Last update at 19.10.2020
We reserve the right to update these Terms of Service later.
Incognito Messenger utilizes state-of-the-art security and end-to-end encryption to provide private messaging, Internet calling, and other services to users worldwide. You agree to our Terms of Service (“Terms”) by installing or using our apps, services, or website (together, “Services”).
Minimum Age. Incognito Messenger is a communication service. There are no account registration requirements. You provide basic account data only (which may include profile name (nickname), profile picture and about information) to use Incognito Messenger. We don't want to know your real name, gender, age or what you like.
Profile Data. You must be at least 18 years old to use our Services. The minimum age to use our Services without parental approval may be higher in your home country. Citizens of EU countries and the United Kingdom must be at least 18 years old to sign up.
Privacy of user data. Incognito does not sell, rent or monetize your personal data or content in any way – ever.
Software. In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services.
Fees and Taxes. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of Incognito Messenger, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications.
Spam and Abuse. To prevent phishing, spam and other kinds of abuse and violations of Incognito’s Terms of Service, our moderators may check messages that were reported to them by their recipients. If a spam report on a message you sent is confirmed by our moderators, your account may be limited temporarily or permanently. In case of more serious violations, your account may be banned. We may also use automated algorithms to analyze messages in cloud chats to stop spam and phishing.
You can send an appeal by pressing on a respective message. When the context menu appears, please select “Report on abusive” to send a message to Support. Normally, Support acts on objectionable content reports within 24 hours.
Harm to Incognito Messenger. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Incognito, our Services, or systems. For example you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; or (e) sell, rent, or charge for our Services.
Keeping Your Account Secure. Incognito embraces privacy by design and does not have the ability to access your messages. You are responsible for keeping your device and access to your Incognito Messenger safe and secure.
No Access to Emergency Services. Our Services do not provide access to emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you can contact emergency service providers through a mobile, fixed-line telephone, or other service.
Third-party services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.
Sent Messages. Sent messages are stored in encrypted manner on our servers for seven days. If not read (not received by recipient), messages to be deleted on a server and left on a sender’s device only.
Read Messages. Read messages are deleted from the server IMMEDIATELY after being read by recipient (-s) and remains only on chat’s participants devices.
All data is stored heavily encrypted and the encryption keys in each case are stored in several other data centers in different jurisdictions. This way local engineers or physical intruders cannot get access to user data.
Secret Chats. All Incognito Messenger chats use end-to-end encryption. This means that all data is encrypted with a key that only you and the recipient know. There is no way for us or anybody else without direct access to your device to learn what content is being sent in those messages. We do not store your secret chats on our servers. We also do not keep any logs for messages in secret chats, so after a short period of time we no longer know who or when you messaged via secret chats. For the same reasons secret chats are not available in the cloud — you can only access those messages from the device they were sent to or from.
Media in Secret Chats. When you send photos, videos or files via secret chats, before being uploaded, each item is encrypted with a separate key, not known to the server. This key and the file’s location are then encrypted again, this time with the secret chat’s key — and sent to your recipient. They can then download and decipher the file. This means that the file is technically on one of Incognito’s servers, but it looks like a piece of random indecipherable garbage to everyone except for you and the recipient. We don’t know what this random data stands for and we have no idea which particular chat it belongs to.
Public Chats. Incognito does not support public channels and public groups. Only Private Chats and Private Group Chats chats are available.
Delete message. Users can delete sent messages from the chats. To delete, tap and hold on a respective message until the context menu appears. Please select “Delete Message”. Selected message(s) will be deleted immediately on your device. If not read yet, sent messages will be deleted on cloud servers as well. Read messages will be deleted when the recipient's device will be connected to the Incognito network.
Delete Chat. Private (Group and Personal) chats may be deleted by Chat Admin only.
Your Rights. You own the information you submit through our Services. You must have the rights to the phone number you use to sign up for your Incognito account.
Incognito’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact [email protected]
Incognito’s License to You. Incognito grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.
Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. Incognito DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “Incognito PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
Limitation of liability. THE INCOGNITO MESSENGER’s PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE Incognito PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE Incognito PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
Resolving disputes. You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in the “London Court of International Arbitration”. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of the United Kingdom govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between Incognito and you, without regard to conflict of law provisions.
Ending these Terms. You may end these Terms with Incognito at any time by deleting Incognito Messenger from your device and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for Incognito. The following provisions will survive termination of your relationship with Incognito: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.
Incognito Messenger may update the Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and Incognito regarding our Services. If you do not agree with our Terms, you should stop using our Services.
If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at [email protected].
Incognito Messenger utilizes state-of-the-art security and end-to-end encryption to provide private messaging and Internet calling services to users worldwide (“Services”). Your calls and messages are always encrypted, so they can never be shared or viewed by anyone but yourself and the intended recipients.
Account Information. You register a nickname when you create a new Incognito chat. Personal chat and Group chat’s names also will be stored for a certain time. You may optionally add other information to your account, such as profile picture. This information is end-to-end encrypted.
Messages. Incognito Messenger cannot decrypt or otherwise access the content of your messages or calls. Incognito Messenger queues end-to-end encrypted messages on its servers for delivery to devices that are temporarily offline (e.g. a phone whose battery has died). Your message history is stored on your own devices.
Additional technical information is stored on our servers, including randomly generated authentication tokens, keys, push tokens, and other material that is necessary to establish calls and transmit messages. Incognito limits this additional technical information to the minimum required to operate the Services.
Contacts. Incognito can optionally discover which contacts in your address book are Incognito Messenger users, using a service designed to protect the privacy of your contacts. Information from the contacts on your device may be cryptographically hashed and transmitted to the server in order to determine which of your contacts are registered.
User Support. If you contact Incognito User Support, any personal data you may share with us is kept only for the purposes of researching the issue and contacting you about your case.
Managing your information. You can manage your personal information in Incognito’s application Settings. For example, you can update your profile information.
Third Parties. We work with third parties to provide some of our Services. For example, our Third-Party Providers send a verification code to your phone number when you register for our Services. These providers are bound by their Privacy Policies to safeguard that information. If you use other Third-Party Services like YouTube, Spotify, Giphy, etc. in connection with our Services, their Terms and Privacy Policies govern your use of those services.
Other instances where Incognito may need to share your data: