Last update: Jul 26, 2020
Your use of this website, and/or our Services implies the acceptance of this Terms of Services. Please, read these Terms and Conditions of Our Services (“Terms” or “Terms Of Service”) carefully before using the internet website https://MetaCall.io and its subdomains (“Platform”).
Your access or your use of our Platform or Services is conditioned to your acceptance and compliance of this Terms of Service. By using the internet website https://MetaCall.io (our “Platform”) or the services offered in it (our “Services” or “Service”) you are agree to be bound by all of the Terms below, without exception. This Terms apply to all visitors and users and who access our Platform or use our Services. Your use of our Platform or Services gives you the condition of User (“User”). If you do not understand some of the terms or you do not fully agree with them, you must not use our Service nor our Platform. This Terms of Service are available online at https://metacall.io/terms-and-conditions
It is your only responsibility to read and understand all the terms each time you want to use our Services and/or our Platform
The Platform and the Services are operated by the ownership of MetaCall OÜ (“Owner”) as a Private limited company (ID: 16007228) with residency at Harju county, Tallinn, Lasnamäe district, Lõõtsa tn 5-11, 11415, Estonia.
The use of our Platform and/or our Services are also subject to our Privacy Policy and Cookies Usage (available online at https://metacall.io/privacy-policy), which is incorporated herein by reference. Your acceptance of our Terms of Service includes also the acceptance of our Privacy Policy and Cookies Usage (available online at https://metacall.io/privacy-policy).
In our Privacy Policy you will find information about how we collect and use personal information about our users and visitors.
You also acknowledge and agree that transmission of information over the Internet can`t be guaranteed as 100% secure and private, and exists risks that the information you send or receive may be intercepted by non-allowed third-parties even if these communication is encrypted. You know that risk and you agree to do not make any claims to the Owner in case of hacks of our Services or Platform or in case of unauthorized access of personal data.
We do our best to protect our systems (including Platform and Service and User`s Personal Data) from malicious attacks and unauthorized access. We use encryption to protect some of our stored data, like user`s passwords in conjunction with other preventions to reduce risks and minimize potential damages. Despite all this, we can not guarantee 100% protection against third-party attacks trying to take advantage from exploiting vulnerabilities in our system. You agree to do not make any claim to the Owner in case of security vulnerabilities exploited by third-parties.
We use third-party services to provide our Services and give you access to our Platform and made possible to use them. Also, our Platform and our Services may contain links to third-party websites.
These third-party websites, applications or services are not owned or controlled by the Owner. The Owner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or services. You further acknowledge and agree that the Owner shall not be responsible or 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 such content, goods or services available on or through any such websites,applications or services of a third-party. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites, applications or services that you visit or use.
For this reason, you agree that the use of our Platform or Services will include the use of third-party applications that are developed or owned by a third-party of which we don`t have control. Your use of such third party applications, websites and services is governed by that party`s own terms of services and privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.
In a non-limitative and expository way: In addition to our own Terms of Service and Privacy Policy you are agree with all of the next Terms of Service and Privacy Policies of our providers:
(i) Terms of Service of Google (available at https://policies.google.com/terms-and-conditions.html?hl=en);
(ii) Privacy Policy of Google (available at https://policies.google.com/privacy-policy.html?hl=en);
(iii) Terms of Service of Google Analytics (available at https://www.google.com/analytics/terms-and-conditions.html/us.html);
(iii) Terms of Service of Stripe (available at https://stripe.com/us/legal);
(iv) Privacy Policy of Stripe (available at https://stripe.com/us/privacy-policy.html);
(v) Legal Terms of Amazon Web Services (all of them available from https://aws.amazon.com/legal/);
(vi) Legal Terms of Mailchimp (all of them available at https://mailchimp.com/legal/);
(vii) Others that may apply;
Our Services that are offered to the User may have additional costs and terms which are specified clearly before contracting them.
The fulfillment of the forms of our Platform to receive more information imply the creation of an account for the User in the future. If the form fulfilled is the form on which the user request early access to our beta version. By the fulfillment of any form in the Platform or by contacting us directly through any other kind of communication channel (email, social media, …) may result in the sending of commercial information to your mail inbox about our Services. You agree to receive this information that you are requesting with the use of our Services.
The Owner respects the intellectual property rights of third-parties and is in his own right to expect that the Users do the same with his Intellectual Property and content under Copyright.
We put a lot of effort into creating the Services and the Platform, including, the logo and all designs, text, graphics, pictures, information and other content. This property is owned by us or our licensors and it is protected by national and international copyright laws.
Unless we expressly state otherwise, you can not: (i) publicly performing or publicly displaying our Services or our Platform; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Services and you could be sued for infringing the rights of the Owner.
In accordance with the laws about Copyright, the Owner has adopted a policy of terminating or blocking, in appropriate circumstances and at our sole discretion, the accounts or access of users who are deemed to be infringers of his rights. The Owner may, at his sole discretion, limit access to the Platform and Services of any users who infringe any intellectual property rights of the Owner or other third-parties, whether or not there is any repeat infringement. The Owner will not be held responsible for any copyright infringement of third-parties while using the Services or the Platform.
If you consider that some content of the Platform or Services is infringing the Intellectual Property rights of some entity or person, please contact us providing your email address, full name, telephone number and postal address, attaching a list identifying the works that infringes Copyrights, details and solid proofs about these infringements, identifying yourself as the affected directly by these infringement or indicating that you believe that a third-party (not you) is affected and high-quality photography of your national identification document or passport.
This Terms of Service could be modified at any time without prior notice by updating or replacing this notice. The changes in the Terms will take immediately for new Users and visitors and will take effect 30 days after the communication of the modification for previously existing users. By continuing to access or use our Services after those revisions/modifications become effective, you agree to be bound by the revised/updated terms. If you do not agree to the new terms, you should stop using our Services and close your account before the revised/updated Terms apply. The use of our Services or our Platform after these modifications imply the acceptance of the newest version of our Terms of Service.
We will notify to our users and visitors of the changes in our Terms by one or multiple ways of the next list:
(i) Sending an email notifying that the terms has changed;
(ii) Adding a badge or tag in the Platform aside our Term`s hyperlink indicating that has been updated;
(iii) Other ways accepted by Law;
(i) NOTIFICATIONS: Any notification made by email or by the Platform to the User should be considered as sufficient and effective. The user can notify to the Owner any legal requirement sending a letter to his postal address specified in this document. Also any other methods accepted by law are allowed.
(ii) We can not guarantee that all the time our Platform, Services and content of them will be perfectly reliable and updated all the time. They could present errors or being unavailable for some time. The Owner can not be held responsible for any kind of errors or unavailability of the Service, the Platform or his content;
(iii) The Owner don`t endorses user`s statements and will not be responsible for the statements made by third-parties, including users or visitors.
(iv) The use of our Platform or Services is only allowed to adults. Use is prohibited for minors/underage.
(v) The User promises to use our Platform and Services respecting all the laws and third-party rights.
(vi) Veracity of the information: All the information provided by the User through the Platform or the Services must be truthful. For these purposes, the User guarantees (and is responsible for) the authenticity of all data communicated as a result of contacting the Company by any means, including email, telephone or social networks as well as filling in the forms in the Platform. Likewise, it will be the responsibility of the User to keep all the information provided to the Owner permanently updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for the false or inaccurate statements made and the damages caused to the Owner and / or third parties for the information provided.
(vii) CREATING ACCOUNTS: When you uses your email to log in, create an account or fulfill a form in our Platform or use our Services, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service. If you discover or suspect any Service security breaches, please change your password and let us know as soon as possible.
(iix) THE SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES OR THE PLATFORM ARE PROVIDED TO YOU ARE IN EXPERIMENTAL STATE AND ARE PROVIDED WITHOUT ANY GUARANTEES, ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. IN NO EVENT WILL THE OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO THE OWNER. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(ix) You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and the Owner regarding our Services and Platform, and supersede and replace any prior agreements we might have between you and the Owner regarding to the Service or the Platform.
Except for any mandatory application of local law, any action related to these Terms shall be governed by the law of the Tallinn, Europe, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Tallinn, Estonia, Europe for the resolution of all disputes arising or related to these Terms and/or your use of our Platform.
If you have any questions or suggestions about our Terms or you want to exercise your rights you can send us an email to contact@metacall.io