USER AGREEMENT AND PRIVACY POLICY

Last modified: August 10, 2019.

Your use of this website, including any of its pages, or our mobile offerings including applications, constitutes acceptance of these Terms and Conditions.

“aka” is a chat application for mobile built using the Telegram open source code, which you can find here. To the fullest extent permissible under GPLv2 license with an OpenSSL exception, which license may be viewed here and is subject to an OpenSSL exception, “aka” is not responsible for the actions or omissions of Telegram itself. “aka” makes no representations or warranties regarding the use or misuse of Telegram; to the fullest extent permissible under any applicable law, such warranties are DISCLAIMED, both as to Telegram and as to “aka”.

“aka” uses the Telegram API and does not transfer any user data to anyone.

Because “aka” is an application built on chat service, users may be exposed to content beyond the control of us. Users should carefully review Telegram's terms and conditions and FAQ for more information on how user may experiences may vary.

“aka” operates on the basis of Telegram’s open API and has additional functionality and design elements.

This software is licensed according to the GNU General Public License V2 (Mobile). We encourage developers to help improve the software or review the code. Email us at info@akamessenger.org if you'd like access to the source code for “aka”.

Due to the feature of the Application and the direct relationship with the servers and the Telegram equipment, all personal information of Users is transmitted and processed on servers and equipment of Telegram.

NOTICE TO RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM

All information that you submit to or through “aka” shall be provided by “aka” to Telegram insofar as “aka” is a tool for using Telegram. “aka” does not retain any of your information for any reason, except that certain pseudonymous information like IP addresses may be recorded by “aka” for internal marketing purposes, for example maintaining a running headcount of active users and for describing its reach to potential advertisers.

Telegram is a third party for purposes of the GDPR. You may contact Telegram at @Telegram on Twitter, or at @support or @telegram on Telegram. For more information on Telegram's use of your data and for exercising your “right to be forgotten,” please contact @GDPRBot or navigate to https://t.me/gdprbot

You may contact Telegram to delete your account here. Compliance with the General Data Protection Regulation as to information provided to Telegram directly or otherwise outside of the “aka” API shall remain the sole responsibility of Telegram.

