fring™ software end-user license agreement
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE INSTALLING AND/OR USING THE SOFTWARE.
IMPORTANT NOTICE – You acknowledge that:
A. The Software is not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service.
B. EMERGENCY SERVICES. The Software is not intended to support or facilitate calls to emergency services (such as public safety answering points, medical care units, hospitals, fire departments, or law enforcement agencies) and is not a replacement for your ordinary mobile or fixed line telephone. Please ensure you have access to a fixed line telephone or mobile phone service to dial emergency services. For additional information regarding emergency calls please see the section below entitled "Emergency Calls".
1. Ability to Accept. By installing the Software you affirm that you are over thirteen (13) years of age. If you are between the age of thirteen (13) and eighteen (18) years then, prior to installing the Software, you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.
2. License. Subject to the terms and conditions set forth herein, including without limitation payment of any applicable fees, fring hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, license to use the Software on a smart mobile phone, tablet or computer that you own and solely for your personal use.
3. License Exclusions.
3.1. You may not make any use of the Software in whole or in part that is not expressly permitted by this Agreement. You shall not: (i) sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to, the Software or any part thereof; (ii) undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or any part thereof; (iii) use the Software to provide commercial services or products to third parties; and/or (iv) remove, cover or obscure any attribution, copyright or other proprietary notices contained in or on the Software or any related documentation.
3.2. You agree to use the Software solely for lawful purposes. You may not: (i) intercept or monitor, record, damage or modify any communication which is not intended for you, (ii) send any unsolicited commercial communication not permitted by applicable law, (iii) use your account or Software in any fraudulent way, or (iv) expose any other user to any images or material which is offensive, harmful to minors, indecent or otherwise objectionable.
4. Account . In order to operate the Software, and/or some of its features, you have to create and register an account (an "Account"). You are not permitted to use the Software except through your Account. You must provide accurate and complete Account information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify fring immediately of any unauthorized or fraudulent use of your Account, and you agree that fring will not be liable for any unauthorized or fraudulent use of your Account. You may deactivate your Account at any time by following the options within the Software.
5. fringOut™ Charges, Restrictions and Service Limitations.
5.1. The Software may be used for premium fringOut dialing to conventional telephone numbers (the "fringOut Service"). fring does not guarantee the availability of the Software, call completion or the quality of the calling. Per-minute prices, including VAT where applicable, are located in the Software and/or at www.fring.com/fringout and are subject to change without notice. Prices shown reflect upward or downward rounding. Actual charges applied will be calculated to the thousandth place. No cancellations or refunds are available.
5.2. Your fringOut credit will remain active for a period of ninety (ninety) days from your last use of your Account, at which time all of your unused fringOut credit will expire, unless applicable law requires that your credit remain active for a longer period of time. If you believe that your credit has been expired before a period of time which applicable law requires, you may send us an email to email@example.com to request that your credit be reinstated. Please be aware that we will not consider any such request unless you include your full contact details including your place of residence and the amount of credit that is the subject of your request. If we find that credit has been expired before any period required by applicable law we will, as your sole remedy, reinstate that credit for you. Except to the extent required by applicable law, we do not have any obligation to reinstate expired credit.
5.3. Except as expressly set forth herein, fringOut may not be used for certain calling including to place calls to Emergency Services (defined below), 500, 700, 800, 888, 877, 866, 855, 900, 976, 411, or 555 numbers, to place premium, toll-free, operator-assisted, third-party billed, directory assistance or collect calls, or to call certain high-priced areas.
5.4. Where you agree to auto-recharge a fringOut account, recharge will occur when the account balance reaches a certain threshold.
5.5. Not all devices support or will continue to support fringOut, and discontinuance may occur at any time without notice.
5.6. If you require an invoice, please click here. For questions or concerns you may refer to the fring website support or frequently asked questions. Monthly subscriptions are subject to a fair use policy. Subscriptions are automatically renewed monthly unless discontinued by you prior to the occurrence of the new monthly subscription period.
6. Proprietary Rights. fring (or its third party licensors) retains all title, right, copyright (and any other applicable intellectual property right) and interest in and to the Software, including all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software.
7. International Roaming; Disabling Autostart; Data Connectivity and Charges from Services Provider.
7.1. In order to use the Software, you must have data connectivity services from your service provider, which may be your mobile carrier, WiFi service provider or other provider. The cost of this data connectivity service may vary among service providers and you understand that it is your responsibility to check and pay for such costs. In particular, you further understand that the costs of such data connectivity service may rise significantly when roaming internationally. Therefore, you are advised to consider the cost of using the Software, depending on your location at any particular time. You may wish to consider disabling the "AutoStart" feature, depending on your location.
7.2. Because some mobile network operators may prohibit or restrict the use of Voice over Internet Protocol and/or Video over IP (VoIP) functionality over their networks, such as the use of VoIP telephony over a cellular network, and may also impose additional fees, or other charges in connection with VoIP, you are encouraged to check the term of your agreement with your operator. Furthermore you agree to comply with applicable third party conditions when using the Software, including, without limitation, your wireless data service agreement.
7.3. You are solely responsible for verifying with your third party phone or other service providers that your use of the Software is permitted in accordance with any contractual obligations you may have with that third party.
8.1. The License granted hereunder is currently for free, however you may have the option to purchase certain Software features or calling credit by using the tools that we make available in the Software (each an "in-App Purchase"). The prices for any such features are displayed in the Software.
9. Emergency Services.
9.1. You acknowledge that the Software: (i) does not provide Emergency Services, and (ii) is not a replacement for your mobile or fixed line telephone service. "Emergency Services" means services that connect you to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.
9.2. You must keep available a mobile and/or fixed line telephone service, which is separate to the Software, to make Emergency Calls. You agree that fring will have no liability of any nature, and you are solely responsible, for any expense, loss, injury or damage incurred as a result of your reliance on the Software to connect to Emergency Services, and you hereby waive any claim you may have against fring arising from your reliance on the Software to connect to Emergency Services.
9.3. Notwithstanding any other provision, if you are in an Enabled Country (defined below), then fring will attempt, but does not make any commitment, to provide limited Emergency Service calling as part of the fringOut Service. An "Enabled Country" means a country that is listed on the fring website at www.fring.com (the "Site") with respect to which access to Emergency Services calls may be enabled as part of the fringOut Service.
10. Your Submissions. You agree that any content provided by you in connection with the Software is provided on a non-proprietary, non-exclusive and non-confidential basis. fring shall be free to use or disseminate such content on an unrestricted basis for any purpose. You acknowledge that you are responsible for such content, including its legality, and you waive any “moral rights” in such content. You may not submit or publish through fring any content that is libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or that would otherwise violate the rights of any third party.
11. Warranty Disclaimer.
11.2. YOUR INTERACTION WITH ANY OTHER SOFTWARE USER OR THIRD PARTY IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SOFTWARE USER OR THIRD PARTY IN CONNECTION WITH THE SOFTWARE OR ANY INTERACTION WITH THAT ENTITY, YOU AGREE THAT FRING IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. FRING RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
11.3. The Software, as with most Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Software and the Internet in general, you may be subject to various risks, including among others:
· Exposure to objectionable material and/or parties, including without limitation, contaminated files.
· Unauthorized invasion of your privacy during, or as a result of, your or another's use of the system.
· Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful.
· Unauthorized exposure of information and material you listed or sent, on or through the fring system to other users, the general public or any other specific entities for which the information and material was not intended by you.
If you do not wish to be subjected to these risks, you are advised not to use the Software.
11.4. Please note that in each Internet application, the IP address of the sender is an integral part of the TCP/IP standard protocol of the Internet, and can be extracted by any party to the communication session using certain software and/or hardware. Also note that the provision of security services (such as VeriSign™ or thawte™ approved) with the Software, which is designed to allow a fring user to reduce the exposure of his/her information on fring, is provided to you as a convenience only and does not guarantee the complete non-exposure of your information and/or IP address.
12. Limitation of Liability.
12.1. IN NO EVENT SHALL FRING OR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS, OR ANY DISTRIBUTOR, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF MONEY, GOODWILL, REPUTATION, BUSINESS INFORMATION OR BUSINESS PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS, THAT ARISE UNDER THIS AGREEMENT OR THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12.2. IN ANY EVENT, AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT FRING'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES UNDER THIS AGREEMENT, OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SOFTWARE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO US FOR USING THE SOFTWARE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
13. Indemnification. You agree to indemnify, defend and hold harmless fring and our affiliates, and our respective officers, directors, employees, affiliates and agents and any Distributor or other service provider who furnishes services to you in connection with the Software, from and against any and all claims, losses, damages, liabilities, costs and expenses (including but not limited to attorney fees) arising from: (i) your use of, or inability to use, the Software; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, trademark or other intellectual property right, or any privacy right; (iv) your inability to use the Software to contact Emergency Services; or (v) your interaction with another Software user or third party. Without derogating from or excusing your obligations under this section, we reserve the right (at our own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
16. Updates. fring may change the technical features of the Software at its own discretion and without any notice to you. We may from time to time provide updates or upgrades to the Software (each a "Revision"), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Software. All references herein to the Software shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Software, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
17. Termination. This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue, suspend, or modify any aspect of the Software; and/or (ii) terminate this Agreement and your use of the Software with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Software in any way, your only recourse is to immediately discontinue use of the Software. Upon termination of this Agreement, you shall cease all use of: (a) the Software, and shall destroy all copies of the Software and any related documentation that are your possession or under your control, and (b) your Account. This Section 17 and Sections 3 (License Exclusions), 6 (Proprietary Rights), 11 (Warranty Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 15 (Privacy), 20 (Governing Law and Disputes) and 22 (General) shall survive termination of this Agreement.
18. Hazardous Use. Please do not use the Software for "mission critical" or "content sensitive" applications and purposes where the partial or complete failure of use may result in damage or for any information or data you do not wish to be freely accessible and generally available to Internet users. In addition, you acknowledge that the Software is not intended for use in connection with any application requiring fail-safe performance, such as the operation of life support systems, or any other system whose failure could lead to injury, death, environmental damage or mass destruction. You agree that fring will have no liability of any nature, and you are solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the Software.
19. Compliance with Laws.
19.1. You may not use the Software in a jurisdiction where the use of internet telephony is prohibited. By entering into this Agreement you expressly affirm that you have verified that your use of internet telephony and this Software is permitted in your jurisdiction.
19.2. If you are using the Software in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the Software unless your vehicle is stationary and legally parked.
19.3. You acknowledge that the Software may be subject to international and other government rules that govern the export of software. You agree to comply with all applicable laws that apply to the Software as well as end-user, end-use and destination restrictions issued by national governments.
20. Governing Law and Disputes. This Agreement and the relationship between you and fring, shall be governed by and construed in accordance with the laws of the State of Israel, excluding its choice of law provisions. All disputes arising out of this Agreement, and/or use of or inability to use the Software, shall be subject to the sole and exclusive jurisdiction of the competent courts of Tel-Aviv-Yafo, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, fring may bring actions for injunctive relief in any court of competent jurisdiction.
21. Modification. fring reserves the right to modify this Agreement at any time by providing revised terms to you or by publishing the revised terms on the Site or within the Software. Such change will be effective seven (7) days following the foregoing notification thereof, and your continued use of the Software thereafter means that you accept those changes. You can find the latest version of this Agreement at the Site or within the Software.
23. USAGE RULES. If you are downloading the Software from a third party mobile device platform or service provider ("Distributor"), please be aware that the Distributor may have established usage rules which also govern your use of the Software ("Usage Rules"). In addition to any Distributor Usage Rules that may be set forth herein, you acknowledge that other Distributor Usage Rules may also apply to and govern your use of the Software. You affirm that prior to downloading the Software from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Software; if you are unable to make such a representation you are prohibited from installing and/or using the Software.
24. APPLE USAGE RULES
24.1. Without derogating from the warranty disclaimers and limitation of liability as set forth in this Agreement, you acknowledge and agree that: (i) this Agreement is concluded between fring and you only, and not with Apple, Inc. ("Apple"), (ii) fring and its licensors, and not Apple, is solely responsible for the Software and the content thereof; (iii) fring is solely responsible for providing any maintenance and support services with respect to the Software, as specified in this Agreement, or as required under applicable law; (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (v) fring is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed; (vi) in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid by you for the Software to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be fring's sole responsibility; (vii) fring, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the Software or your possession and/or use of the Software, including, but not limited to: (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (viii) in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim; and (ix) Apple, and its subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. In addition, you represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
24.2. Notwithstanding any other provision herein, if you have downloaded the Software from the Apple App Store then your license to use the Software is limited to a non-transferable license to use the Software on an iOS Product (defined below) that you own or control and solely as permitted by the Usage Rules set forth in the App Store Terms of Service. "iOS Product" means an Apple-branded product that runs the iOS.
24.3. By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple Software Store Terms of Service, atwww.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
24.4. Contact Details. If you have any questions, complaints, or claims regarding the Software, please contact fring at:
Address: 1 Ben Gurion St., Bnei Brak, 5120,1Israel
Telephone: +972 3 644 7100