Terms and conditions
These Terms and Conditions govern your use of Totemle and the products, features, apps, services, technologies, and software we offer (the Totemle Products or Products), except where we expressly state that separate terms, other than these, apply.
Totemle and Totemle Products is a service operated by NOISY GUYS S.R.L. with the headquarters in Cluj-Napoca, 7th Cernei Street, flat 39, Cluj CUI 38999346, Reg. Com. J12/897/2018, a Romanian company, and for better understanding of the following, the terms used will be Totemle, Totemle Products or Products.
1. Our Services
Our goal is to give our users the opportunity to build a community powered by the same interests for sports, and bring them together.
Our services are composed of:
In the section below, we explain the Products and Services terms and conditions.
Provide a personalized experience for you:
Your experience on Totemle will be best on social media. We use the data we have - for example, the connections you make, the choices and settings you select, what you share and how you use our Products - to personalize your experience. Throughout, your privacy is fully protected.
Connect you with people and organizations you care about:
We help you find and connect with people, groups, businesses, organizations, and others that matter to you through the Totemle Products you use. We use the data we have to make suggestions for you and others.
Empower you to express yourself:
There are many ways to express yourself on Totemle and to communicate with friends. We also are developing and continuing to explore new ways for people to use technology.
Help you discover content, products, and services that may interest you:
We show you ads, offers, and other sponsored content to help you discover information, products, and services that are offered by the many businesses and organizations that use Totemle and other Totemle Products. Our partners pay us to show their content to you, and we design our services so that the sponsored items you see are as relevant and useful to you as everything else you see on our Products.
Combat harmful conduct and protect and support our community:
Safety is very important to us. We employ dedicated teams and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we observe any unusual behaviour, we will take appropriate action (offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement).
Research ways to make our services better:
We engage in research and collaborate with others to improve our Products. One way we do this is by analysing the data we have and understanding how people use our Products.
Enable global access to our services:
To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence.
2. Our Data Policy and Your Privacy Choices
We collect and use your personal data in order to provide the services described above to you.
What information do we collect?
To provide the Totemle Product, we must process information about you. The types of information we collect depend on how you use our Products. You can learn how to access and delete information we collect by visiting the Totemle Settings.
Things you and others do and provide.
Information and content you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content, and message or otherwise communicate with others. This can include information in or about the content you provide (metadata), such as the location of a photo or the date a file was created. It can also include what you see through features we provide, such as our camera, so we can do things like suggest masks and filters that you might like, or give you tips on using portrait mode. Our systems automatically process content and communications that you and others provide to analyze contexts and what's in them for the purposes described below.
Data with special protections: In your Totemle profile fields or Life Events, you can choose to provide information about your religious views, political views, who you are "interested in," sports, etc. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) is subject to special protections under EU law.
Networks and connections. We collect information about the people, Pages, accounts, hashtags and groups you are connected to and how you interact with them across our Products, including people you communicate with the most, or groups you belong to. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things like helping you and others find people you may know, as well as for other purposes.
Your usage. We collect information about how you use our Product, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what posts, videos and other content you view on our Products.
Information about transactions made on our Products. If you use our Products for purchases or other financial transactions, we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details.
Things others do and information they provide about you. We also receive and analyze content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo from you, send a message to you, or upload, sync or import your contact information.
As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use. For example, we use information collected about your use of our Products on your phone to better personalize the content (including ads) or features you see when you use our Products on another device, such as your laptop or tablet, or to assess whether you took action on a different device in response to an ad we showed you on your phone,
Information we obtain from these devices includes:
Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to Totemle Company Products, which are associated with the same device or account).
Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network.
Cookie data: data from cookies stored on your device, including cookie IDs and settings.
Security, site and product integrity
Advertising, recommendations, insights and measurement
Cookies help us serve and measure ads across different browsers and devices used by the same person.
Cookies allow us to provide insights about the people who use Totemle Products, as well as those who interact with the ads, websites, and apps of our advertisers and the businesses that use Totemle Products.
Site features and services
Analytics and research
We may place cookies on your computer or device, and receive information stored in cookies, when you use or visit the following:
The Totemle Products;
If you have a Totemle Account:
You can use your ad preferences to learn why you’re seeing a particular ad and control how we use information we collect to show you ads.
To show you better ads, we use data that advertisers and other partners provide us with, about your activity off Totemle Company Products, including websites and apps. You can control whether we use this data to show you ads in your ad settings.
The Totemle Audience Network is a way for advertisers to show you ads in apps and websites off the Totemle Products. One of the ways Audience Network shows relevant ads is by using your ad preferences to determine which ads you may be interested in seeing. You can control this in your ad settings.
Everyone can opt out of seeing online interest-based ads from Totemle and other participating companies through the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada, or the European Interactive Digital Advertising Alliance in Europe, or through your mobile device settings. Please note ad blockers and tools that restrict our cookie use may interfere with these controls..
More information about online advertising:
Digital Advertising Alliance
Digital Advertising Alliance of Canada
European Interactive Digital Advertising Alliance
Browser cookie controls:
In addition, your browser or device may offer settings that allow you to choose whether browser cookies are set, and to delete them if you wish. For more information about these controls, visit your browser or device's help material. Certain parts of the Totemle Products may not work properly if you have disabled browser cookie use.
Information from partners.
Advertisers, app developers, and publishers can send us information through the Totemle Business Tools that they use. These partners provide information about your activities off Totemle—including information about your device, websites you visit, purchases you make, the ads you see, and how you use their services—whether or not you have a Totemle account or are logged into Totemle. We also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information.
Partners receive your data when you visit or use their services, or through third parties they work with. We require each of these partners to have lawful rights to collect, use, and share your data before providing us with any data.
How do we use this information?
We use the information we have (subject to choices you make) as described below, and to provide and support the Totemle Products and related services described in the Totemle Terms Here's how:
Provide, personalize and improve our Products.
We use the information we have to deliver our Products, including personalizing features and content and making suggestions for you on and off our Products. To create personalized Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you, and from others (including any data with special protections you choose to provide, where you have given your explicit consent). We utilize information on how you use and interact with our Products, and the people, places, or things you're connected to and interested in on and off our Products. Learn more about how we use information about you to personalize your Totemle experience, including features, content and recommendations in Totemle Products; you can also learn more about how we choose the ads that you see.
Information across Totemle Products and devices: We connect information about your activities on different Totemle Products and devices to provide a more tailored and consistent experience on all Totemle Products you use, wherever you use them. We can also make your experience more seamless, for example, by automatically filling in your registration information from one Totemle Product when you sign up for an account on a different Product.
Location-related information: We use- location-related information such as your current location, where you live, the places you like to go, and the businesses and people you're near to, to provide, personalize and improve our Products, including ads , for both you and others. Location-related information can be based on things like precise device location (if you've allowed us to collect it), IP addresses, and information from your and others' use of Totemle Products.
Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.
Face recognition: If you have it turned on, we use face recognition technology to recognize you in photos, videos and camera experiences. The face-recognition templates we create are data with special protections under EU law. Learn more about how we use face recognition technology, or control our use of this technology in Totemle Settings.
Ads and other sponsored content: We use the information we have about you, including information about your interests, actions and connections, to select and personalize ads, offers and other sponsored content that we show you. Learn more about how we select and personalize ads, and your choices over the data we use to select ads and other sponsored content for you in the Totemle Settings.
Provide measurement, analytics, and other business services.
We use the information we have (including your activity off our Product, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps, and services.
Promote safety, integrity and security.
We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of Totemle Products.
Communicate with you.
We use the information we have to send you marketing communications, communicate with you about our Products, and let you know about our policies and terms. We also use your information to respond to you when you contact us.
How is this information shared?
Your information is shared with others in the following ways:
Sharing on Totemle
People and accounts you share and communicate with.
When you share and communicate using our Products, you choose the audience for what you share. For example, when you post on Totemle, you select the audience for the post, such as a group, all of your friends, the public, or a customized list of people. Similarly, when you use our Products to communicate with people or businesses, those people and businesses can see the content you send. Your network can also see actions you have taken on our Products, including engagement with ads and sponsored content. We also let other accounts see who has viewed their Totemle Stories.
Public information can be seen by anyone, on or off our Products, even if they don't have an account. This includes any information you share with a public audience; information in your public profile on Totemle, and content you share on a Totemle Page, or any other public forum, such as Totemle Marketplace. Together with you, and other people using Totemle, we can provide access to or send public information to anyone on or off our Products. This includes other Totemle Company Products, search results, or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products.
Learn more about what information is public and how to control your visibility on Totemle.
Content others share or reshare about you
You should consider who you choose to share with, because people who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot, or reshare that content with others across or off our Products, either in person or in virtual reality experiences such as Totemle Spaces. Also, when you comment on someone else's post or react to their content, your comment or reaction is visible to anyone who can see the other person's content, and that person can change the audience later.
People can also use our Products to create and share content about you with the audience they choose. People can share a photo of you in a Story, mention or tag you at a location in a post, or share information about you in their posts or messages.
Information about your active status or presence on our Products.
People in your networks can see signals telling them whether you are active on our Products.
Apps, websites, and third-party integrations on or while using our Products.
When you choose to use third-party apps, websites, or other services that use, or are integrated with, our Products, they can receive information about what you post or share. Also, when you download or use such third-party services, they can access your public profile on Totemle, and any information that you share with them. Apps and websites you use may receive your list of Totemle friends if you choose to share it with them. But apps and websites you use will not be able to receive any other information about your Totemle friends from you. Information collected by these third-party services is subject to their own terms and policies, not this one.
Devices and operating systems providing native versions of Totemle (i.e. where we have not developed our own first-party apps) will have access to all information you choose to share with them, including information your friends share with you, so they can provide our core functionality to you.
If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner.
Sharing with Third-Party Partners
We work with third-party partners who help us provide and improve our Products, or who use Totemle Business Tools to develop their businesses, which makes it possible to operate our companies and provide free services to people around the world. We don't sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties we share information with:
Partners who use our analytics services.
We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their posts, listings, Pages, videos and other content on and off the Totemle Products
We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you, or identifies who you are), unless you give us permission. We only provide general demographic and interest information to advertisers to help them better understand their audience. We also confirm which Totemle ads led you to make a purchase or take an action with an advertiser.
We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.
Partners offering goods and services in our Products.
When you subscribe to receive premium content, or buy something from a seller in our Products, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details.
Vendors and service providers.
We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments or conducting surveys.
Researchers and academics.
We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that supports our business or mission, and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being.
Law enforcement or legal requests.
We share information with law enforcement authorities, or in response to legal requests in the circumstances outlined below.
Learn more about how you can control the information about you that you or others share with third-party partners in the Totemle Settings.
What is our legal basis for processing data?
We collect, use and share the data that we have in the ways described above,
as necessary to fulfill our Totemle Terms of Service;
consistent with your consent, which you may revoke at any time through the Totemle Settings;
as necessary to comply with our legal obligations;
to protect your vital interests, or those of others;
as necessary in the public interest, and
as necessary for our (or others') legitimate interests, including our interests in providing an innovative, personalized, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.
Under European law, companies must have a legal basis to process data. You have particular rights available to you depending on which legal basis we use, and we've explained these below. You should know that no matter what legal basis applies, you always have the right to request access to, rectification of, and erasure of your data under the General Data Protection Regulation (the ‘GDPR’). To exercise your rights, visit the Totemle Settings
For all people who have legal capacity to enter into an enforceable contract, we process data as necessary to perform our contracts with you (the Totemle Terms). We describe the contractual services for which this data processing is necessary in the “Our Services” section of the Terms, and in the additional informational resources accessible from the Terms. The core data uses which are necessary to provide our contractual services are:
To provide, personalize, and improve our Totemle Products,
To promote safety, integrity, and security,
To transfer, transmit, store, or process your data outside the EEA, including within Romania and other countries;
To communicate with you, for example, on Product-related issues, and
To provide consistent and seamless experiences across the Totemle Company Products.
These uses are explained in more detail in our Data Policy, under “How do we use this information?”, “How do we operate and transfer data as part of our global services?” and “How do the Totemle Companies work together?” We’ll use the data we have to provide these services; if you choose not to provide certain data, the quality of your experience using the Totemle Products may be impacted.
When we process data you provide as is necessary to perform our contracts with you, you have the right to port it under the GDPR. To exercise your rights, visit the Totemle Settings.
The other legal bases we rely on in certain instances when processing your data are:
Your Consent for:
Processing data with special protections (such as your religious views, political views, who you are “interested in,” or your health, if you share this information in your Totemle profile fields or Life Events), so we can share with those you choose and personalise your content.
Using facial recognition technology.
Using data that advertisers and other partners provide us with about your activity off Totemle Company Products, so we can personalise ads we show you on Totemle Company Products, and on websites, apps, and devices that use our advertising services.
Sharing data that personally identifies you (information such as your name or email address, that by itself can be used to contact you or identifies who you are) with advertisers, such as when you direct us to share your contact information with an advertiser so they can contact you, for example with additional information about a promoted product or service.
Collecting information you allow us to receive through the device-based settings you enable (such as access to your GPS location, camera or photos), so we can provide the features and services described when you enable the settings.
When we process data you provide us with, based on your consent, you have the right to withdraw your consent at any time and to port that data you provide, under the GDPR. To exercise your rights, visit the Totemle Settings.
Our legitimate interests or the legitimate interests of a third party, where not outweighed by your interests or fundamental rights and freedoms:
For people under the age of majority (under 18, in most EU countries) who have a limited ability to enter into an enforceable contract, we may be unable to process personal data on the grounds of contractual necessity. Nevertheless, when such a person uses our Services, it is in our legitimate interest to:
Provide, personalize, and improve the Totemle Products. For people under their Member State’s age of consent we modify our Totemle Products to ensure special protections, and add some restricting features regarding the data used to select advertising. This includes processing information that people under the age of consent allow us to receive through device-based settings they enable, to provide the features and services covered by those settings.
