Terms of Use

Introduction

These are the terms of use that apply to this application (and any update/upgrade to it) that we make available for download from any third party application store (App). This app provides a facility for inputting, retaining and sharing personal details including names, addresses, telephone numbers, email addresses and other types of contact information with others for identity authentication (the "Purpose").

Use of your personal information submitted to or via the App is governed by our Privacy Notice

The App is provided by or on behalf of Callsign Limited., a company registered in England and Wales, company number 07277719 with its registered address at 1 Bartholomew Close, London, England, EC1A 7BL (we, us and our).

BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.

We reserve the right to change these terms from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the App. These terms were last updated on June 22 2022.

Access to the App

The App is intended for use only by persons who are at least 18 years of age. By using the App, you confirm to us that you meet this requirement, or if you are under 18 years of age, you confirm to us that you have the permission of your parent or guardian to use the App.

We believe in children’s online safety and do not wish to receive information regarding children under 13 years old. Therefore, you may not post or submit any personal information of a child under 13 years old or information sufficient to locate such a child on or through the App. If you are under 13 years of age, then please do not attempt to submit any information to or use the App.

The App is a subscriber only facility, so you (or the business you work for) must be subscribed to the Callsign services in order to use the App. Initial access to the App is allowed to a subscriber via downloading the App and registering to use the Callsign services. You must ensure that any registration details you provide are accurate. Upon termination of your subscription, or the subscription of the business for which you work (as applicable) you will lose your right to use this App.

Subject to the following paragraph, the App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use the downloaded App.

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with these terms, for all access to, and use of, the App by you on any device, whether or not it is owned by you.

You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge for internet access (including mobile data usage) on that device.

Security measures

We will apply reasonable measures to protect the security of the information you provide when using the App, to allow such information to be accessible to such others with whom you have elected to share your details and shared only as envisaged by the App.

If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using the App, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms or if any details you provide for the purposes of registering as a user prove to be false.

We shall be entitled (but not required) to apply security measures to protect the App and our intellectual property rights and shall be entitled to block users (or IP addresses) identified or suspected as being used to access the App without authorisation or for unlawful purposes including for disrupting or damaging the App.

You shall notify us of any activity on the App suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorised access to, or cause any damage to the App.

You shall notify us immediately of any security breach involving the App which you become aware of including any loss of personal information and any incident where personal information (relating to you) becomes available to unauthorised persons through the App.

Callsign shall be entitled to use non-personal information processed on the App, without limitation, to obtain technical, statistical or other information. Any databases of non-personal information which we may create out of the information on the App from time to time shall form part of our intellectual property rights.

You may, at any time, add, modify, update or remove your personal details from the App.

What you are allowed to do

You may only use the App for the Purpose, and only in accordance with these terms (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, the App) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

The information you provided to us on any registration or application form, profile sheet, by email, postings, telephone or through other means including all personal details, contact details and all other data provided to us must be true in all respect, up-to-date and not misleading in any way.

Subject to the following sections, you may retrieve and display content from the App on a computer or mobile device and store the App in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.

You may terminate your account on the App at any time and any passcodes will be disabled upon termination.

What you are not allowed to do

Except to the extent expressly set out in these terms, you are not allowed to:

• provide false personal information or create an account for anyone other than yourself without permission;
• permit anyone other than yourself to use your account, and if you become aware of such unauthorised use or a breach involving the email address linked to your account, you must notify us immediately;
• if we disable https://www.callsign.com/cs-ad... account, create another one without our permission;
• republish, redistribute or re-transmit the App;
• copy or store the App other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser or mobile device;
• store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the App;
• remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or any server on which it is hosted;
• use the App in a way that might damage our name or reputation or that of any of our affiliates; or
• otherwise do anything that it is not expressly permitted by these terms.

All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them. We reserve the right to block your access to the App if we have reason to believe that it is being misused or used for purposes other than the Purpose.

To do anything with the App that is not expressly permitted by these terms, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of these terms.

Third party platform providers and application stores

Certain third party platform providers with whose devices and/or operating systems the App has been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under Additional third party terms. These provisions come from the relevant third party platform providers, not us.

To the extent that the third party platform provider Additional third party terms conflict with any of our terms, the third party platform provider terms shall control.

Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.

Intellectual property rights

We license, but do not sell, to you the App you download. We grant to you a nonexclusive, worldwide license to perform, display, and use the App for so long as you have access under a valid subscription (either yours or the business you work for). We remain the owner of the App at all times and have the exclusive right to exploit, use, license, sell, reproduce, modify or adapt any and all parts of the App.

All intellectual property rights in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.

The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under these terms, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in any App and the relevant Open Source Licence Terms will be made available to you upon request.

App features and content, warranty

You agree that downloading, accessing and use of the App are on an 'as is' and 'as available' basis and at your sole risk.

We reserve the right to change the format and features of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or, unless that content is part of a subscription you have paid for, any other reasons.

Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except as set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.

Our liability

Nothing in these terms shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum of £100.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside our control).

General

You may not transfer or assign any or all of your rights or obligations under these terms.

All notices given by you to us must be given in writing to the address set out at the end of these terms.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country of the European Union, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

Subject to the next paragraph, you agree that any dispute between you and us regarding these terms or the App will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country of the European Union, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.

Contacting us

Please submit any questions you have about these terms or any complaint or concern in relation to the App by email to legal@callsign.com.

Additional terms from third party platform providers

Apple

If the App that you download, access and/or use is downloaded from the App Store operated by Apple Inc. ("Apple"):

1. Acknowledgement: You and we acknowledge that these terms are concluded between you and us only, and not with Apple, and we, not Apple, are solely responsible for the App and its content.
2. Scope of licence: The licence granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
3. Maintenance and support: As between Apple and us, we are solely responsible for providing maintenance and support services, if any, with respect to the App, as specified in these terms, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty: As between Apple and us, we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, if relevant, refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Product claims: You and we acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual property rights: You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address: We may be contacted in connection with any questions, complaints or claims with respect to the App, as set out in the introduction to these terms above.
   
9. Third party terms of agreement: You must comply with any other terms applicable to your use of this App.
10. Third party beneficiary: You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and that, upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.