Last Updated: March 11, 2021
These Terms of Service, which include by reference BlingCall’s Privacy Policy (collectively, “Terms“) govern your use of BlingCall’s software in executable code form only, any documentation provided therewith, and any modified, updated, or enhanced versions of such items that BlingCall may provide to you pursuant to these Terms (“Software”), along with BlingCall’s websites, web services, APIs or other online and offline services (together with the Software, the “Service”), irrespective of release version. These Terms constitute a legal agreement between you, either an individual or a single entity (“you” or “user“) and BlingCall Software Ltd. (“BlingCall”, “we” or “us”).
If you are entering into these Terms on behalf of an organization, you hereby warrant that you have the authority to do so.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY DOWNLOADING, CONNECTING TO, ACCESSING, ACTIVATING OR USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PROVISIONS OF CALLAPP’S PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE TO THESE TERMS, AND YOU AGREE TO BE BOUND BY THEM AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH THE SERVICE. IF YOU DO NOT AGREE TO ANY OF THE TERMS, YOU ARE NOT ALLOWED TO DOWNLOAD, CONNECT TO, ACCESS, ACTIVATE OR USE THE SERVICE AND ARE OBLIGED TO UNINSTALL OR ERASE THE SOFTWARE FROM ALL YOUR DEVICES.
The Service is not designed or intended for children under the age of eighteen (18), unless a younger age threshold has been adopted by your country (the “Eligible Age”). We reserve the right to request proof of age at any stage to verify that minors under the Eligible Age are not using the Service. In the event that we learn that a child under the Eligible Age uses the Service, we will prohibit such person from accessing the Service and we will terminate the relevant account. If you become aware of any minor under the Eligible Age using the Service or that any Collected Information (as described in our Privacy Policy) relates to a minor under the Eligible Age, you may request to unlist their number from the Service in a way described in our Privacy Policy.
CallApp may update these Terms from time to time and such updated Terms will be effective as of the “Last Updated” date. Your continued use of the Service on or after the “Last Updated” date constitutes your consent to such updated Terms.
The Service is a global call screen themes community and video editor, enhancing your ability to make your own call screen and providing related video editor services and tools to color your call. The Service may also provide you with complementary information for incoming calls, such as photo, company, email address, if such information is available through BlingCall’s data resources (“BlingCall’s Resources”) or through Blingcall’s partners’ data resources, or over publically available online databases and other public data resources (“Public Resources”). In addition, you are able to upload and share your videos to the Service.
By downloading and using the Service you hereby acknowledge the terms and the practices related to the collection and storage of information, including Content and Collected Information (as described in our Privacy Policy) including but not limited to your full name and telephone number.
Please be aware that information provided to you, or accessed by you, in connection with the Service or otherwise by BlingCall may be incomplete, inaccurate, objectionable or outdated, and BlingCall disclaims all responsibility and liability with respect thereto.
To transmit and receive updates on real-time to and from the Service, the Service requires an online connection of your mobile device to the internet (such as wi-fi, 3G or 4G). All costs of such connection are at your expense, as dictated by your communications service provider (cellular company) and in accordance with its applicable payment terms.
Subject to the limitations and restrictions provided in these Terms, BlingCall hereby grants you a limited, personal, free-of-charge, non-exclusive, non-sub-licensable, non-transferable, revocable: (i) right to use the Services, and (ii) license, to download, access and use the Software; and in both cases on a device that you own or control, for the sole purpose of your personal, non-commercial use of the Service (collectively, “License”). These Terms does not convey to you any interest in or title to the Software, but only limited rights to use the Service solely in accordance with the License and these Terms.
This License does not allow you to use BlingCall’s name, trademarks or other commercial symbols.
All rights and licenses not expressly granted to you under these Terms shall be retained by BlingCall.
In the event that you wish to use the Service as part of your own application, a separate agreement with BlingCall is required.
The following restrictions are strictly prohibited with respect to the Service including the Software. Your failure to comply with any of these restrictions may result in the immediate termination of your License and your right to access and use the Service, and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
Use of the Service requires registration. In order to become a registered user of the Service, you may be asked to provide us with several details about yourself, such as your full name, telephone number, active email address and residence information. You must provide full, accurate and truthful information.
Providing wrongful or erroneous information may prevent you from using the Service and may prevent BlingCall’s ability to contact you and may result in BlingCall terminating the License and your right to use the Service.
