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IndyCall Terms of Use

I. Confidential data usage policy (Privacy Policy)

CONTENTS

  1. Data collected and used by Indycall
  2. Goals and ways of using the data
  3. Disclosure of your personal information
  4. Advertising
  5. Websites and software of third persons
  6. Inviolability of your personal data
  7. Communication with you
  8. Introduction of amendments to the Confidentiality Regulations
  9. Communication with Indycall

1. DATA COLLECTED AND USED BY INDYCALL

When installing and using the Indycall mobile application, you agree to authorise Indycall app to obtain and use the following information:

  1. Information on your location, received from your mobile communication operator or your mobile device.
  2. Information from the address book on your mobile device. This data is used only for application operations; address book data is never sent to the Indycall servers.
  3. Access tokens for other accounts, which are linked with your Indycall account, such as electronic keys provided by the service used for user identification instead of entering a password.
  4. Data on your mobile device, such as its manufacturer, model number, operating system, screen parameters, interface language settings.

2. GOALS AND WAYS OF USING THESE DATA

The main goal of collecting this information is to secure a reliable, flawless and efficient service that meets your requirements. Indycall, when acting independently or using the services of third persons, collects and uses your personal data in the allowable volume, which is required in order to:

Securing voice communication with telephone-network users;

Provide technical support and eliminate failures;

Adapt, evaluate and improve Indycall software;

Organise and hold marketing and advertising campaigns, operations and other similar events conducted by Indycall;

Offer some functions of Indycall for free, due to advertising support;

Protect your interests and the interests of Indycall, in particular, secure control over observation of the Terms of Use, prevent fraudulent activities and combat them (collectively – the Goals).

3. DISCLOSURE OF YOUR PERSONAL INFORMATION

Except for in the cases described below, Indycall undertakes not to sell, provide for use, exchange or otherwise transfer your personal data and/or data about your traffic or the content of your conversations without your direct approval, unless this is required by valid laws or ordered by competent bodies.

We may read, disclose and keep personal data, including your confidential content (for instance, a history of your calls), in good faith in the belief that it is required in order to: To be in compliance with the valid laws or reply to a legally valid subpoena from competent bodies, including law enforcement bodies or other public authorities; to protect our clients, for instance, to prevent spam or fraud with regard to our users or to prevent death or serious injuries; to use and upkeep the security system of our websites, products and services, including to prevent or stop attacks on our computer systems or networks; or to protect our rights or property, including provision of observation of the terms regulating the usage of Indycall.

Indycall, its local partner, communication operator or another company which provides communication, may present your personal data, data of your calls to authorized judiciary, law enforcement or public authorities, having received legally justified inquiries from them. In the event of receiving such an inquiry, Indycall must undertake due measures for collaboration and present the required information; herewith you give your approval to the disclosure of such required data.

Information, which is collected by or sent to Indycall, may be stored and processed in the  Republic of India, as well as in another country where equipment of the company or its affiliated or subsidiary companies or providers is installed. In view of this or for the purpose of information exchange or data transfer in accordance with Article 4 of this document, Indycall retains the right to transfer information beyond the borders of your country. The fact that you use the Indycall application means you agree to any transfer of information beyond the borders of your country.

4. ADVERTISING

Advertising of Indycall or third persons in the Indycall application or on the Indycall webpage.

Indycall and our Partners in advertising distribution may use some information, not containing personal data transferred to Indycall, such as your device model, software version, country and geolocation, in order to forward you the advertisements that can be of most interest to you, as well as to evaluate the effect of advertising events and increase their efficiency.

5. WEBSITES AND SOFTWARE OF THIRD PERSONS

The Indycall application may display links that help you to get access to other websites, without leaving the Indycall application. Websites, which the links guide you to, are not controlled by Indycall and their usage is regulated by other confidentiality regulations. The effect of the Confidentiality Regulations extends exclusively to personal data obtained through the usage of the Indycall application and received as a result of the relations existing between you and Indycall. Indycall strongly recommends you to take care when disclosing your personal data on the internet. Indycall does not bear responsibility for activities of other websites.

6. INVIOLABILITY OF YOUR PERSONAL DATA

Indycall undertakes to take all required organizational and technical measures to protect the provided personal data and data on calls, by observing all obligations and exceptions imposed by the valid laws.

7. CHILDREN

The Indycall application has no age limitations, though it is not recommended to be used by children under 13 years of age. Indycall recommends parents to follow the usage of internet and smartphone applications by their children, in order to prevent the disclosure of any data by a child without the permission of the parents.

8. INTRODUCTION OF AMENDMENTS TO THE TERMS OF USE

From time to time, Indycall may introduce amendments to these Terms of Use, in conformity with changes in our software and/or products, as well as in conformity with references of users. In the event of significant amendments in the Terms of Use or our approach to using your personal data, new version of the software will be published, including and highlighting appropriate changes. Hereby, you agree that continuing to use the mobile application of Indycall is confirmation of your approval of the Terms of Use.

9. COMMUNICATION WITH INDYCALL

To communicate with Indycall on issues regarding its mobile application, please forward your queries to the Client Service Department by e-mail to support@indycall.com.

 

II. Indycall end-user Licence Agreement

Please read the terms and conditions in this End User License Agreement (“Agreement”) carefully: they govern our relationship with you in relation to your use of the Indycall Application referred to in this Agreement and contain important information about your rights and obligations. By accessing or using the Indycall Application, you agree to be bound by this Agreement as may be modified from time to time.

If you do not want to be bound by this Agreement, you must not access or use the Indycall Application.

The Indycall Application is not a replacement for your primary telephone service and does not provide access to emergency services. You cannot use the Indycall Application to make calls to emergency services. However, you can continue to use your mobile device to make calls to emergency services via your mobile operator as normal.

  1. This Agreement and our policy sets out the terms and conditions under which respectful owner of the Indycall Application (“Indycall” or “we” or “us” or “our”) licenses to you the Indycall Application. We reserve all rights not expressly granted to you under this Agreement. In this Agreement, “you” and “your” means the individual end user, accessing the Indycall Application.
  2. You do not have the right to cancel this Agreement once you have begun to use the Indycall Application. Nothing in this section affects your non-excludable statutory and legal rights.
  3. We are the owner of the copyright, trade secrets, trademarks and any other intellectual property rights including all related software and underlying source code which subsist in the Indycall Application and all copies thereof. Title to and ownership of the Indycall Application shall at all times remain vested in us. You accept that the Indycall Application contains confidential information that is our property. You agree and acknowledge that we shall own the intellectual property rights to any modifications of the Indycall Application.
  4. Subject to the terms and conditions of this Agreement, we grant to you a non-exclusive, revocable, personal, non-transferable license to use the Indycall Application without any right to sub-license. You will not sell, sub-license, lease, rent, loan, lend, transmit or otherwise distribute or transfer the Indycall Application in any manner to third parties. The license granted hereunder is limited to use of the Indycall Application on a mobile device that you own or control. You will not use the Indycall Application on any mobile device that is not owned by you or under your control and you agree not to distribute or make the Indycall Application available over a network where it could be used by multiple devices at the same time.
  5. You undertake not to reverse engineer, decompile, disassemble, or attempt to derive the source code of the Indycall Application or any updates thereof and you will not adapt, alter, modify, upgrade, enhance or create derivative works of the Indycall Application or any updates thereof.
  6. You will not reproduce or copy any part of the Indycall Application and you will not disclose to any third party the Indycall Application or any part thereof without our prior written consent. The Indycall Application is provided to you for your own personal use only and you will not re-sell or in any way re-supply the Indycall Application to others.
  7. The terms of this Agreement will govern any upgrades provided by us unless such upgrade is expressly stated to be subject to a separate license agreement.
  8. You agree to use the Indycall Application strictly in accordance with this Agreement and any instructions issued by us from time to time. You have sole responsibility for any content or data which you transmit via the Indycall Application. You agree not to not use the Indycall Application in contravention of any applicable local, state, national or international law, regulation or code of practice. In case we have reasonable grounds to suspect improper use of the Indycall Application we shall have the right to suspend or terminate your user account and refuse any and all current or future use of the Indycall Application.
  9. Unless expressly provided elsewhere in this Agreement, upon termination of your account, all unused credits or pre-paid minutes shall expire in their entirety and no refund or pro-ration shall be made for any unused credits or minutes.
  10. User account, including prepaid or service data is connected to the specific handset. You are solely responsible for any charges incurred using your Indycall Application user account and you must keep your handset private. You are responsible for the security of your user account and for all activities that occur in connection with your account.
  11. The amount of time, available for the certain calls is calculated basing on the real telephone connection costs. We reserve the right to adjust the amount of calling time in accordance with international calling costs changes at any time without notice. If you do not wish to accept such change in call durations, you can terminate your account with effect from the date on which the rate change would become effective. By continuing to use the Indycall Application following any call duration change, you accept such change.
  12. Because some mobile network operators may prohibit or restrict the use of Voice over the Internet Protocol (“VoIP”) functionality over their network, such as the use of VoIP telephony over a mobile network, and may also impose additional fees or other charges in connection with VoIP, you must prior to use of the Indycall Application ensure that the terms of agreement with your operator do not prohibit or otherwise restrict use of the Indycall Application over such operator’s network. You are responsible for all data and other charges imposed by your operator or Wi-Fi provider which may be incurred when using the Indycall Application. You further understand that the costs of data connectivity services when using the Indycall Application may rise significantly when roaming internationally and that you are solely responsible for all charges in connection with your use of the Indycall Application. We are not liable for these or any other costs you may incur by using your operator’s or other third-party services. You must comply with all applicable third-party terms of agreement to ensure that you will not be in violation of the terms of agreement with your mobile operator when using the Indycall Application.
  13. You warrant and represent that you have the necessary rights to install and use the Indycall Application and you will indemnify and keep us, our affiliates, agents, partners and officers, fully and effectively indemnified on demand from and against all actions, claims, losses, liability, damages, costs and expenses (including legal costs and expenses) suffered or incurred by us, our affiliates, agents, partners and officers and arising directly or indirectly out of your use of the Indycall Application.
  14. You agree that the Indycall Application is provided “as is” and that we do not provide any guarantee, warranty or assurance that the Indycall Application will operate continuously or without interruptions or be error free or meet your requirements or that defects in the Indycall Application will be corrected. Accordingly, we do not accept liability for unavailability or the timeliness, deletion, miss-delivery or failure of the Indycall Application. You assume full responsibility and sole risk for your use of the Indycall Application. To the maximum extent possible, no warranties or terms implied by applicable law, including without limitation those relating to satisfactory quality, performance, fitness for purpose, quiet enjoyment and non-infringement of third party rights shall apply to the subject matter of this Agreement. In entering into this Agreement, each party acknowledges that it does not do so on the basis of, and does not rely on any representation, warranty, condition or other provision except as expressly provided in this Agreement and we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Indycall Application to the fullest extent permitted by law. Should the Indycall Application be defective, you will assume the entire cost of all necessary servicing, repair or correction to any hardware or software used in conjunction with the Indycall Application. We shall not be responsible for operation of the Indycall Application other than on hardware approved by us and in conjunction with the operating environment designated for the Indycall Application. The limitations and exclusions in this section do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
  15. We make no representation that the Indycall Application is permitted or available for use in any particular location. To the extent you choose to access the Indycall Application, you do so at your own risk and you are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
  16. We may add, change, remove or discontinue any aspect of the Indycall Application at any time. In the unlikely event that we make any changes which are materially detrimental to you, you may terminate this Agreement on written notice and you may be entitled to a refund of any unused prepaid amount representing the period following the termination date. If you use the Indycall Application after any changes take effect you will be bound by the changes and you shall have no right to terminate this Agreement on the ground of the changes made.
  17. This Agreement may be terminated at any time by us or by you. We may suspend or terminate your Service at any time acting reasonably, if you fail to make any payment when it becomes due or any fraudulent or prohibited activity. Your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any term of this Agreement.
  18. Immediately on termination of this Agreement, you will cease all use of the Indycall Application and will delete the Indycall Application and any copies thereof.
  19. We may suspend or terminate the Indycall Application and this Agreement if directed to comply with an order, instruction or request of any law enforcement, government or other competent authority.
  20. You may use the Indycall Application for lawful purposes only and in accordance with such instructions as notified by us from time to time. You are responsible for all activity and usage of the Indycall Application and for any breaches of this Agreement that may result. You must ensure that the Indycall Application is not used, whether by you or by anyone else, for any unlawful or fraudulent purposes. In particular, you will not use the Indycall Application:
    (i) in any way that breaches any applicable local, national or international law or regulation;
    (ii) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material (spam);
    (iii) in any way which we reasonably consider to be abusive or inappropriate; or
    (iv) in any way which we reasonably consider is likely to affect the quality of the Indycall Application or any other application provided by us.
  1. You must not use the Indycall Application to transmit, view or otherwise use any material which is defamatory or libelous; obscene, offensive, hateful, inflammatory or otherwise criminal in nature; contains sexually explicit material; promotes violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right, trade mark or other intellectual property right of any person; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; is threatening, abusive or invades any person’s privacy; is likely to harass, upset or alarm any other person; is used to impersonate any person, or to misrepresent your identity or affiliation with any person; gives the impression that they emanate from us, if that is not the case; or advocates, promotes or assists any unlawful act such as (without limitation) copyright infringement or computer misuse.
  2. You agree that we may collect and use personal information and technical data and related information, in accordance with Confidential Data Usage Policy set in Indycall Terms of use.
  3. We may amend this Agreement from time to time and post the new version on our website and updating the Indycall Application following which all use of the Indycall Application will be governed by the revised version. You must check the terms of this Agreement accessible from our website from time to time to review them. We shall update the “Last modified” date in the event of a change to this Agreement. If you use the Indycall Application after the “Last modified” date you will be bound by the changes and you shall have no right to terminate this Agreement on the ground of the modifications made.
  4. We shall not be liable for any failure to perform any obligation to the extent such failure is due to causes beyond our reasonable control.
  5. We may assign, transfer, novate or subcontract any or all of our rights and obligations under this Agreement at any time.
  6. The termination of this Agreement however arising shall not operate to affect such of the provisions of this Agreement as are expressed to operate or have effect after then and shall be without prejudice to any accrued rights or remedies of the parties.
  7. Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
  8. If any provision of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the others and shall be deemed deleted.
  9. Any notice which may be given by either party shall be deemed to have been given if sent by email transmission to email address notified by the other party in writing as an address to which notices may be sent.
  10. This Agreement represents the entire agreement and understanding of the parties in relation to the subject matter hereof and supersedes all prior understandings and representations, whether written or oral.

Last modified date: November 11, 2017