CallU End User License Agreement（EULA）
This is a legal agreement ("the Agreement") between MMcalls Tech. ("MMcalls" or the "Company" or "we" or "us" or "our" or other similar pronouns) and users ("You") of any services or features of CallU (hereinafter referred to as the "Software"), which are provided by the company. Please read the Agreement carefully and decide whether to accept it (a minor shall be accompanied by his or her legal guardian when accepting the Agreement). You are not allowed to download, install or use the software or related services unless you accept all the terms and conditions of this Agreement. By accepting the Agreement, you are consenting to, and agreeing to be bound by the terms of this Agreement. We reserve all rights not expressly granted to you.
Scope of License
MMcalls grants you personal, non-transferable and non-exclusive right and license to use the software on any mobile device that you own, provided that you accept all terms and conditions of the Agreement, including those updated or revised in the future (if any). Rights reserved: All other rights not hereby licensed still belong to MMcalls. You shall obtain separate written approval from MMcalls when using other rights.
Without the prior written consent of MMcalls, You may not and you agree not to:
(a) Reproduce the software in whole or in part;
(b) Sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the software;
(c) Undertake, arrange, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the software or any part or features (except the extent permitted by law);
(d) Remove, obscure or alter any copyright notices or other proprietary notices included in the software;
(e) Use the software or any part thereof for commercial purpose (including but not limited to any corporate website, government website, financial and educational institution website, business website, or other websites for earnings and profits), unless you have been licensed to.
The restrictions contained herein apply equally to any updates to the software that you may obtain. If you breach this restriction, you may be subject to prosecution and damages.
No Emergency Calls
It is important that you understand that the App is not a replacement for your mobile phone. The Services are not meant to and do not support or carry calls to emergency services of any kind. CallU will not be liable for any attempted emergency calls.
Consent to Use of Data
Charges and Payment
CallU's calling rates and charges are provided with in the App and are incorporated into this Agreement by reference. The rates and charges depend on several factors, including, but not limited to, location, user's location, and any current promotions that may be available. You are responsible for checking all applicable rates and charges prior to placing a call with the App. We may change the billing period or the rates and charges at any time by posting changes on the website. Any change that is required by law or governmental authority will be effective immediately.
Charges for calls are measured in whole minutes and fractions of a minute will be rounded up to the next whole minute. Timing of the call begins when the call is answered by your contact, including voicemail or an automatic reply. Timing of the call ends when the user hangs up or when CallU receives a signal that the call has terminated from the terminating carrier.
All calls are pre-paid. You may add to your account balance at any time through the App. When a call is charged against your account, we will charge against available balance purchased by you. You agree to pay for the rates and charges listed in App. You acknowledge that calls in progress may be terminated if your account balance is insufficient to cover the cost of continuing the call.
All rates and charges are reflected in U.S. dollar amounts and all payments must be made in U.S. dollars.
Amounts used are non-refundable. You acknowledge and agree that if we discontinue the services while your account is active, we are not obligated to refund you any of the prepaid amounts you purchase. Only make prepayments to your account if you believe that you will use the balance.
Prepaid amounts you purchase will remain credited to your account and will not expire so long as your account remains active. If your account expires, you acknowledge that we are not obligated to refund you any prepaid amounts purchased by you.
MMcalls reserves the right to amend this Agreement at any time by publishing the revised Agreement on the website. Your continued use of the software shall constitute your acceptance to be bound by the Agreement.
You may terminate your use of the software at any time by uninstalling and deleting the software from all of your devices. MMcalls reserves the right to terminate the Agreement and your use of the software at any time and for any reason or no reason at all. Upon termination of the Agreement, you shall cease all use of the software, and destroy all copies, full or partial of the Software. The provisions contained herein shall survive termination of this Agreement.
The Agreement does not grant you any rights in connection with any trademarks or service marks of MMcalls.
You expressly acknowledge and agree that use of the software is at your sole risk. To the maximum extent permitted by applicable law, the software is offered on an "as-is" basis and no warranty, either express or implied. MMcalls expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
To the maximum extent permitted by applicable law, in no event shall MMcalls, its affiliates, subsidiaries, parent companies, agents, partners, or employees be liable to you or any third party in any respect for any losses, liabilities, claims or damages of any kind, whether direct, indirect, incidental, consequential, special or punitive, or for loss of revenue or profits, loss of data, loss of business, or any other damages, arising out of or in connection with the software, the Agreement or the performance, suspension, termination or breach hereof, even if MMcalls or any other MMcalls party has been advised of the possibility thereof. MMcalls shall have no liability in connection with or arising from the Agreement or use of the software.
You agree to hold harmless and indemnify MMcalls, and its affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the service or the software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MMcalls will provide you with written notice of such claim, suit or action.
Choice of Law and Jurisdiction
The Agreement will be governed by and construed in accordance with the laws of People's Republic of China. Any claims, legal proceeding or litigation arising in connection with the software will be brought solely in people's court of the place where MMcalls is located, and you consent to the jurisdiction of such courts.