Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using the Shottly mobile application ("App") and any related services (collectively, the "Services"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Services.

These Terms constitute a legally binding agreement between you and Shottly ("we," "our," or "us"). We reserve the right to modify these Terms at any time. Your continued use of the Services following any modifications constitutes your acceptance of the revised Terms.

2. Description of Services

Shottly is a real-time private messaging application that enables users to:

• Register an account and start direct or group conversations.
• Send text messages, photos, videos, voice recordings, files, and disappearing snaps.
• Create and vote in polls within chats.
• React to messages with emoji and see detailed reaction summaries.
• Preview shared URLs with rich link cards.
• Manage group chats with admin controls, pinned messages, and disappearing message timers.

The Services are provided on an "as-is" and "as-available" basis. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

3. Eligibility

You must be at least 13 years of age (or the applicable minimum age of digital consent in your jurisdiction) to use the Services. By using the Services, you represent and warrant that you meet this age requirement.

If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

4. User Accounts and Connections

4.1 No Account Registration

Shottly requires account registration to use the Services. You create an account with a username and password. You may optionally enable two-factor authentication (2FA) via TOTP for enhanced security.

4.2 Account Credentials

You are responsible for maintaining the confidentiality of your username and password. Do not share your credentials with others. We are not liable for any unauthorized access resulting from your failure to protect your account credentials.

4.3 Two-Factor Authentication

We strongly recommend enabling two-factor authentication (2FA) on your account. If you lose access to your 2FA device and do not have recovery codes, we may not be able to restore access to your account.

4.4 Display Names

You are required to choose a username when registering. Your display name must not impersonate another person, contain offensive or inappropriate content, or violate any applicable laws.

5. User Content

5.1 Ownership

You retain all ownership rights to the content (photos, videos, captions, comments) you share through the Services ("User Content"). By sharing User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to store, process, transmit, and display your User Content solely for the purpose of providing the Services.

5.2 Content Responsibility

You are solely responsible for all User Content you share through the Services. You represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to share the User Content.
• Your User Content does not infringe upon any third party's intellectual property rights, privacy rights, or any other legal rights.
• Your User Content complies with these Terms and all applicable laws and regulations.

5.3 Prohibited Content

You agree not to share content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Contains sexually explicit material involving minors (child sexual abuse material — CSAM).
• Promotes violence, terrorism, hate speech, or discrimination based on race, ethnicity, gender, religion, sexual orientation, disability, or national origin.
• Contains viruses, malware, or any code designed to disrupt, damage, or limit the functionality of any software or hardware.
• Infringes upon any patent, trademark, trade secret, copyright, or other intellectual property right of any party.
• Constitutes unauthorized advertising, spam, or solicitation.
• Impersonates any person or entity, or misrepresents your affiliation with any person or entity.
• Contains personal or sensitive information of another person without their explicit consent.

5.4 Content Removal

We reserve the right (but have no obligation) to review, monitor, and remove any User Content that violates these Terms, without notice. We may also terminate or suspend access to the Services for users who repeatedly violate these Terms.

6. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer, or database connected to the Services.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services.
• Use the Services to transmit unsolicited commercial communications (spam).
• Circumvent, disable, or otherwise interfere with any security-related features of the Services.
• Use the Services for any commercial purpose without our express written consent.

7. Intellectual Property

7.1 Our Property

The Services, including but not limited to the App design, code, graphics, logos ("Shot" in red, "tly" in yellow), user interface, and documentation, are owned by us and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written consent.

7.2 Trademarks

"Shottly," the Shottly logo, and all related names, logos, and slogans are trademarks of Shottly. You may not use these trademarks without our prior written permission.

7.3 Open Source

Certain components of the App may use open-source software libraries, each governed by their respective licenses. Nothing in these Terms restricts or limits your rights under any applicable open-source license.

8. Third-Party Services

The Services rely on third-party infrastructure and services, including but not limited to:

• Cloudflare: For API hosting, content delivery, and data storage.

Your use of the Services is also subject to the terms and policies of these third-party providers. We are not responsible for the practices or policies of any third-party services.

9. Disclaimers

9.1 "As Is" Provision

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

9.2 No Guarantee of Availability

We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. We do not guarantee that any content will be available, accurate, or reliable. We are not responsible for any loss of data, including shared media content.

9.3 User Interactions

We are not responsible for the conduct of any user of the Services. You use the Services and interact with other users at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Shottly, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the Services.
• Any conduct or content of any third party on the Services.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS LESS.

11. Indemnification

You agree to indemnify, defend, and hold harmless Shottly and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of and access to the Services.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right.
• Any User Content you share through the Services.

12. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination:

• Your right to use the Services will immediately cease.
• All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your use of the Services at any time by uninstalling the App and ceasing all use.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Shottly operates, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through binding arbitration or in the courts of competent jurisdiction.

13.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of the original provision to the greatest extent possible, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Shottly regarding your use of the Services, superseding any prior agreements between you and Shottly relating to the Services.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

• Email: contact@Shottly.app

We will respond to your inquiry within 30 days.