Terms and Conditions

Last updated on February 1st, 2021

Sutom Privacy Policy explains how Sutom and parent company Straw Technologies SARL collects, uses, shares, and protects your information in relation to Sutom mobile and web services (“Service”). By using Sutom Service, you understand and agree to the terms and conditions of Sutom Terms of Use and our Privacy Policy (https://straw-tech.io/privacy). Sutom permits you to use Sutom App and Sutom Website(s) solely in accordance with these Terms of Use. Sutom retains ownership of Sutom App and Sutom Website(s) at all times. These Terms of Use apply to the use of any updates or changes to Sutom App and Sutom Website(s) that we may issue from time to time. Sutom may terminate the Licences granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licences shall automatically terminate. Where any of the Licences are terminated, you agree to immediately cease using and accessing Sutom Website(s) and Sutom App and to delete any copies of Sutom App held by you.

Your consent to the processing of personal data

By downloading, installing or using Sutom App or Sutom Website(s) and/or by submitting personal data to Sutom, you agree to the collection and processing of your personal data in the manner provided for in our privacy policy, a copy of which is available at the following link https://straw-tech.io/privacy (the “Privacy Policy”). Our Privacy Policy explains how we process the personal data we collect in connection with your use of Sutom App and Sutom Website(s).

User age restrictions

Sutom App and Sutom Website(s) are not intended for use by children under the age of 13. If you are under the age of 13 you must not use Sutom App and Sutom Website(s). If we discover that any such use is taking place we will immediately terminate any relevant user account(s) facilitating such use. If you are below the age of 16, you must have obtained the consent of your parent or legal guardian to your use of Sutom App and Sutom Websites(s) subject to our Privacy Policy and provided reasonable evidence of this to us using the contact details specified in below.

Rights to Sutom App, Sutom Website(s) and their content

All intellectual property rights and other rights in or to Sutom App and Sutom Website(s), and any content of either, made available by or on behalf of Sutom and its licensors, belong to and remain at all times with Sutom and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to Sutom App or Sutom Website(s) or any contents of either. Sutom App and Sutom Website(s) are licensed and not sold under these Terms of Use. The only rights granted to you in relation to Sutom App and Sutom Websites(s) under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to Sutom App or Sutom Website(s) is granted by us. Where you submit any content whatsoever (“Content”) to Sutom App or Sutom Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to Sutom App, Sutom Website(s) and our business from time to time, in accordance with our Privacy Policy. We welcome any feedback or suggestions for improvements relating to Sutom App, Sutom Website(s) and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this. Save as expressly permitted by us in these Terms of Use, you must not use the content on Sutom App or Sutom Website(s) (other than content that is submitted by you to Sutom App) for any commercial purpose without obtaining written permission from us to do so first.

Use of Sutom App

In order to use Sutom App, you must create a user account (a “Sutom Account”). You are responsible for all uses of your Sutom Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your Sutom Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Sutom Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered. Your Sutom Account logs details of all Sutom generated by you and any transfers of Sutom to or from your Sutom Account. Please review your Sutom Account regularly. If you identify any erroneous transaction or unexpected activity on your Sutom Account, or you believe that the security of your Sutom Account has been compromised, you must let us know as soon as possible. When using Sutom App on your mobile device, you acknowledge and agree that Sutom operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.

Changes and updates to Sutom App and Sutom Website(s)

Sutom reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to Sutom App and/or Sutom Website(s), and/or (ii) alter the functionality or contents of Sutom App and/or Sutom Website(s) with or without notice to you. We may issue updates to Sutom App from time to time. Depending upon the nature of the update, you may not be able to continue to use Sutom App until you have downloaded the latest version of Sutom App.

Contacting us

In relation to any matters concerning Sutom App and Sutom Website(s), including any feedback, questions, complaints or claims, please contact us by email to [email protected] Sutom welcomes any feedback you may have on Sutom App.

No warranty

Sutom App and Sutom Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of Sutom App, Sutom Website(s) or the contents of any of them. Sutom does not warrant or undertake that use and availability of Sutom App and Sutom Website(s) will be uninterrupted or error-free. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO Sutom APP OR Sutom WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF Sutom IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Third Party Content

For your convenience Sutom may include in Sutom App or Sutom Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that Sutom has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you. Sutom App and Sutom Website(s) may include content submitted by other users of Sutom App and Sutom Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content. The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

Changes and updates to the Terms of Use

We may change or update these Terms of Use and/or our Privacy Policy from time to time. If we decide to do this we will post such changes or updates on our website https://straw-tech.io and on Sutom App, so that you are always aware of the terms and conditions for the use of Sutom App and Sutom Website(s). If we make a significant change to these Terms of Use and our Privacy Policy, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use and our Privacy Policy on Sutom App or Sutom Website(s) from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use or our Privacy Policy, by continuing to use Sutom App or any Sutom Website(s) you agree to be bound by such change or update. From time to time we may make available additional terms or guidance in relation to the usage of Sutom App or Sutom Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use Sutom App or any Sutom Website(s).

Limitation of liability

You acknowledge that Sutom App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of Sutom App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with Sutom App, Sutom Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, Sutom App or Sutom Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of Coins by us. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the maximum aggregate limit specified in the following paragraph.

Apple's requirements

As users of the App Store operated by Apple Inc, we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms of Use.

General

We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent. Any attempt to do so without our consent will be void. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control. If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Attachment 1

App Store Terms

1. The Terms of Use are concluded between you and Sutom, and not with Apple Inc (“Apple”). Sutom App and its contents are the responsibility of us, our licensors and users of Sutom App (to the extent that such users create, submit or distribute any content via Sutom App) and not Apple.

2. The licence to use Sutom App granted under these Terms of Use is a non­transferable license for you to use Sutom App on an Apple­branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that Sutom App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.

3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Sutom App. We do not offer maintenance or support services in connection with Sutom App.

4. Apple will have no warranty obligation whatsoever with respect to Sutom App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of Sutom App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.

5. We, not Apple, are responsible for addressing any claims by you or any third party relating to Sutom App or your possession and/or use of Sutom App, including, but not limited to: (i) product liability claims; (ii) any claim that Sutom App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. In the event of any third party claim that Sutom App or your possession or use of Sutom App infringes that third party’s intellectual property rights, Sutom and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

7. 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.

8. You must comply with any third party terms that are applicable to the use of Sutom App from time to time.

9. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof