Call - Terms | radpony.com

THE AGREEMENT

Your agreement with RAD PONY APPS – FUN APPS FOR FREE PTE. LTD. consists of (1) these Terms and Conditions (the "Terms"); and (2) the current price list published on the App. The two components are collectively, the "Agreement". By subscribing to, using, downloading the App or paying for the Services (as defined below), you agree to the prices, charges, terms and conditions in this Agreement. If you do not agree to these prices, charges, terms and conditions, do not use the Services. This Agreement applies if you have subscribed or downloaded the app Tape It - Phone Call Recorder (iphone app or android app) (the "Services" and the "App", respectively). Rad Pony Apps reserves the right to change the Terms at any time.

1. Services

The App offers you, among other things, the ability to make local or international calls. The calls are made using VOIP. The Services are provided on a pre-paid basis that can be bought with apple in app purchase (from the app), or google checkout.

1.1. Acceptance In its sole discretion, Rad Pony Apps may accept or reject your order for Services for any lawful reason. Before activation of any Service, Rad Pony Apps may check your credit, verify your identity, charge a deposit, prepayment or other fee to establish or maintain Services, or require that you execute any authorisations and verifications it deems necessary. For any number of reasons, the Services may not be activated immediately.

1.2. Credit Limits and Deposits

If Rad Pony Apps bills you for the Services and we determine that you may be a credit risk because of (1) fraudulent or abusive use of any Services; (2) late payments for current or prior bills; or (3) high volume usage of the Services (each a "Credit Risk"), we may require a deposit (or an advance payment as permitted by state law) to ensure payment for the Services. If you fail to pay for the Services when due, Rad Pony Apps may use the deposit to pay your balance without giving notice to you. Similarly, Rad Pony Apps may set a credit limit. If you exceed the limit, Rad Pony Apps reserves the right to restrict your access to the Services, and will provide notice of such restriction as soon as reasonably practicable. Rad Pony Apps also require that you pay its charges in less than the standard 21 days from the invoice date, by using the payment method provided by you.

1.3. Cancellation of Service by Customer

If you want to cancel your Service simply uninstall the app from your phone or email us.

1.4. Restrictions on Use of Service

The Services cannot be used in an unlawful, fraudulent or abusive manner.

If you do not use your credit balance within six (6) months from the date of purchase, you will lose the balance remaining on the card.

You affirm that you are over the age of 18, as the Services are not intended for children under 18.

1.5. Discontinuation of Services by Rad Pony Apps

Rad Pony Apps may immediately discontinue or otherwise limit your use of the Services without notice if (1) Rad Pony Apps has reasonable grounds to believe that you have used the Service in an unlawful, fraudulent or abusive manner, (2) you fail to pay for the Services, (3) Rad Pony Apps determines that you are a Credit Risk, (4) you refuse to pay a deposit or adhere to a credit limit, required by Rad Pony Apps to reduce your Credit Risk, (5) you fail to provide information, or provide false information, that is essential for billing, (6) you have breached this Agreement and (7) you have acted in a manner that is threatening, obscene, harassing, or abusive to Rad Pony Apps personnel (each, "User Default "). The discontinuance of the Services by Rad Pony Apps does not relieve you of any obligation to pay Rad Pony Apps for charges due and owing for Services furnished up to the time of discontinuance. Without derogating from any of the aforesaid, Rad Pony Apps may reject your order for Services if it has reasonable grounds to believe that you are expected to cause a User Default.

1.6. Unauthorized Use

You agree and understand that you are responsible for maintaining the confidentiality of the passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Rad Pony Apps for all activities that occur under your account. You are responsible for preventing the unauthorized use of the Services, and you are responsible for payment for any such unauthorized use, and for any and all damages caused by such unauthorized use.

You must notify Rad Pony Apps at contact@radpony.com of any known or suspected breach of security, including theft, loss, or unauthorized disclosure of your password or credit card information, or unauthorized access or use(s) of your account, or any known or suspected.

2. Call Records

2.1. You can access your call records from inside the application

3. Rates

Rates may vary. Rates are the rate set forth for each specific plan and/or specific destination based on Rad Pony Apps tarif price list publish on the app itself. All calls are billed in 30-seconds increments and rounded up unless otherwise stated. For each answered call, billing begins only when connection with the destination occurs and ends when the caller ends the call.

The Apps uses internet connection to make the calls. Your phone company(3g) or a wifi access point may charge you for using the internet.

4. Rate changes and Billing

4.1. Notice of Rate Changes

Rad Pony Apps may change the per-minute and other terms of the Agreement from time to time. Rad Pony Apps may decrease or increase per-minute rates, without providing advance notice. Rad Pony Apps will post the rates directly on its app.

4.2. Billing Errors

Billing errors may occur. If you have been undercharged, we, in our sole discretion, may change your credit to match the amount for which you were incorrectly not charged.

4.3 Disputes

Disputes concerning any charges must be raised within 30 days of the payment date. Disputes may be raised by emailing us to contact@radpony.com. Any charges not disputed within 30 days of the invoice date will be considered accepted. If after an investigation Rad Pony Apps determines that the disputed amounts are in fact due, Rad Pony Apps will require payment and, if necessary, may refer the account to a collections agency for collection.

5. Privacy Statement and Policies

Rad Pony Apps recognizes and respects the privacy expectations of its customers and makes significant efforts to protect the privacy of its customers. The following must be read and assented to for you to use our Services. By using the Services, you are stating that you have read and are agreeing to the following:

5.1. Customer Privacy

Rad Pony Apps is the sole owner of the information collected in the provision of the Services. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.

5.2. Information Collected

Rad Pony Apps can collect information from our users at several different points in the provision of the Services. We collect, retain, and use information about you for the purpose of administering our relationship with you. In order to administer our relationship with you, it is necessary for you to provide certain information upon using portions of our Services. Such information includes your name (either your name, company, or organizations name), address, phone number, e-mail address, and other information gathered through the applicable process.

5.3. Information Automatically Placed On Your Hard Drive (Cookies)

In order to provide the Services, we may require that a cookie be transferred to your computer's hard disk for record keeping purposes. Cookies allow you to access our site and/or Services easier by storing your password on your computer so that you do not have to enter your password each time you log onto our site. To gain access to our website, the Apps and/or Services, your computer must accept Cookies.

5.4. Non-Personally-Identifiable Information Collected Automatically (IP Addresses)

We collect IP addresses. Collection of IP addresses allows us to monitor fraud on our site and Services.

5.5 E-mail

Note: E-mail sent to Rad Pony Apps may be used to answer questions, to follow up on questions and/or to improve the level of service provided to users. E-mail is not secure and is subject to interception by unauthorized individuals. If you wish to send personal or sensitive information, it should be sent by postal mail or phone via customer service.

5.6 Security

We maintain security measures to protect your information from loss, misuse and alteration of information under our control. Our site employs SSL 128 bit encryption when private information is passed from you to us. The level of encryption you ultimately obtain is dependent upon your browser's capabilities.

If you have any questions about security at our web site, please send an email to contact@radpony.com

5.7 Sharing of Information to Rad Pony Apps Employees

Within Rad Pony Apps, the disclosure of customer information to employees will be made for business purposes only on a need to know basis.

5.8 Third Parties

If any personal information, about you or your use of the Services, is collected by us, it is hereby agreed that: (a) to the extent required under applicable data processing laws and regulations, such information will be stored in Rad Pony Apps data base and will be used in accordance with such applicable laws and regulations; and (b) certain such information may be disclosed without your prior consent and without any liability to you or any third party, to the extent necessary or appropriate (i) to comply with applicable laws or in legal proceedings where such information is relevant; or (ii) to protect and defend the rights or property of Rad Pony Apps or enforce or further the application or intent of these Terms.

5.9 Consent to Monitoring

Rad Pony Apps is under no obligation to monitor the information residing on or transmitted to its server of the Apps. However, anyone using the Service agrees that Rad Pony Apps may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. Rad Pony Apps reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these Terms.

5.10 Feedback

Should any user of the Service provide Rad Pony Apps with feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively "Feedback"), such Feedback shall be deemed to be no confidential and Rad Pony Apps assumes no obligation to protect such Feedback from disclosure. The submission of such Feedback to Rad Pony Apps shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Rad Pony Apps for any purpose whatever and Rad Pony Apps shall be free to reproduce, use, disclose and distribute such Feedback to others without restriction.

We continually strive to maintain accurate and complete information about our users, members, customers, and clients. If you believe that information is inaccurate or incomplete, you should notify contact@radpony.com with concerns and the accurate information. We will use reasonable efforts to correct the incorrect information.

6. Users Conduct

Any unauthorized commercial use of the Services, is expressly prohibited. You agree to abide by all applicable local, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including the content of any transmissions through the Services. By way of example, and not as a limitation, you agree not to:

(a) Create a false identity mobile phone header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

(b) Transmit through the Services, associate with the Services or publish with the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

(c) Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

(d) Libel, defame or slander any person, or infringe upon any person's privacy rights;(e) Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

(f) Engage in any other activity that Rad Pony Apps believes could subject it to criminal liability or civil penalty or judgment.

