- 1. Your Acceptance
1.1. S.A.M. DEFCOM (hereinafter - "Company", "we" or "us", or "our", or other similar pronouns) offers you calling and text messaging services through licensed software application "DefTalk" (hereinafter - "Licensed Application") for mobile devices available on app’s website at www.deftalk.com ("Site").
1.2. The Site, the Licensed Application and the various services offered to you may be collectively referred to in these terms as the "Service".
1.3. You understand that, just like a regular mobile phone service, anyone with knowledge of your phone number may call you or send you messages through our Licensed Application.
1.4. Our Licensed Application is licensed, not sold, to you for use only under the terms of this Agreement.
1.6. While using the Licensed Application, you may encounter content that may be deemed indecent, objectionable or offensive. Nevertheless, you agree to use our Licensed Application at your own risk, and Company shall not be liable to you for content that you may find offensive.
1.7. Users shall not: commit acts prohibited by this Agreement; use the Site www.deftalk.com and/or Licensed Application in any manner that may interfere with the normal functioning of the Site and/or Licensed Applications, and Servers.
1.8 Continued use of the Site and/or Licensed Application by the User implies that the User acknowledges and agrees to comply with the following terms of the Agreement. Should the User decide not to accept or accept the Agreement with reservations, he shall immediately leave the Site and/or terminate his use of the Licensed Agreement.
1.9. You agree that Company shall not be liable to you for any circumstances in connection with using DefTalk Licensed Application.
1.10. No damages shall be awarded to the User by Company in connection with using DefTalk Licensed Application. You agree that you waiver all liability from Company and that you assume all risks.
- 2. No access to emergency services
2.1. Licensed Application is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services.
- 3. Restrictions on use
3.1. In some countries there are restrictions on the use of the Licensed Application. It is your responsibility to ensure that you are legally allowed to use DefTalk where you are located.
- 4. Scope of Agreement
4.1. This Agreement is non-exclusive.
4.2. You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application.
4.3. Any commercial copying or distribution, publication or exploitation of the Site, or any content, software or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder.
4.4. If you breach these restrictions, you may be subject to prosecution and damages.
4.5. The terms of the Agreement will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate agreement in which case that agreement will govern.
- 5. Consent to Use of Data
5.1. By using the Licensed Application, you understand and agree that you provide DefTalk with technical data and related information, including but not limited to your mobile phone number. You agree that in order to ensure proper functioning of the application DefTalk will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other DefTalk users.
By providing your mobile phone number, you consent to provide DefTalk with access to your address book or contact list on your mobile phone in order to use the Application. We do not collect names, addresses or email addresses. We collect only mobile phone numbers, technical information about your mobile device, that is gathered periodically to facilitate the provision of software updates, product support and other services.
The aforementioned personal data can be stored and processed by the Company over a period of time of your using the service and for the period of 1 year after your most recent use of the application; we may use this information to improve our Service.
- 6. Changes to this Agreement
6.1. Company may make changes to the terms of this Agreement from time to time. We will publish the changes at www.deftalk.com.
6.2. The changes will be effective when published. Please review this Agreement on a regular basis.
6.3. You understand and agree that your acceptance of the terms of this Agreement or your use of the Service after the date of publication of varied terms shall constitute your agreement to the updated terms.
6.4. If you do not agree with the amended terms, you may terminate your relationship with Company in accordance with paragraph 7 below.
- 7. Agreement Termination
7.1. The Agreement is effective until terminated by you or us.
7.2. You may terminate your relationship with Company at any time.
7.3. If you are using our free Service, you may simply cease to use the Service or delete our Licensed Application.
7.4. If you registered for our additional services, you can request that Company delete your User Account (as defined below).
7.5. Company has the right to terminate your rights under this Agreement without notice if you fail to comply with any terms of this Agreement.
