Spider Terms of Service

1.1 Registration Requirements

Users in the European Union, the United Kingdom, and Australia must be at least 18 years old to register.

By registering for Spider, you agree to our Privacy Policy and agree not to:

• Use our services to send spam or scam users.
• Promote violence on Spider.
• Post illegal pornographic content on Spider.
• Engage in activities that are illegal in most countries, including child abuse, trafficking, or providing illegal goods and services such as drugs, firearms, or forged documents.

Child Safety: Spider maintains a zero-tolerance policy toward Child Sexual Abuse and Exploitation (CSAE) and Child Sexual Abuse Material (CSAM). The use of Spider for any conduct involving the sexual abuse or exploitation of children, or for creating, uploading, or distributing Child Sexual Abuse Material, is strictly prohibited. For more information about our child safety standards, prohibited conduct, reporting mechanisms, and enforcement measures, please refer to our Child Safety Standards & CSAE Prevention Policy.

We reserve the right to update these Terms of Service from time to time.

1.2 Definitions

• "Spider," "we," "us," or "our" refer to Spider Messenger, Inc.
• "Content" refers to information, text, links, graphics, photos, videos, software, or other materials that you upload, post, transmit, share, or otherwise make available through the Service.

2.1 Privacy and Security Principles

Since Spider was founded, we have built our Service with strong privacy and security principles in mind. Our core feature is end-to-end encryption. This means that no one, not even Spider, can read or listen to the content of your messages, except for you and the people you communicate with. However, this does not exempt you from your obligations under these Terms. We reserve the right to investigate accounts suspected of violating these Terms (such as for distributing illegal content, fraud, or abusive behavior) based on user reports, analysis of anomalous metadata (such as sending frequency or whether a destination address is associated with known malicious addresses), or lawful requests from law enforcement agencies, and to take measures including banning the account.

2.2 Connecting You with Others

We provide and are always improving ways for you to communicate with other Spider users.

2.3 How We Improve Our Services

We analyze aggregated and anonymized metadata (such as feature usage frequency) to improve our Services. We do not analyze the content of your communications for this purpose.

2.4 Data Storage and Transfer

To operate our global Services, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our Services.

4.1 Eligibility

Eligibility. You must (a) be at least 18 years old or the minimum legal age in your country required to use our Service; (b) if you need to use the Web3 or finance-related features of the Service, you must confirm that you have reached the legal age of majority in your jurisdiction (typically 18 years old); (c) not be prohibited from receiving our Service; and (d) not have had an account previously disabled by us for a serious violation of these Terms.

4.2 Compliance with Our Terms and Policies

You must use our Services according to our Terms and posted policies. If you violate our Terms or policies, we may take action against your account, including disabling or suspending it, and if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the "Availability and Termination of Services" section below.

4.3 Acceptable Use

To help provide a safe and open service for a broad community, you must access and use our Services only for legal, authorized, and acceptable purposes. You will not (nor help or encourage others to) access or use the Services to:

• Impersonate others or provide inaccurate information. You are not required to disclose your identity on Spider, but you must provide us with accurate and up-to-date information (including registration information), which may include providing personal data. You may not impersonate someone you are not, and you cannot create an account for someone else unless you have their express permission.
• Do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• Violate (or help or encourage others to violate) these Terms or our policies.
• Interfere with or impair the intended operation of the Services. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
• Attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission, whether or not you are logged into a Spider account.
• Sell, license, or purchase any account or data obtained from us or our Services, whether or not you are logged into a Spider account. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials of other users; or request or collect Spider usernames, passwords, or misappropriated access tokens.
• Post someone else's private or confidential information without permission or do anything that infringes on someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
• Take or attempt to take any action to circumvent, bypass, or defeat any technological measure implemented to control or limit access to our Services or data.
• Use the Services to upload, transmit, distribute, store, or otherwise make available:
•   ○ files that contain viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
•   ○ any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;
•   ○ any private information of any third party, including addresses, phone numbers, email addresses, numbers and features in personal identity documents (e.g., National Insurance numbers, passport numbers), or credit card numbers;
•   ○ any content which infringes or may infringe any copyright, trademark, or other intellectual property or privacy rights of any other person;
•   ○ any content that is defamatory of any person, obscene, offensive, pornographic, hateful, or inflammatory;
•   ○ any content that would constitute, encourage, or provide instructions for a criminal offense, dangerous activities, or self-harm;
•   ○ any content that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass, or upset people;
•   ○ any content that contains a threat of any kind, including threats of physical violence;
•   ○ any content that is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability, or sexuality.
• Send unsolicited communications, promotions, advertisements, or spam.

