Bending Spoons

Terms of Service

Effective Date: April 1, 2024

Bending Spoons Operations S.p.A. (“Bending Spoons,” “we,” “our” and “us”) is pleased to provide global telecommunication services to our Users (“you,” and “your”) through the various mobile applications where these Terms are posted (each an “App” and collectively, the “Apps”), and their websites (each a “Website” and, collectively, the “Websites”), any application programming interface provided by Bending Spoons (“API”) and other tools and services provided by Bending Spoons from time (each a "Service" and collectively the “Services''). These Terms of Service (the “Terms'' or “Agreement”) and the Privacy Policy will govern your use of the Services. By subscribing to or using any of our Services, you agree to be bound by these Terms. Certain features of the Services may be subject to additional guidelines, terms or rules provided to you through the Apps or Websites, and are incorporated by reference into this Agreement.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS.

AGREEMENT
ACCOUNT ELIGIBILITY
ACCOUNT ACCESS
LICENSE GRANT
RESTRICTIONS ON USE
INTELLECTUAL PROPERTY RIGHTS
OWNERSHIP OF YOUR ACCOUNT
PRIVACY
UPDATES TO THE TERMS
MODIFICATIONS
ACCESS TO YOUR NOTIFICATION SETTINGS
SUBSCRIPTIONS; AUTO-RENEWAL; PAYMENT
CANCELLATION
TERM AND TERMINATION
DISCLAIMER OF WARRANTIES
LIMITATIONS OF LIABILITY
INDEMNIFICATION
MACHINE LEARNING TECHNOLOGIES
USER-GENERATED CONTENT
DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; GOVERNING LAW
USE OF THIRD-PARTIES
GENERAL PROVISIONS
CONTACT US
SUPPLEMENTAL TERMS
ROBOKILLER
‍TAPEACALL
‍TRAPCALL
‍TEXTKILLER
‍SWITCHUP

1. AGREEMENT

These Terms are a legal agreement between you and Bending Spoons. By using the Services, including installing and/or downloading any of our Apps, visiting our Websites, or using any other Service,you: (a) agree to be bound by these Terms, (b) you represent and warrant that you have the right, authority and capacity to enter into these Terms; and (c) you own or control the mobile or other device by which you are accessing the Services. These Terms also apply to any App or Websites updates, supplements, and services made available by Bending Spoons that are not provided under a separate license or other agreement with us. If you do not agree to these Terms, do not install or use any App or Services. We may update these Terms from time to time.We will notify you of any update to the Terms that materially impact your use of the Services, your rights or obligation. Such notification may be through an in-app notification or website notice and your continued use of the Services will signify your acceptance of the updated Terms. If you do not agree with any updates, you must immediately discontinue use of the Services (including any Apps). If you have any questions or concerns regarding these Terms, please Contact Us.

‍Notice to Consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that are in addition to these Terms, and certain provisions of these Terms may be unenforceable as to you. To the extent that any term or condition of these Terms is unenforceable to you, the remainder of these Terms shall remain in full force and effect.

THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND BENDING SPOONS AGREE TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL. (SEE SECTION 20 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION).) YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS FROM THE DATE WHEN THESE TERMS ARE NOTIFIED TO YOU; INSTRUCTIONS FOR OPTING OUT ARE IN SECTION 20 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION) BELOW.

2. ACCOUNT ELIGIBILITY

Registration. You may create an account to use the Services by providing an email address. Bending Spoons may send notices about your account via email or in app messaging.

Age Requirements. You must be at least eighteen (18) years old to create an account and/or otherwise use our Services. If you are under the required age, you may use our Services only with the permission of a parent or legal guardian and through an account they created. Please have your parent or legal guardian read this Agreement with you and consent to the Terms before proceeding.

Parents and Guardians. By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please Contact Us immediately so that we can disable access.

Account Security. You are responsible for all activities that occur under your account. Please safeguard the confidentiality of your account credentials. If you believe someone has accessed or tried to access your account without your permission, you must change your password and Contact Us immediately.

3. ACCOUNT ACCESS

You must provide - at your own expense - the equipment, internet connections, Devices (defined herein) and service plans to access and use the Services. If you access our Services through a network/telephone carrier, then you understand that such a network/telephone carrier may impose additional rates and fees to your use of the Services. You are solely responsible for any fees and costs you incur to access the Services from your Device. We make no guarantees that the Services will work with your network/telephone carrier; therefore, please check the terms of the agreement with your network/telephone carrier to determine if your network/telephone carrier will impose fees or charges for VoIP transmissions or whether such agreements include terms that would otherwise prohibit your use of the Services. We make no representations that the Services are available in all languages, that the Services are appropriate or available for use in any and all particular locations. “Device(s)” shall mean any electronic device owned or controlled by you that is used for storing, accessing or transmitting electronic data and includes, but is not limited to, cell phones, smartphones, tablets, smart watches and laptop computers.

The Apps leverage several technologies to provide you with various blocking, forwarding, screening and other features. In order to use the Services, you may be asked to enable certain features or to disable features within your phone for the Services to work properly. You understand and agree that if you fail to take these recommended actions, we may not be able to provide such features of the Services to you. For more information, please refer to the Supplemental Terms.

4. LICENSE GRANT

Subject to your compliance with the Terms, Bending Spoons grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to access, download, install and/or use the Services on your Device and to access and use the Apps on such Device for your lawful, personal, and non-commercial use and in accordance with all applicable local, national and international laws and regulations.

5. RESTRICTIONS ON USE

If you are unable for any reason to comply with the following you must immediately stop using the Services. You understand and agree that:

you shall not use the Services for any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable purpose of any kind, including but not limited to, any purpose that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law;
you shall not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt any portion of the Services, for any purpose;
you shall not copy, modify, sublicense, transmit, distribute, adapt, improve, or create any derivative works from the Services, including the source code of the Services;
you shall not probe, scan or test the vulnerability of our Services on any system or network;
you shall not upload viruses or other malicious code or otherwise compromise the security of our Services;
you shall not interfere with or disrupt the Services offered by Bending Spoons;
you shall not impersonate or misrepresent your affiliation with any person or entity;
you shall not create a false identity or otherwise attempt to mislead others as to the origin of the communication using the Services;
you shall not use the App(s) in a manner for which it is not designed or intended;
you shall not transmit any content that violates the intellectual property or proprietary rights of another; poses or creates a privacy or security risk to any person; constitutes unauthorized advertising or spam; or in the sole opinion of Bending Spoons is objectionable, offensive or may expose Bending Spoons or its Users to harm or liability of any type;
you shall not use the App(s) for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products or software offered by Bending Spoons;
you shall not interfere with or disrupt the Services oyou shall abide by the rules and policies established by Bending Spoons. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the App(s). These obligations survive termination of this Agreement; andffered by Bending Spoons;
Bending Spoons shall not be responsible to you or any third-party for your failure to comply with local, state, federal or international laws.

6. INTELLECTUAL PROPERTY RIGHTS

The Services, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, documentation that are provided to you by Bending Spoons are Bending Spoons’ property or the property of Bending Spoons’ licensor’s, and are protected by United States and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights'' means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.

Bending Spoons’ names, logos and affiliated services, and trade names of its Apps - are the exclusive property of Bending Spoons and/or its affiliates. All other trademarks (if any) appearing on Bending Spoons Apps and/or Services are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained herein should be construed as granting - by implication, estoppel or otherwise - any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

7. OWNERSHIP OF YOUR ACCOUNT

Bending Spoons recognizes the owner of the phone number on the account as the sole owner of the account. You are fully responsible for all transactions undertaken by means of the account. You shall Contact Us immediately and confirm in writing should you become aware of any unauthorized use. You are the sole and exclusive guardian of any password that you may use to access the Services. If you provide any information in connection with your subscription, you agree to maintain accurate, complete and current information. You agree that in order to accommodate certain requests by you, we may require you to verify your ownership of an account by sending a verification code to the phone number on the account and/or by requesting reasonable documentation to show your ownership of the number and account.

8. PRIVACY

For information regarding your personal data, please refer to the Privacy Policy which is hereby incorporated into these Terms by reference. If you use and/or access marketplaces that distribute the Apps such as the Apple App Store and Google Play (hereinafter referred to as the “Third-Party Platforms''), you understand that your personal information may be collected by them. Such information is governed by the Third-Party Platforms’ privacy policies, not Bending Spoons’.

9. UPDATES TO THE TERMS

We make changes to the Terms from time to time, and if we do, we will notify you by revising the date at the top of these Terms. We encourage you to look at the Terms regularly. Unless otherwise noted, the amended Terms will be effective immediately and your continued use of our Services will signify your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.

10. MODIFICATIONS

Bending Spoons is constantly improving the Services and as a result, Bending Spoons reserves the right, without liability, to (i) add or remove functionalities or features to the Services; (ii) modify the Apps and Services; and (iii) suspend or stop Services at any time for any reason. When installed on your Device, the Apps will periodically communicate with our servers. We may require the updating of the Apps on your Device when we release a new version or when we make new features available to our Users. This update may occur automatically or upon advance notice and may occur all at once or over multiple sessions. You acknowledge and agree that we may require your review and acceptance of our then-current Agreement before you will be permitted to use any subsequent versions of the Services. You accept that any obligation we may have to support previous versions of the Services may end upon the availability of updates, supplements or subsequent versions of the Services. As such, we have no obligation to make any updates, supplements or subsequent versions of the Service available to you.

11. ACCESS TO YOUR NOTIFICATION SETTINGS

Certain Apps may request permission to use notifications during the setup and activation process to alert you of various actions (e.g., when a call is blocked or when a call recording is delivered). You can customize the types of notifications the Apps send from within the App or your Device. We may also send in-app notifications within the Apps to notify you of important updates to the Services or special promotional offers for our products. More information is available in the Privacy Policy.

12. SUBSCRIPTIONS; AUTO-RENEWAL; PAYMENT

Free Trial. Your subscription to the Services may start with a free trial. For combinations with other offers, restrictions may apply. Free trials are for new Users only. Bending Spoons reserves the right, in its absolute discretion, to determine your eligibility.

Subscriptions. You may purchase a subscription by downloading the App through a Third-Party Platform or by registering on our Websites.

If the App offers a free trial, your paid subscription will begin at the end of the free trial period unless you cancel prior to the end of the free trial period in accordance with the Cancellation terms set forth below. For subscriptions with no free trial, you will be billed immediately upon submitting your purchase. If we provide a discount for the first subscription period, you pay the discounted fee but upon expiration of the discounted period, your subscription will automatically renew at the full rate and you will be charged the full fee.

Automatic Renewal; Recurring Charges. To the extent permitted by applicable law, you agree that your subscription will automatically renew at the end of each subscription period unless canceled at least twenty-four (24) hours in advance of the expiration of your free trial or paid subscription. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic and recurring billing, and you agree to pay the charges made to your account in connection therewith. You will be billed on a recurring basis at the then-current applicable subscription price plus any applicable taxes at the start of each new subscription period. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until cancelled by you in accordance with the Cancellation Section of this Agreement.

In-App Purchase. Bending Spoons may allow you to purchase subscriptions within the Apps. When you make in-app purchases, you will be billed by the Third-Party Platforms, not Bending Spoons. To turn off automatic renewal for subscriptions, access your Device’s account settings (not Bending Spoons’). All billing inquiries should be directed to the respective Third-Party Platform.

Payment Processing. When you purchase a subscription - whether through a Third-Party Platform or directly through our Websites - payment may be processed by third parties who act on Bending Spoons’ behalf or on behalf of the Third-Party Platform.

If you purchased an App through a Third-Party Platform and have a billing dispute, you must contact the applicable Third-Party Platform. If you subscribed and paid for the Services through one of our Websites, please Contact Us with any payment questions.

Refund Policy. If you have a paid subscription, you will not be entitled to any refund of an unused balance if you discontinue your subscription. There are no refunds on paid subscriptions once the charge has gone through for the billing period. All payments are non-refundable.

13. CANCELLATION

You may discontinue your subscription by following the Third-Party Platforms’ (Apple App Store or Google Play Store) cancellation instructions.

If you subscribed to the Services and created an account directly through one of our Websites and you do not wish for your account to renew automatically, or if you want to change or terminate your subscription: For Trapcall, log into your online account, click on Settings, Subscriptions, then Cancel Your Plan and follow the instructions provided. For all other Apps, log into your account through the applicable Website, click on Manage Subscription, then Cancel Subscription and follow the instructions provided.

Cancellations will take effect starting at the end of the billing period in which your cancellation was made. For example, if you have a monthly subscription that began on the first of the month but canceled mid-month, your cancellation will take effect as of the beginning of the following month. If you live in the European Union or the United Kingdom and wish to cancel a subscription purchased through the Apple App Store, you may do so within fourteen (14) days. Please follow the process set forth in the Apple App Store. You understand that you cannot cancel your subscription or obtain a refund if you have downloaded an App and started using it. For additional information on canceling a subscription and/or deactivating your account, please refer to the Supplemental Terms.

14. TERM AND TERMINATION

Term. This Agreement begins when you start using the Services and continues so long as you use our Services or have subscription (free or paid) with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with the subscription selected. With respect to Users who do not access the Services through a paid subscription plan (i) Bending Spoons may terminate this Agreement at any time; and (ii) applicable Users may terminate this Agreement at any time by deleting their accounts.

Account Suspension or Termination. If you breach any of the Terms set forth herein, Bending Spoons may, at its option: (i) terminate this Agreement immediately, with or without advance written notice; (ii) suspend, delete, or limit access to your account (and other accounts you control); and (iii) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Bending Spoons deletes your account for breach, you may not re-register. Please Contact Us if you believe your account has been deleted by mistake.

Survival. The following sections will survive termination of the Services: Intellectual Property Rights, Ownership of your Account, Disclaimer of Warranties, Limitations of Liability, Indemnification, Disputes, Arbitration, Governing Law, and General Provisions.

15. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES, PRODUCTS OR MATERIALS ARE PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE ANY OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. BENDING SPOONS DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, NON-INFRINGEMENT, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICES, PRODUCTS OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. BENDING SPOONS ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ITS BLOCKING ACTIVITIES, ANY INFORMATION PROVIDED BY THE SERVICES REGARDING ANY CALLER, ANY LOST CALL DATA, OR THE LEGALITY OF THE USE OF ANY OF THE SERVICES IN ANY PARTICULAR STATE OR IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.

