USER AGREEMENT
# USER AGREEMENT
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY
BEFORE USING P&S ("PRODUCTS OR SERVICES OF S&K Technology").
BY DOWNLOADING, INSTALLING, OR USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY
ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT USE THE
PRODUCT AND SERVICE.
This user agreement is between you
("you"), as either an individual or as a business entity, and us
("S&K Technology"). Wifi Calling is not designed to the person
under 18 years old, who shall stop using Wifi Calling and its services and
shall delete all the files if it is already installed. In exchange for your use
of the Product and Service, you agree as follows:
I. About
You acknowledge that you have only a
non-exclusive and limited right to use the object code version of the product
on the personal or non-commercial purposes. You may make a single copy of the
product in object code form for archival or backup purposes. You shall include
all notices on all copies of the products. You may not reverse engineer, crack,
decompile or disassemble the product or attempt to gain access to the source
code for the product, except and only to the extent that it is expressly
permitted by applicable law, and, to the extent applicable law permits
contractual waiver of such right, you hereby waive your rights to do so.
You will not transfer or assign the product
or this UA (User Agreement) and/or any rights or obligations hereunder without
the prior written consent of Wifi Calling.
Your rights under this UA will automatically
terminate if you breach any of items under this UA. Upon violation of the
UA, Wifi Calling can, in our sole discretion, disable your account
for a while or permanently. Upon any termination of this UA, you will destroy
all copies of the product promptly.
All rights not expressly granted are reserved
by us.
II. Account
You shall register an account and submit the
required information for access to the product and service. You shall provide
your personal data to Wifi Calling and make sure that the data are
accurate and complete. You shall be responsible for safeguarding the password
or credentials that you use to access the product and service and for any
activities or actions under your account. We cannot and will not be liable for
any loss or damage arising from your failure to manager your account.
Wifi Calling reserves the right to
terminate a registered account if you are in violation of any or whole items of
this UA or conduct any infringement on third party right or you are in
violation of any applicable laws and regulations.
II. Service.
By using the product, you may call other
users for free. In exchange with free call, you should earn credits by
downloading recommended apps or watching advisements provided by Wifi
Calling or our business partner. You shall warrant and guarantee to comply
with the call feature guidelines stipulated by us.
You are prohibited from earning Wifi
Calling's credits unduly through any deceptive means, whether technological or
not, including but not limited to:(1) providing virtual number to Wifi
Calling for registration to earn credits; (2)using plug-ins or any other
similar program to simulate a click or request to the advertisement in order to
generate fraudulent credits.(3)tampering maliciously with the MCC(Mobile
Country Code) of you mobile device to trick the Wifi Calling server
for fraudulent credits, etc.
You may be charged for using some specified
feature as stated in our product. In the event that you do not want to use or
pay for such service, you shall not make any payment. Any payment from you for
the service will be deemed your consent to use the service and the charge.
For the purpose of payment, Wifi
Calling may provide you with the third payment services platform. When you
start the payment procedure, you will leave our product and for payment purpose
you may be required to provide your information to the third party service
platform, you acknowledge and agree that any activity on third party payment
platform shall not be liable by us and you shall be responsible for the
decision and activity on the third-party service platform.
IV. Infringement Indemnity;
Limited Warranty; Limitation of Liability
Neither Wifi Calling, nor its
affiliates, subsidiaries will have any liability for any claim based upon or
arising out of :(1) intentional or negligent acts of anyone other than us;
or(2) the combination, operation or use of the product with any equipment,
devices or software not supplied by Wifi Calling, or(3) the alteration or
modification of product.
Wifi Calling does not represent or
warrant that Wifi Calling will operate without interruption or will
be error free. Especially in the following cases: (1) modification or
alteration of the product made without the prior written approval of Wifi
Calling, and(2) accident, neglect, misuse or abuse, or (3) exposure to
conditions outside the range of the environmental, power and operating
specifications provided by Wifi Calling.
To the full extent permitted by applicable
laws or regulations, this section states the entire liability of Wifi
Calling, its affiliates, subsidiaries and your sole remedy with respect to any
claim of infringement.
Except as expressly set forth in this UA,
neither Wifi Calling, its affiliates， subsidiaries make any other warranties,
express or implied, including any implied warranties of merchantability and
fitness for a particular purpose. Wifi Calling, its affiliates,
subsidiaries expressly disclaim all warranties not stated in this UA. Any
implied warranties that may be imposed by law are limited to the terms
contained in this UA to the maximum extent permitted by law.
V. User Restrictions
You understand, agree that upon submitting or
posting you content on or through Wifi Calling and its service, such
content may be distributed, viewed and accessed and commented by
others. Wifi Calling will not be responsible for or hold liable for
any use of your content.
You hereby represent and warrant that you
legally have the rights, power or authority to your content and to grant the
rights as set forth in above. You also represent and warrant that your content
and your or any other's use of your content will not infringe, misappropriate
the third party intellectual property rights, rights of publicity or privacy,
or will not be in violation of any applicable law and regulation.
