Salut – Terms of Service, Privacy, Cookie and Security Policy
TERMS OF SERVICE
Please review the Terms so you understand the terms of your use of our Services. We reserve the right, in our sole discretion, to change or modify any portion of the Terms at any time. Your continued use of the Services after the date of any changes of the Terms constitutes your acceptance of the new Terms. If you do not wish to accept the new Terms, you may discontinue using the Services.
Table of Contents
The Terms contain the following information:
- Registration, Users’ Access and Use of Our Services
- Public Content and Display of Information
- Fees and Taxes
- Notice for International Users
- Third Party Services and Communications
- Users’ Conduct, Permissible Use, Prohibited Content and Activities
- Disclaimers and Limitation of Liability
- Dispute Resolution
- Special Arbitration Provision for United States or Canada Users
- Additional Provisions
- Availability and Termination of our Services
- Registration, Users’ Access and Use of Our Services
Each user must register for our Services and provide their accurate information, including current mobile phone number. You agree to receive text messages and telephone calls with information necessary to register for and to use our Services.
Users of our Services include, among others, (i) a person or entity who registers for our Services; (ii) a content provider, artist, author, creator, or producer (the “Creator(s)”), who desires to evolve, broadcast, and monetize their content on our Platform by offering free and paid channels and subscriptions; and (iii) a fan, subscriber, beneficiary, contributor, supporter, or sponsor (the “Fan(s)”), who wants to hear a Creator’s voice and to support a Creator in exchange for obtaining access to their content or other benefits.
Our Services include unique group chat environment and the Platform, which allows, among other things, Creators to post their content to the Platform and offer free and paid channels, groups and subscriptions to Fans in exchange for their Fans’ subscription fees, donations, and monetary contributions (collectively, “Donations”). We are not an agent, broker, financial institution, creditor, or 501(c)(3) nonprofit charity corporation.
Your Account and Age Restrictions
You must be at least 13 years old, or such greater age required in your country (for example, you must be 16 years old in select countries of the European Union), for you to be authorized to create an account and to use our Services without approval of your parent or guardian. To accept a Donation as a Creator, or make a Donation as a Fan, you must be at least 18 years old, or your parent or guardian must grant permission and agree to our Terms on your behalf. You are responsible for your account, its security, and anything that occurs if and when anyone is signed into your account.
Users’ Address Book and Contacts
You provide us with your mobile phone numbers and your contacts in your mobile phone address book and confirm that you are authorized to provide us this information to enable us to provide our Services.
Devices and Software.
You must provide certain information about your devices, software, and data connections to use our Services, which we do not supply. By using our Services, you consent to downloading and installing updates to our Services, including any automatic software updates. You are responsible for keeping your devices and your account safe and secure.
No Access to Emergency Services
Salut does not provide access to emergency services or emergency services providers, such as the police, fire departments, emergency rooms, or hospitals. You should ensure you can contact your relevant emergency services or emergency services providers through a mobile, landline telephone, SMS, or other service.
Salut supports freedom of speech and freedom of expression and does not believe in censorship. Nonetheless, Salut aims to ensure that our users respect our Terms and do not engage in prohibited conduct or illegal activities, as further described below.
Each Creator represents, warrants, and convents that (i) all content and information provided on the Platform is accurate, complete, and will not deceive or scam Fans and others users; (ii) all Donations accepted through the Platform will be used in accordance with the information posted on the Platform; (iii) you will comply with all applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting; and (iv) if you share with us any personal data of any third party for any purpose, including without limitation the names, email addresses, and phone numbers of your contacts, you have the authority, including any necessary consents, as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us.
Each user acknowledges that all content and information provided by Salut in connection with the Services is for information purposes only and is accessed using the Services at their own risk. Salut does not guarantee the accuracy, completeness, or reliability of any such content or information. No content or information is intended to provide financial, tax, legal, or other professional advice. Before making any decisions or Donations, users should consult their financial, tax, legal, or other professional advisors, as may be necessary under the circumstances.
Fan’s Conduct, Payment Methods, and Billing Account
To make a Donation to a Creator, a Fan is required to provide information regarding a credit card or other payment instrument (“Payment Method”) that is linked to the Fan’s account (a “Billing Account”). You, as a Fan, represent and warrant to Salut and any applicable third-party payment or credit card providers that such information is true and accurate and that you are authorized to use the applicable Payment Method. Salut uses third-party payment or credit card providers to bill you through your Payment Method and Billing Account for a Donation. Payment processing services for account holders on Salut may also be provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on Salut, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Salut enabling payment processing services through Stripe, you agree to provide Salut accurate and complete information about you and your business, and you authorize Salut to share it and transaction information related to your use of the payment processing services provided by Stripe.
By using the Services and making a Donation to Creators, each Fan acknowledges and agrees that all Donations are made at their own choice and risk. Each Fan further acknowledges and agrees that all payments are final and will not be refunded. When a Fan subscribes to a Creator’s subscription or makes a Donation, it is the Fan’s responsibility to understand how their money will be used. Salut is not responsible for any offers, promises, rewards, or promotions made or offered by a Creator. Salut does not and cannot verify the information that a Creator provides on the Platform, nor does Salut represent or guarantee that the Donations will be used by a Creator in accordance with their stated purpose on the Platform or in accordance with applicable law. Notwithstanding, Salut aims to detect, prevent, and address any possible misconduct, fraud, or security issues concerning our Services.
Fans may have the option to make a payment to a Creator, on a recurring basis (“Subscription,” and each individual payment made in connection with a Subscription, an “Installment”). In electing to contribute on a recurring basis, you, as a Fan, acknowledge and agree that your Subscriptions automatically renew and have a recurring payment feature, and that unless and until you cancel the Subscription, any Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected.
In connection with each of your Subscriptions, you (i) authorize Salut and our third-party payment or credit card providers to bill your Payment Method in the amount of the applicable Installments in advance, on a periodic basis, until you terminate such periodic payments by opting out of the Subscription, (ii) accept responsibility for payment of all Installments occurring before you opt out, and (iii) agree to promptly update your Billing Account with any changes related to your Payment Method, such as a change in your billing address or credit card’s expiration date.
Changes to, or termination of, your Subscriptions or Installments will apply only to Installments that take place after Salut receives notice of such change or termination. Salut does not provide refunds of any amounts received in connection with previously made Donation or Installments. Your failure to terminate a Subscription reaffirms that Salut or our third-party payment or credit card providers are authorized to charge your Payment Method for the Subscription.
User’s Account Hold
Salut may, in its sole discretion, place a hold on a user’s account (a “Hold”), restricting any withdrawals, initiate a reverse ACH transfer, secure reserves, or take similar actions to protect our interests and our users’ interests. Reasons for taking such actions may include, without limitation, the following: (i) if we believe, in our sole discretion, that information provided by a user is false, misleading, or fraudulent, or that funds are being used in an illegal or prohibited manner, (ii) if we believe, in our sole discretion, that a user has violated the Terms, (iii) if we determine, in our sole discretion, that a Creator is colluding with Fans to engage in fraudulent activity, (iv) if we believe, in our sole discretion, that there may be suspicious or fraudulent payment or donation activity, or (v) if we are required to comply with a court order, subpoena, writ, or injunction, or if we are required to take such action under applicable law. If you have questions about a Hold, we may have placed on your account, or need information about how to resolve the Hold, please contact us at firstname.lastname@example.org.
Potential Delay in Your Ability to Withdraw Funds
You, as a Creator, acknowledge and agree that withdrawals of funds may not be available to you for use immediately. We do not guarantee that any withdrawal of funds will be available to you within any specific time frame. We expressly disclaim any and all responsibility for any delay or inability to access and use withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Creator, are responsible for ensuring that the information you provide to Salut and any third-party payment or credit card providers to process a withdrawal of funds, including your bank account information, is accurate and up to date. More information is available at https://mysalut.com/faq
- Public Content and Display of Information
Some of your activity using our Services is public, such as content and information you post publicly on the Platform. Further, user profile information, such as your username, and other information you enter in connection with your profile, may be displayed to other users to facilitate chats, communications, and other interactions on the Platform. Please note that individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any information you may deem private in any content you create or information you submit on our Platform.
Please be further advised that by sending us any unsolicited information you post on the Platform, including, without limitation, any information you post in our public chat groups and forums, any information you share with our customer support, and your communications to us of any ideas for product improvement, new products, or modifications to existing products (collectively, “Unsolicited Information”), you (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Unsolicited Information, (ii) acknowledge that we may already have or consider information similar to the Unsolicited Information, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Unsolicited Information, and (iv) irrevocably waive, and cause to be waived, against Salut and its users any claims and assertions of any rights contained in such Unsolicited Information.
- Fees and Taxes
You are responsible for all carrier data plan and other fees and taxes associated with your use of your device and our Services. We may charge you for our Services, including applicable taxes. It is your responsibility, however, to determine what, if any, taxes apply to the Donation you receive through your use of the Services. It is your sole responsibility to access, collect, report or remit the correct taxes, if any, to the appropriate tax authorities. We or our third-party payment or credit card providers may collect tax identification information and report this to tax authorities. We do not handle tax payments. You are responsible for reporting your taxes.
5.Notice for International Users
Downloading or using the software is at your sole risk. You acknowledge and recognize the global nature of the Internet and agree to comply with all local laws, rules, and regulations regarding your use of the Services.
6.Third Party Services and Communications
Salut and our third party third-party payment or credit card providers charge certain transaction fees for the services provided. These fees, which change for time to time, are disclosed at www.mysalut.com/faq .
Payments to Creators
“Commission” the amount calculated as a percentage of the Donations due to a Creator;
Creators will receive the Commission from Salut with the difference between the Donation and Commission being the management fee for Salut and its payment provider. The Commission will be 88% of the Donations generated by a particular Creator’s content, less any fees due to the payment provider or processor, subject to their terms and conditions as identified elsewhere in these Terms.
Salut receives the Donations and holds the Commission on behalf of the relevant Creator, and not on behalf of Fans.
Salut will take payment of the Donations from the Fan and hold the Commission in Salut’s capacity as the agent for the Creator.
All Donations are final and non-refundable. If Salut is alerted that a Fan has sought and received a refund or chargeback, Salut will take additional actions. Any Donation which is subsequently subject to a refund or chargeback may result in the Fan’s account being immediately and permanently excluded from Salut. The refund or chargeback amount may be removed from the Commission. The Creator may be alerted to the Fan refund or chargeback.
We try to provide timely access to Creator funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect creators, we may block Fans’ payments if we believe them to be fraudulent.
Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.
We collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received.
Loving Salut? Invite a friend and start earning with our referral program!
To be eligible to participate in the referral program, you must be a registered user in good standing with Salut.
How it works
Every time a Creator joins Salut through your unique profile URL, or if you invite a Creator to any group or channel you like (does not have to be yours), you will receive 3% of their Donations for as long as you remain a registered user in good standing with Salut. This 3% is not taken out of the Creator’s payout, but of the Salut management fee—so you won’t be taking their money, just earning more for yourself.
Referral income is processed twice monthly on the 1st and the 15th together with all other payments you received as a Creator (if any). If your monthly income does not exceed the minimum withdrawal amount of your current payout method, referral income will roll over to the following period.
- Users’ Conduct, Permissible Use, Prohibited Content and Activities
You are solely responsible for your account and all data, including, without limitation, chats, messages, information, descriptions, text, photographs, images, pictures, graphics, sound, music, audio, video and media files, and other materials and documents (the “Content”), which you upload, submit, send, post, publish, display, transmit, store, receive, or use (hereinafter, “Upload”). You agree to fully cooperate with any request we make for evidence that we deem necessary to verify your compliance with our Services.
Permissible Use of Our Services
You must access and use our Services only for legal, authorized, and acceptable purposes in accordance with the Terms and our policies. We may disable your account for a violation of the Terms or our policies, and you may not create another account without our permission. You agree not to use (or assist others to use) our Services for any illegal or prohibited Content or activities as further described below.
Prohibited Content and Activities
You agree not (or assist others) to use, access, copy, adapt, modify, distribute, license, sub-license, transfer, display, perform, exploit, or prepare any derivative works based upon, our Services in any illegal, unauthorized, or impermissible manner, or in ways that harm, burden, or impair Salut, our Services, our users, or any third party.
Without limiting the foregoing, you agree (directly, indirectly, or through automated means) not to:
- impersonate someone;
- create accounts for our Services through unauthorized means;
- gain, or attempt to gain, unauthorized access to our Services;
- restrict or inhibit any other user from using or enjoying the Services;
- harvest or collect contact information of our users by electronic or other means;
- disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- reverse engineer, modify, create derivative works from, decompile, or extract code from our Services;
- interfere with or disrupt the integrity or performance of our Services or servers or networks connected to our Services;
- collect the information of our Platform or about our users in any impermissible or unauthorized manner;
- offer any contest, competition, give-away, raffle, sweepstakes or similar activity on or through our Services;
- transmit any unsolicited or unauthorized advertising, commercial activities and/or sales, “spam,” or any other form of solicitation;
- use the Services to transmit or upload any Content that poses or creates a privacy or security risk to Salut, its users, or a third party;
- violate, misappropriate, or infringe the rights of Salut or its users, including privacy, publicity, intellectual property, or other proprietary rights;
- involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and the like through our Services; or
- transmit, send, or store any software viruses or any other harmful computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment through or onto our Services.
Further, you agree not to use the Services and our Platform to, among other things, collect payments with the purpose of or involving:
- the violation of any applicable law, rule, or regulation;
- illegal pornographic content;
- counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- political fundraising using Platform’s payment system;
- Content that we deem, in our sole discretion, to be in support of discrimination, terrorism; or
- any other activity that Salut may deem, in our sole discretion, to be unacceptable or prohibited.
In addition, as to all Donations you make or accept through the Services, you agree:
- not to make or accept any payments or fundsthat you know or suspect to be erroneous, suspicious, fraudulent, or illegal; and
- to fully cooperate in connection with any investigation or auditing of any records at the request or Salut, a payment processing partner, or a regulatory or governmental authority, and to remedy any uncovered violation or wrongdoing.
We reserve the right to remove any Content and/or investigate any user who, in our sole discretion, violates our Terms. We further reserve the right, without limitation, to ban your use of the Services, remove the offending Content, suspend or terminate your account, stop payments, freeze or place a hold on Donations, take appropriate legal action, or report you to law enforcement authorities.
Salut does not claim ownership of the information that users submit for their Salut account or through our Services. You must have the necessary rights to all information that you submit for your Salut account or through our Services.
Salut owns all copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade secrets, patents, or other intellectual property rights unless you have our express permission.
Your License to Salut
Salut’s License to You
Salut grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with the Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted under the Terms. No other licenses or rights are granted to you by implication or otherwise.
You acknowledge that Salut has no obligation to you to retain data relating to any account or membership subscription. You further acknowledge that Salut reserves the right to delete data or to terminate accounts or membership subscription at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
With respect to any user’s Content transmitted through the Services, you represent and warrant that you own all right, title, and interest in and to, or have all necessary rights and consents to (and to allow others to) fully exploit, such Content, including, without limitation, as it concerns all copyrights, trademark rights, and rights of publicity or privacy related thereto.
If you Upload any Content, or any portion thereof, in connection with the Services, you hereby grant Salut and its affiliated companies and users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Content in connection with the operation of the Services or the promotion, advertising, or marketing thereof, in any form, medium or technology now known or later developed.
Without limiting the foregoing, if any Content contains your name, image, or likeness, you hereby release and hold harmless Salut and its affiliated companies, contractors and employees, successors and assigns, from (i) all claims for invasion of privacy, publicity, or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, use, or exploitation of your name, image, or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) related to your Content, name, image or likeness. You hereby waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your Content, including your name, image or likeness.
Further, if any person (other than you) appears in your Content, you represent and warrant that you have secured all necessary licenses, waivers, and releases from such person(s) for the benefit of Salut in a manner fully consistent with the licenses, waivers, and releases set forth herein. You further acknowledge that your participation in the Services and submission of your Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Salut’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
Third Party Materials
Under no circumstances will Salut be liable in any way for any Content or materials of any user or third party, including, without limitation, for any errors or omissions in any user’s or third party’s Content, or for any loss or damage of any kind incurred as a result of the use of any such user’s or third party’s Content. You acknowledge that we do not pre-screen any user’s Content and that we have the right, but not the obligation, in our sole discretion, to refuse, remove, or allow any user’s Content that is available via our Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
- Disclaimers and Limitation of Liability
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS.
WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES, OR ANY OF THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION, INCLUDING CONTENT, OF OUR USERS OR OTHER THIRD PARTIES.
YOU RELEASE US, OUR AFFILIATES, SUBSIDIARIES, AS WELL AS OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “SALUT PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
FURTHER, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542 (OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION), WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
THE SALUT PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH US, OUR TERMS, OR OUR SERVICES, EVEN IF THE SALUT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH US, OUR TERMS, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS.
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND AS A RESULT SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SALUT PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Salut Parties from and against any and all liabilities, damages, losses, and expenses of any kind, including, without limitation, reasonable attorney’s fees and costs, awards, fines, rights, claims, or actions of any kind, relating to, arising out of, or in any way in connection with any of the following: (i) your access to or use of our Services, including, without limitation, information and Content provided in connection therewith; (ii) your breach or alleged breach of our terms; or (iii) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim (defined above). You further agree that Salut has the right to conduct our own defense of any Claim, at our sole discretion, and that you will indemnify Salut for the costs of our defense, including, without limitation, to reasonable attorney’s fees and costs.
If you are a resident of California, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable law, statute, or doctrine.
- Dispute Resolution
Forum and Venue
If you are a user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with us, our terms, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the United States District Court for the Southern District of New York or New York state court located in New York County and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.
The laws of the State of New York govern our Services and the Terms, as well as any Disputes, whether in court or arbitration, which might arise between Salut and you, without regard to conflict of law provisions.
- Special Arbitration Provision for United States and Canada Users
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO SALUT USERS LOCATED IN THE UNITED STATES OR CANADA. IF YOU ARE A SALUT USER LOCATED IN THE UNITED STATES OR CANADA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.
Federal Arbitration Act
The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between Salut and you, is subject to arbitration.
Agreement to Arbitrate for Salut Users Located in the United States or Canada
For Salut users located in the United States or Canada, Salut and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. Excluded Dispute means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes. Salut and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. Salut and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.
The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous.
You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us within thirty (30) days of the later of (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision, by sending a written notice to email@example.com. In the notice, you must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.
Small Claims Court
As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court as long as the matter advances on an individual (non-class) basis.
Time Limit to Start Arbitration
We and you each agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one (1) year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one (1) year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada
We and you each agree that if you are a Salut user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” and “Severability” section above. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.
Place to File Permitted Court Actions
If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above.
- Additional Provisions
- The Terms constitute the entire agreement between you and us regarding our services and supersede any prior agreements.
- Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
- Nothing in our Terms will prevent us from complying with the law.
- Any amendment to or waiver of our Terms requires our express consent.
- You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
- Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
- All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
- If we fail to enforce any of our Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
- We appreciate your feedback or suggestions about Salut and our Services. You acknowledge and agree that we may use your feedback or suggestions without any obligation to compensate you for them (and you have no obligation to offer them).
- Availability and Termination of Our Services
Availability of Our Services.
Our Services may be interrupted for any reason, including, without limitation, for maintenance, repairs, upgrades, and network or equipment failures. We may discontinue some or all of our Services, including, without limitation, certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Modification or Termination of Our Services
We reserve the right to modify, suspend, temporarily or permanently, or terminate your access or use of our Services (or any part), with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom, at any time and for any reason, such as if you violate the Terms or create possible harm, risk, or legal exposure for us, our users, or others.
The following provisions will survive any termination of your relationship with Salut: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Special Arbitration Provision for United States or Canada Users,” “Additional Provisions,” and “Availability and Termination of Our Services.”
Table of Contents
- Our Privacy Statement;
- Legal basis for processing your personal data;
- What personal data we may collect from you;
- How we keep your personal data safe;
- How we use and process your personal data;
- Bot messages and functionality;
- Third party payment services;
- Who your personal data may be shared with;
- Your rights concerning your personal data;
- Our Privacy Statement
Salut’s goal is to become a home for all your groups and content. We do not sell your data to advertisers or use your data to show ads.
- Legal Basis for Processing your Personal Data
We process your personal data on the basis that processing is necessary to further our legitimate interests, such as providing effective and innovative Services to you, and to detect, prevent, and address any misconduct, fraud, or security issues concerning our Services, unless those interests are overridden by your interest or fundamental rights and freedoms that require protections of personal data.
- What Personal Data We May Collect from You
Basic Account Information
You provide your mobile number and basic account information, such as your username, profile picture, device type, and location, to create a Salut account. To make it easier for your contacts and other people to recognize who you are and to reach you, your username, profile picture, and bio may be public. We do not require your username to be your real name.
Salut is a cloud-based service. We store Content from your groups and channels on our servers so that you can access your data. All data is stored and transmitted encrypted.
Public and Private Groups and Channels
Salut supports groups, one on one chats, and channels. Groups and channels may be public or private. Public groups and channels could be joined by using a public link. Private groups and channels could be joined via link only by invitation. The data you post in public groups and channels is encrypted in storage and in transit. However, all data you post in public may be accessible by everyone.
Telephone Number and Contacts
We use telephone numbers as your unique identifiers. We ask your permission before syncing your contacts. We occasionaly sync your contacts and store them locally to display names in messages.
- How We Keep Your Personal Data Safe
All data is stored encrypted so that third party hosting providers, our local engineers, or physical intruders cannot get access.
- How We Use and Process Your Personal Data
Processing Your Personal Data to Provide Our Services
Salut is a cloud-based service. We process your data to provide your cloud chat history to any of your devices without having to use third-party backups or cloud storage.
Safety and Security
To improve the security of your account, and to prevent phishing, spam, abuse, and other violations of our Terms, we may collect metadata, such as your IP address and devices.
Spam and Abuse
To prevent phishing, spam, abuse, and violations of the Terms, we may review public groups or channels that were reported to us. If a spam report on a message you sent is confirmed, your account may be limited either temporarily or permanently. If you violate the Terms, your account may be banned.
No Ads, No Sale of Your Data
We only store the information we need to operate our Platform and to function as a provider of a group chat and content services and do not use your data for ad targeting or commercial purposes.
We may store and use some aggregated metadata about how you use Salut to create useful features that work across your devices.
- Bot Messages and Functionality
Salut has an API that allows a select group of third-party developers to create automated users, also known as bots. Bots are apps that look like Salut users. You can talk to bots from your chat list, add them to groups, or use an interface to access their features. By performing such actions, you will be sending the data to the third-party bot developers.
How Bots Can Receive Data
You can send data to bot developers when you interact with their bots as follows:
- By sending messages to a bot.
- By participating in a group with a bot.
- By pressing buttons in messages sent by a bot.
- By paying for goods and services via bots.
What Data Bots Receive
The developers of a bot can obtain your basic account information, such as your username, bio and profile picture. In addition, when you interact with bots, they may receive the following information:
- Your messages and queries sent to bots.
- Your IP address if you click on links or buttons provided by bots (if it controls the website where the link leads).
- Information that you are a member of a group if the bot is a member of the group.
- Messages and everything that happens in a group, if the bot has access to messages.
Independent Third-Party Bots
In addition to our bots, independent third-party bots, not affiliated with Salut, may ask you for your permission before they access your data or before you make it available to them.
- Third Party Payment Services
A payment platform is available to our users, even though Salut does not process payments from its users. Salut relies on third-party payment or credit card providers, who handle and store your credit card details and are independent from Salut. We have no access to this information. You should review the third-party payment or credit card providers’ privacy policies before making your data available to them.
Credit Card Information
When making a payment, you enter your credit card information into a form supplied by the payment provider that will process the payment. The information goes directly to the payment provider’s server. Your credit card information does not reach Salut’s servers. We do not have access and do not store your credit card information. If you save your credit card information, it is saved on the payment provider’s servers. We cannot reconstruct your credit card information.
As a rule, all Donations and other fees, including, without limitation, subscription fees, are non-refundable. If you feel that you are entitled to a refund from a Creator, you must contact the Creator within fourteen (14) days of the date of the charge. With the Creator’s cooperation, Salut may offer a full or partial refund in very rare situations and at our sole discretion. For chargeback purposes, when you make a payment on our Platform, you acknowledge that the payment is non-refundable.
Payment processing services for account holders on Salut may also be provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on Salut, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Salut enabling payment processing services through Stripe, you agree to provide Salut accurate and complete information about you and your business, and you authorize Salut to share it and transaction information related to your use of the payment processing services provided by Stripe.
- Who Your Personal Data May Be Shared With
Law Enforcement Authorities
You authorize Salut, and Salut reserves the right, to disclose your IP address and phone number and to provide any information relating to your activities, posts, contents, and users, to any relevant law enforcement authorities, and to assist in any investigation thereof, if Salut receives a subpoena or a court order identifying you as a terror suspect.
- Your Rights Concerning Your Personal Data
Under applicable data protection legislation, you have rights concerning your personal data under certain circumstances. For example, you have a right to:
- request a copy of your personal data that we store and to transmit that copy to another data controller;
- delete or amend your personal data;
- restrict, or object to, the processing of your personal data;
- correct any inaccurate or incomplete personal data we hold on you; and
- lodge a complaint with national data protection authorities regarding our processing of your personal data.
Exercising Your Rights
If you wish to exercise any of these rights, kindly contact us at firstname.lastname@example.org.
You can choose to delete or edit your messages. If you choose to delete your account please email us at email@example.com. Deleting your account removes all messages, media, contacts and every other piece of data you store in the Salut’s cloud. Once this action is confirmed, it cannot be undone.
What are cookies?
Cookies are widely used on websites to ensure the most efficient and secure user experience possible. Cookies are small, text files that are downloaded on to your personal device when you access a website and stored by your browser. They allow the website to recognize the user’s device and store some data about the user’s preferences or actions.
Cookies usually have an expiration date. For example, some cookies are automatically deleted when you close your browser (session cookies), while others can be stored longer on your computer, sometimes until you delete them manually (persistent cookies). Our website utilizes both session and persistent cookies to provide a consistent, streamlined user experience.
We have several purposes for the cookies used on our website, which fall into four categories as follows:
- Strictly Necessary Cookies:Strictly necessary cookies are utilized on this website to enable basic functionality, including page navigation, access to secure areas of the website, and the search function. This website cannot function optimally without these cookies. Therefore, we enable them without your consent.
- Functional Cookies:Functional cookies allow a website to remember users’ preferences that can change the way the website behaves or looks, such as the region the user is in or the language. This helps it function in accordance to users’ preferences.
- Performance Cookies:Performance cookies help website owners understand visitor interactions with websites by collecting and reporting data anonymously. This ensures website owners can learn from the statistics produced from users’ interaction and develop a better performing website.
- Targeting Cookies:Targeting cookies are used to track visitors across websites. They allow the provider of the cookie to identify trends and patterns in user web behavior.
What are your choices regarding cookies?
Most web browsers also allow a user to control their cookies through their respective browser settings. Web browser settings can be adjusted to perform one or more of the following actions: delete all cookies, block all cookies, allow all cookies, block third-party cookies, clear all cookies when you close the browser, open a “private” browsing session, install add-ons and plug-ins to extend browser functionality as it pertains to cookies. Please find more explanations on how to proceed in your respective browser via the links below:
More information on cookies can be found at www.allaboutcookies.org.
Questions regarding cookies?
If you have any questions regarding cookies used in Salut, please contact us at firstname.lastname@example.org
We do not access your full credit card number and encrypt your sensitive information using transport layer security (“TLS”). We only serve traffic over HTTPS, which encrypts all data between you and us.
If you have any questions about the security of your personal information, you can contact us at email@example.com. If you have discovered a security-related issue with us, our Platform, or our Services, please identify such issue to us responsibly. You can submit your inquiries and bug reports to us at firstname.lastname@example.org. When making a report, please describe in detail the issue and the steps required to reproduce the issues you have identified or experienced.
Things to Avoid
Please do not engage in any prohibited conduct or activities, as defined in Prohibited Content and Activities section of our Terms, available at www.mysalut.com/tos, that endanger the security of our Platform and our users. If you engage in any of the prohibited activities, or otherwise endanger the security of our Platform or our users, we may terminate your account.