Terms of Service
These Terms of Service, which include by reference Videoscreen’s Privacy Policy (collectively, “Terms“)
govern your use of Videoscreen’s software in executable code form only, any documentation provided
therewith, and any modified, updated, or enhanced versions of such items that Videoscreen may provide to
you pursuant to these Terms (“Software”), along with Videoscreen’s websites, web services, APIs or other
online and offline services (together with the Software, the “Service”), irrespective of release
version. These Terms constitute a legal agreement between you, either an individual or a single entity
(“you” or “user“) and Videoscreen Software Ltd. (“Videoscreen”, “we” or “us”).
If you are entering into these Terms on behalf of an organization, you hereby warrant that you have the
authority to do so.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY DOWNLOADING, CONNECTING TO, ACCESSING, ACTIVATING OR
USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PROVISIONS OF
CALLAPP’S PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE TO THESE TERMS, AND YOU AGREE TO BE
BOUND BY THEM AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH THE SERVICE. IF
YOU DO NOT AGREE TO ANY OF THE TERMS, YOU ARE NOT ALLOWED TO DOWNLOAD, CONNECT TO, ACCESS, ACTIVATE OR
USE THE SERVICE AND ARE OBLIGED TO UNINSTALL OR ERASE THE SOFTWARE FROM ALL YOUR DEVICES.
The Service is not designed or intended for children under the age of eighteen (18), unless a younger
age threshold has been adopted by your country (the “Eligible Age”). We reserve the right to request
proof of age at any stage to verify that minors under the Eligible Age are not using the Service. In the
event that we learn that a child under the Eligible Age uses the Service, we will prohibit such person
from accessing the Service and we will terminate the relevant account. If you become aware of any minor
under the Eligible Age using the Service or that any Collected Information (as described in our Privacy
Policy) relates to a minor under the Eligible Age, you may request to unlist their number from the
Service in a way described in our Privacy Policy.
1. THE SERVICE
The Service is a global call screen themes community and video editor, enhancing your ability to make
your own call screen and providing related video editor services and tools to color your call. The
Service may also provide you with complementary information for incoming calls, such as photo, company,
email address, if such information is available through Videoscreen’s data resources (“Videoscreen’s
Resources”) or through Videoscreen’s partners’ data resources, or over publically available online
databases and other public data resources (“Public Resources”). In addition, you are able to upload and
share your videos to the Service.
By downloading and using the Service you hereby acknowledge the terms and the practices related to the
collection and storage of information, including Content and Collected Information (as described in our
Privacy Policy) including but not limited to your full name and telephone number.
Please be aware that information provided to you, or accessed by you, in connection with the Service or
otherwise by Videoscreen may be incomplete, inaccurate, objectionable or outdated, and Videoscreen disclaims
all responsibility and liability with respect thereto.
To transmit and receive updates on real-time to and from the Service, the Service requires an online
connection of your mobile device to the internet (such as wi-fi, 3G or 4G). All costs of such connection
are at your expense, as dictated by your communications service provider (cellular company) and in
accordance with its applicable payment terms.
Types of Data collected
Among the types of Personal Data that HyperTorrent collects, by itself or through third parties, there
are: Cookies; Usage Data; unique device identifiers for advertising (Google Advertiser ID or IDFA, for
example); geography/region; number of Users ; session duration; Application opens; first launches;
Storage permission.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this
privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically
when using HyperTorrent.
Unless specified otherwise, all Data requested by HyperTorrent is mandatory and failure to provide this
Data may make it impossible for HyperTorrent to provide its services. In cases where HyperTorrent
specifically states that some Data is not mandatory, Users are free not to communicate this Data without
consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by HyperTorrent or by the owners of third-party
services used by HyperTorrent serves the purpose of providing the Service required by the User, in
addition to any other purposes described in the present document and in the Cookie Policy, if available.
