Terms & Conditions

ForgetMeNot Software Limited ("ForgetMeNot") – End User Licence Agreement (EULA)

The following are the terms and conditions for use of ForgetMeNot’s Chatbar unified messaging service (hereinafter referred to as "Chatbar" or "the Service") by the User (hereinafter referred to as "the User"). Please read them carefully.

IMPORTANT: BY ACCESSING ANY PART OF CHATBAR THE USER IS AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”), AND CONSENTS TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. SHOULD THE USER NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS EULA, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, HE/ SHE/ IT SHOULD CLOSE THE BROWSER WINDOW, THEREBY TERMINATING THE REGISTRATION PROCESS. MOREOVER THE USER WILL STOP ALL USE OF CHATBAR AND SURRENDER ANY AND ALL AUTHORITY TO USE THE SERVICE.

IF THE USER IS DEEMED TO HAVE ORDERED THE SERVICE, FORGETMENOT'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS EULA, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY FORGETMENOT, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

THE USER AGREES THAT ALL TERMS AND CONDITIONS HEREWITH PUBLISHED SHALL BE BINDING UPON THEM.

1. THE SERVICE

The Service consists of a browser interface, message application, SMS gateway access, e-mail facility, IM gateway, data encryption, data transmission, data access, data storage and synchronization software. The User is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all usage and/or access charges (e.g., ISP, telecommunications) incurred while using the Service.

ForgetMeNot’s charges to the User for utilizing the Service are explained in the Coverage page of the Chatbar website. Users are required to purchase messaging credits (“Chips”) from which ForgetMeNot’s charges will be decremented according to the User’s usage of the Service. Chips will not be activated until the User’s purchase is processed by ForgetMeNot’s payment processor.

In utilizing the Service the User may incur additional charges from 3rd parties in addition to those levied by ForgetMeNot. For instance, a User sending a SMS message from a cell phone to a Chatbar reply number may be charged for sending such message by the telecommunications network to which the User subscribes.

ForgetMeNot makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. ForgetMeNot reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time without notice and with immediate effect. [See below for the treatment of remaining but unused Chips if and when such termination occurs].

Messages shall be deemed to have been delivered when ForgetMeNot has delivered/sent the messages to the immediate destination that ForgetMeNot’s Software is programmed to do, including SMTP servers, Mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. ForgetMeNot does not guarantee delivery on behalf of Mobile telephone networks, mail servers or instant messaging servers.

ForgetMeNot lays no claims to its network coverage. Although ForgetMeNot endeavors to provide as wide a coverage of SMS destinations as possible, mobile networks may from time to time be unavailable. This may result in messages not being delivered.

2. USE OF PROPRIETARY SOFTWARE

Subject to the terms and conditions of this EULA and the Laws of Hong Kong, ForgetMeNot grants the User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to access and use its proprietary Software and Service (together, the “Technology”). The User will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the Technology; modify, translate, or create derivative works based on the Technology; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the Technology; use the Technology for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to ForgetMeNot’s Technology. As between the parties, the User acknowledges that ForgetMeNot, and its licensors retain ownership of the Technology, proprietary applications, intellectual property ("IP" or “Intellectual Property”) and any portions or copies thereof, and all rights therein. Upon termination of this EULA for any reason, this License will terminate and the User shall cease to use the Technology. THE TECHNOLOGY IS PROVIDED "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS EULA AND SUBJECT TO TESTING BY THE USER PRIOR TO ENTERING INTO THIS AGREEMENT.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open an account for usage of the Service, the User must complete the registration process by providing us with current, complete and accurate information as prompted by the Membership/registration form/webpage. Inaccurate details will result in suspension. The User will also choose a password and an account name. The User is entirely responsible for maintaining confidentiality with regard to its password and account information. Furthermore, the User is entirely responsible for any and all activities that occur under its account. ForgetMeNot will not be held liable to any third party claims and or actions taken with respect to services offered.

The User agrees to notify ForgetMeNot immediately of any unauthorized use of its account or any other breach of security.

4. MEMBER PRIVACY

It is ForgetMeNot's policy to respect the privacy of the User. ForgetMeNot will not monitor, edit, or disclose any personal information about the User or the User's ForgetMeNot account, including its contents, without the User's prior permission unless ForgetMeNot has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of ForgetMeNot; (3) enforce this Service Agreement or protect ForgetMeNot's business or reputation, including without limitation upon termination, cancellation or suspension of this EULA by ForgetMeNot; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the User or a claim by a third party that the User is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the User or others. ForgetMeNot's Service may transmit the Sender's name (From field) and/or mobile phone number with each message that the end-user sends.

The User agrees that ForgetMeNot may access its account, including its contents, as stated above or to respond to service or technical issues.

