hicaller Terms of service
Revised August 4, 2018
Please read these Terms and Conditions carefully before using hicaller software operated by hicaller.Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
Personal Integrity & Consent to Use of Data
This application will access and upload your contacts to our servers for improving hicaller services e.g excluding already known people from the search,etc. It also accesses your call logs to let you directly search from the call logs as explained below:
For the purpose of the hicaller Services, any data shared with hicaller will only be used to link a name to a telephone number already available to the User. See further details in the hicaller Privacy Policy.
You agree that, if You have opted in to our service(By obtaining hicaller app from other sources than Apple App Store or Google Play store), we may collect, use and share certain information regarding the contacts contained in Your device’s phone book (“Contact Information”) with other Users in accordance with the hicaller Privacy Policy to provide and improve the hicaller services. By allowing Contact Information to be collected, You give hicaller a right to use that Contact Information as a part of the Service and you guarantee that you have any and all permissions required to share such Contact Information with us. You may opt-out to prevent the sharing of Contact Information at any time by immediately uninstalling the app.
You further agree and guarantee that, in accordance with the hicaller Privacy Policy, we may collect and use technical data such as Your IP address, device ID, usage data and 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 hicaller Apps.
The data shared with hicaller may also be used for the flowing purposes:To optimize search feature, e.g by excluding already known people from the search,etc.By showing you the ID of callers in your phonebook.
To let you directly search numbers from your call log list.
The hicaller Privacy Policy further describes what information You may share with hicaller and other Users and how hicaller may use and share such information.
Obligations and Restrictions to Use of Services
You guarantee that any Contact Information and other data, such as Your profile information, You may transfer to hicaller as User of the Services (together “Content”), to the best of Your knowledge, is not false or otherwise may corrupt or disrupt the Services and that you have the right to share it with hicaller and other Users.
you shall not by any commercial means use the Services or otherwise transfer for value the Services or the Content. You agree not to challenge hicaller'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 hicaller, 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, and You acknowledge and agree that hicaller is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services.
Proprietary Rights
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. hicaller and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms.
Scope of License
Subject to your compliance with these Terms at all times, hicaller grants You a personal, limited and non-exclusive right to use the Services for Your own personal, non-commercial use. This license does not allow You to use the hicaller Apps on any mobile device that You do not own or control. You may only redistribute the hicaller Apps unmodified for non-commercial purposes to a party that has agreed to these Terms. 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 hicaller Apps, 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 hicaller Apps).
The license does not allow You to use hicaller’s name, trademarks or other commercial symbols. All rights and licenses not expressly granted to You under these Terms shall be retained by hicaller.
In case You wish to use the hicaller Apps as a part of Your own application or modify the hicaller Apps, a separate agreement with hicaller is required.
No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW hicaller MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS A RESULT, THE SERVICES ARE PROVIDED "AS IS" AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.
You understand and acknowledge that hicaller 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.
hicaller 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.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT hicaller 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, even if advised of the possibility of such damages. In particular, and without limitation, hicaller shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the hicaller Apps and cease use of the Services.
hicaller 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 DONE AT YOUR OWN DISCRETION AND RISK.
hicaller controls and monitors Content made available by the Users via the Services, but can nevertheless not guarantee its origin and correctness. Therefore, You accept that You via the Services may be exposed to information that is erroneous or otherwise objectionable. hicaller shall not be liable for the Content and other information disseminated or delivered through or in connection with the Services. You agree that You shall bear all risks associated with the use of such information.
Nothing in this section Limitation of Liability shall, however, limit or exclude the Responsible Publisher’s liability under the Swedish Fundamental Law on Freedom of Expression.
Support
hicaller strives to provide adequate and efficient technical support, upgrades and updates for the Services. hicaller shall not, however, be under any obligation 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. hicaller may terminate them and Your use of the Services at any time with thirty (30) days’ advance notice. You may terminate them at any time by uninstalling the hicaller Apps and ceasing the use of the Services. 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 hicaller 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 hicaller 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 fees for 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 balance to a new device or SIM-card and no refund will be available in such cases. hicaller reserves the right, at its own discretion, to remove any remaining balance resulting from prepaid fees without any right of refund twelve (12) months from the purchase.
Provisions of sections No Warranty, Limitation of Liability, and Termination shall survive any termination of these Terms.
Assignability
hicaller reserves the right, at its own discretion, to freely assign and transfer the rights and duties under these Terms to any third party.
Additional and Changed Terms
As hicaller provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices hereto.
hicaller 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 shall always be notified thereof via publication on the hicaller website and provided the option to immediately terminate the Services. If You choose to terminate the Services, You will be refunded any prepaid credits or other prepaid fees, following a written request by Yourself, containing a receipt for any such fees and a clear payment instruction. 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.hicaller.com.
Governing Law and Protected Published Content
Your use of the Services and their various functionalities and the ensuing relationship between you and hicaller are governed by these Terms, which shall be construed in accordance with, and governed by, the laws of Sweden, excluding its choice of law rules. All disputes relating to these Terms shall exclusively be adjudicated in Sweden, with the District Court of Stockholm as the court of first instance.
Please note that certain information and other materials contained in the Services have been submitted by other Users or third parties. Such content may be unmoderated and will in such case constitute a separate database which is excluded from constitutional protection under the Swedish Fundamental Law on Freedom of Expression. Any such unmoderated information or other materials in the Services is explicitly indicated by a appropriate label to it.