Effective date: 6 June 2020
For non-residents of EU, EAA and Switzerland
If you reside outside the European Union (EU), European Economic Area and Switzerland (“Europe”), You are entering into these Terms of Service with Unoideo Technologies Pvt Ltd. If you reside in Europe the applicable terms are available below.
Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.
1. PERSONAL INFORMATION
2. GRANT OF RIGHTS
Except as otherwise agreed separately in writing between us or as set forth in the API License Addendum and subject to Your compliance with these Terms at all times, Unoideo grants You a personal, non-exclusive, non-transferable and limited right to use the Services for Your own personal, non-commercial use. You are not allowed to use the Unoideo Services on any device that You do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Unoideo software applications, 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 expressly permitted by these Terms or may be permitted by the licensing terms governing use of any open source components included in the Unoideo software applications).
You are not granted any right to use Unoideo’s name, trademarks or other commercial symbols. All rights not expressly granted to You under these Terms shall be retained by Unoideo.
In case You wish to use any part of the Services as a part of Your own application or modify any part of the Services, such use is subject to Unoideo’s prior written approval and that You enter into a separate license agreement with Unoideo. Any API, commercial or enterprise use of the Services shall be governed by the API License Addendum or such other separate agreement as may be required by Unoideo.
Unoideo strives to provide adequate and efficient technical support, upgrades and updates for the Services. Unoideo shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time.
4. USER OBLIGATIONS AND RESTRICTIONS
You guarantee that any information and other content, such as Your profile information and information regarding the contacts contained in Your device’s phone book, that You may share with Unoideo as a User of the Services (together “Content”), to the best of Your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with Unoideo in order for Unoideo to provide the Services and share the Content with other Users.
Except as otherwise agreed separately in writing between us, or as set forth in the API License Addendum, You shall not make any commercial use of the Services or the Content or otherwise transfer for value the Services or the Content. You agree not to challenge Unoideo's rights in, or otherwise attempt to assert any rights in, the Services or any Content provided by other Users, except those rights explicitly granted under these Terms. You agree to use the Services and Content only as expressly permitted under these Terms.
You agree not to use the Services, Content or information to attempt to circumvent the regular operation of the Services, or reduce the fees or consideration that we may derive from the Services by any means including by creating multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to by-pass the Services or compete with us.
Scraping of any information contained in the Services, by use of automated systems or software to extract data, including any Content and any third party information accessible via the Services, is strictly prohibited.
You may not use the Services or the Content in any way, which is illegal, harmful, or may be considered offensive by Unoideo, other Users or third parties. You agree not to exploit the Services or the Content in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You further agree not to use our Services or Content 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 Unoideo 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. Notwithstanding any other remedies available to Unoideo, You agree that Unoideo may suspend or terminate Your use of the Services without notice if You use the Services or the Content in any prohibited manner, and that such use will be deemed a material breach of these Terms.
You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. If You obtain access to any subscription based Services in breach of these Terms, we reserve the right to cancel such subscription without any refund of fees in accordance with applicable law.
You may contact Unoideo at support@Unoideo.com to report any violation or infringement of Your rights by Users of the Services.
5. PROPRIETARY RIGHTS
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unoideo and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed to You except as contemplated herein.
You are solely liable for any content that You post or communicate directly in or on the Services and You agree to only post or communicate content that:
1. is true and not false or misleading;
2. is not likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;
3. belongs to You, or which You have a right to distribute;
4. does not constitute an infringement of the intellectual property or privacy rights of any third party;
5. does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information);
6. does not contain any unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; and
7. does not contain software virus or any other technology that may harm the Services, or the interests or property of our Services or the other Users of the Services.
8. is accurate, fair, and is not disparaging of us, the Services or other Users. Further, You agree to be fair, accurate and non-disparaging while reporting numbers, leaving comments, suggestions, feedback, testimonials and reviews on or about the Services.
Unoideo appreciates the opportunity to be notified of any objectionable user generated content posted or communicated by a User directly in or on the Services. Please contact us at support@Unoideo.com to report any objectionable user generated content. Unoideo hereby reserves the right in its absolute discretion to remove any user generated content from the Services.
7. THIRD PARTY CONTENT
The Services may contain links to external content provided by third party websites and services. Such third party content, websites and services may be subject to the respective third party terms and conditions and Unoideo will not be liable for any such third party content, websites or services.
8. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Unoideo MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SERVICES ARE PROVIDED “AS IS” AND YOU AGREE THAT THE SERVICES ARE USED AT YOUR OWN RISK.
You understand and acknowledge that the Services may be unavailable from time to time and that Unoideo will not be liable for Your inability to use the Services for whatever reason.
Unoideo makes no warranty or representation that the Services are available for use in any particular location. To the extent You choose to access and use the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws in connection with such access and use of the Services.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT Unoideo 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, Unoideo 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 Unoideo applications and cease to use the Services.
Unoideo SHALL NOT BE LIABLE FOR THE VALIDITY, RELIABILITY OR CORRECTNESS OF THE CONTENT AND INFORMATION PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE CONTENT AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK.
Nothing in these Terms shall limit or exclude our liability for any liability that mandatorily cannot be limited or excluded by law, including any rights You may have as a consumer under mandatory consumer law.
Unoideo offers certain features or services for which a fee will be payable (“Paid Services”). Your purchase of the Paid Services may be subject to foreign exchange fees or differences in prices based on location. If You purchase or subscribe to such Paid Services, You agree to pay us the applicable fees (“Unoideo Fees”) and taxes in accordance with the applicable third party payment and billing terms, based on the platform You are using, which are incorporated herein by reference. You will be charged the applicable fees and taxes during the subscription period unless You cancel the Paid Service, in which case You agree to still pay these fees through the end of the applicable subscription period. We may change the Unoideo Fees from time to time by posting the changes in or on the Services or by notifying You in advance. All fees are, except as otherwise expressly provided herein or as required by applicable law, non-refundable. Failure to pay these fees may result in suspension or termination of your Service or subscription.
Depending on what platform You are using, prepaid fees for the Services may be connected to Your device as well as its phone number. Therefore, in some cases, if You change the 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. Any remaining balance of prepaid fees not used within twelve (12) months from the purchase will expire without any right of refund.
You acknowledge that You are fully responsible for the Internet connection and/or mobile charges that You may incur for using our Services. Please consult Your carrier, mobile operator, etc. for further information.
Your right to use the Services continues until these Terms are terminated. Unoideo may terminate the Terms and Your use of the Services at any time with thirty (30) days’ advance notice. You may terminate the Terms at any time by uninstalling the Unoideo applications and ceasing the use of the Services. These Terms will automatically terminate if You fail to comply with them. Upon any termination, You agree to cease using the Services. Upon termination by You, or by Unoideo due to Your breach of these Terms, You will not be refunded any license fees or other prepaid fees, if any. Upon termination by Unoideo without cause, You will be refunded any unused prepaid fees upon Your written request, provided a receipt of such fees and a clear payment instruction are included in Your request.
Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination and Governing Law shall survive any termination of these Terms.
Unoideo reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
13. ADDITIONAL TERMS AND CHANGES
As Unoideo provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices and incorporated hereto.
Unoideo may change the Services at any time, such as by adding or removing features or discontinuing the Services. Unoideo also reserves the right to modify 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 and provided the option to immediately terminate the Services. If You choose to terminate the Services, You will be refunded any unused prepaid fees upon Your written request, provided a receipt of such fees and a clear payment instruction are included in Your request. 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 https://www.Unoideo.com/terms-of-service#row. Any continued use by You of the Services following publication or notification of revised Terms shall constitute Your acceptance to the revised Terms.
14. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of India. You agree that any legal action or proceedings may may be brought exclusively in the competent courts/tribunals having jurisdiction in Bengaluru, India and both Unoideo and You irrevocably submit to the jurisdiction of such courts/tribunals.
Effective date: 6 June 2020
If you are not resident in the EU, EEA and Switzerland please go above.
DATA CONTROLLER AND CONTRACTING PARTY
If you reside in the European Union (EU), European Economic Area and Switzerland (“Europe”), You are entering into the Terms of Service with Unoideo technology Pvt Ltd, India will be the controller of Your personal information. If you do not reside in Europe the applicable terms are available above.
In simple terms:
We process Your profile data (name, phone number etc.) and information about Your activity on the Unoideo application, webpage including device information, IP address and location to provide, improve, analyze and personalize the Services for You. We have enhanced our privacy center to provide You with more ability to access and control Your data.
Subject always to obtaining your prior consent, we may:
provide your information to third parties (such as Google and advertising networks) to serve more relevant advertisements or special offers and promotions to You. Allow other Users, at Your option, to either obtain your contact details or send a message to You to request Your contact details.
We do not:
Store or share any personal information of contacts from Your address book provide reverse number look up of contacts from Your address book.
1. WHAT PERSONAL INFORMATION WE COLLECT
1.1 USER PROFILE
When You create a user profile in the Services and confirm being the holder of a certain number, Unoideo will collect the information provided by You. In order to create a user profile, You must register Your first name, last name, phone number and / or email id. Additional information that may be provided at Your option include, but is not limited to, photo, gender, street address and zip code, country of residence, email address, professional website, Facebook page, Twitter address and a short status message. Unoideo may supplement the information provided by You with information from third parties and add it to the information provided by You e.g. demographic information and additional contact information that is publicly available. If You register for a Paid Service, Unoideo will collect Your payment and billing information.
1.2 INSTALLATION AND USE
Some information, including, but not limited to, usage information and other information that may arise from Your interaction with the Services, cannot be used to identify You, whether in combination with other information or otherwise and will not constitute personal information for the purposes of this Policy.
1.3 THIRD PARTY SERVICES
You may provide us with Your user identifier information regarding, or to enable Your usage of, certain third party services (together with a mapped photo where applicable) e.g. social networking services and payment services, in order for the Services to interoperate with such third party services. You may use such third party services to create Your user profile or log in to our Services, share information with such third party services, or to connect Your user profile with the respective third party services. Such third party services may automatically provide us with access to certain personal information retained by them about You (e.g., your payment handle, unique identification information and information about the advertisements You have been shown or may have clicked on). You may be able to control the personal information You allow us to have access to through the privacy settings on the respective third party service. We will never store any passwords created for any third party services.
1.4 OTHER INFORMATION YOU MAY PROVIDE
You may provide us with various information in connection with Your interaction with our Services. For example, You may through tagging functionality associate a phone number / email id, that is not registered in the Unoideo database or belongs to a User, with a business or name and You may report a phone number / email id as fraud, good or spam or some other attribute to be included in fruad, good or spam information directories. Unoideo may also from time to time offer You the opportunity to provide information on Your experience from using the Services or to participate in contests, surveys or other promotions. Unoideo will collect the information You provide in connection therewith, as well as any other information You provide through the Services or when You communicate or interact with us.
2. HOW WE USE YOUR PERSONAL INFORMATION
2.1 PROVIDE, IMPROVE AND PERSONALIZE OUR SERVICES
Unoideo may use the personal information collected to provide, maintain, improve, analyze and personalize the Services to its Users, partners and third party providers. More specifically, Unoideomay use such information to:
provide fraud / spam or good profile / caller ID or not dialer and messaging functionality that, among other features, allow for population of unidentified numbers and other data in call or message logs, display the name associated with a certain number for incoming or outgoing calls and messages or following a manual number search against the Unoideo database;
display the number associated with a certain name following a manual name search against the Unoideo database, subject to that name searches will only produce a number linked to the name if the number is available for search in a public database or relates to a User who has made his or her name available for search, provide Your information to the person You reach out to when requesting a contact via the Unoideo name search service, in which case Your request will be forwarded to that person via an SMS / Push notification and he/she may choose whether or not to share the phone number with You at his/her own discretion.
display information based on connections a User may have in common, directly or indirectly, with other Users via a “social graph” algorithm, display the “who viewed my profile” and “availability” functionalities of the Services;
send in application push notifications and reminders and deliver messages via the Services, in which case Your messages will be kept for a limited period of time in order to deliver the messages but Unoideo will not, unless specifically stated, monitor the content of Your messages;
maintain User fraud, good and spam lists and build a community based spam information directory;
enable You to use and share Your information in connection with Your registration, login or other use of third party services e.g. payment service providers, online services, social networking sites and other third party API’s;
provide customer support, respond to Your queries, investigate and resolve issues related to the Services;
otherwise improve our Services, business and operations.
2.2 STATISTICAL DATA FROM THE SERVICES
We use aggregated or anonymized personal information for statistical and analytical purposes. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise. We may collect, use, transfer, and disclose non-personal information for any purpose.
