Effective: August 17, 2013
Last updated: August 17, 2013
Mathrawk, LLC ("Mathrawk") is a limited liability company organized under the laws of the State of Wyoming, U.S.A., with a usual place of business located in the Kanagawa Prefecture, Japan.
Please read these Terms carefully. They discuss the rules you agree to follow in connection with your access to or use of the Mobile App.
BY ACCESSING OR USING THE MOBILE APP, YOU: (1) AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT; (2) REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY, RIGHT, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT; AND (3) REPRESENT AND WARRANT THAT YOU WILL NOT ACCESS OR USE THE MOBILE APP WITH THE INTENT TO DEFRAUD, CAUSE HARM, OR WRONGFULLY OBTAIN ANYTHING OF VALUE, NOR ACCESS OR OR USE THE MOBILE APP IN WAYS THAT ARE UNLAWFUL IN ANY JURISDICTION FROM WHICH YOU ARE CALLING OR TO WHICH YOU ARE CALLING, INCLUDING WITHOUT LIMITATION ACCESS OR USE IN VIOLATION OF THE UNITED STATES TRUTH IN CALLER ID ACT, 47 U.S.C. § 227(E), THE UNITED STATES TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227 ET SEQ., THE UNITED STATES TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION ACT, 15 U.S.C. § 6101 ET SEQ., THE UNITED STATES FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ., AND ALL APPLICABLE UNITED STATES FEDERAL COMMUNICATIONS COMMISSION AND FEDERAL TRADE COMMISSION REGULATIONS.
YOUR ACCESS TO AND USE OF THE MOBILE APP CONSTITUTES YOUR AGREEMENT TO ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND/OR YOU DO NOT MAKE THE ABOVE REPRESENTATIONS AND WARRANTIES REGARDING YOUR ACCESS TO OR USE OF THE MOBILE APP, THEN YOU HAVE NO LICENSE TO ACCESS OR USE, AND MUST IMMEDIATELY CEASE, ANY ACCESS TO OR USE OF THE MOBILE APP.
In an effort to make this document more readable, we use some shorthand definitions as follows:
- "Mathrawk", "we", "us", and "our" means Mathrawk, LLC, which makes the Mobile App available for your smartphone or tablet.
- "You" means you, a user of the Mobile App, whether you are a person or entity, and whether you are using the Mobile App for yourself or on behalf of your employer.
- "User" means any user of the Mobile App, whether a person or entity.
- "Account" means the account opened by you with us in acceptance of these Terms.
- "Legitimate Purposes" means non-harmful, legitimate reasons to access and use Caller ID "spoofing" services recognized by United States and international law, including but not limited to entertainment, privacy shielding, and other non-harmful purposes.
- "Personally Identifiable Information" means information—such as a person’s name, address, telephone number, email address, or social security number—that can be used to uniquely identify an individual person.
If you have not attained the age of majority in your jurisdiction, you may access or use the Mobile App only if:
- you are at least 13 years old and possess parental or legal guardian consent or are an emancipated minor; and
- you are fully and legally competent and able to enter into, abide by, and comply with these Terms, and in fact agree to enter into, abide by, and comply with these Terms.
Additionally, regardless of your age, you may access or use the Mobile App only if:
- you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country;
- you are not listed on any United States government list of prohibited or restricted parties; and
- you are fully and legally competent and able to enter into, abide by, and comply with these Terms, and in fact agree to enter into, abide by, and comply with these Terms
3. Permitted Use
Subject to these Terms, we grant you an individual, non-exclusive, non-transferable license to:
- download, access, and use one (1) copy of the Mobile App in connection with, and solely for the purpose of, causing your outgoing phone calls to display a different Caller ID name and/or number to call recipients for Legitimate Purposes and without any intent or purpose to defraud, cause harm, or wrongfully obtain anything of value.
The foregoing limited license is referred to herein as the "Permitted Use." The provision of the Mobile App for the Permitted Use does not make either party an agent or a partner of the other party.
4. Account Registration
Account registration is required to use or purchase calling minutes. If you choose to register an Account, you will be asked to provide certain information about yourself, including your name and email address. If you decide to purchase calling minutes, you will also be asked to provide credit or debit card information. Some requested information is required for Account registration. You may not register an Account unless you submit all required information.
By registering an Account with us, you represent and warrant that:
- you are eligible to access or use the Mobile App as defined above;
- all registration information you submit is truthful and accurate to the best of your knowledge; and
- you will reasonably maintain the accuracy of such information.
You agree to create only one (1) Account in connection with your access to or use of the Mobile App. If we determine, at our sole discretion, that you have attempted to create or have created multiple Accounts, we reserve the right to block you from creating further Accounts, suspend any or all Accounts you hold, terminate any or all Accounts you hold, and/or immediately terminate these Terms, with or without notice.
Your license to access and use the Mobile App for the Permitted Use is subject to the following additional restrictions:
- you agree not to use the Mobile App, and you agree not to direct or permit others to use the Mobile App, to transmit or attempt to transmit content that (a) infringes the intellectual property or other proprietary rights of any party; (b) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, excessively violent, or hate speech; (c) contains software viruses or any other computer code, files, or programs designed to interrupt, disrupt, or destroy any computer software, hardware, or telecommunications equipment; (d) constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," or "spam"; (e) violates any contractual or fiduciary duties held by you; or (f) in the sole judgment of Mathrawk, is objectionable or which restricts or inhibits any other User from accessing, using, or enjoying the Mobile App, or which actually or potentially exposes Mathrawk, its business partners, or Users to harm or liability of any type;
- you agree not to use the Mobile App, and you agree not to direct or permit others to use the Mobile App, (a) in violation of any applicable local, state, national, or international law, or any regulations having the force of law, or in furtherance of any criminal activity, enterprise, or conspiracy; (b) to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (c) to solicit personal information from anyone under the age of 18; (d) to place "911" or other emergency calls; (e) to place telemarketing or debt collection calls; (f) from a smartphone, tablet, or other device to which you do not have rightful access, control, and/or ownership; (g) to wrongfully or unfairly influence the outcome of surveys, polls, contests, or sweepstakes administered by third parties; or (h) in a manner that materially impairs our ability to provide the Mobile App to other Users, including without limitation any impairment caused by excessive use of the Mobile App by you;
- except to the extent otherwise allowed by these Terms, you agree not to, and you agree not direct or permit others to, copy, reproduce, republish, redisplay, post, or transmit the Mobile App, in whole or in part, in any form or by any means;
- you agree not to, and you agree not to direct or permit others to, access or use, nor attempt to access or use, the Mobile App by means other than the interfaces provided or sanctioned by us;
- you agree not to, and you agree not to direct or permit others to, disassemble, make derivative works of, reverse compile, or reverse engineer the Mobile App, in whole or in part;
- you agree not to, and you agree not to direct or permit others to, access or use the Mobile App for the purposes of building a similar or competing service;
- you agree not to, and you agree not to direct or permit others to, license, sublicense, assign, transfer, sell, lease, rent or otherwise commercially exploit the Mobile App, in whole or in part;
- you agree not to, and you agree not to direct or permit others to, create, upload, transmit, or distribute any software intended to damage the Mobile App;
- you agree not to, and you agree not to direct or permit others to, disrupt, interfere with, or attempt to gain unauthorized access to, disrupt, or interfere with the Mobile App, or the servers or networks connected thereto; and
- you agree not to, and you agree not to direct or permit others to, remove, obscure or otherwise alter any proprietary rights notices, including copyright or trademark notices, that are used or displayed in connection with the Mobile App.
You are solely responsible for calls you place through the Mobile App and you agree not to direct or permit any third party to access or use your Account or place calls through the Mobile App. We reserve the right, at our sole discretion, to review and monitor usage of, investigate, take legal action against, report to authorities, and/or suspend or terminate the Account of any User at any time, with or without prior notice.
6. "911" or Other Emergency Calls Unavailable
Mathrawk does not offer "911" or other emergency calling in connection with the Mobile App. You acknowledge and agree that the Mobile App is not a substitute for traditional telephone services designed to support "911" or other emergency calling, and that you will not rely on the Mobile App for "911" or other emergency calling capability. You further acknowledge and agree that when employing the Mobile App for the Permitted Use, you will at all times have available additional mobile or landline phone services that support "911" or other emergency calling.
7. Recording Calls
The Mobile App may provide means of recording phone calls. You are solely responsible for complying with all laws and regulations related to recording phone calls that may be applicable to any call you place via the Mobile App. Particularly, you acknowledge that it is unlawful in some jurisdictions to record phone conversations without informing all parties to the call that the call is being recorded. You agree to inform yourself regarding the laws that may applicable to the calls you place and/or record via the Mobile App, and to comply with all such laws whenever applicable.
