NUMBR - TERMS OF USE

 

Last Updated: January 7, 2020


Introduction
 

These terms of use create an agreement (hereinafter as “Terms” or “Agreement”) between any third party acting as principal or represented by its representatives, affiliates, employees or any other agents (hereinafter collectively as “You” or “Customer”) using the mobile application service Numbr, available on https://apps.apple.com/us/app/numbr-2nd-phone-number-app/id1487781134 (hereinafter as “App”) and/or affiliated services provided via the App (hereinafter as “Affiliated Services”) (hereinafter collectively as “Application Services”), and Smart Record s.r.o.; ID No.: 06454097; with its represented seat at Viktora Huga 377/4, Smichov, 150 00 Prague 5, Czech Republic; the company incorporated under the laws of Czech Republic and registered by the Municipal Court in Prague under No. C 282461 (hereinafter as “Provider”).

 

Please read and review the following Terms carefully before using and/or downloading the Application Services. If You disagree with any part of the Terms then You may not access or use our Application Services. To the extent You choose to access our Application Services, You do so at Your own risk and initiative. You may use the Service for lawful purposes only and only in accordance with these Terms. You are solely responsible for obtaining and maintaining all necessary consents required for you to use the Services and provide any material or other information in relation thereto, and for complying with any and all laws, rules, regulations and other obligations that may apply to your use of the Application Services, including any and all applicable privacy laws.

 

Without limiting the foregoing, You agree not to use the Application Services as follows: (i) for pornographic, indecent, obscene, defamatory or other unlawful purposes; (ii) to engage in any Internet activities that would violate the privacy rights of others, including to copy, store, access or use personally identifiable information about another registered user in a way that is inconsistent with the Provider’s Privacy Policy and these Terms; (iii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application Services, or which, as determined by the Provider in its discretion, may harm the Provider or users of the Application Services or expose them to liability; (iv) to send harassing and/or threatening messages to others or to abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person; or (v) to discriminate against or harass anyone on the basis of race, national origin, religion, gender, sexual orientation, disability, medical condition, marital status, age or gender identity, or otherwise engage in abusive or disruptive behaviour.

 

By clicking the download or install button, by downloading or installing the upgrade of the App, or by accessing or using our Application Services in any manner, You declare, that You have read and agree to be bound by the Terms. These Terms, entered into by You and Provider (hereinafter collectively as “Parties”), constitutes the entire understanding between Parties. Parties are mutually bound by the Terms from the date You use and/or download our Application Services.


 

The following Terms govern the entire use of our Application Services provided by Provider to Customer. These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version shall prevail. The Terms shall be always interpreted in accordance with the rules of grammatical and legal interpretation and with its content.

 

Other used general terms:

  • Apple means company Apple Inc.

  • the App Store platform means online distribution platform, developed and maintained by the company Apple Inc., for mobile apps on its iOS operating system

  • Apple ID account represents an account required for accessing Apple Inc. ecosystem and its services, content and products

I. General

  1. To use our Application Services, Customer needs compatible hardware, software (latest version recommended), Internet access (fees may apply) and fulfill other technical or requested requirements stated by the Provider in these Terms, via the Application Services or other tools. Our Application Services’ performance may be affected by these factors.

  2. Customer must be 13 years or older to use our App. By accepting the Terms, Customer declares, that he is older than 13 years old, and is solely responsible for any damage or loss that Provider may suffer because of his untruthful declaration.

  3. Customer is further solely responsible for any activity that occurs under his Apple ID, e-mail or telephone number and for the any content made available, submitted, published, transmitted or displayed by him on, through or with the Application Services, particularly for all information, audio, visual and audiovisual materials or works, even if they capture or record third parties (hereinafter as “Customer Data”).

  4. The Application Services are created to provide via third party (Apple) particularly (i) purchase of virtual telephone numbers, (ii) processing of telephone calls via VoIP - Voice over Internet Protocol (hereinafter collectively as “Product” or “Products”).

II. License, Access Rights, Restrictions

  1. Provider grants to Customer and Customer accepts a personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Application Services for Customer’s internal use (hereinafter as “License”). Customer’s right to use the Application Services is limited by all terms and conditions herein. To avoid any doubts, Customer is aware of and agrees that except for this License granted to Customer, Provider and his Licensors retain all rights, titles and interests in and to the Application Services, including all related intellectual property rights.

  2. Customer shall (i) provide accurate, current, and complete information when asked by the Application Services for such information (ii) maintain and promptly update any provided information, (iii) maintain the security of unauthorized access into the App (e.g. by setting up password to get into his device) and accept all risks of unauthorized access to his device and/or the App, and/or (iv) promptly notify Provider if he discovers or otherwise suspects any security breaches into his device and/or the App.  Customer is responsible and liable for the acts or omissions of any authorized or unauthorized third person who accesses the App or uses the Application Services.

  3. Customer shall not (i) rent, lease or sublicense access to the App to any third person, (ii) infringe any intellectual property or other proprietary right of any third person, while using the App, and/or (iii) violate any right or duty owed to any third person, while using the App. Customer is solely responsible for compliance with all applicable laws, including without limitation export and import regulations.

  4. Customer hereby grants to Provider and Provider accepts a worldwide, timeless and non-exclusive license to access, copy, distribute, process, and use the Customer Data solely for the purpose of (i) providing the Product to Customer, and/or (ii) improving any component of the App.

  5. Provider hereby declares that the Customer Data may be provided to and processed by the third parties, who cooperate with Provider (hereinafter as “Suppliers”).

  6. Provider does not provide any equipment required to access the Application Services. Customer is responsible for all fees charged by third parties related to Customer’s access to the Application Services and Products (e.g. charges by Internet Service providers, by Cell Phone & Service providers).

  7. Provider reserves the right to restrict, suspend, or terminate access to the Application Services at any time in his sole discretion if in Provider’s determination Customer uses the Application Services in a manner that violates applicable laws or the Terms.

  8. Provider does not guarantee the continued functionality of, and at the same time Provider reserves the right to change, discontinue, delete and/or deprecate, at any time and in his sole discretion, the Application Services and all product features, that made be made available to or accessible by Customer, without any prior notice to Customer.

  9. From time to time, Provider may develop Beta Services (a product, service or functionality provided by Provider that may be available to Customer to try at Customer’s option at no additional charge) available to Customer at no charge. Customer may choose to utilize such Beta Services in Customer’s sole discretion. Beta Services are intended for evaluation purposes and not for production using, are not fully supported and are provided on an “as-is” and “as available” basis without any warranty, support or maintenance. Provider has no liability for any harm or damage arising out of or in connection with Beta Services.

III. Products and Services

  1. Provider offers via third party (Apple) a following Application Services: (i) purchase of virtual telephone numbers, (ii) processing of telephone calls via VoIP (Voice over Internet Protocol). More information can be found here: https://apps.apple.com/us/app/numbr-2nd-phone-number-app/id1487781134 All information stated on the App Store platform's page https://apps.apple.com/us/app/numbr-2nd-phone-number-app/id1487781134 are integral part of these Terms.

  2. Products are billed in advance via the App Store platform according to the prices stated on the App Store platform's page https://apps.apple.com/us/app/numbr-2nd-phone-number-app/id1487781134 and Payments Terms (Article IV. of the Terms) and is provided to a purchasing Apple ID for a selected period. Customer may cancel the Product at any time via his/her iTunes account, however Provider has in that case no duty and possibility to refund Customer already paid price, since the payment is handled by the third party (Apple) and its App Store platform.

  3. Warranty & Refunds. If (i) technical problems prevent or unreasonably delay delivery of Product, (ii) the App is not accessible due to technical problems, or (iii) Product has essential defects despite the guarantee of Provider, an exclusive and sole Customer’s remedy concerning the provided Products may be a reimbursement of the price paid, as determined by Provider or the third party (Apple), or a replacement of the Product. Provider may refuse a refund request if he finds evidence of fraud, refund abuse, or other manipulative behavior that entitles Provider to a corresponding counterclaim. If You have any request or claim concerning the Warranty & Refunds, please contact us at any time via e-mail numbr@apptoro.agency. Other rules are governed by the relevant law regulation. All claims arising out the Application Services provided to Customer via Apple shall be applied to Apple as the agent of Provider based on contact information in an issued invoice.

  4. Provider may modify his pricing list at any time and add new services for additional fees and charges or amend fees and charges for the Products and/or the Application Services, at any time and in his sole discretion.

IV. Payments Terms

  1. When Customer purchases any Product, Customer agrees to pay directly to Provider or via its Supplier all amounts specified in the order. Customer will be charged via credit card, debit card or via the App Store platform (hereinafter as “Transaction”).

V. Privacy Policy

 

  1. Provider provides this Privacy Policy (hereinafter as “Privacy Policy”) to help Customer to understand, what information Provider collects, how Provider uses the information and the choices Provider offers, including how to access and update collected information. Provider may update this Privacy Policy from time to time, so please check them back periodically.  This Privacy Policy applies to the Application Services, Beta Services and any other related services. 

  2. This Privacy Policy particularly explains and regulates (i) a definition of how Provider uses the personal data that Customer shares with Provider and what Provider learns about Customer, (ii) what of the personal data, if any, Provider may share, (iii) the conditions Provider uses to protect Customer’s information, if it must be shared, and (iv) other things Customer should know about the protection sand processing of the personal data and Provider. 

  3. Under recent legislation concerning data privacy (General Data Protection Regulation), many types of data have been designated as personal data to catch up with the nature of digital age. The personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name and surname, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. When Customer installs or downloads the App, Provider may collect a variety of non-personal data of technical nature (version of the operating system, device model, numbers, dates and times of the communications, name of the country, where the calling party initiates a telephone call and name of the country, where the called party answers a telephone call, etc.). This data allows Provider f.e. to improve the App's and Website's performance and resolve potential technical issues. Provider may collect also other kinds of data that are considered as Personal Data e.g.: contact information (if you reach our support), device information (unique device identifier, iOS identifier, timezone), etc . (hereinafter collectively as “Personal Data”), etc. These are used primarily for delivery of Services purchased via the App and optimization of Provider's internal marketing activities (never third party marketing campaigns). 

  4. Provider uses the Personal Data (i) to provide the Application Services, (ii) to maintain and/or (iii) to develop the Application Services. In cases prescribed by law, Provider requires for processing the Personal Data Customer’s consent. 

  5. The Personal Data are proceeded both in an automated and a manual way and are stored for 10 years. 

  6. Provider provides the Personal Data that he collects to trusted partners (hereinafter also as “Processors”) to process them for Provider based on his instructions and in compliance with this Privacy Policy (f.e. Apple, Twilio Inc., or accounting company taking care of invoices; the list of these partners is available upon request). Provider uses only Processors providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of the Customer’s right protection. 

  7. Customer hereby further agrees not to use the Application Services to send sensitive data about him or third person where unauthorized disclosure could cause material or immaterial damage, severe harm or impact to Provider, any data subjects and/or thirds parties. Sensitive data includes, but is not limited to: health data, genetic data, biometric data, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, data concerning sexual orientation. Customer hereby further agrees to not use Services for personally identifiable information knowingly collected from children under the age of 13 from online services designated for children.  

  8. The App is not designated for children. By downloading or installing the App, Customer declares that he is older than 13 years old and is solely responsible for any damage or loss that Provider may suffer because of his untruthful declaration. 

  9. Access to the Personal Data. Customer has the right to obtain from Provider confirmation as to whether or not the Personal Data concerning him are being processed, and where that is the case, access to the Personal Data and the following information: the purposes of the processing, the categories of the Personal Data concerned the recipient to whom Personal Data have been or will be disclosed; the envisage period for which the Personal Data will be stored (if not possible the criteria used to determine that period), the existence of automated decision-making, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the Personal Data subject.

    Customer has the right to request from Provider rectification or erasure of the Personal Data (right to be forgotten) or restriction of processing of the Personal Data concerning Customer or to object to such processing. Customer has also the right to lodge a complaint with supervisory authority (in European Union) and the right to the Personal Data portability.

    Right to rectification. Customer shall have the right to obtain from Provider without undue delay the rectification of inaccurate the Personal Data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.

    Right to be forgotten. Customer shall have the right to obtain from the Provider the erasure of the Personal Data concerning him without undue delay and Provider shall have the obligation to erase the Personal Data without undue delay where one of the following grounds applies: (i) the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, (ii) the Personal Data have been unlawfully processed, (iii) the Personal Data have to be erased for compliance with a legal obligation in the European Union or Member State law to which Provider is subject, (iv) Customer withdraws consent on which the processing is based  and there is no other legal ground for the processing, and/or (v) Customer objects to the processing and there are no overriding legitimate grounds for the processing. . Provider will not erase the Personal Data, if the processing of the Personal Data is necessary for (i) the exercising the right of freedom of expression and information, (ii) the compliance with a legal obligation which requires processing by the European Union or Member State law to which Provider is subject, (iii) the performance of a task carried out in the public interest or in the exercise of official authority vested in Provider, (iv) the reasons of public interest in the area of public health, (v) the archiving purposes in the public interest, scientific or historical research purposes or statistical purpose in so far as the right to be forgotten is likely to render impossible or seriously impair the achievement of the objectives of that processing, or (vi) the establishment, exercise or defense of legal claims.

    Right to the Personal Data portability. Customer shall have the right to receive the Personal Data concerning him, and which Customer has provided to Provider, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from Provider to which the Personal Data have been provided. In exercising Customer’s right to the Personal Data portability, Customer shall have the right to have the Personal Data transmitted directly from one controller to another, where technically feasible.

     

  10. Customer hereby agrees to comply with all applicable Privacy Policy and the Personal Data protection regulations. Provider may ask Customer to verify Customer’s identity before action to Customer’s request.
     

  11. If You have any request or question concerning the Privacy Policy or the Personal Data protection/processing, please contact us at any time via e-mail data.protection.officer@apptoro.agency.

VI. Confidentiality

  1. Confidential information means, unless otherwise agreed herein, any information, knowledge, data, documentation (particularly technical documentation, drawing documentation, software documentation, hardware documentation), know how, technical, economic, financial, business, strategic information, or any kind of information derived therefrom, in any form, tangible, or intangible, oral, or written, which was specified as a confidential or which represents a trade secret (hereinafter as “Confidential Information”).

  2. In consideration of the disclosure of Confidential Information Parties agree as follows (i) to hold the Confidential Information in strict confidence and to take all reasonable precautions to protect such Confidential Information, (ii) not to disclose any such Confidential Information to any third person, (iii) not to make any use whatsoever at any time of such Confidential Information except to evaluate internally its relationship with the disclosing party, (iv) not to use any such Confidential Information to the different purpose than allowed by the disclosing party, (v) not to create any derivate work from Confidential Information, (vi) to restrict access to the Confidential Information of its personnel, agents, and or consultants, if any, who have a need to have access and who have been advised of, and have agreed in writing to treat such Confidential Information in accordance with the Terms.

  3. Parties further agree that the duty of confidentiality shall not apply to any information that (i) is or becomes (through no improper or illegal action or inaction by the receiving party or with its cooperation) generally available to the public, (ii) was rightfully and in good faith disclosed to the receiving party by a third party, (iii) was independently developed by the receiving party without use of any Confidential Information of the disclosing party; or (iv) was required by law or a court order.

 

VII. Warranties, Disclaimer of Warranties

  1. Provider only warrants to Customer that the Application Services will perform materially in accordance with the documentation that accompanies or is available via the Application Services. In that case, Provider’s sole liability and Customer’s only exclusive right and remedy for a breach of the foregoing warranty is for Provider to correct or re-perform the nonconforming Application Service, unless otherwise agreed herein.

  2. Customer warrants that he owns and has obtained all necessary rights, titles and consents to transfer the Customer Data to Provider and his Suppliers or Processors (e.g. data center providers) to process such Customer Data in accordance with the Terms.

  3. Use of the Application Services and Products provided by Provider, including the Beta Services and all other related services (hereinafter as “Services”), is at Customer’s sole risk. The Services are provided “as is” and “as available” basis with all faults and without any warranty of any kind. Provider, his Suppliers, Processors and Licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied indemnities and warranties of merchantability, fitness for a set purpose, title and non-infringement. Unless otherwise agreed herein, Provider does not guarantee an accuracy, completeness, or usefulness of his Services, and Customer relies on such Services at Customer’s own risk. Any material that Customer accesses or obtains through Provider’s Services, including the Customer Data, is done in Customer’s own discretion and risk and only Customer will be solely responsible for any damage caused to him or any third persons during the usage of the Services. No advice or information, whether oral or written, obtained by Customer from Provider or through or from the Services will create any warranty of Provider not expressly stated in the Terms.

