Tokee: Terms of Service

Terms of Service

Last Updated: October 11, 2024

1. Introduction

This Terms of Service sets out how we, Tokee ("Tokee") a service product developed and owned by Deucetek LLC, use and protect your personal data that you provide to us, or that is otherwise obtained or generated by us, in connection with your use of our cloud-based messaging services (the "Services"). For the purposes of this Privacy Policy, ‘we’, ‘us’ and ‘our’ refers to Tokee, and 'you’ refers to you, the user of the Services.

By Signing up for Tokee, you accept our Privacy Policy & Terms of Service and agree not to:

Use our service to send spam or scam users.
Promote violence on publicly viewable Tokee channels, bots, etc.
Post illegal pornographic content on publicly viewable Tokee channels, bots, etc.

If you access certain optional features and services on the Tokee platform, you will be additionally bound by their specific terms – such as the Terms of Service for Tokee Premium and Tokee Business.

2. User Responsibilities

2.1. Eligibility

Tokee has currently been given an ‘E’ for everyone on Google Play Store and an age of ‘4+’ on the Apple App Store. This will be subject to change depending on what future updates may or may not entail.

2.2. Account Security

All Tokee accounts are created and linked using a valid phone number provided by the user. Phone numbers are verified through a third-party OTP (One-Time Password) verification service provided by Twilio. To maintain account security, ensure that no one else has access to your phone number during sign-up or login. If you have any concerns about a potential account breach, please contact our support team at support@deucetek.com

2.3. Compliance with the Terms

Failure to comply with the Tokee Terms of Service may result in a temporary or a permanent ban from Tokee or some of its services. In such instances, you might lose the benefits of Tokee Premium and Tokee Business and we will not compensate you for this loss.

2.4. Unilateral Termination

Tokee can decide to stop offering subscriptions at any time, including in response to unforeseen circumstances beyond our control, or to comply with a legal requirement; in this case we will cancel your subscription and refund the prorated portion of any prepaid subscription fee equal to the remaining unused term of the subscription.

3. Usage Guidelines

You must use our Services according to our Terms and posted policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the "Termination" section below.

3.1. Legal & Acceptable Use

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:

Violate, misappropriate, or infringe the rights of Tokee, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.
Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm.
Involve publishing falsehoods, misrepresentations, or misleading statements.
Impersonate someone.
Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like.
Involve any non-personal use of our Services unless otherwise authorized by us.

3.2. Non-Acceptable Use

You will not use (or assist others in using) our services in ways that:

Violate, misappropriate, or infringe the rights of Tokee, our users, or others, including privacy, publicity, intellectual property or other proprietary rights.
Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm.
Involve publishing falsehoods, misrepresentations, or misleading statements.
Impersonate someone
Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like.
Involve any non-personal use of our Services unless otherwise authorized by us.
Use our service to send spam or scam users.
Promote violence on publicly viewable Tokee channels, bots, etc.
Post illegal pornographic content on publicly viewable Tokee channels, bots, groups, etc.

3.3. Harm To Tokee Or Our Users.

You must not (or assist others to) directly, indirectly, through automated or other means, 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:

Reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services.
Send, store, or transmit viruses or other harmful computer code through or onto our Service.
Gain or attempt to gain unauthorized access to our Services or systems.
Interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services.
Create accounts for our Services through unauthorized or automated means.
Collect information of or about our users in any impermissible or unauthorized manner.
Sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner.
Distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services.
Create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.
Misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

3.4. Prohibited Conduct

Engaging in any illicit, criminal, or fraudulent behavior or activities is strictly prohibited on our platform. This includes, but is not limited to, actions that violate local, state, national, or international laws. Any user accounts found to be participating in, facilitating, or aiding in the spread of such prohibited conduct will be permanently banned without notice. We reserve the right to take further legal action if necessary and will comply with local, state, national or international law enforcement to prevent any further illicit behavior or activities taking place in Tokee if need be.

4. Privacy

Tokee cares about your privacy. Tokee Privacy Policy describes our data (including message) practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you.
By signing up for Tokee, you are agreeing to our privacy-policy, which can be found here.

5. Intellectual Property

5.1. Ownership

To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Rights. We may take action with respect to your account, including disabling or suspending your account, if you clearly, seriously or repeatedly infringe the intellectual property rights of others or where we are required to do so for legal reasons. Disabling or suspending your account will be in accordance with the "Termination” section below.

