Term of Use
Effective as of February 13, 2019
The Terms and Conditions (“Terms”) describe the regulation of the relationships between you and us about the use of our website https://dail.app (the “Website”) or any related Apple Store or Google Play applications (the “Applications”; the Website and Applications mean the “Platform”).
Please read the following information carefully to understand our policy regarding your use of the functionality and services available on the Platform. The Platform allows you to use Voice over Internet Protocol (the “Services”), in other words, communication, and other related services. The more detailed explanation of all features of the Services is available on the Platform.
We may change the Terms at any time. We will inform you in advance of the changes to the Terms using the available means of communication (for example, in-built notification, email, or chat).
2. YOUR ACCOUNT
You may create an account via Google account by filling out specific forms using your password and other necessary information.
When using the Platform, you shall be responsible for ensuring the confidentiality of your account, password, and other credentials and for secure access to your device. You shall not assign your account to anyone. We are not responsible for unauthorized access to your account that results from misappropriation or theft of your account. We may, at our discretion, and on reasonable grounds, refuse or cancel service, terminate your account, and remove or edit content.
Generally, we do not knowingly collect personal data of or accept any users under the age of 13 (thirteen). If you are under 13 (thirteen) years old, you may not use the Platform and may not enter into the Terms. Some countries may have another age threshold, and if that age threshold applies to our Platform, we will consider the applicable age threshold.
3. USE OF THE SERVICES AND PLATFORM
You shall not use the Services and Platform for any illegal, immoral or inappropriate purposes. You may not abuse the Services.
You shall not engage in any activity that harms, exploits or threatens to harm any user.
You shall not send unwanted or unsolicited messages or other spam.
You shall not display or exploit the Platform or Services to share illegal or inappropriate content (for example, nudity, pornography, offensive language, graphic violence, etc.).
You shall not engage in activity that is fraudulent, misleading, or defamatory.
You shall not perform or assist in any activity that is harmful to you, the Platform, Services or others. You shall solely use your account, and you may not transfer it to anyone else.
You shall not infringe anyone’s rights, including copyright and other intellectual property ones.
You shall not perform or assist in any activity that violates data protection or privacy rights of anyone.
You shall not assist anyone in breaking any of the rules of the Terms.
We may, at our sole discretion, set fees for using the Platform or Services. All fees shall be published separately on relevant pages on the Platform.
4. THIRD PARTY SERVICES
The Platform may include links to other sites, applications, and platforms (hereinafter the "Linked Websites").
5. INTELLECTUAL PROPERTY ISSUES AND CONTENT
We grant you a non-transferable, non-exclusive, revocable license to access and use the Platform from one device in accordance with the Terms.
You shall not use the Platform for unlawful or prohibited purposes. You may not use the Platform in a way that may disable, damage, or interfere in the Platform.
All content present on the Platform includes text, code, graphics, logos, images, compilation, software used on the Platform (hereinafter and hereinbefore the "Content") is our property or of our contractors and protected by intellectual property laws. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, scratch, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Platform shall not entitle you to make any illegal and prohibited use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use unless otherwise authorized by us. We do not grant you any licenses to our intellectual property unless otherwise provided in the Terms or individual agreement.
6. OUR MATERIALS
By posting, uploading, inputting, providing or submitting any content you are granting us to use the content in connection with the operation of our business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate the content; and to publish your name in connection with the content. Such content is an inalienable part of the Content.
No compensation shall be paid with regard to the use of your content. We shall have no obligation to publish or enjoy any content/idea you may send to us, and we may remove your content at any time.
By posting, uploading, inputting, providing or submitting content, you warrant and represent that you own all of the rights to the content.
7. DISCLAIMER OF CERTAIN LIABILITIES AND LIMITATION
THE INFORMATION AVAILABLE ON THE PLATFORM MAY INCLUDE TYPOGRAPHICAL ERRORS OR INACCURACIES. WE SHALL NOT BE LIABLE FOR THOSE INACCURACIES AND ERRORS.
WE MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, RELIABILITY, SUITABILITY, AND TIMELINESS OF THE CONTENT CONTAINED ON AND SERVICES AVAILABLE ON THE PLATFORM. TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAW, ALL SUCH CONTENT AND SERVICES ARE PROVIDED ON THE "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THIS CONTENT AND SERVICES, INCLUDING WARRANTIES AND PROVISIONS OF MERCHANTABILITY, FITNESS FOR A CERTAIN PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ENJOYMENT, DATA OR PROFITS, IN THE CONNECTION WITH THE ENJOYMENT OR EXECUTION OF THE PLATFORM IN THE CONTEXT OF THE INABILITY OR DELAY TO ENJOY THE PLATFORM OR ITS SERVICES, OR FOR ANY CONTENT OF THE PLATFORM, OR OTHERWISE ARISING OUT OF THE ENJOYMENT OF THE PLATFORM, BASED ON CONTRACT AND NON-CONTRACT LIABILITY OR OTHER REASON.
According to some laws, we bear a status of the provider of an information society service which means that upon obtaining actual knowledge or awareness of illegal activities we shall act expeditiously to remove or to disable access to the information concerned. The removal or disabling of access will be undertaken in the observance of the principle of freedom of expression and of procedures established for this purpose at national levels.
You agree to indemnify, defend and hold harmless us, our managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Platform or its Services/Content and our Services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. We have the right to assume the exclusive defense and you shall cooperate with us in asserting any available defenses.
9. TERMINATION AND ACCESS RESTRICTION
We may terminate your access and account to the Platform and its related Services or any part at any time, without notice, in case of your violation of the Terms or misappropriate behavior.
We may suspend or terminate the Platform or Services. We will notify you 1 (one) month before the suspension or termination.
The governing law of the Terms shall be the substantive laws of the country where our company is set up, except the conflict of laws rules. You shall not use the Platform in jurisdictions that do not give effect to all provisions of the Terms.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
No joint venture, partnership, employment, or agency relationship shall be implied between you and us as a result of the Terms or use of the Platform.
Nothing in the Terms shall be a derogation of our right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Platform.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and us.
The Terms constitute the entire agreement between you and us regarding the enjoyment of the Platform and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and us.
We and our affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond our reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of our control.
In case of controversies, demands, claims, disputes, or causes of action between us and you relating to the Platform or other related issues, or the Terms, you and we agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where our company is set up.
We are committed to resolving any complaints about the Terms. If you would like to make a complaint regarding the Terms or our practices in relation to your personal data, please contact us.
We will reply to your complaint as soon as we can and in any event, within 30 days. According to the applicable law, in some cases, we may prolong the term.
We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you may contact your local authority.
12. COPYRIGHT POLICY
If you are a copyright holder or its agent, and you believe that any of the copyrighted material which is directly available via the Platform or Services infringes your copyrighted work, please let us know. A notice of alleged copyright infringement may be sent to at the following address:
Notification of alleged copyright infringement shall include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
- Specific identification of each copyrighted work claimed to have been infringed;
- A description of where the material believed to be infringing is located on the Platform or the Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed or agent for the owner.
13. CONTACT INFORMATION