BlockCall: Caller ID & Block
TERM OF USE
This End User License Agreement (“EULA”) explains how you (the “User(s)” or “you”) can use the BlockCall application (the “App”), provided to you by The Appstation. (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.
Acceptance of the Terms: By downloading, installing, accessing or using the App, you represent that you have read and understood the terms of this EULA and the terms of our Privacy Policy available at ”https://sites.google.com/view/blockcall-privacy-policy/home” (the “Privacy Policy”) (collectively, the “Terms”), and that you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the App.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT DOWNLOAD AND/OR INSTALL THE APP NOR ACCESS OR USE THE APP IN ANY MANNER, PROMPTLY AND PERMANENTLY REMOVE THE APP AND ANY PART THEREOF FROM YOUR SYSTEMS AND DEVICES, AND DO NOT USE IT IN ANY MANNER WHATSOEVER.
Introduction: BlockCall, operated by The Appstation. (hereinafter referred to as 'the Company,' 'BlockCall,' 'our,' 'us,' or 'we'), functions as a multifaceted social application and a global phonebook network. This service empowers users ('you,' 'user,' or 'users') to seamlessly integrate their contact details with their social network profiles, enabling the identification of incoming callers through the 'BlockCall' feature. Additionally, it allows users to conduct manual searches for contact names and participate in an interactive mobile community, facilitating the exchange of personal information and contact details with other members.
The present Terms of Use agreement ('the Agreement') delineates the terms and conditions governing your access to, and use of, our mobile application ('App') and our official website, accessible at “BlockCall" (referred to as 'Website'), collectively termed as 'the Service.' We urge you to meticulously review this Agreement and fully comprehend its stipulations before proceeding to access or utilize any part of the Service. By installing, accessing, or otherwise using the Service, you affirmatively acknowledge, to the maximum extent permitted by law, your consent to be legally bound by the provisions set forth in this Agreement. Should you disagree with any portion of this Agreement, you are hereby advised to refrain from accessing or using the Service or any of its associated features.
Additional terms, conditions, or guidelines specific to certain functionalities of our Service are (or will be) incorporated herein by reference, thereby constituting an integral part of this Agreement. Upon installing, accessing, or using the App, you will be required to grant the App permission to access your contacts, including all associated information, for synchronization purposes with your phonebook directory.
You expressly waive any entitlement to the requirement of an original (non-electronic) signature, or the need for the delivery or retention of paper records, to the extent such waivers are not prohibited by applicable legislation. Notwithstanding any contrary provisions, this Agreement shall not abrogate your mandatory or statutory rights under consumer protection laws or other local regulations, except to the extent allowable under those laws or regulations.
Grant of License: Provided you fully comply with all terms of this Agreement, you are granted permission to access and utilize the App. If you opt to download the App, we grant you a limited, personal, non-commercial, non-exclusive, revocable, non-sub-licensable, non-transferable, non-assignable license to download, access, and use the Service on a device under your ownership or control. This license is solely for your personal use of the Service in accordance with the terms herein and any applicable Usage Rules (defined below). We reserve the right, without incurring any liability, to decline, restrict, limit, suspend, interfere with, or interrupt the Service or any part thereof, without prior notice to you. This action may be taken for purposes of repairing, enhancing, or upgrading the Service, or for any reasons leading to termination as outlined below.
Limitation on Use: Tailored for “BlockCall" requires the use of platforms and profiles on social networks or approved platforms sanctioned by the Company ('Approved Platforms'). By law, you affirm that you possess all necessary rights to share information from your Approved Platform profile and account with the Service and fellow community users. You agree not to, and will not permit any third party to: Assume another person or entity's identity or misrepresent affiliations, connections, or associations, employing fraudulent, misleading, or inaccurate contact details.
Copy, modify, disassemble, decrypt, attempt to derive source code, distribute, or otherwise tamper with our Service, or any part thereof
Attempt to disrupt, damage, disable features, or gain unauthorized access to the Service, including transmitting harmful content or overloading servers.
Bypass security features or interfere with limitations on using or copying Materials (as defined below).
