Here is our Terms of Service. It's important to you and it's important to us.
Posted February 1st, 2016
Feed inc., (Feed) maker of the Sesame app, takes your privacy and your data very seriously, so we encourage you to read this Terms of Service Agreement (“Agreement”) as it contains information that is very important to you. Much of the data you share will be shared according to your own terms. These are Feed’s terms. They are intended to facilitate a secure, trusted and positive experience for all Feed registered users.
Please read the following terms of service agreement before you install the Feed Sesame Messenger mobile application or use any of the products or services we provide through our client application, server software or website (all of which are referred to collectively herein as the “Feed Technologies”). The Feed Technologies are owned, licensed and operated by Feed, Inc. (referred to herein as “we,” “us,” “our,” or “Feed”), which has developed applications and services for use in connection with a variety of devices and platforms. The terms of service constitute a binding legal agreement, which govern your use of the Feed Technologies via any platform or device. By installing the Feed application, visiting our website or installing or using any of the Feed Technologies, you are accepting these terms of service. If you do not agree to these terms, please do not install our application, access our website or use any of our products or services.
If you have questions or concerns regarding this Agreement, you should contact us at Sesame Support. Alternatively, you may contact us at:
535 Mission St
San Francisco, CA 94105
THE FEED SERVICE
The Feed Sesame Messenger mobile app provides a secure, encrypted messaging service to its users. The Feed Technologies incorporated in the Sesame Messenger enable our users to create a Sesame Personal Data Asset (PDA) from data and information curated by each user’s individually registered “Personal Sesame Agent” (“Sesame Agent"). These Personal Agents (also referred to in Sesame literature and tutorials as Personal Cognitive Agentstm, Personal Sesame Agentstm, Cognitive Personal Agentstm, Sesame Cognitive Agentstm, Cognitive Sesame Agentstm, Cognitive Agentstm, Sesame Agentstm) are software programs, owned by Feed. They are individually licensed to each registered user pursuant to the terms below. Private User Data, which is created by users interacting with their respective Sesame Personal Cognitive Agentstm and the Personal Agent interacting with other users' agents and other Feed Technologies, remains the exclusive property of the individual user. Such Private User Data is collected by individually licensed Sesame Agentstm that are owned by Feed and stored in databases maintained by Feed on computer servers and storage devices controlled by Feed and maintained in data centers located in the United States in order to provide necessary services to Sesame users. Personal User Data remains the exclusive property of the user, and message content is always sent and stored encrypted. Messages are encrypted before leaving the user’s device. (Optional Message ‘Headers’ that detail the ‘Topic’ of a Message Thread, are unencrypted and are only input at the user’s sole discretion).
Feed may operate computer servers and storage devices in countries other than the United States to better serve users outside the United States. Sesame users will be able to determine when any of their personal data is stored or processed on servers outside the United States. Sesame users will not be able to identify data storage locations beyond the country level for security reasons. Sesame users may chose to license some of their personal data to Feed in order for Feed to provide them with specific added value services and in consideration of users sharing in revenues generated by such services, and other monetization services provided on behalf of individual and aggregate populations of users who elect to opt-in to such services per the terms set forth in this Agreement and service-specific agreements that may be required in the future to support such services.
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, personal, nontransferable, noncommercial right and license to: (1) download and use a copy of the Sesame Messenger application; (2) view and use the Feed Technologies, including, without limitation, the products and services made available on or through the Sesame Messenger application on websites maintained by Feed; and (3) use the services of a Personal Sesame Agents supporting Sesame application services.
No other right or license of any kind, including any right to sublicense any Feed Technology, is granted to you hereunder with respect to the Feed Technologies. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right, except as expressly provided herein. If you want to make commercial use of any of the Feed Technologies, you must enter into a separate written agreement with us in advance. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the terms and conditions of this Agreement. You agree that, upon such termination Feed has the exclusive and absolute right to delete Feed Technologies it owns that may be resident on your mobile devices . You also absolutely agree that you will destroy or permanently erase all copies of the Feed Technologies that Feed does not remove from your devices.
