Terms of Services

TelRecorder LLC

MOBILE APPLICATION SOFTWARE END USER LICENSE AGREEMENT

iOS

IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON LOCATED AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE "DECLINE" BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, THE SOFTWARE WILL NOT BE INSTALLED ON YOUR MOBILE DEVICE.

THIS SOFTWARE INCLUDES THE CAPABILITY TO RECORD TELEPHONE CONVERSATIONS, PLEASE ENSURE THAT YOU ABIDE BY THE LAWS IN YOUR JURISDICTION REGARDING THE RECORDING OF CALLS, INCLUDING NOTIFYING THE COUNTERPARTY OF SUCH RECORDING WHERE REQUIRED.

THIS SOFTWARE IS AVAILABLE ONLY FOR INDIVIDUALS AGED THIRTEEN (4) YEARS OR OLDER.

YOU SHOULD PRINT A COPY OF THIS LICENSE FOR FUTURE REFERENCE.

LICENSE

This Mobile Application Software End User License Agreement ("License" or "License Agreement") is entered into between TelRecorder LLC ("Company," "we," "us," and "our") and you and applies to your use of the TelRecorder software application, any of the services accessible through this software application, and all related documentation that accompanies this software application (collectively, the "Software"). The Software is a mobile application software that is downloadable through a third party mobile device platform or service provider ("Distributor") that enables you to record phone calls directly from your iPhone, iPad or other mobile device.

The Software, and your use of the Software, is also subject to the Company's Privacy Policy located at https://sites.google.com/s/1WizVF1Y78hW0EAOwkOJvyE2K8A_hxCKv/p/1jMt-ucyJUBRv8vRZq0dyVvoIKWtseauD/edit which is incorporated into this Agreement by this reference.

This Software is specifically for use in association with the Twilio Voice Application. Your use of the Software is subject to the Twilio Terms of Service and Privacy Twilio located at www.plivo.com, and any applicable acknowledgements, terms and disclaimers contained therein.

Company reserves the right to modify this License at any time by sending you a notification in the Software and/or publishing the revised License on the Software. Such change will be immediately effective and your continued use of the Software thereafter means that you accept those changes.

1. Grant of License.

1.1 So long as you are in compliance with this License, Company grants you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the Software subject to the restrictions set forth below, and solely for your personal use on one (1) mobile device owned or controlled by you. Company reserves all rights in the Software not expressly granted to you in this License.

1.2 No rights to the use of any Company, or its licensors', names, logos or trademarks are conveyed by this License. This License is not for the sale of Software or any other intellectual property. All right, title and interest, and all intellectual property rights in and to the Software, are owned by Company or its licensors. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, trade dress or other intellectual property right.

2. Restrictions on Use.

You may not use the Software in any manner that could damage, disable, overburden, or impair the Software (or any server or networks connected to the Software), or interfere with any third party’s use and/or enjoyment of the Software (or any server or networks connected to the Software). Except as expressly specified in this License or expressly permitted by law, you may not: (a) copy or modify the Software; (b) copy the look-and-feel or functionality of the Software; (c) translate, decompile, bootleg, reverse engineer, disassemble, or extract the inner workings of the Software; (d) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (e) use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this License.

3. Trade Secrets.

You acknowledge and agree that portions of the Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Company and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Software provided in object code or any other Company products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

4. Copyright.

You acknowledge and agree that the Software is owned by Company, its licensors or its suppliers and protected by copyright laws and international treaties. You may not copy the Software other than as expressly provided in this License. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Software, or use any part of the Software for any use other than that for which it was supplied by Company, unless specifically authorized by Company. You may not modify, adapt, alter, translate, or create derivative works from the Software.

5. Term.

This License is effective until terminated. You may terminate this License at any time by deleting or otherwise destroying the Software together with all copies in any form. This License will also automatically terminate if you fail to comply with any term or condition of this License. You agree that Company also may, at its sole discretion, temporarily or permanently terminate the License with prior notice to you. Upon termination, for any reason, you agree to destroy the Software together with all copies in any form. You acknowledge and agree that provisions which, by their nature, should remain in effect beyond termination of this License shall survive.

6. Compliance with Laws and Terms.

You agree to comply with all applicable laws in connection with the use of the Software. The form and content of pictures, text or other material that you transmit or create products from is governed by applicable laws (such as, those prohibiting child abuse, child pornography, copyright infringement, or invasion of privacy). If you use the Software to transmit material to Company, its affiliates, or any third party, you must comply with the relevant terms of service. You may not use the Software to transmit to Company, its affiliates, or any third parties any pictures, text or other material that is unlawful, whether a violation of civil rights (such as libel) or criminal law (such as obscenity), or that fosters hatred of any race, religion, ethnicity, age-group, gender or sexuality.

7. Software Features and Collection of Technical Data.

7.1 The Software contain features that enable Company, via the Internet, to notify you of available software upgrades, promotions, products and services in which you may be interested; to update product data files and instructional and marketing content in the Software; and to collect non-personally identifiable usage data. You agree that Company may utilize these features to provide such notices and updates, permit such downloads and to collect such data, unless you have elected to deactivate the features in the Software.

7.2 By using the Software, you understand and agree that Company may collect and use technical 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 (if any) related to the Software. We may use this information to improve our Software.

8. Set Up and User Account.

In order to use the Software, you must first download the software from a Distributor and then install the Software on your compatible mobile device. The Software incorporates technology which creates and securely stores a unique device identifier on your mobile device. When you first access the Software, an account is automatically created with Company (your "User Account"). This unique device identifier is transmitted to the Company each time the Software is accessed on your mobile device. Any User Account information will be held and used in accordance with Company's Privacy Policy. You are responsible for maintaining the confidentiality of any passwords associated with your User Account, monitoring all activity under the User Account, and you assume full responsibility for all activities that occur under your User Account (except as to security breaches caused by Company). Company reserves the right to suspend or terminate your User Account at any time and shall incur no liability for such suspension or termination.

9. Distributor Usage Rules.

You will be downloading the Software from a third party Distributor, please be aware that the Distributor may have established usage rules which also govern your use of the Software ("Usage Rules"). We specifically refer to the Usage Rules of certain Distributor below in the Section entitled "Notice Regarding Apple", but other Usage Rules may be applicable depending on where the Software has been downloaded from. You acknowledge that, prior to downloading the Software from any Distributor, you have had the opportunity to review and understand, and will comply with, it's Usage Rules. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Software; if you are unable to make such a representation you are prohibited from installing and/or using the Software.

10. In-App Purchases & Virtual Currency.

10.1 The License granted hereunder is currently free of charge, however you have the option to purchase certain Software features or virtual content by using the tools that we make available in the Software (each an "in-App Purchase"). The Software allows you to make an in-App Purchase to purchase a license to use fictional virtual currency solely for use within the Software with "real world" money, and the following additional terms and conditions apply to such in-App Purchases.

10.2 All in-App Purchases shall be processed through the Distributor that you originally downloaded the Software from or through one of our third party payment service providers (each a "Payment Processor"). If you choose to make an in-App Purchase you agree: (a) that the services of Distributors or Payment Processors may be used to process transactions; (b) to review and be bound by the Distributor's or Payment Processor's terms of use and privacy policy; (c) to only provide valid and current information for yourself; and (d) except as expressly set forth herein (or any applicable Usage Rules), that all purchases and subscriptions are final and non-refundable. You acknowledge that you may need to hold, or register, an active account with the Distributor or Payment Processor in order to complete a purchase. You are solely responsible for verifying that the proper amount of Virtual Currency has been added to your User Account during any given transaction with a Distributor or Payment Processor. We are not responsible or liable for any activities or conduct of a Distributor or Payment Processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a Distributor or Payment Processor.

10.3 The Software enables users to use fictional virtual currency as a medium of exchange exclusively for use within the Software ("Virtual Currency"). Virtual Currency represents a limited license right governed by this License Agreement. Subject to the terms of and compliance with this License Agreement, Company hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited exclusively within the Software. Except as otherwise right and license to use Virtual Currency obtained by you for your personal non-commercial use prohibited by applicable law, Virtual Currency obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to Virtual Currency is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in Virtual Currency.

