Thank you for using Sesher’s apps, products and services (“Sesher” or the “Service”). By using or accessing Sesher, you are agreeing to these terms (“Terms”) and Sesher’s Data Policy (which is incorporated by reference).
PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE PROVISIONS IN ALL CAPS AND BOLD. IN PARTICULAR, PLEASE READ PARAGRAPHS 9 AND 10, WHICH CONTAIN MANDATORY INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS, AND COLLECTIVELY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND SESHER UNDER THE CIRCUMSTANCES DESCRIBED IN THOSE PARAGRAPHS. PLEASE ALSO NOTE THAT YOUR AFFIRMATIVE AGREEMENT TO THESE TERMS EVIDENCES YOUR CONSENT TO CHARGE YOUR PAYMENT METHOD IN THE AMOUNTS DESCRIBED IN PARAGRAPH 4 BELOW.
Using and Misusing Sesher. You must be over 16 years of age and a resident of the United States to use Sesher. You agree that you will not: do anything to misuse, compromise, disable, overburden, impair, or interfere with the Service in any way; or copy, distribute, modify, disassemble, decompile, extract source code from, or reverse engineer any Sesher app. You represent and warrant you will comply with all applicable laws, rules, and regulation when using Sesher, and agree not to use Sesher in any way that causes Sesher to violate the law, or causes liability of any kind for Sesher.
Data Deletion and Account Termination. You agree that Sesher may delete any Information, for any reason. You agree that Sesher may limit, suspend, or terminate your account for any reason. You may terminate your account at any time by email to [email protected].
Notifications. You agree to receiving emails, text messages, and phone calls from Sesher.
Payment Terms. As a precondition for using Sesher, you consent and agree to Sesher charging any credit card, debit card, or other Sesher-approved payment method (“Payment Method”) you have provided to Sesher or its payment processor a recurring monthly fee of $25 (the “Monthly Subscription Fee”) at the beginning of each monthly billing cycle (hereinafter a "Billing Cycle" or "Month"). All payments must be made in US dollars. If your Payment Method is a credit or debit card, you agree that you will maintain valid and current credit or debit card information with Sesher’s payment card processor. If Sesher is unable to charge your Payment Method because it is no longer valid, or any amount that Sesher has charged is charged back, you agree to provide Sesher with an acceptable alternative Payment Method. You acknowledge and agree that Sesher does not need to get any future or additional authorizations from you to charge the Monthly Subscription Fee to your Payment Method, and you authorize Sesher to continue charging the Subscription Fee at the beginning of each month until your account is terminated. You further agree that once a Monthly Subscription Fee is charged to your Payment Method for any given Billing Cycle, it will not be refunded. You are responsible for any data or text messaging charges you incur when you use Sesher on your mobile phone. Any future changes to pricing will be made here and/or on Sesher’s Pricing page.
NO WARRANTIES. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, SESHER DOES NOT MAKE ANY SPECIFIC PROMISES, WARRANTIES, REPRESENTATIONS, OR GUARANTEES ABOUT THE SERVICE. FOR EXAMPLE, SESHER DOES NOT MAKE ANY COMMITMENTS ABOUT THE SAFETY OR SECURITY OF THE SERVICE, OR ABOUT THE SERVICE’S RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SESHER PROVIDES THE SERVICE “AS IS” AND ON AN “AS AVAILABLE” BASIS. SOME JURISDICTIONS MAY NOT ALLOW FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO BE EXCLUDED, IN WHICH CASE THE APPLICABLE DISCLAIMERS IN THIS SECTION WILL NOT APPLY TO YOU. OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, SESHER EXCLUDES ALL WARRANTIES. USE SESHER AT YOUR OWN RISK.
LIMITED LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, SESHER WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR ANY OTHER SESHERANCIAL OR INTANGIBLE LOSSES, EVEN IF SESHER HAS BEEN ADVISED OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SESHER FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID SESHER TO USE THE SERVICE OR $25. IN ALL CASES, SESHER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, AND WILL NOT BE RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW FOR CERTAIN TYPES OF LIABILITY TO BE LIMITED, IN WHICH CASE THE APPLICABLE LIMITATIONS WILL NOT APPLY TO YOU.
INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SESHER AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM ANY CLAIM OR DISPUTE (COLLECTIVELY “DISPUTE”), AND ANY AND ALL JUDGMENTS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO LEGAL FEES AND COSTS) ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY ALLEGED OR ACTUAL BREACH OF THESE TERMS.
Governing Law. The laws of the State of California (excluding California’s conflict of laws rules) and the Federal Arbitration Act (9 U.S.C. §§ 1-16) will apply to any Disputes arising out of or relating to these Terms or the Service.
Arbitration. If you have a Dispute with Sesher, you agree to first contact Sesher at [email protected] and attempt to resolve the Dispute informally. If you and Sesher are not able to resolve the Dispute after sixty (60) days, then you and Sesher agree to resolve the Dispute through binding arbitration by JAMS, under JAM’s Optional Expedited Arbitration Procedures. The arbitration will be conducted in San Francisco County, California, unless you and Sesher agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing: (i) you may sue Sesher in a small claims court of competent jurisdiction after first engaging in the informal dispute resolution process above; and (ii) you and Sesher have the right to seek injunctive or other equitable relief from the federal and state courts located in San Francisco County, California. You and Sesher each consent to personal jurisdiction in the federal and state courts located in San Francisco County, California for any such actions.
CLASS ACTION WAIVER. YOU AND SESHER AGREE TO WAIVE THE RIGHT TO BRING OR OTHERWISE PARTICIPATE IN A CLASS ARBITRATION, CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING (COLLECTIVELY “REPRESENTATIVE PROCEEDING”). THIS MEANS, AMONG OTHER THINGS, THAT YOU AND SESHER AGREE THAT ANY AND ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF, CLASS ACTION REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY REPRESENTATIVE PROCEEDING. OU AGREE THAT YOU HAVE KNOWINGLY AND EXPRESSLY WAIVED SUCH RIGHTS.
DMCA Notices. Sesher responds to notices of copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”). You can email such notices to [email protected].
California Residents. Pursuant to California Civil Code §1789.3, California users of the Service may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. You can find Sesher’s contact information at the bottom of these Terms.
Apps from the Apple App Store. The following applies to any Apps you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Sesher, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Sesher as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Sesher as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Sesher, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Sesher acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
General Terms. These Terms and the Data Policy contain the entire agreement between you and Sesher concerning the Service, and supersedes any all prior agreements in their entirety. If it turns out that any term is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and Sesher doesn’t take action right away, this doesn’t mean that Sesher is waiving or giving up any rights that it may have (including taking action in the future). Sesher may transfer and assign its rights and obligations under these Terms without restriction.
Changes to these Terms. Sesher may make changes to these Terms by posting the updated version here, and updating the date of last revision at the bottom of this page. If Sesher makes a material change to these Terms, Sesher will also notify you by email. Sesher sends notices of material changes by email because many Sesher users only communicate with Sesher by email. Your continued use of Sesher after any such change constitutes acceptance of the amended Terms. If you do not agree to any of these Terms, or any changes Sesher makes to these Terms in the future, then you should stop using Sesher.
Questions about these Terms. If you have questions about these Terms, you can send an email to [email protected] or write to Sesher at:
Attn: Legal Department 1054 24th St Oakland, CA 94607
Date of last revision: October 23, 2018