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Effective date: 01 July 2024
RD Labs (“TRUVIO” or “we”) offers users (“Users” or “You”)
global phone community services transacted through various software
applications and services, including but not limited to the “TRUVIO”
application. These Terms of Service and the TRUVIO Privacy Policy (the “Terms”)
will govern Your use of TRUVIO’s software applications, websites, web service
API, tools or other services and features provided by TRUVIO from time to time
(collectively “Services”). By accessing or using any of the Services, You agree
to be bound by these Terms. Where other third party services are made available
as part of our Services, then the respective third party terms of service and
privacy policy shall apply to any such use by You.
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
We are firmly committed to the security and protection of
personal information of our Users and the Services. The TRUVIO Privacy Policy
describes how we collect, use, share and process personal information and You
acknowledge and agree that TRUVIO may collect, use, share and process personal
information as described therein.
2. GRANT OF RIGHTS
You are not allowed to use the TRUVIO 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 TRUVIO 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 TRUVIO software applications).
You are not granted any right to use TRUVIO’s name,
trademarks or other commercial symbols. All rights not expressly granted to You
under these Terms shall be retained by TRUVIO.
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 TRUVIO’s prior written approval and that You enter into a separate license
agreement with TRUVIO.
3. SUPPORT
TRUVIO strives to provide adequate and efficient technical
support, upgrades and updates for the Services. TRUVIO 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 TRUVIO 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 TRUVIO in order for TRUVIO to
provide the Services and share the Content with other Users.
Except as otherwise agreed separately in writing between
us, 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 TRUVIO'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 TRUVIO, 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 TRUVIO 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 TRUVIO, You agree that TRUVIO
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 TRUVIO at support@truvio.app 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. TRUVIO 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 be deemed to be transferred or
licensed to You except as contemplated herein.
6. CONTENT
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:
is true and not false or misleading;
is not likely to be deemed threatening, disparaging,
defamatory, pornographic, racially or ethnically offensive, discriminatory,
insulting, slanderous or otherwise illegal or inappropriate;
belongs to You, or which You have a right to distribute;
does not constitute an infringement of the intellectual
property or privacy rights of any third party;
does not constitute information that you are not legally
entitled to distribute (such as insider information or confidential
information);
does not contain any unsolicited or unauthorised
advertising, promotional material, “junk mail”, “spam”, “chain letters”,
“pyramid schemes” or any other form of solicitation; and
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.
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.
TRUVIO 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@truvio.app to report any
objectionable user generated content. TRUVIO 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 TRUVIO
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, TRUVIO
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 TRUVIO will not be liable for Your
inability to use the Services for whatever reason.
TRUVIO 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 TRUVIO 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, TRUVIO
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 TRUVIO applications and cease to use the Services.
TRUVIO 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.
10. FEES
TRUVIO 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 (“TRUVIO 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 TRUVIO 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.
11. TERMINATION
Your right to use the Services continues until these Terms
are terminated. TRUVIO 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 TRUVIO 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 TRUVIO due to Your breach of these Terms, You will
not be refunded any license fees or other prepaid fees, if any. Upon
termination by TRUVIO 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.
12. ASSIGNMENT
TRUVIO 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 TRUVIO 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.
TRUVIO may change the Services at any time, such as by
adding or removing features or discontinuing the Services. TRUVIO 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.