TERMS OF SERVICE

Last Updated: October 16, 2020

This End User License Agreement (“EULA”) explains how you (the “User(s)” or “you”) can use the Caller ID application (the “App”), provided to you by Caller ID App. (the “Company”, “we”, “our” or “us”) – so please read this EULA carefully before you get started, as you may use the App solely in accordance with the terms and conditions hereunder.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY DOWNLOADING, CONNECTING TO, ACCESSING, ACTIVATING OR USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PROVISIONS OF CALLER ID APP’S PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE TO THESE TERMS, AND YOU AGREE TO BE BOUND BY THEM AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH THE SERVICE. IF YOU DO NOT AGREE TO ANY OF THE TERMS, YOU ARE NOT ALLOWED TO DOWNLOAD, CONNECT TO, ACCESS, ACTIVATE OR USE THE SERVICE AND ARE OBLIGED TO UNINSTALL OR ERASE THE SOFTWARE FROM ALL YOUR DEVICES.

1. The Service

The Service is a global phone community and social phonebook network, enhancing your ability to identify callers and providing related web-based services and tools to act upon that information (like writing a note). The Service may also provide you with complementary information pertaining to the contacts stored on your device (“Contacts“), such as photo, job title and company, email address, website, IM addresses, if such information is available through Caller ID App’s data resources. In addition, you are able to send SMS and MMS messages, record your calls and upload and share certain Content (as defined below) to the Service, including contact information such as your name, email address, or social network identifier.

We are firmly committed to the security and protection of personal information of our Users and the Services. The Privacy Policy describes how we collect, use, share and process personal information and You acknowledge and agree that Caller ID App may collect, use, share and process personal information as described therein.

2. GRANT OF RIGHTS

Caller ID App grants You a personal, non-exclusive, non-transferable and limited right to use the Services for Your own personal, non-commercial use. You are not allowed to use the Caller ID App Services on any device that You do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Caller ID App software applications, any updates, or any part thereof.

This License does not allow you to use Caller ID App’s name, trademarks or other commercial symbols. All rights and licenses not expressly granted to you under these Terms shall be retained by Caller ID App. In the event that you wish to use the Service as part of your own application, a separate agreement with Caller ID App is required.

3. Restrictions

The following restrictions are strictly prohibited with respect to the Service including the Software. Your failure to comply with any of these restrictions may result in the immediate termination of your License and your right to access and use the Service, and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf:

You may contact Caller ID App at [email protected] to report any violation or infringement of Your rights by Users of the Services.

4. PROPRIETARY RIGHTS

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Caller ID App and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed to You except as contemplated herein.

5. CONTENT and other Information

You may submit and upload information, including Collected Information, into the Service as content (“Content”). Content may take the form of your profile information, contact information, or other types of data, that you upload or otherwise share.

You are solely liable for any content that You post or communicate directly in or on the Services and You agree to only post or communicate content that:

6. Third-Party Services

The App may enable access and/or include links to certain Third-Party Services, including various mobile applications installed on the User’s device. Such Third-Party Services are not provided, endorsed, controlled or monitored by the Company, and the inclusion of any links or access to Third-Party Services does not imply any endorsement by the Company of any such Third-Party Services.

The Company shall not be responsible for the availability, usability or operability of any such Third-Party Services, nor is responsible for the content, privacy maintenance, or any action taken by any third party or by any User through or in connection with any such Third-Party Services.

When you choose to initiate and/or use Third-Party Services through or in connection with the App, you do so at your own risk and under your own discretion. We shall not be responsible for any loss or damages of any sort relating to your use of any Third-Party Services, and you hereby expressly waive any and all claims against the Company from any and all liabilities relating to any Third-Party Services. We shall not be responsible for and make no representations and/or warranties, expressed or implied, as to Third-Party Services, including but not limited to, any privacy practices thereof. These Terms do not grant you with any right with respect to Third-Party Services. Most Third-Party Services provide legal documents, including terms of use and privacy policy, governing the use of each such Third-Party Services, their contents and services. We encourage you to read these legal documents carefully before using any such Third-Party Services.

7. Service Termination

The Company may at any time block your access to the App, temporarily or permanently limit, suspend or terminate your access privileges and License to use the App, or to require you to abstain from using the App, for any reason, at its sole discretion, in addition to any other remedies that may be available to Company under any applicable law. Such actions by Company may be taken, inter alia, if Company deems that you have breached any of these Terms in any manner.

Additionally, the Company may at any time, at its sole discretion, cease the operation of the App or any part thereof, temporarily or permanently, or delete any information from the App or any Data without giving any prior notice or assuming any responsibility or liability to you or any third party.

Upon the termination of the License, for any reason, you shall cease using the App and promptly remove any copies of the App and Data from your device, and destroy any such copies in your possession and/or control.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT CALLER ID APP SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, CALLER ID APP shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the CALLER ID APP applications and cease to use the Services.

CALLER ID APP SHALL NOT BE LIABLE FOR THE VALIDITY, RELIABILITY OR CORRECTNESS OF THE CONTENT AND INFORMATION PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE CONTENT AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK.

Nothing in these Terms shall limit or exclude our liability for any liability that mandatorily cannot be limited or excluded by law, including any rights You may have as a consumer under mandatory consumer law.

9. DISCLAIMER OF WARRANTIES

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE APP (OR ANY PART OR FUNCTIONALITY THEREOF).

THE APP (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA, FEATURE, FUNCTIONALITY AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

THE COMPANY AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “COMPANY AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, FEATURE, FUNCTIONALITY, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE APP.

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES LINKED TO, LAUNCHED AND/OR OTHERWISE REFERENCED OR MADE AVIALABLE THROUGH THE APP, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICES.

THE COMPANY DOES NOT AND CANNOT WARRANT THAT THE OPERATION OF THE APP IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. THE COMPANY MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE APP AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT, FUNCTIONALITIES OR FEATURES WITHOUT ANY NOTICE TO YOU.

10. ASSIGNMENT

Caller ID App reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

11. Updates to these Terms

Updates to these Terms are effective as of the “Last Updated” date, and your continued use of the Service on or after the Last Update date will constitute acceptance of, and agreement to be bound by those changes.

12. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of India. You agree that any legal action or proceedings may may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi, India and both CALLER ID APP and You irrevocably submit to the jurisdiction of such courts/tribunals.

13. Inquiries or Complaints

If you have an inquiry or complaint about these Terms or our information collection practices, please contact us at: [email protected]