Terms of Service

1) Your Acceptance

This is an agreement between Now Messenger Inc. the owner of Now Messenger (collectively, including all content provided by Now Messenger through Now-Messenger and the Now-Messenger Site, the "Now-Messenger Service", or the "Service"), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND NOW MESSENGER'S PRIVACY POLICY, WHICH CAN BE FOUND AT http://now-messenger.com/privacy.html, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

2) Now-Messenger Service

These Terms of Service apply to all users of the Now-Messenger Service. Information provided by our users through the Now-Messenger Service may contain links to third party websites that are not owned or controlled by Now-Messenger. Now-Messenger has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Now-Messenger will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Now-Messenger shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3) Now-Messenger Access

4) User Contents

5) Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Now-Messenger SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Now-Messenger, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. Now-Messenger MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 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 SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Now-Messenger SERVICE. Now-Messenger DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Now-Messenger SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER SUBMISSION OR OTHER ADVERTISING, AND Now-Messenger WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

6) Limitation of Liability

IN NO EVENT SHALL Now-Messenger, 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 Now-Messenger 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 Now-Messenger SHALL NOT BE LIABLE FOR USER CONTENTS 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 Service is controlled and offered by Now-Messenger from its facilities in the United States of America. Now-Messenger makes no representations that the Now-Messenger Service is appropriate or available for use in other locations. Those who access or use the Now-Messenger Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

What Does This Privacy Policy Cover?

This Privacy Policy is part of Now-Messenger’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by Now-Messenger, including information obtained when you access the Now-Messenger’s Site, use the Now-Messenger Service or any other software provided by Now-Messenger.

The Information Now-Messenger Collects

User Provided Information: You provide certain Personally Identifiable Information, such as your mobile number, push notification name (if applicable), billing information (if applicable) and device information to Now-Messenger when choosing to participate in various uses of the Now-Messenger Service, such as registering as a user, updating your profile status, name or requesting profile status for your contacts. In order to provide the Now-Messenger Service, Now-Messenger may require access to your phone contacts or address book on your device to query the mobile numbers of other Now-Messenger users.

The Information Now-Messenger Does Not Collect

Now-Messenger does not collect location data, names, emails, addresses or other contact information from its users’ phone contacts or address book other than mobile numbers—the Now-Messenger mobile application will associate whatever name the Now-Messenger user has assigned to the mobile number in his/her phone contacts or address book — and this occurs dynamically on the device itself and not on Now-Messenger’s servers and is not transmitted to Now-Messenger.

The contents of messages that have been delivered by the Now-Messenger Service are not copied, kept or archived by Now-Messenger. Messages are relay to other users using either cell network or wifi. If the current user in the conversation does not have the app installed, the app will send the messages in form of SMS with the option to continue to receive and reply to the sms in a natural flow. When both users have the app, the both users have the option to send the message using various mode of messaging. User can opt to send message as SMS, Non-Realtime, and Realtime by choosing it within the chat window. When both users have the app and a message is sent but does not reach the expected receipient, then the message can be saved on the server for at least 1 day until it delivered. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by Now-Messenger — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s devices (and which may be deleted at any time by the users). Notwithstanding the above, Now-Messenger may retain any other information which Now-Messenger is legally compelled to collect.

When Now-Messenger Discloses Information

Other users of the Now-Messenger Service may see your Content Submissions in a way that is consistent with the use of the Now-Messenger Service. For example, a profile status of "Not available at this time" set by your number will be available to every user of the Now-Messenger Service who has your mobile number in their phone contacts or address book . In other words: If another user has your mobile phone number stored in their mobile phone address book or contact list, they will be able see your profile status information unless you have chosen to block such user. Other information such as “Last Seen” information is displayed to each userwho has your mobile number in their phone contacts or address book (and which you have not blocked), and reflects the last approximate time the Now-Messenger mobile application has been used or brought to the foreground on your mobile phone. “Last Seen” information is reported to Now-Messenger when a user brings the mobile application to the foreground or when you enter a one-on-one chat.

Note to International Users

The Now-Messenger Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the Now-Messenger Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Now-Messenger Site and Service, which are governed by Georgia law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by Georgia law for these purposes.

Changes and updates to this Privacy Notice

This Privacy Policy may be revised at anytime and this will be reflected by the "Last Modified Date" below. Please revisit this page to stay aware of any changes. Your continued use of the Now-Messenger Site and Now-Messenger Service constitutes your agreement to this Privacy Policy and any amendments.

Last Modified Date: August 5, 2015