Last updated on March 14, 2016
DESCRIPTION OF SERVICE
The company TOP PORADCE s.r.o., Identification No. 288 66 291, with its registered office at Široká 36/5, 110 00 Prague 1, Czech Republic, registered within the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 149988, is the sole owner of the mobile phone application for various platforms called Call Smartly and of all rights related to mentioned application including but not limited to the domain callsmartly.com and online.callsmartly.com.
(herinafter reffered also as the „Provider“)
(hereinafter reffered also as the „User“)
Call Smartly is a mobile phone application for various platforms, operated by the ProviderIt enables its users to track and analyze their dialing activity and the results they achieved. Your use of the Call Smartly mobile phone application and all the related services provided through it, including an online account accessible through http://callsmartly.com and http://online.callsmartly.com (collectively referred "Call Smartly") is subject to the terms of a legally binding agreement ("Terms") between you and the Provider.
The Call Smartly mobile application is available for download free of charge, as well is the creation and use of the online user account. Some of the features of the online account require the user to make a purchase.
These Terms set forth the standards of use for Call Smartly. By using the Call Smartly mobile app and/or the Callsmartly.com website, you agree to these Terms. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of Call Smartly, and Callsmartly.com
ACCEPTANCE OF THESE TERMS
By accessing or otherwise using Call Smartly, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
If you do not understand and agree to these Terms, please do not use Call Smartly and do not register to be a user or create an account on Callsmartly.com.
If you have any questions or concerns regarding these Terms, please let us know by contacting us at the address given below. Do not use Call Smartly until these questions and concerns have been answered to your satisfaction and you agree to abide by the terms and conditions of these Terms.
MODIFICATIONS TO THESE TERMS
ONLINE ACCOUNT FOR REGISTERED USERS
You can use the Call Smartly mobile application, assuming you will comply with these Terms where applicable, without having to create an online account. In order to use additional features and services of Call Smartly accessible through Callsmartly.com, you must create an account by providing as your unique identification the telephone number of the phone you will have downloaded the Call Smartly mobile app on and your email, as indicated in the Call Smartly mobile application registration form. Completion of registration will make you a registered user of Call Smartly.
You agree that the Provider may refuse registration, change the details, remove or replace an account for reasons including, but not limited to, using identification details to impersonate another person.
If you elect to register to utilize Call Smartly you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the account registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or the Provider has reasonable grounds to suspect that such is the case, the Provider has the right to suspend or terminate your account and refuse any and all current or future use of Call Smartly (or any portion thereof). You also agree to provide payment as applicable.
In addition to any other Registration Data, you will be sent automatically generated password upon registration, which you will be able to change at any time. You are solely responsible for maintaining the confidentiality of any password you may use to access Callsmartly.com, and agree not to transfer your login details or password, or lend or otherwise transfer your use of or access to Callsmartly.com, to any third party. You are fully responsible for all activity that occurs in connection with your login details or password. You agree to immediately notify the Provider of any unauthorized use of your login details or password or any other breach of security related to your account or Callsmartly.com, and to ensure that you "log out"/exit from your account (if applicable) at the end of each session. The Provider is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You agree that the Provider, in their sole and absolute discretion, may terminate your password, account (or any part thereof) or use of Callsmartly.com, for any or no reason, including, without limitation, if they believe that you have violated or acted inconsistently with the letter or spirit of these Terms. The Provider may also in their sole discretion and at any time discontinue providing Call Smartly, or any part thereof, with or without notice. You agree that any termination of your access to Call Smartly, or any part thereof, under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Provider may immediately deactivate or delete your account and all related information and data in your account and/or bar any further access to such data or to Call Smartly, or any part thereof. Further, you agree that the Provider shall not be liable to you or any third-party for any termination of your access to Call Smartly, or any part thereof.
USER CONDUCT AND ACCEPTABLE USE POLICY
Unauthorized use of Call Smartly, or any part thereof, is expressly prohibited. You may not use Call Smartly in any way that violates applicable laws, or for any unlawful purpose.
Additionally, the Provider reserves the right, without limitation, to terminate your access to and use of Call Smartly if, in their view, your conduct fails to meet any of the following guidelines for user conduct:
- You may not misrepresent your identity or impersonate any person.