2.3 PERSONALIZE OUR ADVERTISING AND COMMUNICATIONS
Subject to the choices You make upon registration and in Your settings at any time, we may use the information collected, as set out above, to provide You with location and interest based advertising, marketing messaging, information and services. We may also use the collected information to measure the performance of our advertising and marketing services. Furthermore, we may contact You for verification purposes or with information pertaining to the Services or special offers, e.g. newsletter, e-mails, SMS and similar notifications about Unoideo and our business partners’ products and services. We also use the collected information to respond to you when you contact us.
2.4 COMPLIANCE WITH LAWS AND PREVENTION OF FRAUDULENT OR ILLEGAL ACTIVITIES
We may use the collected information to comply with applicable laws and to enforce our agreements and protect and defend the rights or safety of Unoideo, its Users or any other person and verify provided User profile information with third party providers and ensure technical service functionality and data accuracy, perform trouble-shooting and prevent or detect fraud, security breaches or illegal activities.
3. DISCLOSURE OF PERSONAL INFORMATION
In addition to the sharing and disclosure of personal information that is included as part of the functionality of the Services as described in section 2, Unoideo may disclose personal information if we believe such action is necessary to:
comply with the law, or legal process served on us;
protect and defend our rights and the enforcement of our agreements; or
We may disclose and transfer Your Information to our associated or affiliated organisations or related entities and to any third party who acquires, our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets.
4. LEGAL BASES AND DATA RETENTION
Unoideo will collect and process Your personal information in order to perform the contract with You (e.g. to deliver the Services), based on Your consent (i.e. the choices You make upon registration and in Your settings) or based on a legitimate interest of Unoideo (which is not overridden by your interests or fundamental rights and freedoms). Such legitimate interests of Unoideo include to protect and maintain the security of the Services, to create and maintain fraud , good or spam information directories, to understand and improve our Services and user relationships and to administer our business and customer support. Where we process data based on Your consent, You may withdraw your consent at any time via Your settings.
5. INFORMATION SECURITY AND TRANSFER OF PERSONAL INFORMATION TO OTHER COUNTRIES
The Unoideo Services require by their very nature that Your personal information will be transferred to other Users across the globe. Unoideo may also use cloud based services and subcontract storage or processing of Your information to third parties located in countries other than Your home country in order to provide the Services, including e.g. the USA. Information collected within the Europe may, for example, be transferred to and processed in a country outside of Europe, which may not provide the same level of protection for personal data as within Europe. We take all reasonable precautions to protect for the international transfer of data to a third party located in a country outside Europe. We take all reasonable precautions to protect personal information from misuse, loss and unauthorized access. Unoideo has implemented physical, electronic, and procedural safeguards in order to protect the information, including that the information will be stored on secured servers and protected by secured networks to which access is limited to a few authorized employees and personnel. However, no method of transmission over the Internet or method of electronic storage is 100% secure.
6. ACCESSING AND CONTROLLING YOUR PERSONAL INFORMATION
Unoideo provides many choices for You to control and manage Your personal information via the settings in the Unoideo Privacy Center. Subject to applicable law, you may also have the following rights in relation to Your personal information:
Right of access: You may request a confirmation as to whether or not personal information is being processed by Unoideo and to obtain a copy of that information. We may decline to process requests that are vexatious or frivolous or extremely impractical, jeopardize the privacy of others, or for which access is not otherwise required by applicable law.
Right to rectification: You may request rectification if Your personal information is inaccurate.
Right to erasure: You may request that your personal information is erased in certain situations e.g. if it is no longer necessary to provide the Services to You.
Right to object: You may object to the processing of Your personal information in certain situations e.g. for use of Your data for ad targeting.
Right to restriction: You may request restrictions of the processing of Your personal information in certain situations e.g. if Your personal information is inaccurate or unlawfully processed.
Right to data portability: You may request to receive personal information provided by You in machine readable format. You can exercise Your rights above via the Unoideo Privacy Center where You e.g. can access, edit, delete and download Your personal information and limit or opt-out of the collection and use of Your information for ad targeting and the provision of special offers or promotions by third parties. You may also contact Unoideo for assistance using the contact information below, and we will consider your request in accordance with applicable law.
7. CHILDREN’S PRIVACY
We do not intentionally or knowingly collect or solict information from children under the relevant age of consent under the laws of their respective jurisdictions or knowingly allow such persons to register for the Services. The Services are not directed at children under the relevant age of consent under the laws of their respective jurisdictions. If you believe that we might have information from or about a child under the relevant age of consent, please contact us at firstname.lastname@example.org.
10. CONTACT US