If you believe that material located on or linked to by Rad Pony Apps website or the Apps violates your copyright, you are encouraged to notify Rad Pony Apps. Rad Pony Apps will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Rad Pony Apps or others, Rad Pony Apps may, in its discretion, terminate or deny access to and use of the Services. In the case of such termination, Rad Pony Apps will have no obligation to provide a refund of any amounts previously paid to Rad Pony Apps.

7. Proprietary Rights

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics, services, logos, information, documents or other material presented on the Rad Pony Apps website and the Apps, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

All Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Rad Pony Apps prior written consent.

Rad Pony Apps grants you a non-exclusive, non-transferable and limited right to access and display to the Content, and/or to reproduce and/or distribute such Content solely for internal, non-commercial use thereof. This permission is conditioned on your not modifying the Content, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of these Terms. Rad Pony Apps does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

8. Third Party Content

Rad Pony Apps is linked to by other Internet sites and resources. Any access to third party content is made at your own risk. Rad Pony Apps is not responsible for the content or is in any way associated with these third parties. All inquiries regarding the linking sites should be directed to those sites. We may provide links to other web sites that we think may be of interest to our users. By providing links, we are not endorsing the materials and content disseminated at those web sites, and we are not responsible for the materials and content at any other site.

9. Liability

9.1. Disclaimer

USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS THAT MAY BE PROVIDED IN THE COURSE OF PROVISION THE SERVICES, ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. RAD PONY APPS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, RAD PONY APPS MAKES NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD THE APPS OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

9.2 Limitation of Liability

IN NO EVENT WILL RAD PONY APPS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SERVICES OR ANY USE OF THE APPS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED IN CONNECTION THERETO, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF RAD PONY APPS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Without derogating from the generality of the aforesaid: (a) you agree that Rad Pony Apps should not be responsible for any third-party claims against Rad Pony Apps that arise from your use of the Services; (b) Rad Pony Apps will not be liable for any damages if Services are interrupted, or there is a problem with the interconnection of Rad Pony Apps Services with the services or equipment of some other party; (c) Rad Pony Apps will not be responsible for customers mistakably using direct international calls instead of going through Rad Pony Apps services to obtain international or national calls.

If you are dissatisfied, your sole and exclusive remedy under this Agreement is to discontinue use of the Services. Since some states/jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and limited to those expressly provided for in this Agreement.

9.3 Indemnity

You agree to defend, indemnify and hold Rad Pony Apps, its officers, directors, employees, agents, subsidiaries, customers, partners, Suppliers, and affiliates (the "Indemnified Parties"), from and against any and all liability, costs, and settlements, including, without limitation, reasonable attorneys' fees and accounting fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of this Agreement by you or any user of any account assigned to you, whether such user is authorized or unauthorized. Rad Pony Apps will promptly provide notice to you of any such claim, suit, or proceeding and, at your expense, will reasonably cooperate with you in your handling of such matter.

9.4 Force Majeure

Rad Pony Apps is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content, information, service, carriers, Product, Software, or Demonstrations. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to Rad Pony Apps.

10. Miscellaneous

10.1. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

10.2. No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision.

10.3 This Agreement constitutes the entire Agreement between you and Rad Pony Apps with respect to the Services and supersedes any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.

10.4 Official correspondence must be sent via postal email to : contact@radpony.com

10.5 You may not modify or assign this Agreement. In its sole discretion, Rad Pony Apps may assign this Agreement. Rad Pony Apps frequently updates, modifies, and otherwise continually seeks to improve the Services. Such changes often dictate that Rad Pony Apps simultaneously modify the Agreement. As such, Rad Pony Apps shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the Services, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use of the Service after any such change has been posted, shall constitute the acceptance of any such changes. If you do not agree with any such changes, the Services may be canceled in accordance with the procedures for cancellation set forth in this Agreement. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes.

10.6. This Agreement is binding upon you and Rad Pony Apps, their respective heirs, successors and permitted assigns.

10.7. Any liability or obligation of a party to the other party under sections 1.5, 4,5,7,9 and this section 10, of these Terms, will, in each case, survive cancellation or termination of this Agreement.

10.8. Headings in this Agreement are for reference only and have no effect on the meaning of any provision.

Last updated November 28, 2017