These Terms of Service (“Terms“) govern your use of CallApp’s software (“Software“) and services (both shall be regarded as the “Service“) available on the Internet and in the cellular media. These Terms constitute a legal agreement between you, either an individual or a single entity (“you” or “User“) and CallApp Software Ltd. (“CallApp“, “we” or “us“), the owner of all rights and title in and to the Service.
1) The Service
CallApp’s Service is a social phonebook network, enhancing your ability to identify mobile telephone callers and providing related web-based services and tools to act upon that information (like writing a note). The Service also provides you with complementary information pertaining to the contacts stored on your mobile device (“Contacts“),such as photo, job title and company, email address, website, IM addresses, (“Contact Complementary Information“) if such Information is available on CallApp’s Database or over publically available online databases and other public resources (“Public Databases“) By downloading and using the Service you hereby acknowledge and agree to the collection and storage of your information and information regarding your device, as required under the Service, including, but not limited to your full name, telephone number.
The information provided by the service may be incomplete, inaccurate or outdated. CallApp does not endorse any responsibility with respect to such information’s credibility or reliability.
To transmit and receive updates on real-time to and from the service, the service requires an online connection of your mobile device to the internet (namely, Wi-Fi or 3G). All costs of such connection are at your expense, as dictated by your communication service provider (cellular company) and in accordance with its applicable payment terms.
2) Grant of License
Subject to the limitations and restrictions provided in these Terms, CallApp hereby grants you a free of charge, non-exclusive, non-sub-licensable, non-transferable, revocable license, to use the Service (including the Software) for non-commercial purposes in accordance with the terms and conditions hereunder. For the avoidance of doubt, it is hereby made clear that this Agreement does not convey to you any interest in or title to the Software, but only limited rights to use the Software solely in accordance with the terms and conditions hereunder.
3) Use Restrictions
There are certain conducts which are strictly prohibited with respect to the Software and the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your Software license and/or your access and use of the Service and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
Use the Service for any illegal, unlawful or unauthorized purposes;
Use the Service and/or the Software for non-personal or commercial purposes without CallApp’s express prior written consent;
Distribute, resell or offer the Service for rent or lease or offer it to the public in any manner or integrate the Service within a service of your own, without the prior written consent of CallApp;
Use the Service in any form of spam, unsolicited mail or similar conduct;
Copy, reproduce, print, save, adapt or otherwise use CallApp Database except as expressly authorized under the Terms; this clause does not limit the use of the Database as intended by the Software and for the purposes of private and personal use of the Service;
Interfere with or violate other Users’ or third parties’ (including your Contacts’) rights to privacy and other rights, or harvest, scrap, data mine, screen scrap, data aggregate, index or collect data and information about other Users or third parties without their consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access the Service and retrieve, index and/or data-mine any information, without the express written permission of CallApp;
Infringe any proprietary rights or Intellectual Property rights of CallApp or any third parties, including without limitation copyrights, trademarks, designs, patents and trade secrets, whether such intellectual property is registered or not;
Violate or infringe any other rights of CallApp or any third party;
Interfere with or disrupt the operation of the Service or the servers or networks that host the Service, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
Transmit, distribute, display or otherwise make available through or in connection with the Service any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure;
Bypass any measures we may use to prevent or restrict access to the Service;
Access, or attempt to access, the Software other than through the interface that is provided by CallApp, unless you have been specifically allowed to do so in a separate agreement with CallApp.
4) Registration to the Service
5) License Term
The License is effective upon the installation of the Software and shall remain in full force and effect for so long as you use the Software in accordance with this Agreement. Without prejudice to any other rights, CallApp may terminate this Agreement upon the breach of any term hereof by you or on your behalf. Upon such termination by CallApp, you agree to immediately uninstall or erase the Software from your computer.
6) Termination of Use of the Service
You may terminate your use of the Service at any time and for any reason. You do not need to notify CallApp of such termination. At any time, CallApp may block your access to the Service, for any reason, at its sole discretion. Such action by CallApp may be taken if the CallApp deems that you have breached any of these Terms and/or our in any manner.
Additionally, CallApp may at any times, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that CallApp does not assume any responsibility with respect to, or in connection with the termination of Service’s operation and loss of any data, as a result.
7) Intellectual Property Rights
The Service (including the Software) and the Intellectual Property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service or any of the Software features), specifications, methods, procedures, algorithms, data, technical data, interactive features or activities, source and object code, files, interface, GUI and trade secrets, whether or not registered, and all copies, revisions, modifications, updates and/or upgrades thereto, including all derivative works thereof, whether made by CallApp, or on behalf of CallApp (collectively, “Intellectual Property“), are and shall remain the sole and exclusive property of CallApp and subject to copyright and other applicable intellectual property rights under national laws, foreign laws and international conventions. Unless expressly permitted in these Terms, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to CallApp’s proprietary rights, either by yourself or by anyone on your behalf, in any way or by any means.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of CallApp, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Software or the content included in the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of CallApp’s marks and logos, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks and/or trade names. Third-party trademarks, product names and brands which may appear in the Service are the property of their respective owners, including all goodwill associated with such trademarks and product names.
