neXtcaller Terms of Services
1. Personal Information
We are firmly committed to the security and protection of the personal information of our Users and the Services. The neXtcaller Privacy Policy describes how we collect, use, share and process personal information and You acknowledge and agree that neXtcaller may collect, use, share and process personal information as described therein.
2. Grants of Rights
neXtcaller grants You a personal, non-exclusive, non-transferable, and limited right to use the Services for Your own personal, non-commercial use. You are not allowed to use the neXtcaller Services on any device that You do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the neXtcaller software applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these Terms or may be permitted by the licensing terms governing the use of any open source components included in the neXtcaller software applications).
You are not granted any right to use neXtcaller’s name, trademarks, or other commercial symbols. All rights not expressly granted to You under these Terms shall be retained by neXtcaller.
3. Support
neXtcaller strives to provide adequate and efficient technical support, upgrades, and updates for the Services. neXtcaller shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit or discontinue the support, upgrades, and updates provided from time to time.
4. Proprietary Rights
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. neXtcaller and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights, and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will be deemed to be transferred or licensed to You except as contemplated herein.
5. Content
You are solely liable for any content that You post or communicate directly in or on the Services and You agree to only post or communicate content that:
a . is true and not false or misleading;
b. is not likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous, or otherwise illegal or inappropriate;
c. belongs to You, or which You have a right to distribute;
d. does not constitute an infringement of the intellectual property or privacy rights of any third party;
e. does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information);
f. does not contain any unsolicited or unauthorized advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; and
g. does not contain a software virus or any other technology that may harm the Services or the interests or property of our Services or the other Users of the Services.
h. is accurate, fair, and is not disparaging of us, the Services, or other Users. Further, You agree to be fair, accurate, and non-disparaging while reporting numbers, leaving comments, suggestions, feedback, testimonials, and reviews on or about the Services.
neXtcaller appreciates the opportunity to be notified of any objectionable user-generated content posted or communicated by a User directly in or on the Services. Please contact us at nextcallerdev@gmail.com to report any objectionable user-generated content. neXtcaller hereby reserves the right in its absolute discretion to remove any user-generated content from the Services.
6. Third Party Content
The Services may contain links to external content provided by third-party websites and services. Such third-party content, websites, and services may be subject to the respective third party terms and conditions and neXtcaller will not be liable for any such third party content, websites, or services.
7. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, neXtcaller MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SERVICES ARE PROVIDED “AS IS” AND YOU AGREE THAT THE SERVICES ARE USED AT YOUR OWN RISK.
You understand and acknowledge that the Services may be unavailable from time to time and that neXtcaller will not be liable for Your inability to use the Services for whatever reason.
neXtcaller makes no warranty or representation that the Services are available for use in any particular location. To the extent You choose to access and use the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws in connection with such access and use of the Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT neXtcaller SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, neXtcaller shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services is to uninstall the neXtcaller applications and cease to use the Services.
neXtcaller SHALL NOT BE LIABLE FOR THE VALIDITY, RELIABILITY, OR CORRECTNESS OF THE CONTENT AND INFORMATION PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE CONTENT AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK.
Nothing in these Terms shall limit or exclude our liability for any liability that mandatorily cannot be limited or excluded by law, including any rights You may have as a consumer under mandatory consumer law.
9. Termination
Your right to use the Services continues until these Terms are terminated. neXtcaller may terminate the Terms and Your use of the Services at any time with thirty (30) days advance notice. You may terminate the Terms at any time by uninstalling the neXtcaller applications and ceasing the use of the Services. These Terms will automatically terminate if You fail to comply with them. Upon any termination, You agree to cease using the Services. Upon termination by You, or by neXtcaller due to Your breach of these Terms, You will not be refunded any license fees or other prepaid fees, if any. Upon termination by neXtcaller without cause, You will be refunded any unused prepaid fees upon Your written request, provided a receipt of such fees and a clear payment instruction are included in Your request.
Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination, and Governing Law shall survive any termination of these Terms.
10. Assignment
neXtcaller reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
11. Additional Terms and Changes
As neXtcaller provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices and incorporated hereto.
neXtcaller may change the Services at any time, such as by adding or removing features or discontinuing the Services. neXtcaller also reserves the right to modify these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof and provided the option to immediately terminate the Services. If You choose to terminate the Services, You will be refunded any unused prepaid fees upon Your written request, provided a receipt of such fees and clear payment instructions are included in Your request. The revised Terms shall become effective upon such publishing or notification to the User. Any continued use by You of the Services following publication or notification of revised Terms shall constitute Your acceptance of the revised Terms.
12. Fees
You are fully responsible for the Internet connection and/or mobile charges that You may incur for using our Services. Please consult Your carrier, mobile operator, etc. for further information.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of India. You agree that any legal action or proceedings may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi, India, and both neXtcaller and You irrevocably submit to the jurisdiction of such courts/tribunals.
If you have any questions or suggestions about us, do not hesitate to contact us at support@nextcaller.ai