inCaller Management Pte. Ltd., (“inCaller”) develops inCaller a rich media communication tool designed to enhance users voice communications with various media enhancements (collectively, the “Services”).
This Agreement sets forth the Terms and Conditions of Use that apply to the use of the Application and Services. You agree to comply with all of the Terms contained in this Agreement and other documentation provided by inCaller. The right to use the Application and Services in conjunction with your account is personal and exclusive to you and is not transferable to any other person or entity. You understand and acknowledge that due to circumstances both within and outside of the control of inCaller, access to the Application and Services may be interrupted, suspended or terminated from time to time.
Should you object to any terms, policies, or any subsequent modifications or become dissatisfied with the Application in any way, your only recourse is to immediately uninstall and discontinue use of the Application and Services. inCaller has the right, but is not obligated, to strictly enforce these Terms and Conditions of Use through self-help, active investigation, account suspension, or litigation.
The inCaller name, logo, design, copy, graphics and other information within the Application, Services or featured on inCaller websites are the exclusive intellectual property of inCaller Management Pte. Ltd. or is used with express permission of the copyright and/or trademark owner. Any transmitting, copying, posting, distributing, or other modification of the Application or inCaller intellectual property without the express written permission of inCaller is strictly prohibited. Any violation of this policy may result in a copyright, trademark, patent or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Accept as otherwise noted in this agreement or in the Application, any and all material provided by inCaller is protected by copyright as a collective work under international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of material is permitted without the express written consent of inCaller except as provided by law.
inCaller trademarks used in the Application or used on any website otherwise owned or operated in conjunction with the Application are the exclusive property of inCaller.
By transmitting material via the Application you warrant that you are the owner of such material and under no obligation, contractual or otherwise which would prevent you from granting inCaller a license to use the material.
The foregoing provisions of this Section apply equally to and are for the benefit of inCaller, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the inCaller agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at email@example.com or:
Please provide our Agent with the following Notice:
inCaller will remove the infringing content, subject to the procedures of the Digital Millenium Copyright Act (DMCA).
All activity using the Application must be for lawful purposes only. Any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without inCaller’s express prior, written approval, contains advertising or any solicitation with respect to products or services, will be deemed a violation of this Agreement.
You shall not conduct yourself in such a way as to restrict or inhibit any other user from using or enjoying the Application. Such conduct includes, but is not limited to, political, religious, commercial, or non-commercial solicitation. Any solicitation of Users of the Application to use other services directly or indirectly competitive or potentially competitive with inCaller, including but not limited to hyperlinks and comments, is strictly prohibited.
You agree not to collect any user information for any unlawful purpose; stalk or otherwise harass anyone via the Application.
inCaller is not responsible for, and makes no warranties or representations with respect to, any user or their conduct. You are solely responsible for your interactions with any other user and your reliance on any communications with any other user. You are responsible for your own conduct and use of the Application.
The provisions in this Section apply equally to and are for the benefit of inCaller, its subsidiaries, affiliates and its third party content providers and licensors.
USE OF THE APPLICATION AND SERVICES IS AT YOUR SOLE RISK. THERE IS NO WARRANTY PROVIDED BY INCALLER, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE PROVIDED THROUGH THE APPLICATION.
THE APPLICATION IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT INCALLER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL INCALLER, ITS EMPLOYEES, AGENTS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER INCALLER, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF CONTENT TRANSMITTED VIA THE APPLICATION OR FOR ANY CLAIMS OR LOSSES YOUR INABILITY TO ACCESS THE APPLICATION. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
INCALLER IS NOT RESPONSIBLE FOR ANY CONTENT YOU TRANSMIT VIA THE APPLICATION. ANY CONTENT TRANSMITTED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE BLOCKED BY INCALLER. MOREOVER, INCALLER RESERVES THE RIGHT TO DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURSIDICTONS, SOME OF THE FOREGING LIMITATIONS MAY NOT APPLY TO YOU.
You understand that all communications, messages, texts, files, images, photos, video, sounds, or other materials transmitted through the Application, which are not provided as content from inCaller, such as built-in stickers, etc. are the sole responsibility of the person from whom such content originated. More specifically, if you use your own content you are entirely responsible for each individual item of content that you post, email or otherwise make available via the Service.
inCaller does not control, and is not responsible for content transmitted through the Application or Service, and by using the Application or Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Under no circumstances will inCaller be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content transmitted via the Application or Service.
You acknowledge that inCaller does not pre-screen or approve any transmissions, but that inCaller may remove accounts, block contacts, block IP addresses, at any time at its discretion. inCaller has the right, but not the obligation, to monitor users of the Application at all times, to ensure compliance with the Terms, as well as to satisfy any applicable law, regulation or authorized government request.
inCaller may terminate this Agreement at any time at its sole discretion. inCaller shall not be liable to you or any third-party for any termination of access to the Service.
By using the Application and Services, you have hereby granted to inCaller a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication to other designated users, and to sublicense such rights through any amount of sublicensees.
inCaller grants you a limited, revocable, nonexclusive license to access the Application and Services for your own personal use.
Use of the Service beyond the scope of authorized access granted to you by inCaller immediately terminates your permission or license.
You agree to indemnify and hold inCaller, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Application or Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The Application may include the distribution of information supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other users are those of the respective author(s) or distributors and not of inCaller. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through inCaller. Under no circumstances will inCaller be liable for any loss or damage caused by your reliance on information obtained through inCaller. You access linked third party information and services at your own risk.
You acknowledge that inCaller may establish limits concerning use of the Application or Service. You agree that inCaller has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Application. You acknowledge that inCaller reserves the right at any time to modify or discontinue the Application or Service (or any part thereof) with or without notice, and that inCaller shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Service.
Please report any violations of the Terms to: firstname.lastname@example.org.
inCaller’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for inCaller to pursue legal action to enforce these Terms, inCaller retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a single arbitrator. The place of the arbitration will be at the sole discretion of inCaller. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
This Agreement and the rights of the parties hereunder shall be governed and construed in accordance with the laws of Singapore, exclusive of conflict or choice of law rules. In the absence of party agreement, the tribunal will apply the law or rules of law that it determines to be most appropriate. In all cases the tribunal will take account of the provisions of the Agreement and the relevant trade usages.
In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
These Terms constitute the entire agreement between you and inCaller and govern your use of the Application and Service, superseding any prior agreements between you and inCaller.
No waiver by inCaller of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The section headings of the Terms used herein are for convenience only and shall be of no legal force or effect.
If any provision of the Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions and the remaining portions of the Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under the Terms shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
This Agreement and any legal issues arising out of, but not exclusive to the use of the Application or Services are governed by and in accordance with the laws of Singapore without regard to its conflict of law provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By using the Site or Service, you agree that any dispute or claim arising out of or in connection shall be subject to the jurisdiction of the courts of Singapore.