2.1 You may use the Service only if you are at least Eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations. Our app reserves the right to refuse to provide you with access to the app if we discover that you are under the age of 18 years. 2.2 If you are under the age of 18, you must only use this app under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this app by the minor and you are fully responsible for the minor’s use of this app, including all financial charges and legal liability that he or she may incur. 2.3 The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service. 2.4 We reserve the right to require you at any stage to provide proof of age, and, if applicable, approval of your use of the App by your parent or legal guardian, so that we can verify that only eligible Users are using the App. In the event that it comes to our knowledge that a person under the age of eighteen is using the App, we may prohibit and block such User from using the App and will make all efforts to promptly delete any Personal Information with respect to such User. 2.5 Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our app you agree to be bound by the Terms and Conditions.
7.1 The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), google play store etc. (each a third party provider) and may require that you be a registered member of such Third Party Provider and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Provider. 7.2 When you download an app using any third party provider then the fees/payments related to the download is made to such third party provider only and not us. Any such transactions shall be solely between you and the respective third party service provider and we shall not at any time be responsible or liable for any such transaction entered between you and third party service provider.
7. THIRD-PARTY PROVIDERS AND PAYMENTS:
END USER LICENSE AGREEMENT
4.1 Our App is not in any way responsible for the conduct or behaviour of Users who are using the app, nor for any Third Party Services (as defined below in clause 4.3 of this EULA) which may be linked through the app and/or initiated thereby. The App shall not be responsible nor liable for any damage or loss that may result from your or any other Users’ use of the app, and/or for any subsequent use of any Third Party Services. 4.2 The app does not in any way endorse any application, product, service, interaction or any content thereof which may be used or otherwise connected by Users on, to and/or through the app and/or any Third Party Services. 4.3 While using the app, you may launch and initiate use of various third party services and applications, such as for making calls, uploading and receiving data (collectively, “third party services”). Use of such third party services may be subject to additional charges for example, by your mobile network operator and/or the third parties providing such services. We highly recommend that you consider obtaining unlimited calling, messaging and data plans before using any such third party services. In any event we shall not be liable for any charges or other duties or limitations however imposed on you by third parties. 4.4 It is your responsibility to obtain any and all consents required under any applicable laws, and you hereby represent and warrant that you have duly obtained such consents necessary for the use of any information pertaining to others including your mobile contacts through or in connection with the app (including by way of initiating interactions with any such contacts through the app), and to adhere to any applicable state and federal laws regarding such information.
3.1 The App is aimed to make all your mobile interactions easy and simple by calling your contacts with a simple touch by touching his/her contact details. Our app is deeply integrated into your mobile device. It is connected to your phone and contacts. 3.2 Once you download our app on your mobile device, you can add contacts onto our app and also assign a photo of the contact on our app. Whenever you wish to make a call and you start to swipe the contact you wish to interact with, the App will show the preferred applications to interact with that specific contact, based on the applications already installed on your device, and on various other inputs such as the previous methods you used to interact with such contact, such contact’s availability to you via such applications, and other manual configurations by such contact. Accordingly, this may cause your and each User’s experience to differ according to the applications installed and/or running on the respective User’s device, and such User’s interactions initiated via the App. 3.3 We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org . If you provide us any Feedback, you agree that we may use, copy, modify, create derivative works of and otherwise exploit the Feedback for any purpose. 3.4 The Owner does not warrant or guarantee that the App or any part or feature thereof are error-free or will operate without disruption or interruption, nor that they will be in any way compatible or interoperable with your device or any other hardware, software or firmware installed on or used in connection with your device, or that no damages, loss of data or file corruption may occur. You acknowledge and agree that the Owner and its affiliates, partners, suppliers and licensors shall have no liability to you for any loses suffered resulting from or arising in connection with any such compatibility or interoperability issues.
1.1 The official language of these terms shall be English. 1.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
6. USAGE OF OUR APP:
5. USERS’ REPRESENTAIONS AND WARRANTIES:
8.1 The App is intended for your personal use, to make your mobile interactions smarter. However, there are certain conducts which are strictly prohibited when using the App. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result herein (at our sole discretion) in the termination of this EULA and your right to access and use to the App, and may also expose you to civil and/or criminal liability. 8.2 You may not, whether by yourself or anyone on your behalf: a) copy, modify, publicly display, perform, distribute, make publicly available, sublicense, create derivative works of, adapt, emulate, translate, combine with other software, reverse engineer, compile, decompile or disassemble the App (or any part thereof) and/or any other material that is subject to Owner’s proprietary rights, including Owner’s Intellectual Property, and/or permit others to do so, unless as expressly permitted in the Terms; b) interfere with or violate any other User’s and/or any of your mobile contact’s right to privacy or other rights, or harvest or collect personally identifiable information about other users of the App or any of their mobile contacts without their express and informed consent, including by using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or datamine; c) defame, abuse, harass, stalk, threaten and/or violate in any way the legal rights of others; d) use, refer to and/or display the App or any part thereof on and/or with respect to any good or service, which in itself and/or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behaviour, promoting illegal drugs, the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others, and/or where presence of the App or any reference to Owner and/or the App might be perceived as damaging to Owner’s reputation and goodwill or actually bring Owner into disrepute; e) use the App, whether directly or indirectly, in order to transmit, distribute, display or otherwise make available any content which may infringe third party rights, including Intellectual Property (as such term is defined below in clause 9 of this EULA) rights and privacy rights, or which may contain any unlawful content; f) impersonate any person or entity or provide false information on, through or in connection with the App, whether directly or indirectly, and/or falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Owner or any third party endorses you, your business, or any statement or use you make; g) transmit or otherwise make available in connection with the App, and/or directly or indirectly use the App to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; h) interfere with or disrupt the operation of the App, or the servers or networks that host the App or make the App available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; i) sell, license, or exploit for any commercial purposes any part, feature or use of the App; j) use the App for and/or in connection with any form of spam, unsolicited mail, harassment, wire fraud or similar conduct; k) create a database by systematically downloading, collecting and/or storing all or any of the contents and data generated and/or made available via the App or in connection thereto (collectively, “Data”), or forward any such Data without the prior written consent of the Owner; l) bypass any measures which may be used to prevent or restrict access to the App and/or certain functionalities therein and/or any Data; m) use the App or Data for any illegal, immoral or unauthorized purpose; n) use the App and/or Data for non-personal or commercial purposes without Owner’s prior express written authorization; or o) infringe or violate any of these Terms or any applicable law.
6.1 Since you may download the App from a third party platform, service provider or distributor e.g. itunes or the Google Play store, (hereinafter referred to as the “Platform Provider”) your download and use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (hereinafter referred to as the “Usage Rules”). Please note that in such case, Usage Rules may apply, and it is your responsibility to determine which Usages Rules apply to your use of the App. 6.2 You undertake to comply with all the applicable Platform Provider's Usage Rules. The terms of the Usage Rules may prevail any other Terms. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited. 6.3 You acknowledge and agree that Platform Provider has no responsibility for the App or content thereof, nor does it have any obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of an App downloaded from a Platform Provider to conform to any applicable warranty, you may notify the Platform Provider, and such Platform Provider may refund the purchase price for the App to you; to the maximum extent permitted by applicable law, Platform Provider will have no other warranty obligation whatsoever with respect to the App, 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 us as provider of the App. 6.4 You acknowledge that the Platform Provider is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App 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 us as provider of the App.
4. NO LIABILITY:
8. USER RESTRICTIONS: