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Terms Of Service

Effective Date: April 25, 2024

Picom Technologies LTD. (“Picom,” “we,” “our” and “us”) is pleased to provide global telecommunication services to our Users (“you,” and “your”) through the various mobile applications where these Terms are posted (each an “App” and collectively, the “Apps”), and their websites (each a “Website” and, collectively, the “Websites”), any application programming interface provided by Picom (“API”) and other tools and services provided by Picom from time (each a “Service” and collectively the “Services”). These Terms of Service (the “Terms” or “Agreement”) and the Privacy Policy will govern your use of the Services. By subscribing to or using any of our Services, you agree to be bound by these Terms. Certain features of the Services may be subject to additional guidelines, terms or rules provided to you through the Apps or Websites, and are incorporated by reference into this Agreement.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS.

  1. AGREEMENT
  2. ACCOUNT ELIGIBILITY
  3. ACCOUNT ACCESS
  4. LICENSE GRANT
  5. RESTRICTIONS ON USE
  6. INTELLECTUAL PROPERTY RIGHTS
  7. OWNERSHIP OF  YOUR ACCOUNT
  8. PRIVACY
  9. UPDATES TO THE TERMS
  10. MODIFICATIONS
  11. ACCESS TO YOUR NOTIFICATION SETTINGS
  12. SUBSCRIPTIONS; AUTO-RENEWAL; PAYMENT
  13. CANCELLATION
  14. TERM AND TERMINATION
  15. DISCLAIMER OF WARRANTIES
  16. LIMITATIONS OF LIABILITY
  17. INDEMNIFICATION
  18. USER-GENERATED CONTENT
  19. DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; GOVERNING LAW
  20. USE OF THIRD-PARTIES
  21. GENERAL PROVISIONS
  22. CONTACT US
  23. SUPPLEMENTAL TERMS
    MASKOFF, CLIPCALL

     

    1. AGREEMENT

These Terms are a legal agreement between you and Picon. By using the Services, including installing and/or downloading any of our Apps, visiting our Websites, or using any other Service,you: (a) agree to be bound by these Terms, (b) you represent and warrant that you have the right, authority and capacity to enter into these Terms; and (c) you own or control the mobile or other device by which you are accessing the Services. These Terms also apply to any App or Websites updates, supplements, and services made available by Picom that are not provided under a separate license or other agreement with us. If you do not agree to these Terms, do not install or use any App or Services. We may update these Terms from time to time.We will notify you of any update to the Terms that materially impact your use of the Services, your rights or obligation. Such notification may be through an in-app notification or website notice and your continued use of the Services will signify your acceptance of the updated Terms. If you do not agree with any updates, you must immediately discontinue use of the Services (including any Apps). If you have any questions or concerns regarding these Terms, please Contact Us.

‍Notice to Consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that are in addition to these Terms, and certain provisions of these Terms may be unenforceable as to you. To the extent that any term or condition of these Terms is unenforceable to you, the remainder of these Terms shall remain in full force and effect.

THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND PICOM AGREE TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL. (SEE SECTION 20 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION).) YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS FROM THE DATE WHEN THESE TERMS ARE NOTIFIED TO YOU; INSTRUCTIONS FOR OPTING OUT ARE IN SECTION 20 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION) BELOW.

  1. ACCOUNT ELIGIBILITY

Registration. You may create an account to use the Services by providing an email address or Phone Number .Picom may send notices about your account via email,WhatsApp or in app messaging.

Age Requirements. You must be at least eighteen (18) years old to create an account and/or otherwise use our Services. If you are under the required age, you may use our Services only with the permission of a parent or legal guardian and through an account they created. Please have your parent or legal guardian read this Agreement with you and consent to the Terms before proceeding.

Parents and Guardians. By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please Contact Us immediately so that we can disable access.

Account Security. You are responsible for all activities that occur under your account. Please safeguard the confidentiality of your account credentials. If you believe someone has accessed or tried to access your account without your permission, you must Contact Us immediately.

