At ZoeChat our focus is creating a positive and helpful experience for our users. We want ZoeChat to be convenient, safe, and fun for you and your communities. This means there are a few rules. You may NOT:
At its discretion, ZoeChat may permanently cancel accounts of users who violate the Terms of Service. ZoeChat reserves the right to view Private Groups ONLY for the purposes of fixing issues, to respond to complaints about Terms of Service violations, or when required to do so by law. ZoeChat reserves the ongoing right to view Pages, Selective Groups, Open Groups, and any groups in the ZoeChat Open Group Directory to assess compliance with this Terms of Service. ZoeChat reserves the right to remove objectionable content without notice. ZoeChat can remove any content or information you post at ZoeChat if we believe that it violates our Terms of Service.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated these Terms.
ZoeChat reserves the right to ban Pages, Groups and users that do not comply with its Terms of Service as assessed in ZoeChat’s sole discretion and interpretation of its Terms of Service; and Users, Pages and Groups under investigation or which have been detected as sharing content in violation of these terms may have their visibility limited in various parts of ZoeChat, including search. Pages, Groups, and users may not be notified when any of this occurs. Banned Pages, Groups, and users may contact ZoeChat Customer Support to request more information. We reserve the right to respond or not respond to such requests. Please comply with the rules in ZoeChat’s Terms of Service.
While we have the right to monitor activity and content associated with ZoeChat, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using ZoeChat, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at ZoeChat or endorse any opinions expressed at ZoeChat. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
There are no fees for use of many of the features on ZoeChat. However, PRO features and subscriptions are available for purchase by ZoeChat members for additional services the company may offer.
ZoeChat may change the fees and/or benefits associated with PRO features from time to time or may immediately suspend or terminate PRO features for any or no reason and without advance notice or liability.
When you purchase a PRO feature that is paid for by you through recurring payments, you agree that you are authorizing recurring payments, and that such payments and thereby subscription will be made by the method and at the recurring intervals you have agreed to, until the subscription is terminated by you or by ZoeChat. You may cancel a subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period.
If you break any of ZoeChat’s terms in the use of your ZoeChat account and/or in the use of its PRO features and subscriptions, in addition to other actions we may take, we may cancel any or all of your PRO features and subscriptions immediately and no refund will be granted for any payments you have made.
ZoeChat uses the services of established 3rd party vendors for all payments and payment information. ZoeChat stores no payment information on its servers and is not liable for any breach of payment information or loss that occurs with the payment vendor.
Due to storage limitations and expenses, ZoeChat reserves the right to close and delete any user account that has not been logged in for a period of 6 months or more. ZoeChat will notify any such users whose accounts it intends to delete, by email or SMS, if they have been inactive for greater than 5 months and provide those users with a minimum of 30 days notice and options on how to keep their content and account at ZoeChat or how to download their content onto their personal computers. ZoeChat will give one final notice at least 48 hours prior to deleting an account.
ZoeChat reserves the right to transfer ownership and administration of or terminate an Open Group or Page that has been abandoned by the Page or Group owner and its appointed Page or Group administrators. A Page or Open Group is considered abandoned if the Page or Group owner and Page or Group administrators do not log into ZoeChat for at least 6 months or do not post to the Page or Group for at least 6 months. Once the transfer of a Page or Group ownership and administration is effected by ZoeChat, it may be transferred subsequently at any time by ZoeChat.
Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of ZoeChat (“User Submissions”) are owned by the party contributing such content. As a user of ZoeChat, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using ZoeChat you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
ZoeChat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through ZoeChat is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using ZoeChat.
You are responsible for safeguarding the password that you use to access ZoeChat and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. ZoeChat cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Selling usernames, Page names, Group names: You may not buy or sell ZoeChat usernames, Page names or Group names.
Username, Page name, Group name squatting: You may not engage in username, Page name, or Group name squatting. Some of the factors we take into consideration when determining whether conduct is username, Page name, or Group name squatting include:
You may not register or create fake and misleading accounts. While you may use ZoeChat pseudonymously or as a parody, commentary, or fan account, you may not use misleading account information in order to engage in spamming, abusive, or disruptive behavior, including attempts to manipulate the conversations on ZoeChat. Some of the factors that we may take into account when determining whether an account is fake include:
You may not use ZoeChat’s services for the purpose of spamming anyone. Spam is generally defined on ZoeChat as bulk or aggressive activity that attempts to manipulate or disrupt ZoeChat or the experience of users on ZoeChat to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we take into account when determining what conduct is considered to be spamming include:
ZoeChat uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to ZoeChat and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the ZoeChat Service is never recommended. Once we receive your transmission of information, ZoeChat makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If ZoeChat learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. ZoeChat may post a notice on the ZoeChat Site or through the ZoeChat Service if a security breach occurs.
