Term of Services

Togee Effective as of: 20.05.2020

Last updated: 20.08.2022

1. GENERAL

1.1. This Terms of Service (“Terms”) includes the terms and conditions for accessing and using the software and mobile application in the sole property of Togee Technologies AB (org. number: 559074-4040, registered seat: BOX 659, 116 74 Stockholm, Sweden).

1.2. In order for Togee ("Togee", "our", "we" or "us") to provide our Service through our apps, services, features, software, or website, you need to agree to our Terms of Service ("Terms"). By registering, installing, accessing, or using our apps, services, features, software, or website, you agree to the Terms.

1.3. Present Terms of Use is effective as of 20.05.2020 and remains effective until revoked.

1.4. Any questions not mentioned in the present Terms and the interpretation of these present Terms shall be governed by Swedish law. The binding provisions of all relevant laws and regulations shall apply to the Parties without any special stipulation.

1.5. Togee is entitled to unilaterally modify the Terms with prior notification to the Users affected by the amendment. For users who use the Service after the modification, the modified Terms become effective on the date of its announcement by expressly accepting the modified Terms by entering the Togee application. Should you not agree with the Modified Terms, you have the right to stop using the Service and delete your account at any time by sending an e-mail with the request to support@togee.com

1.6. Present Terms can be found in the Togee application or on Togee’s website https://www.togee.com/terms-of-service

1.7. The structure of the present Terms and the division of its chapters is for information purposes only and serves the purpose of facilitating transparency and has no effect on the interpretation of the Terms.

2. DEFINITIONS

2.1. The following definitions will apply in this Terms and any reference to the singular includes a reference to the plural and vice versa.

2.2. “Host” means a User who invites the other Participants into the Room, and there can be only one Admin in the Room at the same time. Admin is the only Participant who can control the shared Content on the screen except for doodling.

2.3. “Compatible Device” is Android and iOS operating systems on mobile devices and macOS or windows on desktop devices.

2.4. “Content” means all information, data, text, music, sound, photographs, graphics, video, messages, webpages, links or other material that User creates, submits, uploads, posts, shares or sends with the use of the Services.

2.5. “Live Session” means a unique function of the Togee app, where the User is able to share their mobile screen with all of the participants of the Live Session, meanwhile having a video call, texting and doodling.

2.6. “Viewer” means the User who uses the Services at the same time in the course of a Live Session or in the Room.

2.7. “Room” means the common chat platform with unlimited Viewers included, where Viewers are invited by the Host or other viewers, they can watch the Content shared by the Host, star mark pages, forward list of star marked pages and can chat with each other. Host is the only Participant who can control the shared Content on the screen. (See below Section 7.4.)

2 2.9. “Screen Recording” means live recording and sharing of the screen of the Host during a Live Session. Screen Recording does not mean that the video of the screen shared during a Live Session is recorded, stored or accessed by Togee.

2.10.“Services” means at all times the functionalities and use purposes made available by Togee for Users, through the Togee app.

2.11.“Togee app” means an official application developed and operated by Togee subject to these Terms that can be used from web browsers on Android, IOS, macOS and windows operating systems.

2.12.“Togee button” means a floating button with the Togee logo that can be used to start a Live Session and reach certain app functions specified in these Terms.

2.13.“User” means the registered user for the Service that enters into an agreement with Togee.

2.14 "Client" means the website owner who rightfully holds a license to enable the Togee app.

3. SYSTEM REQUIREMENTS

3.1. Use of the Services requires one or more Compatible Devices, Internet access (fees may apply), and may require obtaining updates or upgrades from time to time. High speed Internet access is recommended.

3.2. Due to the fact that use of the Services involves hardware, software, and Internet access, your ability as a User to access and use the Services may be affected by the performance of the factors specified in 3.1.

3.3. You acknowledge and agree that being in possession of and having access to such system requirements, which may be changed from time to time is your responsibility.

4. GENERAL RULES TO THE SERVICE

4.1. You must use, install or access certain devices and data connections in order to use our Service. If such use, installation or access is not in place, the Service cannot be supplied. Furthermore, you consent to the automatic updates to our Service. This is required in order for the Service to be used.

4.2. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Service.

4.3. In order for us to provide the best possible user experience, we constantly innovate the Service and our technologies. This means that the form and nature of the Service that Togee provides may change over time. You acknowledge and agree to such changes without receiving prior notice from us.

4.4. You agree that you will be solely responsible to Togee, and to others for all activity that occurs under your Togee Account.

4.5. If you become aware of any breach of security or unauthorized use of your Togee Account, you must notify us immediately. Upon notification, our development team does everything to resolve the issue as quickly as possible.

4.6. You are hereby granted permission by Togee to access and use the Service, subject to the conditions expressed in these Terms. Furthermore, you agree that a failure to adhere to any of these conditions from your part shall constitute a breach of these Terms.

4.7. Togee may, from time to time, offer access to services that are classified as a Public Beta version. Access to and use of Beta versions may be subject to additional agreements. Togee makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and your use of a Beta version is at your sole risk.

4.8. The Services are not designed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Services shall not be used for or in any HIGH RISK environment.

5. USER ELIGIBILITY

5.1. You must be at least 18 years old to use our Service or the greater age that is stipulated by local laws in your country, in order to register for or use our Service.

5.2. If you do not fulfil the minimum age requirement to use our Service under applicable law, or if you are not old enough to have authority to agree to our Terms in your country, parental or guardian consent on your behalf is required in order to accept our Terms.

5.3. Togee can delete your account without it being restorable if you violate the eligibility criteria or any other laws or our policies without being liable for any financial obligations or other further consequences towards you.

5.4. In case Togee has previously disabled your account for violation of law or any of our policies in any aspect, pursuant to these Terms, you are not considered an eligible User, and are not allowed to register for a new Account.

5.5. By registering an Account and using the Services, you state that: - you can enter into a binding contract with Togee; - your account has not been previously disabled by Togee; - you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.

6. ACCESSING THE SERVICE

6.1. You will need to have a web browser application (e.g. Google Chrome, Safari) installed on your device in order to use the Services. Furthermore, the Service can only be used on websites that have installed the Togee Application. In some cases the Service accessibility may be limited to specific pages requested by the relevant Client.

6.2. The onboarding process requires you to enter a temporary username. We do not verify the authenticity of provided name to minimize the processing of personal data. However, Users can be reported and blocked based on IP addresses if We detect violations of the user guidelines stated herein.

7. FUNCTIONS AND USE OF THE TOGEE APP

We feel it is important that you have an overview on the functions of the Togee app and to understand exactly what you can use it for. Therefore, in this chapter, we briefly describe the different platforms and uses of the Togee app.

7.1. The onboarding

7.1.1. Once you have entered your temporary username you will be able to access the functions of the Service.

7.1.2. During the onboarding process, we will also ask you for certain permissions that are necessary for the proper functioning of the app. The main permissions we will need from you are:

a) access to front and back camera

b) access to the microphone

c) access to screen recording

If your permissions are not complete you acknowledge that the Togee app could be malfunctioning. We specifically want you to understand that Screen Recording does not mean that Togee is recording or accessing any of your shared screen content, this permission is only used in a way described in Sections 2.9. and 7.5.2. of these Terms.

7.1.3. After going through the previous steps and permissions needed, you are able to use all functions of the Togee application.

Other functions:
a) star mark pages

b) forward star marked pages

c) doodle on-top of website content

d) chat

7.2. Your menu

7.2.1. When you pull up the toolbar, you can see see information about the show, such as; name, number of viewers, website owner and star marked pages that has been added during the session. You will also be able to end the room if you are the Host or leave the room if you are a Viewer. The menu is also where you can report the host.