Promote safety, integrity and security, including through the use of tools focused specifically on threats to people under the age of majority; and
Provide non-marketing communications for product or customer service-related issues.
The legitimate interests we rely on for this processing are:
To create, provide, support and maintain innovative products and features that enable people under the age of majority to engage with information and communities relevant to their interests, build community, and utilize tools and features that promote their well-being.
To secure our platform and network, to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, keep the Totemle Company Products free of harmful or inappropriate content, and investigate suspicious activity or violations of our terms or policies; and to protect the safety of people under the age of majority, including prevention of exploitation or other harm to which such individuals may be particularly vulnerable.
For the attention of all people, including those under the age of majority:
Totemle is forbidden for people under the age of majority.
Compliance with a legal obligation:
For processing data when the law requires it, including, for example, if there is a valid legal request for certain data. See our Data Policy, under "How do we respond to legal requests or prevent harm?" for more information.
Protection of your vital interests or those of another person:
The vital interests we rely on for this processing include protection of your life and physical integrity and that of others, and we rely on them to combat harmful conduct and promote safety and security.
Tasks carried out in the public interest:
For undertaking research for social good and to promote safety, integrity and security, as described in our Data Policy, under, “How we do use this information?”, where this is necessary in the public interest as laid down by Romanian law.
When we process your data as necessary for a task carried out in the public interest, you have the right to object to, and seek restriction of, our processing. To exercise your rights, visit the Totemle Settings. In evaluating an objection, we'll evaluate several factors, including the following: reasonable user expectations; the benefits and risks to you and third parties; other available means to achieve the same result that may be less invasive and do not require disproportionate effort.
Objections made by you will be upheld and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
How can you exercise your rights provided under the GDPR?
Under the General Data Protection Regulation, you have the right to access, rectify, port and erase your data. Learn more about these rights, and find out how you can exercise your rights in the Totemle Settings . You also have the right to object to and restrict certain processing of your data. This includes:
the right to object to our processing of your data for direct marketing, which you can exercise by using the "unsubscribe" link in such marketing communications; and,
the right to object to our processing of your data where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party. You can exercise this right on Totemle.
Data retention, account deactivation and deletion
We store data until it is no longer necessary to provide our services and Totemle Products, or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. For example, when you search for something on Totemle, you can access and delete that query from within your search history at any time, but the log of that search is deleted after 6 months. If you submit a copy of your government-issued ID for account verification purposes, we delete that copy 30 days after submission.
When you delete your account, we delete what you have posted, such as your photos and status updates, and you won't be able to recover that information later. Information that others have shared about you isn't part of your account and won't be deleted. If you don't want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. To delete your account at any time, please visit the Totemle Settings.
How do we respond to legal requests or prevent harm?
We access, preserve and share your information with regulators, law enforcement authorities or others in the following circumstances:
In response to a legal request, if we have a good-faith belief that the law requires us to do so. We can also respond to legal requests when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
When we have a good-faith belief that it is necessary to detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity. Also when necessary to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries, or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account. This is to prevent fraud, abuse and other harmful activity on and off our Products.
Information we receive about you (including financial transaction data related to purchases made with Totemle) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeated abuse or other term violations.
How do we operate and transfer data as part of our global services?
We share information globally, both internally within the Totemle Companies and externally with our partners and with those you connect and share with around the world in accordance with this policy. Information controlled by Totemle Romania will be transferred or transmitted to, or stored and processed in other countries outside of where you live, for the purposes described in this policy. These data transfers are necessary to provide the services set forth in the Totemle Terms and to globally operate and provide our Products for you.
How will we notify you of changes to this policy?
We'll notify you before we make changes in this policy, and we'll give you the opportunity to review the revised policy before you choose to continue using our Products.
How to contact Totemle with questions
You can learn more about how privacy works on Totemle. If you have questions about this policy, you can contact us as described below.
We also encourage you to review the privacy choices you have about the ways in which we use data in your settings.
Your Obligations to Totemle and Our Community
We provide these services for you and others to help advance our mission. In exchange, we need you to make the following commitments:
When people stand behind their opinions and actions, our community is safer and more accountable. For that reason, you must:
Use the same name that you use in everyday life.
Provide accurate information about yourself.
Create only one account (your own) and use it for personal purposes.
You must not share your password, give access to your Totemle account to others, or transfer your account to anyone else (without our permission).
Who is elegible to use Totemle?
We try to make Totemle broadly available to everyone, but you cannot use Totemle if:
You are under 18 years old.
We have previously disabled your account for violations of our terms or policies.
You are prohibited from receiving our products, services, or software under applicable laws.
What can you share and do on Totemle?
We want people to use Totemle to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You must therefore agree not to engage in the actions described below (or to facilitate or support others in doing so):
You may not use our Products to do or share anything:
That violates these Terms, our Community Standards, and other terms and policies that apply to your use of Totemle.
That is unlawful, misleading, discriminatory or fraudulent.
That infringes or violates someone else's rights.
You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove any content you may share in violation of these provisions, and, if applicable, we may take action against your account, for any of the reasons described below. We may also disable your account if you repeatedly infringe other people's intellectual property rights.
Where appropriate, we will take steps to notify you if we remove your content because it has violated our Community Standards. We may not be able to provide notice in all cases, for example if we are prohibited from doing so by law or where it might harm our community or the integrity of our Products.
To help support our community, we encourage you to report content or conduct that you believe violates either your rights (including intellectual property rights), or our terms and policies.
3. The permissions you give us
We need certain permissions from you to provide our services:
Permission to use content you create and share: You own the content you create and share on Totemle and the other Totemle Products you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.
Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Totemle, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Totemle Products you use.
You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.
Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on Totemle next to, or in connection with, ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on Totemle. Ads like this can be seen only by people who have your permission to see the actions you've taken on Totemle. You can learn more about your ad settings and preferences.
Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Totemle), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
5. Additional provisions
1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Totemle community, you can delete your account at any time.
2. Account suspension or termination
We want Totemle to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have clearly, seriously, or repeatedly violated our terms or policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if we are required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it. You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.
If you delete your account, or we disable it, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5
3. Limits on liability
We will use reasonable skill and care in providing you with our Products and in keeping them safe, secure, and error-free, but we cannot guarantee that our Products will always function without disruptions, delays, or imperfections. Provided we have acted with reasonable skill and care, we do not accept responsibility for the following: losses not caused by our breach of these Terms or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content posted by others that you may encounter on our Products; and events beyond our reasonable control.
The above does not exclude or limit our liability for death, personal injury, or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things which the law does not permit us to do.
We try to provide clear rules so that we can hopefully avoid or limit disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of, or relates to, these Terms or the Totemle Products ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in Romania and that Romanian law will govern these Terms and any claim, without regard to conflict of law provisions.
These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Totemle Romania regarding your use of our Products. They supersede any prior agreements.
Some of the Products we offer are also governed by supplementary terms. If you use any of those Products, you will be provided with an opportunity to agree to the supplementary terms that will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent any supplementary terms conflict with these Terms, the supplementary terms shall govern the extent of the conflict.
If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
We reserve all rights not expressly granted to you.