The information you provide during registration will be stored on BlingCall’s Resources, which we will use consistent with our Privacy Policy.
Treatment of your information, including your Collected Information, after unlisting is described in our Privacy Policy.
BlingCall may in its sole discretion and at any time temporarily or permanently suspend or block a user from using the Service, immediately and without liability.
BlingCall may in its sole discretion and at any time cease the operation of the Service or any part thereof, temporarily or permanently, immediately and without liability.
The following provisions of these Terms will survive termination for any reason: 3, 5, 6, 7, 8, 9, 10, 11, 13, 16, 17, 18, 19, 20, and 21.
You may submit and upload information, including Collected Information, into the Service as content (“Content”). Content may take the form of your profile information, contact information, or other types of data, that you upload or otherwise share.
You are solely responsible for your Content. You warrant that you own all right, title and interest required for the use of your Content in the manner contemplated in these Terms, that you have the right to share your Content with BlingCall, the Service, and other BlingCall users, and that your Content is not false and will not disrupt or corrupt the Service and is otherwise consistent with these Terms.
In addition to Content, other information, including your Collected Information, is received or may be received, and may be used by us, including the following: geo-location, IP address, device ID or unique identifier, device manufacturer and type, device and hardware settings, ID for advertising, ad data, operating system, operator, phone number, connection information, usage statistics, device log and event information, device details (including: device manufacturer and type, device model and name, device hardware and settings), supported apps information, version of the Software used, and other information based on interactions with the Services. This information is received when you or other users use the Service, through Public Resources, and from cookies and other technologies. For more information regarding Collected Information and your privacy, please refer to our Privacy Policy.
You agree that you will exercise caution and common sense if you provide us with or let us collect or receive Content or other information, including Collected Information, about someone else (including Contact information), and you hereby confirm that it is not false and that it will not corrupt or disrupt the Service, and that you have the right to provide or let us collect, receive, use and share such other information, including Collected Information, in accordance with these Terms and our Privacy Policy.
You hereby grant BlingCall a non-exclusive, permanent, worldwide, non-revocable, royalty-free, sublicensable and transferable license to use your Content and other information in any way at BlingCall’s sole discretion, including without limitation to reproduce, distribute, publically perform, reproduce, edit, translate, reformat, make derivatives of it, incorporate it into a collective work, and use it in order to promote BlingCall’s business in any way, without the need for any further compensation, approval or consent.
BlingCall may monitor Content or other information made available by or otherwise received from users through the Service but cannot and does not guarantee that it will monitor, or the source, completeness, currency, or correctness of any Content or other information. You accept that through the Service you may be exposed to Content or other information that is false or objectionable. Without derogating from any other provision herein, you agree that you shall bear all risk and responsibility associated with the use of Content or other information, and that BlingCall shall not be liable in connection therewith. In addition, you should not have any expectation of privacy with respect to Content.
BlingCall and its licensors retain all right, title and ownership in and to the Service and any part thereof, including without limitation the Software, the design and layout of the Service and all contents of the Service (except for user Content), and including without limitation all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service, website, or any of the Software features), specifications, methods, procedures, algorithms, data, technical data, interactive features or activities, source and object code, files, interface, GUI and trade secrets, whether or not registered, and all copies, revisions, modifications, updates and/or upgrades thereto, including all derivative works thereof (collectively, “Intellectual Property“)
Except for the License granted in accordance with these Terms, all rights in and to the Service are reserved, and no licenses, implied or otherwise, are granted by BlingCall. You agree not to challenge BlingCall’s rights in or otherwise attempt to assert any rights in the Service, except those explicitly granted under these Terms.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of BlingCall, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Software or the content included in the Service, and you represent and warrant that you will abide by all applicable laws in this respect.
You are further prohibited from using, diluting or registering any name, mark, logo or other commercial symbol that is identical or confusingly similar to any of BlingCall’s marks and logos, whether or not registered or registrable.
Third-party trademarks, product names and brands which may appear in the Service are the property of their respective owners, including all goodwill associated with such trademarks and product names.
You agree not to use or disclose any of BlingCall’s Confidential Information except in connection with your authorized use of the Service. “Confidential Information” means all non-public information disclosed to you by BlingCall in connection with the Service that is designated by BlingCall as being confidential or that you should reasonably understand to be confidential, including without limitation all non-public aspects of the Service such as the Software.
Certain software, files or components included in the Service are licensed to BlingCall from third parties (“Third Party Software“). BlingCall utilizes Third Party Software according to the applicable license agreements governing such Third Party Software. BlingCall does not recommend, sponsor or endorse, and BlingCall and the Software are not sponsored by, endorsed by, or affiliated with, the provider of any Third Party Software. Without derogating from any other disclaimer of liability set forth in these Terms, BlingCall has no control over Third Party Software and is neither responsible for its functioning nor for any error, defect or malfunction in such Third Party Software. Note that information may be collected and stored by the providers of such Third Party Software and that your use of such Third Party Software, including use in connection with BlingCall’s Software, is governed by the terms of use and privacy policies of the applicable Third Party Software providers and not by these Terms. We recommend that you review the terms of use and privacy of all Third Party Software that may be bundled with the Software or installed in connection with the Software.
Some Third Party Software may be open source software. To the extent these Terms conflict with the terms of an open source license, the open source license terms will prevail. You may request a copy of the open source licenses we use by contacting us. OPEN SOURCE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OR GUARANTEE OF ANY KIND.
The Service may contain links to third party services, applications or websites (“Third Party Sites”). You hereby acknowledge that BlingCall has no control over Third Party Sites, nor does it assume any responsibility for Third Party Sites including without limitation the availability of Third Party Sites, and does not screen, promote or endorse and is not responsible or liable for any services, content, advertisements, products, or any materials available on Third Party Sites. You further acknowledge and agree that BlingCall shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, applications, content, products or other materials available on or through any Third Party Site. BlingCall encourage you to carefully read the privacy policies and the terms of use or service of Third Party Sites. The use of Third Party Sites is at your sole and exclusive risk.
BlingCall may integrate commercials, advertisements and/or sponsored links (“Advertisements”), whether within or beside the Service. By clicking an Advertisement, you may be transferred to a service of an advertiser or receive any other content, messages, information or offers from the advertiser and from others. All information contained in Advertisements is solely controlled by the relevant vendor, and BlingCall neither controls Advertisements nor makes any warranty or representation with respect to their accuracy, appropriateness or content. You agree that your use of the Service, in this respect as well in all other matters, is at your sole and exclusive risk.
Updates to the Software may be automatically downloaded from the Service and installed on your device from time to time. These updates may take the form of bug fixes, enhanced functions, new actions and new versions of the Software. You acknowledge and agree to receive such updates from BlingCall and hereby permit BlingCall to deliver these updates to you and install them automatically on your device as part of your use of the Service.
We respect your privacy. Our policy and practices and the type of information collected pertaining to you and your Contacts are described in details in our Privacy Policy, which is incorporated by reference into these Terms. If you intend to connect to, access or use Service or download and install the Software, you must first read and agree to our Privacy Policy.
BlingCall has the right but not the obligation to monitor any activity and content associated with the Service. BlingCall may investigate any reported violation of these Terms and take any action it deems fit, including terminating your access and use of the Service without any prior notice. If BlingCall suspects that your activity violates any law or regulation, BlingCall may report to the appropriate law enforcement authorities or other third parties.
You hereby represent and warrant to BlingCall that: (i) the information you have provided to BlingCall is complete and accurate, and (ii) you are above the age of thirteen (13). You shall update your account information to maintain the accuracy of such information during the term of these Terms.
BlingCall may change the Service’s layout and design and the availability of Content and functions included therein or may change the form, features or nature or all or part of the Service from time to time without providing any prior notice. BlingCall may also temporarily or permanently cease or discontinue providing any or all of the Service, support, updates and/or upgrades at any time. You hereby agree and acknowledge that BlingCall shall bear no liability with any of the foregoing.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE SERVICE INCLUDING THE SOFTWARE LICENSED UNDER THESE TERMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, BLINGCALL MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR IN CONNECTION WITH THE INSTALLATION, USE, PERFORMANCE, RELIABILITY, ACCURACY OR QUALITY OF THE SERVICE, OR IN CONNECTION WITH TITLE, NON-INFRINGEMENT, PRIVACY, NON-INTERFERENCE, OR AVAILABILITY IN ANY LOCATION, OR ANY WARRANTIES AND RIGHTS IMPLIED UNDER THE US UNIFORM COMMERCIAL CODE, UCITA (UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT) OR COMMON LAW.
