End-User License Agreement
Acceptance of Terms
This is an agreement between Skramblr Communications Holdings Limited, a UK corporation (“Skramblr"), the owner and operator
of www.Skramblr.com (the “Skramblr Site”), the Skramblr software, which includes Skramblr Messenger (collectively, including
animations, “Skranimations”, greetings and all content provided by Skramblr through Skramblr Messenger and the Skramblr
Site, the "Skramblr Service", or the "Service"), and you (“you” or “You”), a registered user of the Service.
By registering, downloading and using the service, you fully understand and agree to be bound by these terms of service,
herein. If you do not agree with any of these terms, you do not have authority to use the Service.
Skramblr Service and Third Party Websites
These Terms of Service apply to all registered users of the Skramblr Service. Information provided by our users through the
Skramblr Service may contain links to third party websites which may not be owned or controlled by Skramblr. For this
reason, Skramblr has no control over, and assumes no responsibility for the practices, privacy policies or content of
any third party websites. Skramblr cannot censor or edit the content of third-party sites. The continuing use of the
Service will mean that you unconditionally acknowledge and agree that Skramblr shall not be responsible for any damages,
claims or liabilities that may be deemed to arise from or be related to your use of any third-party website.
Approval to Use Skramblr’s Service
Upon your compliance with these Terms of Service, Skramblr grants you authority to use the Service, on condition that:
- Your use is solely for your personal use
- You may not resell the Service or charge others for use of or access to the Service,
- You may not duplicate, transfer, share access with, reproduce or distribute any part of the Service in any medium without
Skramblr's prior written authorization;
- You may not attempt to alter or modify or reverse engineer any part of the Service
- You acknowledge and fully agree that you will have to provide Skramblr with your mobile phone number to be able to utilise
- You acknowledge and fully agree that Skramblr may from time to time access your contact list and address book on your
registered mobile devices in order to identify and keep track of mobile phone numbers of other users of the Service.
You consent to Skramblr to accessing your contact list and address book for mobile phone numbers in order to continue
to provide the Service.
- You agree to provide accurate and complete mobile phone number information at the time of your registration.
- You are responsible for any TimeLine or status messages that you publish on the Skramblr Service.
- You must notify Skramblr immediately of any breach of security or unauthorized use of your mobile phone. Although Skramblr
will not be liable for your losses caused by any unauthorized use of your account,
- you may be liable for the losses or damages caused to Skramblr or others due to such unauthorized use.
- You may not use or launch automated systems such as and without limitation, "robots," "spiders," "offline readers,"
etc that send request messages to the Skramblr servers.
- Public search engines may use spiders to copy materials from the website for the express purpose of generating publicly
available searchable indices of the materials. Skramblr reserves the right to revoke these exceptions either generally
or in specific cases.
- Users may not attempt to reverse-engineer our system, our protocols, or attempt to perform functions outside the boundaries
of the normal intended use of the Services by Skramblr users.
- You agree not to gather or harvest any personally identifiable information on users of The Skramblr Service, including
the user’s phone number.
- You agree not to use the communication systems provided by the Service for any commercial solicitation or spam purposes.
You agree not to spam, or solicit for commercial purposes, any users of the Service.
Scope of License:
This EULA, granted to you, (the end-user) for the Licensed Application is limited to a non-transferable license to use
the Licensed Application (Skramblr) on any mobile device, Android, iPhone or iPad touch or other mobile operating system
driven devices that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store and
Google Play Terms of Service and this EULA.
Intellectual Property Rights
All designs, interactive features, trademarks, service marks and logos contained within The Service ("Marks"), are owned
by or licensed to Skramblr and are subject to copyright and other intellectual property rights under The Laws of Ireland
and foreign laws and international conventions. Skramblr is provided to you AS IS for your communications and personal
enjoyment only. Skramblr reserves all rights not expressly granted in and to the Service. Under the terms of this user
agreement, you will not engage in the use, copying, or distribution of any of the Service other than expressly permitted
herein. This includes copying or distribution of Status Updates of third parties that you have obtained through the Service
for any commercial benefit.