  4. Customer acknowledges that Provider has no obligation to monitor access to or use of the Services, but it has the right to do so if it chooses in order to secure and improve the Services, for fraud prevention, risk assessment, investigation, customer support and to ensure compliance with these Terms, or as it otherwise sees fit. Provider reserves the right to refuse service, terminate accounts, disable any user identification code or password, remove or edit content, revoke your license, and otherwise terminate Customer’s right to use the Services at any time in its sole discretion, for any or no reason, including, if in the Provider’s opinion you have failed to comply with any provision of these Terms or for any illegal or criminal behavior.

 

VIII. Limitation of Liability, Indemnification

  1. In no event will Provider, his Suppliers, Processors and Licensors be liable for any direct, indirect, special, incidental, exemplary, and/or punitive damages arising out of or regarding the Terms or/and Customer’s use of the Services, or for any damages associated with any loss of use, business, profits, or goodwill or other intangible losses of Customer.

  2. Under no circumstances will Provider’s aggregate liability for any and all claims hereunder exceed the amounts that Customer has paid to Provider for Customer’s usage of the Products in 12 months prior to Customer’s claim.

  3. Insofar as some states do not allow the exclusion or limitation of incidental or consequential damages, Parties hereby agree, that in case that applicable law prohibits any limitation of liability herein, such limitation will be automatically modified, but only to the extent to make the limitation compliant with applicable law.

  4. Customer will defend Provider, his Suppliers, Processors and Licensors from all third person claims, actions, suits, any costs, damages, expenses, and liability caused by Customer’s usage of the Services, Customer’s violation of any rights of a third person through usage of the Services.

IX. Termination, withdrawal
  1. Parties may terminate the Terms with or without cause immediately. Upon any termination of the Terms, (i) Customer must discontinue accessing and using and delete the Application Services, (ii) the Article II. sub. 4 (License, Access Rights, Restrictions), Article V. (Privacy Policy), Article VI. (Confidentiality), Article VII. (Warranties, Disclaimer of Warranties) and Article VIII. (Limitation of Liability, Indemnification) shall survive, (iii) all obligations or liabilities that accrued prior to the effective date of termination and all remedies for breach of the Terms shall survive, and (iv) all other rights, obligations, and licenses of the Parties under the Terms shall terminate.

X. Miscellaneous

  1. The Terms are governed by the laws of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

  2. Provider may amend the Terms from time to time. If Provider makes a change to the Terms, Provider will notify Customer by providing notice of the change (i) via the App, or (ii) at e-mail address that Customer provided to Provider. If Customer does not agree to the modified terms, Customer shall discontinue using the Application Services and uninstall the App from his device, not accept the modified terms by not-clicking the notifying button, or notify Provider upon providing an e-mail notice within 30 days, after which the Terms will immediately terminate in relation to this Customer and the Provider shall have no further responsibility or liability to such Customer. 

  3. All requests, questions or notices upon the Terms shall be delivered at the e-mail of Provider Numbr@apptoro.agency, unless otherwise agreed herein.

  4. Any dispute arising out of or regarding the Terms, including any question regarding its existence, validity, or termination, shall be finally decided (i) between Provider and Customer-non-Consumer by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic by three arbitrators appointed by the President of the Arbitration Court in accordance with the Rules of the Arbitration Court, (ii) between Provider and Customer-Consumer by the court of competent jurisdiction.

  5. If a consumer dispute between Provider and Customer-Consumer, that cannot be settled by agreement, arises out of or regarding the Terms, the Customer-Consumer may submit a proposal for an out-of-court settlement of such a dispute to a designated extrajudicial dispute resolution body, which is Czech Trade Inspection, Central Inspectorate - ADR Unit, with it's represented seat at Stepanska 15, 120 00 Prague 2, email: adr@coi.cz, web: adr.coi.cz.

  6. Provider’s failure to enforce any right or provision in the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by Provider in writing.

  7. If any provision of the Terms is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent, so the Terms will otherwise remain in full force and effect and enforceable.