• INFORMATION WE COLLECT
  • 1.1.aka is a communication service. You provide your mobile number and basic account data (which may include profile name, profile picture and about information) to create a Telegram account.
  • 1.2.To make it easier for your contacts and other people to reach you and recognize who you are, the screen name you choose, your profile pictures, and your username (should you choose to set one) on Telegram are always public. We don't want to know your real name, gender, age or what you like.
  • 1.3.Telegram is a cloud service and stores messages, photos, videos and documents from your cloud chats on its servers so that you can access your data from any of your devices anytime without having to rely on third-party backups. All data is stored heavily encrypted and the encryption keys in each case are stored in several other data centers in different jurisdictions. This way local engineers or physical intruders cannot get access to user data.
  • 1.4.In order for location-based features to operate, we use your device location. We only use your location during those features and we don’t store any of your location data.
  • 1.5.We store your up-to-date contacts in order to notify you as soon as one of your contacts signs up for Telegram and to properly display names in notifications. We only need the number and name (first and last) for this to work and store no other data about your contacts.You can always stop syncing contacts or delete them from our servers in Settings > Privacy & Security > Data Settings.
• TERMS AND DEFINITIONS
  • 2.1. According to the text of the Agreement, as well as in connection with the relationship between the Rights Holder and the Application User, the following terms and definitions apply.
    • 2.1.1.User - a capable adult physical person, who has passed the registration procedure in the Application, has civil law to acquire rights and bear obligations on its behalf and act as a party to the Agreement.
    • 2.1.2.Store - application store “App Store”, through which the User installed and launched the Application on his device.
• GENERAL PROVISIONS
  • 3.1.When using the Application, the User undertakes to comply with the Agreement, with all its integral parts, the rules of the Shops, other legal acts interrelated with the functioning of the Application.
  • 3.2.The right holder has the right, without the consent of the User, to involve third parties to fulfill the obligations under the Agreement, while remaining responsible for their actions to the User.
  • 3.3.The user undertakes to timely and independently familiarize himself with the current version of the Agreement. In case of disagreement of the User with the current edition of the Agreement, the User is obliged to stop using the Application.
  • 3.4.The User undertakes not to use possible errors of the software part of the Application in order to gain an advantage over other Users. The user undertakes to immediately report all errors he has identified in the Application to the Rights Holder.
  • 3.5.The user is responsible for the security of his account in the Application, and is obliged to take measures independently to ensure its security.
  • 3.6.The right holder is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to a violation of the Agreement by the User, as well as the terms of use of the Telegram.
  • 3.7.The User acknowledges and agrees that he/she should independently assess all risks associated with the use of the Application, including an assessment of the reliability, completeness or usefulness of the information contained in the Application.
• LINK TO TELEGRAM
  • 4.1.The application is developed on the basis of the Telegram API, accessible via the https://core.telegram.org/api link, which has open source code. The peculiarity of the Application is that all the functional features of the “Telegram” are saved in it, as well as new ones that are not included in the “Telegram”.
  • 4.2.It is impossible to access the User’s personal information through the equipment and / or the Copyright Holder’s server, since all user information is stored on its device and on the Telegram equipment.
  • 4.3.All cloud storage used in the Application belongs to the “Telegram”, the entire history of correspondence, contacts, files, media of the User is stored in his account and is displayed both in the Application and in the “Telegram”. This, in fact, is a single database.
  • 4.4.The main difference of the Application from “Telegram” is the possibility of using extra features, working on top of the existing one in “Telegram”.
  • 4.5.“aka” does not view or store information that you submit to Telegram. “aka” may be exposed to your telephone contacts, cloud-stored chat data, Telegram contacts, and other information that you provide to Telegram only if you address that information to us separately, for example by submitting a screenshot to “aka” in the course of submitting a bug report. “aka” may furthermore know such basic information about your relationship to Telegram such as whether or not you have created an account, and if your account has been deleted, insofar as we will return an error message to you if you are unable to access Telegram through the Telegram credentials that you supply to the “aka” app.
• LIMITATION OF LIABILITY
  • 5.1.The User understands and unconditionally agrees that he uses the Rights Holder’s services under the Agreement solely at his own risk and that the services are provided to the User on an “as is” and “as available” basis, namely the Rights Holder does not declare or guarantee that: - Services will meet the requirements of the User; - services will be provided continuously, timely, safely and without errors; - any information received by the User as a result of using the services will be full-time and reliable; - defects in the work or functionality of any software as part of the Application will be corrected in the expected time of the User.
  • 5.2.The User also understands and agrees that all Application services are provided “as is” and that the Rights Holder is not responsible for any delays, malfunctions, incorrect or untimely delivery, deletion or failure of any user personal or other information.
  • 5.3.“Telegram” is responsible for the quality of communication services presented in the Annex, the copyright holder “Telegram”. All claims for quality and term of service.
  • 5.4.Access to downloaded malware in the application.
  • 5.5.The right holder is not responsible for the loss of User data.
  • 5.6.The user agrees that the Application meets its requirements.
  • 5.7.Rights holders or their representatives are not responsible for users or from third parties, for any indirect, incidental, unintentional damages, including enhanced outcomes or lost data, harmful conditions, value or business reputation arising in connection with the use of applications, the contents of All, what can be done is access to help.
  • 5.8.In any case, right holder doesn’t bear any responsibility.
• INTELLECTUAL PROPERTY
  • 6.1.The design elements, all additional Features and other objects missing in the Telegram interface are subject to the exclusive rights of the Copyright Holder.
  • 6.2.The user is granted a personal non-exclusive and non-transferable right to use the Application on his device, provided that neither the User himself nor any other persons with the assistance of him will: - copy or modify the software; - create software-derived programs; - disassemble and examine the software in order to obtain program codes; - violate the rights of third parties; - to sell, assign, lease, transfer to third parties in any other form the rights with respect to the software provided to the User under the Agreement; - modify services, including in order to obtain unauthorized access to them.
  • 6.3.In the event of the discovery of a violation of intellectual property rights, incomplete information, inaccuracies or errors in the application, the respective copyright holder shall, in the pretrial order, contact “Telegram” by e-mail: dmca@telegram.org, “Telegram” is responsible for all cases.
  • 6.4.In any case, right holder doesn’t bear any responsibility on any intellectual property violation, where intellectual property provided by “Telegram” (for example, chat bots’ content, public groups’ and channels’ content, etc.)
• DISCLAIMER OF WARRANTIES
  • 7.1.These terms and conditions contain an express warranty disclaimer. downloading, installing, using, removing, or deleting “aka” shall be solely at the risk of the end user. to the maximum extent permissible under any applicable law, any applicable warranties, including warranties of merchantability and warranties of fitness for a particular purpose, are expressly disclaimed. you expressly indemnify and hold harmless “aka” for any damages arising from its use, downloading, installation, uninstallation, or any other use, including to the maximum extent permissible under any applicable local law actual damages, multiplicative damages, special or consequential damages. there are no liquidated damages under these terms and conditions.
  • 7.2.If you use “aka” or the services or features for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • 7.3.“aka” does not view content that you send through Telegram private chats. The transmission of any lawful that is unlawful to transmit, either as to its content, the method by which it is transmitted, or the age of the recipient or any other reason, shall constitute a material breach of these Terms and Conditions and may subject you to, among other penalties, immediate discontinuation of service without notice.
• FINAL PROVISIONS
  • 8.1.All disagreements or disputes that may arise between the parties to the Agreement should be resolved in the pretrial order through negotiations, the sending of claim letters. The deadline for responding to a claim is 10 (ten) business days. Claims of the User are accepted and considered by the Copyright Holder only in writing.
  • 8.2.“aka” reserves the right to update all the above Terms and Conditions at any time without notice.