These terms include the base terms applicable to your use of all software applications (each an "App") provided by Licensor, and the base terms for your use of the separate services enabled through each App ("Services").
Each App and Service may have App-specific additional terms and conditions ("App-Specific Terms"). Those App-Specific Terms the terms and conditions of the Master Terms of Service apply to your use of that App and related Service. Capitalized terms shall have the meanings ascribed to them herein or in the applicable App-Specific Terms.
If you downloaded the App from a U.S. App Store or, for "iCleaner - Phone Cleaner" Web or for desktop versions of "iCleaner - Phone Cleaner" Enterprise
Some Key Terms: Licensor wants you to be aware of some key terms applicable to your use of Apps and Services. While you are required to agree to all of the terms in this document, you should clearly understand that by accepting this document, you are acknowledging and agreeing that:
You are required to share personal data with Licensor in order to use the App and Service.
It is your sole obligation to comply with all laws, rules, regulations and governmental guidance in your use of the Apps and Services.
You are the maker and initiator of the calls and messages sent by you through the Apps and Services, including but not limited to auto replies that you enable through the Apps, and you are solely responsible for all of those calls and messages.
Licensor, Outbound Provider and Inbound Provider (both defined below) enable only the transmission of calls and messages through Apps and Services.
If you send spam or initiate messages or calls in violation of applicable laws or this document, you could be liable for significant liquidated damages.
If you have a subscription, you have to follow specific procedures to cancel the subscription.
No warranties are provided to you, whether express or implied.
If you provide Licensor with your cell phone number, you are providing your express consent to receive informational messages and to receive marketing messages from Licensor until you elect to opt out of receiving them.
All of the terms summarized above are covered in more detail in this document, so please pay particular attention to them.
Notices
NOTICE REGARDING ARBITRATION
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PINGER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
NOTICE REGARDING NO LICENSE RIGHTS TO RESIDENTS OF THE EUROPEAN UNION ("EU")
APPS ARE ONLY MADE AVAILABLE FOR DOWNLOAD FROM U.S. AND CANADIAN APP STORES BECAUSE THEY ARE INTENDED FOR USE BY UNITED STATES AND CANADIAN RESIDENTS IN THE UNITED STATES AND CANADA. IF YOU ARE A RESIDENT OF THE UNITED KINGDOM OR THE EU, OR IF YOU INTEND TO USE THE APP AND SERVICES IN THE UNITED KINGDOM OR THE EU, THEN NO LICENSE RIGHTS ARE GRANTED FOR YOU TO USE THE APP OR SERVICES, AND YOU MAY NOT USE THE APP OR SERVICES FOR ANY PURPOSE.
NOTICE REGARDING USAGE LIMITATIONS
APPS AND SERVICES ARE FOR USE BY HUMAN OPERATORS FOR NORMAL USER ACTIVITY AND MAY NOT BE USED AS PART OF AUTOMATED OPERATIONS OR SYSTEMS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT, AND WILL NOT ALLOW A THIRD PARTY TO: (I) USE THE APPS OR SERVICES AS PART OF AUTOMATED PROCESSES OR SYSTEMS; OR (II) INITIATE SMS MESSAGES AND PHONE CALLS THAT: (A) COLLECTIVELY (1) EXCEED EITHER SIXTY PER MINUTE OR ONE THOUSAND PER DAY; OR (2) ARE SENT TO MORE THAN 100 DIFFERENT UNIQUE CONTACTS, OR (B) ARE NOT INTENDED OR DESIGNED FOR A CONVERSATION WITH OR REPLY FROM THE RECIPIENT. AS FURTHER PROVIDED IN THESE TERMS, LICENSOR RESERVES THE RIGHT AT ITS OPTION AND WITHOUT NOTICE OR LIABILITY TO YOU, TO USE TECHNOLOGIES AND TAKE ACTIONS THAT MAY BLOCK OR LIMIT YOUR USE OF THE APP AND/OR SERVICE, INCLUDING BUT NOT LIMITED TO LIMITING THE NUMBER OF OUTBOUND SMS MESSAGES AND/OR CALLS YOU MAY INITIATE OR TERMINATING YOUR USE OF APPS AND SERVICES, IF LICENSOR DETERMINES IN ITS SOLE DISCRETION THAT YOUR USE OF THE APP AND/OR SERVICE MAY VIOLATE THESE TERMS, IS INCONSISTENT WITH NORMAL USER ACTIVITY, IMPAIRS THE USE OF APPS AND/OR SERVICES BY OTHERS, OR IS OTHERWISE SUBJECT TO RESTRICTIONS IMPOSED BY GOVERNMENTAL BODIES OR THIRD PARTY SERVICE PROVIDERS.
NOTICE REGARDING TRANSFER OF DATA
USE OF THE APP REQUIRES THAT PERSONAL DATA BE PROCESSED BY PINGER, INC. IN THE UNITED STATES OF AMERICA, WHERE THE COMPUTING SYSTEMS AND INFRASTRUCTURE NECESSARY FOR YOU TO USE THE APP AND SERVICES ARE LOCATED. FEATURES AND CAPABILITIES OF THE APP AND SERVICES WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY, AND TRANSFER OF PERSONAL DATA TO, PINGER, INC. IN THE UNITED STATES OF AMERICA FOR THAT PURPOSE. PINGER, INC. IS AN AFFILIATE OF DINOPILOT, A COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE CAYMAN ISLANDS, AND PROCESSES SUCH PERSONAL INFORMATION IN COMPLIANCE WITH THE CONTRACTUAL REQUIREMENTS ESTABLISHED WITH YOU IN THIS DOCUMENT.
NOTICE REGARDING ADDITIONAL RIGHTS
YOU MAY HAVE THE RIGHT TO EXERCISE ADDITIONAL RIGHTS AVAILABLE TO YOU UNDER APPLICABLE LAWS, INCLUDING: (A) RIGHT TO ERASURE OR CORRECTION OF PERSONAL INFORMATION; (B) A RIGHT TO OBJECT TO, OR TO RESTRICT, PROCESSING OF PERSONAL INFORMATION, OR (C) A RIGHT TO PORT PERSONAL INFORMATION. IF YOU WOULD LIKE TO EXERCISE SUCH RIGHTS, PLEASE CONTACT US AT PRIVACY WITH YOUR SPECIFIC REQUEST. WE WILL CONSIDER YOUR REQUEST IN ACCORDANCE WITH APPLICABLE LAWS AND, WHERE REQUIRED TO ADHERE TO YOUR REQUEST, WE WILL DO SO WITHIN THE TIME PERIODS REQUIRED BY APPLICABLE LAW (GENERALLY 30 DAYS FOLLOWING THE REQUEST). TO PROTECT YOUR PRIVACY AND SECURITY, WE MAY TAKE STEPS TO VERIFY YOUR IDENTITY BEFORE COMPLYING WITH THE REQUEST AND MAY CHARGE A FEE TO PROCESS YOUR REQUEST AS ALLOWED BY APPLICABLE LAW.
YOU ACKNOWLEDGE THAT DUE TO THE NATURE OF THE SERVICES, LICENSOR WILL NOT BE ABLE TO CONTINUE TO PROVIDE ANY SERVICES TO YOU IF YOU ELECT TO HAVE PERSONAL INFORMATION ERASED, AND THAT WITHOUT USE OF PERSONAL INFORMATION, LICENSE CANNOT PROVIDE SERVICES TO YOU. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCOUNT WILL BE AUTOMATICALLY TERMINATED IF YOUR PERSONAL INFORMATION IS ERASED, AND YOU ACKNOWLEDGE AND AGREE – AS AN EXPRESS CONDITION OF YOUR USE OF THE APP AND SERVICES – THAT NEITHER LICENSOR, INBOUND PROVIDER OR OUTBOUND PROVIDER, OR ANY OF THEIR REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR TERMINATING YOUR ACCOUNT AND/OR USE OF THE SERVICES.
