These terms include the base terms applicable to your use of all software applications (each an “App”) provided by Licensor, and the base terms for your use of the separate services enabled through each App (“Services”).

Each App and Service may have App-specific additional terms and conditions (“App-Specific Terms”).  Those App-Specific Terms the terms and conditions of the Master Terms of Service apply to your use of that App and related Service.  Capitalized terms shall have the meanings ascribed to them herein or in the applicable App-Specific Terms.

If you downloaded the App from a U.S. App Store or, for Textfree Web or for desktop versions of Sideline Enterprise, if you identify your country of use as the United States, “Licensor” is Pinger, Inc.; otherwise “Licensor” is Dinopilot, a Cayman Islands company.

By way of example, if you download the Textfree App from a U.S. App Store, the Licensor would be Pinger, Inc. and you would agree to the App-Specific Terms for the Textfree App, which incorporates this Master Terms of Service.

Some Key Terms: Licensor wants you to be aware of some key terms applicable to your use of Apps and Services. While you are required to agree to all of the terms in this document, you should clearly understand that by accepting this document, you are acknowledging and agreeing that:

• You are required to share personal data with Licensor in order to use the App and Service.
• It is your sole obligation to comply with all laws, rules, regulations and governmental guidance in your use of the Apps and Services.
• You are the maker and initiator of the calls and messages sent by you through the Apps and Services, including but not limited to auto replies that you enable through the Apps, and you are solely responsible for all of those calls and messages.
• Licensor, Outbound Provider and Inbound Provider (both defined below) enable only the transmission of calls and messages through Apps and Services.
• If you send spam or initiate messages or calls in violation of applicable laws or this document, you could be liable for significant liquidated damages.
• If you have a subscription, you have to follow specific procedures to cancel the subscription.
• No warranties are provided to you, whether express or implied.
• If you provide Licensor with your cell phone number, you are providing your express consent to receive informational messages and to receive marketing messages from Licensor until you elect to opt out of receiving them.

All of the terms summarized above are covered in more detail in this document, so please pay particular attention to them.

Notices

NOTICE REGARDING ARBITRATION

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PINGER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

NOTICE REGARDING NO LICENSE RIGHTS TO RESIDENTS OF THE EUROPEAN UNION (“EU”)

APPS ARE ONLY MADE AVAILABLE FOR DOWNLOAD FROM U.S. AND CANADIAN APP STORES BECAUSE THEY ARE INTENDED FOR USE BY UNITED STATES AND CANADIAN RESIDENTS IN THE UNITED STATES AND CANADA. IF YOU ARE A RESIDENT OF THE UNITED KINGDOM OR THE EU, OR IF YOU INTEND TO USE THE APP AND SERVICES IN THE UNITED KINGDOM OR THE EU, THEN NO LICENSE RIGHTS ARE GRANTED FOR YOU TO USE THE APP OR SERVICES, AND YOU MAY NOT USE THE APP OR SERVICES FOR ANY PURPOSE.

NOTICE REGARDING USAGE LIMITATIONS

APPS AND SERVICES ARE FOR USE BY HUMAN OPERATORS FOR NORMAL USER ACTIVITY AND MAY NOT BE USED AS PART OF AUTOMATED OPERATIONS OR SYSTEMS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT, AND WILL NOT ALLOW A THIRD PARTY TO: (I) USE THE APPS OR SERVICES AS PART OF AUTOMATED PROCESSES OR SYSTEMS; OR (II) INITIATE SMS MESSAGES AND PHONE CALLS THAT: (A) COLLECTIVELY (1) EXCEED EITHER SIXTY PER MINUTE OR ONE THOUSAND PER DAY; OR (2) ARE SENT TO MORE THAN 100 DIFFERENT UNIQUE CONTACTS, AND OTHERWISE COMPLY WITH MESSAGE TRAFFIC PARAMETERS FOR PERSON-TO-PERSON TRAFFIC AS SET FORTH IN CTIA GUIDELINES FOR “MESSAGING PRINCIPLES AND BEST PRACTICES” AVAILABLE AT https://www.ctia.org/the-wireless-industry/industry-commitments/messaging-interoperability-sms-mms, OR (B) ARE NOT INTENDED OR DESIGNED FOR A CONVERSATION WITH OR REPLY FROM THE RECIPIENT. AS FURTHER PROVIDED IN THESE TERMS, LICENSOR RESERVES THE RIGHT AT ITS OPTION AND WITHOUT NOTICE OR LIABILITY TO YOU, TO USE TECHNOLOGIES AND TAKE ACTIONS THAT MAY BLOCK OR LIMIT YOUR USE OF THE APP AND/OR SERVICE, INCLUDING BUT NOT LIMITED TO LIMITING THE NUMBER OF OUTBOUND SMS MESSAGES AND/OR CALLS YOU MAY INITIATE OR TERMINATING YOUR USE OF APPS AND SERVICES, IF LICENSOR DETERMINES IN ITS SOLE DISCRETION THAT YOUR USE OF THE APP AND/OR SERVICE MAY VIOLATE THESE TERMS, IS INCONSISTENT WITH NORMAL USER ACTIVITY, IMPAIRS THE USE OF APPS AND/OR SERVICES BY OTHERS, OR IS OTHERWISE SUBJECT TO RESTRICTIONS IMPOSED BY GOVERNMENTAL BODIES OR THIRD PARTY SERVICE PROVIDERS.

NOTICE REGARDING TRANSFER OF DATA

USE OF THE APP REQUIRES THAT PERSONAL DATA BE PROCESSED BY PINGER, INC. IN THE UNITED STATES OF AMERICA, WHERE THE COMPUTING SYSTEMS AND INFRASTRUCTURE NECESSARY FOR YOU TO USE THE APP AND SERVICES ARE LOCATED. FEATURES AND CAPABILITIES OF THE APP AND SERVICES WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY, AND TRANSFER OF PERSONAL DATA TO, PINGER, INC. IN THE UNITED STATES OF AMERICA FOR THAT PURPOSE. PINGER, INC. IS AN AFFILIATE OF DINOPILOT, A COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE CAYMAN ISLANDS, AND PROCESSES SUCH PERSONAL INFORMATION IN COMPLIANCE WITH THE CONTRACTUAL REQUIREMENTS ESTABLISHED WITH YOU IN THIS DOCUMENT.

NOTICE REGARDING ADDITIONAL RIGHTS

YOU MAY HAVE THE RIGHT TO EXERCISE ADDITIONAL RIGHTS AVAILABLE TO YOU UNDER APPLICABLE LAWS, INCLUDING: (A) RIGHT TO ERASURE OR CORRECTION OF PERSONAL INFORMATION; (B) A RIGHT TO OBJECT TO, OR TO RESTRICT, PROCESSING OF PERSONAL INFORMATION, OR (C) A RIGHT TO PORT PERSONAL INFORMATION. IF YOU WOULD LIKE TO EXERCISE SUCH RIGHTS, PLEASE CONTACT US AT PRIVACY@PINGER.COM WITH YOUR SPECIFIC REQUEST. WE WILL CONSIDER YOUR REQUEST IN ACCORDANCE WITH APPLICABLE LAWS AND, WHERE REQUIRED TO ADHERE TO YOUR REQUEST, WE WILL DO SO WITHIN THE TIME PERIODS REQUIRED BY APPLICABLE LAW (GENERALLY 30 DAYS FOLLOWING THE REQUEST). TO PROTECT YOUR PRIVACY AND SECURITY, WE MAY TAKE STEPS TO VERIFY YOUR IDENTITY BEFORE COMPLYING WITH THE REQUEST AND MAY CHARGE A FEE TO PROCESS YOUR REQUEST AS ALLOWED BY APPLICABLE LAW.

YOU ACKNOWLEDGE THAT DUE TO THE NATURE OF THE SERVICES, LICENSOR WILL NOT BE ABLE TO CONTINUE TO PROVIDE ANY SERVICES TO YOU IF YOU ELECT TO HAVE PERSONAL INFORMATION ERASED, AND THAT WITHOUT USE OF PERSONAL INFORMATION, LICENSE CANNOT PROVIDE SERVICES TO YOU. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCOUNT WILL BE AUTOMATICALLY TERMINATED IF YOUR PERSONAL INFORMATION IS ERASED, AND YOU ACKNOWLEDGE AND AGREE – AS AN EXPRESS CONDITION OF YOUR USE OF THE APP AND SERVICES – THAT NEITHER LICENSOR, INBOUND PROVIDER OR OUTBOUND PROVIDER, OR ANY OF THEIR REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR TERMINATING YOUR ACCOUNT AND/OR USE OF THE SERVICES.

NOTICE REGARDING LEGAL COMPLIANCE

YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU WILL NOT USE THE APP OR SERVICES TO CONTACT ANYONE IN VIOLATION OF APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING ACT (CAN-SPAM ACT), THE TELEPHONE CONSUMER PROTECTION ACT (TCPA), AND REGULATIONS, RULES AND ORDERS PROMULGATED THEREUNDER; (II) YOU MUST HAVE, AND WILL HAVE, ALL NECESSARY CONSENTS TO CALL AND/OR SEND MESSAGES TO OTHERS; (III) ANY MESSAGES YOU SEND WILL COMPLY WITH ALL APPLICABLE LAWS AND ALL FEDERAL TRADE COMMISSION GUIDELINES; (IV) YOU WILL HONOR ALL REQUESTS TO STOP SENDING MESSAGES AS REQUIRED BY APPLICABLE LAW; AND (V) BY USING THE APP AND SERVICES, YOU ARE AWARE OF YOUR OBLIGATIONS UNDER THE CAN-SPAM ACT, THE TCPA, AND OTHER APPLICABLE LAWS, AND YOU AGREE TO ABIDE BY THEM IN YOUR USE OF THE APP AND SERVICES.  YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER, AND THEIR RESPECTIVE OFFICES, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL CLAIMS, SUITS, DEMANDS, ALLEGATIONS, LOSSES, LIABILITY, DAMAGES, FINES, PENALTIES, ASSESSMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR VIOLATION OF APPLICABLE LAWS AND/OR YOUR VIOLATION OF ANY OF THE FOREGOING.

Apps are Not for Children under 16. All Apps, Services and Pinger websites are not intended for children under the age of 16, so children under the age of 16 should not use them at any time. If you are under 18, you represent that your legal guardian has reviewed and agreed to these terms. Licensor does not knowingly collect any information from children under the age of 16. In the event that Licensor learns that it has inadvertently gathered personal information from children under the age of 16, Licensor will take reasonable measures to promptly delete such information.

Applicability. These terms incorporate by reference the terms made available by the particular app store from which you downloaded the App (“App Store”) applicable to apps downloaded from that App Store, if any (“App Store Terms”). These terms also incorporate by reference the Privacy Policy. These terms control in the event of any conflict with the Privacy Policy or the App Store Terms. Licensor, Inbound Provider and Outbound Provider each, respectively, reserve the right to change, modify or update these terms and the License, the Inbound Terms and the Outbound Terms embodied herein, at any time by posting revised versions at https://pinger.staging.wpengine.com (“Pinger Site”) and you agree that posting of such updates constitutes sufficient notice to you regarding such updates. Your download of other Apps or your continued use of Apps and Services following posting of updates on the Pinger Site constitutes your acceptance of the same.

Construction. Some Apps and Services have unique features and, as a consequence, these terms create three separate contracts: (i) a license between you and Licensor (the “License”) for your use of the Apps and communication features only available between App users (“On-Net Features”), (ii) where the App provides temporary use of a unique phone number, a separate agreement between you and the party identified as the “Inbound Provider” below, for the use of the Inbound Services described below (the “Inbound Terms”), and (iii) where the App allows for outbound SMS and/or calling features, a separate agreement between you and the party identified as the “Outbound Provider” below, for the use of the Outbound Service described below (the “Outbound Terms”). The term “SMS” as used in this document means a message of text only or text and graphics, photos, audio clips, or video clips as enabled by the applicable App. Depending on your App, it may not include functionality for including graphics, photos, audio clips, or video clips as part of messages.

You are the Maker and Initiator of Calls and Messages. Licensor, Outbound Provider and Inbound Provider (both defined below) enable only the transmission of calls and messages through Apps and Services.  They do not initiate or make calls or messages, and do not have any authority to do make or initiate calls or messages, whether express or implied, except through any auto reply features that you’ve enabled through the App.  You, as a subscriber, are the maker and initiator of the calls and messages sent by you through the Apps and Services, including auto replies that you enable through the App, and you are solely responsible for all of those calls and messages.

Account Registration. Use of most Apps requires that you create an account (the “Account”). When setting up an Account: (i) you may be prompted to provide a phone number to receive a call or SMS from us so that we may authenticate your Account registration and you acknowledge and agree that we may place, and that your provider may charge you for, that incoming call or SMS; and (ii) you are prompted for registration information, which may include your country of residence, name, age, email address, and account password, and a phone number. You hereby consent and to allow, and represent that you have the right to allow, Licensor to: (i) import and store your device name and contacts from your device, and from third party services through connections enabled by you through the Apps, (ii) identify you by the name and phone number provided during registration to third parties with whom you communicate using the Apps, (iii) identify your association with those contacts to other users of Apps, (iv) identify phone numbers in your contact list to individuals or entities associated with those phone numbers, and (v) to associate contact information on your device with contact information from third party services enabled by you through the Apps.. Accounts are for your personal use and may not be transferred or assigned by you to a third party. YOU ACKNOWLEDGE THAT IF YOU DO NOT CONSENT TO MAKE YOUR CONTACTS AVAILABLE TO THE APP, YOU CANNOT REGISTER AN ACCOUNT AND YOUR USE OF THE APPS WILL BE LIMITED.

Third Party Features; Open Source Software. There may be times when App features are offered by third parties who provide those features under their own terms and conditions not included in these terms. Those separate terms and conditions would govern your use of such features. You acknowledge and agree that: (i) Licensor, Inbound Provider and Outbound Provider shall not have any liability to you for your use of, or your inability to use, those features, regardless of any act or failure to act by any of them; and (ii) as an express condition for making those services available through the App, you shall not to bring any action against Licensor, Inbound Provider and Outbound Provider, or any of their officers, directors, employees, or shareholders arising out of or related to those features. The App is provided with open source software, identified at the end of these terms, which is licensed under terms and conditions of its licensors. The provisions of these terms up to and including this paragraph are referred to as the “Base Terms.”

License

This License governs your use of the software elements of the Apps and On-Net Features (described below) and applies to updates of the App made available to you. Your use of the Inbound Service or Outbound Service is governed separately under the Inbound Terms or Outbound Terms, respectively.

License. Subject to the terms of this License, unless you are a resident of the European Union, Licensor grants to you a royalty-free, non-exclusive, non-transferable license to: (i) use the App for your personal use only and only on the device on to which it is downloaded; and (ii) use communications features to communicate with other App users over networks not connected to public telephone services (“On-Net Features”). If you are a resident of the European Union, no rights are granted to you and you may not use the App or the Service. You agree that you shall not make or permit the making of any modifications, additions or enhancements to Apps, or cause or permit the disassembly, decompilation or reverse engineering of any App except and only to the extent allowed by applicable law.

Requirements. For Account creation, only a single number may be used for authentication and you acknowledge that use of the same number for a future authentication may terminate your account and that Licensor, Inbound Provider and Outbound Provider will not have any liability to you in such event. As an express condition to your use of the App, you agree to provide Licensor proper identification and residence information when requested. If your version of App includes voicemail, photo or audio or video recording features, you consent to allow, and represent that you have the right to allow, Licensor to copy, cache, store, distribute and share voicemails, photos and/or audio and video recordings as you designate through the App. For voicemail features, you agree that voicemails may be subject to limitations as to the number and duration of voicemails. You agree and hereby grant Licensor the right to copy, cache and store voicemails and/or message content, with that right to survive expiration or termination of this License. You agree that you will only use the Apps and Services on the devices authorized by you and on which the Apps are designed to operate; that you will not share the App with others using a single App Store account; and that you will not use or allow the use of the Apps and/or Services in conjunction with any other device, system or server to enable multiple users of a single account, including but not limited to any private branch or key system. You agree that you will not use the Apps or Services in violation of applicable law (e.g. no texting while driving) or to: (i) collect information about App users or message or call recipients without their advance and express consent; (ii) resell or allow third parties to use the Apps and Services, or use the Apps or Services in a for a fraudulent or deceptive purpose, or in manner that violates applicable law; (iii) use the Apps and/or Services in excess of what Licensor determines, in its sole discretion, would be expected of normal use as described above; (iv) create or transmit any content or communications using the Apps or Services that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that may violate or infringe the rights or privacy of third parties, as determined by Licensor in its sole discretion; (v) send spam or advertisements in violation of applicable law or without the advance consent of the recipient; (vi) engage in bulk messaging, robocalling, auto-dialing, ID spoofing, or similar deceptive practice, including but not limited to using Apps in a deceptive manner to harass, intimidate, trick or deceive another, making multiple changes of your App phone number after having a phone number blocked, or sending any messages to recipients without having obtained legally required consents from those recipients ; or (vii) engage in high-risk financial services (such as payday loans; short term high-interest loans; auto, mortgage or student loans; debt collection, gambling/sweepstakes; stock alerts; or cryptocurrency), risk investments or multi-level marketing, third party job postings, debt forgiveness or credit repair programs, controlled substances, phishing, pornography, deceptive marketing, lead generation or referral campaigns (the conduct in this subsections (iv), (v), (vi) and (vii) above are referred to as “Spam Attacking”).

YOU AGREE THAT IF YOU ARE SPAM ATTACKING, SUCH CONDUCT MAY CAUSE SERIOUS DAMAGE TO LICENSOR AND, AND ON ACCOUNT OF THE GREAT DIFFICULTY OF ASCERTAINING THE AMOUNT OF SUCH DAMAGE, YOU AGREE TO PAY LICENSOR U.S.$500.00 PER CALL OR SMS MESSAGE THAT CONSTITUTES SPAM ATTACKING (AS DEFINED ABOVE) AS LIQUIDATED DAMAGES AND YOU ACKNOWLEDGE AND AGREE THAT SUCH AMOUNTS ARE NOT A PENALTY AND CONSTITUTE A REASONABLE ESTIMATE OF THE LOSS THAT LICENSOR MAY SUFFER AS A RESULT OF SPAM ATTACKING. 

