Core Chat — Terms & Conditions

These Terms & Conditions (the "Terms") govern your access to and use of Core Chat, a corporate messaging application, including its mobile applications, desktop applications, web interfaces and related services (collectively, the "Service"). The Service is provided by White Rock LTD ("White Rock", "we", "us" or "our"), a company incorporated under the laws of the United Arab Emirates.

By downloading, installing, accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. If you are using the Service on behalf of an organisation, you represent that you are authorised to do so.

• "Organisation" (or "Customer") means the company, employer or other legal entity that has entered into an agreement with White Rock for the provision of the Service and that has authorised you to use it.
• "User" (or "you") means an individual authorised by an Organisation to access and use the Service, or an individual using the Service in a personal capacity where permitted.
• "Customer Content" means messages, files, images, voice and video communications and any other content submitted to the Service by Users of an Organisation.
• "Admin" means a User designated by an Organisation with rights to manage the Organisation’s workspace, Users and settings.
• "App Store" means the Apple App Store, Google Play or any other authorised distribution platform through which the application is made available.

Core Chat is a workplace communication tool designed for use by organisations. In most cases, your account is provisioned, managed and controlled by your Organisation. Your Organisation determines which features are enabled, who may join its workspace, applicable retention settings, and may access, monitor, export, restrict or delete Customer Content and accounts within its workspace in accordance with its own policies and applicable law.

Any agreement between White Rock and your Organisation (such as a master services agreement, subscription agreement or order form) takes precedence over these Terms in the event of a conflict, to the extent of that conflict, with respect to that Organisation and its Users.

White Rock is not responsible for the internal policies, decisions or actions of your Organisation, including decisions regarding access to or deletion of your account or content.

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Service. The Service is intended for business and professional use and is not directed at children.

You may not use the Service if you are barred from doing so under applicable law, or if your account has been previously suspended or removed by White Rock or your Organisation.

Subject to your compliance with these Terms, White Rock grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use the Core Chat application on devices that you own or control, solely for the purpose of communicating within the scope authorised by your Organisation and in accordance with these Terms and any applicable App Store rules.

All rights not expressly granted are reserved by White Rock and its licensors. The Service is licensed, not sold.

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to provide accurate registration information, keep it up to date, and notify White Rock or your Organisation’s Admin promptly of any unauthorised use of your account or any other breach of security.

White Rock may suspend or terminate accounts that it reasonably believes have been compromised or are being used in violation of these Terms.

You agree not to, and not to attempt to:

• use the Service for any unlawful, fraudulent or malicious purpose, or in violation of any applicable law or regulation, including the laws of the United Arab Emirates;
• upload, share or transmit content that is unlawful, defamatory, harassing, threatening, obscene, or that infringes the intellectual property, privacy or other rights of any third party;
• transmit malware, viruses or any other harmful code, or interfere with or disrupt the integrity, security or performance of the Service;
• probe, scan or test the vulnerability of the Service, or circumvent any authentication or security measure;
• access the Service by any automated means (bots, scrapers) except through interfaces expressly provided by White Rock;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service, except to the extent permitted by mandatory applicable law;
• copy, modify, distribute, sell, rent, lease or sublicense any part of the Service;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• use the Service to send unsolicited bulk communications (spam); or
• use the Service to develop a competing product or service.

White Rock may investigate suspected violations and may suspend or terminate access, remove content, and/or notify the relevant Organisation or authorities where required.

As between you, your Organisation and White Rock, Customer Content remains the property of the submitting User and/or the Organisation, as determined by the arrangements between them. White Rock claims no ownership of Customer Content.

You grant White Rock a worldwide, non-exclusive, royalty-free licence to host, store, transmit, reproduce, display and otherwise process Customer Content solely to the extent necessary to provide, maintain, secure and improve the Service, to comply with law, and as otherwise instructed by your Organisation.

The Service itself, including its software, design, trademarks, logos and documentation, is and remains the exclusive property of White Rock and its licensors, and is protected by intellectual property laws. Nothing in these Terms grants you any right to use the White Rock or Core Chat names, trademarks or logos.

You represent and warrant that you have all rights necessary to submit Customer Content and that such content does not violate these Terms or any applicable law.