  1. ACCOUNT ACCESS

You must provide – at your own expense – the equipment, internet connections, Devices (defined herein) and service plans to access and use the Services. If you access our Services through a network/telephone carrier, then you understand that such a network/telephone carrier may impose additional rates and fees to your use of the Services. You are solely responsible for any fees and costs you incur to access the Services from your Device. We make no guarantees that the Services will work with your network/telephone carrier; therefore, please check the terms of the agreement with your network/telephone carrier to determine if your network/telephone carrier will impose fees or charges for VoIP transmissions or whether such agreements include terms that would otherwise prohibit your use of the Services. We make no representations that the Services are available in all languages, that the Services are appropriate or available for use in any and all particular locations. “Device(s)” shall mean any electronic device owned or controlled by you that is used for storing, accessing or transmitting electronic data and includes, but is not limited to, cell phones, smartphones, tablets, smart watches and laptop computers.

The Apps leverage several technologies to provide you with various blocking, forwarding, screening and other features. In order to use the Services, you may be asked to enable certain features or to disable features within your phone for the Services to work properly. You understand and agree that if you fail to take these recommended actions, we may not be able to provide such features of the Services to you. For more information, please refer to the Supplemental Terms.

  1. LICENSE GRANT

Subject to your compliance with the Terms, Picom grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to access, download, install and/or use the Services on your Device and to access and use the Apps on such Device for your lawful, personal, and non-commercial use and in accordance with all applicable local, national and international laws and regulations.

  1. RESTRICTIONS ON USE

If you are unable for any reason to comply with the following you must immediately stop using the Services. You understand and agree that:

  • you shall not use the Services for any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable purpose of any kind, including but not limited to, any purpose that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law;
  • you shall not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt any portion of the Services, for any purpose;
  • you shall not copy, modify, sublicense, transmit, distribute, adapt, improve, or create any derivative works from the Services, including the source code of the Services;
  • you shall not probe, scan or test the vulnerability of our Services on any system or network;
  • you shall not upload viruses or other malicious code or otherwise compromise the security of our Services;
  • you shall not interfere with or disrupt the Services offered by Picom;
  • you shall not impersonate or misrepresent your affiliation with any person or entity;
  • you shall not create a false identity or otherwise attempt to mislead others as to the origin of the communication using the Services;
  • you shall not use the App(s) in a manner for which it is not designed or intended; 
  • you shall not transmit any content that violates the intellectual property or proprietary rights of another; poses or creates a privacy or security risk to any person; constitutes unauthorized advertising or spam; or in the sole opinion of Picom is objectionable, offensive or may expose Picom or its Users to harm or liability of any type; 
  • you shall not use the App(s) for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products or software offered by Picom;
  • you shall not interfere with or disrupt the Services oyou shall abide by the rules and policies established by Picom. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the App(s). These obligations survive termination of this Agreement; andffered by Picom;
  • Picom shall not be responsible to you or any third-party for your failure to comply with local, state, federal or international laws. 
  1. INTELLECTUAL PROPERTY RIGHTS

The Services, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, documentation that are provided to you by Picom are Picoms’ property or the property of Picoms’ licensor’s, and are protected by United States and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.

Picoms’ names, logos and affiliated services, and trade names of its Apps – are the exclusive property of Picom and/or its affiliates. All other trademarks (if any) appearing on Picom Apps and/or Services are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained herein should be construed as granting – by implication, estoppel or otherwise – any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

  1. OWNERSHIP OF YOUR ACCOUNT

Picom recognizes the owner of the phone number on the account as the sole owner of the account. You are fully responsible for all transactions undertaken by means of the account. You shall Contact Us immediately and confirm in writing should you become aware of any unauthorized use. You are the sole and exclusive guardian of any password that you may use to access the Services. If you provide any information in connection with your subscription, you agree to maintain accurate, complete and current information. You agree that in order to accommodate certain requests by you, we may require you to verify your ownership of an account by sending a verification code to the phone number on the account and/or by requesting reasonable documentation to show your ownership of the number and account.

  1. PRIVACY

For information regarding your personal data, please refer to the Privacy Policy which is hereby incorporated into these Terms by reference. If you use and/or access marketplaces that distribute the Apps such as the Apple App Store and Google Play (hereinafter referred to as the “Third-Party Platforms”), you understand that your personal information may be collected by them. Such information is governed by the Third-Party Platforms’ privacy policies, not Picom’.

  1. UPDATES TO THE TERMS

We make changes to the Terms from time to time, and if we do, we will notify you by revising the date at the top of these Terms. We encourage you to look at the Terms regularly. Unless otherwise noted, the amended Terms will be effective immediately and your continued use of our Services will signify your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.

  1. MODIFICATIONS

Picom is constantly improving the Services and as a result, Picom reserves the right, without liability, to (i) add or remove functionalities or features to the Services; (ii) modify the Apps and Services; and (iii) suspend or stop Services at any time for any reason. When installed on your Device, the Apps will periodically communicate with our servers. We may require the updating of the Apps on your Device when we release a new version or when we make new features available to our Users. This update may occur automatically or upon advance notice and may occur all at once or over multiple sessions. You acknowledge and agree that we may require your review and acceptance of our then-current Agreement before you will be permitted to use any subsequent versions of the Services. You accept that any obligation we may have to support previous versions of the Services may end upon the availability of updates, supplements or subsequent versions of the Services. As such, we have no obligation to make any updates, supplements or subsequent versions of the Service available to you.

  1. ACCESS TO YOUR NOTIFICATION SETTINGS

Certain Apps may request permission to use notifications during the setup and activation process to alert you of various actions (e.g., when a call is blocked or when a call recording is delivered). You can customize the types of notifications the Apps send from within the App or your Device. We may also send in-app notifications within the Apps to notify you of important updates to the Services or special promotional offers for our products. More information is available in the Privacy Policy.

  1. SUBSCRIPTIONS; AUTO-RENEWAL; PAYMENT

Free Trial. Your subscription to the Services may start with a free trial. For combinations with other offers, restrictions may apply. Free trials are for new Users only. Picom reserves the right, in its absolute discretion, to determine your eligibility. 

Subscriptions. You may purchase a subscription by downloading the App through a Third-Party Platform or by registering on our Websites.

If the App offers a free trial, your paid subscription will begin at the end of the free trial period  unless you cancel prior to the end of the free trial period in accordance with the Cancellation terms set forth  below. For subscriptions with no free trial, you will be billed immediately upon submitting your purchase. If we provide a discount for the first subscription period, you pay the discounted fee but upon expiration of the discounted period, your subscription will automatically renew at the full rate and you will be charged the full fee. 

Automatic Renewal; Recurring Charges. To the extent permitted by applicable law, you agree that your subscription will automatically renew at the end of each subscription period unless canceled at least twenty-four (24) hours in advance of the expiration of your free trial or paid subscription. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic and recurring billing, and you agree to pay the charges made to your account in connection therewith. You will be billed on a recurring basis at the then-current applicable subscription price plus any applicable taxes at the start of each new subscription period. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until cancelled by you in accordance with the Cancellation Section of this Agreement.

In-App Purchase. Picom may allow you to purchase subscriptions within the Apps. When you make in-app purchases, you will be billed by the Third-Party Platforms, not Picom. To turn off automatic renewal for subscriptions, access your Device’s account settings (not Picom’). All billing inquiries should be directed to the respective Third-Party Platform.

Payment Processing.  When you purchase a subscription – whether through a Third-Party Platform or directly through our Websites – payment may be processed by third parties who act on Picom’ behalf or on behalf of the Third-Party Platform.

If you purchased an App through a Third-Party Platform and have a billing dispute, you must contact the applicable Third-Party Platform. If you subscribed and paid for the Services through one of our Websites, please Contact Us with any payment questions.

Refund Policy. If you have a paid subscription, you will not be entitled to any refund of an unused balance if you discontinue your subscription. There are no refunds on paid subscriptions once the charge has gone through for the billing period. All payments are non-refundable.

  1. CANCELLATION

You may discontinue your subscription by following the Third-Party Platforms’ (Apple App Store or Google Play Store) cancellation instructions.

Cancellations will take effect starting at the end of the billing period in which your cancellation was made. For example, if you have a monthly subscription that began on the first of the month but canceled mid-month, your cancellation will take effect as of the beginning of the following month. If you live in the European Union or the United Kingdom and wish to cancel a subscription purchased through the Apple App Store, you may do so within fourteen (14) days. Please follow the process set forth in the Apple App Store. You understand that you cannot cancel your subscription or obtain a refund if you have downloaded an App and started using it. For additional information on canceling a subscription and/or deactivating your account, please refer to the Supplemental Terms.

  1. TERM AND TERMINATION 

Term. This Agreement begins when you start using the Services and continues so long as you use our Services or have subscription (free or paid) with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with the subscription selected. With respect to Users who do not access the Services through a paid subscription plan (i) Picom may terminate this Agreement at any time; and (ii) applicable Users may terminate this Agreement at any time by deleting their accounts.

Account Suspension or Termination. If you breach any of the Terms set forth herein, Picom may, at its option: (i) terminate this Agreement immediately, with or without advance written notice; (ii) suspend, delete, or limit access to your account (and other accounts you control); and (iii) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Picom deletes your account for breach, you may not re-register. Please Contact Us if you believe your account has been deleted by mistake.

Survival. The following sections will survive termination of the Services: Intellectual Property Rights, Ownership of your Account, Disclaimer of Warranties, Limitations of Liability, Indemnification, Disputes, Arbitration, Governing Law, and General Provisions.

  1. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES, PRODUCTS OR MATERIALS ARE PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE ANY OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. PICOM DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, NON-INFRINGEMENT, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICES, PRODUCTS OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. PICOM ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ITS BLOCKING ACTIVITIES, ANY INFORMATION PROVIDED BY THE SERVICES REGARDING ANY CALLER, ANY LOST CALL DATA, OR THE LEGALITY OF THE USE OF ANY OF THE SERVICES IN ANY PARTICULAR STATE OR IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.

  1. LIMITATIONS OF LIABILITY

PICOM, ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS, AND/OR ERRORS IN BLOCKING, TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS OR FROM THE ACCURACY OR INACCURACY OF ANY INFORMATION PROVIDED BY THROUGH THE SERVICE REGARDING ANY CALLER. PICOM, ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF PICOM HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PICOM, ITS AFFILIATES AND SUBSIDIARIES ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS AND IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. PICOM, ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE APP OR BY THE SERVICE THROUGH ANY OTHER MEANS.PICOM ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE SERVICE IN ANY COUNTRY.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold Picom, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any Third-Party Service Providers (defined herein) to the Services, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney’s fees, which are the result of, or are in any way related to, your use of the Services in violation of this Agreement

 

18. USER-GENERATED CONTENT

The Services may have certain features that allow Users to submit your photos, videos, information, graphics, images, text, app store reviews (including public-facing user name as it appears with the review), audio recordings, captions and comments (“User Content”) upload, transmit or post within the Services, on Picom’ social media pages or third-party applications, including, but not limited to, Facebook, Twitter, Instagram,  or on any other related service (“Social Media”). It is not necessary to purchase anything from Picom in order to submit User Content. If you choose to submit User Content, you agree to be bound by these Terms, the Privacy Policy, as well as the terms of any Social Media platform, if applicable.

Your Representations. You represent and warrant that:

  • you are not a minor or you are the parent/guardian of all minors depicted in your  User Content, if any.
  • you have the full right, power and authority to agree to these Terms and grant the rights described herein;
  • you own all rights in and to your User Content and name and/or likeness and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage otherwise claim any rights with respect to such User Content and name and/or likeness, such that you have all necessary licenses, rights, consents and permissions to publish the User Content and name and/or likeness and to grant the rights granted herein, including permission from all person(s) appearing and/or performing in your User Content;
  • Picom’ use of your User Content and name and/or likeness as described herein will not violate the rights of any third party, or any law, rule or regulation, including but not limited to consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights and laws;
  • the User Content and name and/or likeness is not confidential, libelous, defamatory, obscene, pornographic, absusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful;
  • your upload or post of User Content does not violate any applicable laws or the terms or requirements of the Social Media platform where you uploaded or posted the User Content; and
  • you confirm and agree that Picom’ use of your User Content as described in these Terms does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity.

You further represent that you have the consent or permission of any other person or entity that is required for our use of your User Content as described in these Terms, including but not limited to: (i) any person who appears or performs in your User Content, and (ii) any person or entity who owns any rights in your User Content or anything that appears in your User Content. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the User Content and the rights you are granting us under these Terms.

Release. You hereby fully release, discharge and agree to hold Picom, and any person or entity acting on their behalf, harmless from any liability related in any way to Picom’ use of your User Content and your name and/or likeness.

User Content License. You grant us an irrevocable, perpetual, worldwide, and unlimited right and license to use User Content (and to allow others to use the User Content) without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the User Content. We may use User Content for any business purpose on our Websites, Social Media platforms, and in any new media or technology now known or hereafter created, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the User Content (or any part of the User Content) and related content, and include the User Content (or any part of the User Content) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the User Content. We do not, and cannot, pre-screen or monitor all User Content. However, Picom has the right (but not the obligation) to monitor your conduct and User Content submission and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content. You agree that we have no obligation to use User Content or your name or other identifying information.

Waiver. You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including without limitation any moral rights, performance rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.

Promotional Use. If you prefer that we do not use your User Content for promotional purposes, please Contact Us.

Miscellaneous. If requested by Picom, you will agree to sign any documentation as may be required to protect, perfect or enforce any of the rights you have given us under these Terms. We have no obligation to use the User Content and we may remove or stop using any User Content at any time and any reason. Use of the User Content does not imply our endorsement of or any affiliation with you.

 

19DISPUTES, ARBITRATION AND GOVERNING LAW

 

If you are dissatisfied with our Services for any reason, please Contact Us first so that we can try to resolve your concerns without the need for outside assistance.

Dispute Resolution. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Services, or the Apps shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Picom in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Picom or its affiliates any class action, class arbitration, or other representative action or proceeding. By using the Services or the Apps in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and Picom or its affiliates (except for matters that may be taken to small claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Picom (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.

Residents of the European Union can learn more about their dispute resolution options here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

 

Governing Law. This Agreement and all modifications and amendments thereto, shall be governed by the law of the State of New York, United States without giving effect to its conflicts of laws principles.

 

20. USE OF THIRD-PARTIES

Third-Party Platforms. You understand that Third-Party Platforms and have additional terms, conditions and usage rules that govern your use of our Apps. Failure to comply with Third-Party Platform terms may result in the termination of your account with the Third-Party Platform and your inability to use a particular feature we offer.

Third-Party Service Providers. You agree and understand that Picom may use trusted third-party platforms, third-party APIs, third-party logins, telecom providers, transcription service providers, marketing partners, infrastructure partners and other integrations of third-party services within Picom’ Services (e.g., email service providers, payment providers, analytics providers, etc.) (collectively referred to as “Third-Party Service Providers”) to provide the Services and help Picom market and operate its businesses as well as provide us with customer service and internal analytics tools. To learn more about how we may share information with our Third-Party Service Providers, please see the Privacy Policy.

Third-Party Links. Our Services may provide access or links to Third-Party Service Providers’ websites, platforms or resources. We have no control over such websites, platforms and resources, and you acknowledge and agree that Picom is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Picom shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third party content, goods or services available on or through any such website or resource nor is Picom responsible for providing customer service with respect to Third-Party Service Providers.

21. GENERAL PROVISIONS

Compliance. Customer is responsible to ensure its compliance with all applicable laws and regulations in the relevant jurisdictions in order to use and/or provide its services and offer its products based on the Services. Customer agrees not to submit to the Services any data that is protected under a special legislation and requires a unique treatment, including, without limitations, (i) categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any similar legislation or regulation in other jurisdiction; and (ii) any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented, or any similar legislation in other jurisdiction, unless Customer and Picom separately enter into a HIPAA Business Associate Agreement. 

Call Recording Feature. Certain states or countries may have laws prohibiting the recording of calls without consent from the parties to the call. You may violate a state’s or country’s criminal law or create civil liability for yourself by listening in on or recording a telephone conversation without first informing the other parties that you are doing so. By installing or using the Apps, you agree (i) to comply with all applicable laws and regulations (including obtaining consent to record, where applicable); and (ii) that Picom has no liability for your failure to comply with all applicable laws and regulations.

Export Controls. The Services and the underlying information and technology are subject to United States and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Services. You agree to comply with these laws, restrictions and regulations when downloading or using the Apps.

Artificial Intelligence and Machine Learning Technologies. Picom is constantly developing new technologies and features to improve the Services. For example, Picom may use artificial intelligence and machine learning to provide you with simultaneous transcriptions, to better detect and block spam (by informing our algorithms), etc. For more information about what information we may use to improve our services using AI or Machine Learning Technologies, please see the Privacy Policy.

Copyright Notice.  Picom respects and expects its users to respect the rights of copyright holders. On notice, Picom will act appropriately to remove content that infringes the copyright rights of others. Picom reserves the right to disable access to Services by anyone who uses them to repeatedly infringe the intellectual property rights of others.
If you believe the Services or any elements of the Services infringe your copyright rights, please contact Picom’ Legal team at office@picom.tech.

Please ensure your communication includes the following:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice to Government End Users. Any services or Apps provided by Picom or its affiliates installed for or on behalf of the United States, its agencies and/or instrumentalities (“United States Government”), are provided with Restricted Rights as “commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the United States Government shall have only those rights specified in the license contained herein. The United States Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.

Integration. This Agreement and any modification made in accordance with the Terms herein constitutes the entire agreement between you and Picom with respect to the Services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic, or oral, between you and Picom.

Force Majeure. Picom shall not be liable for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, strikes, lockouts, internet or telecommunications failures, shortages of or the inability to obtain labor, acts by hackers or other malicious thor partys, explosions, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other problems with the internet generally, or any other matter beyond the reasonable control of Picom (“Force Majeure Event”).

Language. All communications and notices to be made or given pursuant to these Terms shall be in English.

Storage Practices. We strongly recommend that you keep adequate back-ups of any call recordings and voicemail or transcripts of such recordings that you wish to keep. Picom may, in its discretion, establish practices and limits concerning use of the Services, including without limitation the maximum period of time that content such as recordings or call data will be retained by the Services and the maximum storage space that will be allotted to our servers for your account. Picom reserves the right to change these practices at any time in its sole discretion. In the event of any material change, Picom will attempt to notify you in advance of such change. You agree that Picom has no responsibility or liability for the deletion or failure to store any data, conversations, recordings, texts or other content maintained or uploaded by the Services. You further acknowledge that Picom reserves the right to terminate accounts that are inactive for an extended period of time. To ensure your content is retained, you should go to call details and share the information to your email or cloud storage account. You acknowledge that you bear sole responsibility for the back-up of this information. See the Privacy Policy for more information.

Consent to Communications. By entering into this Agreement, you consent to the receipt of emails, text messages, in-app notifications, and customer service phone communication (including on-screen notifications) from us regarding, (i) the operation of the Services and your account; and (ii) other services and products we believe may be of interest to you. In some jurisdictions, we may get your express consent for certain communications. You may opt-out of future emails, notifications, and text messages about such products or services by Contacting Us. You may not, however, opt-out of receiving communications regarding important information relating to your account or this Agreement.

 

22. CONTACT US

If you have any questions, please contact us at office@picom.tech.

23. SUPPLEMENTAL TERMS

Additional supplemental terms apply to the following Services:

 

CLIPCALL

General. ClipCall offers you the ability to record audio and calls (i.e., local toll, domestic long distance and international telephone calls, conference calls) and provides you with transcripts, transcription summaries and transcription translations of such audio and call recordings

Plans. ClipCall offers multiple paid plans to meet the needs of its customers: Monthly and Yearly. 

Call Data Retention. We make no guarantees that we will retain certain call data such as calls, call recordings, audio recordings and transcriptions for greater than six (6) months, after which we may delete such call data. Standard and Premium subscribers will be able to retain this information past six (6) months by going to the App’s call details and sharing information to an email or cloud storage account. You acknowledge that you bear sole responsibility for the back-up of this information. 

Unsubscribe from ClipCall. It is best to complete this process from your Device’s “settings” app since you likely signed up for ClipCall through a Third-Party Platform; however, you can begin unsubscribing directly from within the App. In order to unsubscribe from ClipCall purchased through the App Store, please open the “settings” app on your Device>tap on your name at the top of settings to access iCloud/Apple ID settings > tap on subscriptions (if you don’t see subscriptions, tap on iTunes & App Store instead. Then tap on your Apple ID > tap View Apple ID > sign in > scroll down to subscriptions > tap subscriptions) > choose ClipCall and then tap on cancel subscription > confirm that you want to cancel your subscription to ClipCall. In order to unsubscribe from ClipCall purchased through the Google Play Store, please open the Google Play Store on your Device > tap on menu > tap on subscriptions > select ClipCall > tap on the cancel subscription option.

Account Deletion. If you want to delete your account, please open the App on your Device > tap on settings > tap on my account > tap on delete my account. Once you delete your account, you will no longer be able to access your recordings, transcriptions or anything else related to your account. If you signed up for ClipCall through our Website, your subscription will automatically be canceled during the account deletion process.