SPECIFICALLY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY SPAM ATTACKING COULD, AMONG OTHER RISKS TO LICENSOR: (I) RESULT IN SUSPENSIONS OF SERVICE BY LICENSOR’S HOSTING, BACKEND AND/OR TRANSMISSION PROVIDERS WHICH, IF SUCH SUSPENSIONS OCCURRED, COULD SIGNIFICANTLY HARM LICENSOR’S BUSINESS, THE DAMAGES FOR WHICH WOULD BE DIFFICULT TO ASCERTAIN, OR (II) SUBJECT LICENSOR TO LEGAL CLAIMS THAT, EVEN IF FRIVOLOUS OR DEFENSIBLE, WOULD BE EXPENSIVE AND TIME CONSUMING TO DEFEND AND COULD EXPOSE LICENSOR TO DAMAGES CLAIMS EQUAL TO OR GREATER THAN THE AMOUNT OF DAMAGES NOTED ABOVE, WITH RESULTING COSTS, RISKS AND DAMAGES OF SUCH LITIGATION ALSO DIFFICULT TO ASCERTAIN.  ACCORDINGLY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE CONSIDERED THE FOREGOING, AND THAT LIQUIDATED DAMAGES FOR SPAM ATTACKING AS DESCRIBED IN THIS PARAGRAPH ARE REASONABLE AND PROPORTIONATE TO THE POTENTIAL HARM TO LICENSOR FOR SUCH CONDUCT.

Data. Prior to Account creation, Licensor may collect through the App device identifiers but no other personally identifiable information. Such information is used for the sole purpose of providing support for the internal operations of Licensor. During and after Account creation, Licensor collects data that you provide upon registration, the name and phone number of contacts as stored on your device (“Contact Data”), and data about your use of the App, which includes Personal Data and Anonymous Data. “Personal Data” is data that identifies you personally that includes: name, address, and email address, and location data of a specific location that is identified to you. Personal Data is used only to identify you with your Account in order to provide the Inbound Service and, for location data, to provide advertising to you, and to otherwise contact as set forth above. “Anonymous Data” includes the following: age, gender, phone number issued by Licensor or used with the App, message usage statistics, approximate location data (not of a specific, exact location), location data of an exact location that is anonymized so that it cannot be associated with you, message traffic data (e.g. date and time sent and received), device type and operating system, carrier identity, and device identifiers, Ethernet MAC address and/or advertising identifier, such as IDFA and Google Ad ID. To the extent any Anonymous Data constitutes a type of personal information under applicable law, our use of such information is managed as directed by such laws, as further set forth in our Privacy Policy and Privacy Notice. Contact Data is stored on your device and on Licensor’s servers to enable communications features within the App. Contact Data is not used for any other purpose. Subject to your rights to have your Personal Data deleted, you hereby (i) grant Licensor perpetual licenses to store Personal Data and Contact Data and to use, copy and transmit Personal Data and Contact Data in conjunction with your use of the App; and (ii) consent to allow Licensor to transmit Personal Data and Contact Data to Inbound Provider and Outbound Provider upon registration, in response to legal process and/or to legal authorities upon request or as required under applicable law, and to mobile operators or other third parties upon your actions when you respond to certain promotional programs with them and that such transmission is made by your request and at your direction. If the App allows you to utilize features enabled by Google through Google APIs, Google requires that you also agree to comply with applicable law, regulation and Google’s Google APIs Terms of Service found here: https://console.cloud.google.com/tos?id=universal, as may be amended by Google from time to time. You acknowledge and agree that: (i) you are solely responsible for reviewing and monitoring the Google APIs Terms of Service Licensor for any changes; and (ii) Inbound Provider and Outbound provider will not have any liability to you related to the use or operation of Google APIs.

Ownership. Licensor and its providers retain all right, title and interest, including all intellectual property rights embodied in the App.

Additional Terms. The Base Terms above and the Additional Terms below are incorporated into this License by reference.

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”). For U.S. phone numbers, the “Inbound Provider” is Pinger, Inc. and for Canada phone numbers it is Dinopilot. Your use of Apps is governed separately under the License. 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.

License. Subject to these Inbound Terms, Inbound Provider grants to you a license to use the phone number made available to you for inbound SMS messaging and inbound voice communication, if such features are enabled through the App, in each case solely in conjunction with the App.

