Radius messenger | Terms and conditions of use

Radius Messenger

Terms and Conditions

These Terms and Conditions (further - Terms) govern your use of the Radius Messenger (further - Radius, Application, App, we, us, our or other similar pronouns), the radius.im website (further - Site) and other services (further - Services) provided by Radius LLC. These Terms apply to all users of the Application and Services. By accessing or using Radius or our Services, you automatically agree to these Terms. You must comply with these Terms and our Privacy Policy.

Radius is offered to you under a license, so you can use Radius on your mobile device as long as you follow the terms of this license.

It is important that you read the entire document to better understand our practices and how to use Radius accordingly. There are, however, a few key points that we need to emphasize:

NO ACCESS TO EMERGENCY SERVICES: Radius is not a replacement for your ordinary mobile or fixed line telephone. Radius does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.

CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the software. It is your responsibility to ensure that you are legally allowed to use Radius where you are located.

1. Scope of License

After downloading our software, Radius grants you a personal, limited, nonexclusive, nontransferable right and license to use our Services. When you download our software, you are not granted any ownership right to our software merely the rights described in this document. You may use the Radius App on any mobile device that you own or control.

As a user, your license is limited to your personal use, entertainment and communication only. This means you cannot rent, lease, lend, sell access to our software, share your license to use our Services with anyone else, redistribute or sublicense the Radius App. You may not attempt to copy our software, decompile, reverse engineer, dissemble, derive the source code, modify, or create derivative products of the Radius App or any of its parts. You may not use our Services for commercial purposes without our express written permission. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and reparation of damages. If you violate the Terms and Conditions or the Privacy Policy we may at our discretion revoke your license. You agree that we have the final discretion in determining violations by you.

2. Consent to Use of Data

Our receiving, collection and use of information about you from your use of our Services is more fully described in the Radius Privacy Policy.

By using Radius, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and Application software and peripherals. This data is gathered periodically to facilitate the provision of software updates, product support and other Services. We may use this information to improve our products or to provide our Services to you.

3. Registration Confirmation

While registering in the App you indicate your phone number. After registration a verification password will be sent to your phone number. Having registered at Radius you agree to receive verification passwords from our App. We do not ever use your contact information for advertising or spam.

4. Changes to the Terms

We may revise our Terms from time to time and modify them if needed. We reserve the right to update the information with or without notification, but you will always be aware of the changes due to the date of the update at the bottom of the document. The changes will be effective when published. Please review these Terms on a regular basis. You understand and agree that your acceptance of the Terms or your use of the Services after the date of publication of varied Terms shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Radius.

5. Termination

The license is effective until terminated by you or by us. You can stop using Radius at any time. To do so you simply delete our Application and stop using our Services. Radius has the right to terminate your license to use the Application without notice if you:

  • fail to comply with any of our Terms;
  • use our Services to break the law or infringe third party rights;
  • try to exploit or misuse any of our Services;
  • use our products unfairly or fraudulently.

Upon termination of your license, you shall cease all use of the Radius App, and destroy all copies of the Application.

6. Services

Once you have downloaded the Application and become a Radius user, you can send messages to any other Radius user for free. In addition, Radius offers you the opportunity to communicate in geo-chats with people located in one place (restaurant, coffee shop, park etc.). These Terms apply to all Radius users.

6.1 The Application allows its users to submit texts, photos, videos and other communications (further - Submissions). These user Submissions may be hosted, shared, and/or published. They may be visible to other users of the Application who have your mobile phone number. You acknowledge and agree that other users that have your mobile phone number may view your Submissions. You retain your ownership rights in your user Submissions. You understand that Radius does not guarantee any confidentiality of any Submissions, whether they are published or not. You shall be solely responsible for your own Submissions and the consequences of posting them. Radius makes no guarantees as to the validity, accuracy or legal status of any Submission. In connection with your user Submissions, you affirm, represent, and warrant that:

  • you own or have the necessary licenses, rights, consents, and permissions to use the information you send in your Submissions;
  • you have the written consent and/or permission of the individuals referenced in your Submission;
  • you agree that you will not violate any of the restrictions listed in Prohibited Uses below.

We do not endorse any user Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any liability in connection with Submissions. Radius does not permit copyright infringing activities and infringement of intellectual property rights via its Services, and we will remove all content and Submissions if properly notified that it infringes upon intellectual property rights of other persons.