Maintenance and Support:
This EULA provides that Skramblr is solely responsible for providing any maintenance and support services with respect to
the Licensed Application, as specified within this EULA, or as required under applicable law. Skramblr and you, the end-user,
acknowledge that Apple have no obligation whatsoever to furnish any maintenance and support services with respect to
the Licensed Application.
Status Updates on Skramblr
The Skramblr Service allows users to submit text, profile photos and other communications submitted by you, as "Status Updates"
within your TimeLine. These may be hosted, shared, and published as part of the Skramblr Service, and as such, may be
visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not
It is important to note that any direct communications such as text, photos and videos or files that you send directly
to Skramblr users will only be able to be viewed by those Skramblr users however Status Updates may be globally viewed
by any Skramblr users that may have your mobile phone number on their smartphone, unless they are blocked by you.
and you acknowledge and agree that any Status Updates placed by you may be globally viewed by any users that have your
mobile phone number. Do not submit or post status messages or profile photos and information that you expressly do not
want to be viewed globally.
Your Status Updates are your own and any user submitted statuses do not necessarily represent the views or opinions of
Skramblr. Skramblr makes no assurances as to the accuracy , validity or legal status of any information within a Status
You affirm and warrant that you have the required legal licenses, rights, consents, and permissions for the use of all patent,
trademarks, images and other proprietary rights in and to any and all Status Updates made by you, for inclusion and use
in your Status Submissions.
You affirm that you have the written consent, release or permission of each and every identifiable individual person
in the Status Submission to use their name or likeness in the manner contemplated by the Service and permitted within
these Terms of Service.
By uploading your Status Updates to Skramblr, you hereby grant Skramblr a global, non-exclusive, royalty-free, sub-licensable
and transferable license to display, distribute and reproduce the Status Updates in connection with the Skramblr Service
and Skramblr's (and its successor's) business, including the promotion, duplication and redistribution of part or all
of the Skramblr Service in any media formats and through any media channels.
Users of the Skramblr Service also grant each subscriber to your Status Updates, a non-exclusive license to access your
Status Updates, and such licence is terminated upon the removal or deletion of a Status Update.
In your Status Updates, you expressly agree that you will not:
Submit content that is subject to copyright or subject to third party proprietary rights, including privacy and publicity
rights, without permission from the rightful owner to post the content and to grant Skramblr all of the license rights
Publish misrepresentations, falsehoods, libellous or defamatory content that could damage Skramblr or any third party,
including content that is hateful, racially or ethnically offensive, unlawful, threatening, harassing, obscene, or encourages
criminal conduct, violate any law, or is reasonably determined to be inappropriate,
Impersonate another person for the purposes of personal gain, for a commercial activity or to place another person at
Transmit or purposefully store material containing harmful computer code such as software viruses, worms, Trojan horses
or other corrupted files or programs,
Undertake any action to interfere with or disrupt the integrity or performance of Skramblr’s Service or the data contained
within the Service,
Access the Skramblr Service or its related systems or networks in any way without authority or demonstrable legal right.
Objectionable content of any type will not be tolerated. Any form of adult content must be clearly identified as such
and may not be shared or broadcast to users. Skramblr does not endorse any Status Update or any opinion, recommendation,
or advice expressed therein, and expressly disclaims any and all liability in connection with Status Updates. Skramblr
will remove any content and Status Updates if it is determined that such content or Status update may be objectionable,
offensive or infringes on another person's intellectual property rights.
If you feel your copyright has been challenged by content posted on Skramblr, please send a written communication that
includes substantially your claims as to infringement and please follow Section 512(c)(3) of the Digital Millennium Copyright
Skramblr expressly reserves the right to take down content including Status Updates without prior notice and also terminate
a user's access to the Service, for any reason if it is determined that the user’s ongoing participation is not within
the spirit and intention of these terms and conditions of use.
Skramblr is not responsible for the content, accuracy, appropriateness or IP rights of or relating to any Status updates.
Whilst it is clearly stipulated in the terms here, that Skramblr will not tolerate the posting of any objectionable
content, you acknowledge that you may be exposed to Status Updates that may be offensive or objectionable, and you agree
to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Skramblr with respect
thereto. You agree to indemnify and hold Skramblr, its directors, officers, agents, affiliates, employees and licensors
completely harmless to the fullest extent allowed by law regarding any matters relating to your use of the Skramblr Service.
Skramblr reserves the right to discontinue any aspect of the Skramblr Service at any time.
Skramblr permits you to link to materials on the Service for personal purposes only.
Skramblr is not designed to be used for Emergency Calls
The Skramblr Messaging Service cannot be relied upon for emergency calls, such as ones made to Health Authorities, Ambulance,
law enforcement agencies, maritime safety authorities, fire brigade, or other emergency services.
By using the Skramblr Service, you agree that your use of the service shall be at your sole risk. To the fullest extent permitted
by law, skramblr, its directors, officers, agents, affiliates, employees and licensors disclaim all express or implied
warranties in connection with the service and your use thereof.
Warranty: Skramblr is solely responsible for any product warranties, whether express or implied by law, to the extent
not effectively disclaimed. This EULA provides that, in the event of any failure of the Licensed Application or any product
sold through the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple
will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted
by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application,
and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty
will be Your sole responsibility.
Product Claims: Skramblr and the end-user must acknowledge that Skramblr, not Apple, are responsible for addressing
any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or
use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the
Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation. This EULA may not limit Skramblr’s liability to the end-user beyond what
is permitted by applicable law. Skramblr makes no warranties or representations about the appropriateness, accuracy or
completeness of content and accepts no liability or responsibility for any inaccuracies of content, errors, mistakes
or personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service.
Skramblr makes no warranties or representations regarding any unauthorized access to or use of Skramblr servers and/or
any and all personal information and/or financial information stored therein Skramblr makes no warranties or representations
regarding any interruption or cessation of transmission to or from our service, any bugs, viruses, Trojan horses, or
the like which may be intentionally or unintentionally transmitted to or through The Skramblr service through the actions
of any third party.
Skramblr makes no warranties or representations regarding any errors or omissions in posted content or for losses or
damages incurred as a result of the use of any content transmitted, posted, emailed, or otherwise made available via
the skramblr service.
Skramblr does not assume responsibility, endorse, warrant or guarantee any product or service advertised or offered
by a third party through the skramblr service or any hyperlinked website or featured in any user status update or other
Skramblr is built to provide entertaining and safe communications for its users and subscribers and will not be, in
any way, responsible for monitoring transactions between users and third-party providers of products or services.
Limitation of Liability
Skramblr, its directors, officers, agents, affiliates, employees and licensors shall not be liable to you for any damages
whatsoever, be they direct, consequential, punitive, indirect, incidental, special, or resulting from errors or inaccuracy
of content, property damage of any nature whatsoever or personal injury, arising as a result of your use of The Skramblr
service. Skramblr, its directors, officers, agents, affiliates, employees and licensors shall not be liable to you for
any unauthorized access to or use of our secure servers or any and all personal information and/or financial information
stored therein, interruption or cessation of Services transmitted to or from our servers, any viruses, Trojan horses,
or the like, transmitted to or via The Skramblr Service by a third party.
Similarly, Skramblr, its directors, officers, agents, affiliates, employees and licensors shall not be liable for errors
or omissions in content or for any loss or damage of any kind incurred as a result of your use of any content posted,
emailed, transmitted, or otherwise made available via the Skramblr Service, whether based on contract, tort, warranty
or any other legal theory within jurisdictions covered by this agreement, and whether or not Skramblr is advised of such
the limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Skramblr, its directors, officers, agents, affiliates, employees and licensors shall not be liable for defamatory or
offensive user submissions or illegal conduct of any third party. You agree that the risk of harm or damage from the
foregoing rests entirely with you.
The Skramblr Service is controlled and offered by Skramblr from its facilities in Ireland and The UK. You agree that
Skramblr makes no representations that the content of the Skramblr Service is appropriate or must be available for use
in other locations. If you access or use the Skramblr Service from other jurisdictions you do so at your own volition
and are responsible for compliance with your local laws.
You agree to indemnify Skramblr:
You agree to indemnify, defend and hold harmless Skramblr, its parent corporation, officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including
but not limited to attorney's fees arising from your use of and access to the Skramblr Service including your violation
of any part of these Terms of Service or of any third party right, including without limitation any copyright, property,
or privacy right as well as any claim that one, or any part of one of your Status Updates caused harm to a third party.
You agree that this defence and indemnification obligation will survive these Terms of Service and your use of the Skramblr
Service. Provision of the Skramblr Servicebr
Skramblr provides the Skramblr Service. Users must supply their own mobile phone devices, communication devices, operating
systems and data connection as required to use the Skramblr Service under Users' own responsibility and at Users' own
Use and right of access to the whole or part of the Skramblr Service is reliant upon User Registration Requirements
including age, identification, current user status and adherence to the spirit and word of these terms.
Skramblr reserves the right to update, amend, modify or remove, at the Skramblr's absolute discretion, a whole or part
of the Service or of these terms and conditions at anytime without any prior notice to the Users.
Use of the Skramblr Service
You agree that your device information (OS type, serial number, PC hardware information etc.) will be acquired at times for
the provision of a better service, prevention of any unauthorized/fraudulent practices which interfere with normal Skramblr
operations as well as for identification purposes.
You agree that your IP address, browser type, and browser language have to be automatically obtained and stored so that
Skramblr may analyze user environments to provide a better Service, as well as to prevent any unauthorized/fraudulent
practices which interfere with normal Skramblr operations.
You agree that from time to time, the Skramblr Services may require location information transmitted from your mobile
devices which is only used as required to provide the designated service. If you have not allowed their location information
to be sent via the settings menu on their devices, such information will not be sent.
You agree that Cookies may be used to store your settings, record access info as well as monitoring your use of the
Service so that we may continually enhance it. You can deactivate Cookies, but then you will not be able to access parts
of the Skramblr Service or use parts of Skramblr that need Cookies such as users’ login.
Purpose of User Information
Information collected shall be used in accordance with the scope of that particular function for which it was collected.
For all other cases, the Company shall use the acquired personal information for the following purposes listed below:
1. Provision of secure, fully functional and smooth Service to users
2. Performance of identity checks when a user registers or makes an inquiry.
3. The processing of claims related to purchase of items and fulfilling paid services
4. Connecting people that the user knows, or possibly knows and registering them as friends
5. Prevention of unauthorized/fraudulent use of the Service
6. Analysis and aggregation of statistical data directly related to use of the Service
7. Research and analysis aimed at reviewing and improving Services
8. Efficient management and processing of user inquiries
9. Supplying information relating to the Service, advertising information from Skramblr partner businesses and provision
of information related to new future developments regarding the Service
10. Selection of winners for promotions & events, deliver rewards to those winners, and the delivery of purchased items.
11. notification of any other important information concerning the Service and other contact with Skramblr users as
Affirmation of Ability to Accept Terms of Service
Skramblr is the developer of the Service, with an address at Wiverton Hall, Nottinghamshire NG138GU, and e\: Team (at) Skramblr.com.
To proceed with use of the Services, you affirm that you are either over 16 years of age or possess legal parental or
guardian consent. The Skramblr Service is not intended for use by children under 16. You affirm you are fully able and
competent to enter into and be bound by the terms, warranties, conditions, representations, obligations, and affirmations
set out in this Terms of Service, and you will abide by and be fully compliant with these Terms of Service. Assignment
of Terms and Rights
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but
may be assigned by Skramblr without restriction. Amendment of the Terms and Conditionsbr Skramblr may amend the Terms
and Conditions when deemed necessary, without prior notice to Users. The amendments are effective when the amended Terms
and Conditions are posted on the website operated by Skramblr. Users are deemed to have granted valid and irrevocable
acceptance of the modified Terms and Conditions by their continued use of the Service. Users should refer to the Terms
and Conditions on a regular basis when continuing to use the Service, since a separate notification regarding the modification
to Terms and Conditions may not be provided.