NOTICE REGARDING LEGAL COMPLIANCE
YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU WILL NOT USE THE APP OR SERVICES TO CONTACT ANYONE IN VIOLATION OF APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING ACT (CAN-SPAM ACT), THE TELEPHONE CONSUMER PROTECTION ACT (TCPA), AND REGULATIONS, RULES AND ORDERS PROMULGATED THEREUNDER; (II) YOU MUST HAVE, AND WILL HAVE, ALL NECESSARY CONSENTS TO CALL AND/OR SEND MESSAGES TO OTHERS; (III) ANY MESSAGES YOU SEND WILL COMPLY WITH ALL APPLICABLE LAWS AND ALL FEDERAL TRADE COMMISSION GUIDELINES; (IV) YOU WILL HONOR ALL REQUESTS TO STOP SENDING MESSAGES AS REQUIRED BY APPLICABLE LAW; AND (V) BY USING THE APP AND SERVICES, YOU ARE AWARE OF YOUR OBLIGATIONS UNDER THE CAN-SPAM ACT, THE TCPA, AND OTHER APPLICABLE LAWS, AND YOU AGREE TO ABIDE BY THEM IN YOUR USE OF THE APP AND SERVICES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER, AND THEIR RESPECTIVE OFFICES, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL CLAIMS, SUITS, DEMANDS, ALLEGATIONS, LOSSES, LIABILITY, DAMAGES, FINES, PENALTIES, ASSESSMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR VIOLATION OF APPLICABLE LAWS AND/OR YOUR VIOLATION OF ANY OF THE FOREGOING.
Apps are Not for Children under 16. All Apps, Services and Pinger websites are not intended for children under the age of 16, so children under the age of 16 should not use them at any time. If you are under 18, you represent that your legal guardian has reviewed and agreed to these terms. Licensor does not knowingly collect any information from children under the age of 16. In the event that Licensor learns that it has inadvertently gathered personal information from children under the age of 16, Licensor will take reasonable measures to promptly delete such information.
Applicability. These terms incorporate by reference the terms made available by the particular app store from which you downloaded the App ("App Store") applicable to apps downloaded from that App Store, if any ("App Store Terms"). These terms also incorporate by reference the Privacy Policy. These terms control in the event of any conflict with the Privacy Policy or the App Store Terms. Licensor, Inbound Provider and Outbound Provider each, respectively, reserve the right to change, modify or update these terms and the License, the Inbound Terms and the Outbound Terms embodied herein, at any time by posting revised versions and you agree that posting of such updates constitutes sufficient notice to you regarding such updates. Your download of other Apps or your continued use of Apps and Services following posting of updates on the "iCleaner - Phone Cleaner" Site constitutes your acceptance of the same.
Construction. Some Apps and Services have unique features and, as a consequence, these terms create three separate contracts: (i) a license between you and Licensor (the "License") for your use of the Apps and communication features only available between App users ("On-Net Features"), (ii) where the App provides temporary use of a unique phone number, a separate agreement between you and the party identified as the "Inbound Provider" below, for the use of the Inbound Services described below (the "Inbound Terms"), and (iii) where the App allows for outbound SMS and/or calling features, a separate agreement between you and the party identified as the "Outbound Provider" below, for the use of the Outbound Service described below (the "Outbound Terms"). The term "SMS" as used in this document means a message of text only or text and graphics, photos, audio clips, or video clips as enabled by the applicable App. Depending on your App, it may not include functionality for including graphics, photos, audio clips, or video clips as part of messages.
You are the Maker and Initiator of Calls and Messages. Licensor, Outbound Provider and Inbound Provider (both defined below) enable only the transmission of calls and messages through Apps and Services. They do not initiate or make calls or messages, and do not have any authority to do make or initiate calls or messages, whether express or implied, except through any auto reply features that you've enabled through the App. You, as a subscriber, are the maker and initiator of the calls and messages sent by you through the Apps and Services, including auto replies that you enable through the App, and you are solely responsible for all of those calls and messages.