8. General Service Limits
You acknowledge and agree that Mathrawk may establish general limits applicable to the Mobile App ("General Service Limits"), including without limitation restrictions on the names and numbers that you can choose to show as your Caller ID, and the maximum server storage space allocated to each User. We are not responsible for, and shall not be held liable for, any unavailability of the Mobile App or any particular Caller ID name or number, or the deletion of data or failure to store data, due to General Service Limits.
You acknowledge and agree that the Mobile App is provided to you at minute package and subscription fee rates set forth in the Mobile App. After you have used up any free trial minutes or earned minutes available to you, you must purchase minute packages or a subscription in order to place additional calls. You agree to pay for minute packages and subscriptions at the fee rates set forth in the Mobile App. Purchased calling minutes and subscriptions may not be transferred to third parties. Minute usage is measured in whole minutes; any fraction of a minute you use is rounded up to the next whole minute. For example, a call you place via the Mobile App that lasts 20 seconds will use 1 minute of your minute package, and a call that lasts 1 minute and 15 seconds will use 2 minutes of your minute package.
Monthly subscriptions are made available for normal, individual use only. Usage of more than 1000 calling minutes in any given calendar month is considered abnormal usage ("Abnormal Usage"). You acknowledge and agree that in the event you purchase a monthly subscription and engage in Abnormal Usage, then we may limit further usage by you and require that you purchase minute packages in order to make additional calls during any calendar month in which you have engaged in Abnormal Usage.
In the event you dispute minute usage charged to your Account, you agree to notify us by email within 14 calendar days of the date of the disputed usage. To the extent we determine, at our sole discretion, that a minute usage adjustment is warranted, your Account will be credited accordingly.
You acknowledge and agree that you are responsible for paying all charges and fees, including but not limited to any local, long distance, toll-free, roaming, and/or directory assistance charges made by your phone service carrier ("Carrier"), and all taxes and surcharges imposed on either you or us, as a result of your use of the Mobile App.
10. Caller ID Name and Number Availability
We do not guarantee that any specific name or number you choose to show as your Caller ID will be available or remain available. We reserve the right, at any time, and at our sole discretion, to make any name or number unavailable to show as your Caller ID, with or without prior notice to you. You agree that we are not responsible for reimbursement of any expenses you may incur as a result of the unavailability of any Caller ID name or number, including but not limited to any business card, stationary, event booking, press release, or advertisement expenses. We disclaim any and all liability, and you agree that we shall not be held liable for, any losses or damages, including without limitation consequential or special damages, allegedly resulting from the unavailability of any particular Caller ID name or number.
11. No Storage Obligations
The provision of the Mobile App for the Permitted Use does not obligate us to store your calls, voicemails, recorded calls, or other content or information transmitted through the Mobile App. We disclaim any and all liability, and you agree that we shall not be held liable for, any losses or damages, including without limitation consequential or special damages, allegedly resulting from the failure to store, or the deletion of, any calls, voicemails, recorded calls, or other content or information transmitted through the Mobile App.
12. Modification of Mobile App and Fees
We reserve the right, at our sole discretion, to modify, suspend, alter fee rates, or discontinue the Mobile App, or any part thereof, including without limitation any General Service Limits applicable to you, at any time, with or without notice to you. You acknowledge and agree that we will not be liable to you or to any third party for any expenses or damages, including without limitation consequential or special damages, allegedly resulting from suspension, modification, altered fee rates, or discontinuance of the Mobile App, or any part thereof. You further acknowledge and agree that in the event we discontinue the Mobile App, you will not be entitled to any refund for any unused calling minutes.
13. Account Security
We employ industry-standard practices to protect the integrity and security of your Account. However, we cannot guarantee that unauthorized third parties will not be able to defeat our security practices and access your Account or personal information. You acknowledge and agree that you access and use the Mobile App, and provide your personal information, at your own risk.
You agree to promptly notify us concerning any unauthorized use, breach of security, or suspected unauthorized use or breach of your Account. You agree to keep your Account login information confidential. We disclaim any and all liability, and you agree that we shall not be held liable for, any losses or damages, including without limitation consequential or special damages, allegedly resulting from your failure to comply with the foregoing requirements or any other provision of these Terms.
14. Mobile App Device Transfer
In the event you transfer a smartphone, tablet, or other device on which you access the Mobile App to a new owner, your license to access and use the Mobile App in connection with the transferred device automatically terminates. If the new owner wishes to purchase calling minute packages or subscriptions, he or she must promptly register for a separate Account with us and must agree to these Terms as a condition to his or her access to or use of the Mobile App in connection with the transferred Device. The new owner has no license to access or use the Mobile App under your Account, and you agree not to direct or permit the new owner to access or use the Mobile App under your Account.