10.4 ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY MADE THROUGH THE SOFTWARE ARE FINAL AND NON-REFUNDABLE UNLESS OTHERWISE REQUIRED BY LAW. All in-App Purchases of Virtual Currency are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Company has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such Virtual Currency as it sees fit in its sole discretion, and Company shall have no liability to you or anyone else for the exercise of such rights.

10.5 Virtual Currency does not have an equivalent value in real currency and does not act as a substitute for real currency. Virtual Currency may only be redeemed for in-Software goods or services and are not redeemable for any sum of money or monetary value or other goods from Company or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. You acknowledge and agree that Company may revise or take action that impacts the perceived value of or purchase price for any Virtual Currency at any time except as prohibited by applicable law. Virtual Currency does not incur fees for non-use; provided, however, that the license granted hereunder to Virtual Currency will terminate in accordance with the terms and conditions of this License Agreement and the Software documentation, when Company ceases providing or maintaining the Software, or this License Agreement is otherwise terminated. Company, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Currency and may distribute Virtual Currency with or without charge. YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL CURRENCY FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY, WHETHER YOUR LOSS OF LICENSE UNDER THIS LICENSE AGREEMENT WAS VOLUNTARY OR INVOLUNTARY.

10.6 Virtual Currency is used as a medium of exchange exclusively for use within the Software and is referred to therein as "Coins". The amount of Coins payable for recording a phone call consist of a per-minute rate that is displayed in the Software when you enter the specific phone number. During the call, charges incurred will be deducted automatically from the Coins balance in your User Account. Fractions of minutes will be rounded up to the next minute. Company may change the rates for recording phone calls at any time without notice to you by including the new rates in a Software update. The new rates will apply to your next phone call after the Software has been updated. Please check the latest rates before you make your call. If you do not accept the new rates, do not record your call.

10.7 You acknowledge that your use of the Software may require and utilize internet connections or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.

11. Privacy.

Protecting your privacy is very important to us. Please review our Privacy Policy located at http://www.callrecorder.co/privacy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information. Please also be aware that certain personal information and other information provided by you in connection with your use of the Software may be stored on your mobile device (even if we do not collect that information). You are solely responsible for maintaining the security of your mobile device from unauthorized access.

12. Third Party Services and Websites.

12.1 As part of your use of the Software, you may be provided with the opportunity to access Company's and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of use and privacy policies. You agree to use the Services at your sole risk and that Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

12.2 Certain Services may display, include, or make available content, data, information, applications, or materials from third parties ("Third Party Materials") or provide links to certain third party websites. By using the Services, you acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Company does not warrant or endorse such Third Party Materials or websites, and does not assume any liability or responsibility to you or any other person for any Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

12.3 The Services may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to patent, copyright, trade secret, trademark, trade dress or other intellectual property rights; you will not use such proprietary content, information, or materials except for permitted use of the Services.

13. Advertising.

The Software may incorporate technology (which may be provided by Company or third party service providers engaged by Company (each a "Dynamic Advertising Provider") which enables advertising to be uploaded into the Software on your mobile device, and changed while the Software is being used. In order that the Dynamic Advertising Provider is able to direct advertising appropriate to you, certain non-personally identifiable data and information may be retrieved and retained by the Dynamic Advertising Provider including your IP address, geographic location, and in-Software information concerning the appearance of advertising visible during your use (for example, the length of time an item of advertising was visible, the dimensions of the advertisements). In addition, the Dynamic Advertising Provider may assign a unique identification number which is stored on your mobile device and which is used to monitor and calculate the number of views of dynamic advertising during use of the Software. None of the information collected for this purpose including the identification number can be used to identify you.

14. Mobile Device Settings and Uninstall Procedures.

As part of the installation process of the Software, you may be changing your mobile device settings. By installing the Software, you agree that you have approved such changes. Such changes may include, without limitation, allowing mandatory updates of the Software once a new version is released and displaying notifications from the Software. To uninstall the Software, you may use the standard uninstall procedures offered by your mobile device's operating system.

15. Your Representations and Warranties.

You represent and warrant that you possess the legal right, capacity and ability to agree to this License, and that all information or material that you transmit through the Software is owned by you, is true, accurate and current, including User Account and payment information. You agree that you will not: (a) transmit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to transmit the material and to grant the right to use such materials as provided in this License; (b) submit any false information or misrepresentation that could result in liability or damage to Company or any third party; (c) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, graphic or gratuitously violent, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate; (d) impersonate another person, including submitting their name, description or likeness as your own; (e) transmit worms, viruses or other malicious codes; and (f) use the Software in violation of any and all laws, regulations and policies that may apply to the use of the Software.

You represent that you are 13 years of age or older, and acknowledge that the Software is not available for children under 13. If you are under 13 years of age, then you may not use the Software.

16. DISCLAIMER OF WARRANTY.

COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSES OR MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, INTEGRATION, OR LIABILITY ARISING FROM ANY COURSE OF DEALING, USAGE OF TRADE, OR TRADE PRACTICE. YOU AGREE THAT THE SOFTWARE IS BEING PROVIDED "AS IS" AND THAT COMPANY HAS MADE NO EXPRESS WARRANTIES REGARDING THE SOFTWARE. THE ENTIRE RISK AS TO FUNCTIONALITY AND OPERATION OF THE SOFTWARE LIES WITH YOU, AND COMPANY ASSUMES NO RISK OR OBLIGATION IN CONNECTION THEREWITH.

Some jurisdictions do not allow the exclusion of implied warranties, or have legislation that imposes certain statutory warranties that cannot be excluded, so the above exclusion may not apply to you.

17. LIMITATION OF LIABILITY.

YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCE WILL COMPANY, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF, OR RELIANCE ON, THE SOFTWARE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS LICENSORS, SUPPLIERS OR DEALERS BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation that restricts the limitation or exclusion of liability, so the above limitation may not apply to you.

18. Indemnification.

To the maximum extent permitted by law, you agree to defend, indemnify and hold Company and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, damages, liability, costs or expenses (including, but not limited to reasonable attorneys' fees) of any kind or nature, based upon, arising out of, or otherwise relating to your use of the Software or any breach by you of this License.

19. Open Source and Third Party Software.

Any Open Source Software that may be accompanying the Software is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein "Open Source Software" mean open source software components provided with the Software that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the Software. This Agreement does not apply to any Open Source Software accompanying the Software and Company hereby disclaims any and all liability to you or any third party related thereto. Portions of the Software may also include third party software that is subject to third party terms and conditions ("Third Party Terms"). A list of any open source and third party software and related Third Party Terms is available at http://www.callrecorder.co. If there is a conflict between any Third Party Terms and the terms of this License, then the Third Party Terms shall prevail in connection with the related third party software.

20. Third Party Beneficiaries.

Any third party providing access to download the Software, such as a Distributor, is a third-party beneficiary to this License. Upon your acceptance of this License, all such third parties will have the right (and will be deemed to have accepted the right) to enforce this License against you as a third-party beneficiary of this License.

21. Governing Law, Venue and Jurisdiction.

This License will be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law principles. You agree to accept the exclusive jurisdiction of the state and federal courts located in Houston, Texas, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

22. Export Law Assurances.

You may not use or otherwise export or re-export the Software except as authorized by United States law and laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

23. Commercial Items.

The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

25. Notice Regarding Apple, Inc.

The Software includes certain API's that are part of the Apple, Inc. ("Apple") iOS software platform and are governed by Apple's terms and conditions.

If you have downloaded the Software from the Apple App Store, or if you are using the Software on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This License is between you and Company only, not with Apple, and Apple is not responsible for the Software and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. In the event of any failure of the Software to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Software to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software. Apple is not responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Software and/or your possession and use of the Software infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Software. Apple, and Apple's subsidiaries, are third party beneficiaries of this License, and upon your acceptance of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this License against you as a third party beneficiary of this License. You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

26. Miscellaneous.

This License constitutes the entire agreement between you and Company concerning your use of the Software. Our failure to exercise or enforce any right or provision of this License does not constitute a waiver of that right or provision. If any provision of this License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this License remain in full force and effect. Any summary sections, section titles, and annotations in this License are for convenience only and have no legal or contractual effect. The provisions of this License that are intended to survive the termination of this License by their nature will survive the termination of this License.

27. Software Questions and Contact Information.

Company, and not any third party Distributor, is responsible for addressing any questions, comments or claims relating to the Software and/or your use of the Software. If you have any comments or questions, please contact Company at: