Last update 1 September 2022
IMPORTANT: BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES WITH DYNAPPS BILISIM HIZMETLERI VE TICARET LIMITED SIRKETI THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTIONS 9 BELOW.
DoCall is a brand of DynApps Bilisim Hizmetleri ve Ticaret Limited Sirketi. DynApps Bilisim Hizmetleri ve Ticaret Limited Sirketi ("DynApps Bilisim Hizmetleri ve Ticaret Limited Sirketi", "DoCall", "DynApps LTD", "DynApps", "we", "us" or "our") provides this application, including any new features and related services, (collectively, the “Service” or “Services”) to you subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are accessing and/or using the Services on behalf of another individual, or as a consultant or agent of a third party, you represent and warrant that you have the authority to act on behalf of and bind such individual or third party principal to these Terms.
Your use of the Services is also subject to the Privacy Policy located at https://static.docall.me/page/ios/privacy and https://static.docall.me/page/android/privacy , which is hereby incorporated by reference into these Terms of Service. In addition, when using certain related services and features provided by third parties in connection with the Service, you will also be subject to those third parties’ terms.
The Services are transacted through a licensed application for mobile devices. Our Licensed Application is licensed, not sold, to You for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to You.
Please read this Agreement carefully before you download, install or use the App.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE.
We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit the Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service and will indicate the date they were last revised by the posted Effective Date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. It is your responsibility to regularly check the Terms of Service to determine if there have been changes to these Terms of Service and to review such changes.
By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.
As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license to access and use the App pursuant to this Agreement on any products that you own or control except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing (the “License”).
The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
In the event of any third party claim that your possession and use of the App infringes that third party’s intellectual property rights, Apple and Google will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of DoCall and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
THIRD PARTIES’ TECHNOLOGIES INTEGRATED INTO THE APP
Our third party services available within the App rely on the technology from Twilio. By using our services, you agree to Twilio's privacy policy, terms of use and "End User License". Please read https://www.twilio.com/legal/tos and https://www.twilio.com/legal/privacy for details.
The Service is designed to allow users to obtain temporary telephone numbers for voice, SMS, and MMS use, as well as to make and receive voice calls, SMS, and MMS messages via these numbers.
An underlying wireless phone service is required to use the Service. You are solely responsible for procuring, maintaining, and paying for the underlying phone service that will connect calls made with the Service to your phone. Using the Service requires using your own voice minutes and data plan. Fees, service charges, per message and per-minute usage and other charges may be assessed by your underlying phone service provider for any calls received through the Service. DoCall is not responsible for your underlying phone service, for any calls made or messages sent across telecommunications networks which are not owned by DoCall, or for problems with your underlying phone service including but not limited to no service, poor reception, and dropped calls. When you use DoCall to send messages, these messages will not be itemized on your wireless telephone invoice. Additionally, as explained in detail below, THE SERVICE CANNOT BE USED FOR 911 OR EMERGENCY CALLING. YOU MUST USE YOUR UNDERLYING PHONE SERVICE FOR 911 OR EMERGENCY CALLING.
DoCall reserves the right to change temporarily or permanently, the Service in whole or in parts with or without notice. If the Service is modified, suspended or terminated, you agree that DoCall will not be liable to you or any third party.
DoCall is not liable or responsible for any deletion or failure to store any data, texts, numbers, conversations, recordings. DoCall reserves the right to store or delete any data or content on our servers and we can choose to store any data as short or long as is needed and we can terminate or delete accounts and data when they are not used or inactive for an extended period of time determined by us. By using the Service, you agree that the collection, processing of your information, storage and any international transfer will be governed by our Privacy Policy.
You may be required to register with DoCall to access and use certain features of the Service. Your registration must be accurate, true, current and complete. Information such as address, phone number and others may be required based on our discretion and for using specific services like buying phone numbers from countries that require users to register with their real address. Registration data and certain other information about you are also governed by our Privacy Policy.
If you are under 13 years of age, you are not authorized to use the Service, with or without registering. By using the Service, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed the Terms of Service with your parent or guardian and he or she assents to the Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.
If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Terms of Service or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
The App is provided on a free basis. Once you download the App, you’ll have access to its basic features.
If you choose to subscribe to DoCall Subscriptions Packages (“Premium Service”), you are signing up to an auto-renewing subscription requiring recurring payments and agree to pay the then current applicable Premium Service fee listed in the agreement. You will be billed for the subscription either through your credit card or through your intermediary provider such as iTunes, Google Play, Apple AppStore or a similar app store (the “App Store”). The fee will be billed on a weekly, monthly, quarterly, 6 monthly, annual or another basis from the date you first subscribe to the Premium Service, and automatically renew on each week, month or quarter or 6 month or year or another renewal thereafter, unless and until you cancel your subscription.All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods.
Access to some services and/or additional features within the App (“Premium Service”) requires paid subscriptions. You will have an opportunity to try Premium Service during the free trial period as provided on the subscription screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period. Premium Services are available during the whole free trial period.
When using the App, you can choose different subscription options. Subscription prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.
Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your store settings at least 24 hours before the end of the current period. Payment will be charged to App Store at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription. If you would prefer to opt out from this service, please contact us at [email protected].
Certain services within the App may be available as an In-App Purchase.
Your subscription will continue unless and until you cancel your subscription or we terminate it. You may cancel your subscription any time before each monthly renewal in order to avoid billing of the next period’s Premium Service fee to your chosen payment method. You may cancel your subscription by following your App Store procedures to cancel. If you choose to cancel your Premium Service, you may use the Premium Service until the end of the current period but will not be issued a refund for the most recently (or any previously) charged monthly fees.
DoCall reserves the right to discontinue or modify any subscription fee payment option. We may change the pricing for the Service by updating the website without any additional notice to you, provided that any changes will not take effect until your subscription renews. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Premium Service that is subject to the promotion.
DoCall DOES NOT OFFER 911 OR 112 OR YOUR LOCAL COUNTRIES EMERGENCY CALLING FOR THE SERVICE. DO NOT USE THE SERVICE TO CALL 911 OR 112 OR YOUR LOCAL COUNTRIES OTHER EMERGENCY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BE USED TO MAKE OUTBOUND CALLS, INCLUDING CALLING 911 OR 112 OR YOUR LOCAL COUNTRIES ANY OTHER APPLICABLE EMERGENCY SERVICES.
You agree that DoCall, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, any attorneys’ fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or 112 Calls or your local countries emergency number or make an emergency call using the Service. You hereby waive all claims and causes of action against DoCall, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or 112 Calls or your local countries emergency number or make an emergency call using DoCall Services.
Short code numbers can only reach numbers from the same country as the short code. Therefore, you must ensure you're using a DoCall number from the same country as the short code, in order to receive messages. For example, if you are trying to receive messages from a Canada short code, you will need to use a Canada DoCall number.
DoCall cannot guarantee that every short code will be able to reach your DoCall number, even if the DoCall number is from the same country as the short code. There may be cases where a short code carrier does not have reach to DoCall; certain short code providers cannot reach some VoIP platforms. Some companies may also choose not to send to VoIP platforms. This is common with OTP messages from larger companies such as Apple, Microsoft, Google, Facebook, and WhatsApp.
You will not be able to send outbound messages from your DoCall numbers to short codes.
By enabling this feature, you understand and acknowledge that you will be unable to send messages from your DoCall long code number(s) associated with this account to any short code numbers, including, but not limited to, reply messages such as standard opt-out or help messages (i.e., STOP, UNSUBSCRIBE and HELP).
You agree that DoCall long code numbers will not be able to send such opt-out messages. You also agree that you will not hold or seek to hold DoCall liable in connection with any failure to deliver messages, including opt-out or help reply messages, that are attempted to be initiated from your long code number(s) associated with this account to short code numbers, including, but not limited to, with respect to claims brought under the Telephone Consumer Protection Act, CAN-SPAM, or any similar laws in any country around the world. You agree to indemnify DoCall and hold DoCall harmless for any claims brought by third parties that arise from the failure to deliver messages of any kind, including reply messages, from your long code number(s) associated with this account to short codes. You also agree not to bring suit against any third party for failure to respond to messages you attempted to send to a short code number from your DoCall long code numbers.