2. GRANT OF LICENSE AND PERMITTED USE OF SERVICES
Subject to the limitations and restrictions provided in these Terms, Videoscreen hereby grants you a
limited, personal, free-of-charge, non-exclusive, non-sub-licensable, non-transferable, revocable: (i)
right to use the Services, and (ii) license, to download, access and use the Software; and in both cases
on a device that you own or control, for the sole purpose of your personal, non-commercial use of the
Service (collectively, “License”). These Terms does not convey to you any interest in or title to the
Software, but only limited rights to use the Service solely in accordance with the License and these
Terms.
Subject to the limitations and restrictions provided in these Terms, Videoscreen hereby grants you a
limited, personal, free-of-charge, non-exclusive, non-sub-licensable, non-transferable, revocable: (i)
right to use the Services, and (ii) license, to download, access and use the Software; and in both cases
on a device that you own or control, for the sole purpose of your personal, non-commercial use of the
Service (collectively, “License”). These Terms does not convey to you any interest in or title to the
Software, but only limited rights to use the Service solely in accordance with the License and these
Terms.
This License does not allow you to use Videoscreen’s name, trademarks or other commercial symbols.
All rights and licenses not expressly granted to you under these Terms shall be retained by
Videoscreen.
In the event that you wish to use the Service as part of your own application, a separate agreement with
Videoscreen is required.
3. RESTRICTIONS
Use of the Service requires registration. In order to become a registered user of the Service, you may
be asked to provide us with several details about yourself, such as your full name, telephone number,
active email address and residence information. You must provide full, accurate and truthful
information.
Providing wrongful or erroneous information may prevent you from using the Service and may prevent
Videoscreen’s ability to contact you and may result in Videoscreen terminating the License and your right to
use the Service.
The information you provide during registration will be stored on Videoscreen’s Resources, which we will
use consistent with our Privacy Policy.
4. SERVICE TERMINATION
Treatment of your information, including your Collected Information, after unlisting is described in our
Privacy Policy.
Videoscreen may in its sole discretion and at any time temporarily or permanently suspend or block a user
from using the Service, immediately and without liability.
Videoscreen may in its sole discretion and at any time cease the operation of the Service or any part
thereof, temporarily or permanently, immediately and without liability.
The following provisions of these Terms will survive termination for any reason: 3, 5, 6, 7, 8, 9, 10,
11, 13, 16, 17, 18, 19, 20, and 21.
5. CONTENT AND OTHER INFORMATION
You may submit and upload information, including Collected Information, into the Service as content
(“Content”). Content may take the form of your profile information, contact information, or other types
of data, that you upload or otherwise share.
You are solely responsible for your Content. You warrant that you own all right, title and interest
required for the use of your Content in the manner contemplated in these Terms, that you have the right
to share your Content with Videoscreen, the Service, and other Videoscreen users, and that your Content is
not false and will not disrupt or corrupt the Service and is otherwise consistent with these Terms.
In addition to Content, other information, including your Collected Information, is received or may be
received, and may be used by us, including the following: geo-location, IP address, device ID or unique
identifier, device manufacturer and type, device and hardware settings, ID for advertising, ad data,
operating system, operator, phone number, connection information, usage statistics, device log and event
information, device details (including: device manufacturer and type, device model and name, device
hardware and settings), supported apps information, version of the Software used, and other information
based on interactions with the Services. This information is received when you or other users use the
Service, through Public Resources, and from cookies and other technologies. For more information
regarding Collected Information and your privacy, please refer to our Privacy Policy.
You agree that you will exercise caution and common sense if you provide us with or let us collect or
receive Content or other information, including Collected Information, about someone else (including
Contact information), and you hereby confirm that it is not false and that it will not corrupt or
disrupt the Service, and that you have the right to provide or let us collect, receive, use and share
such other information, including Collected Information, in accordance with these Terms and our Privacy
Policy.
You hereby grant Videoscreen a non-exclusive, permanent, worldwide, non-revocable, royalty-free,
sublicensable and transferable license to use your Content and other information in any way at
Videoscreen’s sole discretion, including without limitation to reproduce, distribute, publically perform,
reproduce, edit, translate, reformat, make derivatives of it, incorporate it into a collective work, and
use it in order to promote Videoscreen’s business in any way, without the need for any further
compensation, approval or consent.