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; and (iii) you are limited to use of one phone number made available by Inbound Provider for inbound calls and for receiving SMS messages; no outbound calling or texting is available as part of the Inbound Terms. 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, “Pinger 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 Pinger Property; and (ii) irrevocably assign to Licensor any and all or your present and future rights, title or interests in any Pinger Property.

Additional Terms. The Base Terms above and Additional Terms below are incorporated into these Inbound Terms by reference.

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”). If you have downloaded the App from a U.S. App Store, the “Outbound Provider” is Pinger, Inc.; otherwise, the “Outbound Provider” is Dinopilot. 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.

License. Subject to these Outbound Terms, Outbound Provider grants to you a license to use the Outbound Service solely for outbound SMS messaging and outbound voice communication, if such features are enabled through the App, in conjunction with the App.

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 is a separate service offered by Outbound Provider and you do not need to utilize the Outbound Service to utilize the Inbound Service; (ii) 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; (iii) depending on your App, texting of short codes may not be supported; (iv) where your device has cellular coverage, the App may enable emergency calling through your native phone application, or require that you authorize transmission of your geolocation when prompted to do so when placing an emergency call using the phone number associated with the App because if you do not provide such authorization when requested, you will not be able to place an emergency call; (v) placing emergency service calls through the App does not offer the same experience as placing an emergency call from your fixed line telephone service or your wireless carrier phone number, and it is your responsibility to purchase, separately from the Outbound Service, and you represent that you have purchased and have available, wireless phone or fixed line telephone service that offers access to emergency services; and (vi) 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, 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 OUTBOUND PROVIDER IF THE NUMBER OF OUTBOUND MESSAGES SENT EXCEED THE NUMBER OF INBOUND MESSAGES YOU RECEIVE.

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 are 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.

Additional Terms. The Base Terms above and the Additional Terms below are incorporated into these Outbound Terms by reference.

Additional Terms

Consents. IN ADDITION TO THE CONSENTS ABOVE, YOU AGREE AND CONSENT TO THE FOLLOWING (THE “CONSENTS”): (I) LOCATION DATA AND ANONYMOUS DATA MAY BE USED AND SHARED WITH THIRD PARTIES TO PROVIDE, IMPROVE, MONITOR, AND UPDATE THE APP OR THE INBOUND AND/OR OUTBOUND SERVICE; (II) THE APP MAY COLLECT AND TRANSMIT CONTACT INFORMATION FROM YOUR DEVICE WHICH IS STORED BY LICENSOR ON ITS SERVERS UNTIL DELETED, AND SHARED WITH OUTBOUND PROVIDER AND INBOUND PROVIDER FOR USE WITH THE APP; (III) LICENSOR MAY ASSOCIATE CONTACT NAMES WITH PHONE NUMBERS FROM YOUR DEVICE, INCLUDING BUT NOT LIMITED TO IDENTIFYING SUCH CONTACTS AS APP USERS AND IDENTIFYING YOU AS AN APP USER TO YOUR CONTACTS WHO ARE APP USERS AND, FOR THE SIDELINE APP, AS A GROUP MEMBER TO OTHER GROUP MEMBERS IN A GROUP ACCOUNT; (IV) LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER MAY DISCLOSE ANY INFORMATION YOU PROVIDE OR OTHERWISE MAINTAINED BY THEM TO LEGAL AUTHORITIES AS REQUIRED UNDER APPLICABLE LAW AND AS AUTHORIZED IN THE PRIVACY POLICY; (V) LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER MAY TRANSFER YOUR PERSONAL DATA WITHIN AND WITHOUT THE EUROPEAN UNION, INCLUDING BUT NOT LIMITED TO THE UNITED STATES OF AMERICA; AND (VI) LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER MAY PROCESS AND STORE YOUR PERSONAL DATA IN ANY COUNTRY OF THE WORLD. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS TO GRANT ALL CONSENTS HEREIN AND THAT LICENSOR’S, INBOUND PROVIDER’S AND OUTBOUND PROVIDER’S EXERCISE OF THE RIGHTS GRANTED BY YOU WILL NOT VIOLATE APPLICABLE LAW OR INFRINGE OR VIOLATE THE RIGHTS OF ANY PARTY.

App Store Terms. Purchases made within the App, if any, may be subject to App Store Terms. You acknowledge and agree that neither Licensor, Inbound Provider, nor Outbound Provider shall have any liability to you arising out of any payment issues for purchases made within the App and that you must resolve all issues in that regard with the payment processor.

