Welcome to Blinqer, a communication platform that provides end-to-end encrypted instant messaging, media and content sharing (the “Platform”). Blinqer is owned and operated by Blinqer, Inc. (the “Company”, or “we”, “us”, “our”).

These Terms of Service (“Terms”) specify how you may and may not use the Platform. When you register to the Platform and use it, you agree to use the Platform according to these Terms. Please also pay attention to our Privacy Policy. If you do not agree to these Terms, please do not use the Platform.

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Contact us

If you have any questions about our Platform or these Terms, you can contact us at: info@blinqer.com.

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About the Platform

Blinqer is a communication platform that provides end-to-end encrypted instant messaging, media and content sharing, where each user can view their chats only upon successful Apple Face ID authentication. 

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Summary of the Terms

• Creating an account. When you create an account on the Platform, you must provide true and accurate information. Otherwise, we will not be able to create your account and allow you to use the Platform.

• Using the Platform. The Platform is intended only for users age 13 and above. You may use the Platform only for your personal use, and only according to these terms. You cannot allow others to use your user account.

• Your interactions with other users. We do take no part in your interactions with other users, and we are not responsible for how other users interact with you. Please be careful and think twice before sharing your personal information with other users.

• What you're allowed and not allowed to do on the Platform. You must use our Platform according to the acceptable use rules described in these Terms. You are not allowed to do anything that might harm our Platform's operation or our Platform's security. You may not copy our Platform or the content it includes, prevent other users from using the Platform, or use the Platform to do anything illegal. 

• Electronic records. You agree to the use of email to send you legally required notices from us.

• Your privacy. To understand how we collect and use your personal information, please read our Privacy Policy.

• Our intellectual property. We own, or legally use, the intellectual property rights (such as copyrights) in Platform. This includes the Platform’s own design and graphics, the content that appears on it, and our marks and logos. You are not allowed to do anything that violates our intellectual property rights, such as copying the Platform or the content that appears on it.

• Your user content. You own all the rights in the content that you post on the Platform (such as photos). Please do not upload any content that you did not create yourself unless you have the approval of the person who created it.

• Changes to the Platform. We may change our Platform for several reasons, such as to improve our services or to offer new technologies on the Platform. Changes might prevent you from using the Platform for some time.

• Availability of the Platform. Interruptions to the operation of our Platform are possible, such as due to internet connectivity problems. We try to have the Platform operate properly at all times, but we cannot promise you that it will always be available and free from errors.

• Disclaimers and limitation of liability. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MIGHT HAPPEN TO YOU FROM YOUR USE OF THE PLATFORM. THIS INCLUDES ANY DAMAGE THAT MIGHT HAPPEN TO YOU FROM YOUR INTERACTIONS WITH OTHER USERS.

• Ending your use of the Platform. If you want to stop using the Platform, you can do so at any time by deleting your account. We may block your account on the Platform at any time if we believe that your activity on the Platform is illegal or does not comply with these Terms, or if we are required by law to do so.

• Application marketplace rules. Although you download the Blinqer app from the Apple App Store, Apple is not responsible for the Blinqer app. You must refer to us any question or claim you have. If you violate these Terms, Apple can contact you regarding these Terms.

• Governing Law and Jurisdiction. The Terms are under the laws of the State of Delaware and in most cases disagreements between us will be handled through arbitration. But if your claims is suitable for small claims court, you may sue us in small claims court.

• Changes to these Terms. From time to time, we may change these Terms. If we make significant changes, we will update you about those changes. If you don't agree to the new changes, you can ask to delete your account and stop using the Platform.

 

Use of the Platform

General. Subject to these terms, you may use the Platform through the Blinqer app on your smartphone, free of charge and for your personal use only. The Platform is intended only for users of age 13 and above.

When you register to the Platform, you must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information will prevent you from registering to the Platform and impair our ability to provide you with our Platform and to contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Platform.

You are prohibited from selling or transferring your user account in any way, to another user, entity or any third party.