Our collection and use of personal data in connection with the Service is described in the Core Chat Privacy Policy, available within the application and at our website. By using the Service you acknowledge the Privacy Policy. Where the Service is provided to you through an Organisation, that Organisation controls Customer Content and certain personal data, and its own privacy policies also apply.

Access to the Service is typically purchased by your Organisation under a separate agreement, and no fees are payable by individual Users through the App Store unless expressly stated otherwise at the point of purchase. Where paid features are offered directly to Users, prices, billing terms and renewal terms will be disclosed prior to purchase and processed in accordance with the applicable App Store rules.

White Rock may release updates, upgrades, patches and new versions of the application, and may add, modify or remove features from time to time. Some updates may be required for continued use of the Service. The Service may occasionally be unavailable due to maintenance, updates or circumstances beyond our reasonable control.

Unless otherwise agreed with your Organisation, the Service and support are provided on a commercially reasonable efforts basis without any guaranteed service levels toward individual Users.

The Service may interoperate with, or contain links to, third-party services, integrations or content. White Rock does not control and is not responsible for third-party services, and your use of them is governed by the relevant third party’s terms and privacy policies.

If you downloaded the application from the Apple App Store, the following additional terms apply:

• These Terms are concluded between you and White Rock only, and not with Apple Inc. ("Apple"). Apple is not responsible for the application or its content.
• The licence granted to you is limited to a non-transferable licence to use the application on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.
• In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the application.
• Apple is not responsible for addressing any claims by you or any third party relating to the application or your possession and use of it, including product liability claims, claims that the application fails to conform to legal or regulatory requirements, and claims arising under consumer protection, privacy or similar legislation.
• In the event of any third-party claim that the application or your possession and use of it infringes that third party’s intellectual property rights, White Rock, not Apple, is solely responsible for the investigation, defence, settlement and discharge of such claim.
• 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.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• Questions, complaints or claims regarding the application should be directed to White Rock at legal@white-rock.ae.

If you downloaded the application from Google Play, you acknowledge that these Terms are between you and White Rock only, that Google LLC is not responsible for the application, and that your use of Google Play is subject to the Google Play Terms of Service.

These Terms apply from the moment you first use the Service and remain in effect until terminated. You may stop using the Service and delete your account at any time (or request deletion via your Organisation’s Admin, where your account is managed by an Organisation).

White Rock may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice if: (a) you materially breach these Terms; (b) we are required to do so by law or by an order of a competent authority; (c) your Organisation’s agreement with White Rock expires or is terminated; or (d) your Organisation instructs us to do so.

Upon termination, the licence granted to you ends and you must cease using the application. Sections which by their nature should survive termination (including Sections 8, 15, 16, 17 and 18) shall survive.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHITE ROCK AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WHITE ROCK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL NOT BE LOST.

Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WHITE ROCK, ITS AFFILIATES, LICENSORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF WHITE ROCK TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PERSONALLY PAID TO WHITE ROCK FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED US DOLLARS (USD 100).

Nothing in these Terms excludes or limits liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.

To the extent permitted by applicable law, you agree to indemnify and hold harmless White Rock and its affiliates, officers, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with your Customer Content, your use of the Service in violation of these Terms, or your violation of any law or the rights of a third party.

These Terms and any dispute or claim arising out of or in connection with them or the Service shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of [Dubai / Abu Dhabi], without regard to conflict-of-laws principles.

The courts of [Dubai / Abu Dhabi], United Arab Emirates shall have exclusive jurisdiction to settle any such dispute or claim, without prejudice to any mandatory consumer rights you may have to bring proceedings in your country of residence.

White Rock may modify these Terms from time to time. If we make material changes, we will provide notice through the Service, the App Store listing or other reasonable means before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

• Entire agreement. These Terms (together with the Privacy Policy and, for Organisation-managed accounts, the agreement between White Rock and your Organisation) constitute the entire agreement between you and White Rock regarding the Service.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No waiver. A failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
• Assignment. You may not assign or transfer these Terms without White Rock’s prior written consent. White Rock may assign these Terms in connection with a merger, acquisition, corporate reorganisation or sale of assets.
• Export compliance. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Service.
• Force majeure. White Rock shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control.

If you have questions about these Terms, please contact us at:

• Email: legal@white-rock.ae
• Address: White Rock LTD, United Arab Emirates
• Website: https://white-rock.ae