Any user and the user's content of Wifi
Calling and its service shall be prohibited from:
Sexually Explicit Material: Contents contain
pornography are prohibited; this includes sexually explicit or erotic content,
icons, titles, or descriptions.
Wifi Calling has a zero-tolerance policy
against child sexual abuse imagery. If we become aware of content with child
sexual abuse imagery, we will report it to the appropriate authorities and
delete the submitting Accounts.
Violence and Bullying: Depictions of
gratuitous violence are not allowed. User Content shall not contain materials
that threaten, harass or bully other users.
Hate Speech: User Content shall not advocate
against groups of people based on their race or ethnic origin, religion,
disability, gender, age, nationality, veteran status, sexual orientation, or
gender identity.
Sensitive Events: User Content which may be
deemed as capitalizing on or lacking reasonable sensitivity towards a natural
disaster, atrocity, conflict, death, or other tragic event are not allowed.
Any user of Wifi Calling shall not
use this product and its service in unlawful activities.
Infringement on third party's rights, including
copyright, trademark, privacy and publicity rights are prohibited.
We reserve the right from time to time to
remove and refuse to post, distribute any User Content on the Product at
XCall's sole discretion. We also are entitled to suspend or terminate the
account posting contents failure to be in compliance with this UA without any
liability.
We also reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental
request, (ii) enforce the terms, including investigation of potential
violations hereof, (iii) detect, prevent, or otherwise address fraud, security
or technical issues, (iv) respond to user support requests, or (v) protect the
rights, property or safety of Wifi Calling, its users and the public.
Notwithstanding the foregoing, Wifi Calling does not disclose
personally identifying information to third parties except in accordance with
our Privacy Policy.
VI. Comments and Copyright
Policy
You may post reviews, comments, and other
contents in Wifi Calling as long as such materials is/are not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, or any form of
"spam". Wifi Calling takes no responsibility and assumes no
liability for any content or comment posted by you or any third party but
reverses the right to remove the illegal contents or comments at all the time.
Copyright Policy. You should not
use Wifi Calling for infringement on the intellectual property rights
of others, (including without limitation to patent, trademark, trade secret,
copyright, and other proprietary rights), and if you, the copyright owner or an
authorized representative, believe that any content infringes on your
copyrights, you may submit a notification pursuant to the Digital Millennium Copyright
Act ("DMCA") by providing us with the information as follows:
A physical or electronic signature of a
person authorized to act on behalf of the owner or an agent of an exclusive
right that is allegedly infringed;
Identification of the copyright claimed to
have been infringed;
Identification of the material that is
claimed to be infringing, and where it is located in the product;
Information reasonably sufficient to permit
the service provider to contact you;
A statement that you have 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, made under penalty of perjury,
that the above information is accurate, and that you are the copyright owner or
are authorized to act on behalf of the owner.
We respect the intellectual property rights
of others and will respond to clear notices of alleged infringement. You
acknowledge that if you fail to comply with all of the requirements of this
section, your notice may not be valid.
VII. Miscellaneous Terms
and Conditions
This UA constitutes the entire agreement
between you and Wifi Calling with respect to the subject matter
hereof and supersedes all previous and contemporaneous written and oral
representations, proposals, negotiations and communications, including, without
limitation, the terms and conditions of any purchase order.
Wifi Calling may assign this UA or any
of the rights or obligations hereunder, and any causes of action arising
hereunder, to any third party without necessity or obligation of notice to you.
The waiver or failure of either party to exercise in any respect any right
provided for herein will not be deemed a waiver of any further right hereunder.
The invalidity or unenforceability of any provision of this UA will not affect
the validity or enforceability of any other provision, the remaining provisions
being deemed to continue in full force and effect.
Wifi Calling will not be responsible for
any failure to perform its obligations under this UA due to circumstances
beyond its reasonable control，
including without limitation acts of God, war, riot, terrorism, embargoes, acts
of civil or military authorities, fire, flood or accidents. You agree
that Wifi Calling will be entitled to all legal and equitable
remedies otherwise available to it to protect the intellectual property,
proprietary rights and Confidential Information of itself and its Licensors,
including, without limitation, the right to seek and obtain injunctive relief
and enforce the same against you without the necessity of having to post bond
or other such guarantee.
This UA will in all respects, be governed by
and construed and enforced in accordance with the laws of People's Republic Of
China (PRC) (without giving effect to any choice or conflict of laws). Any
dispute arising from or in connection with this UA or the product and service
shall be submitted to China International Economic and Trade Arbitration
Commission (CIETAC) for arbitration which shall be conducted in accordance with
the CIETAC's arbitration rules in effect at the time of applying for
arbitration. The arbitral award is final and binding upon both parties.
.
# Privacy Policy
What personal
information do we collect from the people that visit our blog, website or app?
I. Information We Collect
a. Personal Information.
We do not collect Personal Information.
"Personal Information" is information that identifies you or another
person, such as your first name and last name, physical addresses, email
addresses, telephone, fax, SSN, information stored within your device.
b. Non-personal Information.