6. Other terms and policies that may apply to you
Community Standards: These guidelines outline our standards regarding the content you post on Totemle and your activity on Totemle and other Totemle Products.
Commercial Terms: These terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services.
Advertising Policies: These policies specify what types of ad content are allowed by partners who advertise across the Totemle Products.
Self-Serve Ad Terms: These terms apply when you use self-serve advertising interfaces to create, submit, or deliver advertising or other commercial or sponsored activity or content.
Pages, Groups and Events Policy: These guidelines apply if you create or administer a Totemle Page, group, or event, or if you use Totemle to communicate or administer a promotion.
Totemle Platform Policy: These guidelines outline the policies that apply to your use of our Platform (for example, for developers or operators of a Platform application or website, or if you use social plugins).
Developer Payment Terms: These terms apply to developers of applications that use Totemle Payments.
Community Payment Terms: These terms apply to payments made on or through Totemle.
Commerce Policies: These guidelines outline the policies that apply when you offer products and services for sale on Totemle.
Totemle Brand Resources: These guidelines outline the policies that apply to use of Totemle trademarks, logos, and screenshots.
Music Guidelines: These guidelines outline the policies that apply if you post or share content containing music on Totemle.
We provide ways for you to communicate with other Totemle users including through messages, voice and video calls, sending images and video, showing your status, and sharing your location with others when you choose. Totemle works with partners, service providers, and affiliated companies to help us provide ways for you to connect with their services. We use the information we receive from them to help operate, provide, and improve our Services.
Ways To Improve Our Services. We analyze how you make use of Totemle in order to improve all aspects of our Services described here, including helping businesses who use Totemle measure the effectiveness and distribution of their services and messages. Totemle uses the information it has and also works with partners, service providers, and affiliated companies to do this.
Communicating With Businesses. We provide ways for you and third parties to communicate with each other using Totemle, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. Messages you may receive involving marketing could include an offer for something that might interest you.
Safety And Security. We work to protect the safety and security of Totemle by appropriately dealing with abusive people and activity and violations of our Terms. We prohibit misuse of our Services, harmful conduct towards others, and violations of our Terms and policies, and we address situations where we may be able to help support or protect our community. We develop automated systems to improve our ability to detect and remove abusive people and activity that may harm our community and the safety and security of our Services. If we learn of people or activity like this, we will take appropriate action by removing such people or activity, or by contacting law enforcement. We will share information with other affiliated companies when we learn of misuse or harmful conduct by someone using our Services.
Enabling Global Access To Our Services. To operate our global Service, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies.
NO ACCESS TO EMERGENCY SERVICES: There are important differences between our Services and your mobile phone, a fixed-line telephone, or SMS services. Our Services do not provide access to emergency services or emergency service providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.
About Our Services:
Registration. You must register for our Services using accurate information, provide your current mobile phone number, and, if you change it, update your mobile phone number using our in-app change of number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes, to register for our Services.
Address Book. You provide us, all in accordance with applicable laws, the phone numbers of Totemle users and your other contacts in your mobile address book on a regular basis, including both the users of our Services and your other contacts.
Age. If you live in a country in the European Region, you must be at least 18 years old to use our Services, or of an age required in your country to register for, or use, our Services. If you live in any other country except those in the European Region, you must be at least 18 years old to use our Services or of an age required in your country to register for, or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices And Software. You must provide certain devices, software, and data connections, which we do not supply, to use our Services. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via Totemle from time to time, as necessary to provide you with our Services.
Fees And Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.
Acceptable Use Of Our Services
Our Terms And Policies. You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.
Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Totemle, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm To Totemle Or Our Users. You must not directly, indirectly, through automated or other means (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others. This includes that you must not, directly or through automated means, carry out any of the following actions: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information from or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; or (i) create software or APIs that function substantially in the same way as our Services, and offer them for use by third parties in an unauthorized manner.
Keeping Your Account Secure. You are responsible for keeping your device and your Totemle account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Your rights: Totemle does not claim ownership of the information that you submit for your Totemle account or through our Services. You must have the necessary rights to such information as you submit for your Totemle account or through our Services and the right to grant the rights and licenses in our Terms.
Totemle's Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission.
Totemle's License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Reporting Third-Party Copyright, Trademark, And Other Intellectual Property Infringement. To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights of others.
WE WILL USE REASONABLE SKILL AND CARE IN PROVIDING OUR SERVICES TO YOU AND IN KEEPING A SAFE, SECURE, AND ERROR-FREE ENVIRONMENT, BUT WE DO NOT GUARANTEE THAT TOTEMLE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE "TOTEMLE PARTIES") FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, OR CONTROVERSY (TOGETHER, "CLAIM") AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOUR RIGHTS WITH RESPECT TO TOTEMLE ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.
Limitation Of Liability
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH OUR TERMS, US, OR OUR SERVICES, SHALL BE LIMITED TO LOSSES THAT ARE A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH BREACH (EXCEPT IN RELATION TO DEATH, PERSONAL INJURY, OR FRAUDULENT MISREPRESENTATION) AND WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
YOUR RIGHTS WITH RESPECT TO TOTEMLE ARE NOT MODIFIED BY THE FOREGOING LIMITATION IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.
If anyone brings a claim ("Third Party Claim") against us related to your actions, information, or content on Totemle, you will, to the extent permitted by law, indemnify and hold the Totemle Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach of our Terms or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third Party Claim. Your rights with respect to Totemle are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
If You Live In The European Region. If you are a consumer and habitually reside in a territory within the European Region, the laws of your territory will apply to any Claim you have against us that arises out of or relates to these Terms or our Services, and you may resolve your Claim in any competent court in your territory that has jurisdiction over the Claim. In all other cases, you agree that the Claim must be resolved in a competent court in Bucharest, Romania that has jurisdiction over the Claim and that the laws of Romania will govern these Terms and any Claim, without regard to conflict of law provisions.
If You Live Outside The European Region. If you are a consumer located outside the European Region, the laws of the country in which you reside will apply to any Claim you have against us that arises out of or relates to these Terms or our Services, and you may resolve your Claim in any competent court in that country that has jurisdiction over the Claim. In all other cases, you agree that the Claim must be resolved exclusively in Bucharest, Romania, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim, and that the laws of Romania will govern these Terms and any Claim, without regard to conflict of law provisions.
Availability And Termination Of Our Services
Availability Of Our Services. We are always trying to improve our Services.That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. Although we hope you remain a Totemle user, you can terminate your relationship with Totemle anytime for any reason by deleting your account.
We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Totemle: "Licenses," "Disclaimers," "Limitation of Liability," "Indemnification," "Dispute Resolution," "Availability and Termination of our Services," "Other,".If you believe your account's termination or suspension was in error, please contact us at [email protected]
Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Totemle and our Services, and supersede any prior agreements.
We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
You will comply with all applicable Romanian and non-Romanian export control and trade sanctions laws ("Export Laws"). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on Romania or non-Romanian States government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any Romanian or non-Romanian restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
Any amendment to or waiver of our Terms requires our express consent. You have the right to terminate your relationship with Totemle at any time by deleting your account.
