Termos de Serviço
Terms of Service
Date of Last Update: 11 June 2024
Getverify LDA (“Getcontact”, “our,” “we,” or “us”) aims to provide a seamless communication channel driven by the power of mobile identity and verification services. As Getcontact we offer real-time chat for sending text messages and media, video calling, VoIP calling, community forums and integrated caller ID service for the active blocking of spam and unwanted calls with the ability to integrate your social media profile and search contacts within our directory as well as channel service that allows the Getcontact users to share text, audio recordings, photos, videos and locations to Getcontact users who join the channel.
This contract and all its provisions are in English. This Agreement and all of its provisions may be translated into any language other than English, provided that the English text prevails in the event of any execution, interpretation, controversy or judgment.
Additionaly you may usedigital SIM services that allow the activation of a mobile data plan from a network provider without having to use a physical SIM card.
In addition, within the context of Getcontact Telco Services (“Telco Services”), you may benefit from the services such as;
- Assistant Service: The Assistant Service (hereinafter referred to as "Assistance Service" or “Assistant”) provides you with the capability to forward calls when your phone is turned off, unreachable, busy or missed, get information about calls before you answer them, and know who is calling. It allows to access a conversation between the Assistant and the caller. The Assistance Service allows you to receive answers to calls by asking pre-recorded interactive questions that can be customized, and to communicate those answers to you.
- Call Manager Feature: In addition to Assistant service, you may benefit from the service of answering calls when your phone is on the airplane mode (requires wifi connection). (This service is only available for devices using Android operating system.). Depending on the operator's technical capabilities, it allows you to see the numbers of incoming calls from a hidden number. It allows you to see the caller ID of the callers on the screen, even if it is not saved in your contacts.
- Personal Asisstant Feature: (i)Our Assistant Service may record sound and text interactions between the caller and the Assistant for purposes including, but not limited to, enhancing the quality of our services, and for confirming details of the call. Users will have the ability to access, review, and listen to these recordings within the Getcontact application.
(ii) By enabling the Assistant Service, you consent to the recording and storage of these interactions by Getcontact or third parties service providers. - AI Assistant Feature: "AI Assistant," a cutting-edge addition to our Telco Services. This premium feature employs sophisticated ChatGPT technology to intelligently prioritize incoming calls, considering the caller's identity and their reason for calling. The AI Assistant is tailored to improve user experience by streamlining call management.
You can find the details of Telco Services here.
Beside our Telco Services, we also offer a platform (“Platform”) which allows you and others to create, view, interact with, and share content, and interact with others. In addition to Terms of Service and General Terms provided hereunder, in case you also choose to use the Platform, you shall then accept the specific terms for the Platform (“Platform Specific Terms”). Platform Specific Terms are an integral part of this Terms of Service and General Terms.
We will have an who searched your number section within our Services. Where we have made settings available, we will honor the choices you make about who search your number. Subject to your settings, Your information can be fully visible or anonimized (private mode as anonymous user) when you search a number. You can anonimize (private mode as anonymous user) your search. If you have a premium subscription, you will clearly see who is searching your number, and if the person searching you is a public profile, you will see who it is, if anonymous, you will see it as an anonymous name.
Our services include an SMS spam protection feature that filters SMS and MMS messages from unknown senders who are not in your device’s contacts. Messages identified as spam are categorized as either spam, transactional, or promotional and automatically moved to a designated spam folder. By enabling this feature and granting us permission, you agree to allow us to filter and categorize incoming SMS messages. By enabling this feature, you also consent to Getcontact accessing and filtering SMS and MMS messages from senders who are not in your device’s contacts.
Please read our Terms of Service so you can clearly understand how we operate and what conduct we expect from you when using our service. You agree to our Terms of Service by installing, accessing, or using the Getcontact mobile application, features, software, Platform or website (together, “Services”). You can choose not to enjoy the Services if you do not want these Terms to apply.
