Morphus Terms of Service
Last modified: 05/25/2018
In case you’re not familiar, Morphus is an app that makes it fun and easy to know what your friends and family are up to. Have you ever missed out on an epic party? Lost your friends at a festival, on the beach, or on the slopes? Got tired of waiting for your friends who said they were on their way while in reality they were still at home watching vlogs on how to do their makeup? Never again. With Morphus, you can keep up with the people you care about, both near and far.
We’ve drafted these Terms of Service (which we aptly call the “ Terms ”) so you’ll know the rules that apply when you use the Morphus app or any of our other products or services that link to these terms (we refer to these simply as the “ Services ”). 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 Morphus Inc. (“ Morphus ”). 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 13 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 Morphus 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 firstname.lastname@example.org .
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:
a. Name and Username
We ask you to pick a name when you create an account. This is the name that will displayed when you use the app. If you want your friends to easily recognize you we recommend you use your first or last name.
b. Phone number and verification
You will need an active phone number to create an account. To make sure other people don’t start creating accounts with your phone number, we ask you to verify your phone number when creating an account. We do this by sending a text message with a verification code to the phone number you specify when registering an account. To complete the registration you will need to enter the verification code in the Morphus app. Please remember, your Morphus account is tied to your phone number, so make sure that your phone number remains valid in order to continue using the Services. If your phone number becomes invalid you will no longer be able to access the Services. If you want to keep your data when changing your phone number, please contact us at email@example.com .
d. Address book and friends
Morphus is the most fun when you’re interacting with your friends! Because of this, we ask for permission to access your address book. This will give you the ability to add friends that are already on Morphus as well as invite pals in your address book who have not yet joined Morphus. If you’re inviting friends to Morphus keep in mind that you’ll be inviting them via text message, so be aware that your carrier may charge you for sending those text messages depending on your phone plan. Also, when inviting friends, please be considerate and don’t spam your entire address book.
You can turn on notifications to get updates when friends accept your requests, when friends receive messages, and interesting tidbits on your friends’ whereabouts. For example, when they’ve traveled to another country like Monaco or Fiji.
f. Account Security
Once you have created your account, you remain responsible for any activity that takes place on your Morphus account. Since creating a Morphus account doesn’t require a password, make sure you protect your phone with a strong password. Also, don’t give your phone to someone else if you don’t want them interacting with your account. If you suspect fraudulent use or hijacking of your account please inform us immediately at firstname.lastname@example.org . We will do our best to help you out as soon as possible.
3. Location based service
You understand that Morphus is a location-based service. In order to provide the Services, Morphus requires access to the location data of your device. You will first have to grant permission to Morphus before we can access your location data. This is done via the Android and iOS permission screens and/or device settings. Unless you have selected a different device permission or app setting, your device location will be shared when the app is running in the background and the foreground. This means that, once proper permissions are granted, you don't have to actively open the app to share your position. For example, it will allow your friends to find you easily in festivals, even while doing that crazy moonwalk you like to do sometimes!
If you want to stop sharing your location data, you can do so at any time in your device settings. When you disable location sharing through your device settings you will be unable to use the Services. Keep in mind that we’ve also implemented some cool features in the app that allow you to limit your location sharing on a person by person basis. Visit your profile to see what we mean.
You understand the Services work under normal conditions, but that the accuracy of location data depends on a number of factors such as sufficient network coverage, wifi connection, and so on. For example, if you’re in a building or area with low network coverage the map might not display correctly and your position in the app may not reflect your accurate location in real life.
This point may be obvious, but remember that your location on the map is the location of your device. For example, if you forget your device somewhere or lent it to a friend, your location on Morphus will not display your physical location, but instead the location of your device.
Morphus is a social network. This means that by default we share your actual location with new friends you accept and you will in turn be able to see the location of your new friend unless you or your friends changes location sharing preferences through either their device settings or the app itself.
The maps we use to show your location in the app are sourced from third parties. There may be geographical areas throughout the world that have not yet been processed and/or changes made in the world that the maps do not yet reflect such as new streets or changed street names, and so on. We love receiving feedback, so if you do spot any issues with the map please let us know: email@example.com . We will do our best to fix bugs and other issues you may flag.
4. Rights we grant you
Morphus grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Services. This licence 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 firstname.lastname@example.org !
6. Respecting other people’s rights
Morphus 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;
- spams or solicits our users.
You must also respect the rights of Morphus. 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 authorised 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.
We try hard to keep our Services a safe place for all users, but we can’t guarantee it. That’s where you come in. 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 authorised 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.
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. Morphus 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 Morphus community, you can terminate these Terms at any time and for any reason by deleting your account. You can delete your account by contacting email@example.com .
Morphus 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 (12 months).
Regardless of who terminates these Terms, both you and Morphus continue to be bound by Sections 2, 6, 9 – 17 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless Morphus 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.
We try to keep the Services up and running and free of annoyances,. 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 Morphus 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.
Morphus 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 Morphus, 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
Morphus 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) unauthorised access, use or alteration of your content. In no event will Morphus or their affiliates’ aggregate liability for all claims relating to the Services exceed the greater of €100 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 totally encourage you contact us first at firstname.lastname@example.org 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 Morphus 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 Delaware in the United States of America, unless this is prohibited by the laws of the country where you reside. You and Morphus consent to the exclusive jurisdiction of those courts.
15. Choice of law
The laws of Delaware in the United States of America 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 Delaware in the United States of America 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.
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 Morphus 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.
You can always contact us at email@example.com if you have questions or want to submit feedback about our Services. We always love to hear from our users.
Morphus is located at 7-26-7 Shinjuku, Shinjuku-ku, Tokyo - Japan.