Terms & Conditions

Terms & Conditions

Terms and Conditions for Robocall Guard

Welcome to Robocall Guard! We, Robocall Guard ("we," "our," "us"), are pleased to offer global telecommunication services to our Users ("you," "your") through our mobile applications ("Apps"), websites ("Websites"), application programming interfaces ("API"), and other tools and services ("Services"). These Terms of Service ("Terms" or "Agreement") and our Privacy Policy govern your use of the Services. By subscribing to or using any of our Services, you agree to be bound by these Terms. Additional guidelines, terms, or rules provided to you through the Apps or Websites are also incorporated by reference into this Agreement.

  1. Agreement

Welcome to Robocall Guard! These Terms and Conditions constitute a legal agreement between you and Robocall Guard regarding your use of our Services. By using the Services, including installing and/or downloading any of our Apps, visiting our Websites, or using any other Service, you agree to be bound by these Terms. By agreeing to these Terms, you represent and warrant that you have the right, authority, and capacity to enter into these Terms, and that you own or control the mobile or other device by which you are accessing the Services.

Applicability of Terms

These Terms also apply to any updates, supplements, and services made available by Robocall Guard that are not provided under a separate license or other agreement with us. If you do not agree to these Terms, do not install or use any App or Services. We may update these Terms from time to time. We will notify you of any update to the Terms that materially impact your use of the Services, your rights, or obligations. Such notification may be through an in-app notification or website notice, and your continued use of the Services will signify your acceptance of the updated Terms. If you do not agree with any updates, you must immediately discontinue use of the Services (including any Apps).

Consumer Rights Notice

Depending on the laws of the jurisdiction where you live, you may have certain rights that are in addition to these Terms, and certain provisions of these Terms may be unenforceable as to you. To the extent that any term or condition of these Terms is unenforceable to you, the remainder of these Terms shall remain in full force and effect.

Binding Arbitration and Class-Action Waiver

These Terms contain a binding, individual arbitration requirement and class-action waiver, which means you and Robocall Guard agree to resolve most disputes in binding, individual arbitration and not by means of a class arbitration, a class action, any other kind of representative proceeding, or a jury trial. You may opt out of the arbitration requirement within 30 days from the date when these Terms are notified to you; instructions for opting out are provided in Section 20 (Dispute Resolution; Binding Individual Arbitration) below

  1. Account Eligibility

Registration: To access and use the Services, you must create an account by providing a valid email address. Robocall Guard may send account-related notices via email or in-app messaging.

Age Requirements: You must be at least eighteen (18) years old to create an account and use our Services. If you are under the age of eighteen, you may only use our Services with the permission of a parent or legal guardian, who must create an account on your behalf. Your parent or legal guardian should review this Agreement with you and consent to the Terms before proceeding.

Parents and Guardians: If you grant permission for your child to use the Services through your account, you acknowledge and agree that you are responsible for supervising and monitoring your child's usage. If you suspect unauthorized use of your account by your child, please contact us immediately so we can take appropriate action.

Account Security: You are responsible for all activities conducted under your account. Safeguard the confidentiality of your account credentials and take necessary measures to secure your account. If you suspect unauthorized access to your account, change your password immediately and notify us promptly.

  1. Account Access

Equipment and Costs: To access and use the Services, you must provide and maintain, at your own expense, the necessary equipment, internet connections, devices (as defined below), and service plans. If you access our Services through a network or telephone carrier, be aware that additional rates and fees may apply. You are solely responsible for any charges incurred to access the Services from your device. We do not guarantee compatibility with your network or telephone carrier; please review your carrier's terms to determine any applicable fees or restrictions on VoIP transmissions. We do not guarantee the availability of Services in all languages or locations.

Device Definition: "Device(s)" refers to any electronic device owned or controlled by you that is used for storing, accessing, or transmitting electronic data. This includes, but is not limited to, cell phones, smartphones, tablets, smartwatches, and laptop computers.

Service Functionality: Our apps use various technologies to provide features such as blocking, forwarding, and screening. To use these features, you may need to enable certain settings or disable others on your device. Failure to adjust your settings as recommended may result in limited functionality of the Services. For detailed instructions, please refer to the Supplemental Terms.

