1. Truecaller Terms of service
    Revised July 7, 2015
     

True Software Scandinavia AB ("Truecaller" or “we”) offers users (“Users” or "You") global phone community services transacted through licensed applications, including but not limited to the “Truecaller”, the “Truedialer” and the “Truemessenger” apps, (the “Truecaller Apps”) for mobile devices or via API.

These Terms of Service (“Terms”) will govern Your use of Truecaller’s software applications (including the Truecaller Apps), websites, web service API or other online services (all collectively “Services”), irrespective of release version. By accessing or using any of the Services, You agree to be bound by these Terms and, where Twitter services are made available therein, the Twitter Terms of Service, located at https://twitter.com/tos, and the Twitter privacy policy, located at https://twitter.com/privacy. For API Users, additional provisions apply in accordance with the API License Addendum (which is part of these Terms).

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 Integrity  

Being a collaborative community our top-priority will always be the relationship with our community. We are therefore firmly committed to the security and protection of integrity of our Users of the Services and their contacts.

For the purpose of the Truecaller Services, any data shared with Truecaller will only be used to link a name to a telephone number already available to the User, unless Truecaller Name Search has been activated, in which case Truecaller may forward the User’s contact request to a named person, and that person may then choose to share his or her number or not, entirely at his or her option. See further details in the Truecaller Privacy Policy.

Other name searches will only produce a number linked to the name if the number is available for search in a public database or relates to a User who has made his or her name available for search.

The Truecaller Privacy Policy further describes what information You may share with Truecaller and other Users and how Truecaller may use and share such information.

Consent to Use of Data

You agree that Truecaller, in accordance with the Truecaller Privacy Policy, may collect and use technical data such as Your IP address, device ID, usage data and related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You related to the Truecaller Apps.

You further agree and guarantee that, if You have opted in to participate in the Enhanced Search functionality, we may collect, use and share certain information regarding the contacts contained in Your device’s phone book (“Contact Information”) with other Users in accordance with the Truecaller Privacy Policy in order to provide the Services. By allowing Contact Information to be collected, You give Truecaller a right to use that Contact Information as a part of the Service and you guarantee that you have any and all permissions required to share such Contact Information with us. You may opt-out to prevent the sharing of Contact Information at any time.

  1. Truemessenger 

The Truemessenger app allows You to send messages via SMS or MMS for which Your mobile operator’s standard rates will apply. In order to facilitate the delivery of your messages, Truecaller may store your messages in encrypted form for a limited period of time. However, Truecaller does not monitor the content of such messages.

  1. Obligations and Restrictions to Use of Services  

You guarantee that any Contact Information and other data, such as Your profile information, You may transfer to Truecaller as a User of the Services (together “Content”), to the best of Your knowledge, is not false or otherwise may corrupt or disrupt the Services and that you have the right to share it with Truecaller and other Users.

Except as set forth in the API License Addendum, You shall not by any commercial means use the Services or otherwise transfer for value the Services or the Content. You agree not to challenge Truecaller's rights in or otherwise attempt to assert any rights in the Services, except those explicitly granted under these Terms. You agree not to use the Services except as expressly permitted under these Terms.

Scraping of any information contained in the Services, including any third party information accessible via the Services, is strictly prohibited.

The Services or the Content may not be used in any way, which is illegal, harmful or may be considered offensive by Truecaller, other Users or third parties. You therefore agree not to exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity. You further agree not to use our Services 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 Truecaller 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 Truecaller, You agree that Truecaller 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 breach of these Terms.

You may contact Truecaller at support@truecaller.com to report any violation or infringement of Your rights by Users of the Services.

  1. Proprietary Rights  

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Truecaller and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms.

  1. Scope of License  

Except as set forth in the API License Addendum and subject to your compliance with these Terms at all times, Truecaller grants You a personal, limited and non-exclusive right to use the Services for Your own personal, non-commercial use. This license does not allow You to use the Truecaller Apps on any mobile device that You do not own or control. You may only redistribute the Truecaller Apps unmodified for non-commercial purposes to a party that has agreed to these Terms. You may not copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Truecaller Apps, 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 as may be permitted by the licensing terms governing use of any open sourced components included in the Truecaller Apps).

The license does not allow You to use Truecaller’s name, trademarks or other commercial symbols. All rights and licenses not expressly granted to You under these Terms shall be retained by Truecaller.

In case You wish to use the Truecaller Apps as a part of Your own application or modify the Truecaller Apps, a separate agreement with Truecaller is required. Any API, commercial or enterprise use of the Services shall be governed by the API License Addendum.

  1. No Warranty  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TRUECALLER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS A RESULT, THE SERVICES ARE PROVIDED "AS IS" AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.