15. Software Updates
We may from time to time develop patches, bug fixes, updates, and upgrades to improve the performance of the Mobile App ("Software Updates"). You acknowledge and agree that you may be required to install Software Updates, and that Software Updates may be automatically installed on your behalf, in order to continue accessing or using the Mobile App. If you do not want required Software Updates, your sole remedy is to stop using the Mobile App.
16. Intellectual Property
You acknowledge and agree that all intellectual property used or displayed in the Mobile App, including without limitation any copyrights, patents, trademarks, logos, service marks, and trade secrets (collectively, the "Intellectual Property"), is owned by Mathrawk or its licensors. The provision of the Mobile App for the Permitted Use does not transfer to you or to any third party any right, title, or interest in the Intellectual Property. Mathrawk and its licensors reserve all rights in their respective Intellectual Property. You are not permitted to use any trademarks, logos, or service marks displayed or used in the Mobile App without the prior written consent of each respective rights holder.
17. Idea Submissions
You may choose to submit, or we may invite you to submit, comments, suggestions, designs, or ideas about existing or potential Mathrawk products or services (collectively, "Idea Submissions"). You agree that regardless of any representations you make at the time of disclosure or at any time thereafter, any Idea Submissions you make are voluntary, gratuitous, without restriction, and will not place us under any fiduciary or other obligation. You further agree that we are free to disclose your Idea Submissions and use your Idea Submissions without any obligation to compensate you.
18. Third Party App Store Providers
You acknowledge and agree that the availability and usability of the Mobile App may be dependent on certain third party service providers that operate platforms from which you download and operate the Mobile App, including without limitation Google Play from Google, Inc. and the App Store from Apple, Inc. (collectively, "App Store Providers"). You acknowledge and agree that these Terms are between you and Mathrawk and not with any App Store Provider. App Store Providers may have their own terms and conditions to which you must agree before downloading or using mobile applications, including the Mobile App. You agree to comply with, and your license to access or use the Mobile App is conditioned upon your compliance with, any applicable App Store Provider terms and conditions. To the extent App Store Provider terms and conditions are less restrictive than or otherwise conflict with these Terms, the conflicting provisions in these Terms apply with respect to your access to and use of the Mobile App.
19. Carrier and Other Third Party Providers and Equipment
20. Third Party Websites
The Mobile App may contain links to third party websites or apps ("Third Party Websites"). Third Party Websites are not under our control. We provide these links as a convenience and do not monitor, review, approve, endorse, warrant, or make any other representations with respect to Third Party Websites.
21. WARRANTY DISCLAIMERS; MOBILE APP AVAILABLE "AS IS"
YOUR ACCESS TO AND USE OF THE MOBILE APP IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE MOBILE APP IS PROVIDED TO YOU ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. MATHRAWK AND ITS LICENSORS AND SUPPLIERS DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES WITH RESPECT TO THE MOBILE APP, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
MATHRAWK AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE MOBILE APP, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE MOBILE APP: (1) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (2) WILL BE COMPATIBLE WITH YOUR SOFTWARE, SMARTPHONE, TABLET, MOBILE DEVICE, OR OTHER HARDWARE; (3) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (4) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) WILL BE ACCURATE OR RELIABLE. NO REPRESENTATION, ADVICE, OR INFORMATION OBTAINED BY YOU FROM MATHRAWK OR THOUGH THE MOBILE APP WILL CREATE ANY WARRANTY WITH RESPECT TO THE MOBILE APP.
22. RELEASE FROM LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE MATHRAWK, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, CONSULTANTS, SUPPLIERS, AND DISTRIBUTORS FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, ACTUAL AND CONSEQUENTIAL, KNOWN AND UNKNOWN, PAST AND FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FOLLOWING:
- THIRD PARTY CONDUCT, INCLUDING WITHOUT LIMITATION THE CONDUCT OF USERS, APP STORE PROVIDERS, THIRD PARTY WEBSITE OWNERS, CARRIERS, ISPs, EQUIPMENT PROVIDERS, AND OTHER THIRD PARTY PROVIDERS;
- DISPUTES BETWEEN YOU AND OTHER USERS;
- DISPUTES CONCERNING ANY USE OF OR ACTION TAKEN USING YOUR ACCOUNT OR THE MOBILE APP BY YOU OR A THIRD PARTY;
- CLAIMS RELATING TO THE UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF THE MOBILE APP, YOUR ACCOUNT, OR ANY DATA STORED UNDER OR RELATING TO YOUR ACCOUNT; AND
- CLAIMS RELATED TO YOUR OR ANY THIRD PARTY’S PLACEMENT OF, OR ATTEMPT TO PLACE, VIA THE MOBILE APP, (A) CALLS WITH THE INTENT TO DEFRAUD, CAUSE HARM, OR WRONGFULLY OBTAIN ANYTHING OF VALUE; (B) TELEMARKETING CALLS, (C) DEBT COLLECTION CALLS; OR (D) "911" OR OTHER EMERGENCY CALLS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542") IN CONNECTION WITH THE FOREGOING RELEASE.