When you use our Services, we process any data you explicitly enter into the site (your “Content Data”), including your full name, email address, profile information, posts, comments, photos, voice recordings, videos, files, emojis, etc. ZoeChat uses your Content Data for the sole purpose of serving and providing you with the full experience of ZoeChat. You control how we process your Content Data through Privacy & Sharing settings in your account at ZoeChat. At any time you can edit/update, retrieve or delete your Content Data in your account.
When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information (including device and application IDs). We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to install another application through ZoeChat. ZoeChat uses Log Data to provide, understand, and improve our Services. We either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after a maximum of 12 months.
At any time you can retrieve your entire Content Data package from ZoeChat, using the “Download Your Content” feature in your account. When you select this feature, you will be able to download your Content Data to your personal device and decide how to migrate that data anywhere you choose.
At all times you have an easy way to opt out of our service and delete your account as well as ALL of your Content Data, if you do not wish to continue using our services. You can find this in your “Settings” where it says “Delete My Account.” When you delete any of your Content Data, or delete your entire account, we delete your Content Data and remove your account from our production servers as soon as is technically possible based on our infrastructure design including a 30-day delay to insure the deletion request was made by you, etc. The more data you delete, the longer will the deletion process take due to load balancing protections on our servers. After we’ve deleted your Content Data from our production servers, that same data may remain in our backups for a limited period of time (maximum of 7 months) due to protection regulations and our protocols for backup content protection. We secure your data that temporarily remains on our backups with additional security protocols. If we ever need to restore our backups into the main servers of ZoeChat (in a rare instance, for example recovering from a natural disaster), if any of your Content Data you have previously deleted from our main servers is still on our backups in that moment, it will be deleted prior to or right after the backups are moved to the main servers. If you own a group and delete your account, the content you posted to that group will be deleted; however, the group(s) you own will not be deleted unless you are the only member of that group.
ZoeChat's policy is to notify users of requests for their account information, which includes a copy of the request, prior to disclosure unless we are prohibited from doing so (e.g., an order under 18 U.S.C. § 2705(b)). Exceptions to prior notice may include exigent or counterproductive circumstances (e.g., emergencies; account compromises, etc.). We may also provide post-notice to affected users when prior notice is prohibited.
Like all service providers, ZoeChat is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction. The following guidelines apply to all customer data hosted by ZoeChat.
Preservation requests, subpoenas, or search warrants from Kenya law enforcement or civil investigative agencies seeking data regarding ZoeChat's customers may be personally served at, or mailed to the address below. ZoeChat will only respond to requests from non-Kenya. law enforcement agencies that are issued by a Kenya court either by way of a mutual legal assistance treaty or a letter rogatory. Civil subpoenas require personal service and will not be accepted via fax.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of ZoeChat and its licensors. The Services are protected by copyright, trademark, and other laws of both Kenya and foreign countries. Nothing in the Terms gives you a right to use the ZoeChat name or any of the ZoeChat trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ZoeChat, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“ZoeChat Content”); and (b) ZoeChat's trademarks, logos, and brand elements (“Marks”). The Site and Services, ZoeChat Content, and Marks are all protected under Kenya and international laws. ZoeChat, My Cloud, Check It Out, Practice Safe Sharing, the ZoeChat logo, and other ZoeChat logos and names are trademarks of ZoeChat. You agree not to display or use these trademarks in any manner without our prior written permission.
ZoeChat is provided to people by Semasocial Platform, Inc., a company based in Nairobi County, Kenya.
Under no circumstances will ZoeChat be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of ZoeChat to enforce any right or provision of these Terms will not prevent ZoeChat from enforcing such right or provision in the future.
ZoeChat reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
These Terms will be governed by and construed in accordance with the laws of Kenya, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the County or Country courts located in Nairobi County, Kenya. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Semasocial Platform, Inc.,
Kangemi, Nairobi, Kenya,
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