- You may not attempt to gain access to any account, computers or networks related to Call Smartly without authorization.
- You may not attempt to obtain any data through any means from Call Smartly, except if the Provider intends to provide or make it available to you.
- You may not attempt to charge others to use Call Smartly either directly or indirectly.
- You may not use Call Smartly to harvest or otherwise collect information about others, including telephone numbers and/or e-mail addresses.
- You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with Call Smartly.
All judgments concerning the applicability of these guidelines shall be at sole and exclusive discretion of the Provider. The Provider reserves the right, in their sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit their response to a future complaint.
LICENSE AND OWNERSHIP
Call Smartly and all rights therein, including intellectual property rights, shall remain the Provider's property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below.
Subject to the Terms, the Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use Call Smartly and its paid features purchased pursuant to the Terms on any same-platform device (i.e. iOS device) that you own and control. The granted licence includes both personal and commercial use. Third party services or libraries included in Call Smartly are licensed to you either under these Terms, or under the third party's license terms, if applicable.
Based on your license, you may not access Call Smartly with other means than the mobile phone application and/or a web browser, as applicable, mine or extract any data from Call Smartly databases, modify, reverse engineer, decompile, dissasemble or create derivative works of Call Smartly, or any part thereof, and circumvent any technology used to protect the paid features. You also may not rent, lease, lend, sell, transfer, redistribute, or sublicense Call Smartly.
HARDWARE AND SYSTEM REQUIREMENTS
Information about the current hardware and system requirements of Call Smartly mobile application, technical restrictions and and other limitations are always available on the platform-specific page of the application.
LIMITATION OF LIABILITY
THE CALL SMARTLY APPLICATION, WEBSITE, AND SERVICES ARE PROVIDED "AS IS" AND THE PROVIDER EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CALL SMARTLY FUNCTIONS ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT THE PROVIDER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF CALL SMARTLY.
IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND INDEMNIFICATION, THE PROVIDER IS FOUND RESPONSIBLE TO ANY USER FOR ANY REASON WHATSOEVER, THE PROVIDER’S RESPONSIBILITY SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SERVICES, OR ACTUAL DAMAGES, WHICHEVER IS LESS, AND SHALL NOT INCLUDE PUNITIVE DAMAGES OR CONSEQUENTIAL OR RESULTING DAMAGES OF ANY NATURE.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PROVIDER, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS AND THIRD-PARTY PROVIDERS, TO, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF CALL SMARTLY, YOUR VIOLATION OF THESE TERMS, APPLICABLE PRIVACY LAWS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY THE PROVIDER OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
MODIFICATIONS AND INTERRUPTION TO SERVICE
Call Smartly is subject to a continuous development and the Provider reserves the right, at it's sole discretion, to update Call Smartly, or any part thereof, change the nature of Call Smartly or modify or discontinue some of the features without prior notice to you. You acknowledge that the Provider has no obligation to maintain or update Call Smartly.
You acknowledge and accept that the Provider does not guarantee an uninterrupted provision or secure access to Call Smartly. Call Smartly may be temporary unavailable due to the maintenance, certain technical difficulties, or other events that are beyond the Provider's control.
FREE SERVICE, PAID FEATURES AND TRIAL PERIODS
The Call Smartly mobile application is available for download and use free of charge. Online registration and maintenance of a user account accessible through Callsmartly.com is also free of charge. Some of the online features require the user to make a purchase.
At the time of registration a free trial period will start automatically allowing each user to explore all the online features of Call Smartly accessible through Callsmartly.com. You will not be required to provide any payment information and/or make any purchases to start the free trial period. You will by under no obligation to continue using Call Smartly during the free trial period, or make a purchase or continue using Call Smartly, or any part thereof, at the end of the free trial period. Each user will be notified of the end of the trial period via automated email. You hereby agree to receiving such notificiation messages. If you do not agree you cannot use Call Smartly.
At the end of a trial period, if the user will not have ordered the paid version, some of the online features will be locked and some of data hidden while the user will be able to continue using some features and view some data free of charge.
You acknowledge and accept that whether or not there is a free trial period is at sole discretion of the Provider, as well is the length of a trial period and the selection of features and data shown during the trial period and following thereof, the selection of features and data shown free of charge, if any at all.
