yourVirtualSIM Inc. ("we," "us," "our") provides this application (Ring4, including any new features and related services, the "Service") to you subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service and will indicate the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Terms of Service to determine if there have been changes to these Terms of Service and to review such changes.
Access and Use of the Service
Services Description: The Service is designed to allow users to obtain temporary numbers for voice and SMS use via Apple iOS devices, as well as to make and receive voice calls and SMS messages via these numbers.
Data Service Required: An underlying data connection (e.g. wifi, LTE, 4g, 3g) is required to use the Service. You are solely responsible for procuring, maintaining, paying for the underlying data service that will connect the mobile application client to the server. yourVirtualSIM inc. is not responsible for your underlying data service, or for any calls made across data and telecommunications networks which are not owned by yourVirtualSIM Inc., including but not limited to no service, poor reception, and dropped calls.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify yourVirtualSIM Inc. of any unauthorized use of your password or account or any other breach of security.
Modifications to Service: yourVirtualSIM Inc. reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that yourVirtualSIM Inc. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that yourVirtualSIM Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that a particular phone number or other content will be retained by the Service and the maximum storage space that will be allotted on yourVirtualSIM Inc.&rsquos servers on your behalf. You agree that yourVirtualSIM Inc. has no responsibility or liability for the deletion or failure to store any data, conversations, texts or other content maintained or uploaded by the Service. You acknowledge that yourVirtualSIM Inc. reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that yourVirtualSIM Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
911 Calling Not Available: THE SERVICE CANNOT BE USED FOR 911 OR EMERGENCY CALLING. You must make alternative arrangements to place 911 calls using your landline, mobile or cell phone and cannot rely on the Service for 911 calling capability.
yourVirtualSIM Inc. DOES NOT OFFER 911 OR EMERGENCY CALLING FOR THE SERVICE. DO NOT USE THE SERVICE TO CALL 911 OR OTHER EMERGENCY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BE USED TO MAKE OUTBOUND CALLS, INCLUDING CALLING 911 OR ANY OTHER APPLICABLE EMERGENCY SERVICES.
You agree that yourVirtualSIM Inc., its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using the Service. You hereby waive all claims and causes of action against yourVirtualSIM Inc., its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using yourVirtualSIM Inc. Services.
Conditions of Use
User Conduct: You are solely responsible for all communications of whatever type you hold or any content of any time that you transmit via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by yourVirtualSIM Inc. ("Prohibited Uses"). yourVirtualSIM Inc. reserves the right to investigate and take appropriate legal action against anyone who, in yourVirtualSIM Inc.’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a) transmit any content that (i) publicly infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to hold or transmit under law or under contractual or fiduciary relationships; (iii)poses or creates a privacy or security risk to any person; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail", "spam", "chain letters", "pyramid schemes", "contests", "sweepstakes", or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii)in the sole judgment of yourVirtualSIM Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose yourVirtualSIM Inc. or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) use the Service for call centers, conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
You further understand and agree that:
You shall be solely liable for any calls and/or content sent or received through the Service (including but not limited to misdirected calls, wrong number calls) and that yourVirtualSIM Inc. has no control over calls received or the content of any transmission.
You are solely responsible for all acts or omissions that occur under your account or password, including the content of your calls or that you transmit through the Service.
Fees: You acknowledge that yourVirtualSIM Inc. reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth in the Service or on the Apple App Store and yourVirtualSIM Inc. website. You are responsible for paying all charges for your account, including but not limited to, toll-free, local, long distance, roaming and directory assistance charges for your underlying data service, and for all taxes and surcharges imposed on you or us as a result of your use of the Service.
Reasonable Use Policy: Unusually high usage of the Service attributable to individual accounts may impair yourVirtualSIM Inc.’s ability to provide the Service to other customers and/or indicate misuse of the Service. Accordingly, reasonable use means that your use of the Service (i) does not materially impair yourVirtualSIM Inc.’s ability to provide the Service to other users and (ii) is not used for any Prohibited Uses in accordance with this Terms of Service. yourVirtualSIM Inc. reserves the right to review and monitor your usage at any time to ensure compliance with this Reasonable Use Policy. Except where prohibited by law, if you violate the Reasonable Use Policy, you hereby acknowledge and agree that yourVirtualSIM Inc. may modify, suspend, terminate, disconnect or take any other action regarding your Service to prevent continued violation of this Reasonable Use Policy.
Number Ownership: You understand and agree that the Service issues temporary phone numbers for limited time use. As such, you understand and agree that you are not the owner of any toll-free, local telephone number or any other number assigned to you by the Service, and further, you understand and agree that you may not port any such assigned number from the Service to another service provider. Certain telephone numbers may not be available for assignment but get issued to you in error. All assigned numbers are provided “as is” and yourVirtualSIM Inc. makes no warranty, representation or guarantee that any assigned number will be usable or "clean" when assigned or anytime thereafter, and you understand and agree that yourVirtualSIM Inc. may from time to time at its sole discretion change the telephone number assigned to you . yourVirtualSIM Inc. will not be liable for any damages (including consequential or special damages) arising out of any such reassignment or change of a telephone number.
Number Availability: yourVirtualSIM Inc. cannot guarantee that any specifically requested telephone numbers or area codes will be available or remain available. yourVirtualSIM Inc. will not be liable for reimbursement for any expenses you incur related to the assignment of a specific telephone number, including but not limited to business cards, stationary, event bookings, press releases or any other post or advertisement under any conditions, or for any other alleged damages, including consequential or special damages arising from any alleged failure to provide you with a specific telephone number or if your assigned number becomes unavailable or must be reassigned for any reason at any time.
Storage: yourVirtualSIM Inc. is not obligated to store your voicemails, sent/received calls, text messages, and/or other information maintained or transmitted by the Services. You agree that yourVirtualSIM Inc. has no responsibility or liability whatsoever for the deletion or failure to store any voicemail and/or other information maintained or transmitted by the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Terms Specific to Apple, Inc.
The Service is intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), and as such, the following terms and conditions apply:
yourVirtualSIM Inc. and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Service as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by yourVirtualSIM Inc., you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally transmit via the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of yourVirtualSIM Inc., our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by yourVirtualSIM Inc..
The Ring4 name and logos are trademarks and service marks of yourVirtualSIM Inc. Other yourVirtualSIM Inc., product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to yourVirtualSIM Inc.. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of yourVirtualSIM Inc. Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of yourVirtualSIM Inc. Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will yourVirtualSIM Inc. be liable in any way for any content transmitted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any recordings or content, or for any loss or damage of any kind incurred as a result of the use of any conversations or content held or transmitted via the Service. You acknowledge that yourVirtualSIM Inc. does not pre-screen any numbers, conversations, texts or content, but that yourVirtualSIM Inc. and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any recordings or content that are available via the Service. Without limiting the foregoing, yourVirtualSIM Inc. and its designees will have the right to remove any numbers or content that violate these Terms of Service or are deemed by yourVirtualSIM Inc., in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any conversations, texts or other content, including any reliance on the accuracy, completeness, or usefulness of such conversations, texts or content.
User Content Transmitted Through the Service: You are solely responsible for the content, conversations and other materials you hold or transmit through the Service or otherwise share with other users or recipients (collectively, "User Content"). You will not record, upload or transmit any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By using the Service or holding any conversation via the Service or otherwise providing or transmitting any User Content you hereby grant and will grant yourVirtualSIM Inc. and its Affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content, such rights to be used solely in connection with and for the purposes of operating the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to yourVirtualSIM Inc. are non-confidential and yourVirtualSIM Inc. will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that yourVirtualSIM Inc. may preserve content and may also disclose conversations, texts or other content (including but not limited to call logs and phone number records) if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to comply with legal process, applicable laws or government requests, provided, however that yourVirtualSIM Inc. will make a valid effort to notify affected users of any such monitoring or disclosure unless prohibited from doing so by applicable law or valid legal process as determined in our good faith. Furthermore yourVirtualSIM Inc. may preserve content to: (a) enforce these Terms of Service; (a) respond to claims that content violates the rights of third parties; or (a)protect the rights, property, or personal safety of yourVirtualSIM Inc., its users and the public. You understand that the technical processing and transmission of the Service, including your conversations, texts, or other content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent or received using the Service for purposes of determining copyright infringement. However, yourVirtualSIM Inc. reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if yourVirtualSIM Inc. determines in its sole discretion that a user is a repeat infringer.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. yourVirtualSIM Inc. has no control over such sites and resources and yourVirtualSIM Inc. is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that yourVirtualSIM Inc. will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that yourVirtualSIM Inc. is not liable for any loss or claim that you may have against any such third party.In addition, yourVirtualSIM Inc. is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social networking services. As such, yourVirtualSIM Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social networking services. yourVirtualSIM Inc. enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold yourVirtualSIM Inc. and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service or User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. yourVirtualSIM Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
yourVirtualSIM Inc. MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CALLS, TEXTS, CONVERSATIONS PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT yourVirtualSIM Inc. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF yourVirtualSIM Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONVERSATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL yourVirtualSIM Inc.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID yourVirtualSIM Inc. IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that yourVirtualSIM Inc., in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and permanently remove access to the Service or any assigned numbers, for any reason, including, without limitation, for lack of use or if yourVirtualSIM Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. yourVirtualSIM Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that yourVirtualSIM Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that yourVirtualSIM Inc. will not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions and conversations with any other user in connection with the Service and yourVirtualSIM Inc. will have no liability or responsibility with respect thereto. yourVirtualSIM Inc. reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and yourVirtualSIM Inc. and govern your use of the Service, superseding any prior agreements between you and yourVirtualSIM Inc. with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and yourVirtualSIM Inc. agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of yourVirtualSIM Inc. to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Last updated April 20, 2015