Terms of Service

2 months ago
Updated

Effective Date: March 7th, 2022

These Terms of Service explain your rights and obligations in using the websites including but not limited to, www.callbreaker.io (trade name), with its address Ysyone, 6 Chemin DES VITARELLES 31150 LESPINASSE, its subsidiaries, parents and affiliates ("Callbreaker"). We refer to our Website visitors users as users ("Users") of Callbreaker's Services ("Services") whether as a guest or registered use

Please read the Agreement carefully. By continuing to use the Services, you agree that you have read and are bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, you must not use the Website

These Terms of Service include important agreements about your rights and the rights of Callbreaker, including a binding agreement about how to resolve any disputes between us connected to the Services. These Terms of Service also contain disclaimers of warranties and limitations on liability that may be applicable to you..

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms of Service and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms of Service contain disclaimers of warranties and limitations on liability that may be applicable to you.

I. ABOUT AVAILABILITY OF THE ONLINE SERVICES

SOLE CONSIDERATION. You agree that our sole offer to you in connection with the Services is to provide them as-is, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Services or any component of the Services.

SERVICES PROVIDED "AS IS". YOU AGREE THAT THE INFORMATION, SOFTWARE, SERVICES AND CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS”. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICES BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND CALLBREAKER AND/OR ITS SUPPLIERS, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUB-LICENSEES, AGENTS, AND/OR SUBCONTRACTORS (COLLECTIVELY, THE “CALLBREAKER PARTIES”) DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, ERROR FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (OR ANY PART THEREOF) SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. LIABILITY OF THE CALLBREAKER PARTIES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF SERVICE, SHALL EXCLUDE SUCH WARRANTIES OR LIMIT LIABILITY OF THE CALLBREAKER PARTIES WHERE IT WOULD BE UNLAWFUL TO DO SO UNDER APPLICABLE LAW.

REGISTRATION AND ACCOUNTS. In order to access some features of our Services you will need to create an account (an "Account") and may provide information, data, or content specific to you ("Account Information"). You agree to: (a) provide true, accurate, current and complete Account Information, (b) maintain and promptly update your Account Information, (c) only maintain one Account, (d) never use another person’s Account, and (e) bear full responsibility for the activity on your account and the security of your credentials.

You agree that Callbreaker may use your Account Information to provide Services that you access or use and as otherwise set forth in these Terms of Service. For certain Services, Callbreaker may require you to verify your phone number or email address and consent to a one-time SMS message or email sent through a third-party service provider. You are responsible for providing your accurate phone number or email address for verification purposes.

KEEP YOUR ACCOUNT INFORMATION SAFE. You are responsible for keeping your username and password secure and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your Account or from your computer and mobile devices. You may not assign or otherwise transfer your Account to any other person or entity. If you believe that there has been unauthorized access to your username, password or your identity, please contact us as soon as possible so that we can work together to limit the damage. You may register for or log-in to your Account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Callbreaker to pre-populate the registration and other relevant information fields of your Account and/or to use such third-party credentials to log you into your Account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, and refuse current or future access to or use of the Services, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service or if we consider that you are using our Services to upload or download content or infringe in any manner the rights of another person.

We also reserve the right to disclose your identity to any person who claims that any content you have uploaded to our Services infringes their intellectual property rights or their right to privacy or is defamatory.

ONLINE SERVICES SUBJECT TO CHANGE. You agree that we may change or discontinue the Services, temporarily or permanently, in our sole discretion and without prior notice. The Mobile Apps may download and install upgrades, updates and additional features in order to improve the Services. You agree that you will not rely on the continued availability of the Services in taking any action, refraining from any action, or entering into any commitment.

CONTENT NOT RETAINED FOREVER. You agree that any Account you may create via these Services may be terminated, and/or some or all of the associated Account Information deleted, following a period of inactivity. Such deletion may be done without prior notice.