ORDERING, PAYMENTS AND REFUNDS
Anytime during the free trial period, or at its end, a user wishing to continue using all the online features of Call Smartly and view all data may purchase the paid features and data associated with a user role for a specific period of time as defined in the pricing list published in the user account („Subscription“).
The user may change her Subscription at any time by ordering a different Subscription plan. At the end of a Subscription term, the Provider will send to the user automatically generated electronic pro-forma invoice for the new term summarizing information about the Subscription, billing type, price, term and payment details. If the Provider will not have received the payment from you as specified in the pro-forma invoice, your access to the paid features will be blocked and you will be able to continue using the free version of Callsmartly.com, irrespective of any data or information you may loose.
By pressing the "Order" button you enter into an additional contract pursuant to the Terms. Due to the method of conclusion of the contract, the text of the contract is not saved nor accessible.
Refunds of the Subscription, or any part thereof, are generally not provided.
Current detailed information about the different type of user roles, free trial periods and Subscriptions are available online after logging in the user account.
Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).
The Provider does not guarantee that Call Smartly, or any part thereof, or any of its features will always be free and reserves the right, at its sole discretion, to change the pricing at any time.
Downloading and/or using Call Smartly may incur additional costs for the internet connection. You shall bear all such costs relating thereto.
The User who is also a customer (any individual person who beyond his/her business or profession enters into relationship with the Provider who is business corporation) may withdraw from the above specified Subscription within 14 days since the moment of subscription without any sanctions.
If you are an iOS device user, the terms in this section also apply to you.
You acknowledge that the Terms are concluded between you and the Provider only, not with Apple, and that the Provider, not Apple, is solely responsible for the App and the content thereof, excluding user content.
The license granted to you must be limited to use Call Smartly only as permitted by the Usage Rules set forth in the App Store Terms of Service.
Provider and not Apple is solely responsible for providing any maintenance and support services with respect to Call Smartly. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Call Smartly.
Provider, not Apple, is responsible for addressing any your or third party claims relating to Call Smartly or your possession and/or use of Call Smartly, including, but not limited to, product liability claims, any claim that the Call Smartly fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.
You acknowledge that, in the event of any third party claim that Call Smartly or your possession and use of Call Smartly infringes that third party’s intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country and you are not listed on any U.S. Government list of prohibited or restricted parties.
CONTENT STORAGE LOCATION
The Provider uses services of Amazon Web Services, Inc. to store and proces data to provide the Call Smartly service. By using and accessing Call Smartly, you understand and consent to the storage and processing of all data and any other personal information in the United States, or wherever else Amazon Web Services, Inc. stores data.
ELECTRONIC DELIVERY/NOTICE POLICY AND YOUR CONSENT
By using Call Smartly, you consent to receive from the Provider all communications including notices, agreements, legally required disclosures or other information in connection with Call Smartly (collectively, "Contract Notices") electronically. The Provider may provide such electronic Contract Notices by posting them on Callsmartly.com. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of Call Smartly.
No failure or delay by us in exercising any right or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under these Terms. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
GOVERNING LAW AND DISPUTES
Unless otherwise required by a mandatory law of any jurisdiction, the Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the Czech Republic. All the disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of the Provider.
If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.
These Terms set forth the entire agreement and understanding between you and the Provider with respect to the use of Call Smartly, and, supersedes any and all prior oral or contemporaneous agreements, discussions and understandings between the parties, and neither of the parties will be bound by any conditions, inducements or representations other than as expressly provided for in these Terms.
English is a primary language of communication between you and the Provider. The Terms are available in the English language only.
Term and Termination
The Terms will remain in full force and effect while you use Call Smartly and until terminated by either you or the Provider.
You may terminate the Terms at any time and for any reason by sending a written notice to the address of the Provider and deleting the Call Smartly application.
Provider may terminate the Terms at any time and for any reason. In case of immediate termination due to your breach of the Terms you are not entitled to any refunds.
COMPLAINTS AND CONTACT INFORMATION
Your questions, complaints or claims with respect to Call Smartly should be directed to:
TOP PORADCE s.r.o., Široká 36/5, 110 00 Prague 1, Czech Republic
Id. No.: 28866291