7.3. The chat

a) All the participant can use the chat.

b) Viewers need to enter a Username to be able to send messages in the chat.
b) The chat is automatically regulated by a profanity list, that blocks bad language.

c) you can scroll to see the entire history of messages since the time you entered the room

7.4. The Room

7.4.1. In the Togee app, we call the view where you can see the participant, the whole conversation and chat history in a particular chat the “Room”.

7.4.2. In the Room you can text, chat and share content with all of the people in the same Room. The maximum number of participants in a Room is unlimited.

7.4.3. The viewers will not be able to see the website content from the Host until they have started screen sharing

7.5. The Live Session In the Togee app, you can start a live screen sharing session with your friends, where all of your friends in the Live Session will be able to see your screen and interact.

7.5.1. Initiate Live Session

7.5.1.1. You can initiate a Live Session from the Client website by clicking on the Togee button.

7.5.1.2. Notifications and messages from other applications while screen sharing will not be displayed to the viewers unless you choose to share your entire screen from desktop devices.

7.5.1.3. Private Room or Public Room. When initiating the Live Session, you can choose to start a Private or Public Room depending on your preference.

Private room

Only you and those who you invite can share the link to join the room.

Public room

You grant Togee and the relevantClient rights to:

a) Re-distribute the link to join the room publicly.

b) Use and re-distribute the video and screen share recording from the session.

7.5.2. During the Live Session

7.5.2.2. Once a Viewer has joined the Live Session, the viewer count in the menu will be updated.

7.5.2.3. When a Viewer joins the chat their selected name along with a message that they joined will be displayed in the chat.

7.5.2.4. Only the Host who initiated the Live Session is able to share their screen and stream media from their camera and microphone.

7.5.2.5. All of the texts sent during the Live Session will be permanently deleted once the room has been ended by the Host.

7.5.3. Ending the Live Session

7.5.3.1. When you want to end or leave the Live Session, you need to pull up the menu from the toolbar and then tap on the option to end/leave the room.

8. PROVISION RELATED TO THE CONTENT

Because the Togee app revolves around Content created and submitted, we have included a separate section in our Terms related to this Content.

8.1. Your Content and rights to the Content

8.1.1. As a User of the Service, you can create, submit, upload, post, send, share, receive and store content. Depending on if you choose a Private or Public room you will either solely own or share the rights to the Content.

Private Room
the content which is shared in the chat with the other Users, cannot be deleted individually, but the Host can end the room which deletes all the chat history, created in that room, in line with our privacy policy. You retain all of the ownership rights in the Content you create.

Public Room
By choosing the above, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute that content (consistent with your privacy and application settings). This licence is for the limited purpose of operating, developing, providing, promoting and improving the Services and researching and developing new ones. This right applies as long as you use the Services.

8.1.2. As the owner of the Content, you understand and agree that you are solely responsible for the Content and the consequences of creating, submitting, uploading, posting, sending, storing or publishing it. Togee does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Togee expressly disclaims any and all liability in connection with the Content.

8.1.3. You agree that any Content to which you have no rights or that in other ways is unlawful for you to possess, or that would be unlawful for Togee to use or possess, will not be used, uploaded or shared by using the Service.

8.1.4. Under no circumstances will Togee be liable in any way for any

a) Content that is transmitted or viewed while using the Services,

b) errors or omissions in the Content,

c) any Content that constitutes copyright infringement or

d) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content.

8.1.5. Togee reserves the right to, when becoming aware of any potential violation of the Terms, decide whether Content is complying with the requirements set out in the Terms. Furthermore, Togee reserves the right to remove such Content or terminate your account if you upload such Content, without prior notice.

8.1.6. Togee also reserves the right to monitor and delete any content in case when it is necessary to comply with our legal obligations or when the Users commit violations against law or our policies.

8.2. Copyright

8.2.1. You warrant that the Content you submit, upload or share to the Service will not contain any thirdparty copyright material that would constitute an infringement, or material that is subject to other third party proprietary rights. You represent and warrant that you have all necessary licenses, rights, consents, and permissions which are required to enable yourself and Togee to use and share the Content within the use of the Service.