Distribute the App for simultaneous use across multiple devices under different ownership.
Infringe upon users' privacy, or gather data without consent, including using automated means, without the Company's written approval.
Remove or alter any copyright, trademark, or other proprietary notices.
Engage in commercial communications, spam, or any illegal activities.
Promote offensive, fraudulent, obscene, threatening, or illegal content.
Utilize the CallerApp name, logo, or trademarks without prior written consent.
Breach laws, rules, regulations, or this Agreement's terms, using the Service for unlawful, irresponsible, or inappropriate purposes.
If you have any specific preferences or further adjustments needed, feel free to let me know!
Account: In order to use some of the App features you may have to create or use an account ("Account"). If you create an Account, you must provide accurate and complete information in connection with your Account. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and the Company, you are solely responsible and liable for the activity that occurs in connection with your Account.
Special Features: The App may provide additional and special features, including, without limitation the following ones. For avoidance of doubt, the Company is not liable in case of discontinuation of any specific feature.
Caller ID: The "BlockCall" feature allows you to associate a name with a phone number, whether automatically in an incoming call or manually by a numeric search.
Name Tag: You may tag a name to a phone number using our "Name Tag" feature. When a sufficient number of users indicate that the phone number is associated with the same name, the name and phone number will be included in our directory.
Call Block: You may also report a phone number as SPAM in our directory and block future attempts to contact you from that phone number using our "Call Block" feature. If you decide to block a phone number, the caller will be directed to your voicemail when attempting to contact you. You may also report any number to our SPAM public directory. When a sufficient number of users report a phone number as SPAM, it will be listed in our searchable public directory, which will be periodically updated. You may always withdraw your SPAM report or block request.
Eligibility: You are permitted to utilize the Services if you are at least thirteen (13) years old. If you are under the age of eighteen (18) or below the legal age required to enter into a binding contract in your jurisdiction, you may only use the Services under the supervision of a parent or legal guardian. This individual must agree to support any actions you undertake or agreements you enter into while using the Services, including this Agreement. We retain the right to request proof of age at any point. Additionally, if applicable, we may require approval from your parent or legal guardian to confirm that only eligible users access the Services. If it comes to our attention that a person under the age of sixteen (16) is using the Services, we reserve the right to prohibit and block such a user from accessing the Services.
User Submissions:
The company enables you to input and upload information directly into the Service. This information can include your profile details like full name, phone number, email address, age, among others, or as notes termed as "User Submissions." You are entirely accountable for your User Submissions and the outcomes of submitting or uploading them.
Your User Submissions will be transmitted and shared with individuals who have both your phone number and your name saved in their mobile device's contact list. By submitting User Submissions, you confirm that you possess all necessary rights, titles, and permissions required for their use. This includes acquiring essential consents, permissions, and displaying all necessary notices according to this context. Additionally, you grant us authorization to utilize all Intellectual Property Rights associated with your User Submissions. In this Agreement, "Intellectual Property Rights" encompass various rights, including trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights. These rights also encompass moral rights, rights of privacy, publicity, and similar rights under the laws or regulations of any governmental or judicial authority, whether domestic or foreign
You maintain complete ownership rights over your User Submissions. By agreeing, you provide the Company with a global, non-revocable, royalty-free, perpetual, transferable, and sublicensable license to utilize, reproduce, distribute, create derivative works from, and showcase your User Submissions concerning the Service. This includes but is not limited to activities such as providing, managing, and enhancing the Service, as well as supporting the Company's business operations, all within the limits allowed by law. This authorization is granted without the necessity of additional compensation, approval, or consent.
You are in agreement not to transmit or submit a User Submission that:
Puts someone's safety or health at risk, compromises public safety or health, jeopardizes national security, or obstructs a law enforcement inquiry;
violates the law, is harassing, hateful, offensive, or encourages behavior that could be deemed criminal, resulting in civil liability, contravenes any law, or is otherwise misleading, inaccurate, inappropriate, malicious, or fraudulent;
Includes the contact details or any personally identifiable information of a third party unless explicit consent from said third party has been obtained; and/or (x) Violates the terms outlined in this Agreement.
