1. Scope of the Terms of Service
This is a legal agreement (“the Agreement”) between Juphoon System Software Co., Ltd. (“Juphoon” or the “Company” or “we” or “us” or “our” or other similar pronouns) and users (“You”) of text services or features of Dual Phone (hereinafter referred to as the “Software”), which are provided by the company. Please read the Agreement carefully and decide whether to accept it (a minor shall be accompanied by his or her legal guardian when accepting the Agreement). You are not allowed to download, install or use the software or related services unless you accept all the terms and conditions of this Agreement. By accepting the Agreement, you are consenting to, and agreeing to be bound by the terms of this Agreement. We reserve all rights not expressly granted to you.
2. Service Description
The Services are a community-oriented service. Please remember that any Content that You post, submit or otherwise communicate to or through the Services are Your own responsibility and We expect You to take utmost care to ensure that it remains friendly, courteous, respectful of others and is compliance with this Agreement. You are required to comply with all applicable laws in connection with your use of the Services and such further limitations as may be set forth in this Agreement and in any written or on-screen notice from Dual Phone. You may not use the services for any purpose that is unlawful or prohibited by this Agreement or that otherwise harms Dual Phone, its affiliates, its App Providers or customers.
3. Outbound Terms
These Outbound Terms govern your use of the outbound SMS and voice features which may be made available to you (the “Outbound Service”). Your use of Apps is governed separately under the License. Your use of the Inbound Service is governed under the Inbound Terms. These Outbound Terms incorporate by reference the Privacy Policy. These Outbound Terms control in the event of any conflict with the Privacy Policy.
Requirements. An Internet connection is required to use the Outbound Service. You are solely responsible for any fees and costs associated with that Internet connection Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the App. The Outbound Service may use carrier SMS features on a limited basis and standard text messaging rates or other carrier charges may apply. You are solely responsible for all fees and charges imposed by carriers and for compliance with your agreements with your wireless carrier. You hereby authorize and grant to Outbound Provider a license to use, copy, transmit, distribute, store and cache all data sent and received through your use of the Outbound Service, to sublicense those rights to its service providers only for so long as necessary to provide the Outbound Service to you, and to disclose the same as required or permitted under applicable law. Outbound Provider may provide the Outbound Service to you directly or through its providers. You hereby acknowledge that Outbound Provider may collect, and you hereby grant to Outbound Provider the right to collect and use, Contact Data, Personal Data and Anonymous Data (as defined in the License) solely for your use of the Outbound Service and as otherwise required by applicable law. Licensor may serve as the agent of Outbound Provider to provide the Outbound Service.
Limitations on Use. You acknowledge and agree that: (i) the Outbound Service does not have all the capabilities of wired and wireless communication services and, as such, it is not a replacement for your wired or wireless phone or telephone service; (ii) depending on your App, texting of short codes may not be supported; (iii) certain features are may be limited, suspended, blocked or restricted by geography, number, duration or other criteria as determined by Outbound Provider at any time in its sole discretion and without liability to you. You acknowledge and agree that: (i) you may not transfer or assign your rights under these Outbound Terms; (ii) you will not engage in any activity that interferes with or disrupts the Outbound Service (or the servers and networks which are connected to the Outbound Service); and (iii) you will not transmit any communications that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, cannabis or prescription medication, harmful to minors or that may violate or infringe the rights or privacy of third parties, as determined by Outbound Provider in its sole discretion. You acknowledge and agree that outbound SMS messaging may be limited by your outbound provider if the number of outbound messages sent exceeds the number of inbound messages you receive.
For the United States or Canada, these messages can't be sent either. (i) High-risk financial services: Payday loans, Short term high-interest loans, Third-party loans (e.g., auto, mortgage), Student loans or Cryptocurrency. (ii) Third-party lead generation services: Companies that buy, sell, or share consumer information. (iii) Debt collection or forgiveness: Third-party debt collection, Debt consolidation, Debt reduction or Credit repair programs. (iv) "Get rich quick" schemes: Deceptive work-from-home programs, Risk investment opportunities or Pyramid schemes. (v) Illegal substances/articles: Cannabis (United States), CBD (United States) or Fireworks. (vi) Prescription drugs: Drugs that require a prescription. (vii) Gambling: Casino apps or Gambling websites. (viii) "S.H.A.F.T." use cases: Sex, Hate, Alcohol, Firearms or Tobacco.
Data. Anonymous Data, Contact Data and Personal Data may be provided to Outbound Provider by Licensor for the purpose of providing the Outbound Service to you. In addition, traffic and location data may be collected and used to provide the Outbound Service and are stored in accordance with applicable law. You may have Outbound Provider remove your Personal Data from its systems by terminating your account as provided below.
4. Inbound Terms
These Inbound Terms govern your use of the inbound SMS and voice features and related phone number, if made available to you (the “Inbound Service”). Your use of the Outbound Service is governed separately under the Outbound Terms. These Inbound Terms incorporate by reference the Privacy Policy. These Inbound Terms control in the event of any conflict with the Privacy Policy.
Requirements. An Internet connection is required to use the Inbound Service for most Apps. You are solely responsible for all fees and charges imposed by carriers and for compliance with your agreements with your wireless carrier. You hereby authorize and grant to Inbound Provider a license to use, copy, transmit, distribute, store and cache messages and other content sent and received through your Account with the Inbound Service, to sublicense those rights to its third party providers only for so long as necessary to provide the Service to you, and to disclose the same as required or permitted under applicable law. Inbound Provider may provide the Inbound Service to you directly or through its providers and/or agents, including but not limited to Licensor.
Limitations on Use. In addition to any other limitations in the App-Specific Terms, the following limitations on use also apply to your use of Apps and Services. You acknowledge and agree that: (i) while the Inbound Service enables inbound SMS and inbound voice reception features, it does not have all the capabilities of wired and wireless communication services and, as such, it is not a replacement for your wired or wireless phone or telephone service; (ii) certain features may be limited, suspended, blocked or restricted by geography, number, duration or other criteria at any time and without liability to you. You acknowledge and agree that: (i) you will use the Inbound Service only for yourself, with your true identity, and for lawful purposes and in compliance with applicable law; (ii) you may not transfer or assign your account or the phone number made available to you other than to Licensor; and (iii) you will not engage in any activity that interferes with or disrupts the Inbound Service.
Data. Anonymous Data and Personal Data may be provided to Inbound Provider by Licensor for the purpose of providing the Inbound Service to you. In addition, traffic and location data may be collected and are used to provide the Inbound Service and are stored in accordance with applicable law. You may have Inbound Provider remove your Personal Data from its systems as discussed in the Base Terms and by terminating your account as provided below.
Ownership. All rights, title, and interest, including all intellectual property rights, in and to the Inbound Service and phone numbers made available to you (collectively, "Dual Phone Property") are owned by Licensor or its suppliers and, as an express condition to your use of the Inbound Service, you hereby (i) agree not to claim, and expressly waive, any right, title or interest in any Dual Phone Property; and (ii) irrevocably assign to Licensor any and all or your present and future rights, title or interests in any Dual Phone Property.
5. How We Handle Violations
When we identify a violation of these principles, to protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to suspend or remove access to Dual Phone for customers that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area or applicable communications industry guidelines or standards, in some instances with limited notice in the case of serious violations of this policy.
You acknowledge and additionally agree that, in accordance with the Privacy Policy, we reserve the right to disclose any information, including your identity, as necessary to satisfy any legal, regulatory or other governmental request, and further, to cooperate with App Providers for the purposes of discouraging and resisting abuses of acceptable use policies.