BLINGCALL DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOUR CONTENT OR COLLECTED INFORMATION OR OTHER INFORMATION WILL NOT BE LOST OR CORRUPTED, THAT INFORMATION CONTAINED IN THE SERVICE INCLUDING WITHOUT LIMITATION PHONE NUMBERS, NAMES AND PHOTOGRAPHS WILL BE CURRENT, COMPLETE OR ACCURATE, OR THAT THERE WILL NOT BE DAMAGE TO YOUR DEVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
USER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. BLINGCALL DOES NOT WARRANT, ENDORSE OR GUARANTEE, AND IS NOT RESPONSIBLE FOR, ANY ACTION OR NON-ACTION IN CONNECTION WITH A THIRD PARTY, INCLUDING WITHOUT LIMITATION ADVERTISERS, PARTNERS, OTHER USERS OF THE SERVICE AND PARTIES WHO OFFER SERVICES THROUGH THE SERVICE.
YOU ACKNOWLEDGE THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THE SERVICE. BLINGCALL ASSUMES NO LIABILITY FOR YOUR USE OF THE SERVICE, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION THE DOWNLOADING OF THE SOFTWARE ON YOUR DEVICE AND THE UPLOADING, SHARING AND USE OF CONTENT, IS AT YOUR OWN RISK.
BLINGCALL WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES TO YOU OR TO ANY THIRD PARTY, IN CONNECTION WITH OR RESULTING FROM ANY CAUSE WHATSOEVER.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL BLINGCALL BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THESE TERMS OR THE SERVICE, RESULTING OR ARISING FROM LOSS OR RECOVERY OF DATA, GOODWILL, THE VALIDITY OR CORRECTNESS OF ANY CONTENT OR OTHER INFORMATION (INCLUDING COLLECTED INFORMATION) STORED, PROCESSED OR TRANSMITTED VIA THE SERVICE, LOSS OF USE OR LOSS OF REVENUE OR PROFIT, OR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) OR OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF BLINGCALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE.
YOU HEREBY ACKNOWLEDGE AND WARRANT THAT YOUR USE OF ANY INFORMATION OBTAINED IN CONNECTION WITH YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL AND CEASE YOUR USE OF THE SERVICE.
NOTWITHSTANDING THE ABOVE, IF BLINGCALL IS FOUND TO BE LIABLE BY A FINAL JUDICIAL RULING, BLINGCALL’S TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY SHALL BE LIMITED TO THE SUMS ACTUALLY PAID BY YOU TO BLINGCALL (IF ANY) FOR THE SERVICE FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST CLAIM FOR LIABILITY.
You agree to defend, indemnify and hold harmless BlingCall, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Service, (ii) your violation of any term of these Terms, (iii) your violation of any third party right, including without limitation any Intellectual Property, property, publicity, confidentiality and/or privacy right, and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service.
Should you provide BlingCall with any suggestions or ideas (“Suggestions“) pertaining to the Service, including bug fixes or improvements, BlingCall will own all right, title and interest in and to the Suggestions and will be free to use the Suggestions for any purpose without any liability or payment to you. You hereby irrevocably assign all right, title and interest in and to Suggestions to BlingCall, and agree to provide BlingCall with reasonable assistance, at BlingCall’s cost, if such is required or desirable in order to document, perfect and maintain BlingCall’s rights in and to the Suggestions.
The Terms shall be construed and governed in accordance with the laws of the State of Israel, regardless of its conflict of laws rules. The competent courts of Tel Aviv, Israel, shall have sole and exclusive jurisdiction over any dispute under the Terms or otherwise related to the Service.
The Terms represent the complete agreement concerning the license granted and the subject matter herein. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of either party to enforce at any time any of the provisions of the Terms will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each such provision thereafter. The express waiver by either party of any provision of the Terms will not constitute a waiver of any future obligation to comply with such provision. BlingCall may assign its rights and obligations under the Terms to any third party at its sole discretion. You may not transfer or assign your rights and obligations under the Terms without the prior written consent of BlingCall.
BlingCall reserves the right to update these Terms from time to time. In our sole discretion we may post updates.
Updates to these Terms are effective as of the “Last Updated” date, and your continued use of the Service on or after the Last Update date will constitute acceptance of, and agreement to be bound by those changes.