4.4 Child Safety

Spider maintains a zero-tolerance policy toward Child Sexual Abuse and Exploitation (CSAE) and Child Sexual Abuse Material (CSAM). Users may not use Spider to create, upload, send, distribute, or store any content involving the sexual abuse or exploitation of children, or engage in related conduct. For more information about our child safety standards, prohibited conduct, reporting mechanisms, and enforcement measures, please refer to the Spider Child Safety Standards & CSAE Prevention Policy.

4.5 Keeping Your Account Secure

You are responsible for keeping your device and your Spider account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

5.1 Your Rights

Spider does not claim ownership of the Content that you submit for your Spider account or through our Services. You retain any rights you already hold in that Content.

5.2 Spider's Rights

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines.

5.3 The License You Grant to Spider

In order to operate and provide our Services, you grant Spider a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display the public-facing materials you provide to use the Services (such as your profile name, profile picture, and "about" information).

5.4 The License Spider Grants to You

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

10.1 Negotiation to Resolve Disputes

We believe most disputes can be resolved amicably. Before you take any formal legal action (such as filing a lawsuit or arbitration), you agree to first contact us and make a good faith effort to resolve the dispute informally through negotiation.

How to Initiate Negotiation: Please send a written notice describing your issue to [spidermessengers@gmail.com].

Notice Content: Your email must include: (1) your name; (2) the email address or phone number associated with your Spider account; (3) a detailed description of the issue; and (4) your desired resolution.

Negotiation Process: Upon receipt of the notice, our team will contact you within 30 business days. Both parties agree to communicate via email or online meetings during this period to seek a resolution.

10.2 Governing Law and Jurisdiction

If you are a consumer user, or where required by applicable law, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Spider Service ("Dispute"), and you may resolve your Dispute in any competent court in your country that has jurisdiction over the Dispute.

In all other cases (e.g., if you are not a consumer user), and for any action that Spider brings against you, you and we both agree that:

● Exclusive Jurisdiction: Any Dispute shall be resolved exclusively in the competent courts of the British Virgin Islands (BVI).

● Governing Law: The laws of the British Virgin Islands (BVI), without regard to its conflict of laws principles, will govern these Terms and any such Dispute.

● Personal Jurisdiction: You agree to submit to the personal jurisdiction of the aforementioned courts for the purpose of litigating any such Dispute.

Without prejudice to the foregoing, Spider reserves the right, in its sole discretion, to resolve any Dispute against you in any competent court in your country of residence that has jurisdiction over the Dispute.

11.1 Availability of Our Services

We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including 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.

11.2 Termination

We may remove any content or information you share on the Services if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law. We may refuse or stop providing all or part of the Services to you immediately if:

  ○ to protect our community or services;

  ○ you create risk or legal exposure for us;

  ○ you violate these Terms of Use or our policies;

  ○ you repeatedly infringe other people's intellectual property rights;

  ○ or we are permitted or required to do so by law. We may also terminate or change the Services, remove or block content or information shared on our Services, or stop providing all or part of the Services if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us.

  ○ If your account does not become active after account registration or if it remains inactive for an extended period of time, we may also disable or delete your account.

The following provisions will survive any termination of your relationship with Spider: "Licenses," "Disclaimers," "Limitation of Liability," "Indemnification," "Dispute Resolution," "Availability and Termination of Services," and "Other."