Terms of Service

We tried keeping these terms of service short and sweet but we do have to disclose a few things, so it is probably longer than you want to read but we strongly encourage you to read the whole thing.
Because of the nature of the service that Notty provides, we may amend these terms of service with or without notice to reflect changes in Notty and the services we offer.

TERMS USED

Throughout these terms and conditions, we might use the following terms:

  • “we”/”our” which can refer to Notty, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, licensors, and advertisers, or a combination of some of these entities.
  • “You”, that’s you the user.
  • “services” or “our service” is anything that we provide on Notty. Services describes our intended use, not your use/misuse of the service.
  • “terms” or “terms of service” or “this contract” means everything described on this page.

DESCRIPTION OF SERVICE

Notty is an application that allows Social Media Creators, Business Owners, Organizations (and pretty much anyone really) to share notifications of their content created on other Social Media platforms or websites.
Notty is free to use for everyone, however, we may offer premium services to certain users in the future. We also reserve the right the charge for premium/expedited support in order to enhance your experience, and to be able to handle your support request in case of a high volume of requests.

NOTIFICATIONS

In order to enjoy the full benefits of Notty you need to have notifications turned on on your phone for the Notty app. You can still enjoy the app without having your notifications turned on, but you will not get the full benefit of the Notty app.

Notty will not send you third-party notifications other than those you subscribe for. However, we may send you notifications regarding new features available on Notty or other products in our lineup.
By installing and using Notty you agree to receive the phone notifications you have subscribed for.

WHO CAN USE NOTTY

Anyone above the age of 13 can use the Notty app. Notty is inclusive and tolerant of all philosophies, religions and lifestyles, however there are certain things that users should never do. Doing one (or more) of the following will result in your Notty account being suspended, and maybe banned from future use of the service. Depending on your violation, we may refer the matter to law enforcement depending on the rule you violated.

Our users shall not:

  • Lie about their age and register when under 13 years old at the time of sign up.
  • Use our service in any unlawful manner.
    • “Unlawful does not only mean unlawful in the United States. “Unlawful” means any action which are unlawful in the United State AND/OR in your country.
  • Make threats, harass, or promote any kind of violence, racism, or sexual deviance (such as pedophilia, bestiality, necrophilia, and similar/related practices).
  • Use our service to circumvent a law or a judgement against you.
  • Impersonate a person, a business, or a government body.
  • Abuse Notty service and/or resources in any way (this includes creating fake accounts).
  • Sell data/information that belongs to our users or information collected on Notty.
  • Use Notty to send notification at a frequency that would constitute spamming.

OUR COMMITMENT TO YOU

We are committed to provide you Notty free of charge. This means that we grant you a worldwide, royalty-free, limited license to use Notty to create Channels, post to your Channel(s), subscribe to other user’s channels and enjoy any other feature and service that Notty offers its users (all in accordance with the terms described herein).
We promise to do our best to keep Notty a safe environment where you can post content freely. However, no service, thing or situation is ever perfect, so please use discression when using our service.

CONTENT OWNERSHIP, USAGE AND COPYRIGHTS

While using Notty you remain the owner of your content, however by uploading/creating content on Notty you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content.

We will never sell or lease your content to anyone; or claim we are the author of such content.

By submitting content to Notty you represent and warrant that you are the owner, or that you have written authorization from the content owner to share it on Notty.

Speaking of content being yours… When you share or upload content to Notty you are representing that you are the owner of the copyrights of the content you are uploading or that you have explicit, written consent from the content’s owner. Any violation of this rule may be reported to the rightful owner of the content AND/OR the authorities in the United States and in your country.

We reserve the right to suspend/remove any content and/or user (and their content) that violates someone else’s copyright or trademark or other intellectual property.
We also reserve the right to remove content that does not abide by the terms described herein.

HOW WE MAKE MONEY

We display ads from third-party advertisers on the Notty app. The income from these ads allow us to keep the lights on. In this early stage, a lot of our service is self-funded to avoid having to display too many ads.

Notty and its affiliates are not affiliated with our advertisers. We do not endorse any product or service advertised on Notty. Users are asked to use their best judgement when considering purchasing products or services advertised on Notty.

USING OUR SERVICE

Using our service does not grant you any ownership over our content or the content of other users on Notty. This extends to us, our affiliated companies, our users and their affiliates as well as our advertisers and their affiliates. By using our service, you agree to abide by the terms described herein.
You further agree that you will not attempt to abuse our service in any way. You also agree to not copy our service or attempt to undermine it in any way.