THE USER HEREBY GRANTS FORGETMENOT THE RIGHT TO SEND TO THE USER COMMUNICATION VIA E-MAIL OR OTHER MEANS (INCLUDING BUT NOT LIMITED TO SMS AND INSTANT MESSAGING) OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION THAT FORGETMENOT DEEMS IMPORTANT FOR THE USER TO KNOW, RELATING TO THE SERVICE.

5. MESSAGE AND OTHER LIMITATIONS

ForgetMeNot assumes no responsibility for the deletion or failure to store information. ForgetMeNot has set no fixed upper limit on the number of messages the User may send through the Service apart from how many Chips are left in the User's account; however, ForgetMeNot reserves the right, at its sole discretion, to determine whether or not the User's conduct is consistent with the letter and spirit of the EULA and may terminate the Service if the User's conduct is found to be inconsistent with the Agreement. Please see Section 8 below for more information on procedure at termination of the Service. ForgetMeNot may, in the future, with prior notification, limit the amount of storage space available to each Member.

Although ForgetMeNot prides itself on speedy delivery of messages, messages may be delivered late due to queuing or network traffic. This will still result in the message being seen as "delivered".

6. MEMBER CONDUCT

Any unauthorised commercial use of the Service is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, the User agrees not to:

Use the Service in connection with chain letters, junk email, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
Harvest or otherwise collect information about others, including email addresses, without their consent;
Create a false identity or forged email, IM or mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
Transmit through the Service, associate with the Service or publish with the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
Libel, defame or slander any person, or infringe upon any person's privacy rights;
Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
Attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services and/or software; or
Engage in any other activity that ForgetMeNot believes could subject it to criminal liability or civil penalty or judgment.

7. FEES, PAYMENT AND YOUR RIGHT TO CANCEL

Fees. Users are required to purchase messaging credits (“Chips”) from which ForgetMeNot’s transaction fees and charges will be decremented according to the User’s usage of the Service. ForgetMeNot may from time to time offer limited time "Free Trial" or similar promotions during which no transaction fees or reduced transaction fees shall apply. Such promotions are intended for Users to test the capabilities of the Service and/or for casual, personal use only. During such promotions, all provisions of this EULA shall remain in full force and effect.

Chips are to be purchased upfront. Failure to purchase Chips upfront will result in suspension of the Service. Upfront purchase refers to payment that is made within a reasonable time so as to allow processing (by ForgetMeNot’s payment processor) of the User’s payment as well as time to add the Chips to the client's account.

Any Chips must be used within 365 days from the date of purchase. ForgetMeNot may extend this period on a case-by-case basis at its sole discretion.
Payment. Transaction fees and changes (fees associated with individual messages sent) shall be decremented from Chips held by the User at the time of or before ForgetMeNot delivers a message to the User's recipients via each applicable method of delivery. ForgetMeNot shall not be required to deliver any message in the event that the User holds insufficient Chips to meet the transaction fees and charges associated with that particular message.
Credit Card Payment. If the User has elected to pay for the Service and/or acquire Chips by credit card, and ForgetMeNot does not receive payment from the credit card issuer, the User agrees to pay all amounts due, immediately upon demand by ForgetMeNot. All amounts are pre-paid and the User agrees to payment and the Terms and Conditions of such payment when such payment is made. ForgetMeNot reserves the right to come to other payment arrangements on a case-by-case basis. (Agreements with the credit card issuer governs use of the User's credit card, and the User must refer to that agreement to ascertain its rights and liabilities as a cardholder.) Conversion rates are adjusted periodically against the UNITED STATES DOLLAR. This may change the sales price due to currency fluctuations. The final purchase amount is the amount reflected on the Credit Card holder's statement.
Termination or Cancellation by the User. The User is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective the User must carry out such termination in accordance with the policies and procedures established by ForgetMeNot, as advised from time to time. Any questions concerning the appropriate method by which to cancel this Agreement, should be addressed to support@fmnsoft.com
Cost Increases. The User acknowledges that ForgetMeNot is dependant on various telecommunications networks and institutions for the delivery of its messages and that the cost to ForgetMeNot of message delivery may change at any time. As such ForgetMeNot may be required to change its own transaction fees and charges at any time and from time to time. Any changes to the ForgetMeNot transaction fees and charges shall be posted immediately on the Chatbar website. Should there be a cost increase AFTER the User has purchased Chips from ForgetMeNot, the User may elect within 30 days of such increase to notify ForgetMeNot of their desire to discontinue their use of the Service; in such event ForgetMeNot will refund to the User the current exchange rate value of any Chips that may be left over in the User's account. Should the User's account not have any Chips left, the said account will automatically expire. The account will be re-activated upon payment for new Chips.
The User can request a refund of monies paid to ForgetMeNot within 7 days of making any purchase from ForgetMeNot, provided that the amount requested for refund is the same amount as Chips left in the User's account, i.e. all transaction fees and charges for messages sent will be decremented from Chips held by the User. There is a 10% surcharge on all refunds pursuant to this section.

8. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION

Modification of Terms. ForgetMeNot frequently updates, modifies, and otherwise continually seeks to improve the Service. Such changes often dictate that we simultaneously modify our Terms and Conditions of Use. As such, ForgetMeNot shall have the right to modify the terms of this EULA and to change or discontinue any aspect or feature of the ForgetMeNot Service as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges his/her/its responsibility to review this Agreement from time to time and to be aware of any such changes.
Termination, Cancellation and/or Suspension by ForgetMeNot; Disclosure of Information. This Agreement and the license granted hereunder may be terminated, canceled and/or suspended by ForgetMeNot at any time if, in ForgetMeNot's sole discretion, the User breaches this EULA. Such termination, cancellation and/or suspension by ForgetMeNot shall be effective immediately upon notification by ForgetMeNot to the User in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, ForgetMeNot may elect to suspend, terminate and/or cancel this EULA and/or recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. ForgetMeNot reserves the right to suspend the User’s service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the User’s status as being a ForgetMeNot User, financial status of the User or the content of the messages originating from the User.
In the event that ForgetMeNot receives complaints from recipients or third parties with respect to the use of the Service, ForgetMeNot additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its Users.
Termination or Cancellation by the User. The User is free to terminate or cancel this Agreement at any time, in accordance with Section 7(D).
Obligations Upon Termination and/or Cancellation. Upon any termination, cancellation and/or suspension of this EULA, the User is responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Payment and other obligations under this EULA are not suspended, stayed, or otherwise affected by a suspension of access to / or use of the ForgetMeNot Service (in whole or in part) where said suspension arises from the User's failure to comply with, or violation of, the terms of this EULA or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using the Service. ForgetMeNot shall have no obligation to the User after any termination or cancellation of this Service Agreement, excepting point F below.
Financial obligations of ForgetMeNot upon Termination and/or Cancellation. Should the termination of Services result in a situation where the User still has Chips, the User shall receive back the monetary value of such credits in full (minus a 10% refund surcharge), save any expenses that may be incurred by ForgetMeNot to facilitate this remuneration, including but not limited to payment commissions, transfer duties, legal costs, and/or third-party involvement.

9. NO WARRANTIES OR LIABILITIES

GENERALLY. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE INTERNET GENERALLY IS AT ITS OWN RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. FORGETMENOT WILL USE COMMERICIALLY REASONABLE EFFORTS TO MAKE ACCESS TO THE SERVICE AVAILABLE TO THE USER THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS THE SERVICE AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in Section 9(A), ForgetMeNot and its affiliates, agents, content providers, service providers, and licensors:
1. HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABLIITY OR FITNESS FOR PARTICULAR PURPOSE OF THE SERVICE GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF THE SERVICE GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
2. SHALL IN NO EVENT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY, AND ANY ASPECT ANCILLARY THERETO; (THE USER AGREES TO INDEMNIFY FORGETMENOT PURSUANT TO SECTION 11 HEREOF FOR ANY AND ALL THIRD PARTY CLAIMS ARISING FROM SUCH FAILURES, DELAYS OR INTERRU PTIONS IN CONNECTION WITH REGARD TO USE OF THE SERVICE);
WITHOUT IN ANY WAY LIMITING THE FOREGOING, FORGETMENOT SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO THE GREATER OF i) TOTAL TRANSACTION CHARGES INCURRED BY THE USER IN THE MONTHLY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY THE USER AND/OR THE USER ALLEGING LIABILITY; OR i) TWO TIMES THE LOWEST MONTHLY TRANSACTION FEE APPLICABLE TO SUCH ACCOUNT AND /OR CLAIM IN EFFECT FOR THE MONTHLY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY THE USER AND/OR THE USER ALLEGING LIABILITY.
HIGH RISK ACTIVITIES. THE FORGETMENOT SERVICE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SERVICE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, FORGETMENOT AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY NOTIFICATION SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, FORGETMENOT'S LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. THIRD PARTY BENEFICIARIES

Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth in Section 9 herein are for the benefit of ForgetMeNot and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.

11. INDEMNIFICATION

The User agrees to indemnify, hold harmless, and defend ForgetMeNot and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to (i) the use of the Service in any manner which violates the terms of this EULA or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from the User’s use of the Service, including without limitation any and all third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as reasonably required in the defence of any claim. ForgetMeNot reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User.

12. MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this EULA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this EULA will otherwise remain in full force and effect and enforceable. In this EULA, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders. This Agreement shall be governed by and construed and interpreted in accordance with the law of Hong Kong. No agency, partnership, joint venture, or employment is created as a result of this EULA and the User does not have any authority of any kind to bind ForgetMeNot in any respect whatsoever. In any action or proceeding to enforce rights under this EULA, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this EULA will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These terms and conditions constitute the whole agreement between ForgetMeNot and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.