This document (the "Agreement") sets forth the terms and conditions that govern your use of the services offered by or through SpamKiller (the "App"). Your use of any of our services will constitute acceptance of this Agreement and will have the same legal effect as if you were providing a handwritten signature of acceptance.
SpamKiller offers you, among other things, information of nuisance calls (robocalls, telemarketers, etc.), to blacklist and whitelist specific numbers, and to receive detailed information about callers. This information may include a picture, map image, name, address, email, and other data. SpamKiller tries to provide the most accurate, current, and rich data available and to only block calls that are unwanted nuisance calls, but it makes no guarantees regarding the accuracy of the results it provides.
You agree to use the SpamKiller services only for purposes that are lawful. You shall not use this service to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or foreign law. Before recording any call, you should check the laws of your state in order to determine if you need the other party's permission to record a call. Even if your state only requires the permission of one party, you may receive calls from people located in states that require the permission of both parties to record a call. If you record such a call without the knowledge and permission of the other person, you may be subject to civil penalties or criminal prosecution in the other state.
SpamKiller's service leverages two technologies to help you block nuisance calls. In order to use the service, you must enable the Call Blocking & Identification Setting for SpamKiller in your iPhone’s Phone Settings. If you fail to do this, SpamKiller will not be able to identify and block nuisance calls from numbers on its global blacklist.
In order to use several of SpamKiller features, the service will also walk you through a process to adjust your phone's conditional call forwarding feature, which operates by forwarding all unanswered calls to a different number. To use SpamKiller services, you must configure your phone's conditional call forwarding service to redirect unanswered calls to our number. SpamKiller will then query its own and third parties databases to identify the caller (if that is possible) and provide you with additional information about the caller. You are solely responsible for any charges imposed by your mobile service provider for (i) using the conditional call forwarding feature, (ii) local or long distance usage, and (iii) text message and data usage.
SpamKiller provides a feature that provides you the ability to see the numbers that made blocked nuisance calls to you and stores any voicemails left by those callers. SpamKiller encourages you to check these numbers and messages regularly to ensure that you whitelist any legitimate phone number so that it will not be blocked in the future. The App also provides you the ability to create and modify a personal whitelist and blacklist. You can use the whitelist feature to ensure that a specific number is never blocked for you by the SpamKiller service. When you blacklist a number, the service will play your currently selected Answer Bot to the caller. You can add or remove users from your personal blacklist and whitelist at any time through screens on the App.
SpamKiller also offers a feature called "Answer Bots" that answers any nuisance call that SpamKiller has blocked on your behalf. After it answers the call, SpamKiller plays back to that caller a pre-recorded interactive message known as an "Answer Bot". If you turn on the Answer Bot feature, the App makes recordings of the conversations between callers and the Answer Bot. These recordings are stored in Recents. You can turn off Answer Bots through the settings screen on the App at any time. In addition, you can record your own Answer Bots to play to nuisance callers, or choose individual or random selections of Answer Bots to play to incoming nuisance callers.
The Answer Bot feature is provided for entertainment purposes only. You are solely responsible for your creation and use of Answer Bots and for ensuring that the calls comply with federal and state laws applicable in the states in which you and the calling party are located.
SpamKiller also requires access to your phone's contacts list, so that whenever your phone forwards a call we can check the number against your list to confirm instantly whether the caller should be sent to your native voicemail or should instead be sent to our Answer Bots. Only the numbers in your contacts list will be saved on our servers. We do not store on our servers any other personal information about your contacts, such as name, photo, or email address.
SpamKiller also offers you the option to post publicly any nuisance call recordings stored in Recents.
SpamKiller also requires access to your phones notifications settings during the setup and activation process. The service uses this access to modify your phones settings, so the App can notify you (either by text message or by on-screen notification) when it blocks a phone call and to inform you when a call recording is available. From time to time, we may also use the process to notify you of important updates or changes to the service.
SpamKiller recognizes the owner of the mobile phone number on the account as the sole owner of the account.
SpamKiller provides a FREE TRIAL period during which you can use all features of the service for a limited period of time. You can manage or cancel the trial subscription through your App Store account.
SpamKiller’s services are provided through the APP STORE on a paid subscription basis. SpamKiller's rates for services are listed in the App and on the App Store. SpamKiller reserves the right to modify its rates at any time and/or to offer special promotions. SpamKiller does not issue refunds for services. SpamKiller does not send invoices to its customers. Instead, you have confidential access to your account balance information through the App Store. If you have a billing dispute, you must contact the App Store to seek a remedy.
We may from time to time introduce new features to the service or modify or delete existing features. We will notify you of any new or modified features when they become available, as well as any new or modified terms of this Agreement. Any new or modified terms will become effective for your use of the service upon the earlier of (i) your use of a new or modified feature to which the new or modified term relates or (ii) the date of your next App Store bill payment.
You may discontinue service at any time by contacting the App Store. You will not be entitled to any refund of unused balances if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service. If you cancel the service, you must deactivate your account by following the instructions on the Apps Settings screen. If you fail to do this, you will not receive your voicemail messages and may experience other problems with your mobile phone service.
SpamKiller reserves the right, if it reasonably suspects that you are committing fraud or otherwise violating these terms of service, (a) to terminate this Agreement and your access to its services upon one (1) days electronic notice, (b) to refuse to allow you to recharge your account, or (c) to suspend your account immediately until further investigation takes place.
SpamKiller 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 spamkiller regarding any caller. spamkiller shall not be liable under any circumstances for any special, consequential, incidental, exemplary or punitive damages, or loss of profit or revenues, even if spamkiller has been specifically advised of the possibility of such damages. spamkiller is 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. spamkiller is not liable for any toll charges you may incur in using a local access number. spamkiller 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. spamkiller 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 spamkiller services in any country.
SpamKiller does not make any warranties of any kind, either express or implied, with regard to the merchantability, technical compatibility or fitness for a particular purpose of any service, products or material provided pursuant to this agreement. spamkiller also specifically disclaims any warranties of any kind, either express or implied, as to the accuracy of its blocking activities or any information provided by spamkiller regarding any caller or the legality of the use of any of the spamkiller services in any particular state or in any country other than the united states of america.
SpamKiller shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to: acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of SpamKiller.
You agree to indemnify, defend, and hold SpamKiller, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party information providers to the App, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, your use of the App or SpamKiller's services.
All disputes, claims, and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Paris, France. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys fees of the prevailing party shall be assessed against the party against whom the award is rendered.
By entering into this agreement, you consent to the receipt of electronic mail ("e-mail"), text messages, and customer service phone communication (including on-screen notifications) from SpamKiller regarding (a) the operation of the service and your account and (b) other services and products we believe may be of interest to you. You may opt out of future e-mails, notifications, and text messages about such products or services by contacting us by e-mail at firstname.lastname@example.org. You may not, however, opt out of receiving SpamKiller communications regarding important information relating to your account or this Agreement.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of SpamKiller (collectively "Marks"), including but not limited to "SpamKiller," are and shall remain the exclusive property of SpamKiller, and nothing in this agreement shall grant you the license to use such Marks without the express written permission of SpamKiller. SpamKiller retains ownership and all rights to the SpamKiller name, logo, software, databases, reports, website, and information. SpamKiller reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by SpamKiller. However, each individual user has the right to use the SpamKiller name on his, her, or its site to further promote the SpamKiller service to the Internet community.
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.
This Agreement, as modified consistent as provided herein, constitutes the entire agreement between you and SpamKiller 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 SpamKiller.
This agreement, and all modifications and amendments thereto, shall be governed by the law of the State of Paris, France, without giving effect to its conflicts of laws principles.
All communications and notices to be made or given pursuant to this Agreement shall be in the French language.