7.6. Upon termination of the Agreement, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
7.7. Company has the right to deny you access to the Site's services or block you at any time with no prior notification:
- if you are in breach of the terms of this Agreement;
- if Company reasonably suspects that you are using the Service to break the law or infringe third party rights;
- if Company reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
- if Company reasonably suspects that you are using any of our products fraudulently or that your "User Account" is being used by a third party fraudulently;
- immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of Company's partners;
- If you perform actions aimed at disrupting the normal functioning of the Site, Licensed Application and User Accounts;
- If you make commercial offers to other users;
- If any of your actions constitute fraudulence, including using malware, software bugs;
- If any of your actions constitute an imminent threat for Servers;
- If your actions fall under any of the paragraphs in Section 9.4 (Your obligations) herein. In this case, you will be solely liable for any losses, damages or expenses arising out of or in connection with the implementation of any illegal activities. In this case, you waive any claims against the Company.
7.8. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
- 8. The Service
8.1. Once you have downloaded the Licensed Application and become a Service user, you can contact any other Licensed Application user for free.
8.2. The Service also allows users to submit status text, photos, videos and other communications (collectively, the "User Submissions"). These User Submissions may be hosted, shared and/or published as part of the Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not blocked.
8.3. You acknowledge and agree that any of your User Submissions may be viewed by other users that have your mobile phone number. You retain your ownership rights in your User Submissions.
8.4. You understand that whether or not such User Submissions are published, Company does not guarantee any confidentiality with respect to any User Submissions.
8.5. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
8.6. User Submissions do not necessarily represent the views or opinions of Company, and Company makes no guarantees as to the validity, accuracy or legal status of any User Submission.
8.7. In connection with your User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions in the manner contemplated by the Service and this Agreement.
8.8. In connection with your User Submissions, you affirm, represent, and/or warrant that you have the written consent, release, and/or permission of each identifiable individual person referenced in your User Submission to use their name and likeness in your User Submission.
8.9. By submitting the User Submissions to Company, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions in connection with the Service and Company’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
8.10. You also hereby grant every user of the Service a non-exclusive license to access your User Submissions through the Service.
8.11. You further agree that you will not violate any of the restrictions listed in Prohibited Uses set forth in paragraph 9.4 below.
8.12. Company does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
8.13. In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent or objectionable.
8.14. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
8.15. We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
8.16. We reserve the right to change, suspend, remove or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
8.17. Company may automatically check your version of the Licensed Application.
8.18. Company has no obligation to make available any updates. However, we may require you to download and install updates or automatically download and install updates to your device.
8.19. Company does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to Company through the Site, social networks or otherwise, you acknowledge and agree that Company shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this Agreement limits or restricts Company's right to independently use, develop, evaluate or market products, whether incorporating the Feedback or otherwise.
8.20. You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
8.21. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Company where none exists.
8.22. You may not frame the Site on any other website.
8.23. Company may revoke the permission to link to the Site at any time at its sole discretion.
- 9. Your Obligations
9.1. If you choose to use the Service to contact a number inside the DefTalk community, you must install our DefTalk software and create a User Account by selecting a password and providing your name and password. You are responsible for all activities that occur under your User Account.
9.2. You agree to notify Company immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account.
9.3. Company will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Therefore, we recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. Company takes no responsibility for your failure to comply with the obligations in this paragraph.
9.4. You may not:
- intercept or monitor, damage or modify any communication which is not intended for you;
- use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service;
- send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
- expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
- use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
- use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
- collect or harvest any personally identifiable information, including account names, from the Service; or
- impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
- dissemination of child pornography (including sites that use images of children);
- dissemination of all types of illegal pornography;
9.5 Adult content must be identified as such.
- 10. Disclaimer of Warranties
10.1. You expressly Acknowledge and agree that use of the service, including the Site and Licensed Application are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, our service is provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Service, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
10.2. We do not warrant against interference with your enjoyment of the Service or that the Service will be uninterrupted or error-free, or that defects in the Service will be corrected. no oral or written information or advice given by us shall create a warranty. Should the Service cause any defects, you assume the entire cost of all necessary servicing, repair or correction.
10.3. To the extent not prohibited by law, in no event shall we be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Service, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00)
10.4. You will not use or export the Licensed Application or any product or service offered on the Site or through the Service, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
- 11. Ownership Rights
11.1. The Service, including the Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties.Trademarks associated with DefTalk Licensed Application, and any other trademarks, service marks and trade names used by Company, both in its own name or jointly with them, are Company trademarks, and Company reserves all rights to such trademarks. In addition to trademark rights, Company has the rights to all other materials, including, without limitation, images, pictures, graphics, photographs, animations, videos, music, audio and texts available via the Licensed Application or the Internet (“Site content”). The Site content is protected by copyright and other intellectual property rights. You hereby acknowledge that by using DefTalk Licensed Application you do not acquire any rights to trademarks, software, images, pictures, graphics, photographs, animation, videos, music, audio and texts available via Site content, and you may use them only in full compliance with this Agreement.
