove your Submission for any reason whatsoever, NEEO reserves the right to automatically remove such Submission immediately or within such other timeframes as may be decided from time to time by NEEO in its sole discretion. The Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that NEEO is under no obligation to put back such Submission at any time. If Submissions infringe, or if you believe that Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. NEEO reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
  • 7.4NEEO Civil Subpoena Policy: NEEO is committed to protecting privacy of its users. If a third party seeks the identity or account information of a certain user in connection with a civil legal matter, such third party must serve PowerfulPal LTD with a valid subpoena. Pursuant to NY CPLR 3120 and 2303, the following steps must be observed while submitting the subpoena:
    • (a)Obtain a subpoena from a New York court (preferably the Supreme Court in Kings County) which describes the information the party is requesting in particularity and which is accompanied by a notice setting forth the reasons why such disclosure is sought; and mail the subpoena to:

      PowerfulPal LTD
      1629 Sheepshead Bay Rd, 3rd Fl.
      Brooklyn, NY 11550
    • (b)As soon as the subpoena is obtained from the court, the party seeking the disclosure shall make every reasonable effort to notify the user whose information is being sought. This notice must explain that the identified party has initiated a court proceeding, and it should provide a case number and name/address of the court so that the user can appear and defend the case if necessary.
    • (c)PowerfulPal LTD will provide a waiting period of 20 days to give a user an opportunity to move to quash the subpoena in court or to enter a protective order. If no motion to quash is made by the user within the waiting period (or if such motion is unsuccessful), PowerfulPal LTD will release the requested information (if such information is available).
    • (d)PowerfulPal LTD will charge the person or entity submitting the civil subpoena for reasonable costs associated with subpoena compliance. PowerfulPal LTD will invoice the subpoenaing party prior to production, and payment must be made prior to the production of the subpoenaed information.

8

Quality
  • 8.1NEEO cannot guarantee that the Software will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software and may result in the failure of your communications including but not limited to: your mobile internet service provider, the public internet and your power supply. NEEO 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.

9

Intellectual property rights
  • 9.1The design of the NEEO Software along with NEEO created text, scripts, graphics, interactive features and the trademarks, Software marks and logos contained therein ("Marks"), are owned by or licensed to NEEO, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Software is provided to you AS IS for your information and personal use only.

10

Ending your relationship with neeo
  • 10.1You may terminate your relationship with NEEO at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software.
  • 10.2NEEO may terminate its relationship with you, or may terminate or suspend your use of the Software at any time and without recourse to the courts:
    • (a)if you are in breach of these Terms;
    • (b)if NEEO reasonably suspects that you are using the Software to break the law or infringe third party rights;
    • (c)if NEEO reasonably suspects that you are using Software fraudulently or that your User Account is being used by a third party fraudulently;
    • (d)immediately, if (in NEEO’s reasonable discretion) required due to a change in or adverse interpretation of laws/regulation or where required by a regulator or authority with a lawful mandate, or by any of NEEO’s partners.
  • 10.3NEEO shall effect such termination by preventing your access to your User Account, the Software. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
  • 10.4Consequences of Termination: Upon termination of your relationship with NEEO:
    • (a)all licenses and rights to use the Software shall immediately terminate;
    • (b)you will immediately cease any and all use of the Software; and
    • (c)you will immediately remove the Software from the mobile devices and destroy all copies of the Software in your possession or under your control.

11

Exclusion of warranties, limitation of liability and indemnity
  • 11.1For the purposes of this paragraph 11, "NEEO" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
  • 11.2   No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; NEEO DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR NEEO WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. NEEO FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR NEEO WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES NEEO WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.
  • 11.3Nothing in these Terms shall exclude or restrict NEEO's liability which cannot be limited or excluded by applicable law.
  • 11.4   No Liability: YOU ACKNOWLEDGE AND AGREE THAT NEEO WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO NEEO, IN CONNECTION WITH OR ARISING FROM YOUR USE OF NEEO WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR NEEO WEBSITES IS TO IMMEDIATELY UNINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE.
  • 11.5   Limitation of LiabilityIN NO EVENT SHALL NEEO, 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 NEEO 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 NEEO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR 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 Software is controlled and offered by NEEO from its facilities in the United States of America. NEEO makes no representations that NEEO is appropriate or available for use in other locations. Those who access or use the NEEO from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

12

Jurisdiction
  • 12.1The laws of the State of New York, govern this Agreement and your use of the Software. You expressly agree that the courts in the State of New York, New York County have exclusive jurisdiction over any claim or dispute with NEEO or relating in any way to your use of the Agreement. Your use of the Software may also be subject to other local, state, national, or international laws.
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