Terms of Use

WithCall Terms of Use

The binding language for law enforcement is German. Translations into other languages ​​may contain errors or contain different phrasing.

 

Last change: 01.05.2019

 

In order to receive our services through our app, we must comply with your express consent to our Terms of Use. With the registration as well as with the use of our app. Responsible for these terms of use is THE.E Stefan Eberlein, afterwards named as "operating company".

Our Apps, Services and Functions

Privacy and Security Policy

We value your privacy. Thus, we also endeavor to develop and provide our services in compliance with all applicable data protection and security principles

 

Security. We always strive to ensure the safety of our App WithCall. We consistently prosecute those who commit abusive behavior, abusive activities and violations of our conditions. We prohibit the misuse of our app, services and features, harmful behavior towards others and violations of our terms and conditions. We react accordingly and also in situations in which we can support or protect our users. We also respond with appropriate and remove such people from the user group, make contact with the person or, if necessary, with the authorities. Under the premise of taking note of abuse or harmful behavior, we share information with government agencies or investigating companies.

 

Global access to our services. To deliver our services and capabilities, we must store and distribute information in data centers and processing systems around the world. Only in this way can we provide a user-friendly performance. It also includes countries outside your country of residence. The infrastructure belongs to service providers, which are also operated by them.

 

About our Apps, Services and Functions

Registration. Your registration is your key to your data. You must register for our services with correct information and adjust it in case of changes using our "My Account" app features. You agree to receive emails for registration and codes (from us or our service providers).

 

Directory. In accordance with applicable laws, you provide us with contact information from your address book. Thus, you can fully use the features of our app. Older. There is no age restriction for using our app. To subscribe to this app, you must be able to act in accordance with the law of the country in which you live. If you are not competent enough, your guardian must agree on your behalf with the contract and our terms.

 

Software and devices. Our app is designed for a specific set of devices and software. You must provide a device with the appropriate software as well as a data connection in order to fully use our app. You are willing to manually or automatically download and install updates to our app, services and features. You further agree that WithCall and the operating company may send the communications as necessary to provide our services or to ensure these conditions. Fees and taxes. You are responsible for all data rates of your mobile service provider or network operator and fees and taxes associated with the use of our services. Our app, services and features are available for an annual price of € 0.99. With this fee, we can ensure the continued fulfillment of these conditions as well as the availability of our services and features.

Privacy Policy and User Data

Your privacy is very important to WithCall. This privacy policy explains how we collect and process your information. It also sets out the legal basis for collecting, using, processing and sharing personally identifiable information about you, as well as transferring and processing such information to other entities where service providers and partners have their place of work in other countries, regardless of where you live or reside.

Permitted use of our Apps, Services and Functions

Our conditions and policies. Our services are only to be used in accordance with our terms and conditions. In the case of violations, however, we can take action regarding both your account, the deactivation or the suspension of your account. Should one of these cases occur, you may not create another account without our express consent.

 

Legal and permissible use. You may use our services only for lawful, legitimate and legitimate purposes. You may not use our services or help others with the use, if violate the rights of WithCall or its operating company, our users or others (including privacy and publicity rights, intellectual property rights or other proprietary rights) Unlawful, obscene, offensive, threatening, intimidating, harassing, racially abusive, hateful, or ethnically offensive; or motivate or glorify illegal or inappropriate behavior Untruths, misleading information or misrepresentations are published It plays or imitates an identity

Damage to WithCall or our users. You may not use or use our app, services and features as a basis if This happens in an inadmissible or unauthorized way As a result, our app, services, functions, systems, users burden, impair, damage or destroy You may not copy, modify, distribute, distribute, license, sublicense, transfer, otherwise improperly display our App, Services, and Features as a property or make derivative works based on or support them. Neither directly nor indirectly are you allowed to Do reverse engineering on our code Modify, modify, decompile, extract or create derivative works or versions thereof Introduce or store viruses in our app, services and functions Get or try to gain unauthorized access to our app, services and features Interrupt or disrupt the integrity or performance of our apps, services and features Create accounts through unauthorized or automated means. Obtain, collect or store information from or about our users or their stored data Sell, resell, charge for use our apps, services or features Develop software or APIs that essentially work like our apps, services and features and make them available to third parties for use Security of your account. You are responsible for the security of your device and your WithCall account. You are responsible for making access to your stored data accessible to unauthorized persons. You must inform us immediately about any unauthorized use or breach of security regarding your account, our apps, services or features.

Third Party Services

WithCall uses the service of third parties. Only in this way can we provide data security and outstanding performance. For example, your data is stored on Google databases. This Privacy Policy applies only to our apps, services and features. The use of third party services is, of course, subject to their terms and privacy policy.

Your rights. Your data that you enter and store in WithCall is solely your property. WithCall does not claim the ownership of your data. You must have the rights to your data. Depending on the use of WithCall, you must continue to have the right to grant the rights and licenses in accordance with our terms.

 

The rights of WithCall and its operating company. All trademarks, copyrights, logos, domains, trade dress, trade secrets, patents and other intellectual property rights associated with our apps, services, features belong to us. Only the express permission is an exception. Your license to WithCall and its operating company. To provide our services and features, you grant WithCall and its operating company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, display and display the information you provide about and through our apps, services and services Upload or save functions. This license is limited to the purpose of operating and providing our apps, services and features.

The license of WithCall and its operating company to you. We grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use our apps, services and features. This license is limited to the purpose of using our services in accordance with these terms. You will not be granted tacit or otherwise any licenses or rights.

Disclaimer

TO PROVIDE OUR SERVICES TO YOU AND TO PROVIDE A SAFE AND ERROR-FREE ENVIRONMENT, WE RELY ON APPROPRIATE KNOWLEDGE AND CARE. THAT WITHCALL IS ALWAYS IMPERFECT, WITHOUT INTERRUPTIONS OR DEFECTS TO FUNCTIONS OR BZW. DELAYS WILL WORK, BUT WE CAN NOT GUARANTEE YOU. YOU USE OUR APPS, SERVICES AND FUNCTIONS AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING LIABILITY DISCLAIMERS. AS YOU ARE ("AS IS") WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES; THE RELEVANT AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGALITY, NON-INFRINGEMENT, AND FREEDOM OF VIRUSES, OTHER HARMFUL CODE. WE DO NOT GUARANTEE THAT ANY INFORMATION WE PROVIDE, WHY WE MAKE AVAILABLE, IS USEFUL OR COMPLETE. WE DO NOT CHECK WHEN AND HOW OUR USERS USE OUR APPS, FUNCTIONS AND SERVICES, AND WE ARE NOT RESPONSIBLE FOR THIS. WE ARE NOT RESPONSIBLE FOR THE ACTS AND INFORMATION (INCLUDING THE CONTENT) OF OUR USERS OR OTHER THIRD PARTIES AND WE DO NOT CONTROL THEM. YOU ARE AS WELL AS OUR EMPLOYEES, PARTNERS AND EMPLOYEES FREE OF ALL KNOWN AND UNKNOWN CLAIMS, COMPLAINTS, CAUSE OF ACTION, LEGAL PROCEEDINGS AND / OR CONTRACTS. DISPUTES (TOGETHER "CLAIM" OR "CLAIMS") AND DAMAGES WHICH, IN CONNECTION WITH SUCH A CLAIM, ON THE OTHER THAN A THIRD PARTY, ARISE FROM SUCH A REQUIREMENT. IN ANY WAY WITH THIS LINKED. PERMANENT LAWS APPLICABLE IN THE COUNTRY IN WHICH YOUR RESIDENCE IS LODGED THIS DISCLAIMER OF LIABILITY SHALL NOT CHANGE YOUR RIGHTS AGAINST WITHCALL AND THE UNDERTAKING UNDER THAT AGREEMENT FROM THE ABOVE DISCLAIMER OF LIABILITY. IF YOU ARE A CITIZEN UNITED STATES, YOU ARE WAIVING THE CALIFORNIA CIVIL CODE §1542, THE FOLLOWING: "A GENERAL WAIVER DOES NOT APPLY TO CLAIMS WHICH APPRECIATE TO HIS / THEIR OBJECTS OF THE CREDITOR AT THE TIME OF THE DISCLAIMER DOES NOT KNOW OR OBLIGATE, AND IF YOU HAD BEEN / HAVE BEEN KNOWN TO HAVE SUSTAINED HIS / YOUR AGREEMENT WITH THE DEBTOR / THE DEBTOR. "

Limitation of Liability

OUR TOTAL LIABILITY IN RELATION TO OUR CONDITIONS, US OR OUR SERVICES, THEREFORE IN CONNECTION WITH IT IN ANY WAY, IS DAMAGED OR DAMAGED. LIMITATION OF LOSS THAT IS SUFFICIENTLY FORESEEABLE TO SUCH VIOLATION (EXCLUDING DEATH, PERSONAL INJURY OR FRAUDULENT FALSE) AND DOES NOT EXCEED THE AMOUNT PAID BY US IN THE LAST TWELVE MONTHS. YOUR RIGHTS AGAINST WHATSAPP WILL NOT BE CHANGED BY THE ABOVE LIMITATION OF LIABILITY IF THE RESULTING TO YOUR USE OF OUR SERVICES DOES NOT ALLOW THE LAWS OF THE COUNTRY IN WHICH YOUR RESIDENCE IS LOCATED.

Exemption

If anyone makes a claim against Us with respect to Your actions, content, data or information on WithCall, You will indemnify WithCall and its operating company to the fullest extent permitted by law, including all liabilities, losses, expenses of any kind or damages (including attorney's fees and other legal costs); which in relation to any of the following points, thereby in any way result, are free and indemnify them. Your access to or use of our apps, services and features, including any data and information provided in connection therewith A breach by you of our terms and / or applicable law  Any untruths, misleading information or misrepresentations Any of your actions that are unlawful, obscene, offensive, threatening, intimidating, harassing, racist, hateful, or ethnically offensive, or that motivate or glorify any illegal or inappropriate behavior You will participate to the extent required by us in the defense against any claim or the settlement of any claim of a third party. 

Availability of our Apps, Services and Functions

 

 

We are constantly working to improve our apps, services and features. This can lead to interruptions of availability. Also, we can add or remove our apps, services and features for specific devices and platforms. Furthermore, due to maintenance, damage cases or repairs to our apps, services and functions or their service providers interruptions of availability may occur. Also device and power failures can lead to the mentioned interruptions. We may discontinue our apps, services, support or features at any time, including with respect to some devices or platforms, if possible with a 30-day notice period. Influences from outside as well as from nature or higher violence can affect our apps, services and functions. Termination and termination. While we hope that you will continue to use WithCall, you may unsubscribe from the Apple Store at any time without notice and delete our app from your device. The termination of our business relationship usually takes effect after expiry of the respective contract period (subscription), unless a special termination right exists through another paragraph in these conditions or applicable law. We can also change, suspend or terminate your account at any time for suspected or unlawful conduct. Also, should we reasonably determine that you violate our terms, we will act accordingly. The following items are in excess of WithCall's Termination Term: "Licenses", "Limitations of Liability", "Indemnification", "Disclaimers", "Dispute Resolution", "Availability", "Termination and Termination". If you believe that your cancellation has been made in error, please contact us at heyguys@withcall.com.

Others

We can change and update these conditions. Unless otherwise provided by law, we will inform you 30 days before the amended terms come into force. This will give you time to read the terms before continuing to use our apps, services and features. Changes or updates that are necessary for technical or political reasons or must be adapted to the applicable law can take effect immediately without prior notice. If you continue to use our apps, services and features after the 30-day inspection period, you will confirm your acceptance of them. If you do not want to agree to the changed or updated terms, please let us know by canceling your subscription and deleting our app on your device. Our services and features will remain in effect until the subscription expires. A proportionate payment of a balance after deleting our app from your device is not possible. All rights and obligations arising from these terms and conditions are assignable in the event of a merger, acquisition, reorganization or sale of assets. We may transfer your data and information to any of our affiliates or successor companies or owners. If such assignment becomes effective, these terms will continue to apply. If you do not want to agree because of such an assignment, you will notify us by canceling your subscription and deleting our app from your device. Your rights and obligations arising from these terms and conditions may not be transferred to others without our express permission. Failure by us to enforce any provision of our terms does not constitute a waiver of rights.

WithCall Privacy Policy

Last version: 20.05.2019

 

Your data and privacy are very important to us. Therefore, we strive to develop and deliver our apps, services and features in accordance with a set of privacy principles.

 

By downloading our app and signing the contract with YouCall's operating company, you agree to our privacy policy and accept it. Can you take our privacy policy

Information we collect

In order to safely use, develop, support and market our App WithCall, our services and features, some information needs to be gathered. During download, use and deletion, such data is collected and used. This is the following information.

 

Your account information. WithCall and its service providers can only protect your data if you register using your email address and a sufficiently secure password. WithCall can only be operated under this condition.

 

Your data and information. All information that you store about WithCall belongs to you. We are not entitled to access or use this information. All information is stored on your device and also by using a service provider in the cloud. So you can in the event of loss of your device or the app to access your data below again.

 

Your payment information. All payment information provided to WithCall's operating company is used solely to secure payment transactions. In addition, no data will be used or forwarded.

 

Your log data. We collect information about your usage behavior of our app and services. Only in this way can we monitor and develop the performance of our app, services and functions. This includes data such as when and in which country you use our app, services and features, log files, diagnostic, crash and performance data and reports.

 

Device data. We collect data about the hardware and software of your device in order to analyze our services and the aforementioned reports.

 

Connection data. We collect from your device the IP address, time zone, ID and device ID to provide our services and features. 

Third Party Informations

Users of our app, services, and features may store information about you. We require each of our users to have the legal rights to collect, use and provide your information for the provision of our services and features.

 

Third party. We work with service providers who help us deliver our apps, services and features. Especially through these service providers, we also ensure our privacy claims. They continue to help us identify and provide the information described in the first section of this privacy policy.

 

Security. We check accounts and promote the security of our services and features and beyond. We investigate activities and data in suspicious cases or violations of our Terms of Use to ensure that our apps, services and features are used in accordance with applicable law.

Assignment, Change of Ownership and Transfer

All rights and obligations under this Privacy Policy are assignable by us in the event of any merger, acquisition, reorganization or sale, and we may share your information with the relevant company.

General Data Protection Regulation of the European Union

We comply with the General Data Protection Regulation of the European Union. You have the right to information about the use, correction and deletion of your data. Your data will not be deleted automatically with the deletion of our app on your device or the subscription. If your account is no longer used, we can send you a mail after a certain time on the provided by you email address, in which we point out the early deletion of your data. By expressly requesting the deletion of your data, this happens already much earlier and close to the time of your commission. With the deletion, all your data will not be recoverably deleted.

Legal Basis for processing your data

WithCall and the operating company collects, uses and shares the information provided to us in the following manner: That is necessary to fulfill our conditions of use According to your consent, which you can revoke at any time According to the requirements of our duties According to the public interest serves and is required According to the needs of our interests to further develop or redevelop our apps, services and features and to provide profitable services.

Execution of your Rights

In accordance with the General Data Protection Regulation or other applicable laws, you have the right to access, rectify, transfer and delete your information. You also have the right to restrict the processing of your information and to object. This also applies to our direct mail. You continue to have the right to object to our processing of your information if we perform tasks in the public interest or pursue legitimate interests on our part or a third party. The only exception is the support for the implementation of the applicable law. All information you provide to us is the same as the one you can see in the app itself, with the exception of synchronization errors. In addition, your log-in information and your usage behavior, as described in our Terms of Use, are part of the data provided to us. As in the section on managing and deleting your data, you can directly modify some of the data in our app. All further inquiries must be sent by e-mail to HeyGuys@WithCall.com.

Administration and Deletion of your Data

We store information until it is no longer needed to provide our services and features or until your account is deleted. The need also depends on whether information is subject to relevant legal or operational storage needs. The following information can be changed and managed or restricted or deleted: Your log-in data Your information stored in WithCall Your account If you want to delete your account, it is sufficient, if you cancel your subscription. According to certain requirements in accordance with the applicable law of the country in which your place of residence is located or our terms of use, your data will be irretrievably deleted. If you want to implement a deletion faster, you must notify us by e-mail to HeyGuys@WithCall.com. We will delete your data in accordance with applicable law and the observance of all security regulations. Data that you maintain in WithCall personal or object-related is changed online or deleted as soon as you make this change or deletion.

Change of this Regulation

In the event of changes to this Privacy Policy, we will notify you of the time-to-performance so that you have time to review and decide to continue using our app, services and features. Processing your information. 

 

 

Processing of your Data

 

You always have the right to information, correction and deletion of your data. If you have full legal capacity, you must read and accept our Terms of Use to use our apps, services and features. If you do not agree, you may not download our app and use our services and features. If you are not yet fully capable of acting or minors, the use and acceptance of our terms of use by a parent or guardian to implement and control (preserving the educational obligations). A user-dependent adaptation of our terms of use is excluded. Our Terms of Use describe in detail which of your data we collect, process and share. You have the right to revoke our Terms of Use at any time. You can do that either by canceling your subscription with us. After expiration of the subscription and the adherence to certain storage periods, which we keep for your data preservation and for legal reasons we delete your information. If you want a faster deletion of your data you have to write an email to HeyGuys @ WithCall. Then we will only according to applicable law your data stored before we delete them irretrievably.