We take no part in, or responsibility for, the interactions between you and other users. These interactions and communications, and all consequences resulting therefrom, are strictly between you and the other users participating in those interactions and communications. Please use discretion when sharing your personal information with other users.

Electronic records. If you are an individual residing in the United States, by agreeing to these Terms you also agree to the use of email (“Electronic Record”) to send you legally required notices. You may withdraw your consent to use an Electronic Record by notifying us at info@blinqer.com and indicating your withdrawal of consent, your full name and postal address. To access and retain a copy of this disclosure or the Electronic Record in which we send you any legal required notices, you will need (i) a computer with a web browser and Internet access and (ii) either a printer or storage space on such device. To request a paper copy of this disclosure or the Electronic Record in which we send you any legal required notices, contact us at info@blinqer.com and indicate your request, your full name and postal address. We will charge you the cost of first-class mail-international, for each paper copy you request. To update the contact details we use to contact you electronically, contact us at info@blinqer.com and indicate your full name, your old email address and new email address.

Acceptable Use. When using the Platform, you must comply with these Terms and adhere to any applicable law. In addition, you may not –

• Attempt to circumvent, bypass or deactivate security or protection measures in the Platform;

• Use the Platform in order to develop or create a product or platform similar to, or competing with, the Platform or us.

• Attempt to compromise information security in the Platform or in any network or server used by us, attempt to uncover information security vulnerabilities, or attempt to engage in any form of probing, scanning, crawling, robotic navigating or hacking of the Platform or our systems;

• Attempt to register to the Platform, access the Platform, download any information or use any information on the Platform, in an automated or mechanized process, or use the Platform in any way other than for personal use of the registered user;

• Attempt to activate or access features or capabilities that are undocumented, not ordinarily accessible or deactivated in the Platform;

• Attempt to engage in reverse-engineering, disassembling or decompiling of the Platform;

• Use the Platform in any manner that may give rise to a criminal offense, civil tort, infringement or violation of the rights of any third party;

• Attempt to burden or interfere with the operation of our systems related to the operation of the Platform;

• Attempt to integrate the Platform in any application, web page, or any way other than expressly permitted by these Terms;

• Use the Platform for or in connection with any action that may encourage or constitute threat, harassment or fraud;

 

Privacy

We respect your privacy. To better understand how we collect and use your information for the purpose of providing you with our services, please read our Privacy Policy, which is an integral part of these Terms.

 

Intellectual property

Our content. All rights, title, and interest in and to the Platform itself, including all patents, copyrights, trademarks, trade secrets and other intellectual property rights and any goodwill associated therewith, embodied therein or utilized by us in the operation of the Platform, whether such rights are registered or not, are the exclusive property of the Company and its licensors. This includes the Platform’s design, graphics, computer code, algorithms and “look and feel”.

Other than as expressly permitted in these Terms, you may not, either by yourself or by a third party on your behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of, the Platform or any part thereof, in any way or by any means.

You may not use any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission that may dilute or damage our goodwill.

User Content. All the rights in content that you upload to or generate in your use of the Platform, such as the media (e.g., images, video clips) you upload to the Platform, (“User Content”) remain yours.

We do not claim any ownership of User Content. However, you grant us an irrevocable, perpetual, world-wide, royalty-free, sub-licensable and assignable license to copy, reproduce, create derivative works of, distribute, broadcast, make available and communicate your User Content to the other users of the Platform.

You are responsible for your User Content you share, upload, send, receive, record or otherwise use while using the Platform. You represent to us that you have all necessary rights in and to your User Content to allow us to store it and make it available to others through the Platform.

YOU ARE SOLELY LIABLE FOR PROTECTING YOUR OWN AND OTHERS' PRIVACY, AND FOR OBTAINING THE PRIOR CONSENT OF INDIVIDUALS WHOSE PERSONAL INFORMATION IS INCLUDED IN THE CONTENT YOU SHARE. WE WILL NOT BEAR LIABILITY FOR ANY DAMAGES THAT MIGHT INCUR TO YOU OR TO THIRD PARTIES AS A RESULT OF THE PUBLICATION OF PERSONAL INFORMATION.