16. LIMITATIONS OF LIABILITY

BENDING SPOONS, ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS, AND/OR ERRORS IN BLOCKING, TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS OR FROM THE ACCURACY OR INACCURACY OF ANY INFORMATION PROVIDED BY THROUGH THE SERVICE REGARDING ANY CALLER. BENDING SPOONS, ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF BENDING SPOONS HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BENDING SPOONS, ITS AFFILIATES AND SUBSIDIARIES ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS AND IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. BENDING SPOONS, ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE APP OR BY THE SERVICE THROUGH ANY OTHER MEANS. BENDING SPOONS ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE SERVICE IN ANY COUNTRY.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold Bending Spoons, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any Third-Party Service Providers (defined herein) to the Services, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney's fees, which are the result of, or are in any way related to, your use of the Services in violation of this Agreement

18. MACHINE LEARNING TECHNOLOGIES

Support. For more Bending Spoons is constantly developing new technologies and features to improve the Services. For example, Bending Spoons may use artificial intelligence and machine learning (“AI”) to provide you with simultaneous transcriptions, to better detect and block spam (i.e., by informing our algorithms), etc. For more information about what information we may use to improve our Services using AI, please see the Privacy Policy information on SwitchUp, please visit SwitchUp support at https://support.bendingspoons.com/.

19. USER-GENERATED CONTENT

The Services may have certain features that allow Users to submit your photos, videos, information, graphics, images, text, app store reviews (including public-facing user name as it appears with the review), audio recordings, captions and comments (“User Content”) upload, transmit or post within the Services, on Bending Spoons’ social media pages or third-party applications, including, but not limited to, Facebook, Twitter, Instagram, or on any other related service (“Social Media''). It is not necessary to purchase anything from Bending Spoons in order to submit User Content. If you choose to submit User Content, you agree to be bound by these Terms, the Privacy Policy, as well as the terms of any Social Media platform, if applicable.

Your Representations. You represent and warrant that:

you are not a minor or you are the parent/guardian of all minors depicted in your User Content, if any.
you have the full right, power and authority to agree to these Terms and grant the rights described herein;
you own all rights in and to your User Content and name and/or likeness and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage otherwise claim any rights with respect to such User Content and name and/or likeness, such that you have all necessary licenses, rights, consents and permissions to publish the User Content and name and/or likeness and to grant the rights granted herein, including permission from all person(s) appearing and/or performing in your User Content;
Bending Spoons’ use of your User Content and name and/or likeness as described herein will not violate the rights of any third party, or any law, rule or regulation, including but not limited to consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights and laws;
the User Content and name and/or likeness is not confidential, libelous, defamatory, obscene, pornographic, absusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful;
your upload or post of User Content does not violate any applicable laws or the terms or requirements of the Social Media platform where you uploaded or posted the User Content; and
you confirm and agree that Bending Spoons’ use of your User Content as described in these Terms does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity.

You further represent that you have the consent or permission of any other person or entity that is required for our use of your User Content as described in these Terms, including but not limited to: (i) any person who appears or performs in your User Content, and (ii) any person or entity who owns any rights in your User Content or anything that appears in your User Content. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the User Content and the rights you are granting us under these Terms.

Release. You hereby fully release, discharge and agree to hold Bending Spoons, and any person or entity acting on their behalf, harmless from any liability related in any way to Bending Spoons’ use of your User Content and your name and/or likeness.

User Content License. You grant us an irrevocable, perpetual, worldwide, and unlimited right and license to use User Content (and to allow others to use the User Content) without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the User Content. We may use User Content for any business purpose on our Websites, Social Media platforms, and in any new media or technology now known or hereafter created, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the User Content (or any part of the User Content) and related content, and include the User Content (or any part of the User Content) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the User Content. We do not, and cannot, pre-screen or monitor all User Content. However, Bending Spoons has the right (but not the obligation) to monitor your conduct and User Content submission and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content. You agree that we have no obligation to use User Content or your name or other identifying information.

Waiver. You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including without limitation any moral rights, performance rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.

Promotional Use. If you prefer that we do not use your User Content for promotional purposes, please Contact Us.

Miscellaneous. If requested by Bending Spoons, you will agree to sign any documentation as may be required to protect, perfect or enforce any of the rights you have given us under these Terms. We have no obligation to use the User Content and we may remove or stop using any User Content at any time and any reason. Use of the User Content does not imply our endorsement of or any affiliation with you.

20. DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; GOVERNING LAW

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOUR AND OUR ABILITY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND US FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND WE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW IN THE SECTION TITLED “OPTING OUT OF ARBITRATION” IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.

Claims Subject to this Section. The dispute resolution and binding arbitration terms in this section apply to all Claims between you and us. A “Claim” is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory for which either party wishes to seek legal recourse and that arises from or relates to these Terms or our Teams Services, including any related to privacy or data-security or to the formation, validity, enforceability, revocability, performance, breach, or scope of the Terms or arbitration agreement or any portion of it or arising out of or relating to interpretation or application of the Terms or arbitration agreement.

Informal Dispute Resolution Prior to Arbitration. If you have a Claim against us or if we have a Claim against you, you and we must first attempt to resolve the Claim informally in order to try to resolve the Claim faster and reduce costs for both parties. You and we will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

You will send any Claimant Notice to us by certified mail addressed to Via Nino Bonnet 10, 20154 Milan, Italy or by email to bspoperations@legalmail.it. We will send any Claimant Notice to you by certified mail or email using the contact information you have provided to us or via reasonably available means of notice if you have not provided certified mail or email contact information to us. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, telephone number, and any relevant purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. The Informal Resolution Period is intended to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or we cannot initiate arbitration before the end of the Informal Resolution Period. If you or we file a Claim in court or initiate arbitration without first providing a compliant Claimant Notice and waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court or arbitrator to enjoin the filing or arbitration and seek damages from the party that has not followed the informal dispute-resolution process to reimburse it for any costs and fees—including arbitration, attorney, and expert fees—incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing-fee deadlines for a Claim shall be tolled for the duration of the Information Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual-property rights of you or us, including any disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use or infringement of your or our intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property but are jointly filed with IP Claims, that are not resolved in accordance with the above section will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury.

Binding Individual Arbitration. Subject to the terms of this section, Claims may only be adjudicated by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Claim arose (the “Rules”), as modified by these Terms.

If NAM notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), https://www.adr.org. For Claims that must be arbitrated by AAA, if you are a “Consumer,” meaning that you only use the Teams Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules apply to Claims between you and us, as modified by these Terms. For Claims that must be arbitrated by AAA, if you are not a “Consumer,” the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures apply to Claims between you and us as modified by these Terms.

These Terms affect interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy or relief that would otherwise be available in court, including the power to determine the question of arbitrability.

Arbitration Procedure and Location. You or we may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM (or with AAA if applicable pursuant to the above section).

Instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 800-358-2550, and instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to us by certified mail addressed to Via Nino Bonnet 10, 20154 Milan, Italy or by email to bspoperations@legalmail.it.. We will send any demand for arbitration to you by certified mail or email using the contact information you have provided to us or via reasonably available means of notice if you have not provided certified mail or email contact information to us.

The arbitration will be conducted by a single arbitrator in the English language. You and we both agree that the arbitrator will be bound by these Terms.

For Claims in which the claimant seeks USD $10,000 or less, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks more than USD $10,000, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and we agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award and any judgment confirming it apply only to that specific case; they cannot be used or offered as precedent in any other case except to enforce the award itself. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

Arbitration Fees. Except for circumstances outlined in the following two sections, each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.

Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs and fees incurred by the defending party—including arbitration, attorney, and expert fees—related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed for any improper purpose, such as to harass the responding party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

Offers of Settlement: Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party rejected, that party must pay all arbitration costs and fees incurred by the other party after the written settlement offer was made.

One Year to Assert Claims. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU OR US AGAINST THE OTHER MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM ARISES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU OR WE WILL NO LONGER HAVE THE RIGHT TO ASSERT THAT CLAIM.

Confidentiality. If you or we submit a Claim to arbitration, you and we agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and we agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

Coordinated Filings. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in these Terms. You or we may advise the other of your or our belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter.

COORDINATED CLAIMS MAY ONLY BE FILED IN ARBITRATION AS PERMITTED BY THE BELLWETHER PROCESS SET FORTH BELOW. APPLICABLE STATUTES OF LIMITATIONS WILL BE TOLLED FOR CLAIMS ASSERTED AS COORDINATED CLAIMS FROM THE TIME A COMPLIANT CLAIMANT NOTICE HAS BEEN RECEIVED BY A PARTY UNTIL THESE TERMS PERMIT SUCH COORDINATED CLAIMS TO BE FILED IN ARBITRATION OR COURT.

The bellwether process set forth in this section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.

After that point, counsel for the parties shall select 20 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its claims and arguments. Each side shall select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process.

A single arbitrator shall preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator’s fee paid for by us. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution of all remaining Coordinated Claims, the arbitration requirement in this section shall no longer apply to Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Coordinated Claims released from the arbitration requirement must be resolved in accordance with section.

To the extent you are asserting the same Claim as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.

If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days from the date when these Terms are notified to you by providing us with notice of your decision to opt out via email at bspoperations@legalmail.it or by certified mail addressed to Via Nino Bonnet 10, 20154 Milano, Italy. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. If you opt out of this updated arbitration clause and were previously subject to an arbitration clause in effect prior to this updated arbitration clause, then that prior arbitration clause shall remain as the agreement between us. If you are a new user and did not previously consent to the prior arbitration clause and you choose to opt-out of this updated agreement, then we will also not be bound by this updated arbitration clause.

Rejection of Future Arbitration Changes. You may reject any change we make to section (except address changes) by sending us notice of your rejection within 30 days of the change via email at bspoperations@legalmail.it or by certified mail addressed to Via Nino Bonnet 10, 20154 Milano, Italy. Changes to section may only be rejected as a whole, and you may not reject only certain changes to section. If you reject changes made to section, the most recent version of section that you have not rejected will continue to apply.

Severability. If any portion of this section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

Governing Law. This Agreement and all modifications and amendments thereto, shall be governed by the law of the State of New York, United States without giving effect to its conflicts of laws principles.

21. USE OF THIRD-PARTIES

Third-Party Platforms. You understand that Third-Party Platforms and have additional terms, conditions and usage rules that govern your use of our Apps. Failure to comply with Third-Party Platform terms may result in the termination of your account with the Third-Party Platform and your inability to use a particular feature we offer.

Third-Party Service Providers. You agree and understand that Bending Spoons may use trusted third-party platforms, third-party APIs, third-party logins, telecom providers, transcription service providers, marketing partners, infrastructure partners and other integrations of third-party services within Bending Spoons’ Services (e.g., email service providers, payment providers, analytics providers, etc.) (collectively referred to as “Third-Party Service Providers”) to provide the Services and help Bending Spoons market and operate its businesses as well as provide us with customer service and internal analytics tools. To learn more about how we may share information with our Third-Party Service Providers, please see the Privacy Policy.

Third-Party Links. Our Services may provide access or links to Third-Party Service Providers’ websites, platforms or resources. We have no control over such websites, platforms and resources, and you acknowledge and agree that Bending Spoons is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Bending Spoons shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third party content, goods or services available on or through any such website or resource nor is Bending Spoons responsible for providing customer service with respect to Third-Party Service Providers.

22. GENERAL PROVISIONS

Compliance. Customer is responsible to ensure its compliance with all applicable laws and regulations in the relevant jurisdictions in order to use and/or provide its services and offer its products based on the Services. Customer agrees not to submit to the Services any data that is protected under a special legislation and requires a unique treatment, including, without limitations, (i) categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any similar legislation or regulation in other jurisdiction; and (ii) any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented, or any similar legislation in other jurisdiction, unless Customer and Bending Spoons separately enter into a HIPAA Business Associate Agreement.

Call Recording Feature. Certain states or countries may have laws prohibiting the recording of calls without consent from the parties to the call. You may violate a state’s or country’s criminal law or create civil liability for yourself by listening in on or recording a telephone conversation without first informing the other parties that you are doing so. By installing or using the Apps, you agree (i) to comply with all applicable laws and regulations (including obtaining consent to record, where applicable); and (ii) that Bending Spoons has no liability for your failure to comply with all applicable laws and regulations.

Export Controls. The Services and the underlying information and technology are subject to United States and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Services. You agree to comply with these laws, restrictions and regulations when downloading or using the Apps.

Artificial Intelligence and Machine Learning Technologies. Bending Spoons is constantly developing new technologies and features to improve the Services. For example, Bending Spoons may use artificial intelligence and machine learning to provide you with simultaneous transcriptions, to better detect and block spam (by informing our algorithms), etc. For more information about what information we may use to improve our services using AI or Machine Learning Technologies, please see the Privacy Policy.

Copyright Notice. Bending Spoons respects and expects its users to respect the rights of copyright holders. On notice, Bending Spoons will act appropriately to remove content that infringes the copyright rights of others. Bending Spoons reserves the right to disable access to Services by anyone who uses them to repeatedly infringe the intellectual property rights of others.
If you believe the Services or any elements of the Services infringe your copyright rights, please contact Bending Spoons' Legal team at legal@bendingspoons.com or the address below. For anything else, you can reach out to the Bending Spoons support team at https://support.bendingspoons.com/.

Bending Spoons Operations S.p.A.
Via Nino Bonnet 10
20154 Milan
Italy

Please ensure your communication includes the following:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice to Government End Users. Any services or Apps provided by Bending Spoons or its affiliates installed for or on behalf of the United States, its agencies and/or instrumentalities ("United States Government"), are provided with Restricted Rights as "commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the United States Government shall have only those rights specified in the license contained herein. The United States Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.

Integration. This Agreement and any modification made in accordance with the Terms herein constitutes the entire agreement between you and Bending Spoons with respect to the Services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic, or oral, between you and Bending Spoons.

Force Majeure. Bending Spoons shall not be liable for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, strikes, lockouts, internet or telecommunications failures, shortages of or the inability to obtain labor, acts by hackers or other malicious thor partys, explosions, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other problems with the internet generally, or any other matter beyond the reasonable control of Bending Spoons (“Force Majeure Event”).

Language. All communications and notices to be made or given pursuant to these Terms shall be in English.