We may amend or update these Terms. Unless otherwise required by law, we will provide you at least 30 days' notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. We will also update the "Last Modified" date at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using Totemle, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using Totemle, but if you do not agree to such an assignment, you must stop using our Services by deleting your account.
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
Nothing in our Terms will prevent us from complying with the law.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.
We always appreciate your feedback or other suggestions about Totemle and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them.
Accessing Totemle's Terms in Different Languages
To access our Terms in certain other languages, change the language setting for your Totemle session. If our Terms are not available in the language you select, we will default to the English version.
Respect for your privacy is very important to us. Since we started Totemle, we've aspired to build our Services with a set of strong privacy principles in mind.
Please also read Totemle's Terms of Service ("Terms"), which describes the terms under which you use our Services.
Information We Collect
Totemle must receive or collect some information to operate, provide, improve, understand, customize, support, and market our Services, including when you install, access, or use our Services. The types of information we receive and collect depend on how you use our Services.
Information You Provide
Your Account Information. You provide your mobile phone number and basic information (including a profile name) to create a Totemle account. You provide us, all in accordance with applicable laws, with the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts. You may provide us with an email address. You may also add other information to your account, such as a profile picture and about information.
Your Messages. We do not retain your messages in the ordinary course of providing our Services to you. Once your messages (including your chats, photos, videos, voice messages, files, and share location information) are delivered, they are deleted from our servers. Your messages are stored on your own device. If a message cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to 30 days as we try to deliver it. If a message is still undelivered after 30 days, we delete it. To improve performance and deliver media messages more efficiently, such as when many people are sharing a popular photo or video, we may retain that content on our servers for a longer period of time. We also offer end-to-end encryption for our Services, which is on by default, when you and the people with whom you message use a version of our app released after September 12, 2018. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them.
Your Connections. To help you organize how you communicate with others, we may help you identify your contacts who also use Totemle, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information. You give your groups a name. You may choose to provide a group profile picture or description.
Customer Support. You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you with customer support. For example, you may send us an email with information relating to our app performance or other issues.
Automatically Collected Information
Usage And Log Information. We collect information about your activity on our Services, like service-related, diagnostic, and performance information. This includes information about your activity (including how you use our Services, your Services settings, how you interact with others using our Services, and the time, frequency, and duration of your activities and interactions), log files, and diagnostic, crash, website, and performance logs and reports. This also includes information about when you registered to use our Services, the features you use like our messaging, calling, Status, or groups features, profile photo, about information, whether you are online, when you last used our Services (your "last seen"), and when you last updated your about information.
Device And Connection Information. We collect device and connection-specific information when you install, access, or use our Services. This includes information like hardware model, operating system information, battery level, signal strength, app version, browser information, and mobile network, connection information including phone number, mobile operator or ISP, language and time zone, and IP, device operations information, and identifiers, like device identifiers.
Location Information. We collect device location information if you use our location features, like when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and other such similar cases, as well as for diagnostics and troubleshooting purposes such as if you are having trouble with our app's location features. We use various technologies to determine location, including IP, GPS, Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
Information Others Provide About You. We receive information about you from other users and businesses. For example, when other users or businesses you know use our Services, they may provide your phone number, name, and other information (like information from their mobile address book or in the case of businesses, additional information about you such as unique identifiers), just as you may provide theirs, or they may send you a message, send messages to groups to which you belong, or call you. We require each of these users and businesses to have lawful rights to collect, use, and share your information before providing any information to us.
Businesses On Totemle. Businesses you interact with using Totemle provide us with information about their interactions with you. A business on Totemle may also use another company to assist it in storing, reading, and responding to your messages on behalf of and in support of that business. Please note that when businesses use third-party services, their own terms and privacy policies will govern your use of those services and their use of your information on those services.
Third-Party Service Providers. We work with third-party service providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply location, map, and places information, process payments, help us understand how people use our Services, market our Services, help you connect with businesses using our Services, conduct surveys and research for us, and help with customer service. These companies may provide us with information about you in certain circumstances; for example, app stores may provide us with reports to help us diagnose and fix service issues.
Third-Party Services. We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, if you use the Totemle share button on a news service to share a news article with your Totemle contacts, groups, or broadcast lists on our Services, or if you choose to access our Services through a mobile carrier's or device provider's promotion of our Services. Please note that when you use third-party services, their own terms and privacy policies will govern those services.
How We Use Information
We use the information we have (subject to choices you make) to operate, provide, improve, understand, customize, support, and market our Services. Here's how:
Our Services. We use the information we have to operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us.
Safety And Security. We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
Communications About Our Services And The Noisy Guys Company Companies. We use the information we have to communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you with marketing for our Services.
No Third-Party Banner Ads. We still do not allow third-party banner ads on Totemle. We have no intention to introduce them, but if we ever do, we will update this policy.
Commercial Messaging. We will allow you and third parties, like businesses, to communicate with each other using Totemle, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. For example, you may receive flight status information for upcoming travel, a receipt for something you purchased, or a notification when a delivery will be made. Messages you may receive containing marketing could include an offer for something that might interest you. You can manage these communications, and we will honor the choices you make.
Measurement, Analytics, And Other Business Services. We help businesses who use Totemle measure the effectiveness and distribution of their services and messages, and understand how people interact with them on our Services.
Information You And We Share
You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.
Send Your Information To Those You Choose To Communicate With. You share your information (including messages) as you use and communicate through our Services.
Account Information. Your phone number, profile information, about information, last seen information, and receipts may be available to anyone who uses our Services, although you can configure your Services settings to manage certain information available to other users and businesses with whom you communicate.
Your Contacts And Others. Users and businesses with whom you communicate may store or reshare your information (including your phone number or messages) with others on and off our Services. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share.
Businesses On Totemle. We help businesses who use Totemle measure the effectiveness and distribution of their services and messages, and understand how people interact with them on our Services.
Third-Party Service Providers. We work with third-party service providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party service providers and the Noisy Guys Company Companies in this capacity, we require them to use your information on our behalf in accordance with our instructions and terms.
Third-Party Services. When you use third-party services that are integrated with our Services, they may receive information about what you share with them. For example, if you use a data backup service integrated with our Services (like iCloud or Google Drive), they will receive information you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such a third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
How We Work With Other Noisy Guys SRL Companies
We are part of the Noisy Guys Company Companies. As part of the Noisy Guys Company Companies, Totemle receives information from, and shares information with, the Noisy Guys Company Companies. We may use the information we receive from them, and they may use the information we share with them, to help operate, provide, improve, understand, customize, support, and market our Services and their offerings. This includes helping improve infrastructure and delivery systems, understanding how our Services or theirs are used, helping us provide a way for you to connect with businesses, and securing systems. We also share information to fight spam, threats, abuse, or infringement activities and promote safety and security across the Noisy Guys Company Company Products. However, your Totemle messages will not be shared onto Noisy Guys Company for others to see. In fact, Noisy Guys Company will not use your Totemle messages for any purpose other than to assist us in operating and providing our Services.
Learn More about how Totemle works with the Noisy Guys Company Companies.
