This is an agreement between WhozCalling Social (“WhozCalling Social“), the owner and operator of www.whozcallingsocial.com (the “Whozcalling Site“), WhozCalling Social software applications, including WhozCalling Social Chat and WhozCalling Social phone book and number lookup services (collectively, including all content provided by WhozCalling Social through the Whozcalling Site and the WhozCalling Social software applications, as well as any and all websites, web services API other online services, hereinafter referred to as the “Service” or “Services“) and you the user(s) of the Services (“You” or the “User(s)”)WhozCalling Social offers you chat services and global phone community services transacted through a licensed application (the “WhozCalling Social App”) for mobile devices or via API.These Terms of Service (the “Terms”) will govern Your use of the Services irrespective of release version of these Terms. By accessing or using any of the Services, You agree to be bound by these Terms and WhozCalling Social privacy policy, which can be found on the WhozCalling Social Site and which is incorporated by reference into these Terms. For API Users, additional provisions apply in accordance with the API License Addendum (which is also incorporated by reference to these Terms).Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.

Security and protection of Users integrity

WhozCalling Social’s mission is to build the most accurate and complete phone community as well as to provide chat services accessible to anyone, anywhere across the globe. For this purpose, WhozCalling Social is depending on the Users sharing certain information. In this context, we are firmly committed to the security and protection of integrity of the Users of the Services and their contacts.

For the purpose of the Services, the data shared by the User with WhozCalling Social, such as the User’s phone number and the User’s contacts saved in his device’s phone book (the “Contact Information”), will only be used by WhozCalling Social to provide the following:

(i) link a name to a telephone number already available to the User. If the User chooses to undertake a Search by name (that is to search for a telephone number by inserting a name) WhozCalling Social may forward the User’s contact request to a named person, and that person may then choose to share his or her number or not, entirely at his or her discretion. See further details in the WhozCalling Social Privacy Policy.
Other searches by name will only produce a number linked to the name if the number is available for search in a public database or relates to a User who has made his or her name available for search under these Terms.

(ii) Provide chat services, subject to the User sharing his Contact Information with WhozCalling Social, allowing the User to submit status text and profile photos (the “Status Submissions”) as well as messages, pictures, voice records and other communications and also the automatic submission of whether a communication is delivered (“D”) and/or read (“R”). The Status Submissions may be visible to other Users of the Service who have Your mobile phone number in their mobile phone or who were able to reach You through a phone number search or a name search. However, direct messages and photos and other communications sent by the User to other Users will only be viewable by such Users.

You may choose not to activate the chat services or setting. In such a case, other Users will not be allowed to chat with you and you will not be able to chat with other Users either.

The WhozCalling Social Privacy Policy further describes what information You may share with WhozCalling Social and other Users and how WhozCalling Social may use and share such information.

By accepting these Terms or by using the Services, you agree to the above, and grant WhozCalling Social all necessary authorizations and licenses with respect to the foregoing and for the purposes thereof.

Consent Data Use

You agree that WhozCalling Social, in accordance with the WhozCalling Social Privacy Policy, and these Terms, may collect and use technical data such as Your IP address, device ID, usage data and other related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You related to the WhozCalling Social App and to the Service.

Also, by allowing WhozCalling Social to collect Your Contact Information You give WhozCalling Social a right to use that Contact Information as a part of the Service(s) and you guarantee that you have any and all permissions required to share such Contact Information with WhozCalling Social. You may opt-out to prevent the sharing of Contact Information at any time.

Obligations and Restrictions to Use of Services

You acknowledge and agree that in order to use the Service(s), You will have to share with WhozCalling Social your phone number which will be used and retained as your chat ID and that WhozCalling Social may use your phone number and other personally identifiable information to improve the quality and design of the Service and to create new features, promotions, functionality and services by storing, tracking and analyzing users preferences and trends.

As for your Contact Information, WhozCalling Social gives you the choice either to share it or not to share it with WhozCalling Social. You acknowledge and agree that, if You choose not to share your Contact Information with WhozCalling Social, you will have a very limited access to the Service.

You further acknowledge and agree that by allowing WhozCalling Social to collect your Contact Information, You give WhozCalling Social the right to use such information as part of providing the Service as well as the right to make such information available to other Users. In this context, WhozCalling Social will only collect the names and phone numbers stored in Your device’s phonebook which will be securely sent to the WhozCalling Social servers and which will not be shared, sold, traded or reorganized by WhozCalling Social with third parties other than in accordance with these Terms.

You guarantee that any Contact Information and other data, including but not limited to Your profile information and Your phone number, You may transfer to WhozCalling Social as User of the Services (together the “Content”), is to the best of Your knowledge, not false or otherwise may corrupt or disrupt the Services and that you have the right to share it with WhozCalling Social and other Users.

Your use of the Service is permitted only for Your personal use and, except as set forth in the API License Addendum, You shall not by any commercial means use the Services, such as to resell or charge others for use or access to the Services, or otherwise transfer for value the Services or the Content. You agree not to challenge WhozCalling Social’s rights in or otherwise attempt to assert any rights in the Services, except those explicitly granted under these Terms. You agree not to use the Services except as expressly permitted under these Terms.

Scraping of any information contained in the Services, including any third party information accessible via the Services, is strictly prohibited.

The Services or the Content may not be used in any way, which is illegal, harmful or may be considered offensive by WhozCalling Social at its full discretion, or by other Users or third parties. You therefore agree not to exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity. You further agree not to use our Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party or User, and to refrain from posting Status Submissions which content: (i) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their owner to post them and to grant WhozCalling Social all of the license rights granted herein, or (ii) is false or contains misrepresentations that could harm WhozCalling Social or any User or any third party, or (iii) is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered under any applicable law a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate, or (iv) is an advertisement or a solicitation of business, (v) constitutes an impersonation of another person, or (vi) contains software viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents or programs, or (vii) interferes with or disrupts the integrity of performance of the Service or the data contained therein, or (viii) attempts to gain an unauthorized access or use of the Service or its related systems or networks.

You acknowledge and agree that WhozCalling Social is not in any way responsible for any such unauthorized use of the Service and Status Submissions by You or any other User or third party, nor for any unauthorized use or violation of your data or contact details or Contact information or Status Submissions or other rights by any other User or third party or any harassing, threatening, defamatory, offensive, racist, obscene or inappropriate or illegal messages or transmissions etc… that You may receive as a result of using the Services.

Proprietary Rights

The design of the Service along with WhozCalling Social trademarks, trade names, service marks, logos, database rights, patents, created texts, scripts, graphics, interactive features and the like (“Whozcalling IPR”), except Status Submissions (as detailed below), are owned by or licensed to WhozCalling Social subject to copyright and other intellectual property laws and treaties. WhozCalling Social and its licensors shall retain ownership in and to the Services and to all related Whozcalling IPR. You are granted only a limited right to use the Services subject to these Terms, and You agree not to use, copy or distribute any of Whozcalling IPR or the Service other than expressly permitted herein, including any use copy or distribution of Status Submissions of third parties obtained through the Service.

For the avoidance of doubt, You retain all your ownership rights in your Status Submissions, provided however that by submitting such Status Submissions you would not be infringing on any third party’s intellectual property or other rights. In other words, You retain all Your ownership rights in Your Status Submissions, but you have to have these rights in the first place as well as the right to give WhozCalling Social a license to use them as follows: By submitting Your Status Submissions to WhozCalling Social, you hereby grant WhozCalling Social a worldwide, non-exclusive, royalty free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the Status Submissions in connection with the Service, and WhozCalling Social’s business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media format and through any media channels. You also hereby grant each subscriber to Your status a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by You terminates once you remove or delete a Status Submission from the Service.

Scope of License

Except as set forth in the API License Addendum and subject to your compliance with these Terms at all times, WhozCalling Social grants You a personal, limited and non-exclusive right to use the Services for Your own personal, non-commercial use and only for such use. This license does not allow You to use the WhozCalling Social App on any mobile device that You do not own or control. You may not copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the WhozCalling Social App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the WhozCalling Social App).

The license does not allow You to use WhozCalling Social’s name, trademarks or other commercial symbols. All rights and licenses not expressly granted to You under these Terms shall be retained by WhozCalling Social.

In case You wish to use WhozCalling Social App as a part of Your own application or modify the WhozCalling Social App, a separate agreement with WhozCalling Social is required. Any API, commercial or enterprise use of the Services shall be governed by the API License Addendum.

No Warranty

WHOZCALLING SOCIAL MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, THE COMPLETENESS AND ACCURACY OF THE CONTENT, THEIR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS,. AS A RESULT, THE SERVICES ARE PROVIDED TO YOU “AS IS” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.

You understand and acknowledge that WhozCalling Social makes no warranties or representations and assumes no liability towards You or any third party or any user of Your mobile device or computer device for any (i) errors or inaccuracies in the Content (ii) personal injury or property damage of any nature whatsoever resulting from Your access to and use of the Service, or (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, or (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Service through the actions of a third party, and/or (vi) any errors or omissions in any information or data or for any loss or damage of any kind incurred as a result of the use of any information, data or content posted, emailed, transmitted or otherwise made available via the Service. WhozCalling Social does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any user Status Submission or other advertising, and WhozCalling Social will not be a party to or in any way be responsible for monitoring any transaction between You and any other User or any third party provider of products and services.

You understand and acknowledge that WhozCalling Social shall in no way be liable for Your Status Submissions nor for any Status Submissions posted by other Service users via the Service. You will be responsible for Your Status Submissions and the consequences of posting them and WhozCalling Social makes no guarantees as to the validity, accuracy or legal status of any Status Submissions posted via its Service and disclaims all liability with respect to Status Submissions or any content submitted by a user of the Service which is harassing, threatening, defamatory, offensive, racist, obscene, illegal or otherwise inappropriate etc. or which infringe on other users rights or third parties’ rights, including intellectual property rights.

You understand and acknowledge that WhozCalling Social will not be liable for network-related problems attributable to the operation of the Services and that network configuration changes may affect the Services’ performance.

WhozCalling Social makes no representation that the Services are available for use in any particular location. To the extent You choose to access the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

You further irrevocably waive any claims, demands, actions, lawsuits and other remedies to which you are or may be entitled, directly or indirectly under any applicable law, against WhozCalling Social or any of its officers, agents, employees, or affiliates, with respect to or arising from the occurrence of any of the events (including liabilities or damages arising from or caused by such occurrence or events), liabilities or damages mentioned in this Section, or from the fact that any such events, liabilities or damages are or may be deemed by You or any third party as being threatened.

Limitation of Liability

YOU EXPRESSLY AGREE THAT WHOZCALLING SOCIAL SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, OR THE TERMINATION OF THESE TERMS AND/OR OF THE SERVICES, even if advised of the possibility of such damages. In particular, and without limitation, WhozCalling Social shall have no liability for (i) any information stored or processed within the Services, including the costs of recovering such information, (ii) any errors, mistakes or inaccuracies of Content provided through and in connection with the Service, any use of information obtained through the use of the Services being at Your own discretion and risk, (iii) personal injury or property damage of any nature whatsoever resulting from Your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein including Your personal information , (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Service through the actions of a third party, and/or (vi) any errors or omissions in any information or data or content or for any loss or damage of any kind incurred as a result of the use of any information, data or content posted, emailed, transmitted or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal grounds and (vii) any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any user Status Submission or other advertising.

Your only right or remedy with respect to any problems or dissatisfaction with the Services, including any of the problems listed in the previous paragraph and the No Warranty section of these Terms, is to uninstall the Whozcalling App and cease use of the Services.

WhozCalling Social SHALL NOT BE LIABLE FOR THE VALIDITY AND CORRECTNESS OF THE CONTENT PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE MADE AT YOUR OWN DISCRETION AND RISK.

WhozCalling Social cannot guarantee the origin and correctness of any Content made available by other Service Users . Therefore, You accept that You via the Services may be exposed to erroneous or otherwise objectionable information.

You further irrevocably waive any claims, demands, actions, lawsuits and other remedies to which you are or may be entitled, directly or indirectly under any applicable law, against WhozCalling Social or any of its officers, agents, employees, or affiliates, with respect to or arising from the occurrence of any of the events (including liabilities or damages arising from or caused by such occurrence or events), liabilities or damages mentioned in this Section, or from the fact that any such events, liabilities or damages are or may be deemed by You or any third party as being threatened.

Indemnification

You agree and undertake to defend, indemnify and hold harmless WhozCalling Social, its parent corporation, affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), arising from: (i) Your use of and access to the WhozCalling Social Service; (ii) Your violation of any term of these Terms or Your breach of any of Your undertakings provided in these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms and your use of the Service.

Ability to Accept these Terms

You affirm that you are either of legal age under applicable law, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms, and in particular into the terms, conditions, undertakings, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 16 years of age, you are not permitted to use the Service. In any case, you affirm that you are at least 16 years old as the Service is not intended for children under said age.

Support

WhozCalling Social strives to provide adequate and efficient technical support, upgrades and updates for the Services. WhozCalling Social shall not, however, be under any obligation, whether implied or express, to provide support or maintenance for the Services under these Terms and reserves the right to limit the support, upgrades and updates provided from time to time.

Termination

Your right to use the Services continues until these Terms are terminated. WhozCalling Social may terminate them and Your use of the Services at any time without cause and without prior notice at its own discretion. You may terminate them at any time by uninstalling the Whozcalling App, in which case these Terms will no longer apply to You. These Terms will automatically terminate if You fail substantially to comply with them. Upon any termination, You agree to stop using the Services. Upon termination by You, or by WhozCalling Social due to Your breach of these Terms, You will not be refunded any part of the Services, license fees or other prepaid fees, if any. Upon termination by WhozCalling Social without cause, You will be refunded such prepaid fees following a written request by Yourself, provided a receipt for such fees and a clear payment instruction are included.

Any prepaid credits for use within the Services are connected to the User device as well as its phone number. Therefore, if You change device or its SIM-card, You cannot transfer the credits to a new device or SIM-card and no refund will be available in such cases. WhozCalling Social reserves the right, at its own discretion, to remove any unused credits without any right of refund twelve (12) months from the purchase.

Provisions of sections No Warranty, Limitation of Liability, Indemnity and Termination shall survive any termination of these Terms.

Assignability

These Terms and any rights and duties thereunder may not be transferred by You. WhozCalling Social reserves the right, at its own discretion, to freely assign and transfer any of its rights and duties under these Terms to any third party.

Additional and Changed Terms

Additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices hereto. For API Users, the API License Addendum applies.

WhozCalling Social reserves the right to modify the Services and these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User may be notified thereof via publication on the Whozcalling Site and provided the option to immediately terminate the Services. The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at www.whozcallingsocial.com.

Governing Law and dispute resolution

Your use of the Services and their various functionalities and the ensuing relationship between you and WhozCalling Social are governed by these Terms which shall be construed in accordance with, and governed by, the laws of Germany, excluding its choice of law rules. All disputes relating to these Terms shall exclusively be resolved by the competent courts of Germany.