Terms of Service

Please read carefully the following provisions of this “terms of service”. This is a legal agreement between you and LIBRECALL regarding the use of the LIBRECALL software programs and related documentation being installed by you and your device.

LIBRECALL offers you contact synching, calling and messaging services through the LIBRECALL licensed software application ("licensed application”) for mobile devices available at www.LIBRECALL.com or other third party websites. The site, the licensed application and the various LIBRECALL services offered to you may be collectively referred to in these terms as the “service”. You understand that, just like a regular mobile phone service, anyone with knowledge of your phone number and/or email address (Contact Details) may call you or send you messages through our licensed application. They can also determine your mobile network. Our license application is licensed, not sold, to you for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to you.

1. Acceptance:

By downloading LIBRECALL and/or using any of the services enabled by the software, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions (including any additional guidelines and future modifications) and by LIBRECALL’s privacy policy, which can be found at www.LIBRECALL.com. If at any time you do not agree to these terms and conditions of use, you may not use the software or services and must immediately terminate your use of the software and services.

2. Scope of License

This license is a limited, non-exclusive, non-transferable, non-sub-licensable license to use the licensed application on any mobile device that you own or control.

You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the software or any of the services and updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the licensed application, if any).

You may not sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the software or service and any attempt by you to take such action shall be void.

You may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the software or any of the services by any means whatsoever.

You may not remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the software or any of the services.

You may not use the software or any of the services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.

You may not to collect or harvest any personally identifiable information, including Contact Details, from the service, nor to use the communication systems provided by the service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the service.

Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement our service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

3. Ownership

All ownership rights in the software and services, including any related documentation, new releases, modifications, enhancements (including any content or information contained therein); and all copies thereof are protected by copyright and other intellectual property laws and treaties. LIBRECALL, or its licensors, own the title, copyright, and other intellectual property rights in the site, licensed application and service and the underlying software (including any user feedback). The software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. LIBRECALL hereby expressly reserves all rights in the software and all services, which are not expressly granted to you hereunder.

4. Consent of data use

In order to access and use the features of the service, you acknowledge and agree that you will have to provide LIBRECALL with your mobile phone number. You expressly acknowledge and agree that in order to provide the service, LIBRECALL may periodically access your contact list(s) and/or address book on your mobile device to find and keep track of mobile Contact Details of other users of the service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to LIBRECALL to access your contact list(s) and/or address book for Contact Details in order to provide and use the service. We do not collect names or addresses, just Contact Details. You must notify LIBRECALL immediately of any breach of security or unauthorized use of your mobile phone. Although LIBRECALL will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LIBRECALL or others due to such unauthorized use. By using the licensed application, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, call, text and data usage, geographic location, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the licensed application. We may use this information to improve our service.

5. Service

In the course of using the service, you may encounter content that may be deemed offensive, indecent, or otherwise objectionable. LIBRECALL does not endorse any content and expressly disclaims any and all liability in connection with any and all content transmitted or displayed using the software and/or services. Nevertheless, you agree to use our service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable you hereby release and discharge LIBRECALL from any and all claims and demands arising out of or relating to any content.

We make no representation that our service is available for use in any particular location. To the extent you choose to access our service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our service at any time without notice. In no event will we be liable for the removal of or disabling of access to our service. We may also impose limits on the use of or access to our service without notice or liability.

LIBRECALL does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("feedback") to be confidential information. If you send any feedback to LIBRECALL through the site, social networks or otherwise, you acknowledge and agree that LIBRECALL shall not be under any obligation of confidentiality with respect to the feedback and nothing in this license limits or restricts LIBRECALL’s right to independently use, develop, evaluate, or market products, whether incorporating the feedback or otherwise.

You may link to the site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by LIBRECALL where none exists. You may not frame the site on any other website. LIBRECALL may revoke the permission to link to the site at any time at its sole discretion.

LIBRECALL may use carrier distributed short message service (sms) to verify ownership of a registered mobile phone number.

You take full responsibility for any charges billed to you as a result of your use of the service. LIBRECALL accepts no liability for any call, text or data charges that may be imposed on you by your mobile network operator when using the service. LIBRECALL aggrees to use its best endeavors to ensure the mobile network operator database is kept current, but accepts no responsibility or liability for its failure to do so. You use the service at your own risk.

You expressly consent for LIBRECALL to disclose your mobile network operator to your contacts and other users of the service.

6. Your Obligation

You are responsible for all activities that occur under your user account. You agree to notify LIBRECALL immediately of any unauthorized use of your user account or any breach of security with respect to your user account. LIBRECALL will not be liable for any loss that you may incur as a result of someone else using your user account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your user account. LIBRECALL takes no responsibility for your failure to comply with the obligations in this paragraph.

You may not:

Intercept or monitor, damage or modify any communication which is not intended for you;

Use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the service;

Send unsolicited communications (also referred to as "spam", "spim" or "spit") or any communication not permitted by applicable law or use the service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;

Use the service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;

Use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;

Collect or harvest any personally identifiable information, including account names, from the service

7. Third-party site, Products and Services, Links

Information provided by LIBRECALL service may contain links to third party websites (“third party sites”) that are not owned or controlled by LIBRECALL. LIBRECALL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, LIBRECALL will not and cannot censor or edit the content of any third-party site. By using the service, you expressly acknowledge and agree that LIBRECALL shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website and services.

Access and use of reference sites, including the information, materials, products, and services on or available through reference sites is solely at your own risk. We encourage you to be aware of when you leave the services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers found on or through the services are solely between you and such advertiser.

8. New Version of the software

LIBRECALL, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the software or services. LIBRECALL has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the software or any of the services. You may have to agree to a renewed version of terms of use in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the software. You acknowledge that LIBRECALL may automatically issue any additional features or functions or modifications, updates or upgraded versions of the software and, accordingly, may modify, update or upgrade the version of the software that you are using or have installed on your device. You hereby agree that your device may automatically request and/or receive such modifications, upgrades or updates.

9. Prevention of unauthorized use

LIBRECALL reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the software or services, including, but not limited to, technological barriers, ip mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.

10. Termination of use

You may terminate your use of the services at any time by uninstalling and deleting the software from all of your devices. If you have subscribed to any premium services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any application store and/or payment processing service in connection with the premium services.

LIBRECALL has the right to limit, suspend, discontinue or terminate this term of use and/or your rights and use under this license without notice if you fail to comply with the use of all or any part of the terms of this license and/or services with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if LIBRECALL believes that you are:

In breach of any of the terms of this terms of use

Creating problems or legal liabilities (actual or potential)

Delinquent with respect to any charges due for a premium service

Infringing a third party’s intellectual property rights

Trying to unfairly exploit or misuse any of our policies

Engaging in fraudulent, immoral or illegal activities.

You agree that LIBRECALL is under no obligation to provide the services, including without limitation any premium services, and that no LIBRECALL party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the software and/or any of the services.

Upon termination of the license, you shall cease all use of the licensed application, and destroy all copies, full or partial, of the licensed application.

11. Payment of services and fees

The services may be offered on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by LIBRECALL or the online application store from which you downloaded the software (the “application store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the services is terminated. You agree that if you purchase services through an application store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will LIBRECALL have any responsibility in connection with any of the foregoing.

From time to time, LIBRECALL may provide additional features and/or services that you pay for (“premium services”). LIBRECALL may also offer from time to time in its sole discretion, certain premium services for free, whether for a trial period or otherwise. However, LIBRECALL reserves the right to charge you for such products (at the normal rate) in the event that LIBRECALL determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.

LIBRECALL may collect vat or other indirect taxes at the appropriate rate for the particular territory (as per applicable tax rules) at the time of purchase.

Using the licensed application on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

When availing yourself of an “Ad Free” promotion, you acknowledge that the promo period is only for a limited duration and is at the complete discretion of LIBRECALL. Any such promo period may be terminated at any time and serving of Mobile Advertising to your version of the licensed application resumed without notice.

12. Discalimer of warranties

The software and services are provided to you “as is” and “as available” with no warranties. The LIBRECALL parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.

You expressly acknowledge and agree that your use of the LIBRECALL service shall be at your sole risk. To the fullest extent permitted by law, LIBRECALL, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. LIBRECALL makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (c) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our service, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (f) any errors or omissionsin any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the LIBRECALL service. You understand and agree that you transmit, display or receive content through the service at your own discretion and risk and that you will be solely responsible for any damage to your property (including your device and computer system) or loss of data that results from such content. LIBRECALL does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the LIBRECALL service or any hyperlinked website or featured in any advertising, and LIBRECALL will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

13. Limitation of liability

In no event shall LIBRECALL, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our servers, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via LIBRECALL, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or (g) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the LIBRECALL parties will be limited to the maximum extent possible under applicable law. These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided by third parties other than LIBRECALL and received through or advertised on any of the services.

14. Indemnification

You agree to defend, indemnify and hold harmless LIBRECALL, its licensors, its partners, and its and their respective affiliates, officers, directors, employees, contractors and suppliers (including LIBRECALL, collectively the “LIBRECALL parties”), from and against any and all claims, actions, liability, damages and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of (a) your violation or breach of any term of this terms of use or any applicable law or regulation, whether or not referenced herein, or (b) your violation of any rights of any third party, or (c) your use or misuse of the software and/or any of the services, or (d) your content or other communication displayed or transmitted by means of the software and/or any of the services, or (e) any taxes related to your purchase and/or use of any of the services (other than taxes based on the income of LIBRECALL). LIBRECALL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LIBRECALL, and you agree to cooperate with LIBRECALL’s defense of these claims. You agree not to settle any matter without the prior written consent of LIBRECALL.

15. Eligibility to accept license

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms of service, and to abide by and comply with these terms of service. In any case, the LIBRECALL service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the LIBRECALL service.

16. Assignment

You are not allowed to assign this terms of use or any rights or obligations hereunder. LIBRECALL is allowed at its sole discretion to assign this terms of use and any rights hereunder to any third party, without giving of notice.

17. Feedback

Any comments, suggestions, or feedback relating to the software or any of the services (“feedback“) submitted to LIBRECALL shall become the property of LIBRECALL. LIBRECALL will have exclusive ownership of all rights to the feedback. LIBRECALL will be entitled to use the feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. LIBRECALL will not be required to treat any feedback as confidential. You agree that you do not acquire any right in or to the software or any of the services (or any changes, modifications or corrections thereto) by virtue of any feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.

18. General

LIBRECALL may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the LIBRECALL website. Notice will be deemed given twenty-four (24) hours after email is sent, unless LIBRECALL is notified that the email address is invalid. LIBRECALL reserves the right to determine the form and means of providing notifications to our users.

This license is the entire agreement between you and LIBRECALL relating to the service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the service or any other subject matter covered by this license. If any provision of this license is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This license may not be modified or amended except as described herein by LIBRECALL or otherwise with the written agreement of LIBRECALL.

19. Amendments

LIBRECALL reserves the right to amend or modify these terms of service at any time by publishing the revised terms of use on the LIBRECALL website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised terms of use shall become effective following the applicable notice period. It is your responsibility to review these terms of service for any changes. If you do not agree to the revised terms, your only recourse is to discontinue the use of the LIBRECALL service. Your continued use of the LIBRECALL service following any amendment of these terms of service will signify your assent to and acceptance of its revised terms. You and LIBRECALL agree that any cause of action arising out of or related to the LIBRECALL service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.