Assignment, Change Of Control, And Transfer
How The General Data Protection Regulation Applies To Our European Region Users
Our Legal Bases For Processing Information
We collect, use, and share the information we have as described above:
-as necessary to fulfil our Terms;
-consistent with your consent, which you can revoke at any time;
-as necessary to comply with our legal obligations;
-occasionally to protect your vital interests, or those of others;
-as necessary in the public interest; and
-as necessary for our (or others') legitimate interests, including our interests in providing an innovative, relevant, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.
How You Exercise Your Rights
Under the General Data Protection Regulation or other applicable local laws, you have the right to access, rectify, port, and erase your information, as well as the right to restrict and object to certain processing of your information. This includes the right to object to our processing of your information for direct marketing and the right to object to our processing of your information where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party. You can access or port your information using our in-app Request Account Info feature (available under Settings > Account). You can access tools to rectify, update, and erase your information directly in-app as described in the Managing and Deleting Your Information section. If we process your information based on our legitimate interests or those of a third party, or in the public interest, you can object to this processing, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons. You can also object to our processing of your information and learn more about your options for restricting the way we use your information by going here. Where we use your information for direct marketing for our own Services, you can always object and opt out of future marketing messages using the unsubscribe link in such communications, or by using our in-app "Block" feature.
Managing And Deleting Your Information
We store information until it is no longer necessary to provide our services, or until your account is deleted, whichever comes first. This is a case-by-case determination that depends on things like the nature of the information, why it is collected and processed, and relevant legal or operational retention needs.
If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:
Services Settings. You can change your Services settings to manage certain information available to other users. You can manage your contacts, groups, and broadcast lists, or use our block feature to manage the users with whom you communicate.
Changing Your Mobile Phone Number, Profile Name And Picture, And About Information. You must change your mobile phone number using our in-app change number feature and transfer your account to your new mobile phone number. You can also change your profile name, profile picture, and about information at any time.
Deleting Your Totemle Account. You may delete your Totemle account at any time (including if you want to revoke your consent to our use of your information) using our in-app delete my account feature. When you delete your Totemle account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be mindful that if you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.
Law And Protection
We collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, Totemle, the Noisy Guys Company Companies, or others, including to prevent death or imminent bodily harm.
Our Global Operations
Updates To Our Policy
If You Are In The European Region
The Data Protection Officer for Totemle Romania can be contacted here.
Totemle Romania Limited
Cluj Napoca, Romania
You have the right to lodge a complaint with Totemle Romania's lead supervisory authority, or your local supervisory authority.
If You Are Outside The European Region
How We Process Your Information
For all people who have legal capacity to enter into an enforceable contract, we process data as is necessary to perform our contracts with you (the Terms of Service, the "Terms"). We describe the contractual services for which this data processing is necessary in Our Services section of the Terms and in the additional informational resources accessible from our Terms. The core data uses necessary to provide our contractual services are:
To provide, improve, customize, and support our Services as described in "Our Services";
To promote safety and security;
To transfer, transmit, store, or process your data outside the EEA, including to within the United States of America and other countries; and
To communicate with you, for example, on Service-related issues.
The other legal bases we rely on in certain instances when processing your data are:
For collecting and using information you allow us to receive through the device-based settings when you enable them (such as access to your GPS location, camera, or photos), so we can provide the features and services described when you enable the settings.
Our legitimate interests or the legitimate interests of a third party, where not outweighed by your interests or fundamental rights and freedoms ("legitimate interests"):
For all people:
For providing measurement, analytics, and other business services where we are processing data as a controller. The legitimate interests we rely on for this processing are:
To provide accurate and reliable reporting to businesses and other partners, to ensure accurate pricing and statistics on performance, and to demonstrate the value our partners realise using our Services; and
In the interests of businesses and other partners to help them understand their customers and improve their businesses, validate our pricing models, and evaluate the effectiveness and distribution of their services and messages, and understand how people interact with them on our Services.
For providing marketing communications to you. The legitimate interests we rely on for this processing are:
To promote Noisy Guys Company Company Products and issue direct marketing.
To prevent and address fraud, unauthorised use of the Noisy Guys Company Company Products, violations of our terms and policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), our users or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm.
To secure systems and fight spam, threats, abuse, or infringement activities and promote safety and security across the Noisy Guys Company Company Products.
We will consider several factors when assessing an objection including: our users' reasonable expectations; the benefits and risks to you, us, other users, or third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort. Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
Compliance with a legal obligation:
Protection of your vital interests or those of another person:
The vital interests we rely on for this processing include protection of your life or physical integrity or that of others, and we rely on it to combat harmful conduct and promote safety and security, for example, when we are investigating reports of harmful conduct or when someone needs help.
Tasks carried out in the public interest:
Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
TOTEMLE INC., THE EU-U.S. PRIVACY SHIELD AND THE SWISS-U.S. PRIVACY SHIELD
Totemle Inc. (“Totemle”) has certified to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework with the U.S. Department of Commerce regarding the collection and processing of personal data from our business partners in the European Union and Switzerland (“Partners”) in connection with the products and services described in the Scope section below and in our certification. To learn more about the Privacy Shield program please visit www.privacyshield.gov.
Scope: Totemle adheres to the Privacy Shield Principles for the following areas of our business (collectively the “Partner Services”):
Totemle Business Products: Totemle creates apps, services, features, APIs, software, or website that enable businesses to interact with users of Totemle's products and services (“Business Products”). Partners (the data controllers) may submit personal information about their customers to Totemle using Totemle's Business Products. While Partners decide what information to submit, it typically includes things like customer phone numbers and other information under the Partner's control. For more information, customers may contact the relevant Partner. Totemle uses the personal data provided by Partners to provide Business Products in accordance with the terms applicable to the relevant Business Product and otherwise with the Partners' instructions. Totemle works with its Partners to ensure that individuals are offered appropriate choices in accordance with the Privacy Shield Principles.
Access. Within the scope of our authorization to do so, and in accordance with our commitments under Privacy Shield, Totemle will work with its Partners to provide individuals access to personal data about them that Totemle holds on behalf of its Partners. Totemle will also take reasonable steps to enable individuals, either directly or in connection with the Partners, to correct, amend, or delete personal data that is demonstrated to be inaccurate.
Third Parties. Totemle may transfer data within the Noisy Guys Company family of companies and to third parties, including service providers and other partners. In accordance with the Privacy Shield Principles, Totemle is liable for any processing of personal data by such third parties that is inconsistent with the Privacy Shield Principles unless Totemle was not responsible for the event giving rise to any alleged damage.
Enforcement. Totemle's compliance with the Privacy Shield Principles is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
Questions and Disputes. Please contact us with any questions or concerns relating to our Privacy Shield certification. You have the option to resolve any applicable disputes you have with us in connection with our certification through TrustArc, an alternative dispute resolution provider based in the United States. You can contact TrustArc through their website. In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles. Additionally, as part of the Privacy Shield Framework, the U.S. State Department Senior Coordinator serves as the Ombudsperson to facilitate the processing of requests relating to national security access to data transmitted from the EU or Switzerland to the U.S.
Intellectual Property Policy: Your Copyrights and Trademarks
Totemle ("Totemle," "our," "we," or "us") is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service ("Terms") by installing, accessing, or using our apps, services, features, software, or website (together, "Services"). Our Terms do not allow our users to violate someone else's intellectual property rights when using our Services, including their copyrights and trademarks.
To report copyright infringement and request that Totemle remove any infringing content it is hosting (such as a Totemle user's profile picture, profile name, or status message), please email a completed copyright infringement claim to [email protected] (including all of the information listed below). You can also mail a complete copyright infringement claim to Totemle's copyright agent:
Before you report a claim of copyright infringement, you may want to send a message to the relevant Totemle user you believe may be infringing your copyright. You may be able to resolve the issue without contacting Totemle.
To report trademark infringement and request that Totemle remove any infringing content it is hosting, please email a complete trademark infringement claim to [email protected] (including all of the information listed below).
Before you report a claim of trademark infringement, you may want to send a message to the relevant Totemle user you believe may be infringing your trademark. You may be able to resolve the issue without contacting Totemle.
What to include in your copyright or trademark infringement claim to Totemle:
Please include all of the following information when reporting a copyright or trademark infringement claim to Totemle:
Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached.
A description of the copyrighted work or trademark that you claim has been infringed.
A description of the content hosted on our Services that you claim infringes your copyright or trademark.
Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us with the phone number of the individual who has submitted the infringing content on our Services.
A declaration that:
You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;
The information in your claim is accurate; and
You declare, under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive copyright or trademark that is allegedly infringed.
Your electronic signature or physical signature.
A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device.
to provide Totemle for web and desktop and other Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services;
to understand which of our FAQs are most popular and to show you relevant content related to our Services;
to remember your choices, such as your language preferences, and otherwise to customize our Services for you; and
to rank the FAQs on our website based on popularity, understand mobile versus desktop users of our web-based Services, or understand popularity and effectiveness of certain aspects of our web pages.
How to control cookies
You can follow the instructions provided by your browser or device (usually located under "Settings" or "Preferences") to modify your cookie settings. Please note that if you set your browser or device to disable cookies, some of our Services may not function properly.
Use of material appearing on the Totemle Site
Your use of the Totemle is for your own personal and non-commercial use only. You acknowledge that, as between Totemle and you, except for user content and advertisements (as discussed below), Totemle is the sole owner of all content on the Totemle Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Totemle Site (“Totemle Content”). The Totemle Site and the Totemle Content are protected by the copyright laws and other intellectual property laws of Romania.
You may download and print extracts from the Totemle Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Totemle Content for any other purpose without our prior written approval. Except as expressly authorised by Totemle, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Totemle Site.
If you wish to use our content other than as permitted by these terms and conditions, please contact us.
Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in the Totemle Content. Nothing in the Totemle Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Totemle Content or any part of it. You can access other sites via links from the Totemle Site. These sites are not under our control and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning the Totemle Site or the Totemle Content. In particular, we do not warrant that the Totemle Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to the Totemle Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
If you are accessing the Totemle Site from the United States or Australia, the additional disclaimers and limitations of liability in Sections 16 and 17 and apply.
Third party advertising on the Totemle Site
You will see advertising material submitted by third parties on the Totemle Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
If you want to advertise on the Totemle Site, please email the user help team.
Users of our site may be permitted to submit content for publication in various areas of the Totemle Site.
When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Totemle Site.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.
You acknowledge and agree that when you post content on the Totemle Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Totemle, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Totemle Site.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Totemle Site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Totemle Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Totemle Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Totemle Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of the Totemle Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Totemle assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Totemle.
exclusion may not apply to you.
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL TOTEMLE OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE TOTEMLE SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE TOTEMLE SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF TOTEMLE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, TOTEMLE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING TOTEMLE’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
4- LIVE SCORE SECTION
These terms tell you the rules for using our website (www.totemle.com) and all native mobile applications that we make available
These terms were most recently updated on 12th september 2018.
WHO WE ARE AND HOW TO CONTACT US
Our Apps are operated by Noisy Guys SRL.
To contact us, please visit http://www.Totemle.com/contact/ or email [email protected]
BY USING OUR APPS, YOU ACCEPT THESE TERMS
If you do not agree to these terms, you must not use our Apps.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our Apps, please check these terms to ensure you understand the terms that apply at that time. The terms available at the time you use the Apps govern your use of the Apps.
WE MAY MAKE CHANGES TO OUR APPS
We may update and change our Apps from time to time to reflect changes to our services, our users’ needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR APPS
Our Apps are made available free of charge.
We do not guarantee that our Apps, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Apps for business and operational reasons.
HOW YOU MAY USE MATERIAL ON OUR APPS
We are the owner or the licensee of all intellectual property rights in our Apps, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify any materials you have downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics save as permitted by these terms.
Our status (and that of any identified contributors) as the authors of content on our Apps must always be acknowledged.
You must not use any part of the content on our Apps for commercial purposes without obtaining a licence to do so from us or our licensors.
You must not use data mining, robots or similar gathering or extraction methods in respect of any content on our Apps.
DO NOT RELY ON INFORMATION ON OUR APPS
The content on our Apps is provided for general information only. It is not intended to amount to advice on which you should rely. In particular, you must not rely on the accuracy or timing of any sports scores or any related information or statements provided on the Apps. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Apps.
Although we make reasonable efforts to update the information on our Apps, we make no representations, warranties or guarantees, whether express or implied, that the content on our Apps are accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Apps contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of any third party websites or resources.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees.
Please note that we only provide our Apps for domestic and private use. You agree not to use our Apps for any commercial or business purposes.
We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE VIRUSES
We do not guarantee that our Apps will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Apps. You should use your own virus protection software.
You must not misuse our Apps by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Apps, the server on which our Apps are stored or any server, computer or database connected to our Apps. You must not attack our Apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Apps will cease immediately.
RULES ABOUT LINKING TO OUR APPS
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Apps in any Apps that is not owned by you.
Our Apps must not be framed on any other Apps, nor may you create a link to any part of our Apps other than the home page.
We reserve the right to withdraw linking permission without notice.
The Apps in which you are linking must comply in all respects with the content standards set out in these terms of webApps use and any other standards that we provide to you from time to time.
If you wish to link to or make any use of content on our Apps other than that set out above, please contact [email protected]
You may use our Apps only for lawful purposes. You may not use our Apps:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way.
You also agree:
not to access without authority, interfere with, damage or disrupt:
any part of our Apps;
any equipment or network on which our Apps are stored;
any software used in the provision of our Apps; or
any equipment or network or software owned or used by any third party.
WHAT HAPPENS IF YOU BREACH THESE TERMS?
immediate, temporary or permanent withdrawal of your right to use our Apps;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
OUR TRADE MARKS ARE REGISTERED
TOTEMLE, the TOTEMLE logo, the LS logo, and the names of the Apps are trade marks of Noisy Guys SRL.
You are not permitted to use our trade marks without our approval.