OWNERSHIP OF FEED TECHNOLOGIES
The Feed Technologies, including, but not limited to, the Sesame Messenger application, the Sesame and other Feed Personal Agents and digital assistants, the Feed server technology and software, and all other programs, text, graphics, files and other content are owned and copyrighted by Feed and its licensors, and are protected worldwide. Subject to your rights to your User Data as provided herein, we retain all right, title and interest in and to the Feed Technologies and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks (including without limitation Feed, and the Feed logo), service marks, trade secrets and other intellectual property rights, any derivative work of the Feed Technologies, and any Update, and any copies thereof, regardless of the form or media in or on which the original or other copies may subsequently exist. For purposes of this Agreement, “Update” shall mean any modification, error correction, bug fix, new release, upgrade, patch or other update to or for the Sesame Messenger application. You agree to take any action reasonably requested by us to evidence, maintain, enforce or defend the foregoing. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Feed Technologies, or any derivative work or Update. This license is not a sale of the original or any backup copy. All rights are reserved unless otherwise noted.
Each user sets certain terms and conditions with its Personal Sesame Agent which governs the Sesame Agent’s interactions with other agents and the information that such Personal Agent shares with, or sends to, other agents through the Feed Technologies. Your access to and use of the Feed Technologies, as well as the terms and conditions that you set for your Personal Agent, is subject to this Agreement and all applicable laws and regulations. You may not, and you may not instruct your Personal Agent to: (1) modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Feed Technologies, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Sesame Messenger application or any portion thereof; (2) distribute, license, transfer, or sell, in whole or in part, any of the Feed Technologies or any derivative works thereof; (3) market, rent or lease the Feed Technologies for a fee or charge, or use the Feed Technologies to advertise or perform any commercial solicitation; (4) use the Feed Technologies to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (5) interfere with or attempt to interfere with the proper working of the Feed Technologies or any other activities conducted by us, disrupt our website or any networks connected to the Feed Technologies, or bypass any measures we may use to prevent or restrict access to the Feed Technologies; (6) exploit the Feed Technologies in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity; (7) use any robot, spider, scraper, or other automated means to access our website for any purpose without our prior written permission; (8) use the Feed Technologies to collect or harvest personal information about other users of the Feed Technologies; (9) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (10) use our secure messaging system to send any content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. Feed reserves exclusive authority to determine what, if any, content is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. Feed also reserves the exclusive right to establish one or more panels, boards or committees of domain experts, users, and other individuals and representatives of groups or organizations that Feed, at its sole discretion, determines to be qualified to advise Feed about such matters. Feed reserves the sole, exclusive and absolute authority to make decisions regarding content it determines to remove. You absolutely agree to never, under any circumstances, attempt to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; to never use the Feed Technologies, or any other services, products, or downloads available in connection with the Feed Technologies for illegal purposes; to never represent that you are the owner of any of the Feed Technologies, including any of its individual files, drawings or documentation; to never remove or alter any proprietary notices, labels, marks or identifying information of any kind on the Feed Technologies; to never incorporate the Feed Technologies or any portion thereof into any other program or product without our permission; to never use the Feed Technologies for any purpose other than in accordance with the terms and conditions of this Agreement; and to never copy or reproduce, in any form or by any means, any part of the Feed Technologies. We reserve the right to refuse service, terminate accounts or limit access to the Feed Technologies in our sole discretion. We reserve the right to contact appropriate law enforcement authorities and to cooperate with said law enforcement authorities to enforce our rights or if we believe our services are being misused, abused, or used to harm Feed, the Feed Technologies, Feed employees, authorized Feed Technology users, or other persons or property.