Storage Practices. We strongly recommend that you keep adequate back-ups of any call recordings and voicemail or transcripts of such recordings that you wish to keep. Bending Spoons may, in its discretion, establish practices and limits concerning use of the Services, including without limitation the maximum period of time that content such as recordings or call data will be retained by the Services and the maximum storage space that will be allotted to our servers for your account. Bending Spoons reserves the right to change these practices at any time in its sole discretion. In the event of any material change, Bending Spoons will attempt to notify you in advance of such change. You agree that Bending Spoons has no responsibility or liability for the deletion or failure to store any data, conversations, recordings, texts or other content maintained or uploaded by the Services. You further acknowledge that Bending Spoons reserves the right to terminate accounts that are inactive for an extended period of time. To ensure your content is retained, you should go to call details and share the information to your email or cloud storage account. You acknowledge that you bear sole responsibility for the back-up of this information. See the Privacy Policy for more information.

Consent to Communications. By entering into this Agreement, you consent to the receipt of emails, text messages, in-app notifications, and customer service phone communication (including on-screen notifications) from us regarding, (i) the operation of the Services and your account; and (ii) other services and products we believe may be of interest to you. In some jurisdictions, we may get your express consent for certain communications. You may opt-out of future emails, notifications, and text messages about such products or services by Contacting Us. You may not, however, opt-out of receiving communications regarding important information relating to your account or this Agreement.

23. CONTACT US

If you have any questions, please contact us at https://support.bendingspoons.com/.

24. SUPPLEMENTAL TERMS

Additional supplemental terms apply to the following Services:

ROBOKILLER

General. Robokiller offers among other things, the ability to automatically block nuisance calls (robocalls, telemarketers, etc.), to forward nuisance calls to an Answer Bot selected by you or a default voicemail greeting, record and transcribe them, to blacklist and whitelist specific numbers and, if enabled, to block SMS spam messages. RoboKiller also offers automated call screening assistance. When an unrecognized number calls that is not (i) a contact, (ii) on your whitelist, or (iii) not clearly identified as spam, the automated call screening assistance feature will prompt the caller to state a name and purpose for the call, all of which is recorded, transcribed, and made available for your review. Android users will actively need to enable this feature. iOS users can disable this feature in the RoboKiller’s settings. Certain features may not be available in earlier versions of the application or on Android devices.

Plans. Robokiller offers multiple plans to meet the needs of its customers. While all Users have access to basic features, subscribers to other plans have several additional features available to them depending on the chosen plan, such as call blocking, spam text protection, personal block lists, and personal data removal.

Functionality. Robokiller uses a combination of telephone carrier network (“PSTN”) and Voice over IP (“VoIP”) to deliver calls to your Device. The technology and how calls are received on your Device are determined by your telephone carrier and the version of the operating system your Device is running when Robokiller is set up. If you upgrade your operating system version, it is recommended that you disable/deprogram your Device, uninstall, and reinstall Robokiller to ensure you have the best experience. Instructions on how to disable/re-program Robokiller can be found in the settings menu of the App.

Call Blocking/Forwarding. Activating the call blocking/forwarding feature means that certain incoming calls (e.g. declined calls, silenced calls or unanswered calls) are forwarded to Robokiller in order to identify and block nuisance and unwanted calls accordingly (or send them back to your Device as a safe call - all before your phone rings). Calls from your Device’s contacts go directly to your Device. When you dial the number provided to you during the setup process, a message will appear to inform you that calls will not be forwarded to that number.

Please note that you are solely responsible for any charges imposed by your mobile service provider for (i) using the call forwarding feature, (ii) local or long distance usage, and (iii) text message and data usage.

Number Monitoring. You agree to check the numbers and messages from blocked calls on your Device regularly to ensure that you whitelist any legitimate phone number so that it will not be blocked in the future. The Service also provides you the ability to create and modify a personal whitelist ("Allow List") and blacklist ("Block List"). You can use the whitelist feature to ensure that a specific number is never blocked. You can add or remove users from your personal Allow List and Block List at any time. Please note that if you have requested a call from, or have an existing relationship with a debt relief company, collections company or if you provided your number to authorize a sales call to any company and you desire to continue receiving those calls, we advise you to add the number to your contacts or Allow List and to monitor your Robokiller messages for calls you may wish to return.

Access to Microphone. When you download Robokiller and begin the setup and activation process, Robokiller will ask permission to access your Device’s microphone. You must give Robokiller permission to access your Device’s microphone in order for the App to properly function. The Service uses your Device’s microphone to ensure you can talk to the caller when Robokiller initiates a VoIP call with a safe caller.

Access to Contacts. In order to provide the Services, Robokiller must access the numbers in your Device’s address book.

Answer Bots. Robokiller provides you the option to use its Answer Bots to respond to unwanted spam and robocallers. Answer Bots are pre-recorded audio messages. You can choose whichever Answer Bot you like or make your own audio content and recordings (“Audio(s)”). If you choose not to use Answer Bots, unwanted spam and robocallers will hear a very polite but concise default recording. When unwanted spam and robocaller engages with one of Robokiller’s Answer Bots, the conversation is recorded as a voicemail and saved within the App (“Answer Bot Recording''). By using Robokiller’s Answer Bot feature, you expressly authorize us to record Answer Bot conversations on your behalf.

Robokiller provides Users the ability to share Audios and Answer Bot Recordings. For every Audio and/or Answer Bot Recording you decide to share, you represent and warrant that:

you will share Audio and/or Answer Bot Recordings strictly from unsolicited, unwanted spam and robocallers and you will not share any Audio and/or Answer Bot Recordings from people with whom you have established a relationship with (e.g., signing up to receive offers);
to the extent there is an identifiable person mentioned in your Audio and/or the Answer Bot Recording, you have obtained the appropriate rights, permissions and/or licenses from such person in order to share the Answer Bot Recording;
Bending Spoons will not need to obtain any rights, permissions and/or licenses from any third-party or pay royalties to any third-party in order to make the Audio and/or Answer Bot Recording publically available;
the Audio and/or Answer Bot Recording do not infringe any third-party’s rights, including intellectual property rights and privacy rights; and
the Audio and/or Answer Bot Recording comply with this Agreement, all applicable laws as well as the terms of use of any Social Media platform or application.

Users may also share their own unique Answer Bot Audio creations with Robokiller either directly within the App or via email. As between you and Bending Spoons, you own the Audios that you create and submit to Robokiller. By submitting your Audios, you grant Bending Spoons and its affiliates, a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereinafter created) and make derivative works from your Audios for the purpose of: (i) making the Audios available for review by Bending Spoons; (ii) providing the Audios on Social Media and other platforms; (iii) allowing other Robokiller Users to play, download and use your Audios within the App; (iv) promoting Robokiller’s Answer Bots, provided you have made your Audios publicly available; and (v) archiving or preserving the Audios for disputes, legal proceedings, or investigations. You further grant all Robokiller Users the ability to view your Audios for personal, non-commercial purposes. This includes the right to copy and make derivative works from the Audios solely to the extent necessary to view the Audios. The aforementioned licenses will continue unless and until you remove your Audios from the App, in which case the licenses will terminate within a commercially reasonable time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

For every Audio you create and upload, post or transmit to Robokiller, you represent and warrant that:

you have the right to submit the Audios to Robokiller and grant the licenses set forth herein;
your Audio is civil and respectful;
your Audio does not contain any sexually explicit content or pornography;
the Audio does not contain hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
your Audio does not harm or exploit minors;
your Audio does not discuss unlawful acts or extreme violence; and
the Audio does not promote fraudulent or dubious business schemes.