11.2. Your use of our Service does not grant to you, nor do you acquire any ownership rights in the Company Technology.
11.3. . Company does not allow for copyright infringement and for the violation of intellectual property rights through the use of the DefTalk application, Company will remove all Materials that violate intellectual property rights, if properly notified that such content or User Submissions infringes on another's intellectual property rights. To file a copyright infringement notice, please contact our Customer Support Service
- 12. Links to Third Party Websites
12.1. This User Agreement applies to all users of DefTalk application. Information provided by our users via DefTalk application may contain links to other third party sites. Such Third Party Sites are not owned or controlled by the application.
DefTalk does not control and is not responsible for the content, confidentiality policy or methods of operation of such Third Party Sites. Furthermore, DefTalk shall not and cannot subject to censure or change the content of any third party site.
By using the Application, you expressly acknowledge and agree that DefTalk shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website. Use of third party sites by you shall be regulated by terms and conditions published on the corresponding sites.
- 13. Advertising and in-app purchases
13.1 From time to time, DefTalk may offer you free trial period for Paid products.
DefTalk shall reserve the right to charge payment for the use of such Products;
13.2 The Company reserves for itself the right to introduce additional in-App purchases into the Service, e.g. new paid stickerpacks into the App;
13.3 The Company reserves for itself the right to build in Advertising services in the App.
- 14. Age Restrictions
14.1. The protection of the privacy of young children is a very significant aspect of Company policy The Site and DefTalk software clients are not intended and were not designed to attract people under 16 years of age, and we are not using the Site or Licensed Application to intentionally phish or pharm for data of users under 16 (or older in some jurisdictions). We encourage parent involvement in the online activities of their children to ensure confidence in the fact that no information about their child is gathered without parental consent. You acknowledge that you are legally capable to act in your jurisdiction, are of sound mind and are capable to claim responsibility for your own actions. If you are under the age of consent in your jurisdiction to enter into a binding agreement (and you are over 16 years of age), you agree that you are either an emancipated minor, or have legal parental or guardian consent, and you are fully able and competent to enter into a legal relationship with respect to the terms, conditions, obligations, claims, representations, and warranties herein, and to respect and perform this Agreement.
If you are an EEA resident and are under 16 years old, but older than 13 years old, you may use DefTalk Service only upon your parental written consent. Such a consent must be sent to our legal address.
- 15. Governing law and dispute resolution
15.1. Except to the extent that any applicable additional terms incorporated into these Terms provide differently, these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the Principality of Monaco.
DEFTALK TERMS OF SERVICE (USA-SPECIFIC TERMS)
If you are a user of DefTalk in the United States of America, the below Additional Terms: (a) are incorporated into these Terms; (b) apply to your use of DefTalk; and (c) override the head terms of these Terms to the extent of any inconsistency.
If you are a user of DefTalk in the USA, the following terms expressly replaces the above "Governing law and dispute resolution" section of these Terms.
If you live in (or, if a business, your principal place of business is in) the United States, the laws of the State of New York govern all claims, regardless of conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts of New York, for all disputes arising out of or relating to these Terms that are heard in court (excluding arbitration).
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
In the event of a dispute, you and we agree to try for ninety (90) days to resolve it informally. If you and we are unable to come to informal resolution within ninety (90) days, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA") (with such arbitration to be conducted under the AAA's Commercial Arbitration Rules), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, and nor is combining individual proceedings without the consent of all parties. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. You and we must file in arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of these provisions regarding arbitration is found to be illegal or unenforceable, that provision will be severed but the rest of these provisions regarding arbitration still apply.
If you are a California resident, then (except to the extent prohibited by applicable laws) you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor”.
- 16. General
16.1. This Agreement is the entire agreement between you and Company relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This Agreement may not be modified or amended except as described herein by Company or otherwise with the written agreement of Company.
Date Last Modified:
This user agreement was last modified May 27, 2019