Videoscreen may monitor Content or other information made available by or otherwise received from users
through the Service but cannot and does not guarantee that it will monitor, or the source, completeness,
currency, or correctness of any Content or other information. You accept that through the Service you
may be exposed to Content or other information that is false or objectionable. Without derogating from
any other provision herein, you agree that you shall bear all risk and responsibility associated with
the use of Content or other information, and that Videoscreen shall not be liable in connection therewith.
In addition, you should not have any expectation of privacy with respect to Content.
6. INTELLECTUAL PROPERTY RIGHTS
Videoscreen and its licensors retain all right, title and ownership in and to the Service and any part
thereof, including without limitation the Software, the design and layout of the Service and all
contents of the Service (except for user Content), and including without limitation all intellectual
property rights pertaining thereto, including, but not limited to, inventions, patents and patent
applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs
(including the “look and feel” of the Service, website, or any of the Software features),
specifications, methods, procedures, algorithms, data, technical data, interactive features or
activities, source and object code, files, interface, GUI and trade secrets, whether or not registered,
and all copies, revisions, modifications, updates and/or upgrades thereto, including all derivative
works thereof (collectively, “Intellectual Property“)
Except for the License granted in accordance with these Terms, all rights in and to the Service are
reserved, and no licenses, implied or otherwise, are granted by Videoscreen. You agree not to challenge
Videoscreen’s rights in or otherwise attempt to assert any rights in the Service, except those explicitly
granted under these Terms.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and
signs indicating proprietary rights of Videoscreen, including copyright mark [©] or trademark [® or ™]
contained in or accompanying the Software or the content included in the Service, and you represent and
warrant that you will abide by all applicable laws in this respect.
You are further prohibited from using, diluting or registering any name, mark, logo or other commercial
symbol that is identical or confusingly similar to any of Videoscreen’s marks and logos, whether or not
registered or registrable.
Third-party trademarks, product names and brands which may appear in the Service are the property of
their respective owners, including all goodwill associated with such trademarks and product names.
7. CONFIDENTIALITY
You agree not to use or disclose any of Videoscreen’s Confidential Information except in connection with
your authorized use of the Service. “Confidential Information” means all non-public information
disclosed to you by Videoscreen in connection with the Service that is designated by Videoscreen as being
confidential or that you should reasonably understand to be confidential, including without limitation
all non-public aspects of the Service such as the Software.
8. THIRD PARTY SOFTWARE
Certain software, files or components included in the Service are licensed to Videoscreen from third
parties (“Third Party Software“). Videoscreen utilizes Third Party Software according to the applicable
license agreements governing such Third Party Software. Videoscreen does not recommend, sponsor or
endorse, and Videoscreen and the Software are not sponsored by, endorsed by, or affiliated with, the
provider of any Third Party Software. Without derogating from any other disclaimer of liability set
forth in these Terms, Videoscreen has no control over Third Party Software and is neither responsible for
its functioning nor for any error, defect or malfunction in such Third Party Software. Note that
information may be collected and stored by the providers of such Third Party Software and that your use
of such Third Party Software, including use in connection with Videoscreen’s Software, is governed by the
terms of use and privacy policies of the applicable Third Party Software providers and not by these
Terms. We recommend that you review the terms of use and privacy of all Third Party Software that may be
bundled with the Software or installed in connection with the Software.
Some Third Party Software may be open source software. To the extent these Terms conflict with the terms
of an open source license, the open source license terms will prevail. You may request a copy of the
open source licenses we use by contacting us. OPEN SOURCE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY
EXPRESS, IMPLIED, OR STATUTORY WARRANTY OR GUARANTEE OF ANY KIND.
9. LINKS TO THIRD PARTY SITES
The Service may contain links to third party services, applications or websites (“Third Party Sites”).
You hereby acknowledge that Videoscreen has no control over Third Party Sites, nor does it assume any
responsibility for Third Party Sites including without limitation the availability of Third Party Sites,
and does not screen, promote or endorse and is not responsible or liable for any services, content,
advertisements, products, or any materials available on Third Party Sites. You further acknowledge and
agree that Videoscreen shall not be responsible or liable, directly or indirectly, for any damage or loss
whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services,
applications, content, products or other materials available on or through any Third Party Site.
