Terms of Use — Indyctor

INDYCTOR TERMS OF USE

Please read the terms and conditions in this End User License Agreement (“Agreement”) carefully: they govern our relationship with you in relation to your use of the Indyctor Application referred to in this Agreement and contain important information about your rights and obligations. By accessing or using the Indyctor Application, you agree to be bound by this Agreement as may be modified from time to time. If you do not want to be bound by this Agreement, you must not access or use the Indyctor Application.

The Indyctor Application is not a replacement for your primary telephone service and does not provide access to emergency services. You cannot use the Indyctor Application to make calls to emergency services. However, you can continue to use your mobile device to make calls to emergency services via your mobile operator as normal.

This Agreement and our policy sets out the terms and conditions under which respectful owner of the Indyctor Application (“Indyctor” or “we” or “us” or “our”) licences to you the Indyctor Application. We reserve all rights not expressly granted to you under this Agreement. In this Agreement, “you” and “your » means the individual end user, accessing the Indyctor Application.
You do not have the right to cancel this Agreement once you have begun to use the Indyctor Application. Nothing in this section affects your non-excludable statutory and legal rights.
We are the owner of the copyright, trade secrets, trademarks and any other intellectual property rights including all related software and underlying source code which subsist in the Indyctor Application and all copies thereof. Title to and ownership of the Indyctor Application shall at all times remain vested in us. You accept that the Indyctor Application contains confidential information that is our property. You agree and acknowledge that we shall own the intellectual property rights to any modifications of the Indyctor Application.
Subject to the terms and conditions of this Agreement, we grant to you a non-exclusive, revocable, personal, non-transferable license to use the Indyctor Application without any right to sub-license. You will not sell, sub-license, lease, rent, loan, lend, transmit or otherwise distribute or transfer the Indyctor Application in any manner to third parties. The license granted hereunder is limited to use of the Indyctor Application on a mobile device that you own or control.
You undertake not to reverse engineer, decompile, disassemble, or attempt to derive the source code of the Indyctor Application or any updates thereof and you will not adapt, alter, modify, upgrade, enhance or create derivative works of the Indyctor Application or any updates thereof.
You will not reproduce or copy any part of the Indyctor Application and you will not disclose to any third party the Indyctor Application or any part thereof without our prior written consent. The Indyctor Application is provided to you for your own personal use only and you will not resell or in any way re-supply the Indyctor Application to others.
The terms of this Agreement will govern any upgrades provided by us unless such upgrade is expressly stated to be subject to a separate license agreement.
You agree to use the Indyctor Application strictly in accordance with this Agreement and any instructions issued by us from time to time. You have sole responsibility for any content or data which you transmit via the Indyctor Application. You agree not to not use the Indyctor Application in contravention of any applicable local, state, national or international law, regulation or code of practice. In case we have reasonable grounds to suspect improper use of the Indyctor Application we shall have the right to suspend or terminate your user account and refuse any and all current or future use of the Indyctor Application.
Unless expressly provided elsewhere in this Agreement, upon termination of your account, all unused credits shall expire in their entirety and no refund or proration shall be made for any unused credits.
User account, including prepaid or service data, is connected to the external identifier like Google ID, Apple ID or any other authentication token which might be added (“ID”). You are solely responsible for any charges incurred using your Indyctor Application user account and you must keep your handset and the access to your ID private. You are responsible for the security of your user account and for all activities that occur in connection with your account.
The amount of time available for the certain calls is calculated based on the real telephone connection costs. We reserve the right to adjust the amount of calling time in accordance with international calling costs changes at any time without notice. If you do not wish to accept such change in call durations, you can terminate your account with effect from the date on which the rate change would become effective. By continuing to use the Indyctor Application following any call duration change, you accept such change.
Because some mobile network operators may prohibit or restrict the use of Voice over the Internet Protocol (“VoIP”) functionality over their network, such as the use of VoIP telephony over a mobile network, and may also impose additional fees or other charges in connection with VoIP, you must prior to use of the Indyctor Application ensure that the terms of agreement with your operator do not prohibit or otherwise restrict use of the Indyctor Application over such operator’s network. You are responsible for all data and other charges imposed by your operator or Wi-Fi provider which may be incurred when using the Indyctor Application. You further understand that the costs of data connectivity services when using the Indyctor Application may rise significantly when roaming internationally and that you are solely responsible for all charges in connection with your use of the Indyctor Application. We are not liable for these or any other costs you may incur by using your operator’s or other third-party services. You must comply with all applicable third-party terms of agreement to ensure that you will not be in violation of the terms of agreement with your mobile operator when using the Indyctor Application.
You warrant and represent that you have the necessary rights to install and use the Indyctor Application and you will indemnify and keep us, our affiliates, agents, partners and officers, fully and effectively indemnified on demand from and against all actions, claims, losses, liability, damages, costs and expenses (including legal costs and expenses) suffered or incurred by us, our affiliates, agents, partners and officers and arising directly or indirectly out of your use of the Indyctor Application.
You agree that the Indyctor Application is provided “as is”, and that we do not provide any guarantee, warranty or assurance that the Indyctor Application will operate continuously or without interruptions or be error free or meet your requirements or that defects in the Indyctor Application will be corrected. Accordingly, we do not accept liability for unavailability or the timeliness, deletion, miss-delivery or failure of the Indyctor Application. You assume full responsibility and sole risk for your use of the Indyctor Application. To the maximum extent possible, no warranties or terms implied by applicable law, including without limitation those relating to satisfactory quality, performance, fitness for purpose, quiet enjoyment and non-infringement of third party rights shall apply to the subject matter of this Agreement. In entering into this Agreement, each party acknowledges that it does not do so on the basis of, and does not rely on any representation, warranty, condition or other provision except as expressly provided in this Agreement and we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Indyctor Application to the fullest extent permitted by law. Should the Indyctor Application be defective, you will assume the entire cost of all necessary servicing, repair or correction to any hardware or software used in conjunction with the Indyctor Application. We shall not be responsible for operation of the Indyctor Application other than on hardware approved by us and in conjunction with the operating environment designated for the Indyctor Application. The limitations and exclusions in this section do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
We make no representation that the Indyctor Application is permitted or available for use in any particular location. To the extent you choose to access the Indyctor Application, you do so at your own risk and you are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
We may add, change, remove or discontinue any aspect of the Indyctor Application at any time. In the unlikely event that we make any changes which are materially detrimental to you, you may terminate this Agreement on written notice and you may be entitled to a refund of any unused prepaid amount representing the period following the termination date. If you use the Indyctor Application after any changes take effect you will be bound by the changes and you shall have no right to terminate this Agreement on the ground of the changes made.
This Agreement may be terminated at any time by us or by you. We may suspend or terminate your Service at any time acting reasonably, if you fail to make any payment when it becomes due or any fraudulent or prohibited activity. Your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any term of this Agreement.
Immediately on termination of this Agreement, you will cease all use of the Indyctor Application and will delete the Indyctor Application.
We may suspend or terminate the Indyctor Application and this Agreement if directed to comply with an order, instruction or request of any law enforcement, government or other competent authority.
You may use the Indyctor Application for lawful purposes only and in accordance with such instructions as notified by us from time to time. You are responsible for all activity and usage of the Indyctor Application and for any breaches of this Agreement that may result. You must ensure that the Indyctor Application is not used, whether by you or by anyone else, for any unlawful or fraudulent purposes. In particular, you will not use the Indyctor Application:
(i) in any way that breaches any applicable local, national or international law or regulation;
(ii) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material (spam calls);
(iii) in any way which we reasonably consider to be abusive or inappropriate; or
(iv) in any way which we reasonably consider is likely to affect the quality of the Indyctor Application or any other application provided by us.

You must not use the Indyctor Application to transmit, view or otherwise use any material which is defamatory or libelous; obscene, offensive, hateful, inflammatory or otherwise criminal in nature; contains sexually explicit material; promotes violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right, trade mark or other intellectual property right of any person; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; is threatening, abusive or invades any person’s privacy; is likely to harass, upset or alarm any other person; is used to impersonate any person, or to misrepresent your identity or affiliation with any person; gives the impression that they emanate from us, if that is not the case; or advocates, promotes or assists any unlawful act such as (without limitation) copyright infringement or computer misuse.
You agree that we may collect and use personal information and technical data and related information, in accordance with Indyctor Privacy Policy.
We may amend this Agreement from time to time and post the new version on our website and update the Indyctor Application following which all use of the Indyctor Application will be governed by the revised version. You must check the terms of this Agreement accessible from our website from time to time to review them. We shall update the “Last modified” date in the event of a change to this Agreement. If you use the Indyctor Application after the “Last modified” date you will be bound by the changes and you shall have no right to terminate this Agreement on the ground of the modifications made.
We shall not be liable for any failure to perform any obligation to the extent such failure is due to causes beyond our reasonable control.
We may assign, transfer, novate or subcontract any or all of our rights and obligations under this Agreement at any time.
The termination of this Agreement however arising shall not operate to affect such of the provisions of this Agreement as are expressed to operate or have effect after then and shall be without prejudice to any accrued rights or remedies of the parties.
Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
If any provision of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the others and shall be deemed deleted.
Any notice which may be given by either party shall be deemed to have been given if sent by email transmission to an email address notified by the other party in writing as an address to which notices may be sent.
This Agreement represents the entire agreement and understanding of the parties in relation to the subject matter hereof and supersedes all prior understandings and representations, whether written or oral.

Last modified on 24.08.2023