6.2 The Application allows you to use geo-chats.

Geo-chats are public chats linked to the physical coordinates of the place on the map (restaurant, coffee shop, park etc.). Radius users who are located near the particular geo-chat can communicate there. Any geo-chat user may view all the participants’ messages.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content, to suspend or terminate users, and to block participants of geo-chats. We also reserve the right to respond to user support requests or reports provided through the Radius App, or protect the rights, property or safety of Radius, its users and the public.

You can always leave a geo-chat if you find it to be unsuitable for you in any way.

6.3 Information provided by our users through the Application may contain links to third party websites that are not owned or controlled by us. Radius has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Radius will not and cannot censor or edit the content of any third-party website. By using our Services, you expressly acknowledge and agree that Radius shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You will need to make your own independent judgment regarding your interaction with these third party sites.

6.4 While using the Application, you may encounter content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use our Services at your sole risk. We shall not have any liability to you for such content. You agree not to exploit Radius in any unauthorized way whatsoever.

6.5 We make no representation that Radius is available for use in any location. When you choose to access our Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including local laws. We reserve the right to change, suspend, remove or disable access to our Services at any time without notice. In no event will we be liable for the removal of or disabling of access to our Services. We may also impose limits on the use of or access to Radius without notice or liability.

6.6 We may automatically check your version of the Application. Radius is not obliged to make any updates available. However, we may require you to download and install updates or automatically download and install updates to your device.

6.7 We welcome your feedback, ideas, proposals, comments and suggestions (further - Feedback) for improving our Services. By sending us Feedback, you agree that:

  • your Feedback doesn’t contain the confidential or proprietary information of third parties;
  • we are under no obligation of confidentiality with respect to your Feedback;
  • we are free to independently use the Feedback for any purpose, without any restriction or compensation to you.

6.8 You may link to our Site or Application from another website owned by you, if it is fair and legal. You may not suggest any form of association, approval or endorsement by Radius where there is none.

7. Code of Conduct

You are responsible for all activities that occur under your user Account. You agree to notify Radius immediately of any unauthorized use of your Account or any breach of security with respect to your Account. Radius will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your Account. Radius takes no responsibility for your failure to comply with the obligations in this paragraph. By agreeing to these Terms, you agree that, when using the Services, you will follow the following rules

7.1 Prohibited Uses:

  • use or store materials containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  • publish material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of any third party;
  • publish falsehoods or misrepresentations that could damage Radius or any third party;
  • attempt to gain unauthorized access to the Service;
  • intercept or monitor, damage or modify any communication which is not intended for you;
  • use (including as part of your name or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
  • collect any personally identifiable information including account names;
  • impact the availability of the Services with DOS, DDoS attacks or in any other way;
  • impersonate or misrepresent affiliation with another person or entity.

8. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW RADIUS MAKES NO WARRANTIES OR GUARANTEES WITH RESPECT TO YOUR USE OF THE SERVICES. YOU EXPRESSLY ACNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. RADIUS WILL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER DEFFECTS RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, TREATMENT, REPAIR OR CORRECTION.

RADIUS TAKES NO RESPONSIBILITY AND ASSUMES 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 RADIUS WILL BE RESPONSIBLE FOR.

9. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER TO THE EXTENT NOT PROHIBITED BY LAW. IT INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).

10. Export Control

You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users and end use.

11. Ownership Rights

Our Services (including Site, Application, any content or information contained therein) are protected by copyright and other intellectual property laws and treaties. Radius LLC owns the title, copyright and other intellectual property rights in the Site, Application and Services, all copies, modifications and derivative works, underlying software and any user Feedback. Your use of our Services does not grant to you, nor do you acquire any ownership rights in the Radius technologies.

12. Jurisdiction

The laws of Arizona State (the United States), excluding its conflicts of law rules, govern these Terms and your use of the Application. Your use of Radius and our Services may also be subject to other local, state, national or international laws.

13. Indemnity

You will indemnify, defend and hold harmless Radius from and against any and all claims, suits, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to the content, your use of Radius Services or your breach of these Terms.

14. Acceptance of Terms

You affirm that you consciously and on your own accord agree to comply with these Terms. The Service is not intended for children under the age of 12. Those, who are under the age of consent in their jurisdiction to form a binding agreement (but more than 12 years old), should affirm that:

  • you are an emancipated minor;
  • or you possess legal parental or guardian consent;
  • you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms.

15. General

This document is the entire agreement between you and Radius LLC relating to our Services and supersedes all prior oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by these Terms. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms.

Our Terms and Privacy Policy may not be modified or amended except as described herein or otherwise with the written agreement of Radius.

Last update: 19.04.2016