XCaller Terms of Service

Effective date: January 4, 2019

True Software Scandinavia AB ("Xcaller" or "we") provides users ("users" or "you") with a global telephone community service that trades through a variety of software applications and services, including but not limited to the "Xcaller" application . These Terms of Service and Xcaller Privacy Policy ("Terms") will govern your use of Xcaller's software applications, websites, Web services APIs, tools or other services and features provided by Xcaller from time to time (collectively the "Services"). By access or By using any service, you agree to be bound by these terms. By using the Xcaller application you confirm that you are a resident of a European country and that the international dialing code for the phone number you register to access our services belongs to that country. If other third party services are available to us If a part of the service is provided, the corresponding third party terms of service and privacy policy will apply to any such use of you. If you register as a commercial entity at Xcaller, you have the right to legally bind the entity. For the Xcaller SDK and Xcaller priority users, specific terms apply to the corresponding agreement for such services. For API users, additional terms apply to the API License Addendum (incorporate these terms by reference).

Certain features of the Service may be subject to other guidelines, terms or conditions that will be posted on the Service or Services in such functionality. All such additional terms, guidelines and rules are incorporated by reference into this article.

1. Personal information

We are firmly committed to protecting and protecting personal information about our users and services. The Xcaller Privacy Policy describes how we collect, use, share and process personal information. You acknowledge and agree that Xcaller may collect, use, share and process the personal information described therein.

2. Granting rights

Xcaller grants you personal, non-exclusive, non-transferable and limited use of the Services for your personal, non-commercial use, unless otherwise agreed in writing by us or as otherwise provided in the API License Addendum. . You may not use the Xcaller service on any device that you do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to obtain the source code of the Xcaller Software Application, modify or create derivative works, any updates or any part thereof (unless the above restrictions apply) or prohibited by applicable law The license terms for any open source components included in the Xcaller software application may be permitted or may be permitted.

You are not entitled to any rights to use Xcaller names, trademarks or other commercial symbols. Xcaller reserves all rights not expressly granted to you under this clause.

If you wish to use any part of the Service as part of your own application or to modify any part of the Service, such use is subject to prior written approval by Xcaller and you have a separate license agreement with Xcaller. Any API, commercial or business use of the Service shall be governed by an API License Appendix or other separate agreement as may be required by Xcaller.

3. Support

Xcaller is committed to providing adequate and effective technical support, upgrades and updates to the service. However, Xcaller is under no obligation to support or maintain the Services in accordance with these Terms and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time.

4. User obligations and restrictions

You warrant that, based on your knowledge, any information and other content (such as your personal information) that you may share with Xcaller as a user of the Service (collectively "Content") is correct and does not violate applicable laws and will not be destroyed or Destroy the service and you have the right to share content with Xcaller so that Xcaller can provide services and share content with other users.

You may not transfer the value of the Services or Content for any commercial use or otherwise by way of service or content, unless otherwise agreed in writing or in the API License Appendix. You agree not to challenge Xcaller's rights to, or otherwise attempt to claim, any other User's services or any content, except as expressly granted under these Terms. You agree to the use of the Services and Content only as expressly permitted by these Terms.

You agree not to use the Services, Content or Information to attempt to circumvent the normal operation of the Services, or in any way reduce the fees or costs that we may derive from the Services, including creating multiple accounts, redirecting traffic, following other fraudulent or deceptive Practice creating a parallel repository or seeking to bypass the service or compete with us.

By extracting data (including any content and any third-party information accessible through the Service) using an automated system or software, it is strictly forbidden to scrape any information contained in the Service.

You may not use the Services or Content in any way, which is illegal, harmful, or may be considered offensive by Xcaller, other users or third parties. You agree not to use the Services or Content in any unauthorized manner, including but not limited to hacking or increasing network capacity. You further agree not to use our services or content in any way to harass, abuse, track, threaten, defame or otherwise infringe or infringe the rights of any other party, and you acknowledge and agree that Xcaller shall not be liable in any way. . You use such services and any harassment, threats, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services. Although Xcaller has any other remedies,

You may not use or otherwise export or re-export services except as authorized by US law and the laws of the jurisdiction in which it is served. In particular, but not limited to, services may not be exported, re-exported or otherwise provided (a) in any country or region that enters the US Government embargo, or (b) any person on the US Treasury’s list of specially designated nationals or US business The Department denies the list of persons or entities. By using the Services, you represent and warrant that you are not in any such country or any such list. If you access any of the subscription services in violation of these terms, we reserve the right to cancel such subscriptions without refunding any fees under applicable law.

You can contact Xcaller at serxtools@gmail.com to report violations or violations of your rights by service users.

5. Ownership

Services are protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. Xcaller and its licensors shall retain ownership of the Services and all related intellectual property rights, including but not limited to copyrights, trademarks, trade names, database rights and patents. You are only granted limited rights to use the Services subject to these Terms and Conditions, unless otherwise stated herein, will not or will be deemed to transfer or license your intellectual property.

6. Unmodified content

Xcaller does not preview any content not published by Xcaller, that is, you or other users publish or communicate directly in the service or on the service, including user information, user profile information, status updates, and messages sent via the service. According to the Basic Law on Freedom of Expression of the Swedish Freedom in the above paragraphs, any such unadjusted content is not protected by the Constitution, and Xcaller will not be liable for the publication of such content. We will point out any unaudited or reviewed content posted on the service or on the service, for example, by using different badges related to the publication of such content.

You are solely responsible for any content that you post or communicate directly with or on the Service, and you agree to post or communicate only the following:

Is true, not false or misleading;

Not likely to be considered threatening, defamatory, defamatory, pornographic, racial or ethnically offensive, discriminatory, insulting, defamatory or otherwise illegal or inappropriate;

Belong to you, or you have the right to distribute;

Does not constitute an infringement of the intellectual property or privacy rights of any third party;

Does not constitute information that you cannot legally distribute (such as insider information or confidential information);

Does not contain any unsolicited or unauthorized advertisements, promotional materials, "spam", "spam", "chain letters", "pyramid plans" or any other form of solicitation;

Does not contain software viruses or any other technology that may harm the service, or the interests or property of other users of the service or service.

It is accurate, fair, and does not detract from us, services or other users. In addition, you agree to be fair, accurate and not demeaning when reporting numbers, leaving comments, suggestions, feedback, recommendations and comments on the service or about the service.

Xcaller appreciates the opportunity to notify users of any objectionable user-generated content posted or communicated directly on the service or on the service. Please contact us at support.eu@Xcaller.com to report any objectionable user-generated content. Xcaller hereby reserves the right, in its absolute discretion, to remove any User Generated Content from the Service.

7. Third party content

The service may contain links to external content provided by third party websites and services. Such third party content, websites and services may be subject to the terms and conditions of the respective third parties and Xcaller shall not be liable for any such third party content, websites or services.

8. Disclaimer

To the maximum extent permitted by applicable law, Xcaller makes no warranties or representations of any kind, express or implied, regarding the service, quality, performance, merchantability, fitness for a particular purpose or non-infringement of third party rights. The Service is provided "as is" and you agree to use the Service at your own risk.

You understand and acknowledge that the Services may be unavailable from time to time and that Xcaller will not be liable for any failure to use the Services for any reason.

Xcaller does not warrant or declare that the Service may be used in any particular location. Within the scope of your choice to access and use the Services, you are responsible for complying with any applicable laws relating to such access and use of the Services.

9. Limitation of liability

To the fullest extent permitted by applicable law, you expressly agree that Xcaller shall not be liable under any circumstances for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to loss of profits, data and goodwill. Damage, use or inability to use the service or content, even if it is told that such damage may exist. In particular, but not limited to, Xcaller is not responsible for any information stored or processed in the Service, including the cost of recovering such information. The only right or remedy for any problems or dissatisfaction with your service is to uninstall the Xcaller application and stop using the service.

Xcaller is not responsible for the validity, reliability or correctness of the content and information provided through the Service. Any use of the Content and Information obtained through the use of the Services is at your sole discretion and risk.

Nothing in these Terms shall limit or exclude our liability for any liability what is required by law, including any rights you may have as a consumer under mandatory consumer law.

10. Termination

You continue to use the service until these terms are terminated. Xcaller may terminate the Terms and your use of the Services at any time with thirty (30) days notice. You may terminate this clause at any time by uninstalling the Xcaller application and discontinuing use of the Service. If you do not comply with these terms, these terms will automatically terminate. Once terminated, you agree to discontinue use of the Service. You will not be refunded any license fees or other prepaid fees (if any) due to your breach of these terms and your termination by Xcaller. After Xcaller terminates without cause, if there are any unused prepaid charges in your written request, you will receive a refund if your request includes a receipt for such charges and an explicit payment instruction.

The disclaimer, limitation of liability, termination and applicable law of the Section shall survive the termination of this clause.

11. Transfer

Xcaller reserves the right, in its sole discretion, to transfer and transfer the rights and obligations under these Terms to any third party.

12. Additional terms and changes

Because Xcaller provides global service, additional terms of service may apply to users in certain jurisdictions and in this case may be provided and incorporated in the appendix.

Xcaller can change services at any time, such as adding or removing features or stopping services. Xcaller also reserves the right to modify these terms at any time by providing the revised terms to the user or posting the revised terms in the service. If there are major changes, you should always notify the user and provide the option to terminate the service immediately. If you choose to terminate the service, we will refund any unused prepaid fees based on your written request, provided that your request includes a receipt for such charges and an explicit payment instruction. The revised terms will be effective after posting or notifying the user. You will always find the latest version of these terms at https://www.xoutil.com/xcaller/privacy_policy.html. By continuing to use the Service after posting or notifying the revised Terms, you accept the revised Terms.