You recognize and accept that while utilizing the Service:
You will encounter User Submissions from diverse sources. We are not liable for the accuracy, usefulness, safety, or Intellectual Property Rights associated with these User Submissions.
There is a possibility of encountering User Submissions that may be inaccurate, offensive, indecent, or objectionable.
You consent to waive any legal or equitable rights or remedies against us concerning the points outlined in (i) and (ii) in this paragraph.
Proprietary Rights: The Company retains all rights, titles, and ownership in and of the Service or any part thereof, including, without limitation, the design and layout of the Service, all contents, text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, copyrights, patents, trademarks, service marks, and logos, database, registered or not contained in the Service, excluding User Submissions (the “Materials”). You may not use, sell, copy, modify, transfer (by sale, resale, license, sublicense, download, or otherwise), reproduce, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, the Materials, except as expressly authorized herein, without the Company's prior explicit written consent. You are granted only a limited and revocable right to use the Service, subject to the terms of this Agreement, and for personal use only, and under no circumstances are you acquired any right, interest, or title to any part of the Materials. “callerapp.net” and the callerapp.net logo, and other marks are marks of the Company or its affiliates. All other trademarks, service marks, and logos used in the Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Service and Materials. Materials are provided to you for your information and personal use only. If you download or print a copy of the Materials, you must retain all copyright and other proprietary notices contained therein.
Third Party Services: This Agreement applies only to your use of the Service. The Company has not reviewed, has no control over, nor does it endorse, screen, promote or otherwise assume any responsibility for the content of third party websites or applications ("Third Party Services"), or to the information, advertisements, services, practices or other material contained on, or accessible through Third Party Services, including without limitation third party websites to which hyperlinks are contained in the Service.By using the Service you hereby agree that the Company shall not be responsible for any damage, claim or liability in connection with your use of any third party sites, including without limitation third party sites to which you have arrived via the Service. Accordingly, we strongly encourage you to become familiar with the terms of use, privacy policies and practices of any such Third Party Services. The use of Third Party Services is at your sole risk.
Privacy Policy: To demonstrate our commitment to your privacy, we designed our Privacy Policy, ("Privacy Policy"). We encourage you to read the Privacy Policy before accessing or using our Service.
Confidentiality: You might have access to specific non-public or proprietary information and materials of the Company, whether tangible or intangible, referred to as "Confidential Information." It is your responsibility to take reasonable measures to safeguard the Company's Confidential Information under your possession or control, preventing its misuse or disclosure to any third party. You are permitted to use the Company's Confidential Information solely for fulfilling obligations under this Agreement.
Promptly notify the Company in writing about the relevant Law, regulation, or order.
Reasonably collaborate with the Company in opposing such disclosure.
Only disclose information to the extent required by the Law, regulation, or order.
Export laws: You acknowledge and agree to abide by all relevant export laws and regulations. This commitment ensures that neither the Services nor any associated technical data are exported or re-exported, directly or indirectly, in violation of these laws and regulations, or used for any purposes prohibited by them.
Changes to the Materials: To the fullest extent permissible by law, the Company retains the right to, without prior notice, modify, correct, amend, enhance, improve, offer for free or for a fee, make other alterations to, impose limitations on specific features, or cease, either temporarily or permanently, the Materials (or any part or functionality thereof). This may occur at any time and may be influenced by factors such as your location, operating system, or any other operational, technical, or discretionary reasons. Furthermore, you acknowledge that the functionalities within the App may be subject to change, extension, reduction in content or form, or removal at any time without prior notice. By agreeing to these terms, you understand that the Company shall not be held liable to you or any third party for any modifications, suspensions, or discontinuations of the Service (or any part or functionality thereof).
Limited Warranties: YOU HEREBY EXPRESSLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
The Service is Provided "As Is" The Service is furnished to you on an "as is" and "as available" basis, and your use of the Service, or any information provided or disseminated in connection with the Service, is undertaken entirely at your own risk.