  1. License Grant

Subject to your compliance with these Terms, Robocall Guard grants you a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to access, download, install, and use the Services on your device. This license allows you to use the Apps on your device for lawful, personal, and non-commercial purposes, in accordance with all applicable local, national, and international laws and regulations.

  1. Restrictions on Use

If you are unable to comply with the following restrictions, you must immediately stop using the Services. By using the Services, you agree that you will not:

  • Use the Services for any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable purpose. This includes, but is not limited to, any purpose that encourages conduct constituting a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law.
  • Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt any portion of the Services for any purpose.
  • Copy, modify, sublicense, transmit, distribute, adapt, improve, or create any derivative works from the Services, including the source code of the Services.
  • Probe, scan, or test the vulnerability of our Services or any system or network.
  • Upload viruses or other malicious code, or otherwise compromise the security of our Services.
  • Interfere with or disrupt the Services provided by Robocall Guard.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Create a false identity or otherwise attempt to mislead others as to the origin of communications using the Services.
  • Use the Apps in a manner for which they are not designed or intended.
  • Transmit any content that violates the intellectual property or proprietary rights of another, creates a privacy or security risk to any person, constitutes unauthorized advertising or spam, or in Robocall Guard's sole opinion is objectionable, offensive, or may expose Robocall Guard or its users to harm or liability of any type.
  • Use the Apps to create a product, service, or software that is directly or indirectly competitive with or a substitute for any services, products, or software offered by Robocall Guard.
  • Interfere with or disrupt the Services offered by Robocall Guard.
  • Fail to comply with the rules and policies established by Robocall Guard, which may include required or automated updates, modifications, and/or reinstallations of the Apps. These obligations survive the termination of this Agreement.

Robocall Guard shall not be responsible to you or any third party for your failure to comply with local, state, federal, or international laws.

  1. Intellectual Property Rights

The Services, including all designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Robocall Guard, are the property of Robocall Guard or its licensors. These elements are protected by United States and international copyright, trademark, patent, and other proprietary rights and laws related to Intellectual Property Rights. "Intellectual Property Rights" collectively refers to rights under patent, trademark, copyright, and trade secret laws, as well as any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including moral or similar rights.

Robocall Guard's names, logos, affiliated services, and trade names of its Apps are the exclusive property of Robocall Guard and/or its affiliates. All other trademarks (if any) appearing on Robocall Guard Apps and/or Services are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. The trade names, trademarks, and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner likely to cause confusion. Nothing contained herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trade names, trademarks, or service marks without our express prior written consent.

  1. Ownership of Your Account

Robocall Guard recognizes the owner of the phone number associated with the account as the sole owner of the account. You are fully responsible for all transactions and activities conducted through your account. You must contact us immediately and confirm in writing if you become aware of any unauthorized use of your account. As the sole and exclusive guardian of any password used to access the Services, you agree to maintain accurate, complete, and current information in connection with your subscription. To accommodate certain requests, we may require you to verify your ownership of an account by sending a verification code to the phone number on the account and/or by requesting reasonable documentation to prove your ownership of the number and account.

  1. Privacy

For information regarding how we handle your personal data, please refer to our Privacy Policy, which is hereby incorporated into these Terms by reference. If you use and/or access marketplaces that distribute the Apps, such as the Apple App Store and Google Play (hereinafter referred to as the "Third-Party Platforms"), you understand that your personal information may be collected by them. Such information is governed by the Third-Party Platforms' privacy policies, not Robocall Guard's.

  1. Updates to the Terms

We may update these Terms from time to time. If we do, we will notify you by revising the date at the top of these Terms. We encourage you to review the Terms regularly. Unless otherwise noted, the amended Terms will be effective immediately upon posting, and your continued use of our Services will signify your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services immediately.

  1. Modifications

Robocall Guard is continuously improving its Services, and as a result, we reserve the right to (i) add or remove functionalities or features of the Services; (ii) modify the Apps and Services; and (iii) suspend or stop Services at any time for any reason, without liability. When installed on your Device, the Apps will periodically communicate with our servers. We may require the updating of the Apps on your Device when we release a new version or when we make new features available to our users. This update may occur automatically or upon advance notice and may occur all at once or over multiple sessions. You acknowledge and agree that we may require your review and acceptance of our then-current Terms before you will be permitted to use any subsequent versions of the Services. You accept that any obligation we may have to support previous versions of the Services may end upon the availability of updates, supplements, or subsequent versions of the Services. We have no obligation to make any updates, supplements, or subsequent versions of the Services available to you.