INFORMATION YOU PROVIDE
THE SESAME MESSENGER SERVICE, AND THE FEED TECHNOLOGIES SUPPORTING IT, INCLUDING SESAME PERSONAL AGENTS TECHNOLOGY LICENSED EXCLUSIVELY TO YOU EXIST TO HELP YOU CREATE YOU OWN PERSONAL DATA ASSET. YOU WILL BE THE EXCLUSIVE AND SOLE OWNER OF THIS PERSONAL ASSET. IT INCREASE IN VALUE EVERY TIME YOUR SESAME AGENT INTERACTS WITH YOU, OTHER USERS' AGENTS, AND OTHER NETWORK RESOURCES IT WILL DISCOVER AND USE ON YOUR BEHALF. IT’S VERY IMPORTANT THAT YOU PROTECT IT.
ALLOWING ANY OTHER PERSON TO KNOW YOUR SESAME PASSWORD OR PASSPHRASE WILL THREATEN THE INTEGRITY OF YOUR PERSONAL DATA ASSET AND CAN DESTROY ITS VALUE.
If you choose to create a user account, you are responsible for maintaining the confidentiality of your account, password and personal passphrase and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password or passphrase, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, Registration Data or passwords, as the case may be. We reserve the right to refuse service and/or terminate user accounts in our sole discretion.
If you choose to send us any message, feedback or data, including, but not limited to, any ideas, comments, suggestions or questions regarding any product or service, such information shall be deemed to be non-confidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how or techniques. While we have to reserve the aforementioned rights to protect Feed from frivolous claims, if your idea really is good and we can verify that it really is your idea and not someone else’s, we may want to get in touch with you and talk about it, but you understand and agree that we are not obligated to do so.
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
Notification of Infringement. It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof and you believe that any material on the Feed Technologies infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the information specified by the DMCA. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability and Feed will aggressively prosecute frivolous claims and scams.
You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or email as set forth below.
Counter-notification. If we remove or disable access to such material on the Feed Technologies in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide us with a counter-notification by written communication to our Designated Copyright Agent (as listed below) that sets forth all the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.
Designated Copyright Agent. Our Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
Attn: Michael Dell
Shartsis Friese LLP
One Maritime Plaza, #1800
San Francisco, California 94111
For clarity, only DMCA notices should go to our Designated Copyright Agent. Any other feedback, comments, requests for technical support, or other communications should be directed to our customer service department. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
THIRD PARTY WEBSITES, SOFTWARE AND SERVICES
The content, products and services available via the Feed Technologies may include materials from non-affiliated third parties. We may also participate in joint marketing and other service offerings with third parties and our website may contain links to third-party sites. Any third party links are provided for your convenience only. We do not control, and are not responsible for, the content of, or products or services available through, any third-party websites. We are not responsible for examining or evaluating any third-party content. You understand and agree that we do not warrant and shall not be liable for any third-party materials or websites. You also agree that you will not use any third-party content or materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Feed used herein are trademarks or registered trademarks of Feed. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
DISCLAIMER OF WARRANTIES
Reasonable efforts are taken to improve the accuracy and integrity of the Feed Technologies, but we are not responsible for mistakes, out-of-date information, inaccuracies, typographical or other errors. Notwithstanding any other provision of this Agreement, we reserve the right to change, suspend, remove, or disable access to any of the Feed Technologies, content, or other materials comprising a part of the Feed Technologies at any time without notice. In no event will we be liable for making these changes. We do not warrant, and will not have any liability or responsibility for, your use of Feed or the products or services we provide. We may also impose limits on the use of or access to certain features or portions of the Feed Technologies, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
THE FEED TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION, OUR APPLICATION, SOFTWARE, PRODUCTS, SERVICES AND WEBSITE) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE FEED TECHNOLOGIES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE FEED TECHNOLOGIES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE FEED TECHNOLOGIES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE FEED TECHNOLOGIES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE FEED TECHNOLOGIES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE FEED TECHNOLOGIES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE FEED TECHNOLOGIES WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
YOUR USE OF THE FEED TECHNOLOGIES IS AT YOUR OWN RISK. NEITHER FEED, INC. NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE FEED TECHNOLOGIES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree, at your own expense, to indemnify, defend and hold harmless Feed, Inc., its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of this Agreement, your use of the Feed Technologies, or any of your other acts or omissions.