8) Third Party Software
The term “Software” shall not include any software, files or components which are licensed to CallApp from third parties (“Third Party Software“), such licenses may be supplemented to this Software. CallApp utilizes such Third Party Software according to the applicable licenses governing such Third Party Software. The Third Party Software may include open-source software requiring the disclosure of the source code of such Third Party Software. In such case the source code of such Third Party Software, together with its applicable license, shall be made available to you.
9) Links to Third Party Services
CallApp may integrate commercials, advertisements and/or sponsored links, whether within or beside the Service. By clicking the advertisements you may be transferred to a service of an advertiser or receive any other content, messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and CallApp makes no warranties or representations as to such advertisements and their content, whether or not CallApp has control over such advertisements. You acknowledge that your use of the Service, in this respect as well in others, is at your own risk. CallApp reserves the right at any time to remove such advertisements and accompanying content. CallApp, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
11) Updates to the Software
Updates to the Software may be automatically downloaded from CallApp’s Service and installed on your mobile device from time to time. These updates are designed to improve, enhance and further develop the Service and the Software features and may take the form of bug fixes, enhanced functions, new actions and completely new versions of the Software. You acknowledge and agree to receive such updates from CallApp and hereby permit CallApp to deliver these updates to you and install them automatically on your mobile device, as part of your use of the Service.
CallApp has the right, but not the obligation, to monitor any activity and content associated with the Service. CallApp may investigate any reported violation of these Terms and take any action it deems fit, including terminating your access and use of the Service without any prior notice. If CallApp suspects that any User’s activity violates any law or regulation, CallApp may report to the appropriate law enforcement authorities or other third parties of such activities.
13) Amendments to Terms
You hereby agree and acknowledge to accept any and to be bound by any of the changes made in the Terms and the accompanying policies. Should you continue to use Service after the changes were made, it will indicate your acceptance to the new Terms. You are recommended to review the Terms from time to time, as they may change every once in a while.
14) Changes to the Service or Software
CallApp may change the Service’s layout and design and the availability of the content and functions included therein or may change the Software form, features or nature, from time to time, without giving you any prior notice on the Service. CallApp may also cease or discontinue providing the Software or support and/or upgrades for the Software at any time. You hereby agree and acknowledge that CallApp is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
15) DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SERVICE AND SOFTWARE LICENSED UNDER THESE TERMS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES CONCERNING THE INSTALLATION, USE OR PERFORMANCE OF THE SOFTWARE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. CALLAPP EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES CONCERNING THE INSTALLATION, USE OR PERFORMANCE OF THE SERVICE OR WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, NON-INTERFERENCE, ACCURACY, RELIABILITY AND QUALITY OF THE SOFTWARE AND SERVICE, INCLUDING AND WITHOUT DEROGATING FROM THE ABOVE, ANY WARRANTIES AND RIGHTS IMPLIED UNDER THE US UNIFORM COMMERCIAL CODE, UCITA (UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT) AND COMMON LAW. CALLAPP DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
16) LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THE SERVICE. CALLAPP ASSUMES NO LIABILITY FOR YOUR USE OF THE SERVICE, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. CALLAPP WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES TO ANY PERSONS OR RESULTING FROM ANY CAUSE WHATSOEVER.
YOU FURTHER ACKNOWLEDGE THAT IN NO EVENT WILL CALLAPP BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF USE OR LOSS OF REVENUE OR PROFIT AND CALLAPP FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES), OR OTHER SIMILAR DAMAGES REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF CALLAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
NOTWITHSTANDING THE ABOVE, IF CALLAPP IS FOUND TO BE LIABLE BY A FINAL JUDICAL RULING, CALLAPP’S LIABILITY TO YOU OR TO ANY THIRD PARTY SHALL BE LIMITED TO THE SUMS ACTUALY PAID BY YOU TO CALLAPP IN CONNECTION WITH THE SERVICE.
You agree to defend, indemnify and hold harmless CallApp, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any Intellectual Property right, property right and/or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service. This indemnification obligation will survive the termination of this Agreement.
18) Governing Law and Jurisdiction
The Terms shall be construed and governed in accordance with the laws of the State of Israel, regardless of its conflict of laws rules. The competent courts of Tel-Aviv-Jaffa, Israel, shall have sole and exclusive jurisdiction over any dispute under the Terms or otherwise related to the Service.
The Terms represent the complete agreement concerning the license granted herein and the subject matter. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of either party to enforce at any time any of the provisions of the Terms will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each such provision thereafter. The express waiver by either party of any provision of the Terms will not constitute a waiver of any future obligation to comply with such provision. You may not transfer or assign your rights and obligations under the Terms without the prior written consent of CallApp.
20) Contact Information
All requests for further information should be directed to: firstname.lastname@example.org, or by mail to: CallApp Software Ltd., 161 Ibn Gavirol St., Tel-Aviv, Israel.