Terms and conditions

By using this site and making use of Sengi, a product and service offered by Sengi Corporation, you agree to abide by the following Terms and Conditions for use. These Terms and Conditions cover all present and future features offered by your Sengi products and services, individually and collectively referred to as the "Service".

Users of the Service

This Service is provided exclusively to individuals who are at least 16 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account. Each user is solely responsible for all of his or her photos and messages related to the use of the Service.

Use of the Service

By using this Service, you agree to not use this Service for any unlawful or prohibited activities. You also agree to not disrupt the Sengi networks and servers. You further agree to not use Sengi to send spam or junk photos, or sending photos to list of contacts that contain persons that have not specifically agreed to be included on that list. For the purpose of these Terms and Conditions, spam shall refer to irrelevant or unsolicited messages sent over the Internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware or virus ("Spam"). Any account found to be generating Spam will be immediately suspended. We may also terminate accounts which are being used for illegal activity, in particular in response to court orders from the competent authorities informing us of such illegal activity. Sengi has no obligation to store or forward the contents of terminated accounts. We also have no obligations to store messages for accounts that are over their storage quotas. Due to the encrypted nature of Sengi, you acknowledge that the Company has no ability or obligation to recover your data.

Limited warranties and liability

The Company does not make any warranty about the reliability of the Service and does not guarantee the security of user data despite best efforts. The Service is provided “as is” and you agree to not hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance. Furthermore, you will not hold the Company liable or seek indemnification if personal or confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Service.

Indemnification

You agree that the Company, and any parents, subsidiaries, officers, employees, or third party contractors cannot be held responsible for any third party claim, demand, or damages, including reasonable attorneys' fees, arising out of your use of this Service. You agree that Sengi, its parents, subsidiaries, officers, and employees cannot be held responsible for any third party claim, demand, or damage, including reasonable attorneys’ fees, arising out of your use of this Service.

Modifications to Terms of Service

Within the limits of applicable law, the Company reserves the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after such changes shall constitute your consent to such changes. We may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion, terminate service without cause or notice. Although it is not the current practice now, we reserve the right to suspend or delete accounts that are inactive for over six months.

Governing law

This Agreement will be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within Ontario, Canada for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.