5.2. Your Rights

Tokee does not claim ownership of the information that you submit for your Tokee account or through our Services. You must have the necessary rights to such information that you submit for your Tokee account or through our Services and the right to grant the rights and licenses in our Terms.

5.3. Tokee’s Rights

Weownall 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 (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless you have our express permission.

5.4. Your License To Tokee

In order to operate and provide our Services, you grant Tokee 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, and store your undelivered messages on our servers for up to 30 days as we try to deliver them).

5.5. Tokee’s License To You

Wegrant 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.

6. Termination

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. Upon termination of your account or these Terms of Service for any reason, the following provisions will survive: Intellectual Property Rights (Section 5), Disclaimers and Limitation of Liability (Section 7), Indemnification (Section 7.3), Dispute Resolution (Section 8), Privacy (Section 4), and any other provisions which by their nature are intended to survive termination.

6.1. Compliance with the Terms

6.2. Unilateral Termination

7. Disclaimers and Limitations of Liability

7.1. 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 “TOKEE PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOUR RIGHTS WITH RESPECT TO THE TOKEE PARTIES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

7.2. Limitation of Liability

THE TOKEE 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 (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF THE TOKEE 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 TOKEE PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7.3. Indemnification

If anyone brings a claim ("Third-Party Claim") against us related to your actions, information, or content on Tokee, or any other use of our Services by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold the Tokee Parties harmless 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:

Your access to or use of our Services, including information and content provided in connection therewith.
Your breach of our Terms or applicable law.
Any misrepresentation made by you.

You will cooperate as fully as required by us in the defense or settlement of any Third-Party Claim. Your rights with respect to Tokee are not modified by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our Services, do not permit it.

8. Dispute Resolution

8.1. Forum And Venue

If you are a Tokee user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that any claim or cause of action you have against Tokee relating to, arising out of, or in any way in connection with our Terms or our Services, and for any claim or cause of action that Tokee files against you, you and Tokee agree that any such claim or cause of action (each, a “Dispute,” and together, “Disputes”) will be resolved exclusively in the United States District Court for the Northern District of Georgia or a state court located in Gwinnett County in Georgia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or cause of action, and the laws of the State of Georgia will govern any such claim or cause of action without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you that is not subject to arbitration in any competent court in the country in which you reside that has jurisdiction over the Dispute.

8.2. Governing Law

The laws of the State of Georgia govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Tokee and you, without regard to conflict of law provisions.

8.3. Time Limit To Bring A Claim Or Dispute

THESE TERMS ALSO LIMIT THE TIME YOU HAVE TO BRING A CLAIM OR DISPUTE, INCLUDING THE TIME TO START AN ARBITRATION OR,IF PERMISSIBLE,A COURT ACTION OR SMALL CLAIMS PROCEEDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. We and you agree that for any Dispute (except for the Excluded Disputes defined below) we and you must bring Claims (including commencing an arbitration proceeding) within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not bring a Claim (including commencing an arbitration) within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.

9. Changes to Terms

9.1. Modification of Terms

Tokee reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. In the event of a significant change, we will provide notice through the Tokee app, Tokee Official Channel, or by other means, such as email. Continued use of the service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree with the changes, you should discontinue use of Tokee immediately.

9.2. Notification of Changes

You agree to review these Terms of Service periodically to stay informed of any updates. The date of the last revision will be indicated at the top of this document. Your continued use of Tokee following the posting of changes to these terms will mean you accept those changes.

10. Contact Information

10.1 Customer Support

For any questions about these Terms of Service or if you require assistance with your account, please contact Tokee's customer support at support@deucetek.com

10.2. User Inquiries

If you have any inquiries regarding privacy, data protection, or any other legal matter, please direct them to our legal department at official@deucetek.com or send in an inquiry via our contact form in the Tokee app.

11. Third Party Services

Tokee may contain links to third-party websites or services that are not owned or controlled by Tokee. Tokee has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Tokee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

12. Data Retention

Wewill retain your personal data only for as long as is necessary for the purposes set out in this Terms of Service. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.

13. User Generated Content

You retain ownership of the content you post on Tokee. By posting content on Tokee, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This license will end when your content is deleted from our systems.

14. Advertisement and Promotions

Tokee may display advertisements and promotions from third parties on the service. Your dealings with, or participation in promotions of, advertisers other than Tokee, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Tokee is not responsible or liable for any loss or damage of any sort license will end when your content is deleted from our systems. incurred as the result of any such dealings or promotions.

15. Feedback

Any feedback, comments, or suggestions you may provide regarding Tokee 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.