SECTION 1542 STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
23. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MATHRAWK, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, CONSULTANTS, SUPPLIERS, AND DISTRIBUTORS SHALL NOT BE LIABLE FOR: (1) ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (2) LOSS OF PROFITS, DATA, REVENUE, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (3) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE MOBILE APP; AND/OR (4) DAMAGES RELATING TO ANY CONDUCT OF ANY THIRD PARTY USING THE MOBILE APP, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCOUNT ACCESS OR OTHER ILLEGAL CONDUCT. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MATHRAWK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF MATHRAWK AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, CONSULTANTS, SUPPLIERS, AND DISTRIBUTORS FOR ANY CLAIM ARISING FROM OR RELATED TO THE MOBILE APP SHALL IN NO EVENT EXCEED THE FEES ACTUALLY PAID BY YOU TO MATHRAWK OR MATHRAWK’S AUTHORIZED RESELLER FOR CALLING MINUTES PACKAGES OR SUBSCRIPTIONS IN THE 6 MONTHS IMMEDIATELY PRIOR TO ACCRUAL OF THE APPLICABLE CLAIM. THIS LIMITATION IS CUMULATIVE AND IS NOT INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. MATHRAWK DISCLAIMS ALL LIABILITY OF ANY KIND WITH RESPECT TO MATHRAWK’S LICENSORS AND SUPPLIERS.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MATHRAWK, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND LICENSORS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND ASSIGNS (COLLECTIVELY, THE "INDEMNIFICATION PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, SUITS, AND ACTIONS, INCLUDING ANY RELATED LIABILITIES, DAMAGES, OBLIGATIONS, PENALTIES, FINES, LOSSES, JUDGMENTS, SETTLEMENTS, EXPENSES, INCLUDING ATTORNEYS’ AND ACCOUNTANTS’ FEES AND DISBURSEMENTS, AND COSTS INCURRED BY, BORNE BY, OR ASSERTED AGAINST THE INDEMNIFICATION PARTIES TO THE EXTENT SUCH CLAIMS IN ANY WAY ARISE OUT OF OR RESULT FROM YOUR ACCESS TO OR USE OF, OR YOUR ABILITY OR INABILITY TO ACCESS OR USE, THE MOBILE APP, OR YOUR VIOLATION OF THESE TERMS.
WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY AN INDEMNIED PARTY AND YOU AGREE TO COOPERATE WITH THE DEFENSE OF SUCH CLAIMS. YOU FURTHER AGREE THAT YOU WILL NOT TO SETTLE ANY SUCH CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
25. Governing Law
These Terms are made under, and any and all claims or disputes related to or arising from these Terms or your access to or use of the Mobile App shall be governed and enforced in accordance with, the laws of the State of Wyoming, U.S.A., without giving effect to any conflict of laws principles that would cause the laws of another jurisdiction to be applied. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or your access to or use of the Mobile App.
26. Binding Arbitration
Except for claims relating to our Intellectual Property, which may be brought in any court of competent jurisdiction without the posting of a bond, you acknowledge and agree that any claim or dispute related to or arising from these Terms or your access to or use of the Mobile App shall be finally settled on an individual basis through binding arbitration conducted by the Judicial Arbitration and Mediation Service, Inc. ("JAMS") at a location mutually agreed upon by the parties, or, in the event the parties are unable to agree on a location for the arbitration, at a location chosen by JAMS. You acknowledge and agree that the arbitration shall be conducted in accordance with, as applicable, either the JAMS Streamlined Arbitration Rules & Procedures or the JAMS Comprehensive Arbitration Rules & Procedures and shall, at our exclusive choice and discretion, be conducted in person, telephonically, online, or solely based on written submissions. The procedure for initiating an arbitration claim with JAMS is explained at www.jamsadr.com. The arbitration shall be conducted in the English language and the arbitral decision shall be enforceable in any court of competent jurisdiction. Unless both you and Mathrawk agree otherwise, the arbitrator shall not consolidate more than one person’s claims, and shall not otherwise preside over any form of a representative or class proceeding. You acknowledge and agree that, by entering into these Terms, both you and Mathrawk are each waiving the right to a trial by jury, appeal, and to participate in a class action. The United States Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. In the event either the foregoing class action waiver or this arbitration provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void and you agree to submit to the personal jurisdiction of the summary courts of the Kanagawa Prefecture, Japan for the purpose of litigating any and all claims or disputes related to or arising from these Terms or your access to or use of the Mobile App.