IF IMPORTANT, KEEP A COPY. You agree that unless otherwise specified any Account Information which you upload or provide via the Services may be modified or deleted without prior notice and at Callbreaker’s sole discretion. Therefore, to the extent any Account Information has importance to you, you agree to maintain an original copy separate from these Services.

II. ABOUT YOUR ELIGIBILITY FOR THE ONLINE SERVICES

YOUR AGE. The Services are intended for use by individuals 13 years of age and older, or such higher age required in your country to use the Services. You are not permitted to use the Services, establish an Account, or provide Account Information if you are under 13 years of age, or such higher age required in your country. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms of Service on your behalf.

YOUR LOCATION. The Services are operated by Callbreaker from the United States. Callbreaker makes no representation that the Services are appropriate or available for use in other locations. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.

III. ABOUT YOUR RESPONSIBILITY FOR THE SERVICES

YOUR LIABILITY. You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and the Callbreaker Parties from and against any and all losses, liabilities, claims, damages or expenses (including attorneys' fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.

PROHIBITED USE OF THE SERVICES. As a condition of your use of the Services, you agree that you will not use the Services for any purpose or in any way that is prohibited by these Terms of Service or that violates any applicable laws or regulations. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not collect or aggregate information regarding other users’ actions related to the Services, and you may not otherwise obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

You may not create an Account, host, display, upload, modify, publish, store, update, share, email or otherwise transmit to Callbreaker information or any submission of any kind that, within the sole discretion of Callbreaker :

belongs to another person and to which you have no right;
is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, offensive, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with, contrary to, or in violation of any laws in force;

iii. is harmful to children;

infringes any patent, trademark, copyright or other proprietary rights;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonates another person;

vii. threatens the unity, integrity, defence, security or sovereignty of any nation state, friendly relations between nation states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to a nation state;

viii. contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or
consists of commercial solicitation, mass messaging, political campaigning or any form of spam.

YOU MUST KEEP YOUR EMAIL ADDRESS UP TO DATE. If you change your e-mail address or other Account Information used by Callbreaker to communicate with you electronically, you must notify Callbreaker of the change immediately by logging on to the Services and updating your profile to reflect the correct email address or by sending written notice of your updated e-mail address to callbreakerapp@gmail.com

If you do not update or change an incorrect e-mail address or other contact information, you understand and agree that any notices, statements or other communications to you from Callbreaker will still be considered to have been provided to you if they were made available to you in electronic form on the Services or e-mailed to the e-mail address we have for you in our records. Callbreaker reserves the right, if we choose, to restrict your ability to use the Services if Callbreaker believes that the e-mail address you provided is incorrect.

NO TEXT OR DATA MINING, OR WEB SCRAPING. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Services. This includes using (or permitting, authorising or attempting the use of):

Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Services or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

IV. ABOUT INTELLECTUAL PROPERTY

YOUR SUBMISSIONS. When you provide submissions ("Submissions") to Callbreaker , you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions on or to Callbreaker , you grant Callbreaker (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.

When you provide any Submissions to Callbreaker , you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize Callbreaker to make use of these Submissions in the manner contemplated by the Service and these Terms of Service; and have explicit permission, such as a signed, written consent and/or release from every person that may appear within the Submissions for Callbreaker to use the Submissions, including the names and likeness of those persons, in the manner contemplated by the Service and these Terms of Service.

OUR INTELLECTUAL PROPERTY. You acknowledge and agree that Callbreaker or its third party licensors own the contents of the Services and all copyrights and all other right, title and interest in and to such content, and you agree not to challenge, directly or indirectly, Callbreaker’s ownership (or that of its licensors) in and to such content. Nothing contained in the Services or in these Terms of Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any name, logo, trademark or service mark displayed in the Services without the written permission of Callbreaker or such third party that may own the trademark displayed via the Services, and you may not use any name, logo, trademark, or service mark available via the Services without prior written approval by Callbreaker . Except as expressly permitted in these Terms of Service, you may not copy, display, distribute, perform, create derivative works of, or otherwise use the Services or their content.

