Terms

1. Your Acceptance

This is an agreement between Instanza Inc., a Delaware corporation ("SOMA"), the owner and operator of soma.im (the "SOMA Site"), the SOMA software and SOMA Client and Content (collectively, including all content available through the SOMA Client and Content and SOMA Site, the "SOMA Service", or the "Service"), and you ("you" or "You"), a user of the Service.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND SOMA'S PRIVACY POLICY, WHICH CAN BE FOUND AT https://soma.im/legal#Privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.

If you do not agree to any of these terms, you may not use the Service.


2. SOMA Service

These Terms of Service apply to all users of the SOMA Service. Information provided by users may contain links to third party websites that are not owned or controlled by SOMA. SOMA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SOMA will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that SOMA shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.


3. SOMA Access

A. Subject to your compliance with these Terms, SOMA hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal, noncommercial use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without SOMA's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide SOMA with your phone number. You expressly acknowledge and agree that in order to provide the Service, SOMA may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your phone number, you must provide accurate and complete information. You hereby give your express consent to SOMA to use the phone numbers you provide for use in providing you access and use of the Service. You may never use another person's phone number without their permission. We do not collect addresses or email addresses, just mobile phone numbers. You are solely responsible for the status message that is displayed for your phone number. You must notify SOMA immediately of any breach of security or unauthorized use of your phone. Although SOMA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SOMA or others due to such unauthorized use.

C. You agree not to use or launch any automated system,including without limitation, "robots," "spiders,""offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, etc., that accesses the Service in a manner that sends more request messages to the SOMA servers in a given period of time than a human can reasonably produce in the same period by using a SOMA application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, SOMA grants the operators of public search engines permission to use spiders to copy materials from the SOMA website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SOMA reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by SOMA clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to solicit, for commercial purposes, any users of the Service.


4. Intellectual Property Rights

The design of the SOMA Service along with all text, scripts, graphics (including stickers), interactive features and the like made available in connection with the SOMA Service (collectively, the "SOMA Client and Content"), except all User Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SOMA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Subject to these Terms of Service, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to install and use, only in connection with the Service, the SOMA Client and Content for personal and non-commercial purposes only. The Service, including the SOMA Client and Content, is provided to you AS IS for your information and personal non-commercial use only. SOMA reserves all rights not expressly granted in and to the Service and the SOMA Client and Content. You agree to not engage in the use, copying, distribution or other exploitation of any of the SOMA Client and Content other than expressly permitted herein, including any use, copying, or distribution of User Status Submissions of third parties obtained through the Service for any commercial purposes. You further agree not to use the SOMA Client and Content in a manner that would infringe or violate the rights of any third party and that we are not in any way responsible for any such use by you.


5. User Status Submissions and Direct Messages

A. The SOMA Service allows SOMA users to submit User Status Submissions (as defined below) and Direct Messages (as defined below). These User Status Submissions and Direct Messages may be hosted, shared, and/or published as part of the SOMA Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked. Direct Messages will only be viewable by those SOMA user(s) or group(s) you directly send such information; but User Status Submissions may be globally viewed by SOMA users that have your mobile phone number on their smartphone, unless the user is blocked by you. For purposes of these Terms of Service, User Status Submission refers to status text, profile photos and other communications other than Direct Messages submitted by you, as well as the automatic submission of your "last seen" status. Direct Messages refers to text, voice, photo, video, location and contact information messages you send directly to other SOMA users or groups.

Currently, we have no method of providing different levels of visibility of your User Status Submissions among users that have your mobile phone number. You acknowledge and agree that any User Status Submissions may be globally viewed by users that have your mobile phone number. For this reason, you should not submit User Status Submissions that you would not want to be seen globally. The submission of your 'last seen' status is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your User Status Submissions. You understand that whether or not such User Status Submissions are published, SOMA does not guarantee any confidentiality with respect to any such submissions.

B. You shall be solely responsible for your own User Status Submissions and Direct Messages and the consequences of posting or publishing them. Because SOMA is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of SOMA, and SOMA makes no guarantees as to the validity, accuracy or legal status of any status. In connection with User Status Submissions and Direct Messages, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SOMA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Status Submissions and Direct Messages to enable inclusion and use of the User Status Submissions and Direct Messages in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Status Submission and Direct Messages to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions and Direct Messages in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Status Submissions and Direct Messages, but you have to have the rights in the first place. However, by submitting the User Status Submissions to SOMA, you hereby grant SOMA a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the SOMA Service and SOMA's (and its successor's) business, including without limitation for promoting and redistributing part or all of the SOMA Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the SOMA Service a non-exclusive license to access your User Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a User Status Submission from the SOMA Service.

C. In connection with User Status Submissions and Direct Messages, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SOMA all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SOMA or any third party; (iii) submit 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; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

D. Adult content must be identified as such. SOMA does not endorse any User Status Submission, or any opinion, recommendation, or advice expressed therein, and SOMA expressly disclaims any and all liability in connection with User Status Submissions. SOMA does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and SOMA will remove all Content, User Status Submissions if properly notified that such Content, User Status Submission infringes on another's intellectual property rights. SOMA reserves the right to remove Content, User Status Submissions without prior notice. SOMA may also terminate a user's access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized SOMA, its employees or agents. SOMA also reserves the right to decide whether content or a User Status Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. SOMA may remove such User Status Submissions, and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

E. You understand that when using the SOMA Service you will be exposed to User Status Submissions and Direct Messages from a variety of sources, and that SOMA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions and Direct Messages, and that such User Status Submissions and Direct Messages are not the responsibility of SOMA. You further understand and acknowledge that you may be exposed to User Status Submissions and Direct Messages that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SOMA with respect thereto, and agree to indemnify and hold SOMA, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

F. SOMA permits you to link to materials on the Service for personal, non-commercial purposes only. Commercial versions may be available under separate licensing and terms. SOMA reserves the right to discontinue any aspect of the SOMA Service at any time.


6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SOMA SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SOMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SOMA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOMA SERVICE. SOMA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOMA SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND SOMA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.


7. Limitation of Liability

IN NO EVENT SHALL SOMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOMA CLIENT AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SOMA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT YOU WILL NOT USE THE SERVICE WHILE OPERATING A MOTOR VEHICLE, FOR TIME-CRITICAL OR EMERGENCY SERVICES OR EVENT OR FOR ANY OPERATION WHERE INJURY, DEATH, OR ECONOMIC DAMAGE COULD OCCUR.

The Service is controlled and offered by SOMA from its facilities in the United States of America. SOMA makes no representations that the SOMA Service is appropriate or available for use in other locations. Those who access or use the SOMA Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.


8. Indemnity

You agree to defend, indemnify and hold harmless SOMA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SOMA Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the SOMA Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.


9. Ability to Accept Terms of Service

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 13 years old as the SOMA Service is not intended for children under 13. If you are under 13 years of age, you are not permitted to use the SOMA Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a" terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Instanza is the developer of the Service and can be contacted at: contact@instanza.com.


10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SOMA without restriction.


11. General

You agree that: (i) the SOMA Service shall be deemed solely based in California; (ii) the SOMA Service shall be deemed a passive server that does not give rise to personal jurisdiction over SOMA, either specific or general, in jurisdictions other than California; and (iii) that you agree to subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and SOMA that arises in whole or in part from the SOMA Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco City and County, California. These Terms of Service, together with the Privacy Notice at https://soma.im/terms#privacy. Privacy and any other legal notices published by SOMA, shall constitute the entire agreement between you and SOMA concerning the SOMA Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SOMA's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. SOMA reserves the right to amend or modify these Terms at any time, and it is your responsibility to review these Terms for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Service. Your continued use of the SOMA Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND SOMA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SOMA SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


12. Copyright Complaints

SOMA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify SOMA of your infringement claim in accordance with the procedure set forth below.

SOMA will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to SOMA's Copyright Agent at contact@instanza.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:

Instanza, Inc.
41 Grant Ave, Suite 300
San Francisco, CA 94108
Attn: Instanza Designated Agent

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the SOMA Service, with enough detail that we may find it on the SOMA Service;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent:

your physical or electronic signature;

identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, SOMA will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.


13. Apple-Enabled Software Applications

SOMA offers software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

SOMA and you acknowledge that these Terms of Service are concluded between SOMA and you only, and not with Apple, and that as between SOMA and Apple, SOMA, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be SOMA's sole responsibility, to the extent it cannot be disclaimed under applicable law.

SOMA and you acknowledge that SOMA, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between SOMA and Apple, SOMA, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to SOMA as follows:

Email: contact@instanza.com

Mail:
Instanza, Inc.
41 Grant Ave, Suite 300
San Francisco, CA 94108
Attn: Head of Product

SOMA and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.



Privacy Policy


Instanza Inc. ("SOMA") cares about the privacy of its customers, visitors and users. Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our Service, and your choices about the collection and use of your information. If you do not agree to our practices, please do not use the SOMA website, Software,or Services.

This Privacy Policy is incorporated into and is subject to the SOMA Terms. Your use of the SOMA website, Software and Service and any personal information you provide on such website and Service remains subject to the terms of this Privacy Policy and our Terms.

Please note that any User Status Submissions or other content posted at the direction or discretion of users of the SOMA Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

This Privacy Policy does not apply to the practices of companies that SOMA does not own or control, or to individuals whom SOMA does not employ or manage, including any of the third parties to which SOMA may disclose user information as set forth in this Privacy Policy.


How We Collect and Use Information

SOMA may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below ("Personally Identifying Information"):

User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to SOMA when choosing to participate in various uses of the SOMA Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the SOMA Service, SOMA will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other SOMA users ("in-network" numbers), or otherwise categorize other mobile phone numbers as "out-network" numbers, which are stored as one-way irreversibly hashed values.

Cookies Information: When you visit the SOMA Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. SOMA uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the SOMA Site may not function properly if the ability to accept cookies is disabled.

Log File Information: When you use the SOMA Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the SOMA Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.


The Information SOMA Does Not Collect

SOMA does not collect names, emails, addresses or other contact information from its users' mobile address book or contact lists other than mobile phone numbers-the SOMA mobile application will associate whatever name the SOMA user has assigned to the mobile telephone number in his/her mobile address book or contact list - and this occurs dynamically on the mobile device itself and not on SOMA's servers and is not transmitted to SOMA. This means that if you have your friend's mobile phone number associated with the name "Adrienne" in your mobile address book, that's the name that will appear for that mobile phone number in your SOMA contact list. We do not collect location data, but users may voluntarily share their location with other users via the SOMA Service.

The contents of messages that have been delivered by the SOMA Service are not copied, kept or archived by SOMA in the normal course of business. The SOMA Service is meant to be a SMS replacement, using data service through a user's phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a SOMA user), if that recipient is online. If the recipient is not online, the undelivered message is held in SOMA's server until it can be delivered. If the message is undelivered for seven (7) days, the undelivered message is deleted from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by SOMA - the only records of the content of any delivered messages reside directly on the sender's and recipient's mobile devices (and which may be deleted at the user's option). Notwithstanding the above, SOMA may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which SOMA is legally compelled to collect. Files that are sent through the SOMA Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.


The Way SOMA Uses Information

If you submit Personally Identifiable Information to us through the SOMA Site, or SOMA Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the SOMA Site and SOMA Service. In particular, your mobile phone number is essential to your use of the SOMA Service and will be retained. If you provide billing information, such billing information will be deleted thirty (30) days after the termination of your account with SOMA. Any Personally Identifiable Information or status content that you voluntarily disclose on the SOMA Service becomes publicly available and may be collected and used by other users of the SOMA Service (unless such user is blocked by you). Your name (as it is saved in other user's mobile phone address book or contact list) may be displayed to other users when you update your status messages through the SOMA Service and other users may contact you through the SOMA Service. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major SOMA Site or SOMA Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the SOMA Site and SOMA Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we improve the SOMA Site and Service and don't make it suck worse. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the SOMA Service or SOMA Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.


When SOMA Discloses Information

Other users of the SOMA Service may see your User Status Submissions in a way that is consistent with the use of the SOMA Service. For example, a status of "Driving in car" set by a specific phone number will be available to every user of the SOMA Service who has that mobile phone number in their mobile phone's address book or contact list, unless you have chosen to block such user. "Last Seen" information is available and displayed to each user who has your mobile phone number in their mobile phone address book or contact book (and which you have not blocked), and reflects the last approximate time the SOMA mobile application has been used or brought to the foreground on your mobile phone. "Last Seen" information is reported to SOMA when a user brings the mobile application to the foreground.

We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the SOMA Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the SOMA Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual's physical safety may be at risk or threatened. SOMA also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that SOMA believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the SOMA Site or our servers, and to protect the rights, property, or personal safety of SOMA, our users or others.


Your Choices

You may, of course, decline to submit Personally Identifiable Information through the SOMA Site or the SOMA Service, in which case SOMA may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the SOMA mobile application and discontinue use of the SOMA Service; your continued usage of the SOMA Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the SOMA Service. Please contact SOMA via email to contact@instanza.com about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.


Third-party Advertisers, Links to Other Sites

SOMA is currently free for its users and is ad-free and we have no plans to ever change. If our plans do change and we introduce any advertising into the Service or our products, we will make sure to update this section and notify users in accordance with all legal obligations.


Our Commitment To Data Security

SOMA uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Once we receive your transmission of information, SOMA makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If SOMA learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. SOMA may post a notice on the SOMA Site or through the SOMA Service if a security breach occurs.


Childrens' Privacy

SOMA does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at contact@instanza.com.


International Users

The SOMA Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the SOMA Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the SOMA Site and Service, which are governed by California law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by California law for these purposes.


In the Event of Merger, Sale, or Bankruptcy

In the event that SOMA is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.


Changes and updates to this Privacy Notice

This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the SOMA Site and SOMA Service constitutes your agreement to this Privacy Policy and any amendments.


This Privacy Notice was last modified September 7th, 2015