Policy effective date: Oct 23, 2018
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING P&S ("PRODUCTS OR SERVICES OF IWAYTECH PTE LTD"). BY DOWNLOADING, INSTALLING, OR USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT USE THE PRODUCT AND SERVICE.
This user agreement is between you ("you"), as either an individual or as a business entity, and us ("IWAYTECH PET LTD"). XCall is not designed to the person under 13 years old, who shall stop using XCall and its services and shall delete all the files if it is already installed. In exchange for your use of the Product and Service, you agree as follows:
You acknowledge that you have only a non-exclusive and limited right to use the object code version of the product on the personal or non-commercial purposes. You may make a single copy of the product in object code form for archival or backup purposes. You shall include all notices on all copies of the products. You may not reverse engineer, crack, decompile or disassemble the product or attempt to gain access to the source code for the product, except and only to the extent that it is expressly permitted by applicable law, and, to the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
You will not transfer or assign the product or this UA (User Agreement) and/or any rights or obligations hereunder without the prior written consent of XCall.
Your rights under this UA will automatically terminate if you breach any of items under this UA. Upon violation of the UA, XCall can, in our sole discretion, disable your account for a while or permanently. Upon any termination of this UA, you will destroy all copies of the product promptly.
All rights not expressly granted are reserved by us.
You shall register an account and submit the required information for access to the product and service. You shall provide your personal data to XCall and make sure that the data are accurate and complete. You shall be responsible for safeguarding the password or credentials that you use to access the product and service and for any activities or actions under your account. We cannot and will not be liable for any loss or damage arising from your failure to manager your account.
XCall reserves the right to terminate a registered account if you are in violation of any or whole items of this UA or conduct any infringement on third party right or you are in violation of any applicable laws and regulations.
By using the product, you may call other users for free. In exchange with free call, you should earn credits by downloading recommended apps or watching advisements provided by XCall or our business partner. You shall warrant and guarantee to comply with the call feature guidelines stipulated by us.
You are prohibited from earning XCall's credits unduly through any deceptive means, whether technological or not, including but not limited to:(1) providing virtual number to XCall for registration to earn credits; (2)using plug-ins or any other similar program to simulate a click or request to the advertisement in order to generate fraudulent credits.(3)tampering maliciously with the MCC(Mobile Country Code) of you mobile device to trick the XCall server for fraudulent credits, etc.
You may be charged for using some specified feature as stated in our product. In the event that you do not want to use or pay for such service, you shall not make any payment. Any payment from you for the service will be deemed your consent to use the service and the charge.
For the purpose of payment, XCall may provide you with the third payment services platform. When you start the payment procedure, you will leave our product and for payment purpose you may be required to provide your information to the third party service platform, you acknowledge and agree that any activity on third party payment platform shall not be liable by us and you shall be responsible for the decision and activity on the third-party service platform.
Neither XCall, nor its affiliates, subsidiaries will have any liability for any claim based upon or arising out of :(1) intentional or negligent acts of anyone other than us; or(2) the combination, operation or use of the product with any equipment, devices or software not supplied by XCall, or(3) the alteration or modification of product.
XCall does not represent or warrant that XCall will operate without interruption or will be error free. Especially in the following cases: (1) modification or alteration of the product made without the prior written approval of XCall, and(2) accident, neglect, misuse or abuse, or (3) exposure to conditions outside the range of the environmental, power and operating specifications provided by XCall.
To the full extent permitted by applicable laws or regulations, this section states the entire liability of XCall, its affiliates, subsidiaries and your sole remedy with respect to any claim of infringement.
Except as expressly set forth in this UA, neither XCall, its affiliates， subsidiaries make any other warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. XCall, its affiliates, subsidiaries expressly disclaim all warranties not stated in this UA. Any implied warranties that may be imposed by law are limited to the terms contained in this UA to the maximum extent permitted by law.
You understand, agree that upon submitting or posting you content on or through XCall and its service, such content may be distributed, viewed and accessed and commented by others. XCall will not be responsible for or hold liable for any use of your content.
You hereby represent and warrant that you legally have the rights, power or authority to your content and to grant the rights as set forth in above. You also represent and warrant that your content and your or any other's use of your content will not infringe, misappropriate the third party intellectual property rights, rights of publicity or privacy, or will not be in violation of any applicable law and regulation.
Any user and the user's content of XCall and its service shall be prohibited from:
Sexually Explicit Material: Contents contain pornography are prohibited; this includes sexually explicit or erotic content, icons, titles, or descriptions.
XCall has a zero-tolerance policy against child sexual abuse imagery. If we become aware of content with child sexual abuse imagery, we will report it to the appropriate authorities and delete the submitting Accounts.
Violence and Bullying: Depictions of gratuitous violence are not allowed. User Content shall not contain materials that threaten, harass or bully other users.
Hate Speech: User Content shall not advocate against groups of people based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity.
Sensitive Events: User Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event are not allowed.
Any user of XCall shall not use this product and its service in unlawful activities.
Infringement on third party's rights, including copyright, trademark, privacy and publicity rights are prohibited.
We reserve the right from time to time to remove and refuse to post, distribute any User Content on the Product at XCall's sole discretion. We also are entitled to suspend or terminate the account posting contents failure to be in compliance with this UA without any liability.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of XCall, its users and the public. Notwithstanding the foregoing, XCall does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
You may post reviews, comments, and other contents in XCall as long as such materials is/are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, or any form of "spam". XCall takes no responsibility and assumes no liability for any content or comment posted by you or any third party but reverses the right to remove the illegal contents or comments at all the time.
Copyright Policy. You should not use XCall for infringement on the intellectual property rights of others, (including without limitation to patent, trademark, trade secret, copyright, and other proprietary rights), and if you, the copyright owner or an authorized representative, believe that any content infringes on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the information as follows:
A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
Identification of the copyright claimed to have been infringed;
Identification of the material that is claimed to be infringing, and where it is located in the product;
Information reasonably sufficient to permit the service provider to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
This UA constitutes the entire agreement between you and XCall with respect to the subject matter hereof and supersedes all previous and contemporaneous written and oral representations, proposals, negotiations and communications, including, without limitation, the terms and conditions of any purchase order.
XCall may assign this UA or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to you. The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder. The invalidity or unenforceability of any provision of this UA will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
XCall will not be responsible for any failure to perform its obligations under this UA due to circumstances beyond its reasonable control， including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or accidents. You agree that XCall will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and Confidential Information of itself and its Licensors, including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee.
This UA will in all respects, be governed by and construed and enforced in accordance with the laws of People's Republic Of China (PRC) (without giving effect to any choice or conflict of laws). Any dispute arising from or in connection with this UA or the product and service shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
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a. Personal Information.
We do not collect Personal Information. "Personal Information" is information that identifies you or another person, such as your first name and last name, physical addresses, email addresses, telephone, fax, SSN, information stored within your device.
b. Contact List information.
When activating the Service on the user's mobile terminal, a request to read the contact book of your terminal will be issued by XCall. In order to: call your contacts from the applications; see the name of contact as it appears in your address book when you receive or make a call; All of this information in your contact book remains in the Terminal and is not sent to our servers. you can refuse the use of your address book and call by dialling the phone numbers of the persons you call.
c. Non-personal Information.
We collect your non-personal information when you visit our website, including your device information, operation system, logs, which would not identify you.
d. Information you provide.
We may collect your information when you communicate with us or you give us.
a. Personal Information.
We do not store Personal Information and therefore we do not disclose your Personal Information.
b. Contact List information.
We do not store Contact List information and therefore we do not disclose your Contact List information.
c. Non-Personal Information.
We do not sell, trade, or otherwise transfer to outside parties your information. We do not combine Non-Personal Information with Personal Information (such as combining your name with your unique User Device number).
d. Legal Reasons
We may access, use or disclose your information with other organizations or entities for reasons that required by any applicable law, regulation, legal process or enforceable governmental request; detect, prevent, or otherwise fraud, security or technical issues; protect against harm to the rights, property or safety of us, our users or the public as required or permitted by law.
We are very concerned about safeguarding the confidentiality of your information. We do not collect Personal Information, and we employ administrative, physical and electronic measures designed to protect your Non-Personal Information from unauthorized access and use. Please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorized access or use of your Non-Personal Information which is impenetrable.
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) on or through an Application, the Services or the Site or otherwise to us.
Individual rights for users live in the European Economic Area, United Kingdom, and Switzerland, we provide you with the rights described below when you use our Services. Please contact us at zzxy.zzczll@gmail.com if you would like to exercise your rights under applicable law. When we receive an individual rights request from you, please make sure you are ready to verify your identity. Please be advised that there are limitations to your individual rights. We may limit your individual rights in the following ways:
Where denial of access is required or authorized by law;
When granting access would have a negative impact on other's privacy;
To protect our rights and properties; and
Where the request is frivolous or burdensome.
a. Right to withdraw consent
If we rely on consent to process your personal information, you have the right to withdraw your consent at any time. A withdrawal of consent will not affect the lawfulness of our processing or the processing of any third parties based on consent before your withdrawal.
b. Right of access and rectification
If you request a copy of your personal information that we hold, we will provide you with a copy without undue delay and free of charge, except where we are permitted by law to charge a fee. We may limit your access if such access would adversely affect the rights and freedoms of other individuals. You may also request to correct or update any of your personal information held by us, unless you can already do so directly via the Services.
c. Right to erasure (the “Right to be Forgotten”)
You may request us to erase any of your personal information held by us that: Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
d. Right to restriction
You have the right to restrict our processing your personal information where one of the following applies:
You contest the accuracy of your personal information that we processed. We will restrict the processing of your personal information, which may result in an interruption of some or all of the Services, during the period necessary for us to verify the accuracy of your personal information;
The processing is unlawful and you oppose the erasure of your personal information and request the restriction of its use instead;
We no longer need your personal information for the purposes of the processing, but it is required by you to establish, exercise or defense of legal claims; or
You have objected to processing, pending the verification whether the legitimate grounds of our processing override your rights.
We will only process your restricted personal information shall with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will inform you if or when the restriction is lifted.
e. Right to object to processing
You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal basis of consent, contract or legitimate interests. We can continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
f. Right to data portability
If we process your personal information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another “controller”, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others.
g. Notification to third-parties
If we share your personal information with third parties, we will notify them of any requests for rectification, erasure or restriction of your personal information, unless this proves impossible or involves disproportionate effort. Upon your request, we will identify such third parties.
h. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal or similarly significant effects on you, unless an exception applies under applicable law.
i. Right to lodge a complaint
If you believe we have infringed or violated your privacy rights, please contact us at zzxy.zzczll@gmail.com so that we can work to resolve your concerns. You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.
# Contact
If you have any questions or comments about this, please contact us:
zzxy.zzczll@gmail.com