COPYRIGHT VIOLATIONS. If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to Callbreaker requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and https://www.loc.gov/copyright for further details). The notice must include all of the following:

An electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner; sufficient identification of the allegedly infringing material; sufficient information as to the location of the allegedly infringing material so that it may be found and identified; the complainant's name, address, telephone number and, if possible, email address; a written statement by the complainant of a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Callbreaker a counter-notice. All notices with respect to Callbreaker should be sent to the Callbreaker Copyright Agent. Callbreaker suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that Callbreaker shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA.

Callbreaker’s designated Copyright Agent to receive notifications of claimed infringement is:

Callbreaker (trade name)

Ysyone

6 Chemin DES VITARELLES 31150 LESPINASSE

Email: callbreakerapp@gmail.com

Only DMCA notices should go to the Copyright Agent.

YOUR FEEDBACK. We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, "Feedback"). If you provide Feedback, you hereby grant to Callbreaker a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Callbreaker any Feedback that you do not wish to license to us as set forth above.

V. ABOUT PAYMENT AND VIRTUAL CURRENCY

If you purchase credits ("Virtual Currency") and/or products or services using Virtual Currency through the Services, you will be asked to provide information about your preferred payment method (e.g., credit card, online payment service, a third party such as Google Play or App Store (Apple), or other payment method. If you provide your payment information (e.g., name, billing address, credit card information) you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you pay through the Google Play or App Store (Apple), you may change your payment method through the corresponding store account. Callbreaker may change the payment methods offered within the Services from time to time. You warrant that all such billing information is complete and accurate, and that you are authorized to use such account information for such payments. The use of a third party payment service (“Payment Processor”) is subject to any terms and conditions made available by the Payment Processor, and you must comply with all such terms and conditions. You acknowledge that you may be separately required to accept the Payment Processor’s own terms governing use of its services in the manner it specifies.

We may offer you the ability to purchase a monthly or yearly subscription for an ad-free Callbreaker experience. When you purchase a subscription, you understand that it is a membership that automatically renews itself every month or year indefinitely without action. Callbreaker will charge the then-current monthly or annual membership fee to the billing account that you designated as your preference, or if you have not designated a preference, to the payment mechanisms, such as a debit or credit card, most recently used on the Services. The benefits of your subscription will be suspended unless and until payment is received, provided payment is received within 25 days. If payment is not received within 25 days, your subscription will be cancelled.

Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period. No charges will be made against the payment method unless you do not cancel prior to the end of your free trial period.

When you purchase or receive Virtual Currency, you do not own them. Instead, you receive a limited right to use them for eligible services and merchandise on Callbreaker such as accessing locked content.

We make no guarantee as to the nature, quality, or value of the services or merchandise that are connected with the use of Virtual Currency. The price for content will be displayed at the point of purchase. Using your Virtual Currency to access content grants you a limited license to access certain features of the Services when, as, and if allowed by us. All Virtual Currency transactions are final and we do not offer refunds for such transactions. We are not responsible for repairing or replacing content, or providing you with any credit or refund in the event that we modify, suspend, or terminate the Virtual Currency program, or for loss or damage due to any service error, or any other reason.

Purchases of Virtual Currency may not be sub-licensed and are non-refundable and non-transferable, even if they expire or are revoked or discontinued. We may change the purchase price for Virtual Currency or for accessing content at any time, as well as the ways you can use Virtual Currency. We reserve the right to suspend, revoke, or stop issuing Virtual Currency or permitting their use at any time without notice, refund, or compensation, and to set expiration dates for Virtual Currency. Without limiting the foregoing, if your account has been inactive for 180 days or more, or if you have not used your Mobile App for 180 days or more, your Virtual Currency will expire and we may cancel and terminate your Virtual Currency. We are not required to notify you in advance of these actions, or to provide you any refunds, compensation, or any material or non-material benefit for such expiration, termination and/or cancelation of your Virtual Currency. Virtual Currency may not be redeemed for any sum of money or monetary value, or for services or items of value outside the Services. If you delete your account or your account is terminated for any reason, you will lose all accumulated Virtual Currency without refund or other compensation. You agree that we will have no liability to you based on our exercise of our rights with respect to Virtual Currency.

Certain jurisdictions (for example, the United Kingdom and a member state of the European Union) may provide statutory rights, including a 14-day cooling-off period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or cancellation rights.

VII. ABOUT HOW WE WILL RESOLVE CONFLICTS BETWEEN US CONCERNING THE SERVICES

DISPUTE RESOLUTION -- VENUE. You agree that any dispute connected with the Services or your relationship with Callbreaker shall be resolved exclusively in New York County, New York. You agree to waive any and all objections to this choice of venue.

NO CLASS ACTIONS. You agree that you will only sue us as an individual in any dispute connected with the Services. You agree that you will not file a class action, or participate in a class action. You agree that you will not join any claim you may have against us with the claim of any third party.

NO JURY TRIAL; BINDING ARBITRATION. You agree to waive your right to a jury trial, and submit any dispute relating to the Services to binding arbitration. You and we agree that at the election of either party, any dispute connected with Services between us may be sent to binding individual arbitration to be administered by JAMS, Inc. ("JAMS"). If, for any reason, JAMS is not available or will not hear the case, you or we may file our case with any national arbitration company.

STANDARD OF CARE. You agree that our sole obligation to you in connection with the Services is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party.

LIMITATIONS ON LIABILITY. If, for any reason, we are judged liable to you connected with Services, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You understand and agree that the price of these Services would be significantly higher but for these limitations on liability. This limitation on liability shall not be construed to apply to any damages or other substantive remedies available via statute.

WE'RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES. You also agree that we are not responsible for anything beyond our control. For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); other technologically harmful material that may infect your computer equipment, computer programs, data or proprietary material due to your use of the Websites or Mobile Apps or to your downloading of any content on it, or on any website linked to it; or for errors in information provided to us upon which we reasonably rely. These are only examples.

THIRD PARTIES. Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Callbreaker . Your interaction with, or participation in promotions of, third parties found on or through the Services are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT Callbreaker SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES. We assume no responsibility for the content of websites linked on the Websites or Mobile Apps. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

VIII. ABOUT THESE TERMS OF SERVICE

CHOICE OF LAW. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of laws principles.

TERMINATION BY US. We reserve the right to terminate this Agreement, in our sole discretion. We may terminate this Agreement prior to sending you written notification. For example, we will terminate the account of any User who threatens or harasses any other User.

AMENDMENTS. These Terms of Service may be updated from time to time. You should therefore check these Terms of Service whenever you return to or use our Websites or Mobile Apps to see whether any changes have been made, as these will be binding on you. If we make any changes, we will notify you by posting the revised Terms of Service on this page and by revising the "Effective Date" at the top of the Terms of Service. Where the changes are material, we may also choose to provide you with additional notice (such as by adding a notice to our Services prior to the changes becoming effective, or by sending an email to all our registered users with the changes), and it is within our sole discretion whether or not we choose to do so. The date of the most recent revisions will also appear on this page. If you do not agree with this Terms of Service or you do not agree to any changes we make in the future, you must not use the Websites or the Mobile Apps.

ENTIRE AGREEMENT. These Terms of Service constitute the entire agreement between you and Callbreaker with respect to the subject matter of these Terms of Service and supersede and replace any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of these Terms of Service. Our past, present and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms of Service do not give rights to any third parties.

ASSIGNMENT, SEVERABILITY AND WAIVER. You may not assign any of your rights under these Terms of Service, and any such attempt will be void. Callbreaker may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services. If a provision is found to be unenforceable, the remaining provisions of the Terms of Service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Callbreaker’s failure to enforce a provision is not a waiver of its right to do so later.

IX. CONTACT INFORMATION

If you have any questions, comments, or concerns about our Services or Terms of Service you may contact us at: callbreakerapp@gmail.com

If you believe we have breached these Terms of Service or would like to raise other concerns about our Services, you can contact callbreakerapp@gmail.com

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