Terms of Services
Terms of Services
This document (the “Agreement”) sets forth the terms and conditions that govern your use of the services offered by or through CallHero (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. If you do not agree with any of the terms of this Agreement, do not continue to use the App.
Callhero is entitled to amend this Agreement with immediate effect at any time and post the amended version on the App, and to do so according to its absolute and exclusive discretion, and without providing any notice in advance. It is your sole responsibility to review this Agreement and any amendments, before performing any activity via the App. Any use by you of the App and/or service embodied therein after making such an amendment shall be deemed as your awareness and acceptance of any amendment of this Agreement. If any amendment of this Agreement is unacceptable to you, your only recourse is to stop using the App.
1. Services Provided
CallHero offers you, among other things, the ability to automatically block unwanted calls (robocalls, telemarketers, etc.), to forward unwanted calls and record them, to blacklist and whitelist specific numbers, and to receive detailed information about the calls. This information may include the transcription of the call, name, address, email, and other data. CallHero tries to provide the most accurate, current, and rich data available and to only block calls that are unwanted, but it makes no guarantees regarding the accuracy of the results it provides.
2. Acceptable Conduct
You agree to use the CallHero 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.
You may use the App only if it is legal for you to do so according to the laws that apply to you. You hereby represent and warrant that you do not violate any applicable law or regulation as a result of using the App. If you reside or are present in any jurisdiction that prohibits using the App or any of the services embodied therein, you shall not use the App or that services. Callhero makes no representations or warranties, expressed or implied, as to the lawfulness of any person’s participation in any activity through the App (including, but not limited to, the use of the App or any of the services embodied therein), and shall not be responsible for any illegal use of the App by you. The offering or availability of the App shall not be deemed or interpreted as an offer or invitation by Callhero to use the App. It is your responsibility to ensure that you comply with any and all laws applicable to you before registering or participating in any activity through the App. You hereby acknowledge that it is not Callhero’s responsibility to verify the legality of the use of the App or any of the services embodied therein by you, and accordingly waives any claim and/or argument you may have in this respect. You understand and accept that Callhero is unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the applicable laws and rules.
In particular, the optional Answer Bot feature of CallHero permits recording of calls, which, depending on the state or country in which you are located or the person calling you is located, may violate laws requiring a person recording a telephone conversation to obtain the consent of any other parties on the call to the recording. You may not use the recording capability of CallHero unless you have determined that your use is legal. Before recording any call, you should check the laws of your country in order to determine if you need the other party’s permission to record a call. Even if your country only requires the permission of one party, you may receive calls from people located in countries or 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.
- Account Registration and Operation
To use the App, you will first need to open an account with the App.
For the purpose of opening an account, you will be required to provide information and documentation relating to, inter alia, your telephone number and your wireless carrier. Callhero reserves the right, at any point in time, to ask you to provide additional information and documentation, and your account may be suspended until satisfactory information and documentation is provided; failure to provide the required additional information and documentation within the timeframe set by Callhero may result in termination of your account.
By opening an account, you hereby represent, warrant, acknowledge and undertake, that (a) the details you submitted during the registration process are true and correct, and that you will update them, immediately upon any change thereto, (b) your account is for your personal use only or on behalf of a non-natural person that you are authorized to bind by your actions, and not on behalf of any other third party, (c) you are of the higher of 18 years of age or such other minimum legal age in your jurisdiction as required to use the App and the services embodied therein, and you are of sound mind and you are capable of taking responsibility for your own actions, (d) you have verified and determined that your use of the App and the services embodied therein does not violate any laws or regulations of any jurisdiction that applies to you, (e) you will use the App in good faith, (f) Callhero may at its sole discretion, open, maintain and/or close account, and that any such decision by Callhero or any other decision by Callhero in connection with the services embodied in the App shall be final and not subject to dispute or appeal, (g) you shall be fully and solely responsible for maintaining the confidentiality of your account details, and for any and all actions taken in connection with your account by anyone who enters your account while using your account details, and all such actions shall be deemed as actions taken by you, (h) you shall bear the full and sole responsibility for an unauthorized use of your account, (i) you will immediately inform Callhero of any suspected unauthorized use of your account, and (j) you shall indemnify Callhero and hold it harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of this Agreement by you, and any other liabilities arising out of your use of the App or any unauthorized use of the App by any third party using your account details.
- Operation of the Service
CallHero’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 CallHero in your iPhone’s Phone Settings. If you fail to do this, CallHero will not be able to identify and block nuisance calls from numbers on its global blacklist.
In order to use several of CallHero features, the service will also walk you through a process to adjust your phone’s conditional call forwarding feature, which operates by forwarding all declined calls to a different number. To use CallHero services, you must configure your phone’s conditional call forwarding service to redirect declined calls to our number. CallHero 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.
The App also provides you the ability to create and modify a personal blacklist. When you blacklist a number, the service will play a “Number is invalid” tone to the caller. You can add or remove users from your personal blacklist at any time through screens on the App.
CallHero also offers a feature called “Personal AI assistant” that answers any call you decline / reject. After it answers the call, CallHero plays back to that caller a pre-recorded interactive answer. You can turn off the Personal Assistant through the settings screen on the App at any time.