You understand and acknowledge that Truecaller will not be liable for network-related problems attributable to the operation of the Services and that network configuration changes may affect the Services’ performance.

Truecaller makes no representation that the Services are available for use in any particular location. To the extent You choose to access the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

  1. Limitation of Liability  

TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT TRUECALLER 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, Truecaller 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 Truecaller Apps and cease use of the Services.

TRUECALLER SHALL NOT BE LIABLE FOR THE VALIDITY AND CORRECTNESS OF THE CONTENT PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE DONE AT YOUR OWN DISCRETION AND RISK.

Truecaller controls and monitors Content made available by the Users via the Services, but can nevertheless not guarantee its origin and correctness. Therefore, You accept that You via the Services may be exposed to information that is erroneous or otherwise objectionable. Truecaller shall not be liable for the Content and other information disseminated or delivered through or in connection with the Services. You agree that You shall bear all risks associated with the use of such information.

Nothing in this section Limitation of Liability shall, however, limit or exclude the Responsible Publisher’s liability under the Swedish Fundamental Law on Freedom of Expression.

  1. Support  

Truecaller strives to provide adequate and efficient technical support, upgrades and updates for the Services. Truecaller shall not, however, be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit the support, upgrades and updates provided from time to time.

  1. Termination  

Your right to use the Services continues until these Terms are terminated. Truecaller may terminate them and Your use of the Services at any time with thirty (30) days’ advance notice. You may terminate them at any time by uninstalling the Truecaller Apps and ceasing the use of the Services. These Terms will automatically terminate if You fail substantially to comply with them. Upon any termination, You agree to stop using the Services. Upon termination by You, or by Truecaller due to Your breach of these Terms, You will not be refunded any part of the Services, license fees or other prepaid fees, if any. Upon termination by Truecaller without cause, You will be refunded such prepaid fees following a written request by Yourself, provided a receipt for such fees and a clear payment instruction are included.

Any prepaid fees for the Services are connected to the User device as well as its phone number. Therefore, if You change 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. Truecaller reserves the right, at its own discretion, to remove any remaining balance resulting from prepaid fees without any right of refund twelve (12) months from the purchase.

Provisions of sections No Warranty, Limitation of Liability, and Termination shall survive any termination of these Terms.

  1. Assignability  

Truecaller reserves the right, at its own discretion, to freely assign and transfer the rights and duties under these Terms to any third party.

Additional and Changed Terms

As Truecaller provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices hereto. For API Users, the API License Addendum applies.

Truecaller reserves the right to modify the Services and these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof via publication on the Truecaller website and provided the option to immediately terminate the Services. If You choose to terminate the Services, You will be refunded any prepaid credits or other prepaid fees, following a written request by Yourself, containing a receipt for any such fees and a clear payment instruction. The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at www.truecaller.com.

Governing Law

Your use of the Services and their various functionalities and the ensuing relationship between you and Truecaller are governed by these Terms, which shall be construed in accordance with, and governed by, the laws of Sweden, excluding its choice of law rules. All disputes relating to these Terms shall exclusively be adjudicated in Sweden, with the District Court of Stockholm as the court of first instance.

Protected Published Content

The Swedish Authority for Radio and Television (Sw: myndigheten för radio och tv) has issued a Publishing Certificate (Sw: utgivningsbevis) for the Truecaller database and website (TrueCaller, www.truecaller.com) in accordance with the Database Rule of the Swedish Fundamental Law on Freedom of Expression (Sw: 1 kap. 9 § andra stycket yttrandefrihetsgrundlagen). The content of the database and website and the processing thereof is therefore subject to constitutional protection under the Swedish Fundamental Law on Freedom of Expression (Sw: 1 kap. 9 § andra stycket yttrandefrihetsgrundlagen). Responsible Publisher is Mr Alan Mamedi, appointed by True Software Scandinavia AB.

User Generated and Third Party Content

Please note that certain information and other materials contained in the Services have been submitted by other Users or third parties. Such content may be unmoderated and will in such case constitute a separate database which is excluded from constitutional protection under the Swedish Fundamental Law on Freedom of Expression and Truecaller is not liable for the publication of such content. Such unmoderated content includes User profile information, status updates and messages (including messages sent by using the Truemessenger app). Any such unmoderated information or other materials in the Services is explicitly indicated as such, for example by the following clearly visible blue “True Badge” pinned to it. Furthermore, the Services may contain links to external content provided by third party websites and services. Such content is not part of the Truecaller database and is not constitutionally protected. Truecaller is not liable for any such third party content.

Please note that You are solely liable for any information and other materials that You submit for publication in the Services which will not be moderated by Truecaller, including, without limitation, Your profile information, status updates and messages (including messages sent by use of the Truemessenger app). Before any submission and publication of such information and materials is effected we will inform You that you are solely liable for such submission and publication.

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