Skramblr grants to Users the non-transferable, non-re-licensable and non-exclusive license to use the Contents provided by
Skramblr, only for the purpose of using the Service. Skramblr Users shall abide by the appropriate terms and conditions
when using any Content which is subject to additional fees, terms and periods of use. Notwithstanding situations where
phrases such as "Purchase", "Sales," and similar expressions appear on the Service screens, Skramblr remains the sole
and exclusive holder of all intellectual property rights as well as any other rights in the Contents offered to Users
by Skramblr, and such rights may not be transferred to Users.
Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service (including but
not limited to copying, transmission, reproduction, modification). If users wish to back-up all or part of the Submitted
Contents, they will need to do so themselves. Skramblr will not undertake the obligation of backing up any of the Submitted
The Skramblr Service may provide functions where multiple users can post, edit and delete or correct, items.
In such cases, the User who posted his/her Submitted Contents must agree to allow other Users to perform any editing
with respect to the Submitted Contents.
Users who post Content expressly agree to grant Skramblr a royalty-free, worldwide and non-exclusive license and right
to sublicense such content to other third parties associated with Skramblr, for an indefinite period, for promotional
Skramblr will make content available to users in the form of animated or non-animated video and images. This content
will be designed for general use.
No Adult content will be published on Skramblr. No offensive content will be published on Skramblr.
All animated and non-animated digital greetings or visual communications are appropriate for 16 years or more.
Skramblr has a zero tolerance for offensive materials whether they be racial, religious, political or professional.
All content made available by Skramblr is carefully vetted to comply with these terms.
Business Partners' Services
From time to time, Skramblr will have Contents or other services provided by business partners. Such business partners bear
full responsibility for any contents or services provided which are governed by the explicit terms and conditions relating
to such business partnerships.
Intellectual Property Rights: Skramblr and the end-user acknowledge that, in the event of any third party claim that
the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s
intellectual property rights, Skramblr, not Apple, will be solely responsible for the investigation, defence, settlement
and discharge of any such intellectual property infringement claim.
Legal Compliance: You (the end user) represent and warrant that (i) you are not located in a country that is subject
to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
and you further represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted
Third Party Beneficiary: Skramblr and the end-user acknowledge and agree that Apple, and Apple’s subsidiaries, are third
party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple
will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third
party beneficiary thereof.
You agree that:
The Skramblr Service shall be deemed solely based in The United Kingdom.
The Skramblr Service shall be deemed a passive server that does not give rise to personal jurisdiction over Skramblr,
either specific or general, in jurisdictions other than The United Kingdom.
That you agree to be subject to the jurisdiction of the laws of The United Kingdom in the event of any legal dispute.
These Terms of Service are governed by the internal substantive laws of The United Kingdom, without respect to its conflict
of laws principles. Any claim or dispute between you and Skramblr that arises in whole or in part from the Skramblr Service
shall be decided exclusively by a court of competent jurisdiction located in The United Kingdom. These Terms of Service,
including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Skramblr
concerning the Skramblr Service.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain
in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing
waiver of such term or any other term, and Skramblr's failure to assert any right or provision under these Terms of Service
shall not constitute a waiver of such right or provision. Skramblr reserves the right to amend or modify these Terms
of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not
agree to the revised Terms, your only recourse is to discontinue the use of the Skramblr Service. Your continued use
of the Skramblr Service following any amendment of these Terms of Service will signify your assent to and acceptance
of its revised terms.
You and skramblr agree that any cause of action arising out of or related to the skramblr service must commence within
one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Developer Contact Details:
You must state in the EULA Your name and address, and the contact information (telephone number; E-mail address) to which
should be directed.
Any end-user questions, complaints or claims with respect to the Licensed Application should be directed to:
Skramblr Communications Holdings Limited
U2 Lace Market Square