Last modified: December 19, 2017
This Terms of Service applies to the services enabled by the websites and apps provided by UXAP SYSTEMS INC. (“Company”) or the services enabled by these websites and apps (our “Services”). By using our Services, you are agreeing to these terms. Please read them carefully and thoroughly. These terms may get modified from time to time without prior notification. These terms also supersede other terms of service by the Company if conflicts between them should arise.
Our Services are available for individuals aged 18 or older. By activating our Services and accepting these terms, you represent that you are not under the age of 18.
Our Services may be offered on a free or subscription basis and are independent of your wireless service provider. Charges incurred by your wireless service provider such as making and forwarding calls from your device over their network (such as air time usage or usage fees) are your responsibility at all times, regardless if our Services are available or unavailable. Please study and review each type of our Services in the website carefully to understand what we provide and what you will have to pay to your wireless service provider when using our Services.
You must follow all the policies made available to you within the Services.
You should not misuse our Services. You should only access our Services using our apps or our dedicated websites as offered and in accordance with the instructions provided. You should not engage in any activity in our Services to try to break into our software or system, reverse engineer our software or interfere with our service operations. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or cancel our Services to you if you do not comply with any of our policies or terms. We may investigate suspected misconduct solely at our discretion.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
In using our Services, you may communicate with others using phone calls, text messaging or similar means supported within our Services. In doing so, you agree not to engage in actions or activities that are unlawful or harmful to others or public safety, and you also agree to do so in manners in compliance with the laws in the jurisdictions where you are calling (or texting) from and calling (or texting) to. If the services involve recording of the conversation, you agree to be SOLELY RESPONSIBLE to determine what is permitted and/or required under your local laws, and if the local law so requires, you may have to inform the other party of such recordings.
We reserve the rights to terminate or discontinue your use of our Services without notice if we find in our sole discretion that your use incurs an excessive, or unreasonable or abusive amount of traffic, or you have committed illegal acts or unacceptable behaviors in using our Services. Examples of unacceptable behaviors include (but not limited to):
In response to complaints or authorized investigations by law enforcement agencies, we reserve the rights to examine your correspondences and contents and share them with the proper authorities in accordance with the applicable laws.
In connection with your use of our Services, we may send you service announcements, administrative notices and related information. You may opt out of some of these communications.
In order to use our Services, you need to register for an account. Account registration may be as simple as giving us your phone number without any other information in some cases, and may involve adding other additional information in other cases. In all cases, you are solely responsible for maintaining the confidentiality of your account and the safeguard of usage and access to your phone. YOU AGREE TO PAY FOR OUR SERVICES INCURRED ON YOUR ACCOUNT OR PHONE WHETHER OR NOT YOU AUTHORIZE SUCH USE. In the event of your account or phone getting hacked or stolen, it is your responsibility to notify us immediately so that we can suspend the service, but you remain responsible for all charges on your account until your notify us.
In the event that the account registration only involves the mobile phone number as the only required information, we recognize the owner of that phone number as the sole account holder.
Our Services are provided on a free (limited in functionality) or prepaid basis (upgrade to a subscription plan). The rates are clearly listed in the app or website, and subscriptions are made in the app through the App Store (Apple) or Google Play Store, or by credit card. All subscriptions are deemed to be prepaid and final with NO REFUND. These subscription plans are generally offered with automatic renewals in the app stores according to their guidelines and you can cancel your subscription at any time via your Apple or Google account, but each renewal payment is final with no refund. We also do NOT provide credit transfer between different accounts. Please choose your plan carefully as each payment is final.
Within a subscription plan, we often provide a certain number of free talk time minutes. These free talk time minutes expire at each subscription period, and these minutes, if unused, do not carry over to the next subscription period. Also, this “talk time” typically applies to all minutes consumed in our server for actual conversations or voicemail recordings.
If we offer any one-time purchase options according to the guidelines of the app stores, these purchases are also final with no refund after payment
We often offer multiple plans for you to choose. But only one plan can be active at a time. When switching to a new plan, all unused credits (minutes or dollar amounts) in the original plan are forfeited and are not transferrable or refundable. Please review the different charges in different plans carefully. All plans are terminated if an account is closed.
Your account balance can be viewed and accessed privately in the app. We do not provide invoices or billing to you directly.
All paid plans or subscriptions are provided on a prepaid basis, and each payment is final. We do not provide refunds for early cancellation, and please choose the plan carefully.
Our Services may involve providing talk time and voicemail messages through our server, and as such specific service modes and usage limits are applied within each subscription period for each user to ensure an overall optimal user experience for everyone. The service modes are as follows:
Normal Mode: This is the mode of operation when our app is activated to perform all its intended functions typically involving talking, messaging, voicemail, call screening and similar features. Usage is typically counted for Talk Time, Messages or Voicemail, and each account is typically credited with some usage amounts upon payment for a subscription period. All the intended functions are provided in the period as long as the credit balance remains positive. If the credits are all used up, the app may cease to perform its function, or may switch to a so-called Usage Saver Mode, depending on the usage description of a particular app.
Usage Saver Mode: In this mode, the original functions of the app may get modified and reduced to conserve server consumption, or may cease to work entirely. Please review the usage description of each app if this is applicable.
In a subscription plan, we often specify an allowed usage amount given for a subscription period such as Talk Time minutes or Voicemail minutes. Unused minutes in each period generally expire at the end of the period unless it is explicitly stated in the terms of subscription that Carryover is allowed. If such Carryover is allowed, unless otherwise stated, it is subject to a lifetime maximum (cap) of 3,000 minutes (for usage such as Talk Time, Voicemail or similar functions). Once a subscription is terminated, all unused credits and Carryover are forfeited.
As part of our Services, we may offer various features whereby you can choose to submit your own content (text, audio, photo, video or document). If you do so, you agree that your submitted contents conform to the guidelines and principles described earlier under Use of Our Services. You also agree that your submitted contents do not violate the copyright of others. We reserve the right to review, investigate and make sole determination if your submitted contents violate the aforementioned guidelines. We also reserve the right not to publish or share your submitted contents solely at our discretion.
For your submitted contents, text, audio recordings, photos or videos, you retain intellectual property ownership. But you agree to give Company (and our working affiliates) a worldwide license to store, back up, distribute and use these contents in accordance with the purpose of our Services. The rights you grant in this license are for the limited purpose of operating, promoting, marketing and improving our Services. This license continues even if you stop using our Services or close your account.
Our Services require downloadable software into your device. This software may update periodically as new versions or features become available. Update notifications will be sent to your device automatically.
Company gives you a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the software provided to you. This license is solely for the purpose of enabling you to use our Services, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services and included software, nor may you reverse engineer or attempt to extract the source code of that software.
In using our Services, you agree to allow us to collect information in commonly known as analytics. Such information collected generally pertains to how our Services are being used statistically and generally is done in aggregate form. The data collected do not associate any personal information to the information collected. It is done primarily for the understanding of how our Services are being used and how they can be improved. For example, we may collect statistics to measure the popularity of a feature among users.
Our Services are constantly changing and improving. We may add, modify or remove any functionality or feature within our Services, and we may even stop our Services completely.
We also reserve the right at our sole discretion to terminate this Agreement and your access to our Services if any fraud or illegal activity is suspected.
Our Services are provided based on a reasonable level of commercial skill and care, and we also believe that our Services will become valuable to you. However, the following disclaimers are important for you to read and understand.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, COMPANY MAKES NO SPECIFIC PROMISE ABOUT THE SERVICES. WE MAKE NO COMMITMENT ABOUT THE CONTENT OF OUR SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR AVAIALABILITY, RELIABILITY, OR ABILITY TO MEET YOUR NEEDS. OUR SERVICES ARE STRICTLY OFFERED “AS IS”.
WE MAKE NO COMMITMENT OR GURANTEE ABOUT THE PERFORMANCE OF OUR SERVICES, OR THEIR BEHAVIOR, OR THEIR MISBEHAVIOR DUE TO KNOWN OR UNKNOWN BUGS, OR THEIR IMPACT UPON YOUR ACTIVITIES. OUR SERVICES ARE NOT INTENDED FOR USE IN CRITICAL OR EMERGENCY RESPONSE SITUATIONS.
WE DO NOT PROVIDE REFUNDS EVEN IF OUR SERVICES CANNOT BE ACCESSED FOR WHATEVER REASON INCLUDING BUT NOT LIMITED TO NETWORK OR EQUIPMENT DOWNTIME.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES ABOUT OUR SERVICES.
WHEN PERMITTED BY LAW, COMPANY WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE USE OF THE SERVICES.
IN ALL CASES, COMPANY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
We may modify these terms or add new terms applicable to our Services at any time. Modification dates are explicitly posted on this page, and changes become effective immediately upon the posting of the modifications.
If it turns out that a particular term is not enforceable, it will not affect any other terms.
The laws of Delaware, U.S.A., will apply to any disputes related to these terms or the Services. All claims arising out of or relating to these terms or Services will be litigated exclusively in the courts of Delaware, U.S.A., and you and COMPANY consent to personal jurisdiction in those courts.
For complaints or violations of the Terms of Service, please email us at: firstname.lastname@example.org. For support questions regarding a specific product, please email the support address indicated on that product website. (PhoneNotes Call Recorder – email@example.com. Akita Call Blocker – firstname.lastname@example.org.)