Appsverse Terms of Service
Updated Sep 18 2017
By using the Appsverse Apps, Phoner App service, Photon App and other related apps, you waive certain rights to participate in class actions and you agree to resolve disputes with Appsverse, Inc through binding arbitration (not in court and with very limited exceptions)
Appsverse Inc. (“Appsverse”, “our”, “we”, “us”) provides its apps and services (collectively known as “Services” or “services”) subject to the following Terms & Conditions which we reserves the right to amend from time to time. To use and access our apps and services, you must agree to the Terms of Services by you, your heirs and assigns (collectively , “you”) and are entering into a legally binding contract with us. If you do not agree to our Terms of Service, you should not use our apps and services.
When you use our apps and Services, you are subject to our privacy policies incorporated into this Terms and Services for your convenience. Any third party services or features provided through our Services, you agree to abide to the third party terms as well.
1. Changes to the Terms of Service
We can choose and reserve the right to change all or portions of the Terms of Service at any time without notice to you. You agree to visit the Terms of Services periodically to keep abreast and updated on any changes. Any changes will be marked by an update to the last revised date. If you continue to use the service after any revised updates, it is deem that you have agreed to the new Terms of Services. You are responsible to check the Terms of Service regularly for any changes.
2. Access and Use of the Service
A. Apps & Services Description: The Apps & Service allows users to browse the web, obtain temporary phone numbers for the purpose of communications via voice, SMS and SMS but are not limited to such mentioned service. Features also include number lookups, call recording, faxing and a number of other communication and social features. You agree that using any of our Apps & Services implies that you will abide by any local, national and international laws with regards to the usage. You may or may not require a cellular service to use our Services but you may be charged by your phone service provider for any minutes, texts and data that you may incur which Appsverse cannot be responsible for. The Service cannot be used for 911 or Emergency calling. You have to use your cell phone or landline service for 911 or Emergency calling. You agree that Appsverse, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, any attorneys’ fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using the Service. You hereby waive all claims and causes of action against Appsverse, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using Appsverse Services..
C. 13 years and above: You must be 18 years and above to use the Service or you have reviewed the Terms and Service with a parent or guardian and who have agree to the Terms of Service on your behalf and takes full responsibility for its compliance. You cannot use the Service if you are under 13 years old.
D. Changes to Service: Appsverse reserves the right to change temporarily or permanently, the Service in whole or in parts with or without notice. If the Service is modified, suspended or terminated, you agree that Appsverse will not be liable to you or any third party.
H. Payment Plans: Appsverse can choose to offer subscription plans for its app and services. These subscription plans pricing will be shown before you enter in your iTunes, Google Play or other payment information. If you subscribe to any plans, you acknowledge that these plans will auto renew every period such as monthly or yearly depending on the subscription plan you choose. The payment will be billed for the subscription either through your credit card or through your intermediary provider such as iTunes, Google Play, or a similar app store (the “AppStore”). All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods. Credit card payments are processed by a third party payment processor and if your credit card is not processed in a timely period for whatever reason, your subscription plan may end and the service associated with the subscription will terminate. You are still responsible for any past due amounts yet to be paid.
If you cancel your subscription, you are still able to use the Service till the end of the period as long as the subscription for that period has been fully paid for. You can choose to cancel your Subscription any time. We reserves the right to change or discontinue any aspect of the subscription plan with regards to pricing, recurring periods, free trials and others. Appsverse also offers payment plans that are non-recurring and not subscription based. Any credits offered by these plans are non refundable and credits used in texts, purchase of numbers, calling, call recording, faxes and other features requiring paid credits in the app are non refundable.
3. Conditions of Use
A. User Conduct: You agree to use our Services responsibly and Appsverse is not liable for any damages whatsoever for any activities that you conduct through our Service. Appsverse does not permit illegal activities, unlawful, harassment, phishing and other damaging activities and we reserves the right to investigate and seek legal action against anyone using our Service for such purposes. These can include terminating, suspending and banning the use of your service and reporting you to law enforcement authorities. The following examples are prohibited activities but they may not be limited by the listed activities below:
You further understand and agree that you are solely responsible and liable for any consequences and effects of all calls, content, texts and other usage of our service, you will notify us and assist us with any investigations that is conducted based on the information.
We are not obliged to monitor your use, access and content but have the right to do so to make sure that the Service is used appropriately and in compliance with all laws national and international. We also reserve the right to terminate or disable access to you or anyone that we think disrupt or damage the integrity of our Service.
B. Law Enforcement: You acknowledge that your use of the Service will not violate any laws whether local, municipal, state, national or international and the rights of any third party .You acknowledge that we are obliged to share and disclose information to law enforcement organization and government if required to so by law. We are not obliged to disclose affected users especially when the laws forbid us to do so.
C. Reasonable Use Policy: If you use the Service in ways that does not constitute reasonable use and you generate high amount of usage not typical of individual pattern, abuse the service or generate unusually high volumes of call, texts, lookups or beyond reasonable normal use, Appsverse can restrict the use of your service, impose rate limits, terminate your account or any action that can help preserves the integrity of our service. Phone numbers are assigned for your use on a temporary behalf and does not mean that you are the owner of the phone number. Appsverse reserves the right to reassign or change the telephone number that is assigned to you and will not be liable for any damages whatsoever arising out of this change. Furthermore, any assigned numbers may not be guaranteed to be available and if they cease to be available, we reserve the right to reassign you a different number but will not be liable for any damages or expenses as a result of the reassignment.
D. Software Policies: You agree not to distribute, license, perform, reproduce, copy, duplicate or create derivative work, resell or transfer the software for any commercial purpose including any portion of the Service and access to it. Any Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. By downloading the App or Software or the use of any Web based app, you are using it as your sole risk and will obey all laws with regards to usage, online conduct and content. You will not copy, reverse engineer and hack any source code, API or binary as associated with the App and Service. The Service and Software may use third party content , APIs or software and we will not be liable for any such content or errors as a result of the use of this third party software. Any content created, held or transmitted through the Service will grant Appsverse and its Affiliates a nonexclusive, worldwide, royalty free, fully paid up and transferable rights for the purpose of enabling and operating the Service. If you infringe on any copyright as a result of the content, we reserve the right to terminate access to the Service and will not be liable for any copyright issue except to remove the content when an infringement is reported.
4. Indemnity and Release
You agree to release, indemnify, defend and hold Appsverse and all its affiliate, officers, executives, employees, directors and any agents associated with Appsverse against any and all losses, liabilities and any damages including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of the use of Appsverse Service or Content in connection with using the Service or any violation of any law.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
5. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPSVERSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. APPSVERSE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY COMMUNICATION, LOOKUP, CALLS, TEXTS, RECORDINGS, BLOCKING, CONVERSATIONS PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
6. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPSVERSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APPSVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR CHANGE OF YOUR COMMUNICATION TRANSMISSIONS, ACTIVITIES OR CONVERSATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL APPSVERSE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID APPSVERSE IN THE LAST ONE(1) MONTH, OR, IF GREATER, TWENTY DOLLARS ($20).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
7. Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
A. Federal Arbitration Act. The parties agree that this Terms of Service affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
B. Initial Dispute Resolution: You can email firstname.lastname@example.org to address any concerns you may have regarding the Service. Our customer service will try its best to resolve most issue and troubleshoot most problems with the service quickly to our customer’s satisfaction. Both parties will enter into a good faith negotiation to settle any dispute, issues, claims or disagreement in using the service before initiating a lawsuit or arbitration.
8. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability), the Service, any person’s access to and/or use of the Service, and/or the provision of content, products, services, and/or technology on or through the Service.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in San Francisco, California.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Appsverse, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Service (such as with respect to their validity or enforceability), and/or the Service, and/or any person’s access to and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service.
9. Reporting issues, complaints and violations
To report any issues, complaints and violations, please contact us at email@example.com