This Terms of Service (“Terms”) (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms of Service, (ii) General Terms, (iii) Privacy Policy, and, (iv) Getcontact Community Regulations, (v) Service Specific Terms – Telco, (vi) Service Specific Terms – AI Chatbot, (vii) Platform Specific Terms, (viii) Getcontact Second Phone Number Service Agreement.
Any material uploaded to Getcontact by any user of Getcontact (“User” or “Getcontact User”) including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever (“Content”) can be share through Getcontact by Getcontact User.
NO ACCESS TO EMERGENCY SERVICES: Our Services do not provide access to emergency service providers. Make sure you can contact emergency service providers through a mobile, fixed-line telephone, or other service.
Some features of our Services may be subject to additional terms and conditions, which you should read and consent before making use of those features. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.
On the condition that you comply with all your obligations under these Terms, including, but not limited to, the User Code of Conduct listed below, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to utilise Getcontact Services, through a mobile device or application.
Any other use contrary to our purpose is strictly prohibited and a violation of the Terms. We reserve all rights not expressly granted in the Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our Services, and all related items.
The Verified Business Profile Agreement encompasses the guidelines for Getcontact users seeking to acquire a Verified Business Profile. It enhances the visibility and credibility of businesses on the platform by awarding a Business Verification Profile. The Business Verification Profile service also enables access to features like promotional tools and profile customization, with compliance to specific terms and conditions. For comprehensive information, please refer to the Verified Business Profile Agreement.
Termination
The license for use of the Services provided herein is effective until terminated. You may terminate your license at any time by removing the Getcontact mobile application from your devices. This license will terminate upon conditions set forth elsewhere within the Terms or if you fail to comply with any of the Terms. In such event, no notice shall be required by Getcontact to effect such termination.
Premium Services
Our Getcontact mobile application is offered to you free of charge. However, we may offer in the future access to various features, functionality, and services which are in addition to the features and functionality available with a free account. Getcontact may charge fees for such access (“Premium Services”) either directly, via our third-party payment providers or through an App store such as, but not limited to, the Apple App Store or Google App store. Please find further information related to our Premium Services in our Purchase Policy and Privacy Policy and Clarification Statement Regarding the Processing of Personal Data (“Privacy Policy”) .
Upon selecting Premium Services, you agree to pay the applicable fees (including, without limitation, periodic fees for Premium Services) as they become due plus all related taxes. You may cancel your Premium Services account by unsubscribing from the Service before your renewal date. Cancellation will end billing and remove your access to the Premium Services at the end of your current billing. All fees and charges are non-refundable and there are no refunds or credits for partially used periods.
Eligibility
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you:
- are 18 years of age or older;
- are not currently residing in a prohibited territory restricted from the Services
- have full power and authority to enter into our Terms;
- will not violate any rights of Getcontact including intellectual property rights such as copyright or trademark rights; and
- agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
You are allowed to use our Services and its content only for legal, authorized and acceptable purposes in accordance with applicable law.
You are prohibited from storing, distributing, or transmitting any unlawful material throughout Services, otherwise you may be subject of criminal, civil or other liability under applicable law.
You agree that if a third-party claims that material (including comments left on a personal user profile) posted by you on our Services or transmitted in any way by you using our Services, is illegal, you will bear the burden of proof that such material is lawful. You acknowledge and agree that all materials publicly posted or privately transmitted on or through this Service are the sole responsibility of the sender, and not of Getcontact. You are responsible for all material you upload, publicly post or otherwise transmit to or through this Service.
Privacy
You acknowledge that you have read our Privacy Policy. Our most recent updated Privacy Policy can be found here.
Getcontact Code of Conduct
Any fraudulent, abusive, or otherwise illegal activity, or violation of our Code of Conduct is grounds for termination at Getcontact’s sole discretion, and you may be reported to appropriate authorities. By using the Services, you accept to comply and bound with Getcontact Community Regulations, Service Specific Terms – Telco, Service Specific Terms – AI Chatbot, Platform Specific Terms, Getcontact Second Phone Number Service Agreement. In any event, we do not tolerate any of the following conduct:
- Do anything illegal;
- Do anything that violates applicable anti-money laundering, counter terrorist financing, export controls and economic sanctions laws or regulations;
- Negatively impact the enjoyment of other users;
- Breach of your local laws;
- Engage with minors in an exploitative or inappropriate way;
- Undermine the platform’s operations or security;
- Extract any data or content from the platform using any automated system or software; or
- Use or attempt to use another user’s account without authorisation.