You may find User Content not compatible with your expectations, objectionable, annoying, improper, unlawful, or immoral. We do not endorse, or sponsor User Content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality.

Any and all communications and interactions between you and third parties, including other users, and all consequences resulting from the above, are strictly between you and such third party. Other than facilitating the interaction between you and other users, we are not actively involved in those communications, interactions, dealings, engagements and transactions. We are not liable, do not guarantee and make no representation or judgment as to your interactions with other users, such as to the safety, accuracy, helpfulness, adequacy to your needs, legality, appropriateness, authenticity, validity, truthfulness and morality. 

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Copyright Policy

We respect the intellectual property rights of others and request our users to do the same. If you believe that User Content that the Platform stores on its servers, such as Blinqer user profile image, infringes copyrights that you own or represent, please report it through in accordance with our Copyright Policy.

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Availability and changes to Platform

Changes to Platform. We may change, improve and adopt new features to our Platform, such as by modifying the structure, layout, design or display, as well as the scope and availability of the Platform and the content therein, for the following purposes:

• To improve our services;

• To adapt to new technologies;

• To reflect changes in our agreements with others;

• To comply with legal or other requirements; and

• To prevent misuse of our Platform and to enforce these Terms.

Changes to the Platform may result in glitches or cause inconvenience of some kind.

Availability. We will make efforts to have the Platform available and operate without errors, on a 24/7 basis. However, the availability, quality and functionality of the Platform depends on various factors, including software, hardware, communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free, and we do not warrant that the Platform will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or immune from errors, glitches or unauthorized access.

 

Disclaimers and limitation of liability

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.

WE DO NOT WARRANT THAT (1) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE PLATFORM WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE PLATFORM, THE EVENTS, LEAGUES, VENUES, PRODUCTS OR OTHER CONTENT AVAILABLE THROUGH OR IN THE PLATFORM, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED THROUGH THE PLATFORM WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE PLATFORM WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CONTRIBUTION, INDEMNITY, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE OR THE PRODUTS.

 

Termination of these Terms

You may terminate these Terms at any time by permanently ceasing use of the Platform and deleting your account.

We may block your access to, and terminate these Terms and your use of, the Platform, effective immediately, upon sending a notice, if:

• You materially or repeatedly breach these Terms;

• We reasonably believe that your use of the Platform causes substantial harm or liability to us or to third parties, e.g. by hacking, spamming, misleading, fishing, and harassing other users;

• We’re required to do so under the applicable law or a court order.

In other cases, we can terminate these Terms only upon reasonable prior notice to you.

Provisions in these Terms that by their nature should survive termination or expiration of these Terms, will so survive and remain in full force and effect following such termination or expiration, including, without limitation, the following sections: Privacy, Intellectual property, Disclaimers, Governing Law and Jurisdiction.

 

Application marketplace

Your use of the Blinqer iOS app (“App”) is subject to additional third-party terms and conditions that govern the application marketplace from which you downloaded the App: Apple App Store (“Store”). Apple (the “Store Operator”) is not responsible for providing maintenance and support services with respect to the App.

You and the Company agree and acknowledge as follows:

• These Terms are concluded between yourself and us, and not the Store Operator. The Store Operator is not responsible for the App. In the event of a conflict between these Terms and the Stores’ terms of service, the Stores’ terms of service shall prevail solely with respect to the conflicting provisions.

• The license granted to you in the App is a limited, non-transferable license to use the App on any Store Operator branded products that you own or control, as permitted by the Store Operator’s terms of service.

• You acknowledge that the Store Operator has no obligation to furnish any maintenance and support services with respect to the App.

• To the maximum extent permitted by applicable law, the Store Operator will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at the Store Operator's responsibility.

• The Store Operator is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising from consumer protection or similar legislation.

• In the event of any third party claims that the App or your possession and use of the App infringes that third party’s IP Rights, the Store Operator will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.

