Appsverse Terms of Service


Updated Sep 18 2017

By using the Appsverse Apps, Phoner App service, Photon App and other related apps, you waive certain rights to participate in class actions and you agree to resolve disputes with Appsverse, Inc through binding arbitration (not in court and with very limited exceptions)

Appsverse Inc. (“Appsverse”, “our”, “we”, “us”) provides its apps and services (collectively known as “Services” or “services”) subject to the following Terms & Conditions which we reserves the right to amend from time to time. To use and access our apps and services, you must agree to the Terms of Services by you, your heirs and assigns (collectively , “you”) and are entering into a legally binding contract with us. If you do not agree to our Terms of Service, you should not use our apps and services.

When you use our apps and Services, you are subject to our privacy policies incorporated into this Terms and Services for your convenience. Any third party services or features provided through our Services, you agree to abide to the third party terms as well.

 

1.              Changes to the Terms of Service

We can choose and reserve the right to change all or portions of the Terms of Service at any time without notice to you. You agree to visit the Terms of Services periodically to keep abreast and updated on any changes. Any changes will be marked by an update to the last revised date. If you continue to use the service after any revised updates, it is deem that you have agreed to the new Terms of Services. You are responsible to check the Terms of Service regularly for any changes.

 

2.              Access and Use of the Service

 

    A.         Apps & Services Description: The Apps & Service allows users to browse the web, obtain temporary phone numbers for the purpose of communications via voice, SMS and SMS but are not limited to such mentioned service. Features also include number lookups, call recording, faxing and a number of other communication and social features. You agree that using any of our Apps & Services implies that you will abide by any local, national and international laws with regards to the usage. You may or may not require a cellular service to use our Services but you may be charged by your phone service provider for any minutes, texts and data that you may incur which Appsverse cannot be responsible for. The Service cannot be used for 911 or Emergency calling. You have to use your cell phone or landline service for 911 or Emergency calling. You agree that Appsverse, 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 any attempt to dial 911 or make an emergency call using the Service. You hereby waive all claims and causes of action against Appsverse, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using Appsverse Services..

 

    B.         Registration: You are required to register with Appsverse to access our Service. Your registration must be accurate, true, current and complete. Information such as address, phone number and others may be required based on our discretion and for using specific services like buying phone numbers from countries that require users to register with their real address. Your registration information is governed by our Privacy Policy. You are responsible for the safety of your login information and password and agree to notify Appsverse if the app was accessed without your permission. Appsverse will not be liable for any damages or loss caused by unlawful, unauthorized or any usage of the Service due to you losing your account information, hacks and failure to protect your account information.

 

    C.         13 years and above: You must be 18 years and above to use the Service or you have reviewed the Terms and Service with a parent or guardian and who have agree to the Terms of Service on your behalf and takes full responsibility for its compliance. You cannot use the Service if you are under 13 years old.

 

   D.        Changes to Service: Appsverse reserves the right to change temporarily or permanently, the Service in whole or in parts with or without notice. If the Service is modified, suspended or terminated, you agree that Appsverse will not be liable to you or any third party.

    E.     Storage of Data and Numbers: Appsverse is not liable or responsible for any deletion or failure to store any data, texts, numbers, conversations, lookups, recordings. Appsverse reserves the right to store or delete any data or content on our servers and we can choose to store any data as short or long as is needed and we can terminate or delete accounts and data when they are not used or inactive for an extended period of time determined by us. By using the Service, you agree that the collection, processing of your information, storage and any international transfer will be governed by our Privacy Policy.

    H. Payment Plans: Appsverse can choose to offer subscription plans for its app and services. These subscription plans pricing will be shown before you enter in your iTunes, Google Play or other payment information. If you subscribe to any plans, you acknowledge that these plans will auto renew every period such as monthly or yearly depending on the subscription plan you choose. The payment will be billed for the subscription either through your credit card or through your intermediary provider such as iTunes, Google Play, or a similar app store (the “AppStore”). All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods. Credit card payments are processed by a third party payment processor and if your credit card is not processed in a timely period for whatever reason, your subscription plan may end and the service associated with the subscription will terminate. You are still responsible for any past due amounts yet to be paid.

If you cancel your subscription, you are still able to use the Service till the end of the period as long as the subscription for that period has been fully paid for. You can choose to cancel your Subscription any time. We reserves the right to change or discontinue any aspect of the subscription plan with regards to pricing, recurring periods, free trials and others. Appsverse also offers payment plans that are non-recurring and not subscription based. Any credits offered by these plans are non refundable and credits used in texts, purchase of numbers, calling, call recording, faxes and other features requiring paid credits in the app are non refundable.

3.              Conditions of Use

 

A.    User Conduct:  You agree to use our Services responsibly and Appsverse is not liable for any damages whatsoever for any activities that you conduct through our Service. Appsverse does not permit illegal activities, unlawful, harassment, phishing and other damaging activities and we reserves the right to investigate and seek legal action against anyone using our Service for such purposes. These can include terminating, suspending and banning the use of your service and reporting you to law enforcement authorities. The following examples are prohibited activities but they may not be limited by the listed activities below:

You further understand and agree that you are solely responsible and liable for any consequences and effects of all calls, content, texts and other usage  of our service, you will notify us and assist us with any investigations that is conducted based on the information.

We are not obliged to monitor your use, access and content but have the right to do so to make sure that the Service is used appropriately and in compliance with all laws national and international. We also reserve the right to terminate or disable access to you or anyone that we think disrupt or damage the integrity of our Service.

B.    Law Enforcement:  You acknowledge that your use of the Service will not violate any laws whether local, municipal, state, national or international and the rights of any third party .You acknowledge that we are obliged to share and disclose information to law enforcement organization and government if required to so by law. We are not obliged to disclose affected users especially when the laws forbid us to do so.

 

C.    Reasonable Use Policy: If you use the Service in ways that does not constitute reasonable use and you generate high amount of usage not typical of individual pattern, abuse the service or generate unusually high volumes of call, texts, lookups or beyond reasonable normal use, Appsverse can restrict the use of your service, impose rate limits, terminate your account or any action that can help preserves the integrity of our service. Phone numbers are assigned for your use on a temporary behalf and does not mean that you are the owner of the phone number. Appsverse reserves the right to reassign or change the telephone number that is assigned to you and will not be liable for any damages whatsoever arising out of this change. Furthermore, any assigned numbers may not be guaranteed to be available and if they cease to be available, we reserve the right to reassign you a different number but  will not be liable for any damages or expenses as a result of the reassignment.

D.  Software Policies:  You agree not to distribute, license, perform, reproduce, copy, duplicate or create derivative work, resell or transfer the software for any commercial purpose including any portion of the Service and access to it. Any Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. By downloading the App or Software or the use of any Web based app,  you are using it as your sole risk and will obey all laws with regards to usage, online conduct and content. You will not copy, reverse engineer and hack any source code, API or binary as associated with the App and Service. The Service and Software may use third party content , APIs or software and we will not be liable for any such content or errors as a result of the use of this third party software. Any content created, held or transmitted through the Service will grant Appsverse and its Affiliates a nonexclusive, worldwide, royalty free, fully paid up and transferable rights for the purpose of enabling and operating the Service. If you infringe on any copyright as a result of the content, we reserve the right to terminate access to the Service and will not be liable for any copyright issue except to remove the content when an infringement is reported.

 

4.              Indemnity and Release

You agree to release, indemnify, defend and hold Appsverse and all its affiliate, officers, executives, employees, directors and any agents associated with Appsverse against any and all losses, liabilities and any damages including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of the use of Appsverse Service or Content in connection with using the Service or any violation of any law.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

5.              Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPSVERSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. APPSVERSE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY COMMUNICATION, LOOKUP, CALLS, TEXTS, RECORDINGS, BLOCKING, CONVERSATIONS PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

6.              Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPSVERSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APPSVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR CHANGE OF YOUR COMMUNICATION TRANSMISSIONS, ACTIVITIES OR CONVERSATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL APPSVERSE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID APPSVERSE  IN THE LAST ONE(1) MONTH, OR, IF GREATER, TWENTY DOLLARS ($20).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

 

7.              Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

 A.         Federal Arbitration Act.  The parties agree that this Terms of Service affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

B.             Initial Dispute Resolution: You can email support@appsverse.com to address any concerns you may have regarding the Service. Our customer service will try its best to resolve most issue and troubleshoot most problems with the service quickly to our customer’s satisfaction. Both parties will enter into a good faith negotiation to settle any dispute, issues, claims or disagreement in using the service before initiating a lawsuit or arbitration.

8.           Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability), the Service, any person’s access to and/or use of the Service, and/or the provision of content, products, services, and/or technology on or through the Service.  

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in San Francisco, California.

This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Appsverse, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Service (such as with respect to their validity or enforceability), and/or the Service, and/or any person’s access to and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service.

 

9.           Reporting issues, complaints and violations

To report any issues, complaints and violations, please contact us at support@appsverse.com



Photon VPN Terms of Service

    
The contract below outlines Photon VPN’s terms of service (“the Agreement”). By downloading, installing and using Photon VPN software and services (“the Services”) you agree and acknowledge that you have read, understood, and agree to be bound by all the terms of conditions of this Agreement in its entirety. This is a legal document. Our terms of service apply to all users of the Services, including users with paid accounts. APPSVERSE INC. reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If you do not agree to all the terms and conditions of the Agreement, you must discontinue your use of the Services, including disconnecting from Photon VPN service and uninstalling, destorying or deleting all copies of the Photon VPN software and configuration files created by Photon VPN software in your possession. 1. THE SERVICES APPSVERSE INC. provides the Photon VPN service by establishing a Virtual Private Network (“VPN”) connection when connecting to the Internet. The Services’ VPN utilizes a proxy Internet Protocol (“IP”) address (a “Proxy IP Address”). Connection to Photon VPN service may be through use of the Photon VPN Software or through other means of access such as by installing configuration files that provide access to the Photon VPN service. 2. LICENSE APPSVERSE INC. grants you a limited, non-exclusive, non-transferable right to use the Photon VPN software and service, subject to the terms and conditions of this Agreement. The Services are licensed, and not sold to you. All rights not expressly granted to you are reserved by APPSVERSE INC. 3. LICENSE RESTRICTIONS You may use the Services for personal purposes, and shall not: rent, lease, sell, sublet, loan, assign, or transfer the use of Photon VPN software and service or any of your rights and obligations under this agreement. You shall not use the Photon VPN software and service to: send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violate third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (v) attempt to gain unauthorized access to the Services or its related systems or networks. You shall not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Photon VPN software and service by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to circumvent any use restrictions; (d) modify or adapt the Photon VPN software and service, merge the Photon VPN software and service into another program or create derivative works based on the Photon VPN software and service; or (e) use, copy or distribute the Photon VPN software and service without APPSVERSE INC.’s written authorization. 4. USAGE You shall not use Photon VPN for any illegal or unlawful activity in any way, including scams, solicitation, phishing, money laundering, criminal activities and other activities deemed as harming or damaging to other parties. In the event that such illegal or unlawful activity is reported or detected, APPSVERSE INC. will not hesitate to terminate the service on behalf of the user as described in Section 9: SERVICE SUSPENSION & TERMINATION. 5. RECURRING PAYMENTS FOR SUBSCRIPTION SERVICE When you start a Free trial to Photon VPN’s paid service, Photon VPN may automatically begin a subscription to the paid service at the end of the Free trial. Upon subscription to Photon VPN’s paid service in connection with your use of the Services, Photon VPN will automatically renew your subscription to the paid service at the end of its initial term and at the end of each term thereafter. The renewal term will be for the same period of time as the initial term. This period of time is known as the Subscription Period. At the conclusion of each subscription term, you will automatically be billed for the Photon VPN paid service for a renewal subscription term lasting a period of time equal to the Subscription Period. The Photon VPN paid service subscription is non-refundable except as expressly set forth in this Agreement. Taxes may apply on the subscription fee. You agree to pay for the subscription that you select for the paid service and you authorize us to automatically charge the payment method our service provider has on file for your recurring payments. If the payment mechanism (such as a credit card) we have on file for you is declined for payment of your Paid Service subscription fee, we may retry the payment mechanism at the same or lower rate. If we do not obtain payment, your paid service subscription will be canceled. You are responsible to canceling your subscription regardless of whether you receive any notice from APPSVERSE INC about the renewal of that subscription. In the event that your payment mechanism expires prior to the renewal date of your subscription, you are responsible for updating a new payment mechanism before the renewal date of your subscription to the Paid Service. To the fullest extent permitted by law, APPSVERSE INC makes no representations or warranties about the continued availability of any particular form of payment method made available for use with the Service. You understand your paid service subscription will automatically renew periodically and you authorize us to collect the then-applicable paid service subscription fee plus any applicable taxes, using any payment method we have on record for you. Once you have cancelled your automatic renewal, recurring subscription fees for Photon VPN paid service fees will no longer be charged to the payment method we have on file for your account, and your subscription will remain active only until the end of the term for which you have fully paid the Photon VPN paid service fee. Photon VPN currently uses third-party payment processors for electronic commerce. Our third-party e-commerce payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may, but are not required to, pay certain fees at our sole discretion. To the fullest extent permitted by law, Photon VPN disclaims all liability with regard to any fees or problems you have with third-party payment processors. 6. MODIFICATION OF THIS AGREEMENT APPSVERSE INC reserves the right, at our discretion, to make non-material changes to this Agreement at any time. Please check this Agreement and any guidelines notified to you by APPSVERSE INC periodically for changes. 7. PRIVACY All information provided by Users is collected, used, maintained, shared and destroyed in accordance with APPVERSE INC.’s Privacy Policy, available here; INSERT LINK. By using the Services, you consent to our Privacy Policy. 8. CONTENT RESTRICTIONS You may not (and may not allow a third party to): Copy, reproduce, capture, reproduce, store, retransmit, distribute, or burn to cd (or any other format) any copyrighted content that you access or receive while using the Photon VPN service. You shall assume all risk and liability for any such prohibited use of copyrighted content. 9. OWNERSHIP AND PROPRIETARY RIGHTS The Photon VPN software and the service are owned and operated by APPSVERSE INC. All Photon VPN graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of APPSVERSE INC. Photon VPN’s trademarks may not be used in connection with any product or service without the prior written consent of APPSVERSE INC. Photon VPN’s images and icons may be used by third party sites in connection with providing appropriate links to the Photon VPN website. 10. SERVICE SUSPENSION & TERMINATION You agree that APPSVERSE INC., in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Services at any time. APPSVERSE INC. may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, for any amount of time, with or without notice. 11. DISCLAIMER OF WARRANTIES APPSVERSE INC. makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. APPSVERSE INC. does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components. The Services provided by APPSVERSE INC. is on an “as is” “as available” basis without warranties of any kind, either expressed or implied, including without limitation, any implied warranty, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by law. You expressly agree that use of the Services is at your sole risk. 12. LIMITATION OF LIABILITY In no event shall APPSVERSE INC. be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of APPSVERSE INC., for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to APPSVERSE INC. in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim. 13. RELEASE AND INDEMNITY You hereby expressly and irrevocably release and forever discharge APPSVERSE INC., its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services. You hereby agree to indemnify and hold harmless APPSVERSE INC., its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.