Message Analysis.  Pinger, Inc. continues to develop, update and test its products to improve features and functionality , and to deliver contextual advertising (collectively, “Content Analysis”) and those efforts could involve the review and analysis of the content of messages sent by and to you using the App (“Message Content”).  Per the requirements of 18 U.S.C. §2702(b), Pinger needs your express consent for Pinger, Inc. and its employees and contractors (“personnel”) to use and access that Message Content for the purpose of Content Analysis. Accordingly, by accepting these terms and by using the App and Services, you hereby grant Pinger, Inc. and personnel a limited license to review your Message Content for the purposes of Content Analysis. Should you wish to revoke this license, contact support@pinger.com, and Pinger will stop accessing your Message Content for Content Analysis.  Messaging and data rates may apply.

Feedback. You agree that any suggestions, information or feedback provided by you regarding the Apps and Services and/or the results of your use or testing of the Apps and/or Services, together with the information Pinger may provide to you about the features being tested by you in any beta (“Beta Features”) (collectively, “Feedback”) are the proprietary and confidential information of Pinger. You hereby assign all right, title and interest in and to such Feedback, including all intellectual property rights therein, to Pinger.  All Feedback, the features and capabilities and design of the Beta Features, and the fact that you are a user of the Beta Features are the confidential information of Pinger. You agree not to disclose or provide such information to any third party. However, you may disclose confidential information in compelled to do so by judicial or other governmental order, provided you shall give Pinger reasonable written notice prior to such disclosure and shall provide Pinger with the opportunity to obtain a protective order or equivalent protection.

Term and Termination. The License, Inbound Terms and Outbound Terms are effective until terminated by you or Licensor, Inbound Provider and/or Outbound Provider (as applicable). Termination of the License terminates the Outbound Terms and Inbound Terms. Licensor may terminate the License and/or disable use of the App and Services at any time, for any reason, and without any liability to you or any obligation to return amounts previously paid by you, if any. Your use of the Inbound and/or Outbound Service may be suspended, terminated or restricted at any time, for any reason, and without any liability to you and without any obligation to return amounts previously paid by you, if any.

You may terminate the License, Inbound Terms and Outbound Terms at any time, for any reason, by contacting support@pinger.com and stating that you are terminating your use of Apps and such termination will apply to all Apps and Services unless otherwise agreed upon by Licensor. Except for rights of Licensor which survive expiration or termination, upon termination your Account will be terminated by the next business day (Monday through Friday, excluding US federal and California state holidays) and the licenses granted to you shall cease and any Voice Credits associated with your use of Apps will expire without refund or liability to you, and you shall promptly uninstall the Apps. IF YOU DON’T CONTACT PINGER TO TERMINATE AS PROVIDED ABOVE, PINGER MAY MAINTAIN YOUR DATA SUBJECT TO THE TERMS HEREIN AND, FOR SIDELINE ACCOUNTS, ACCOUNT INFORMATION WILL BE RETAINED, INCLUDING INFORMATION RELATED TO BOTH ACTIVE AND INACTIVE ACCOUNTS.

Survival.  The protections afforded to Licensor, Inbound Provider and Outbound Provider under the App Store Terms, the “NOTICES” at the beginning of this document and in the App-Specific Term, sections in the License, Inbound Terms and Outbound Terms entitled “Ownership” and “Data,” and all of the Additional Terms of these Master Terms shall survive termination or expiration.

No Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP, THE SERVICES, THE INBOUND SERVICES AND THE OUTBOUND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER LICENSOR, INBOUND PROVIDER NOR OUTBOUND PROVIDER REPRESENTS OR WARRANTS THAT YOUR USE OF APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR. IF YOU ARE DISSATISFIED WITH ANY APP OR SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE APP AND SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER OR THIRD PARTY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability. YOU AGREE THAT LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR THE ACTIONS OF THIRD PARTIES IN CONNECTION WITH THE SERVICES. IN NO EVENT WILL LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER AND THEIR SUPPLIERS AND RESELLERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO USE OF APPS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S, INBOUND PROVIDER’S OR OUTBOUND PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF TEN DOLLARS (U.S. $10.00). NOTHING HEREIN SHALL EXCLUDE OR LIMIT LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Indemnification and Waiver. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER, THEIR SUPPLIERS AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THEM, HARMLESS FROM AND AGAINST ALL CLAIMS, SUITS, DEMANDS, ALLEGATIONS, LOSSES, LIABILITY, DAMAGES, FINES, PENALTIES, ASSESSMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), RESULTING FROM (I) ANY VIOLATION OR BREACH OF THE LICENSE, INBOUND TERMS OR OUTBOUND TERMS BY YOU, (II) ANY ACTIVITY RELATED TO YOUR ACCESS TO OR USE OF AN APP, A SERVICE, THE INBOUND SERVICES OR THE OUTBOUND SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) OR ANY VIOLATION BY YOU OF AGREEMENTS WITH THIRD PARTIES, OR (III) THE AUTHORIZED USE AND PROCESSING OF DATA PROVIDED BY YOU OR OBTAINED FROM THIRD PARTY SERVICES AT YOUR DIRECTION OR WITH YOUR CONSENT.