  1. Access to Your Notification Settings

Certain Apps may request permission to use notifications during the setup and activation process to alert you of various actions (e.g., when a call is blocked or when a call recording is delivered). You can customize the types of notifications the Apps send from within the App or your Device settings. We may also send in-app notifications within the Apps to notify you of important updates to the Services or special promotional offers for our products. For more information, please refer to our Privacy Policy.

  1. Subscriptions; Auto-Renewal; Payment

Free Trial

Your subscription to the Services may start with a free trial. Restrictions may apply, especially for combinations with other offers. Free trials are for new users only. Robocall Guard reserves the right, in its absolute discretion, to determine your eligibility.

Subscriptions

You may purchase a subscription by downloading the App through a Third-Party Platform or by registering on our Websites. If the App offers a free trial, your paid subscription will begin at the end of the free trial period unless you cancel prior to the end of the free trial period in accordance with the cancellation terms set forth below. For subscriptions without a free trial, you will be billed immediately upon submitting your purchase. If we offer a discount for the first subscription period, you will pay the discounted fee; however, upon expiration of the discounted period, your subscription will automatically renew at the full rate, and you will be charged the full fee.

Automatic Renewal; Recurring Charges

To the extent permitted by applicable law, you agree that your subscription will automatically renew at the end of each subscription period unless canceled at least twenty-four (24) hours in advance of the expiration of your free trial or paid subscription. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic and recurring billing, and you agree to pay the charges made to your account in connection therewith. You will be billed on a recurring basis at the then-current applicable subscription price plus any applicable taxes at the start of each new subscription period. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until canceled by you in accordance with the Cancellation Section of this Agreement.

In-App Purchase

Robocall Guard may allow you to purchase subscriptions within the Apps. When you make in-app purchases, you will be billed by the Third-Party Platforms, not Robocall Guard. To turn off automatic renewal for subscriptions, access your Device’s account settings (not Robocall Guard’s). All billing inquiries should be directed to the respective Third-Party Platform.

Payment Processing

When you purchase a subscription—whether through a Third-Party Platform or directly through our Websites—payment may be processed by third parties who act on Robocall Guard’s behalf or on behalf of the Third-Party Platform. If you purchased an App through a Third-Party Platform and have a billing dispute, you must contact the applicable Third-Party Platform. If you subscribed and paid for the Services through one of our Websites, please Contact Us with any payment questions.

Refund Policy

If you have a paid subscription, you will not be entitled to any refund of an unused balance if you discontinue your subscription. There are no refunds on paid subscriptions once the charge has gone through for the billing period. All payments are non-refundable.

  1. Cancellation

You may discontinue your subscription by following the cancellation instructions provided by the Third-Party Platforms (Apple App Store or Google Play Store).

If you subscribed to the Services and created an account directly through one of our Websites and you do not wish for your account to renew automatically, or if you want to change or terminate your subscription:

  • For Robocall Guard: Log into your online account, click on Settings, then Manage Subscription, then Cancel Subscription and follow the instructions provided.

Cancellations will take effect at the end of the billing period in which your cancellation was made. For example, if you have a monthly subscription that began on the first of the month but canceled mid-month, your cancellation will take effect as of the beginning of the following month. If you live in the European Union or the United Kingdom and wish to cancel a subscription purchased through the Apple App Store, you may do so within fourteen (14) days. Please follow the process set forth in the Apple App Store. You understand that you cannot cancel your subscription or obtain a refund if you have downloaded an App and started using it. For additional information on canceling a subscription and/or deactivating your account, please refer to the Supplemental Terms.

  1. Term and Termination

Term

This Agreement begins when you start using the Services and continues as long as you use our Services or have a subscription (free or paid) with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with the subscription selected. With respect to Users who do not access the Services through a paid subscription plan: (i) Robocall Guard may terminate this Agreement at any time; and (ii) applicable Users may terminate this Agreement at any time by deleting their accounts.

Account Suspension or Termination

If you breach any of the Terms set forth herein, Robocall Guard may, at its option: (i) terminate this Agreement immediately, with or without advance written notice; (ii) suspend, delete, or limit access to your account (and other accounts you control); and (iii) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Robocall Guard deletes your account for breach, you may not re-register. Please Contact Us if you believe your account has been deleted by mistake.

Survival

The following sections will survive termination of the Services: Intellectual Property Rights, Ownership of Your Account, Disclaimer of Warranties, Limitations of Liability, Indemnification, Dispute Resolution, Binding Individual Arbitration, Governing Law, and General Provisions

  1. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES, PRODUCTS, OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON ANY OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. ROBOCALL GUARD DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, NON-INFRINGEMENT, TECHNICAL COMPATIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICES, PRODUCTS, OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. ROBOCALL GUARD ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ITS BLOCKING ACTIVITIES, ANY INFORMATION PROVIDED BY THE SERVICES REGARDING ANY CALLER, ANY LOST CALL DATA, OR THE LEGALITY OF THE USE OF ANY OF THE SERVICES IN ANY PARTICULAR STATE OR IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.

  1. Limitations of Liability

ROBOCALL GUARD, ITS AFFILIATES, AND SUBSIDIARIES 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 THE SERVICE REGARDING ANY CALLER. ROBOCALL GUARD, ITS AFFILIATES, AND SUBSIDIARIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF ROBOCALL GUARD HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROBOCALL GUARD, ITS AFFILIATES, AND SUBSIDIARIES ARE 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 AND IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. ROBOCALL GUARD, ITS AFFILIATES, AND SUBSIDIARIES 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. ROBOCALL GUARD 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 SERVICE IN ANY COUNTRY.

  1. Indemnification

You agree to indemnify, defend, and hold Robocall Guard, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any Third-Party Service Providers to the Services, 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 Services in violation of this Agreement.

  1. Machine Learning Technologies

Robocall Guard is continuously developing new technologies and features to enhance our Services. For example, we may utilize artificial intelligence and machine learning ("AI") to provide simultaneous transcriptions and improve spam detection by informing our algorithms. For more information on how we use data to enhance our Services using AI, please refer to our Privacy Policy. For support, visit Robocall Guard support at support@robocallguard.com

  1. User-Generated Content

Submission of User Content

Our Services may allow you to submit photos, videos, information, graphics, images, text, app store reviews (including your public-facing username), audio recordings, captions, and comments ("User Content"). This User Content can be uploaded, transmitted, or posted within the Services, on Robocall Guard’s social media pages, or on third-party applications such as Facebook, Twitter, Instagram, or other related platforms ("Social Media"). Submitting User Content does not require a purchase from Robocall Guard. By submitting User Content, you agree to be bound by these Terms, our Privacy Policy, and the terms of any applicable Social Media platform.

Your Representations

By submitting User Content, you represent and warrant that:

  • You are not a minor or are the parent/guardian of any minors depicted in your User Content.
  • You have the full right, power, and authority to agree to these Terms and grant the rights described herein.
  • You own all rights to your User Content and have obtained all necessary permissions from others who may have rights to the content.
  • Our use of your User Content and name/likeness will not violate any third-party rights or laws.
  • Your User Content is not confidential, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or otherwise unlawful.
  • Your User Content submission does not violate any laws or Social Media platform requirements.
  • Our use of your User Content does not require any payment or additional permissions from any third party.

You also represent that you have obtained consent or permission from anyone appearing in or owning rights to your User Content.

Release

You fully release, discharge, and agree to hold Robocall Guard and its representatives harmless from any liability related to our use of your User Content and your name/likeness.

User Content License

You grant us an irrevocable, perpetual, worldwide, and unlimited right to use your User Content without any royalty payments. We may use, copy, modify, edit, publish, create derivative works from, and display your User Content for any business-related purpose, including promotional and marketing purposes. We may also use your username, real name, image, likeness, caption, location, or other identifying information in connection with any use of the User Content. While we may monitor User Content submissions, we are not obligated to do so, and you acknowledge you have no expectation of privacy regarding your submissions.

Waiver

You waive any rights in the User Content, including moral rights, performance rights, or equivalent rights under any current or future laws.

Promotional Use

If you prefer that we do not use your User Content for promotional purposes, please contact us.

Miscellaneous

You agree to sign any necessary documentation to protect or enforce the rights you have granted us. We have no obligation to use your User Content and may remove it at any time for any reason. Our use of your User Content does not imply endorsement or affiliation.

For any questions or further information, please contact us.

  1. Dispute Resolution; Binding Individual Arbitration; Governing Law

Please Read Carefully

This section requires you and us to arbitrate certain disputes and claims, limiting the manner in which you and we can seek relief. Arbitration precludes you and us from suing in court or having a jury trial. You and we agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. Both parties waive the right to trial by jury.

The intent of these terms is to reduce the financial burdens of dispute resolution and not to delay the adjudication of any party’s claims.

Opting Out of Arbitration

Follow the instructions below if you wish to opt out of the requirement to arbitrate on an individual basis.

Claims Subject to Arbitration

The dispute resolution and binding arbitration terms apply to all claims between you and us. A "Claim" is any dispute, claim, cause of action, or controversy between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that arises from or relates to these Terms or our Services, including privacy or data-security issues.

Informal Dispute Resolution Prior to Arbitration

Before initiating arbitration, both parties must attempt to resolve the claim informally to expedite resolution and reduce costs. You and we will negotiate in good faith for 45 days or longer if mutually agreed in writing. If a dispute arises, send a written notice ("Claimant Notice") to us by certified mail to Via Nino Bonnet 10, 20154 Milan, Italy or by email to bspoperations@legalmail.it. We will send any Claimant Notice to you using the contact information you provided. The Claimant Notice must include the sender's contact details, describe the nature and basis of the claim, and specify the relief sought. Arbitration cannot be initiated before the end of this period.

The statute of limitations and filing-fee deadlines for a claim will be tolled during this period.

Claims Subject to Binding Arbitration; Exceptions

Except for small-claims court disputes and intellectual property disputes, all unresolved claims will be settled by binding arbitration, not in court.

Binding Individual Arbitration

Claims will be adjudicated by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), according to the Federal Arbitration Act (FAA) and NAM’s Comprehensive Dispute Resolution Rules and Procedures. If NAM is unavailable, arbitration will be conducted by the American Arbitration Association (AAA). The arbitrator will have exclusive authority to make procedural and substantive decisions regarding any claim.

Arbitration Procedure and Location

To initiate arbitration, file a demand for arbitration with NAM (or AAA if applicable). Send a copy of the demand to us by certified mail to Via Nino Bonnet 10, 20154 Milan, Italy or by email to bspoperations@legalmail.it. The arbitration will be conducted by a single arbitrator in English. For claims seeking USD $10,000 or less, the arbitrator may decide solely based on written submissions unless a formal hearing is deemed necessary. For claims seeking more than USD $10,000, hearings will be conducted by video or telephone, unless an in-person hearing is required. In-person hearings for U.S. residents will take place in New York, New York, unless this poses a hardship, in which case the hearing may be held in the claimant’s location. Non-U.S. residents' hearings will be determined by the applicable rules.

Arbitration Fees

Each party will be responsible for arbitration fees as per the applicable rules, with exceptions for frivolous or improper claims and offers of settlement.

One Year to Assert Claims

Any claim must be filed within one year of its occurrence; otherwise, it is permanently barred.

Confidentiality

Both parties agree to seek protection for any confidential information exchanged during arbitration.

Coordinated Filings

Claims involving 25 or more similar Claimant Notices with coordinated counsel will be treated as "Coordinated Claims" and subject to a bellwether process. The process involves selecting 20 claims for arbitration to test the merits of the arguments. Following the bellwether process, a mediation will be held for remaining Coordinated Claims. If unresolved, these claims must be resolved according to section.

Opting Out of Arbitration

You may opt out of binding arbitration within 30 days by sending an opt-out notice to bspoperations@legalmail.it or Via Nino Bonnet 10, 20154 Milan, Italy. Include your full name, address, email, and intent to opt out. Opting out will revert you to the prior arbitration agreement, if applicable.

Rejection of Future Arbitration Changes

You may reject future changes to this section by notifying us within 30 days. If you reject changes, the most recent version of this section that you have not rejected will apply.

Severability

If any part of this section is found unenforceable or unlawful, it will be severed, and the remainder will remain in effect. Class or representative claims will be litigated in court, not arbitration, and stayed pending individual claims in arbitration.

Governing Law

This agreement and any modifications will be governed by New York State law without regard to conflict of laws principles.

  1. Third-Party Usage

Third-Party Platforms

You acknowledge that our Apps interact with Third-Party Platforms, which have their own terms and conditions governing your usage. Failure to adhere to these terms may lead to termination of your Third-Party Platform account and restricted access to certain features of our Apps.

Third-Party Service Providers

You understand that Robocall Guard utilizes trusted third-party services, including APIs, logins, telecom providers, transcription services, marketing partners, and infrastructure integrations, collectively referred to as “Third-Party Service Providers,” to enhance our Services. These providers assist us in marketing, operating our business, providing customer service, and internal analytics tools. For details on how we share information with these providers, refer to our Privacy Policy.

Third-Party Links

Our Services may include access or links to external websites, platforms, or resources provided by Third-Party Service Providers. You acknowledge that we have no control over these external resources and that Robocall Guard does not endorse or assume responsibility for their content, products, or services. We are not liable for any damage or loss arising from the use of or reliance on third-party content, goods, or services available through these links. Additionally, Robocall Guard is not responsible for providing customer service for Third-Party Service Providers.

  1. General Guidelines

Compliance

Robocall Guard users are responsible for ensuring compliance with all relevant laws and regulations in their respective jurisdictions when using the service and offering products based on it. Users agree not to submit any data to Robocall Guard that is protected under special legislation and requires unique treatment, such as (i) data categories outlined in European Union Regulation 2016/679, Article 9(1), or similar regulations in other jurisdictions; and (ii) any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), or similar legislation in other jurisdictions, unless a separate HIPAA Business Associate Agreement is entered into between the user and Robocall Guard.

Call Recording Feature

Users are advised that certain states or countries may have laws prohibiting the recording of calls without consent from all parties involved. Failure to comply with these laws may result in criminal or civil liabilities. By using Robocall Guard, users agree (i) to adhere to all applicable laws and regulations, including obtaining consent to record where required; and (ii) acknowledge that Robocall Guard bears no liability for non-compliance with these laws and regulations.

Export Controls

Users acknowledge that the Services and underlying information and technology are subject to United States and international laws governing import, export, downloading, and use. Users agree to abide by these laws and regulations when downloading or using Robocall Guard.

Artificial Intelligence and Machine Learning Technologies

Robocall Guard employs artificial intelligence and machine learning technologies to enhance its services, such as simultaneous transcriptions and spam detection. For details on how user information may be used to improve services using these technologies, refer to the Privacy Policy.

Copyright Notice

Robocall Guard respects the rights of copyright holders and expects its users to do the same. Upon notification of copyright infringement, Robocall Guard will take appropriate action to remove infringing content and may disable access to services for repeat offenders. If you believe that Robocall Guard or any of its elements infringe your copyright rights, please contact Robocall Guard. For general inquiries, users can reach out to the Robocall Guard support team at support@robocallguard.com

Copyright Infringement Notice

If you believe that any content on Robocall Guard infringes your copyright, please ensure your communication includes the following:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
  • A description of the copyrighted work that you claim has been infringed.
  • Details of where the infringing material is located within the Service.
  • Your address, telephone number, and email address.
  • A statement confirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement confirming that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice to Government End Users

Any services or Apps provided by Robocall Guard or its affiliates to the United States Government are subject to Restricted Rights as "commercial Items." The United States Government shall only have the rights specified in the license contained herein and is subject to restrictions on use, duplication, or disclosure as set forth in applicable regulations.

Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

Integration

This Agreement constitutes the entire agreement between you and Robocall Guard with respect to the Services provided, superseding all prior agreements.

Force Majeure

Robocall Guard shall not be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control.

Language

All communications pursuant to these Terms shall be in English.

Storage Practices

We advise users to maintain adequate backups of call recordings and voicemail transcripts. Robocall Guard may establish practices and limits on data retention and storage space, reserving the right to change them at any time. Users bear sole responsibility for backing up their data.

Consent to Communications

By entering into this Agreement, you consent to receive communications from Robocall Guard regarding the operation of the Services, your account, and other services or products deemed of interest. Opt-out options are available for certain communications, but important account-related notifications cannot be opted out of.

Contact Us

For any questions or inquiries, please visit support@robocallguard.com