DATA POLICY

Providing you our service requires collecting personal data. For example, when you create an account you share you name, your email, your date of birth and other information with us. Over the course of your use of the app you will share additional personal information or facts about yourself. This includes information revealed by your use of Notty. This information can be your likes, dislikes, habits, personal movements, location, health status and much more. This is inevitable with a Social Media service like Notty (or any other Social Media service). This information in stored on a database and may be backed up on various auxiliary systems. If this data collection is an issue for you, you cannot our app as per these terms of use.

We promise to do our best to protect your personal data and we promise to never sell your personally identifiable data. However, we may share or sell non-personally identifiable data. A good example non-personally identifiable data would be if someone wants to know how many of our users have more than x amount of subscribers. Or Someone wants to advertise only to people who use the app often. Yet another example would be if someone wanted to know how many users click on sports news posts/notifications often.

Canceling/deleting your account may not necessarily delete all data on our system. Likewise, deleting a post or any other activity on the app does not necessarily mean that the data is gone. You can request to have us delete your data from our database. In this case we will manually delete your data. This process can take some time and all requests are treated on a first-come/first-serve basis. We typically will try to process these requests within 30 days.

It is a violation of these terms to request to delete data associated with illegal activities.

If we suspect the data you are requesting to delete is connected to illegal activities, we reserve the right to review such data and refer the situation to the appropriate authorities.

YOUR COMMITMENT TO US

In exchange for providing you with the services of Notty, you promise to abide by the terms described herein. It is especially important that you follow the rules described under “WHO CAN USE NOTTY”.

LICENSE TO USE NOTTY

Notty gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services provided by Notty, in the manner permitted by the terms described herein.

The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms of Service gives you a right to use the Notty name or any of the Notty trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Notty and its licensors. Any feedback, comments, or suggestions you may provide regarding Notty, or the Services is entirely voluntary, and we reserve the right to use such feedback anyway we may see fit without any obligation to you.

ENDING OUR RELATIONSHIP

You can choose to delete your account at any point in time. If you would like your data to be permanently deleted from our records you can request to have it deleted.

Ending your relationship with Notty does not relieve you from prior obligations related to your use of Notty and the terms described herein.

Deleting our app from your device(s) and ceasing the use of our service will relieve you from further obligation under this Terms of Service agreement.

LIMITATIONS OF LIABILITY

Our service is provided to you “as-is”. Your access to our service and the related content is done so by you at your own risks. Notty, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, licensors, and advertisers, to the maximum extent permitted under applicable law, disclaim all warranties and conditions, whether expressed or implied, of merchantability, fitness for a particular purpose, or non-infringement.

By using the services provided by Notty you understand that we may have made mistakes in the content we bring to you or in the manner that content is brought to you. Any injury to your person or personal property arising out of such mistake(s) or error(s) shall not be the responsibility of Notty, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, licensors, and advertisers make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our service, will create any warranty or representation not expressly described in the terms herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTTY, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, AND ADVERTISERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NOTTY, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, AND ADVERTISERS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID NOTTY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT NOTTY OR THE ENTITIES LISTED ABOIVE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

AVAILABILITY OF SERVICE

By using our service you understand that the availability of our service may become interrupted as a result of phenomenon that we may or may not have control over. Notty also reserves the right to terminate our service with or without notice.

Notty, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, licensors, and advertisers shall not be held liable in the event that you or your business suffer financial loss as a result of the non-availability of our service; may this unavailability be temporary or permanent.

YOUR ACCOUNT

In order to use our Service you will have to create an account. This account will have a username and password. It is your responsibility to choose a secure password and protect it.

We do what we can to secure things on our end, so we ask that you return the favor and secure your account as best as you can. This means using safe practices and not sharing your password and using a different password than passwords you already use on other apps.

If your account becomes compromised, we will do whatever we can to get you back on your feet. However, content you have posted on the app might have been deleted by the un-authorized user and we may or may not be able to restore it. High volume of customer service requests may make this process particularly long.

ACCOUNT VERIFICATION

Notty offers account verification. A verified account means that our team has used its resources to confirm the identity of the user and ensure that they are who they represent that they are. Anyone can request to be Verified on Notty. Verification on Notty is 100% free. However, some accounts are more complicated to verify than others and we reserve the right to charge for expedited Verification.

GENERAL PROVISIONS

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://getnotty.com/page/terms-of-service.html, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

The laws of the State of Florida, will govern these Terms and any dispute that arises between you and Us. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Broward County, Florida, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Notty’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

These Terms are an agreement between you and Trade and Value Corp. dba Notty, 7944 NW 62nd Way, Parkland, FL 33067 USA. If you have any questions about these Terms, please contact us.

Effective Date: Nov. 30th, 2022