Disclaimer of Warranties: The Company makes no warranties or representations, whether express or implied, regarding the Service and your use thereof, or any information provided or disseminated in connection with the Service, including user-generated content ("User Submissions"). All warranties, express or implied, are hereby disclaimed, including, but not limited to, implied warranties of quality, fitness for a particular purpose, merchantability, completeness, title, non-infringement, and those arising by statute or through a course of dealing or usage of trade. You acknowledge that you bear full responsibility for your use of the Service, including any data shared with the Company, as well as any damage that may be incurred by your devices, including, without limitation, data loss or exposure. You are solely accountable for ensuring compliance with all applicable laws and regulations.
No Guarantee of Security or Continuity: The Company does not warrant that the Service will be devoid of bugs, security vulnerabilities, or virus attacks. The Service may periodically be inaccessible due to routine maintenance, upgrades, or other reasons. You agree that the Company shall not be held liable for any consequences, whether to you or any third party, arising from technical issues related to the Internet, slow connections, network congestion, or server overloads.
Accuracy and Reliability of Materials: We do not guarantee that the materials accessible through the Service are accurate, complete, reliable, current, or free of errors. Any use of such materials is undertaken solely at your own risk and discretion.
Third-Party Interactions and User Submissions: The Company does not warrant, endorse, guarantee, or assume any responsibility for any third party, including but not limited to advertisers, other Service users, or any entities offering services via the Service. We disclaim any liability for damages or claims associated with any User Submissions, including their accuracy, participation in commercial activities, or the dissemination of spam. Furthermore, the Company shall not be held accountable for the conduct (whether defamatory, offensive, illegal, or negligent) of any user of the Service, and the risk of harm or damage from such interactions rests entirely with you.
Disputes Among Users: Your reliance on, or engagement with, any User Submission or interaction with any other user of the Service is entirely at your own risk. If you find yourself in a dispute with another user of the Service, you agree that the Company shall not be liable for any claims or damages arising from, or related to, such a dispute. We reserve the right, but do not assume any obligation, to monitor or intervene in any such disputes.
No Other Warranties: Except as expressly stated within this Agreement, the Company makes no other representations or warranties concerning the Service or the materials provided therein.
Indemnification: To the fullest extent permissible by law, you agree to indemnify, defend, and safeguard the Company (including its affiliated companies, contractors, employees, agents, suppliers, and partners) from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and other liabilities. This includes attorneys' fees, arising directly or indirectly from your breach of this Agreement or from your use or misuse of the Service. This encompasses your access to or use of the Service, any violation or alleged infringement of the rights of any other individual or entity by you (including, but not limited to, intellectual property rights, publicity rights, confidentiality, property rights, or privacy rights), and any breach or alleged violation by you of this Agreement. While acknowledging your obligations under this section, we maintain the right (at your own cost) but are not obligated, to assume the exclusive defense and control of any matter that falls under your indemnification responsibilities. This applies if you opt not to defend or settle it yourself. You agree not to settle any matter subject to your indemnification without obtaining our explicit approval beforehand.
LIMITATION ON LIABILITY: YOU EXPRESSLY AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE COMPANY SHALL NOT BE HELD LIABLE FOR:
Limitation on Types of Damages: The Company shall not be responsible for any indirect, special, incidental, consequential, or exemplary damages, regardless of the underlying legal theory (including, but not limited to, contract, tort, or negligence). This limitation extends to any losses relating to data, profits, goodwill, or other intangible losses that may result from your use, misuse, or inability to use the Service, as well as any harm arising from malware or other harmful code. This limitation applies even if the Company was previously aware of, or had been advised about, the possibility of such damages.
Aggregate Liability Cap: In all circumstances, the Company’s total cumulative liability for any and all damages, losses, or causes of action arising under or in connection with this Agreement, or resulting from your use of or inability to use the Service, shall not exceed the total amount (if any) actually paid by you to the Company for the use of the Services during the three (3) months immediately preceding the date upon which a claim was brought.
Exceptions to Liability Limitations: The disclaimers and limitations of liability set forth in this section are not intended to limit any statutory rights that cannot be excluded under applicable law. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, the Company’s liability shall be confined to the fullest extent allowed by the relevant laws. This provision does not alter the governing law clause as outlined below.
Non-Waiver of Right: The failure by the Company to assert any right or demand performance of any provision of this Agreement shall not constitute a waiver, concession, or relinquishment of any such right or provision. Similarly, it shall not preclude or limit the Company’s ability to enforce such provision in the event of any subsequent breach. Any waiver of a breach regarding any provision of this Agreement shall not be deemed a waiver of any subsequent breach or of the same provision, nor shall it be construed as a waiver of any other provision in this Agreement.
Termination: The Company reserves the right, at its sole discretion and without prior notice, to
Terminate your account or access to the Service if it determines you've breached any terms of this Agreement
Monitor or review any content you submit, reject or remove any submitted content, or refuse your service-related requests
You have the option to rectify or remove your personal information from the Service at any time by contacting us at: “ appstation462@gmail.com.”. or through this link: Don’t want to share your number on “BlockCall". Additionally, you may terminate your account on our Service by uninstalling it and discontinuing its use
Upon termination, specific sections will persist, including
Section 8 (User Submissions),
Section 9 (Proprietary Rights),
Section 11 (Privacy Policy),
Section 12 (Confidentiality),
Section 16 (Indemnification),
Section 17 (Limitation on liability),
Section 18 (Termination),
Section 20 (Governing Law and Jurisdiction)
Section 21 (Assignment of Rights, Severability, and Waiver).
Updates and Upgrades: Periodically, we may offer updates or enhancements to the Service, referred to as "Revisions." However, we are not obligated to provide these. These Revisions will be delivered following our prevailing policies, which might involve automatic updates or upgrades without additional notice to you. Your consent to these automatic updates or upgrades of the Service is presumed. Any mentions of the Service in this Agreement encompass these Revisions. This Agreement applies to any Revisions that replace or complement the original Service, unless a separate license agreement accompanies the Revision, in which case that agreement will govern the Revision.
Governing Law and Jurisdiction: This Agreement stands as the comprehensive understanding between you and the Company, supplanting any prior agreements under the same purview. No verbal supplementary agreements exist. Despite any contrary provisions and within the permissible extent of the law, this Agreement shall be governed by the laws of the State of Israel, disregarding conflict of laws regulations. Both you and the Company consent to the exclusive jurisdiction of the courts situated in Tel Aviv, Israel, for resolving any legal matters arising from this Agreement. However, the Company retains the right to seek injunctive relief in any competent court worldwide.
Assignment of Rights, Severability and Waiver
The Company holds the authority to assign its rights under this Agreement to a third party at its discretion. However, you are not permitted to assign or transfer your rights under this Agreement without obtaining prior written consent from the Company.
Should any portion of this Agreement be considered void, unlawful, or deemed unenforceable or invalid for any reason, that specific part will be regarded as separate from the Agreement. The invalidity or unenforceability of any portion shall not impact the validity or enforceability of the remaining provisions within the Agreement.
The Company's failure to assert any right or demand performance concerning this Agreement, at any given time, does not imply a waiver, concession, or limitation of its rights pertaining to such breach or any future breaches. Specifically, waiving any breach of a provision within this Agreement does not establish an ongoing waiver of subsequent breaches, whether related to the same provision or others.
Entire Agreement: The terms outlined in this Agreement, along with any additional incorporated documents or policies, encompass the complete agreement between the involved parties regarding the subject matter, prevailing over any previous or concurrent written or verbal agreements. This Agreement is specifically between you and the Company, exclusive of any other party.
Amendments to the Agreement: The Company has the sole discretion to periodically modify or revise the terms of this Agreement. We will notify you of significant changes, and these changes will become effective seven (7) days after the notification is provided within the Service. Your continued use of the Service after the Agreement has been amended signifies your acknowledgment and consent to these changes. The "Last modified by" heading above will reflect the latest revision. The updated Agreement will be made available on the Website.