• You must comply with applicable third-party terms of agreement when using the App (e.g., you must not be in violation of your wireless data services agreement when you use the App).

• The Store Operator and its subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, the Store Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

 

Governing Law and Jurisdiction

Regardless of your place of residence, these Terms and your purchase and use of the Product will be governed by and construed solely in accordance with the laws of the State of Delaware, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Delaware.

If you have a complaint about the Platform or the Company, please first contact us at info@blinqer.com. We will carefully review and consider your complaint.

SUBJECT TO THE EXCEPTIONS BELOW, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND THE COMPANY REGARDING THESE TERMS OR THE PRODUCT, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG). THE SUBSTANTIVE LAW OF ARBITRATION SHALL BE THE LAWS OF THE STATE OF NEW YORK.

JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.

THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES. THESE FEES WILL BE SHARED AS FOLLOWS: ONE THIRD BY YOU AND TWO THIRDS BY US, UNLESS THE ARBITRATOR: (I) DETERMINES THAT THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE THE CLAIMANT SHALL BEAR ALL SUCH FEES ARISING FROM THE FRIVOLOUS CLAIM; OR (II) DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.

THE ARBITRATION WILL BE A CONFIDENTIAL PROCEEDING. NEITHER PARTY WILL MAKE ANY PUBLIC ANNOUNCEMENT OR PUBLIC COMMENT OR RELEASE ANY PUBLICITY CONCERNING THE ARBITRATION INCLUDING THE FACT THAT THE PARTIES ARE IN DISPUTE, THE EXISTENCE OF THE ARBITRATION OR ANY DECISION OR AWARD OF THE ARBITRATOR. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US TO info@blinqer.com, WITHIN SEVEN (7) DAYS OF YOU ENTERING INTO THESE TERMS FOR THE FIRST TIME, AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE PLATFORM, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE COURTS IN NEW YORK COUNTY IN THE STATE OF DELAWARE, USA, AND THE FEDERAL DISTRICT COURT FOR THE DISTRICT OF DELAWARE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY ASSERT: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION ADJUDICATING A THIRD PARTY CLAIM THAT IS SUBJECT TO INDEMNITY; (B) A CLAIM ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS), IN ANY COURT HAVING GENERAL OR SPECIFIC JURISDICTION OVER THE DEFENDANT; AND (C) A COURT CLAIM FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, IN ANY COURT HAVING GENERAL OR SPECIFIC JURISDICTION OVER THE DEFENDANT.

 

Changes to these Terms

From time to time, we may change these Terms, in whole or in part to:

• Reflect modifications in our Platform;

• Comply with the applicable law and adopt new regulatory requirements;

• Prevent abusive use or harm; or

• Update the Terms where changes are required in light of our experience in communicating with you and other users.

If we make significant changes to these Terms, we will provide you with a notice via your email or through the Platform. If we make such changes and you do not agree to the new terms, you may request that we delete your account on the Platform. Your continued use of the Platform after the effective date of the amended Terms constitutes your consent to the amended Terms.

 

General

Relationship. These Terms do not create any agency, partnership, employment, trustee, or other type of legal relationship between you and the Company, other than that of two independent contractual parties.

Assignment. You may not assign or transfer your rights and obligations under These Terms without our prior written consent. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding anything to the contrary under law, we may assign to a third party these Terms in their entirety, including all rights, duties, liabilities, and obligations therein, upon notice to you and without obtaining your further specific consent, upon a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets relating to these Terms. By virtue of such assignment, the assignee assumes our stead, including all rights, duties, liabilities and obligations, and we are irrevocably released from the same.

Entire Agreement. These Terms constitute the entire agreement between you and the Company concerning the subject matter herein and supersedes all prior and contemporaneous negotiations and oral representations, agreements and statements.

No waiver. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under the Terms.

Severability. If any provision of these Terms is held illegal, invalid, or unenforceable by a competent court or arbitration tribunal, then that provision shall be performed and enforced to the maximum extent permissible by law to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall remain in full force and effect.