TERMS OF SERVICE
Last modified: October 4, 2023
SHPMNT INC. is the representation of your real life relationships. No influencers, no brands, no likes, no algorithms – just you and your friends sharing moments of your lives. Our mission is to offer an alternative to the platforms that have only led us to become dissociated and disconnected and hopefully make people a little bit happier in the process.
We’ve drafted these Terms of Service (which we aptly call the “Terms”) so you’ll know the rules that apply when you use any SHPMNT app or any of our other products or services that link to these terms (we refer to these simply as the “Services”), this also includes any other apps by the company SHPMNT INC. Although we’ve tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a legally binding contract between you and SHPMNT. So please read them carefully.
In order to use the Services, you must have accepted these Terms, which are presented to you (i) when you first open the app and (ii) when we make any material changes to the Terms. Of course, if you don’t accept them, then don’t use the Services.
1. Who Can Use the Services
No one under 15 is allowed to create an account or use the Services. Additionally, you must be old enough to consent to the processing of your information in your country.
By using the Services, you state that you can form a binding contract with SHPMNT and will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
The Services should not be used for business or commercial purposes. If you wish to use the Services for businesses or commercial purposes please contact m@shpmnt.app.
2. Your account
In order to use the Services you are required to create an account. Creating an account is easy: just follow the steps in the app! Here is some important information about your account:
Name
We ask you to share your name and last name when you create an account. This is the name that will be displayed when you use the app. If you want your friends to easily recognize you, we recommend that you use your real first name and last name. Remember: most of the information in your profile is public and will be visible to the SHPMNT community. This means that friends of friends can find you via the public friend lists and if you use social features your profile may be visible to a larger community.
Phone number and verification
To create an account with SHPMNT, you'll need an active phone number. We require you to verify your phone number during the registration process to prevent others from creating accounts with it. We'll send a text message containing a verification code to the phone number you provide. To complete the registration, you'll need to enter this code within SHPMNT's apps.
Please note that your account with SHPMNT apps is tied to your phone number. To continue using our services, make sure your phone number remains valid. If your phone number becomes invalid, you won't be able to access your account anymore.
Additionally, by creating an account with SHPMNT, you agree to receive SMS communications from us regarding your account, such as important updates. These messages will be sent to the phone number you provide during registration.
If you need to change your phone number but want to keep your data, please contact us at m@shpmnt.app.
Address book and friends
In order to interact with your friends on a SHPMNT app, we'll ask for permission to access your contacts. This will let you add friends who are already on the SHPMNT app that you've registered to and invite others from your address book who haven't yet joined. Please keep in mind that when inviting friends, you may be charged by your carrier for sending text messages depending on your phone plan. Also, please be considerate and avoid spamming your entire address book.
Notifications
You can turn on notifications to stay updated on your friend requests, interactions, when your friends posted new photos, and much more.
Account Security
Account security is important to us. That is why your account is linked with your phone number, and confirmed with a code sent by message. If you suspect any fraudulent activity or unauthorized use of your account, please let us know immediately at m@shpmnt.app. We'll do our best to assist you as quickly as possible.
3. Description of Services
The Services provided when you use SHPMNT apps are some or all of the following:
Create, publish and share your created content on your profile and/or your friends' profiles;
View friends' contents;
Interact with other users;
View other users publicly shared contents;
Delete your own content;
Report other users' content. If you see a content on your feed that you feel like it's dangerous or offensive. Please report at m@shpmnt.app.
4. Rights we grant you
SHPMNT grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. However, we do love to partner with great companies, awesome engineers, and really creative designers, so don’t hesitate to reach out through m@shpmnt.app.
5. Privacy
Your privacy matters to us. You can learn how your information is handled when you use our Services by reading the Privacy Policy. We encourage you to give it a read.
6. Respecting other people’s rights
SHPMNT respects the rights of others, and so should you. You, therefore, may not use the Services, or enable anyone else to use the Services in a manner that:
Violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
Bullies, harasses, or intimidates;
Defames;
Spams or solicits our users.
You must also respect the rights of SHPMNT. These Terms do not grant you any right to do any of the following (or enable anyone else do so):
Use branding, logos, designs, photographs, videos, or any other materials used in our Services;
Copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as authorized in these Terms;
Use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
7. Safety
We try hard to keep our Services a safe place for all users and need your help to do so. By using the Services, you agree that:
You will not use the Services for any purpose that is illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You will not use or attempt to use another user’s account without their permission.
You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
You will not probe, scan, or test the vulnerability of our Services or any system or network.
You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So please don’t use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving, cycling, scootering, rollerblading... (you get the idea).
8. Third-party services
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. SHPMNT is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
9. Modifying the Services and termination
We’re relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand—but this won’t always be possible.
Though we hope you remain a lifelong member of the SHPMNT community, you can terminate these Terms at any time and for any reason by deleting your account. You can delete your account by contacting m@shpmnt.app.
SHPMNT may also terminate these Terms with you if you fail to comply with these Terms, the law, or for any reason outside of our control. And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity (36 months).
Regardless of who terminates these Terms, both you and SHPMNT continue to be bound by Sections 2, 6, 9 – 17 of the Terms.
10. Indemnity
You agree, to the extent permitted by law, to indemnify, defend and hold harmless SHPMNT and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
11. Disclaimers
We try to keep the Services up and running and free of nuisance, but we cannot promise that we will always succeed.
The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while SHPMNT attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
SHPMNT and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which SHPMNT, nor their affiliates will be responsible for.
Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
12. Limitation of liability
SHPMNT and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorized access, use or alteration of your content. In no event will SHPMNT or their affiliates’ aggregate liability for all claims relating to the Services exceed the greater of €1 EUR.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.
13. Dispute resolution
If you have a concern, let’s talk. We encourage you to contact us first at m@shpmnt.app and we’ll do our best to resolve the issue.
14. Exclusive venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and SHPMNT agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of France, unless this is prohibited by the laws of the country where you reside. You and SHPMNT consent to the exclusive jurisdiction of those courts.
15. Choice of law
The laws of SHPMNT govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of France to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
16. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
17. Final terms
These Terms make up the entire agreement between you and SHPMNT and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.
Contact Us
You can always contact us at m@shpmnt.app if you have questions or just want to give us some feedback about our Services. We love hearing from our users :)