Short code numbers can only reach numbers from the same country as the short code. Therefore, you must ensure you're using a Twilio number from the same country as the short code, in order to receive messages. For example, if you are trying to receive messages from a Canada short code, you will need to use a Canada Twilio number.
Twilio cannot guarantee that every short code will be able to reach your Twilio number, even if the Twilio number is from the same country as the short code. There may be cases where a short code carrier does not have reach to Twilio; certain short code providers cannot reach some VoIP platforms. Some companies may also choose not to send to VoIP platforms. This is common with OTP messages from larger companies such as Apple, Microsoft, Google, Facebook, and WhatsApp.
You will not be able to send outbound messages from your Twilio numbers to short codes.
By enabling this feature, you understand and acknowledge that you will be unable to send messages from your Twilio long code number(s) associated with this account to any short code numbers, including, but not limited to, reply messages such as standard opt-out or help messages (i.e., STOP, UNSUBSCRIBE and HELP).
You agree that Twilio long code numbers will not be able to send such opt-out messages. You also agree that you will not hold or seek to hold Twilio liable in connection with any failure to deliver messages, including opt-out or help reply messages, that are attempted to be initiated from your long code number(s) associated with this account to short code numbers, including, but not limited to, with respect to claims brought under the Telephone Consumer Protection Act, CAN-SPAM, or any similar laws in any country around the world. You agree to indemnify Twilio and hold Twilio harmless for any claims brought by third parties that arise from the failure to deliver messages of any kind, including reply messages, from your long code number(s) associated with this account to short codes. You also agree not to bring suit against any third party for failure to respond to messages you attempted to send to a short code number from your Twilio long code numbers.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet.
You further understand and agree that you are solely responsible and liable for any consequences and effects of all calls, content, texts and other usage of our service, you will notify us and assist us with any investigations that is conducted based on the information.
We are not obliged to monitor your use, access and content but have the right to do so to make sure that the Service is used appropriately and in compliance with all laws national and international. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
You shall notify us immediately upon becoming aware of the commission by any person of any Prohibited Uses of the Service by using the contact information listed in Section below and shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide.
You acknowledge that your use of the Services will not violate any laws whether local, municipal, state, national or international and the rights of any third party. You acknowledge that we are obliged to share and disclose information to law enforcement organization and government if required to do so by law. We are not obliged to disclose affected users especially when the laws forbid us to do so.
Unusually high usage of the Service attributable to individual accounts may impair DoCall’s ability to provide the Service to other customers and/or indicate misuse of the Service. Accordingly, reasonable use means that your use of the Service (a) does not materially impair DoCall’s ability to provide the Service to other users and (b) is not used for any Prohibited Uses set forth in this Terms of Service. Except where prohibited by law, if you violate the Reasonable Use Policy, you hereby acknowledge and agree that DoCall may modify, suspend, terminate, disconnect or take any other action regarding your Service to prevent continued violation of this Reasonable Use Policy.
Phone numbers are assigned for your use on a temporary behalf and does not mean that you are the owner of the phone number. DoCall reserves the right to reassign or change the telephone number that is assigned to you and will not be liable for any damages whatsoever arising out of this change. Furthermore, any assigned numbers may not be guaranteed to be available and if they cease to be available, we reserve the right to reassign you a different number but will not be liable for any damages or expenses as a result of the reassignment.
DoCall cannot guarantee that any specifically requested telephone numbers or area codes will be available or remain available. DoCall will not be liable for reimbursement for any expenses or any other damages you incur related to the assignment of a specific telephone number, including but not limited to business cards, stationery, event bookings, press releases or any other post or advertisement under any conditions, or for any other alleged damages, including without limitation consequential or special damages arising from any alleged failure to provide you with a specific telephone number or if your assigned number becomes unavailable or must be reassigned for any reason at any time.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
You acknowledge that we have no obligation to monitor your access to or use of the Service, or to review or edit any content, but we have the right to do so: (a) for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, enforcing our Reasonable Use Policy below, investigation and customer support purposes): (b) to ensure your compliance with the Terms of Service; (c) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; (d) to respond to content that we determine is otherwise objectionable or as set forth in the Terms of Service. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole discretion, consider to be objectionable for any reason, in violation of the Terms of Service or otherwise harmful to the Service. In order to protect the integrity of the Service, we also reserve the right at any time in our sole discretion to block users using any technologically available measures available in our sole discretion from accessing and using the Service.