Legal Compliance. Depending on the state or country in which you are located, the Answer Bot recording may violate laws requiring a person to obtain the consent of other parties on the call prior to recording the telephone conversation. You acknowledge and agree that as the individual directing the recording, you are solely responsible for determining the law in the state or country in which you are receiving calls prior to using the Answer Bot feature in that state or country. You agree not to enable the Answer Bot feature unless you have first determined that your use is legal.

Voicemail and Call Screening Transcriptions. Your version of Robokiller may include transcription capabilities. Should you decide to deploy the transcription features, you acknowledge and expressly agree that Bending Spoons may transcribe or have transcribed by a third party and store or have stored by a third party, voicemail messages and call screening recording, and to make such transcriptions available to you.

Audio Fingerprinting. Robokiller may extract relevant features in the first few seconds of an incoming call made to your Device. Robokiller is then able to identify an audio sample or rapidly match other similar features in an existing audio database in order to determine whether such incoming call is a robocall. This process proactively analyzes an audio sample within a call and is done moments before Robokiller alerts you of the nature of the call.

Call Data Retention. We make no guarantees that we will retain certain call data such as calls, call recordings, voicemail, call screens, Answer Bots and transcriptions for greater than six (6) months, after which we may delete such call data. If you would like to retain this information, you can go to the App’s call details and share the information to your email or cloud storage account. You acknowledge that you bear sole responsibility for the back-up of this information.

SMS Spam Protection. Robokiller provides you with the option to enable a SMS spam protection feature which will filter SMS and MMS messages from individuals not in your Device’s contacts. When you enable the SMS spam blocking feature and grant us permission, we will filter SMS text messages from individuals that are not in your Device’s contacts and attempt to block any spam messages.

Personal Data Protection. Robokiller provides you with the option to purchase a personal data protection feature within the App. If purchased, the personal data protection service will regularly use your information to scan online data broker websites (“Data Sites”) for personal information about you. Sometimes these Data Sites are called people search sites. If online personal information about you is identified at these Data Sites, Robokiller or its designated third party partner will submit opt-out requests on your behalf to remove such personal information (“Opt-Out”). You can go to the App at any time to see if online personal information about you was found on these Data Sites and whether the Opt-Out was successful. Robokiller may change the Data Sites that are being scanned at any time without notice to you. In order to submit an Opt-Out request to remove your personal information from Data Sites, Robokiller, or its designated third party partner, may need to interact with Data Sites on your behalf. Solely in connection with and for the purpose of providing the personal data protection service, you expressly authorize Robokiller, its agents, service providers, and its employees, to act as your personal representative in order to submit Opt-Out requests to Data Sites and:

obtain information on your behalf;
submit your personal information to the Data Sites;
communicate with the Data Sites or other third parties on your behalf;
agree to applicable terms and conditions imposed by these Data Sites;
complete and sign or execute documents on your behalf necessary to assist in fulfilling your opt-out request; and
take other actions that Robokiller may believe are reasonably necessary to complete an Opt-Out request from a Data Site or to implement the personal data protection feature.

Robokiller does not guarantee that the personal data protection feature will find a User’s online personal information at any of the Data Sites, or that it will scan all Data Sites. Robokiller does not guarantee that the personal data protection feature will be 100% accurate or effective, that an Opt-Out request will be honored or responded to, or that all Opt-Out requests will be equivalent. Robokiller does not guarantee that an Opt-Out requests will prevent all of any future uses or disclosures of a User’s online personal information by a Data Site, that Robokiller will identify all instances of a User’s online personal information that are eligible for Opt-Out, or that the Data Sites will not retain copies of a User’s online personal information.

Some Data Sites may have multiple databases and may acquire and aggregate personal information about individuals on an ongoing basis. The Opt-Out request we submit on your behalf may not be effective for all sources of personal information maintained by the Data Site, or for online personal information acquired by the Data Site after Robokiller submits the Opt-Out request. In addition, Robokiller may not locate all entries or the correct entries of your online personal information that are eligible for Opt-Out. Not all of Data Sites offer the same type of Opt-Out options and you may be required to take further action directly with certain Data Sites to make your Opt-Out request. Further, in some instances, even if Robokiller is able to effectively submit an Opt-Out request on your behalf to a Data Site, we cannot guarantee that the Data Site will delete all of your online personal information in its records or that it will honor our request.

Robokiller makes no representations, warranties or guarantees related to such Data Sites. You understand and agree that Robokiller is not responsible for the acts or omissions of any of these Data Sites and that you will not hold Robokiller liable for such acts or omissions or for Robokiller’s failure for any reason to obtain effective Opt-Outs on your behalf. You understand and agree that Robokiller is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act.

Phone Number Lookup Website. Lookup.Robokiller.com allows you the ability to lookup a phone number to assess whether such a number is a nuisance call. We may use anonymized recordings and transcripts of spam messages collected through the Service to provide this information. Any feedback provided by Robokiller Users within the App may appear as comments for a given number.

Unsubscribing from Robokiller. Robokiller will instruct you to first cancel your subscription in order to properly delete your account. It is best to complete this process from your Device’s “settings” app since you likely signed up for Robokiller through a Third-Party Platform; however, you can begin unsubscribing directly from within the App. In order to unsubscribe from Robokiller purchased through the App Store, please open the “settings” app on your Device > tap on your name at the top of settings to access iCloud/Apple ID settings > tap on subscriptions (if you don’t see subscriptions, tap on iTunes & App Store instead. Then tap on your Apple ID > tap View Apple ID > sign in > scroll down to subscriptions > tap subscriptions) > choose Robokiller and then tap on cancel subscription > confirm that you want to cancel your subscription to Robokiller. You will then be prompted to deactivate Robokiller before finally deleting your account. In order to unsubscribe from Robokiller purchased through the Google Play Store, please open the Google Play Store on your Device > tap on menu > tap on subscriptions > select Robokiller > tap on the cancel subscription option.

Account Deletion. The method of account deletion may vary depending on the plan and Device you have, Apple Users: please open the App on your Device > tap on settings > tap on my account located under account settings > tap on delete my account > confirm you want to delete your account by tapping yes. Android Users: please open the App on your Device > tap on my account located under account settings > tap on delete my account > you will be taken to our Website - http://app.robokiller.com/delete-account - where you will follow the instructions provided to confirm your account deletion. The instructions provided within the App will direct you to cancel your Robokiller subscription first in order to delete your account.

Please remember that simply deleting the App will not deactivate the call blocking service nor will it end your subscription. In order to cancel Robokiller and stop call blocking/forwarding, you must go through the steps detailed herein.

Call Forwarding Deactivation. Please follow the following deactivation steps if you enabled the call blocking/forwarding feature during the setup process. In addition to unsubscribing, you must deactivate your account within the App. If you still have the App on your Device, please open the RoboKiller App > tap the settings tab located in the bottom right > tap help & feedback under support > tap disable RoboKiller > follow the on-screen instructions. If you deleted the App before deactivating the call blocking/forwarding feature, please open the settings icon on your Device > tap phone > tap call forwarding > turn off call blocking/forwarding. You can also deactivate the call blocking/forwarding feature by going to Deactivate My Phone. If you fail to deactivate the call blocking/forwarding feature, you will not receive your voicemail messages and may experience other problems with your telephone carrier.

No Representations or Warranties. Robokiller tries to provide the most accurate data available and to only block calls that are unwanted nuisance calls, but it makes no representations or warranties about the Services. Robokiller makes no guarantee concerning the accuracy of the results it provides.

Indemnification. You will indemnify, defend and hold harmless Bending Spoons and its affiliates, directors, officers, employees, and agents from and against all third-party claims that (i) arise from your Robokiller activities; (ii) assert a violation by you of any term of this Agreement; or (iii) asset that any content you submitted to Robokiller violates any law or infringes any third-party right, including any intellectual property or privacy right.

Privacy. To learn more about how Robokiller collects, uses and discloses your personal information in connection with your use of Robokiller, please refer to the Privacy Policy.

Support. For more information on Robokiller, including the call blocking/forwarding feature, visit Robokiller’s support help center at https://support.bendingspoons.com/.

TAPEACALL

General. TapeACall offers you the ability to record audio and calls (i.e., local toll, domestic long distance and international telephone calls, conference calls) and provides you with transcripts, transcription summaries and transcription translations of such audio and call recordings

Plans. TapeACall offers multiple paid plans to meet the needs of its customers: Lite, Standard and Premium. All Users will have access to features available within the Lite plan; however, subscribers to other plans will have several additional features available to them depending on the chosen plan, such as access to AI-generated transcriptions and the ability to share transcriptions to a cloud storage account.

Transcriptions. Your version of TapeACall may include transcription capabilities, including the option to translate your transcriptions into other languages by using TapeACall, you acknowledge and expressly agree that Bending Spoons may transcribe or have transcribed by a third-party and store or have stored by a third-party vendor, such recordings, and to make such transcriptions available to you.

Call Data Retention. We make no guarantees that we will retain certain call data such as calls, call recordings, audio recordings and transcriptions for greater than six (6) months, after which we may delete such call data. Standard and Premium subscribers will be able to retain this information past six (6) months by going to the App’s call details and sharing information to an email or cloud storage account. You acknowledge that you bear sole responsibility for the back-up of this information.

Unsubscribe from TapeACall. It is best to complete this process from your Device’s “settings” app since you likely signed up for TapeACall through a Third-Party Platform; however, you can begin unsubscribing directly from within the App. In order to unsubscribe from TapeACall purchased through the App Store, please open the “settings” app on your Device>tap on your name at the top of settings to access iCloud/Apple ID settings > tap on subscriptions (if you don’t see subscriptions, tap on iTunes & App Store instead. Then tap on your Apple ID > tap View Apple ID > sign in > scroll down to subscriptions > tap subscriptions) > choose TapeACall and then tap on cancel subscription > confirm that you want to cancel your subscription to TapeACall. In order to unsubscribe from TapeACall purchased through the Google Play Store, please open the Google Play Store on your Device > tap on menu > tap on subscriptions > select TapeACall > tap on the cancel subscription option.

Account Deletion. If you want to delete your account, please open the App on your Device > tap on settings > tap on my account > tap on delete my account. Once you delete your account, you will no longer be able to access your recordings, transcriptions or anything else related to your account. If you signed up for TapeACall through our Website, your subscription will automatically be canceled during the account deletion process.

Legal Compliance. Certain states or countries may have laws prohibiting the recording of calls without consent from the parties to the call. You may violate a state’s or country's criminal law or create civil liability for yourself by listening in on or recording a telephone conversation without first informing the other parties that you are doing so. By installing and using the App, you agree (i) to comply with all applicable laws and regulations; and (ii) that Bending Spoons has no liability for your failure to comply with all applicable laws and regulations.

Privacy. To learn more about how TapeACall collects, uses and discloses your personal information in connection with your use of TapeACall, please read the Privacy Policy.

Support. For more information about how TapeACall works, subscription and/or account management and answers to frequently asked questions, please reach out to https://support.bendingspoons.com/.

TRAPCALL

General. Trapcall offers you the ability to learn who is calling you before answering a call by revealing caller ID information from blocked or unknown calls, to record calls, to have voicemails transcribed and to block unwanted calls by adding them to your Block List.

Call Blocking Feature. In order to take advantage of TrapCall's call blocking feature, you may be asked to enable call forwarding/blocking features on your Device during the installation and App setup process. Activating the call forwarding/blocking features means that certain incoming calls (e.g., declined calls, silenced calls or unanswered calls) are forwarded to TrapCall in order to identify and block nuisance and unwanted calls accordingly (or send them back to your Device as a safe call - all before your phone rings). Calls from your Device’s contacts go directly to your Device. When you dial the number provided to you during the setup process, a message will appear to inform you that calls will not be forwarded to that number. Please note that you are solely responsible for any charges imposed by your mobile service provider for (i) using the call forwarding feature, (ii) local or long distance usage, and (iii) text message and data usage.

Access to Contacts. In order for TrapCall to work correctly, we may also request during the onboarding process that we receive access to the numbers in your Device’s address book in order to whitelist them for you. Please note that we may not be able to provide these call forwarding and call blocking features if you do not choose to enable these functions or allow us access.

Transcriptions. Your version of TrapCall may include voicemail transcription capabilities. If so, by using TrapCall, you acknowledge and expressly agree that Bending Spoons may transcribe or have transcribed by a third-party and store or have stored by a third-party vendor, such recordings, and to make such transcriptions available to you.

Call Data Retention. We make no guarantees that we will retain certain call data such as calls, call recordings, voicemail, and transcriptions for greater than six (6) months, after which we may delete such call data. If you want to retain this information longer, you should go to the App’s call details and share the information to your email or cloud storage account. You acknowledge that you bear sole responsibility for the back-up of this information.

New Features. TrapCall is constantly rolling out new features and updates and as a result users will be updated on any new feature announcements within the App. You can read about new TrapCall features within the calls section of the App.

Unsubscribing from TrapCall. TrapCall will instruct you to first cancel your subscription in order to properly delete your account. It is best to complete this process from your Device’s “settings” app since you likely signed up for TrapCall through a Third-Party Platform; however, you can begin unsubscribing directly from within the App. In order to unsubscribe from TrapCall purchased through the App Store, please open the “settings” app on your Device>tap on your name at the top of settings to access iCloud/Apple ID settings > tap on subscriptions (if you don’t see subscriptions, tap on iTunes & App Store instead. Then tap on your Apple ID > tap View Apple ID > sign in > scroll down to subscriptions > tap subscriptions) > choose TrapCall and then tap on cancel subscription > confirm that you want to cancel your subscription to TrapCall. In order to unsubscribe from TrapCall purchased through the Google Play Store, please open the Google Play Store on your Device > tap on menu > tap on subscriptions > select TrapCall > tap on the cancel subscription option.

Account Deletion. If you want to delete your account, please open the App on your Device > tap on settings > tap on account > tap on delete account > confirm you want to delete your account by tapping continue. You will be redirected to cancel your subscription with TrapCall with the Third-Party Platform from which TrapCall was purchased from. Once you unsubscribe, you will be able to delete your account by tapping on delete forever.

Please remember that simply deleting the App will not deactivate your TrapCall account nor will it end your subscription. In order to cancel TrapCall, you must go through the steps detailed above.

Privacy. To learn more about how TrapCall collects, uses and discloses your personal information in connection with your use of TrapCall, please read the Privacy Policy.

Support. For more information on TrapCall, please visit https://support.bendingspoons.com/.

TEXTKILLER

General. TextKiller analyzes, filters and protects you against annoying or malicious text SMS and MMS messages by filtering those messages from individuals and numbers not in your Device’s contacts. Messages from unknown numbers that are identified as spam will appear in your spam or junk messages folder located in your Device’s native messages application.