Legal Compliance. Certain states or countries may have laws prohibiting the recording of calls without consent from the parties to the call. You may violate a state’s or country’s criminal law or create civil liability for yourself by listening in on or recording a telephone conversation without first informing the other parties that you are doing so. By installing and using the App, you agree (i) to comply with all applicable laws and regulations; and (ii) that Picom has no liability for your failure to comply with all applicable laws and regulations.

Privacy. To learn more about how ClipCall collects, uses and discloses your personal information in connection with your use of ClipCall, please read the Privacy Policy.

Support. For more information about how ClipCall works, subscription and/or account management and answers to frequently asked questions, please reach out to office@picom.tech.

 

MASKOFF

General. Maskoff offers you the ability to learn who is calling you before answering a call by revealing caller ID information from blocked or unknown calls, to record calls.

Call Blocking Feature. In order to take advantage of Maskoff’s call blocking feature, you may be asked to enable call forwarding/blocking features on your Device during the installation and App setup process. Activating the call forwarding/blocking features means that certain incoming calls (e.g., declined calls, silenced calls or unanswered calls) are forwarded to Maskoff in order to identify and block nuisance and unwanted calls accordingly (or send them back to your Device as a safe call – all before your phone rings). Calls from your Device’s contacts go directly to your Device. When you dial the number provided to you during the setup process, a message will appear to inform you that calls will not be forwarded to that number. Please note that you are solely responsible for any charges imposed by your mobile service provider for (i) using the call forwarding feature, (ii) local or long distance usage, and (iii) text message and data usage.

Access to Contacts. In order for Maskoff to work correctly, we may also request during the onboarding process that we receive access to the numbers in your Device’s address book in order to whitelist them for you. Please note that we may not be able to provide these call forwarding and call blocking features if you do not choose to enable these functions or allow us access. 

Call Data Retention. We make no guarantees that we will retain certain call data such as calls, call recordings for greater than six (6) months, after which we may delete such call data. If you want to retain this information longer, you should go to the App’s call details and share the information to your email or cloud storage account. You acknowledge that you bear sole responsibility for the back-up of this information. 

New Features. Maskoff is constantly rolling out new features and updates and as a result users will be updated on any new feature announcements within the App. You can read about new Maskoff features within the calls section of the App. 

Unsubscribing from Maskoff. Maskoff will instruct you to first cancel your subscription in order to properly delete your account. It is best to complete this process from your Device’s “settings” app since you likely signed up for Maskoff through a Third-Party Platform; however, you can begin unsubscribing directly from within the App. In order to unsubscribe from Maskoff purchased through the App Store, please open the “settings” app on your Device>tap on your name at the top of settings to access iCloud/Apple ID settings > tap on subscriptions (if you don’t see subscriptions, tap on iTunes & App Store instead. Then tap on your Apple ID > tap View Apple ID > sign in > scroll down to subscriptions > tap subscriptions) > choose Maskoff and then tap on cancel subscription > confirm that you want to cancel your subscription to Maskoff. In order to unsubscribe from Maskoff purchased through the Google Play Store, please open the Google Play Store on your Device > tap on menu > tap on subscriptions > select Maskoff > tap on the cancel subscription option.

Account Deletion. If you want to delete your account, please open the App on your Device > tap on settings > tap on account > tap on delete account > confirm you want to delete your account by tapping continue. You will be redirected to cancel your subscription with Maskoff with the Third-Party Platform from which Maskoff was purchased from. Once you unsubscribe, you will be able to delete your account by tapping on delete forever

Please remember that simply deleting the App will not deactivate your Maskoff account nor will it end your subscription. In order to cancel Maskoff, you must go through the steps detailed above. 

Legal Compliance. Certain states or countries may have laws prohibiting the recording of calls without consent from the parties to the call. You may violate a state’s or country’s criminal law or create civil liability for yourself by listening in on or recording a telephone conversation without first informing the other parties that you are doing so. By installing and using the App, you agree (i) to comply with all applicable laws and regulations; and (ii) that Picom has no liability for your failure to comply with all applicable laws and regulations.

Privacy. To learn more about how Maskoff collects, uses and discloses your personal information in connection with your use of Maskoff, please read the Privacy Policy.

Support. For more information on Maskoff, please visit https://maskoff.app

 

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