Account Registration. Use of most Apps requires that you create an account (the "Account"). When setting up an Account: (i) you may be prompted to provide a phone number to receive a call or SMS from us so that we may authenticate your Account registration and you acknowledge and agree that we may place, and that your provider may charge you for, that incoming call or SMS; and (ii) you arprompted for registration information, which may include your country of residence, name, age, email address, and account password, and a phone number. You hereby consent and to allow, and represent that you have the right to allow, Licensor to: (i) import and store your device name and contacts from your device, and from third party services through connections enabled by you through the Apps, (ii) identify you by the name and phone number provided during registration to third parties with whom you communicate using the Apps, (iii) identify your association with those contacts to other users of Apps, (iv) identify phone numbers in your contact list to individuals or entities associated with those phone numbers, and (v) to associate contact information on your device with contact information from third party services enabled by you through the Apps.. Accounts are for your personal use and may not be transferred or assigned by you to a third party. YOU ACKNOWLEDGE THAT IF YOU DO NOT CONSENT TO MAKE YOUR CONTACTS AVAILABLE TO THE APP, YOU CANNOT REGISTER AN ACCOUNT AND YOUR USE OF THE APPS WILL BE LIMITED.
Third Party Features; Open Source Software. There may be times when App features are offered by third parties who provide those features under their own terms and conditions not included in these terms. Those separate terms and conditions would govern your use of such features. You acknowledge and agree that: (i) Licensor, Inbound Provider and Outbound Provider shall not have any liability to you for your use of, or your inability to use, those features, regardless of any act or failure to act by any of them; and (ii) as an express condition for making those services available through the App, you shall not to bring any action against Licensor, Inbound Provider and Outbound Provider, or any of their officers, directors, employees, or shareholders arising out of or related to those features. The App is provided with open source software, identified at the end of these terms, which is licensed under terms and conditions of its licensors. The provisions of these terms up to and including this paragraph are referred to as the "Base Terms."
License
This License governs your use of the software elements of the Apps and On-Net Features (described below) and applies to updates of the App made available to you. Your use of the Inbound Service or Outbound Service is governed separately under the Inbound Terms or Outbound Terms, respectively.
License. Subject to the terms of this License, unless you are a resident of the European Union, Licensor grants to you a royalty-free, non-exclusive, non-transferable license to: (i) use the App for your personal use only and only on the device on to which it is downloaded; and (ii) use communications features to communicate with other App users over networks not connected to public telephone services ("On-Net Features"). If you are a resident of the European Union, no rights are granted to you and you may not use the App or the Service. You agree that you shall not make or permit the making of any modifications, additions or enhancements to Apps, or cause or permit the disassembly, decompilation or reverse engineering of any App except and only to the extent allowed by applicable law.
Requirements. For Account creation, only a single number may be used for authentication and you acknowledge that use of the same number for a future authentication may terminate your account and that Licensor, Inbound Provider and Outbound Provider will not have any liability to you in such event. As an express condition to your use of the App, you agree to provide Licensor proper identification and residence information when requested. If your version of App includes voicemail, photo or audio or video recording features, you consent to allow, and represent that you have the right to allow, Licensor to copy, cache, store, distribute and share voicemails, photos and/or audio and video recordings as you designate through the App. For voicemail features, you agree that voicemails may be subject to limitations as to the number and duration of voicemails. You agree and hereby grant Licensor the right to copy, cache and store voicemails and/or message content, with that right to survive expiration or termination of this License. You agree that you will only use the Apps and Services on the devices authorized by you and on which the Apps are designed to operate; that you will not share the App with others using a single App Store account; and that you will not use or allow the use of the Apps and/or Services in conjunction with any other device, system or server to enable multiple users of a single account, including but not limited to any private branch or key system. You agree that you will not use the Apps or Services in violation of applicable law (e.g. no texting while driving) or to: (i) collect information about App users or message or call recipients without their advance and express consent;
Ownership. Licensor and its providers retain all right, title and interest, including all intellectual property rights embodied in the App.
Additional Terms. The Base Terms above and the Additional Terms below are incorporated into this License by reference.