Spam Protection. When you download TextKiller and begin the setup process, TextKiller will require you complete the following steps in order to allow TextKiller to filter your messages. Please open the settings icon on your Device>tap the messages icon>scroll down and tap unknown & spam>turn on filter unknown senders and select TextKiller.

Plans. TextKiller offers multiple plans to meet the needs of its customers. While both free and premium plan Users have access to basic features, premium subscribers have several additional features available to them such as call blocking, spam text protection, personal block lists, and personal data removal, etc.

Unsubscribing from TextKiller. You can cancel your subscription through the App; however, it’s best to complete this process from your Device’s “settings” app since you likely signed up for TextKiller through a Third-Party Platform. In order to unsubscribe from TextKiller purchased through the App Store, please open the “settings” app on your Device > tap on your apple ID and then tap subscriptions > under active, tap TextKiller and select cancel subscription > confirm that you want to cancel the subscription to TextKiller.

Account Deletion. Once you have canceled your subscription to TextKiller, you will be asked to delete your TextKiller account. The account deletion process will be the same for free and premium Users. Please open the App on your Device > tap on settings >tap on delete my account > confirm you want to delete your account by tapping yes > you will receive a confirmation message that you have deleted TextKiller.

Please remember that simply deleting the App will not unsubscribe you from the Services. In order to cancel and delete TextKiller, you must go through the steps detailed above.

Privacy. To learn more about how TextKiller collects, uses and discloses your personal information in connection with your use of TextKiller, please read the Privacy Policy.

Support. For more information on TextKiller, please visit TextKiller’s support help center at https://support.bendingspoons.com/.

SWITCHUP

General. SwitchUp allows you to seamlessly manage multiple phone numbers from one device, making it easy to switch between personal and business-related calls and texts. SwitchUp has effective spam call and text blocking powered by RoboKiller, which ensures that SwitchUp numbers are free from unwanted messages.

Standard and Pro Plans. SwitchUp offers two (2) tiers: a standard plan (“SwitchUp Standard”) and our pro plan (“SwitchUp Pro”) with monthly and annual subscription options. SwitchUp Standard provides users a second phone number with spam protection, vanity numbers, custom voicemail and unlimited talk and text messaging. SwitchUp Pro offers more features and is commonly used by business owners looking to elevate their customer service and maximize their productivity. SwitchUp Pro provides Users with multiple phone numbers, call recording capabilities, text templates, business hours, auto-reply, port-in and much more.

Access to Contacts. In order to provide the Services, SwitchUp must access the numbers in your Device’s address book. If you do not permit SwitchUp to access your contacts, we cannot provide the Service to you.

Access to Microphone. When you download SwitchUp and begin the setup process, SwitchUp will ask permission to get access to your Device’s microphone. Access to your Device’s microphone is required in order for SwitchUp to ensure that you can record a custom voicemail prompt for callers.

SwitchUp Numbers. You acknowledge and agree that you have no ownership rights in the phone numbers issued to you through the SwitchUp App (each a "SwitchUp Number") and you do not have any rights to transfer or use the SwitchUp Numbers separate and apart from the SwitchUp App. Bending Spoons may, in its discretion, allow you to port your SwitchUp Number to another service. If you wish to port over your SwitchUp Number, contact SwitchUp support (email provided below). You understand and agree that Bending Spoons may reclaim the SwitchUp Numbers and/or discontinue availability at any time, without liability to you if you fail to make payments, your subscription expires or if Bending Spoons, in its sole discretion, believes you have violated these Terms.

Emergency Calls. SwitchUp Numbers cannot be used for 911 or emergency calling and you understand and agree that you should not rely on SwitchUp for 911 calling capability. You must make alternative arrangements to place 911 calls using your landline or the emergency line associated with your Device.

Voicemail Transcriptions. Your version of SwitchUp may include voicemail transcription capabilities. If so, by using SwitchUp, you acknowledge and expressly agree that Bending Spoons may transcribe or have transcribed by a third-party vendor and store or have stored by a third-party vendor, voicemail messages and to make such transcriptions available to you.

Call Data Retention. We make no guarantees that we will retain certain call data or message data such as calls, text messages, call recordings, voicemail, and transcriptions for greater than six (6) months, after which we may delete such data. If you want to retain this information, you should go to your App’s call details and share the information to your email or cloud storage account.

Reasonable Use. Bending Spoons may limit (including limiting the number of minutes for inbound and outbound calls and the number of messages using SwitchUp Numbers), modify, suspend, or take any other action regarding your use of SwitchUp, if it determines, in its sole discretion, that you are misusing SwitchUp and/or that your use of SwitchUp impairs Bending Spoons’ ability to provide SwitchUp to other users (e.g., unusually high usage of SwitchUp attributable to individual accounts). Bending Spoons will endeavor to notify users prior to suspending or terminating SwitchUp and to give users the opportunity to modify their use appropriately.

Additional Restrictions. In addition to the restrictions set forth herein, you agree that you shall not:

resell any SwitchUp Number;
use the SwitchUp App for call center operations;
use SwitchUp for making phone calls in any manner that violated any applicable law or regulations;
use SwitchUp for automated or robocalling, or for unsolicited marketing or consumer research communications; or
USE YOUR SWITCHUP NUMBER AS A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BE USED TO MAKE OUTBOUND CALLS, INCLUDING CALLING 911 OR ANY OTHER APPLICABLE EMERGENCY SERVICES.

Additional Limitations of Liability. You agree that Bending Spoons, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, any attorneys' fees) by, or on behalf of, you or any third-party user arising from (i) any attempt to dial 911 or make an emergency call using SwitchUp or a SwitchUp Number; and (ii) any communications or any content of any kind that you transmit through your use of SwitchUp.

Unsubscribing from SwitchUp. SwitchUp will instruct you to first cancel your subscription in order to properly delete your account. It is best to complete this process from your Device’s “settings” app since you likely signed up for SwitchUp through a Third-Party Platform; however, you can begin unsubscribing directly from within the App. In order to unsubscribe from SwitchUp purchased through the App Store, please open the “settings” app on your Device > tap on your name at the top of settings to access iCloud/Apple ID settings > tap on subscriptions (if you don’t see subscriptions, tap on iTunes & App Store instead. Then tap on your Apple ID > tap View Apple ID > sign in > scroll down to subscriptions > tap subscriptions) > choose SwitchUp and then tap on cancel subscription>confirm that you want to cancel your subscription to SwitchUp. In order to unsubscribe from SwitchUp purchased through the Google Play Store, please open the Google Play Store on your Device > tap on menu > tap on subscriptions > select SwitchUp > tap on the cancel subscription option.

Account Deletion. If you want to delete your account, please open the App on your Device > tap on settings > tap on account > tap on delete account > confirm you want to delete your account by tapping continue. You will be redirected to cancel your subscription with SwitchUp with the Third-Party Platform from which SwitchUp was purchased from. Once you unsubscribe, you will be able to delete your account by tapping on delete forever.

Please remember that simply deleting SwitchUp will not deactivate your SwitchUp account nor will it end your subscription. In order to cancel SwitchUp, you must go through the steps detailed above.

Privacy. To learn more about how SwitchUp collects, uses and discloses your personal information in connection with your use of SwitchUp, please read the Privacy Policy.

Support. For more information on SwitchUp, please visit SwitchUp support at https://support.bendingspoons.com/.

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