Terms of Service
1. Your Acceptance
This is an agreement between PULL APP CORP., a New York corporation (“PULL APP"), the owner and operator of https://thepullapp.com (the “PVLL APP Site”), the PULL APP software, including PVLL (collectively, including all content provided by PULL APP through PVLL and the PVLL APP Site, the "PVLL 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 PULL APP'S PRIVACY POLICY, WHICH CAN BE FOUND AT https://thepullapp.com/termsAndPolicies.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. PULL APP Service
A. These Terms of Service apply to all users of the PULL APP Service which includes the PULL APP Message Feature, PULL APP Share Feature and PULL APP Analytics Feature. Information provided by our users through the PULL APP Service may contain links to third party websites that are not owned or controlled by PULL APP. PULL APP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PULL APP will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that PULL APP shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
B. You expressly acknowledge and agree that in order to provide the Service, PULL APP stores the content of messages that are in queue to be sent or have not yet been sent securely on our servers (messages are masked, with exception to messages shared through the PULL APP Share Feature, and securely stored once they are sent). You expressly acknowledge and agree that in order to provide the Service, PULL APP masks the content of messages sent or received through the PULL APP Message Feature and messages analyzed by the PULL APP Analytics Feature. You expressly acknowledge and agree that in order to provide the Service, PULL APP masks the content of the messages by (i) permanently changing all alpha characters to the letter 'A' and (ii) permanently changing all numerical characters to the number ‘0’. You expressly acknowledge and agree that in order to provide the Service, PULL APP stores the undecipherable masked messages securely on our servers. You hereby give your express consent to PULL APP to store the content of messages that are in queue to be sent or have not yet been sent and to mask and securely store your masked messages sent or received through the PULL APP Message Feature and messages analyzed by the PULL APP Analytics Feature in order to provide and use the Service.
C. You expressly acknowledge and agree that in order to provide the Service, PULL APP stores the content of messages sent or received through the PULL APP Share Feature. You hereby give your express consent to PULL APP to securely store your messages sent or received through the PULL APP Share Feature in order to provide and use the Service.
3. PULL APP Access
A. Subject to your compliance with these Terms of Service, PULL APP hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without PULL APP's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide PULL APP with your mobile phone number which is collected when PULL APP is installed on your device. You expressly acknowledge and agree that in order to provide the Service, PULL APP may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of others in your contact list and/or address book. You hereby give your express consent to PULL APP to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. You acknowledge and agree that in order to provide the Service, PULL APP collects your name, Facebook ID, city, relationship status, date of birth, gender, Android version, device model and your interactions within the PULL APP interface which only includes button clicks. You must notify PULL APP immediately of any breach of security or unauthorized use of your mobile phone. Although PULL APP will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PULL APP or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the PULL APP servers in a given period of time than a human can reasonably produce in the same period by using a PULL APP application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, PULL APP grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PULL APP reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by PULL APP clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the PULL APP Service along with PULL APP created text, scripts, graphics, interactive features and the like, and logos are owned by or licensed to PULL APP, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. PULL APP reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.
5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PULL APP SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PULL APP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. PULL APP 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 PULL APP SERVICE. PULL APP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PULL APP SERVICE OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND PULL APP 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 PULL APP, 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 PULL APP 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 PULL APP SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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 PULL APP from its facilities in the United States of America. PULL APP makes no representations that the PULL APP Service is appropriate or available for use in other locations. Those who access or use the PULL APP Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
7. Indemnity
You agree to defend, indemnify and hold harmless PULL APP, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the PULL APP Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the PULL APP Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
8. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the PULL APP Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the PULL APP Service. You further represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties. PULL APP is the developer of the Service, with an address at 338 E 5TH STREET 2, NEW YORK, NEW YORK, 10003, info at Thepullapp.com.
9. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PULL APP without restriction.
10. General
You agree that: (i) the PULL APP Service shall be deemed solely based in New York, New York; (ii) the PULL APP Service shall be deemed a passive server that does not give rise to personal jurisdiction over PULL APP, either specific or general, in jurisdictions other than New York; and (iii) that you agree to subject to the jurisdiction of New York in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and PULL APP that arises in whole or in part from the PULL APP Service shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Service, together with the Privacy Policy at https://thepullapp.com/legal/#Privacy and any other legal notices published by PULL APP, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and PULL APP concerning the PULL APP Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and PULL APP's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. PULL APP reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the PULL APP Service. Your continued use of the PULL APP Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PULL APP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PULL APP SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: October 16, 2014
Privacy Policy
PULL APP CORP. ("PULL APP") recognizes that its customers, visitors and users, want to know the PULL APP Privacy Policy. PULL APP provides this Privacy Policy to help you make an informed decision about whether to use or continue using the PULL APP Site, PULL APP Software and/or the PULL APP Service. If you do not agree to our practices, please do not use the PULL APP Site, PULL APP Software or PULL APP Service.
This Privacy Policy is incorporated into and is subject to the PULL APP Terms of Service. Your use of the PULL APP Site, PULL APP Software and the PULL APP Service and any personal information you provide on the PULL APP Site or PULL APP Service remains subject to the terms of this Privacy Policy and our Terms of Service.
What Does This Privacy Policy Cover?
This Privacy Policy is part of PULL APP’s Terms of Service and covers the treatment ofuser information, including personally identifying information, message information and message content obtained by PULL APP, including information obtained when you access the PULL APP’s Site, use the PULL APP Service or any other software provided by PULL APP.
This Privacy Policy does not apply to the practices of companies that PULL APP does not own or control, or to individuals whom PULL APP does not employ or manage, including any of the third parties to which PULL APP may disclose user information as set forth in this Privacy Policy.
The Information PULL APP Collects
PULL APP may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
Personally Identifying Information:
You provide certain Personally Identifiable Information, such as your mobile phone number, name, Facebook ID, city, relationship status, date of birth, gender and mobile device information to PULL APP when choosing to register as a user of the PULL APP Service. In order to provide the PULL APP Service, PULL APP will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of others in your contact list or address book.
Message Information Collected by PULL APP Analytics Feature:
When you use the PULL APP Analytics Feature to analyze messages, you provide certain message information such as your mobile phone number, recipient mobile phone number, time stamp, date stamp, number of characters and emoticons.
Message Content Collected by PULL APP Share Feature:
When you use the PULL APP Share Feature to share messages, you provide message content which is securely saved on our servers. Messages are stored to ensure the functionality of the PULL APP Share Feature and cannot be accessed by any third parties.
Cookies Information:
When you visit the PULL APP Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. PULL APP uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the PULL APP Site may not function properly if the ability to accept cookies is disabled.
Log File Information:
When you use the PULL APP Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the PULL APP Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
The Information PULL APP Does Not Collect
PULL APP does not collect emails, addresses or other contact information from its users’ mobile address book or contact lists other than name and mobile phone numbers—the PULL APP mobile application will associate whatever name the PULL APP user has assigned to the mobile telephone number in his/her mobile address book or contact list. This means that if you have your friend’s mobile phone number associated with the name “John from Tinder” in your mobile address book, that’s the name that will appear for that mobile phone number in your PULL APP contact list.
The contents of messages (with exception to messages shared by the PULL APP Share Feature) that have been delivered or analyzed by the PULL APP Message Feature or the PULL APP Analytics Feature are masked and stored securely by PULL APP. When a user sends a new message or receives a message via the PULL APP Message Feature or analyzes a message via the PULL APP Analytics Feature, the message is sent to our servers via secure data service. Once a message has been delivered, the content of the message is permanently masked and no longer resides on our servers. The contents of any delivered messages are not kept or retained by PULL APP — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option).
When a user shares a message via the PULL APP Share Feature, the message is sent to our servers via secure data service. In order to provide the PULL APP Service, the content of the message shared via the PULL APP Share Feature is saved securely on our servers. The contents of messages shared via the PULL APP Share Feature are not shared with any third party service provider and are not used in any other way besides to operate, maintain, and provide to you the functionality of the PULL APP Share Feature.
Notwithstanding the above, PULL APP retains date, time stamp and length of message information associated with successfully delivered messages, comments, graphed messages and the mobile phone numbers involved in the messages and comments, as well as any other information which PULL APP is legally compelled to collect.
The Way PULL APP Uses Information
If you submit Personally Identifiable Information, Message Information or Message Content to us through the PULL APP Site, or PULL APP Service, then we use your personal information, message information and message content to operate, maintain, and provide to you the features and functionality of the PULL APP Site and PULL APP Service. In particular, your mobile phone number is essential to your use of the PULL APP Service and will be retained. Any Personally Identifiable Information that you voluntarily disclose on the PULL APP Service becomes publicly available and may be collected and used by other users of the PULL APP Service (unless such user is blocked by you). Your name (as it is saved in other user's mobile phone address book or contact list) may be displayed to other users when you send messages through the PULL APP Service and other users may contact you through SMS or PULL APP Service. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number without further consent for non-marketing or administrative purposes (such as notifying you of major PULL APP Site or PULL APP Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the PULL APP Site and PULL APP Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the PULL APP Service or PULL APP Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.
Your Choices
You may, of course, decline to submit Personally Identifiable Information through the PULL APP Site or the PULL APP Service, in which case PULL APP may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please uninstall the PULL APP mobile application and discontinue use of the PULL APP Service; your continued usage of the PULL APP Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. Please contact PULL APP via email with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.
Our Commitment To Data Security
PULL APP uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information, message information and message content. We cannot, however, ensure or warrant the security of any information you transmit to PULL APP and you do so at your own risk. Once we receive your transmission of information, PULL APP 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 PULL APP learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. PULL APP may post a notice on the PULL APP Site or through the PULL APP Service if a security breach occurs.
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason, PULL APP does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the PULL APP Site or PULL APP Service from persons under 16 years of age, and no part of the PULL APP Service is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the PULL APP Service or access the PULL APP Site at any time or in any manner. If PULL APP learns that Personally Identifiable Information of persons under 16 years of age has been collected on the PULL APP Site or PULL APP Service, then PULL APP may deactivate the account and/or make the status submissions inaccessible. And always, think of the children!
Special Note to International Users
The PULL APP 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 PULL APP 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 PULL APP Site and Service, which are governed by New York 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 New York law for these purposes.
In the Event of Merger, Sale, or Bankruptcy
In the event that PULL APP is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the PULL APP Site and PULL APP Service constitutes your agreement to this Privacy Policy and any amendments.
Last updated: October 16, 2014