CallHero may require access to your phone’s contacts list, so that whenever your phone forwards a call we can check the number against your list to show the name of the caller instead of the number. 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.
5. Access to Your Contacts Information
6. Access to Your Notification Settings
CallHero also requires access to your phone’s notifications settings during the setup and activation process. The service uses this access to modify your phone’s settings, so the App can notify you (either by text message or by on-screen notification) when a call is currently being screened, and when it blocks a phone call and to inform you when a call was disconnected. From time to time, we may also use the process to notify you of important updates or changes to the service.
7.Ownership of the Account
CallHero recognizes the owner of the mobile phone number on the account as the sole owner of the account.
8. Free Trial
CallHero 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.
CallHero’s services are provided through the APP STORE on a paid subscription basis. CallHero’s rates for services are listed in the App and on the App Store. CallHero reserves the right to modify its rates at any time and/or to offer special promotions. CallHero does not issue refunds for services. CallHero 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.
10. New Features and Modifications or Deletion to Existing Features
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 App’s 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.
12. Modification and Termination of Services
Callhero shall be entitled, at its sole discretion and without any prior notice, to change, amend, modify, remove or discontinue, from time to time, any of the services embodied in the App with immediate effect. Callhero shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against Callhero in such regard.
- Account Suspension or Termination By CallHero
CallHero 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) day’s electronic notice, (b) to refuse to allow you to recharge your account, or (c) to suspend your account immediately until further investigation takes place.
14. Limitation of Liability
CALLHERO 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 CALLHERO REGARDING ANY CALLER. CALLHERO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF CALLHERO HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CALLHERO 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. CALLHERO IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. CALLHERO 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. CALLHERO 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 CALLHERO SERVICES IN ANY COUNTRY.
You understand and acknowledge that the App or any of the services embodied therein may be unavailable from time to time and that Callhero will not be liable for your inability to use the App or these services for whatever reason.
15. No Warranties
CALLHERO 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. CALLHERO 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 CALLHERO REGARDING ANY CALLER OR THE LEGALITY OF THE USE OF ANY OF THE CALLHERO SERVICES IN ANY PARTICULAR STATE OR IN ANY COUNTRY, INCLUDING THE UNITED STATES OF AMERICA.
16. Force Majeure
CallHero 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 CallHero.
You agree to indemnify, defend, and hold CallHero, 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 attorney’s fees, which are the result of, or are in any way related to, your use of the App or CallHero’s services and/or your breach of this Agreement.
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 Israeli Arbitration Association. The arbitration shall take place in Tel Aviv, Israel. 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 attorney’s fees of the prevailing party shall be assessed against the party against whom the award is rendered.
19. Consent to Communications
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 CallHero 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 [email protected] You may not, however, opt out of receiving CallHero communications regarding important information relating to your account or this Agreement.
20. Intellectual Property
All the rights, including the intellectual property rights (including, but not limited to, patents, copyright, trademarks, service marks, logos, trade names, and know-how) concerning the App, and all of its content (including, but not limited to, software and programs, files, video, audio, music, pictures, images, photographs, graphics, animations, pictures, text and software) and/or the services embodied therein (collectively the “Rights”), are and shall remain the sole and exclusive property of Callhero. Except pursuant to this Agreement or with our express prior written consent, you may not use any of the Rights and you shall not, by using the App or the service embodied therein or otherwise, acquire any rights in any of the Rights. Without derogating from the above, you are strictly prohibited from: (i) copying. redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, translating or making any attempt to access the source code of the App and/or any content within the App to create derivate works of the source code; (ii) selling, assigning, licensing, sublicensing, transferring, distributing any content of the App and/or the service embodied therein, and (iii) making the App and/or the services embodied therein (or any part thereof) available to any third party.
Without derogating from the generality of the foregoing, it is hereby clarified that all corporate names, service marks, logos, trade names, trademarks, websites and domain names of CallHero (collectively “Marks”), including but not limited to “CallHero,” are and shall remain the exclusive property of CallHero, and nothing in this agreement shall grant you the license to use such Marks without the express written permission of CallHero. CallHero retains ownership and all rights to the CallHero name, logo, software, databases, reports, website, and information. CallHero reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by CallHero. However, each individual user has the right to use the CallHero name on his, her, or its site to further promote the CallHero service to the Internet community.
The App may include links to internet websites or mobile applications that are not operated by Callhero. These links are intended for your convenience only and Callhero has no control over these internet websites or mobile applications and it is not responsible for the content contained in these websites or applications. The inclusion of links to other websites or applications does not attest to support of the content of these websites or applications or any other connection to these websites or applications or their operators. Callhero is not responsible for the proper work of the links or that the links lead to websites or applications with the assistance of any electronic pointer to the link. Callhero is entitled at its own discretion to remove any link from the App and/or add additional links.
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; provided, however, that in such event this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
This Agreement, as modified consistent as provided herein, constitutes the entire agreement between you and CallHero 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 CallHero.
Callhero may, at its sole discretion, transfer or assign this Agreement (in whole or in part) to any third party without any prior notice; without derogating from the above, the App and/or any of the services embodied therein may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of your rights or obligations under this Agreement.
- Governing Law
This agreement, and all modifications and amendments thereto, shall be governed by the laws of Israel.
All communications and notices to be made or given pursuant to this Agreement shall be in the English language.