5- Sure Bets
The provision of sports arbitrage opportunities through the web app Totemle (“Service”) is provided to you (“User”) by Totemle (“Provider”) for a contracted period of time (“Service Period”).
By registering and using the Service, the User agrees to be bound by this agreement.
The Provider can in no way be held responsible for any losses or consequential losses arising from the use of this Service. The user must be aware that there are risks involved with every sports betting transaction, and the Provider does not guarantee winnings from presented odds and arbitrages. Presented odds and sports arbitrages should not be construed as betting advice.
While we strive very hard to present accurate and useful information, Totemle makes no guarantee of the correctness of information delivered.
Our Service will display potential palpable errors. These bets may be voided by the relevant bookmaker. Please check bets advised by our Service before placing the bet in case the odds have changed since the original alert or there has been a scanning error. The User must also be aware that bookmakers have different settlement rules (including possible postponements) on various sports, which can result in voided bets and loss of stake.
No guarantee of the correctness of the AutoSurf feature can be given.
Bookmaker, sport and odds coverage may decrease temporarily due to the constant changes outside of our control.
By using the AutoSurf, the User is agreeing to the various bookmakers terms and conditions where applicable.
All browsing done by the AutoSurf is considered to have been done by the User.
Totemle has no responsibility for bets placed or other actions taken at bookmakers’ web sites. It is the responsibility of the User to comply with the bookmakers’ terms and conditions, and the laws and regulations in their respective country regarding gambling and sports betting.
There may be interruptions to the service due to technical reasons beyond the Provider’s control. If no Service is available for a period of more than 12 hours, the User’s Service Period will be extended by at least two days for every day this interruption to Service continues.
The User may not sell, or pass on in any way, to any person or persons, any information supplied by the Provider. The information provided by the Provider can only be used to place bets with established bookmakers or betting exchanges. A breach of this agreement will lead to an immediate termination of Customer subscription and possible legal action.
Totemle subscriptions are non-refundable. All sales are final.
All recurring subscriptions renew automatically after the initial period. The recurring subscription will renew monthly until you cancel your subscription.
Recurring subscriptions may have a retry-schedule if collection of a recurring payment fails, meaning that our payment providers may try to collect a failed recurring payment more than once.
If you intend to upgrade or buy a new subscription, please note that you have to cancel your old subscription. Otherwise you may end up having two active subscriptions at the same time.
Customers can not pause their subscriptions.
The Provider reserves the right to immediately terminate your use of, or access to, the Service at any time if the Provider decides at its sole discretion that you have breached the Terms and Conditions or you have engaged in conduct that the Provider considers to be inappropriate or unacceptable.
This agreement shall be governed by and construed in accordance with the laws of Bulgaria.
Totemle software can be freely distributed through the Internet.
1. Main provisions
1. The user agreement is made between Noisy Guys SRL (hereinafter “the Administration”) of the web site (hereinafter “the Service”) of the one part and a person interested in getting information provided by the Service (hereinafter “the User”) of the other part.
2. Provisions of the agreement set out conditions of supplying information to the User by the Service.
3. By accepting this agreement, the User undertakes to comply with its provisions, and confirms that he/she is at least 18 years of age or the legal minimum age in his/her country of residence (whichever is higher). In case of the User’s disagreement with any of the arrangement conditions, the User undertakes not to use the service.
2. Information provided by the service
1. The service scans in automatic mode the lines of betting offices and betting exchanges and provides information about the data found from the analysis. The Service is not a financial instrument and doesn’t provide management services of funds obtained from third person and is not a betting office or a game.
2. List of provided data:
3. The amount of information provided by the Service can vary over the course of time. The Administration reserves the right to add or remove either data as it thinks fit.
4. The amount of scanned betting offices can vary over time. The Administration doesn’t take responsibility for the adequacy of information provided by betting offices in their lines.
5. The information sited on the Service is provided for the User by subscription according to the selected tariff plan.
6. The User makes use of the provided information at his/her own risk. No piece of information provided by the Service can be regarded as instruction for disposition of the User’s cash assets.
7. Information is provided for the User as it is. The User is aware of the risks connected with the possible discrepancy between the provided information and reality and abandons any claims connected with the compensation of eventual losses that are indirectly or directly occasioned by the use of provided information.
8. The Administration doesn’t take responsibility for the consequences of using information provided by the service.
9. The information is provided for the User only for personal use irrespective of the selected tariff plan. The User undertakes not to spread information from the Service without permission of the Administration.
10. The User undertakes not to use any robots for wide-scale readout of the information provided by the Service. The only exception is using robots to readout the information provided under the terms of corporate tariff plans (XML feed).
1. Subscription is provided by the Administration of the Service in accordance with one of the suggested tariff plans.
2. The run of validity of the subscription is indicated in calendar days.
3. Subscription to a tariff plan that requires a fee is considered active as soon as receipt of funds from the User is confirmed by the Administration and the selected tariff is activated.
4. Subscription to a tariff plan that doesn’t require a fee is considered active as soon as the fact of subscription is confirmed by the Administration.
5. When selecting a tariff the User is required to read the provisions of the agreement. Subscription is not provided in case of the User’s disagreement with any article of this agreement.
6. The User has the right to withdraw the subscription to the present fee-paying tariff plan and / or to change it for a cheaper one any time but not earlier than 7 days after the date of activation of the present tariff plan. However, in case of withdrawal of subscription before the date of the indicated period, the User continues to make use of the present tariff plan. The remaining available funds are returned on the User’s account proportionally to the usage time of the Service.
7. The User has the right to change the present tariff plan for a more expensive one before the expiry of the present tariff plan with remittance of remaining available funds.
8. In case of the User’s refusal to use the Service for any reason, the Administration returns at the request of the User the balance of the account in the same way the funds have been received from the User except the expenses for remittance and provided bonuses.
9. The administration has the right to limit the User’s access to the Service in case of the User’s non-compliance with the agreement. In case of distrusting the User of the violation of articles 2.9 or 2.10 of the agreement the User’s access to the Service can be blocked until the ascertainment of the circumstances without return of funds.
4. User Responsibility
1. The User undertakes to check the adequacy of the provided information just before any possible use of this information.
2. The User assumes all the risks, possible losses or profit connected with the use of the information provided by the Service.
5. Responsibility of the Administration
1. The Administration undertakes to keep the service in working order. Working order of the service is the state when 70% and more of the declared scanners of betting offices and betting exchanges are in operation.
2. In case of the impossibility of the Service to function for some time the Administration undertakes to extend the validity of the subscription.
3. The Administration accepts complaints about the operation of the Service. Received requests are taken into consideration and brought into effect, if and when the administration sees fit.
4. The Administration doesn’t guarantee the adequacy of the information provided by the Service. However, it makes efforts to improve and increase quality of the provided data.
5. The Administration doesn’t accept any claims connected with the compensation of eventual losses that are indirectly or directly occasioned by the use of the Service.
6. Amendments to the agreement
1. The Administration reserves the right to introduce amendments to the user agreement.
2. The use of the Service after the introduction of amendments is regarded as acceptance of these amendments.
Date of Last Revision: October 30th, 2018