TERMS OF SERVICE

ShowCaller Terms of service

Revised May 22, 2018

If you are resident in the EU, EEA and Switzerland please click here.

PLEASE NOTE, THESE TERMS WILL REPLACE THE CURRENT SHOWCALLER TERMS OF SERVICE, DETAILED FURTHER BELOW, WITH EFFECT FROM May 25, 2018

If you reside outside the European Union (EU), European Economic Area and Switzerland ("Europe"), You are entering into these Terms of Service with Showcaller Software Studio. If you reside in Europe the applicable terms are available here.

Showcaller Software Studio ("Showcaller” or "we”) offers users ("Users” or "You”) global phone community services transacted through various software applications and services, including but not limited to the "Showcaller” application. These Terms of Service and the Showcaller Privacy Policy (the "Terms”) will govern Your use of Showcaller’s software applications, websites, web service API, tools or other services and features provided by Showcaller from time to time (collectively "Services”). By accessing or using any of the Services, You agree to be bound by these Terms. By using the Showcaller application You confirm that You are a resident of the country outside Europe to which the international dialing code of the phone number that you have registered for access to our Services belongs. Where other third party services are made available as part of our Services, then the respective third party terms of service and privacy policy shall apply to any such use by You. If You are registering with Showcaller as a business entity, You represent that You have the authority to legally bind that entity. For Showcaller SDK and Showcaller Priority Users specific terms apply in accordance with the respective agreements for such services. For API Users, additional provisions apply in accordance with the API License Addendum (which is incorporated by reference into these Terms).

Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.

Please read the following Term of Service carefully. The Term of Service grant us certain rights and also describe how you may manage the information you shown to others via the "Website", "Showcaller Contents" and Showcaller Service". Meanwhile, please also view the Privacy Policy at our site to verify the "Company" messages and indications about collection and use of your personal data.

The Term of Service expressly defines how you may log in and access the "Website", "Showcaller Contents" and "Showcaller Service". Showcaller constitute your consent to the Service and Conditions, irrelevant with whether you are a "member" or "non-registered user", or only a "visitor" to the "Website" (hereinafter referred to as the "Showcaller Visitor"). Where Showcaller service infringes upon your right when searching information, please inform the "Company" via [email protected] voluntarily. The "Company" will help you conceal the relevant contents according to the following service Term of Service. Notwithstanding, the "Company" makes no warranty that said contents will not be displayed again via the "Showcaller Service".

Personal Integrity



Being a collaborative community our top-priority will always be the relationship with our community. We are therefore firmly committed to the security and protection of integrity of our Users of the Services and their contacts.

For the purpose of the Showcaller Services, any data shared with Showcaller will only be used to link a name to a telephone number already available to the User, unless Showcaller Name Search has been activated, in which case Showcaller may forward the User's contact request to a named person, and that person may then choose to share his or her number or not, entirely at his or her option. See further details in the Showcaller Privacy Policy.

Other name searches will only produce a number linked to the name if the number is available for search in a public database or relates to a User who has made his or her name available for search.

The Showcaller Privacy Policy further describes what information You may share with Showcaller and other Users and how Showcaller may use and share such information.

Data Collected and Usage



You agree that Showcaller, in accordance with the Showcaller Privacy Policy, may collect and use technical data such as Your IP address, device ID, usage data and related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You related to the Showcaller Apps.

You further agree and guarantee that, if You have opted in to participate in the Enhanced Search functionality, we may collect, use and share certain information regarding the contacts contained in Your device's phone book ("Contact Information") with other Users in accordance with the Showcaller Privacy Policy in order to provide the Services. By allowing Contact Information to be collected, You give Showcaller a right to use that Contact Information as a part of the Service and you guarantee that you have any and all permissions required to share such Contact Information with us. You may opt-out to prevent the sharing of Contact Information at any time.

Obligations and Restrictions to Use of Services



You guarantee that any Contact Information and other data, such as Your profile information, You may transfer to Showcaller as a User of the Services (together "Content"), to the best of Your knowledge, is not false or otherwise may corrupt or disrupt the Services and that you have the right to share it with Showcaller and other Users.

Except as set forth in the API License Addendum, You shall not by any commercial means use the Services or otherwise transfer for value the Services or the Content. You agree not to challenge Showcaller's rights in or otherwise attempt to assert any rights in the Services, except those explicitly granted under these Terms. You agree not to use the Services except as expressly permitted under these Terms.

Scraping of any information contained in the Services, including any third party information accessible via the Services, is strictly prohibited.

The Services or the Content may not be used in any way, which is illegal, harmful or may be considered offensive by Showcaller, other Users or third parties. You therefore agree not to exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity. You further agree not to use our Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that Showcaller is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services. Notwithstanding any other remedies available to Showcaller, You agree that Showcaller may suspend or terminate Your use of the Services without notice if You use the Services or the Content in any prohibited manner, and that such use will be deemed a breach of these Terms.

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

Unmoderated Content



Any Content that is not published by Showcaller, i.e. that You or other Users post or communicate directly in or on the Services, including User information, User profile information, status updates and messages sent via the Services may not be previewed by Showcaller. Showcaller will not be liable for the publication of such Content. We will indicate any unmoderated or moderated Content published in or on the Services, for example by using different badges in connection with the publication of such Content.

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:

a. is true and not false or misleading;
b. is not likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;
c. belongs to You, or which You have a right to distribute;
d. does not constitute an infringement of the intellectual property or privacy rights of any third party;
e. does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information);
f. does not contain any unsolicited or unauthorised advertising, promotional material, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
g. does not contain software virus or any other technology that may harm the Services, or the interests or property of our Services or the other Users of the Services.
h. is accurate, fair, and is not disparaging of us, the Services or other Users. Further, You agree to be fair, accurate and non-disparaging while reporting numbers, leaving comments, suggestions, feedback, testimonials and reviews on or about the Services.

Showcaller appreciates the opportunity to be notified of any objectionable user generated content posted or communicated by a User directly in or on the Services. Please contact us at [email protected] to report any objectionable user generated content. Showcaller hereby reserves the right in its absolute discretion to remove any user generated content from the Services.

Proprietary Rights



The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Showcaller and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms.

Scope of License



Except as set forth in the API License Addendum and subject to your compliance with these Terms at all times, Showcaller grants You a personal, limited and non-exclusive right to use the Services for Your own personal, non-commercial use. This license does not allow You to use the Showcaller Apps on any mobile device that You do not own or control. You may only redistribute the Showcaller Apps unmodified for non-commercial purposes to a party that has agreed to these Terms. You may not copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Showcaller Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included in the Showcaller Apps). The license does not allow You to use Showcaller's name, trademarks or other commercial symbols. All rights and licenses not expressly granted to You under these Terms shall be retained by Showcaller. In case You wish to use the Showcaller Apps as a part of Your own application or modify the Showcaller Apps, a separate agreement with Showcaller is required. Any API, commercial or enterprise use of the Services shall be governed by the API License Addendum.

Support



Showcaller strives to provide adequate and efficient technical support, upgrades and updates for the Services. Showcaller shall not, however, be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit the support, upgrades and updates provided from time to time.

Termination



Your right to use the Services continues until these Terms are terminated. Showcaller may terminate them and Your use of the Services at any time with thirty (30) days' advance notice. You may terminate them at any time by uninstalling the Showcaller Apps and ceasing the use of the Services. These Terms will automatically terminate if You fail substantially to comply with them. Upon any termination, You agree to stop using the Services. Upon termination by You, or by Showcaller due to Your breach of these Terms, You will not be refunded any part of the Services, license fees or other prepaid fees, if any. Upon termination by Showcaller without cause, You will be refunded such prepaid fees following a written request by Yourself, provided a receipt for such fees and a clear payment instruction are included.

Any prepaid fees for the Services are connected to the User device as well as its phone number. Therefore, if You change device or its SIM-card, You cannot transfer the balance to a new device or SIM-card and no refund will be available in such cases. Showcaller reserves the right, at its own discretion, to remove any remaining balance resulting from prepaid fees without any right of refund twelve (12) months from the purchase.

Provisions of sections No Warranty, Limitation of Liability, and Termination shall survive any termination of these Terms.

Assignability



Showcaller reserves the right, at its own discretion, to freely assign and transfer the rights and duties under these Terms to any third party.

Additional and Changed Terms



As Showcaller provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices hereto. For API Users, the API License Addendum applies.

Showcaller reserves the right to modify the Services and these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof via publication on the Showcaller website and provided the option to immediately terminate the Services. If You choose to terminate the Services, You will be refunded any prepaid credits or other prepaid fees, following a written request by Yourself, containing a receipt for any such fees and a clear payment instruction. The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at our website.

Governing Law



Your use of the Services and their various functionalities and the ensuing relationship between you and Showcaller are governed by these Terms, which shall be construed in accordance with, and governed by, the laws of Sweden, excluding its choice of law rules. All disputes relating to these Terms shall exclusively be adjudicated in Sweden, with the District Court of Stockholm as the court of first instance.



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