8.2.2. Togee honours copyright laws, we therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. Should Togee become aware that a User has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the User’s account.

8.2.3. Any User may report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report it support@togee.com. 8.3. The content of others

8.3.1. Togee reserves the right to review all content that appears on the Services and to remove any content that violates these Terms or the law, however, we do not necessarily review all of it.

8.3.2. We clarify in these Terms that we do not want the Services to be put to wrongful and unlawful uses. However, because we do not review all content, we cannot guarantee that content on the Services, or that our users’ use of our Services, will always conform to and comply with our Terms.

8.3.3. You may report Content that you believe is not compliant with our Terms or is unlawful by hello@togee.com. (graphic violence, pornography, etc.) We will review all reports and act as we see necessary, e.g. remove inappropriate Content or terminate the Account of the User.

8.3.4. Our Services may contain advertisements. Togee lets you access and use our Services, in consideration, you agree that we, our affiliates and our third-party partners may place advertising on the Services. These advertisements may include personalized advertising based upon the information you provide us or we collect or obtain about you, consistent with our Privacy Policy. Because of the fact that the Services contain content that you and other Users have provided us, the advertisements may in some cases appear near, between, over or in your Content.

9. LINKS ON THE SERVICE

9.1. As a User you may include and share links on the Service to other websites that are not owned or controlled by Togee (Third party websites). Togee does not exercise any control over such third-party websites and assumes no responsibility for the content, privacy policies, or practices related to them.

9.2. You acknowledge and agree that Togee is not responsible for the availability of any third-party websites or resources. Togee does not endorse any advertising, products or other materials on or available from such third-party websites or resources.

9.3. You acknowledge and agree that Togee is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, including purchases and online orders from external sites.

10. PROHIBITED USE

10.1. In order for you and all of the other Users to get the best experience, and for us to be able to provide the Services smoothly and without disturbance, you need to agree to restrain from certain uses and acts specified in this chapter, in relation to the Togee app.

10.2. You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, build or benchmark a competitive product or service or otherwise exploit for any other purposes that are inconsistent with these Terms any content of any part of the Service, including but not limited to any content, in any medium without the prior written authorization of Togee or the respective licensors of the content. This does not apply if Togee makes available the means for such distribution through functionality offered by the Service.

10.3. You agree not to alter, modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise gain access to the source code of the Service or any part thereof.

10.4. You agree not to access content through any technology or means other than those offered through the functionality of the Service.

10.5. You agree not to do anything that interferes with, impairs, harms, abuses or disrupts the intended operation and performance of the Service.

10.6. You agree not to circumvent, disable or otherwise interfere with any Service security related features or features that

(i) prevent or restrict use or copying of content or

(ii) enforce limitations on use of the Service or the content accessible via the Service.

10.7.You agree to only access content for personal reasons, non-commercial use solely as intended through and permitted by the normal functionality of the Service (prohibited activities are according to this section - included but not limited to - the use of a domain name or URL in your username without our prior written permission, and buying, selling, transferring any aspect of your account (including your username).

10.8.You agree not to use the Service for illegal, fraudulent, false, misleading or unauthorized activity (included but not limited to: transmit through the Service any material that may infringe or violate the intellectual property or other rights of third parties; using the Service to communicate any message or material that is harassing, bullying, libelous, threatening, obscene, indecent, violent or is otherwise unlawful and would give rise to civil liability, or constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; impersonating others; providing inaccurate information; creating an account for someone else without any prior expressed permission; posting private or confidential information; making audio and video recordings without the consent of subjects).

10.9.You agree not to use the Service in violation of our policies, or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy and anti-terrorism laws and you agree that you are solely responsible for compliance with all such laws and regulations.

11. INTELLECTUAL PROPERTY RIGHTS

11.1.Togee expressly declares that it owns all proprietary rights to the Togee app and all copyright, industrial property rights and related rights in and to all elements of the Togee app, and that no third party has any right whatsoever to prevent or inhibit the User's use of the software or other system component.

11.2.These Terms shall in no way affect the intellectual property of Togee in connection with any intellectual property related to the Togee app and the Services, or its unlimited and exclusive use rights. These in any event, remain solely the property of Togee or use thereof, and you, as the User will not acquire any copyright, user, intellectual property, or other rights in the Togee app, neither unlimited, nor limited.

11.3.All elements of the Togee app (Especially goodwill, domain, company name, graphics, trademark, etc.) are protected by the Togee’s copyright and, where applicable, by its intellectual property rights. Use, processing, copying, reproduction, distribution, storage of these in any way, use for any purpose other than specified in these Terms, without the express written consent of the right holder, constitutes copyright infringement, which entails appropriate legal consequences.

11.4.Retrieving any material from the Togee app or its database is only possible by referring to the Togee app, even if the retrieval happens with the written consent of Togee.

11.5.Togee reserves all rights to all elements of the Togee app and Services, interpreted in a broad sense, including domain names, associated domain names, and internet advertising space.

11.6.Under no circumstances may your use of the Service cause the source code to be decrypted or decompiled by you, and, as the User shall not otherwise, in any way infringe upon Togee’s intellectual property rights.

11.7.It is also prohibited to adapt the contents or parts of the Togee app and the Services, and the use of any application to modify or index the Togee app or any part thereof (e.g.: search engine, or any other decryptor).

11.8.In the event of a copyright infringement, Togee may enforce its right to damages and any other legal consequences against the infringer.

12. EXCLUSION OF WARRANTIES

12.1.Togee cannot promise that the Services will always work flawlessly, despite trying to, and doing its best to provide you with a good user experience and smooth Services free of annoyances.

12.2.We cannot guarantee 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.

12.3.The Service is provided on an "as is" basis and Togee makes no warranty or representation to you with respect to them.

12.4.Togee wants you to know that you have certain consumer rights according to the laws of the country you live in. These rights are statutory rights, you are always entitled to them as a customer and you cannot agree to alter or waive them. This means that they cannot be overruled by these Terms, and these Terms do not affect them.

12.5.Togee is not responsible for any damages resulting from the use of the Services, especially the ones arising from the following actions: downloading, obtaining data through the use of the Services, retention of any User information or communications between Users. Using the Services happens always at your own risk.

13. LIMITATIONS OF LIABILITY

13.1.Togee, is not liable for any damages, loss of profits or revenues, or any loss of data, use, goodwill or other losses, if these result from (i) your use of the Services; (ii) your access or inability to access the Services; (iii) the conduct or content of other Users or third parties on or through the Services; or (iv) unauthorized access, use or alteration of your content.

13.2.Nothing in these Terms, including the limitations above shall exclude or limit Togee’s liability for losses which we cannot lawfully exclude or limit according to the applicable law.

14. INDEMNIFICATION

14.1.You agree to indemnify Togee, our affiliates and every contracted colleague or partner, if relevant, from any and all claims of third parties that arise in relation to your usage of the Togee app or any other act that is against these Terms.

15. YOUR PERSONAL DATA

15.1.You can read about the personal data we collect from you and how we use them in our Privacy Policy, which you can find in the Togee app or on our website www.togee.com]. You are responsible for providing us with real, valid and up-to-date personal data. Any consequences arising from false, wrong, untrue or misleading data shall be borne solely by you.

16. MISCELLANEOUS

16.1.If any court of law that has jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the remaining. The remaining provisions of the Terms will continue to be valid and enforceable.

16.2.These Terms and your relationship with Togee under the Terms, shall be governed by Swedish law.

16.3.These Terms have been prepared in English, and the English version shall govern at all times, no matter how many other versions in different languages are added later on.

16.4.You may terminate these Terms between you and Togee by deleting your Account. We also have the right to terminate immediately, by deleting your Account if you violate our Terms. After termination you no longer have access to your Account.