Privacy Caller | Terms and conditions

1. READ THIS : This Terms of Use Agreement (“Agreement” or “Terms”) is made by and between Hack House LLC dba Privacy Caller ("Company"), at 9221 E Baseline Rd Ste 109, #615, Mesa, AZ 85209 and you, the user (“you”, “your” or “User”).

This Agreement contains the complete terms and conditions that govern the use of the Company’s mobile application (“Application”) and website(s) ("Website" or "Websites" or "Site") (collectively, “Services”). BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SERVICES, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SERVICES. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THESE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. >

THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://privacycaller.app/terms-and-conditions. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Services shall constitute your acceptance thereof.

2. PURPOSE . The Services allow users to initiate telephone calls. The initiating user is a party to these telephone calls. The Services are provided for entertainment purposes only. While some of the Services may be available for free, you can also make purchases, or undertake certain activities, to increase the Services' functionality, like increasing the number of calls you can initiate or to activate other features. Company does not guarantee refunds for any purchases. To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of these Services that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to the Services, or to any of its resources, and to terminate or suspend your access at any time.

3. USE OF SERVICES. You are solely responsible for the calls you initiate through the Services and ensuring that the calls comply with all federal and state laws applicable in the states in which you and the call recipient are located. You agree to use the Services only in compliance with these Terms in a manner that does not violate Company’s legal rights or those of any third party. You are strictly prohibited from using the Services to defraud, cause harm, wrongly obtain anything of value, send indecent or obscene content, or to annoy, abuse, threaten, harass, or make repeated telephone calls to another person. Company shall not be liable for any harm or loss caused to any person or party which arises from your use of the Services. You may not use the Services for any commercial purposes. You must be at least 13 years of age to use the Services and if you are between the ages of 13 and 18 you must have permission from your parent or legal guardian to use the Services. Company reserves the right to terminate your registration or refuse your access to the Services on discovery that any of the information provided by you is inaccurate and untrue. You must also ensure the recipient will not be offended by the call and its content. You may use the Services only for purposes expressly permitted by this Agreement. As a condition of your use of the Services, you warrant to Company that you will not use the Services for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.

Among other actions, when using the Services, you agree that you will not post, send, submit, publish, or transmit in connection with your use of the Services, or cause to be posted, sent, submitted, published or transmitted, any material that:

(i) you do not have the right to post, send or otherwise use, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
(iii) is vulgar, obscene, pornographic, incendiary, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including telephone numbers, e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content, with the intent to defraud, cause harm or wrongly obtain anything of value;
(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized by the Services;
(xii) solicits funds, advertisers or sponsors for any purpose;
(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
(xiv) amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
(xv) disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of the Services or any networks connected to the Services; or
(xvi) contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to the Services may be subject to posted limits on use, reproduction, or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content you post, send, submit, publish, or transmit in connection with your use of the Services. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.

You acknowledge that Company may or may not pre-screen materials uploaded to the Services, yet Company and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by Company in its sole discretion.

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Company will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

WHILE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK, AND THAT COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF THE SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE COMPANY CAN SUSPEND OR TERMINATE YOUR USE OF THE SERVICES IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.

4. STRICTLY PROHIBITED USES. THE SERVICE CAN NOT AND SHOULD NOT BE USED FOR 911 OR EMERGENCY CALLING. You are strictly prohibited from using the Services to call emergency lines, health care facilities, government agencies, or government officials, law enforcement, schools, numbers assigned to radio common carrier services, or any service for which the called party is charged for the call, unless the call is made with the prior express consent of the called party. You are prohibited from using the Services to call any recipient that is prohibited by law or regulation. You should use a primary telephone service in the event of an emergency. You will be charged an additional fee if you call emergency services, this may include non-emergency public service numbers. Any fines or penalties assessed to Company due to your violation of the terms stated herein will be automatically assessed to you. Calling an emergency service number may result in your account being terminated. You are prohibited from using the Services in violation of the Truth in Caller ID Act of 2009 which prohibits knowingly transmitting misleading or inaccurate caller identification information with the intent to defraud, cause harm or wrongly obtain anything of value. Those using the Services for prohibited purposes may be subject to certain identification requirements and prosecution. You shall be solely responsible for legal consequences which arise from using the Services to make prohibited phone calls.

5. RECORDING. You represent and warrant that you consent to the recording of any telephone call which you initiate through the Services and that you comply with all the laws applicable to the recording of the telephone conversations initiated through the Services, including laws applicable to the State in which you and the call recipient are located. You agree that your data may be stored by Company and may be produced before law enforcement agencies or court of law, if called upon.

6. PUBLIC POSTING. The Services may allow users to publicly post a recording from any telephone conversation initiated through the Services. If you post a recording, then you represent and warrant that you have all necessary rights and consents to make such posting. You shall not post any recordings which contain any personal information. Company shall take no responsibility for the recordings posted by you which may offend, cause harm or any kind of further damage to you or any third party. You represent and warrant that the posting of a recorded telephone conversation you initiate through the Services will not violate federal law or any law applicable to the states in which you and the call recipient are located. You agree to release Company from any liability with regard to your posting of any recordings to the Services or to any other forum. Company reserves the right to remove or delete any posting from the Services which in its sole opinion is defamatory or otherwise offensive in nature. You also agree that Company may remove or delete any posting from the Services if any objection is received from any third party with respect to your posting.

7. MAINTENANCE OR SUPPORT. Company is not under any obligation to provide maintenance or support for the Services. Company may provide maintenance or support for the Services at Company's sole discretion.

8. PAYMENT AND PAYMENT TERMS. If you make any purchases through the Application or the Services, you agree to pay all applicable fees for those purchases. Unless otherwise stated, all fees are stated in United States Dollars (USD). Company may make all or some of the Application and the Services available for free (the "Free Services"). Company does not guarantee that any portion of the Services will always be available for free and reserves the right to begin charging for any portion of the Services at any time. The Free Services may be subject to reduced functionality. For example, the Free Services may only allow users to place a limited number of telephone calls per day. Company may allow users to increase or enhance the functionality of the Application and Services by making certain purchases, including in-app purchases, or undertaking certain activities. Please review the specific terms for your applicable purchase. Prices are subject to change. In the event the Services are discontinued for any reason, purchases will terminate, and no refund will be made. We may offer free trials from time to time Company does not guarantee refunds of any additional Services which you have purchased for lack of usage or dissatisfaction. Any calls, or other purchases made through the Services are nonrefundable.

9. NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand or frame any Services without the express prior written permission of an authorized representative of Company in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Services or content accessible within the Services. For purposes of these Terms of Use, "framing" refers to displaying any Company webpage or application page within a bordered area of another website, regardless of whether the address of the originating page is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Company

10. NO UNLAWFUL ACCESS AND REFUSAL OF SERVICE. You agree that you will not use the Services in any manner that could in any way disable, overburden, damage, or impair the Services or otherwise interfere with any other party's use and enjoyment of the Services. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Services. Company reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party's intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct or unlawful activities using the Services, as determined by Company in its sole discretion.

11. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Company's Services are for your personal and non-commercial use, unless otherwise specified in writing. You may not use any Services for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company in each instance, which permission will be at Company’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Company's Services, in whole or in part.

12. DATA IMPORTATION. The Services may allow you to import contact information from a contact list or other data source created by another program not affiliated with Company. If you choose to import data into Company’s Services from any other source, you represent that you have the authority to import that data and that your importation of that data does not violate the rights or terms of any third-party and does not violate any applicable civil or criminal law.

13. USER CONTENT LICENSE. You expressly acknowledge and agree that by posting, distributing or otherwise making available through the Services the User Content, you grant to Company (and warrant and represent that you have the right to grant) a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, distribute, prepare derivative works of, or incorporate into other works, the User Content for any purpose, on any platform. The preceding rights include, without limitation, Company’s right to: (i) publicly post the recording from any telephone conversation initiated through the Services; (ii) remove or not remove any user content for any reason or no reason at all, in Company’s sole discretion; (iii) to decide whether to publish, withdraw, postpone, or alter any user content, (iv) to screen, monitor, or filter any user content, and (v) to determine, in Company’s sole discretion, whether and how long to store any user content.

14. FEEDBACK. By sending to Company any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.

15. HYPERLINKING. The Services may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed, or otherwise affiliated with the Services or Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company Website to another web page should be accessed at the User's own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site. Additionally, we suggest you review the linked site’s terms and privacy policy, and if you do not agree to be bound by the terms of that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties.

16. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS. While Company attempts to provide all Application features to all users, use of the Application and the Services may be limited for some or all users due to conditions outside of Company’s control. As a result, not all advertised features may always be available to you. Some of these conditions include, but are not limited to, the following: Your mobile device or your wireless carrier may limit the features available to you. Your data or messaging plan may limit your use of the Services. Your wireless voice and/or data signal may make access to the Applications or some of its feature intermittent or unavailable. The Application and its features may not be available in some geographic locations. Company is not liable, and expressly disclaims any representations or warranties, regarding access to the Application or its services or features through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Company does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs you incur to access the Application through your mobile device.

17. THIRD-PARTY SERVICES. The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third-parties is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party's services must be resolved directly between you and the third-party. Company disclaims all warranties or representations regarding any third-party services. Company, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.

18. RIGHT TO TERMINATE ACCESS. Company reserves the right to monitor use of the Services to determine compliance with these Terms, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever.

19. DISCLOSURE UNDER LAW. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

20. PERSONALLY IDENTIFIABLE INFORMATION. Company cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through the Services in accordance with the terms outlined in its Privacy Policy at https://privacycaller.app/privacy, as well as in conformance with all applicable laws, rules, and regulations.

21. DISCLAIMER & LIMITATIONS ON LIABILITY. Company does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems.

It is expressly understood by all users that the Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Company’s control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Services, limitations due to your particular mobile device, or any other reason which may prevent the Services from being accessible at all times. Company disclaims any liability as a result of any user's inability to access or use the Services at a particular time, location, on a particular device, or using a particular wireless provider.

Company does not and cannot guarantee that the identity, telephone number, or other personal information for the initiating caller will always remain hidden from the intended recipient. You will not necessarily always remain anonymous.

Further, Company expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, reviewed, recommended, linked to, or pictured on the Services. Company does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. Company does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Company be responsible for any loss or damage resulting from any person's reliance on any such product or service descriptions, reviews, or specifications contained on the Services.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

22. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF THE SERVICES OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES.

23. INTELLECTUAL PROPERTY RIGHTS.
Ownership. We hold and retain all and any title and interest in and to the Services, as well as in any intellectual property right associated with the Services and, therefore, nothing in these Terms will be interpreted as a transfer, in whole or in part, of rights in the Services to You or any other third party. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property and other similar proprietary rights in any jurisdiction, whether owned or held for use under license, whether registered or unregistered, including such rights in and to: (i) trademarks, service marks, certification marks, logos, trade names, and the goodwill associated with the foregoing; (ii) patents and patent applications, and any and all divisions, continuations, reissues, reexaminations, and extensions thereof; (iii) writings and other works of authorship; (iv) trade secrets, business, technical and know-how information, business processes, non-public information, proprietary information and confidential information, and rights to limit the use or disclosure thereof by any person; (v) software, including data files, source code, object code, application programming interfaces, databases and other software-related specifications and documentation; (vi) domain names, uniform resource locators, and Internet addresses; (vii) any and all technical information, software, specifications, drawings, records, documentation, ideas, knowledge, invention disclosures or other data; (viii) claims, causes of action and defenses relating to the enforcement of any of the foregoing.

Your Obligations. You may only use the Services for your own personal use. You may not use the Services for any commercial use. You may not use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in creating, developing or implementing the Services, including updates or modifications thereto. Without limiting the foregoing, You shall have no rights to receive any source code for the Services and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code from the Services for any purpose.

Prohibitions. You must not do, or permit others to do, any of the following: (a) copy or modify the Services in any way, except as expressly permitted in these Terms; (b) remove or modify the Services’ copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Services’ source code or object code or other runtime objects or files distributed with the Services; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Services; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Services, in any form, to any third party; (f) use the Services to process the data of third parties; or (g) use, install, or make available the Services, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP). In addition, You will not violate or attempt to violate the security of the Services’ networks or servers, including accessing data not intended for You, logging into a server or account which You are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization, or attempting to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing.

24. COPYRIGHT INFRINGEMENT/DMCA NOTICE. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Services;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Company's Copyright Agent for notice of claims of copyright infringement on its Websites can be reached as follows:
Copyright Agent:
Hack House LLC
Attn: Copyright Agent
PO Box 230485
Portland, OR 97281
E-mail: [email protected]

After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.

Counter-Notification. If you posted or submitted material which Company removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification.

25. SECURITY. Any passwords used for the Services are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Company may require that you change your password. You are prohibited from using any services or facilities to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

26. TERMINATION. You may terminate these Terms at any time by closing your account, discontinuing your use of the Services, and uninstalling the Application. Please review these Terms and our Privacy Policy for information about what we do with your account when terminated. We may terminate your account, suspend your ability to use certain portions of the Services or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, your User Content, other content on the Services, or any other related information. In the event of any termination of these Terms, any provisions by which their nature should continue following termination of these Terms shall so continue.

27. PRIVACY. The Services are governed by the Company Privacy Policy which is incorporated into these Terms by this reference. Please read the Privacy Policy before accessing the Services or providing any personal information through the Services.