We collect your non-personal information when
you visit our website, including your device information, operation system,
logs, which would not identify you.
c. Information you provide.
We may collect your information when you
communicate with us or you give us.
II. How We Use Information
We may use the information we collect from you when
you register, make a purchase, sign up for our newsletter, respond to a survey
or marketing communication, surf the website, or use certain another site
features in the following ways:
• To personalize your experience and to allow us to deliver
the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your
customer service requests.
• To administer a contest, promotion, survey or other site
feature.
a. Personal Information.
We do not store Personal Information and
therefore we do not disclose your Personal Information.
b. Non-Personal Information.
We do not sell, trade, or otherwise transfer
to outside parties your information. We do not combine Non-Personal Information
with Personal Information (such as combining your name with your unique User
Device number).
c. Legal Reasons
We may access, use or disclose your
information with other organizations or entities for reasons that required by
any applicable law, regulation, legal process or enforceable governmental
request; detect, prevent, or otherwise fraud, security or technical issues;
protect against harm to the rights, property or safety of us, our users or the
public as required or permitted by law.
III. Security
We are very concerned about safeguarding the
confidentiality of your information. We do not collect Personal Information,
and we employ administrative, physical and electronic measures designed to
protect your Non-Personal Information from unauthorized access and use. Please
be aware that no security measures that we take to protect your information is
absolutely guaranteed to avoid unauthorized access or use of your Non-Personal Information
which is impenetrable.
IV. Sensitive Information
We ask that you not send us, and you not
disclose, any sensitive Personal Information (e.g., information related to
racial or ethnic origin, political opinions, religion or other beliefs, health,
sexual orientation, criminal background or membership in past organizations,
including trade union memberships) on or through an Application, the Services
or the Site or otherwise to us.
V. How do we protect your information?
We do not use vulnerability scanning and/or scanning to PCI standards.
We only provide articles and information. We never ask for credit card numbers.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only
accessible by a limited number of persons who have special access rights to
such systems and are required to keep the information confidential. In
addition, all sensitive/credit information you supply is encrypted via Secure
Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or
accesses their information to maintain the safety of your personal information.
We take permission like
android.permission.READ_CONTACTS,
android.permission.CALL_PHONE,
android.permission.INTERNET,
android.permission.ACCESS_NETWORK_STATE,
android.permission.READ_EXTERNAL_STORAGE,
android.permission.WRITE_EXTERNAL_STORAGE,
android.permission.CAMERA,
android.permission.WRITE_CONTACTS,
android.permission.READ_PHONE_STATE and
android.permission.RECORD_AUDIO but do not share any information.
All transactions are processed through a gateway provider and are not stored or
processed on our servers.
VI. Do we use 'cookies'?
Yes. Cookies are small files that a site or its
service provider transfers to your computer's hard drive through your Web
browser (if you allow) that enables the site's or service provider's systems to
recognize your browser and capture and remember certain information. For
instance, we use cookies to help us remember and process the items in your
shopping cart. They are also used to help us understand your preferences based
on previous or current site activity, which enables us to provide you with
improved services. We also use cookies to help us compile aggregate data about
site traffic and site interaction so that we can offer better site experiences
and tools in the future.
We use cookies to:
• Help remember and process the items in the shopping
cart.
• Understand and save user's preferences for future
visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site
interactions in order to offer better site experiences and tools in the future.
We may also use trusted third-party services that track this information on our
behalf.
You can choose to have your computer warn you each time a cookie is being sent,
or you can choose to turn off all cookies. You do this through your browser
settings. Since browser is a little different, look at your browser's Help Menu
to learn the correct way to modify your cookies.
If you turn cookies off, some of the features that make your site experience
more efficient may not function properly. It won't affect the user's experience
that make your site experience more efficient and may not function properly.
COPPA (Children Online Privacy Protection
Act)
When it comes to the collection of personal
information from children under the age of 13 years old, the Children's Online
Privacy Protection Act (COPPA) puts parents in control. The Federal Trade
Commission, United States' consumer protection agency, enforces the COPPA Rule,
which spells out what operators of websites and online services must do to
protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in
the United States and the concepts they include have played a significant role
in the development of data protection laws around the globe. Understanding the
Fair Information Practice Principles and how they should be implemented is
critical to comply with the various privacy laws that protect personal
information.
In order to be in line with Fair Information Practices we will take the
following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days
We also agree to the Individual Redress Principle which requires that
individuals have the right to legally pursue enforceable rights against data collectors
and processors who fail to adhere to the law. This principle requires not only
that individuals have enforceable rights against data users, but also that
individuals have recourse to courts or government agencies to investigate
and/or prosecute non-compliance by data processors.
CAN
SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes
requirements for commercial messages, gives recipients the right to have emails
stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other
requests or questions
To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some
reasonable way.
• Include the physical address of our business or site
headquarters.
• Monitor third-party email marketing services for
compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the
bottom of each email.
# Contact
If you have any questions or comments about
this, please contact us:
artoholicdevelopers@gmail.com
Patryk
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