Videoscreen encourage you to carefully read the privacy policies and the terms of use or service of Third
Party Sites. The use of Third Party Sites is at your sole and exclusive risk.
10. ADVERTISEMENTS
Videoscreen may integrate commercials, advertisements and/or sponsored links (“Advertisements”), whether
within or beside the Service. By clicking an Advertisement, you may be transferred to a service of an
advertiser or receive any other content, messages, information or offers from the advertiser and from
others. All information contained in Advertisements is solely controlled by the relevant vendor, and
Videoscreen neither controls Advertisements nor makes any warranty or representation with respect to their
accuracy, appropriateness or content. You agree that your use of the Service, in this respect as well in
all other matters, is at your sole and exclusive risk.
11. UPDATES TO THE SOFTWARE
Updates to the Software may be automatically downloaded from the Service and installed on your device
from time to time. These updates may take the form of bug fixes, enhanced functions, new actions and new
versions of the Software. You acknowledge and agree to receive such updates from Videoscreen and hereby
permit Videoscreen to deliver these updates to you and install them automatically on your device as part
of your use of the Service.
12. PRIVACY POLICY
We respect your privacy. Our policy and practices and the type of information collected pertaining to
you and your Contacts are described in details in our Privacy Policy, which is incorporated by reference
into these Terms. If you intend to connect to, access or use Service or download and install the
Software, you must first read and agree to our Privacy Policy.
Videoscreen has the right but not the obligation to monitor any activity and content associated with the
Service. Videoscreen may investigate any reported violation of these Terms and take any action it deems
fit, including terminating your access and use of the Service without any prior notice. If Videoscreen
suspects that your activity violates any law or regulation, Videoscreen may report to the appropriate law
enforcement authorities or other third parties.
13. WARRANTIES
You hereby represent and warrant to Videoscreen that: (i) the information you have provided to Videoscreen
is complete and accurate, and (ii) you are above the age of thirteen (13). You shall update your account
information to maintain the accuracy of such information during the term of these Terms.
14. CHANGES TO THE SERVICE OR SOFTWARE
Videoscreen may change the Service’s layout and design and the availability of Content and functions
included therein or may change the form, features or nature or all or part of the Service from time to
time without providing any prior notice. Videoscreen may also temporarily or permanently cease or
discontinue providing any or all of the Service, support, updates and/or upgrades at any time. You
hereby agree and acknowledge that Videoscreen shall bear no liability with any of the foregoing.
15. DISCLAIMER OF WARRANTIES
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE SERVICE INCLUDING THE SOFTWARE LICENSED UNDER
THESE TERMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, Videoscreen MAKES NO GUARANTEE OR WARRANTY OF ANY
KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF
USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR IN CONNECTION WITH THE INSTALLATION, USE,
PERFORMANCE, RELIABILITY, ACCURACY OR QUALITY OF THE SERVICE, OR IN CONNECTION WITH TITLE,
NON-INFRINGEMENT, PRIVACY, NON-INTERFERENCE, OR AVAILABILITY IN ANY LOCATION, OR ANY WARRANTIES AND
RIGHTS IMPLIED UNDER THE US UNIFORM COMMERCIAL CODE, UCITA (UNIFORM COMPUTER INFORMATION TRANSACTIONS
ACT) OR COMMON LAW.
Videoscreen DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOUR CONTENT OR COLLECTED INFORMATION OR OTHER
INFORMATION WILL NOT BE LOST OR CORRUPTED, THAT INFORMATION CONTAINED IN THE SERVICE INCLUDING WITHOUT
LIMITATION PHONE NUMBERS, NAMES AND PHOTOGRAPHS WILL BE CURRENT, COMPLETE OR ACCURATE, OR THAT THERE
WILL NOT BE DAMAGE TO YOUR DEVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
USER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. Videoscreen DOES NOT
WARRANT, ENDORSE OR GUARANTEE, AND IS NOT RESPONSIBLE FOR, ANY ACTION OR NON-ACTION IN CONNECTION WITH A
THIRD PARTY, INCLUDING WITHOUT LIMITATION ADVERTISERS, PARTNERS, OTHER USERS OF THE SERVICE AND PARTIES
WHO OFFER SERVICES THROUGH THE SERVICE.
16. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THE
SERVICE. Videoscreen ASSUMES NO LIABILITY FOR YOUR USE OF THE SERVICE, AND YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, USE OF THE SERVICE, INCLUDING WITHOUT
LIMITATION THE DOWNLOADING OF THE SOFTWARE ON YOUR DEVICE AND THE UPLOADING, SHARING AND USE OF CONTENT,
IS AT YOUR OWN RISK.
Videoscreen WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES TO YOU OR TO ANY THIRD PARTY, IN CONNECTION
WITH OR RESULTING FROM ANY CAUSE WHATSOEVER.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL Videoscreen BE LIABLE FOR ANY DAMAGES
IN CONNECTION WITH THESE TERMS OR THE SERVICE, RESULTING OR ARISING FROM LOSS OR RECOVERY OF DATA,
GOODWILL, THE VALIDITY OR CORRECTNESS OF ANY CONTENT OR OTHER INFORMATION (INCLUDING COLLECTED
INFORMATION) STORED, PROCESSED OR TRANSMITTED VIA THE SERVICE, LOSS OF USE OR LOSS OF REVENUE OR PROFIT,
OR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING, WITHOUT
LIMITATION, ATTORNEYS’ FEES) OR OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF Videoscreen
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND EVEN IF THE POSSIBILITY OF SUCH
DAMAGES IS FORESEEABLE.
YOU HEREBY ACKNOWLEDGE AND WARRANT THAT YOUR USE OF ANY INFORMATION OBTAINED IN CONNECTION WITH YOUR USE
OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY
PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL AND CEASE YOUR USE OF THE SERVICE.
NOTWITHSTANDING THE ABOVE, IF Videoscreen IS FOUND TO BE LIABLE BY A FINAL JUDICIAL RULING, Videoscreen’S
TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY SHALL BE LIMITED TO THE SUMS ACTUALLY PAID BY YOU
TO Videoscreen (IF ANY) FOR THE SERVICE FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST CLAIM FOR
LIABILITY.
17. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Videoscreen, its officers, directors, employees and
agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts,
and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Service,
(ii) your violation of any term of these Terms, (iii) your violation of any third party right, including
without limitation any Intellectual Property, property, publicity, confidentiality and/or privacy right,
and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to
any third party with relation to the Service.
18. SUGGESTIONS
Should you provide Videoscreen with any suggestions or ideas (“Suggestions“) pertaining to the Service,
including bug fixes or improvements, Videoscreen will own all right, title and interest in and to the
Suggestions and will be free to use the Suggestions for any purpose without any liability or payment to
you. You hereby irrevocably assign all right, title and interest in and to Suggestions to Videoscreen, and
agree to provide Videoscreen with reasonable assistance, at Videoscreen’s cost, if such is required or
desirable in order to document, perfect and maintain Videoscreen’s rights in and to the
Suggestions.
20 MISCELLANEOUS
The Terms represent the complete agreement concerning the license granted and the subject matter herein.
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable. The failure of either party to enforce at any time any of
the provisions of the Terms will in no way be construed to be a present or future waiver of such
provisions, nor in any way affect the right of either party to enforce each such provision thereafter.
The express waiver by either party of any provision of the Terms will not constitute a waiver of any
future obligation to comply with such provision. Videoscreen may assign its rights and obligations under
the Terms to any third party at its sole discretion. You may not transfer or assign your rights and
obligations under the Terms without the prior written consent of Videoscreen.
21 UPDATES TO THESE TERMSS
Videoscreen reserves the right to update these Terms from time to time. In our sole discretion we may post
updates.
Updates to these Terms are effective as of the “Last Updated” date, and your continued use of the
Service on or after the Last Update date will constitute acceptance of, and agreement to be bound by
those changes.