Notwithstanding the foregoing, you or Mathrawk may bring claims or disputes related to or arising from these Terms or your access to or use of the Mobile App on an individual basis in the summary courts of the Kanagawa Prefecture, Japan to the extent said claims or disputes are subject to the small claims limitations and procedures of such courts. This arbitration provision shall survive termination of these Terms.
27. Term and Termination
These Terms remain in effect so long as you continue to access or use the Mobile App, or until terminated in accordance with these Terms. If we believe in good faith that you have violated or will violate these Terms, we may, at our sole discretion, with or without notice, (1) immediately suspend or terminate your license to access or use the Mobile App; (2) immediately deactivate, make unavailable, and/or delete your Account and any or all information associated with your Account; (3) immediately terminate these Terms; and/or (4) bar you from any future access to or use of the Mobile App. Any unused calling minutes are non-refundable upon termination.
28. Additional Guidelines
Some features of the Mobile App may be subject to additional guidelines, terms, conditions, or rules (collectively, "Additional Guidelines"). Additional Guidelines, if any, will be communicated to you through the Mobile App in connection with such features. All such Additional Guidelines are incorporated by reference into these Terms.
30. Legal Requirements
Your Account information, including Personally Identifiable Information, may be subject to legal requirements, including requirements to disclose Account information to government authorities. We will disclose this information to law enforcement, or to comply with other legal requests, only when provided with facially sufficient and proper legal process.
We may also disclose your Account information, including Personally Identifiable Information, if we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, or investigate fraud or other crimes. In such instances, we will limit disclosure to that information which is necessary to accomplish the above purposes.
These Terms shall not be assigned or otherwise transferred by you without our prior written consent. Any purported assignment or transfer of these Terms by you without our prior written consent is void and without effect. These Terms may be assigned by us without restriction and are binding upon any rightful assignee.
32. Open Source Software
Some items included in the Mobile App may communicate with separate open source software packages that are licensed separately under the GNU General Public License or other open source software licenses (collectively, "Open Source Software"). These Terms do not restrict your right to copy, modify, and distribute Open Source Software we use, subject to the terms of the license applicable to the Open Source Software. When required by applicable licenses, we make Open Source Software and our modifications to it available to you upon written request to the mailing address listed below.
You acknowledge and agree that we may provide any required legal notices to you, at our sole discretion, via postal mail, email, or by posting of such notice to the Mobile App. You agree to notify us about any claim or dispute you have regarding the Mobile App or these Terms by emailing us at [email protected] or by phone at 314.403.7295.
34. Non-U.S. Users
In the event you access or use the Mobile App from a location outside the United States or place calls to a location outside the United States, you acknowledge and agree that you are responsible for informing yourself regarding, and complying with, any and all laws, regulations, or registration requirements applicable in jurisdictions from which you are calling or to which you are calling that may impact your right to import, export, access, and/or use the Mobile App. Information transmitted through the Mobile App is stored and processed on servers located in the United States and is subject to United States data protection, privacy regulations, and other laws that may be different than those of other countries. By registering an Account or accessing or using the Mobile App from a location outside the United States, you are consenting to transfer and processing of your personal information in the United States subject to United States law.
35. California Residents
If you are a California resident, you may report complaints to the Department of Consumer Affairs, Consumer Information Division by writing to them at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
36. Entire Agreement and Severability
These Terms and any Additional Guidelines incorporated by reference herein constitute the entire agreement regarding the Mobile App between you and Mathrawk. Except to the extent otherwise stated herein, if any provision of these Terms is held in whole or in part to be unenforceable for any reason, the remainder of said provision and all remaining provisions of these Terms are severable and remain in effect to the maximum extent permitted by applicable law.
37. Non-Waiver and Section Titles
Any failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect
If you have any questions or concerns regarding these Terms or the Services, please contact us at:
ATTN: Caller ID Faker
1923 Bragg St #140-1322
Sanford, NC 27330