- Be dishonest or act in a fraudulent manner by uploading inappropriate, inaccurate, or objectionable content;
- Your posts do not contain written, visual, audio, etc. elements that are in any way hurtful, humiliating, or subjecting others to hostility,
- Your posts contain other people's honor and dignity, professional and commercial reputation, secrets, name, voice and official and private life, personal data,
- Publish inaccurate information in the designated fields on the profile form or comment forms;
- Create a user profile for anyone other than yourself as a natural person;
- Create a false identity or otherwise misrepresents your or another true identity;
- Harassment, insult or harm to another person / User;
- Upload a profile image that is not yours;
- Do not use Getcontact except for your own personal use and do not sell, rent, transfer, or share your account or any content obtained from your use of Getcontact to or with anyone else.
- Show, include or exploit any individual under 18 years old, for example by exposing them to inappropriate content
- Shows, promotes, advertises or refers to following:
- firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
- drugs or drug paraphernalia;
- is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
- involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
- the use of swearing and vulgar language is not permitted on the Getcontact comment forms, this includes attempts to sidestep the automatic profanity filters and the use of slang acronyms that contain swear words;
- the posting of anything that could be perceived as discriminatory, gross or offensive, such as racist, sexist, pornographic, profane, political, religious, vulgar, derogatory, hateful, or threatening in content;
- Spamming and flooding of comment forms are not permitted. Please also avoid double-posting and creating duplicate comments;
- the posting of chain letters, solicitations, pyramid schemes, advertisements or any third-party links;
- the posting of messages that support or condone any illegal activities, such as drug use, piracy, hacks or act of terrorism;
- the posting of anything that could be considered libelous or defamatory;
- Do not use Getcontact to stalk, bully, abuse, harass, threaten or intimidate anyone else.
- Respect the intellectual property rights of Getcontact Users, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their content without authorization.
- Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
- Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
- Do not record video calls, and do not share, transfer, or send them to any third parties in any manner. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Services;
- Adapt, modify or create derivative works based on the Services or any underlying technology;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Services;
- Collect, use, copy, sell, distribute or transfer any information, including, but not limited to, Personally Identifiable Information obtained our Services except as expressly permitted in the Terms or as the owner of such information may expressly permit;
- Use manual or automated software, devices, scripts, bots, robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or to add or download contacts;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; and
- Engage in any action that directly or indirectly interferes with the integrity of our Services, including but not limited to any attempts to access or hack our servers or network.
- Breach of applicable laws.
Indemnification
You indemnify us and hold us harmless and/or reimburse us for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with our Terms (including General Terms, Getcontact Community Regulations, Service Specific Terms – Telco, Service Specific Terms – AI Chatbot, Platform Specific Terms , Getcontact Second Phone Number Service Agreement), and Privacy Policy, including, without limitation, that anything you submit or contribute violate the rights of any third party or applicable laws; (2) any use or content you submit via our Services; (3) any activity in which you engage on or through the Services and (4) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any claim.
You agree to indemnify and hold Getcontact, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content, data, or information you submit, contribute, post to or transmit to or through the Services and your use of or connection to same, your violation of the Terms of Use, or your violation of any rights of another person or entity.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND GETCONTACT, OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GETCONTACT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE, QUIET ENJOYMENT OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GETCONTACT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR AVAILABLE ON, IN OR THROUGH THE GETCONTACT MOBILE APPLICATION AND OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GETCONTACT MOBILE APPLICATION OR SERVICES OR THE SERVERS THAT MAKE SUCH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GETCONTACT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ALTHOUGH GETCONTACT MAKES EFFORTS TO PREVENT PERSONALLY IDENTIFIABLE INFORMATION FROM BEING DISCLOSED, GETCONTACT MAKES NO WARRANTY FOROTHER USERS WHO SUBMIT CONTACT INFORMATION FOR YOU AND OTHERS.AS PART OF THE CONTACT SHARING ASPECT OF OUR SERVICES, WE MAY PROVIDE SELECTED PERSONAL PROFILE INFORMATION WHICH MAY BE VIEWABLE TO OTHER USERS OR MEMBERS IN OUR DIRECTORY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE, WE MAY INCLUDE LINKS TO OTHER THIRD PARTIES AND THAT GETCONTACT HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR CONDUCT OF SUCH THIRD PARTIES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US RELATED TO THIRD PARTIES.
Limitation of Liability
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SERVICES OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH USE OF, OR INABILITY TO USE THE GETCONTACT SERVICES.
WE WILL NOT BE RESPONSIBLE TO ANY USER FOR THE DISCLOSURE OF INFORMATION ABOUT THE PRIVATE LIFE OF A CITIZEN AS A RESULT OF THE USER'S ACTION IN THE PROCESS OF USING THE SERVICE. WE EXPECT THAT FROM TIME TO TIME EVERY USER WILL CHECK HIS DATA CONTAINED ON SERVICES, AND TO THE EXTENT POSSIBLE FROM THE FUNCTIONING OF CERVICE, WILL DELETE OR REQUEST THE DELETION OF INAPPROPRIATE DATA.
Misuse of the Getcontact Services
Getcontact along with its respective partners and affiliates reserve the right to investigate suspected violations of our Terms and may seek to gather information from the user who is suspected of violation, and from any other user. We will collect and use any such information in accordance with our Privacy Policy.
In its sole discretion, Getcontact may restrict, suspend, or terminate the account of any User who abuses or misuses the Services. Misuse for example may include, without limitation, creating multiple or false accounts; using the Site or infringing any intellectual property rights, violating any aspect of the Terms (including Getcontact Code of Conduct, Getcontact Community Regulations, Privacy Policy, Service Specific Terms – Telco, Service Specific Terms – AI Chatbot, Platform Specific Terms, Getcontact Second Phone Number Service Agreement) or any other behaviour that Getcontact, in its sole discretion, deems inappropriate.
BY ACCEPTING OUR TERMS OF USE, YOU WAIVE, REIMBURSE AND HOLD HARMLESS GETCONTACT, ITS RESPECTIVE PARTNERS AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GETCONTACT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GETCONTACT OR LAW ENFORCEMENT AUTHORITIES.
General Terms
1. Terms of use
1.1 Please read these General Terms carefully before you start to use our Services.
1.2 By using our Services, you confirm that you accept our Terms and that you agree to comply with them.
1.3 By using our Services, you confirm that you accept Getcontact Code of Conduct, in particular, you agree not to disclose information about the privacy of any third parties.
1.4 If you do not agree to these terms of use, please do not install or register your profile with the Getcontact mobile application.
2. Other applicable terms
2.1 Your use of the Getcontact Services is subject to these terms in their entirety and by using our Services you agree to be bound by them.
2.2 You need to register with us to fully access our Services and provide as a minimum your real name, e-mail address, and mobile number. The details provided by you on registration or changed at any later time must be correct and complete.
2.3 Our use of your personal information is governed by our Privacy Policy found here.
3. Severability
Each of the provisions of these Terms are distinct and severable from the others. If at any time one or more of those provisions is or become invalid, unlawful or unenforceable (whether wholly or partly), the validity, lawfulness and enforceability of the remaining provisions (or the same provision to any other extent) will not be affected or impaired in any way.
3.2 We may agree to amend these Terms of use in order to ensure the terms are valid, lawful and enforceable.
4. Information about us
4.1 Avenida do Infante, no. 50, 9004-521 Funchal (São Pedro) Madeira, Portugal
5. Changes to these terms
5.1 We may revise these Terms at any time by amending this page.
5.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
6. Accuracy of our Services
6.1 We cannot guarantee that our Services, or any content on it, will be free from errors or omissions.
7. Accessing our Services
7.1 Our mobile application with the standard functionality is currently made available free of charge unless Premium services are opted into.
7.2 Accessing our Services on mobile applications may use some of the data allowance available on the data package to which you have subscribed with your mobile network operator as the case may be. Out-of-country usage may in any event lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
7.3 We do not guarantee that our Services will always be available or be uninterrupted.
7.4 You are responsible for making all arrangements necessary for you to have access to our Services.
7.5 We do not represent that our Services will be available in other locations. We may limit the availability of our Services or specific functionality to any user or geographic area at any time. If you choose to access our Services from a prohibited jurisdiction, you do so at your own risk.
8. Intellectual property rights
8.1 For the purposes of these Terms, "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
8.2 Our Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws.
8.3 Our trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that has a detrimental effect on Getcontact. All other trademarks not owned by Getcontact that may appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
8.4 As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
GETCONTACT Content
As between you and Getcontact, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and the App, and all intellectual property rights related thereto (the “GTC Content”), are either owned or licensed by Getcontact, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use by you of the GTC Content or other materials available as part of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content and materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior express written consent. We and our licensors reserve absolutely and unconditionally all rights arising out of or in connection with the Services and the GTC Content not expressly granted in and to such content and materials.
- You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through Virtual Items (defined in the “Platform Specific Terms”) and additional Services, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g. , you cannot claim User Content that has been uploaded to a social media platform).
- Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download it on a permitted device, and to access the GTC Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these General Terms. Getcontact reserves all rights not expressly granted herein in the Services and the GTC Content. You acknowledge and agree that Getcontact may terminate this license at any time for any reason or no reason. You acknowledge and agree that upon any termination of your account or these General Terms, this license granted to you in respect of the Services will automatically terminate.
- No rights are licensed with respect to sound recordings, audio-visual contents and the musical works embodied therein that are made available from or through the service.
- You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
- We make no representations, warranties or guarantees, whether express or implied, that any GTC Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you (including User Content).
User-Generated Content
- Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, visual content, video, filters, graphics, stickers, Virtual Items (defined in the “Platform Specific Terms”) and other elements provided by Getcontact (“GTC Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes GTC Elements, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.
- Whenever you access or use a feature that allows you to share or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the necessary standards and Terms of third parties. You may also choose to share or transmit your User Content, including User Content that includes GTC Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standard.
- You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
- If you only own the rights in and to a content, but not to the underlying works embodied in such content, then you must not post such content to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services .
- You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise others users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
- You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
- For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproducing of content (and make mechanical reproductions of the content embodied in such sound recordings and images), and publicly perform and communicate to the content (and the musical works and images embodied therein), all on a royalty-free basis. This means that you are granting us the right to Use your User Content without the obligation to pay royalties to any third party.
Through-To-The-Audience Rights.All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
In certain circumstances, we also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy, and such disclosure will be pursuant to a legally binding court order.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting and live-stream you make if, in our opinion, your post, channel or account does not comply with the community guidelines. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content except live-streaming. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. You can manage the default access setting for how your User Content is presented to other users in your channel settings.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
Before we can respond to your request, you may be required to verify your identity or your account details.
Getcontact takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Getcontact’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
9. Viruses
9.1 We do not guarantee that our site will be secure or free from bugs or viruses.
9.2 You are responsible for configuring your mobile device in order to access our Services. You should ensure your mobile device is adequately protected with suitably updated virus protection software.
10. Third party links
10.1 Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only.
10.2 We have no control over the contents of those third-party sites or resources.
11. Applicable law
11.1 You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
12. Accessing our Terms in different languages
12.1 We provide our Services globally; additional Terms of Services may apply to Users in different jurisdictions and where possible we do our best to offer localised Terms for your territory. Please check for our Terms in other languages on our site or in application if available. If not available, our Terms will default to the English language version.
13. Contact us
To contact us, please email support@getcontact.com