Company may contact you via any method of communication you submitted through the services, including, but not limited to, email, cell phone, or text message. By providing Company your contact information, you agree to receive communications from Company.

28. ADVERTISEMENTS. Company may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. Company may place advertisements on the telephone calls initiated through the Services. You agree that Company may place advertising on the Services, and you agree not to block such advertising.

29. SPECIAL ADMONITIONS FOR INTERNATIONAL USE. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other state or local laws affecting the transmission or posting of content or affecting the privacy of persons. Be aware that calls initiated outside of the United States may result in higher credit per minute of usage and changes to the amount of credits for each country can vary without prior notice.

30. DISPUTES.

A. Dispute Resolution Procedures: Should a dispute, controversy, or claim (each, a “Dispute”) develop between the parties under this agreement (including without limitation, one respecting the validity, material breach, suspension, or termination hereof), the procedures set forth in Subsections (B) through (D) below shall apply (collectively, the “Procedures”). The Procedures shall be the exclusive mechanism available to the parties for resolving Disputes hereunder.
B. Negotiation: In the event of a Dispute, the Parties must first attempt to informally negotiate and resolve their conflict through meeting(s) between each party’s representative(s) with decision-making authority. If, after twenty-one (21) days following the commencement of negotiations, and the Parties have failed to resolve the Dispute, the Parties may seek resolution by mediation as more fully set forth in Subsection (C), below. All negotiations commence upon the provision of written notice from one party to the other party identifying the Dispute and requesting the opportunity to negotiate a resolution. Either party may seek equitable relief, such as an injunction, prior to or during the negotiations in order to preserve the status quo and protect its interests during the process. All communications, whether oral or written, are confidential and will be treated by the parties as compromise & settlement negotiations for the purposes of the Federal Rules of Evidence as well as any applicable, corresponding state rules. Notwithstanding the foregoing, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in negotiations.
C. Mediation. Subject to Subsection (B), above, the Parties may submit the Dispute to confidential mediation for a good faith resolution. The mediation must be administered by the American Arbitration Association under its Commercial Mediation Rules and shall take place in Portland, Oregon. The version of the rules that should apply are those then in effect at the time of the Dispute. If the aforementioned mediation service is no longer available for any reason at the time of the Dispute, the parties shall mutually agree upon an alternative, comparable service, yet must first use the named service’s successor, if one exists. The mediation shall commence upon the Parties’ provision of a joint, written request for mediation to the mediation service. Such request shall include a sufficient description of the Dispute and relief requested. Each party shall cooperate with the mediation service in all reasonable respects and participate in good faith wherever required. Mediation fees and expenses shall be borne equally by each of the Parties. All communications, whether oral or written, are confidential and will be treated by the Parties as compromise and/or settlement negotiations for the purposes of Federal Rule of Evidence 408 as well as any applicable, corresponding state rules. Notwithstanding the foregoing, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief, such as an injunction, prior to or during the mediation in order to preserve the status quo and protect its interests during the process. If, after the earlier of: (i) sixty (60) days following the commencement of a mediation hereunder; or (ii) completion of the initial mediation session, the Parties have still not come to a resolution for any reason (including a failure to actually mediate), they shall seek to resolve the Dispute by binding arbitration or litigation as more fully set forth in Subsection (D), below. Until such time, neither binding arbitration nor litigation may be pursued by the parties.
D. Arbitration or Litigation. Subject to Subsections (B) and (C), above, either party may commence neutral, binding arbitration or file a lawsuit in a court of competent jurisdiction. If arbitration is selected, it shall be conducted on a confidential basis and shall take place before the American Arbitration Association under their Commercial Arbitration Rules in Portland, Oregon. The version of the rules that should apply are those then in effect at the time of the Dispute. Each party shall cooperate with the arbitrator in all reasonable respects and participate in good faith wherever required. Final and binding judgment upon any award rendered by an arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable, outside attorneys’ fees and related costs. Either party may seek equitable relief, such as an injunction, prior to or during an arbitration or litigation in order to preserve the status quo and protect its interests during the process.
E. Choice of Law; Venue. You agree that any dispute shall be governed by the laws of the State of Oregon, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Portland, Oregon in connection with any dispute between you and Company arising out of or involving this Agreement and your use of the Services.

31. MISCELLANEOUS

A. If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of the Services.
C. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to Company's Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Services. Company may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Services after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
D. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company.
E. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Please report any violations of this Agreement to the Company at [email protected]. If you have any questions regarding this Agreement please email us at [email protected].

Terms of Use for Privacy Caller Mobile Application and Website