GOVERNING LAW AND JURISDICTION
This Agreement and your use of the Feed Technologies are governed by the laws of the State of California, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located within San Francisco, California, will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to this Agreement or the Feed Technologies.
This Agreement is effective unless and until terminated as expressly provided herein. We may terminate this Agreement at any time and may do so immediately without notice, without any liability to you, and accordingly deny you access to the Feed Technologies, in our sole discretion, if you have failed or we suspect you have failed to comply with any term or provision of this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from us, as well as all copies of such materials. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not release you from any liability for breach of your obligations under this Agreement.
Upon termination, we will store, and will provide you with access to, your User Data for 30 days. Following such 30 day period, we will have no obligation to save any such data.
This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without our prior written consent. Subject to the preceding sentence, the rights and liabilities of the parties hereto is binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void.
If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this Agreement and all past courses of dealing or industry custom. No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized signatory of Feed and you.
The Feed Technologies include encryption technology that is or may be specifically controlled for export by the United States government. As a result, you may not use, export, re-export, import or transfer the Feed Technologies except as authorized by United States law, the laws of the jurisdiction in which you obtained the Feed Technologies, and any other applicable laws. In particular, but without limitation, the Feed Technologies may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Feed Technologies, you represent and warrant that you are not located in any such country or on any such list. You also may not use the Feed Technologies for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
We reserve the right to limit, in our sole discretion, the availability of the Feed Technologies or any portion thereof, to any person, geographic area, or jurisdiction, at any time.
The Feed Technologies may be accessed from countries other than the United States. We control and operate the Feed Technologies from offices located in the United States and all servers that make it available currently reside in the United States. While we anticipate conducting operations from offices located in locations outside the United States, we make no representations or warranties that the Feed Technologies are appropriate for use or access in other locations. If you access and use the Feed Technologies outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable.
U.S. GOVERNMENT RESTRICTED RIGHTS
If this product is acquired under the terms of a government contract, use, duplication and disclosure are subject to the terms of this license and the following restrictions: subdivision (c)(1)(ii) of the Rights in Technical data and Computer Software clause at 252.227-7013 (DOD contracts); subdivisions (a) through (d) of 52.227-19 (Civilian agency contracts); and the applicable ADP Schedule Contract (GSA contracts).
ACCESS BY CHILDREN
If you create a user account or send emails to us, you consent to receive communications from us electronically. We will communicate with you by email, or by Sesame message. or by posting notices on an appropriate Feed Technologies website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Feed Technologies, about any of our products or services, or for such other purposes as we deem appropriate.
REVISIONS TO AGREEMENT
We may, at any time, and without notice, revise this Agreement. If we modify this Agreement, we will post the modification on our website, through the Feed Technologies, or otherwise provide you with notice of the modification. Prior to each usage of the Feed Technologies, you should review the Terms of Service to determine the current Agreement to which you are bound. For your convenience, we include the effective date of the Agreement at the beginning of the document, so that you can easily ascertain whether it has been updated since the last time you viewed the Terms of Service. Your continued use of the Feed Technologies constitutes acceptance of this Agreement at the time of each use. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Feed Technologies. Notwithstanding the preceding sentences of this paragraph, no revisions to the Terms of Service will apply to any dispute between you and Feed that arose prior to the date of such revision. These Terms of Service may only be modified in writing as set forth in this paragraph, and may not be modified orally.
To effectively communicate, we must realize that we are all different in the way we perceive the world and use this understanding as a guide to our communication with others.