You acknowledge that DynApps reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth in the Service or on the https://static.docall.me/page/ios/terms and https://static.docall.me/page/android/terms. You are responsible for paying all charges related to your account, including but not limited to, toll-free, local, long distance, data, roaming and directory assistance charges for your underlying phone service, and for all taxes and surcharges imposed on you or us as a result of your use of the Service.
Except where required by law, DynApps is not obligated to store your voicemails, sent/received calls, text messages, pictures, and/or other information maintained or transmitted by the Services. You agree that DynApps has no responsibility or liability whatsoever for the deletion or failure to store any voicemail and/or other information maintained or transmitted by the Service.
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by DoCall or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with DoCall. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of DoCall or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of DoCall or third party trademarks.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. DoCall has no control over such sites and resources and DoCall is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that DoCall will not be responsible or 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that DoCall is not liable for any loss or claim that you may have against any such third party.
In addition, DoCall is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social networking services. As such, DoCall is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social networking services. DoCall enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You agree to release, defend, indemnify and hold harmless DoCall, its affiliates and its licensees and licensors, and their respective employees, contractors, agents, officers, directors, and suppliers, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgements, awards, costs and expenses (including but not limited to reasonable legal fees), resulting from or arising out of (a) improper use of and access to the Services, by you or any person using your account; (b) a breach of these Terms and/or Company policies; (c) any claim or allegation that your use of the Services infringes the intellectual property or other proprietary rights of DoCall or any third party; or (d) your breach of any laws, regulations or third party rights.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DoCall EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DoCall MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CALLS, TEXTS, CONVERSATIONS PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DoCall WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DoCall HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONVERSATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DoCall’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DoCall IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
A. Federal Arbitration Act. The parties agree that this Terms of Service affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Initial Dispute Resolution: You can email [email protected] to address any concerns you may have regarding the Service. Our customer service will try its best to resolve most issue and troubleshoot most problems with the service quickly to our customer’s satisfaction. Both parties will enter into a good faith negotiation to settle any dispute, issues, claims or disagreement in using the service before initiating a lawsuit or arbitration.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability), the Service, any person’s access to and/or use of the Service, and/or the provision of content, products, services, and/or technology on or through the Service.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in San Francisco, California.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of DoCall, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Service (such as with respect to their validity or enforceability), and/or the Service, and/or any person’s access to and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
You agree that DoCall, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and permanently remove access to the Service or any assigned numbers, for any reason, including, without limitation, for lack of use or if DoCall believes that you have violated or acted inconsistently with the letter and/or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. DoCall may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that DoCall may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that DoCall will not be liable to you or any third-party for any termination of your access to the Service. In order to protect the integrity of the Services, DoCall also reserves the right at any time in its sole discretion to block users from accessing and using the Service.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without DoCall’s written consent. DoCall may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder at its sole discretion by providing you with notice of the assignment.
At DoCall, we respect the privacy of our users. For details please see our privacy at https://static.docall.me/page/ios/privacy and https://static.docall.me/page/android/privacy . By using the Service, you consent to our collection and use of personal data as outlined therein.
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Services.
In case of dispute, Istanbul Anadolu Mahkemeleri (Courts) are authorized and Turkish Law is applied in disputes.
If you have any questions or concerns regarding this Terms of Service, please send us an email at [email protected] or call +90 212 400 0655 or write to us at DynApps Bilisim Hizmetleri ve Ticaret Limited Sirketi,Visnezade Mah. Suleyman Seba Cad. No:79 Ic Kapi No:1 Akaretler, Besiktas-Istanbul / Turkiye.