Governing Law; Venue. The License, Inbound Terms and the Outbound Terms shall be governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Except for arbitration of disputes as set forth below, any dispute between the parties regarding the License, Inbound Terms or the Outbound Terms will be subject to the exclusive venue of the state and federal courts in the state of California of the United States of America in San Francisco, San Mateo and Santa Clara counties and the parties hereby consent to the exclusive jurisdiction and venue of such courts. You agree the United Nations Convention on Contracts for the International Sale of Goods (1980) terms are hereby excluded in its entirety from application to the License, Inbound Terms and Outbound Terms.

Arbitration. If you download an App for use in the United States, this “Arbitration” section shall apply. In in the event you have a dispute with Licensor, Inbound Provider or Outbound Provider, you shall first provide Pinger, Inc. with written notice of the dispute via mail or overnight courier to the attention of Customer Support, Pinger, Inc., 97 S. 2nd St., Ste. 200, San Jose, CA 95113, with such notice to include your name and contact information, a written explanation of the claim including all legal claims you intend to assert and each set of facts which support each of such claims, and the relief you’re requesting. You agree that if any of your claims are omitted from that notice, you forever waive those claims and covenant not to assert them in any action or proceeding related to the License, the Inbound Terms or the Outbound Terms. The party with whom you have a dispute will attempt to resolve the dispute with you without further court action or arbitration.

Any dispute between you and Licensor, Inbound Provider or Outbound Provider arising out of or related to your use of an App, the Services, communications of any type from or on behalf of Pinger, communications of any type sent and received by you through the App and Services, any data relating to you that is received by Pinger or held by Pinger or on its behalf or any agreements between you and Licensor, Inbound Provider or Outbound Provider, including but not limited to any disputes brought on your behalf by others on a representative or class basis, but specifically excluding actions by Licensor, Inbound Provider or Outbound Provider to enforce and protect their intellectual property rights in the App, the Inbound Service and/or the Outbound Service, shall be resolved through binding arbitration conducted through JAMS and the JAMS JA streamlined arbitration rules and procedures then in force (see www.jamsadr.com for additional information), with any such arbitration to be initiated in either Santa Clara County, California, or the federal judicial district where you reside, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply. The arbitration shall be commenced as an individual arbitration, and not in a class, representative, consolidated or action involving multiple plaintiffs. You shall not join or consolidate claims or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. Any arbitration will be confidential.  Further, by opting out of arbitration you are acknowledging and agreeing that any claims brought by you will: (i) be brought in your individual capacity only, (ii) be solely for remedies applicable to you only, and (iii) subject to the terms of these Master Terms of Service and applicable App-Specific Terms, including limits of liability set forth herein and therein.  Further, by opting out of arbitration you waive and agree not to assert, join or consolidate any claims as a class representative, class member or in a private attorney general capacity.

Arbitration does not involve a court or a judge; instead the arbitrator will follow the License, the Outbound Terms, and/or the Inbound Terms (as applicable) and applicable law and award relief in accordance with the same.

YOU MAY OPT OUT OF ARBITRATION BY PROVIDING BOTH OF THE FOLLOWING: (A) WRITTEN NOTICE TO PINGER, INC. AT THE ADDRESS NOTED ABOVE AND TO THE ATTENTION OF LEGAL COMPLIANCE WHICH MUST: (i) INCLUDE YOUR LEGAL NAME, THEN-CURRENT RESIDENTIAL ADDRESS, THEN-CURRENT EMAIL ADDRESS, PINGER SUBSCRIBER USERNAME, PINGER-ISSUED PHONE NUMBER, AND PHONE NUMBER USED TO REGISTER FOR THE APPLICABLE PINGER SERVICE; AND (B) BE RECEIVED NO LATER THAN THIRTY (30) CALENDAR DAYS FROM THE DATE OF YOUR ORIGINAL ACCEPTANCE OF THE LICENSE, THE OUTBOUND TERMS AND THE INBOUND TERMS WITH THIS ARBITRATION PROVISION INCLUDED; AND (B) EMAIL NOTICE TO SENT PRIVACY@PINGER.COM WITHIN THE SAME THIRTY (30) DAY PERIOD AND WHICH CONTAINS ALL OF THE INFORMATION REQUIRED FOR WRITTEN NOTICE AS NOTED IN SECTION (A)(i) ABOVE . IF YOU DO NOT SEND NOTICE AS REQUIRED IN THE FOREGOING SENTENCE, YOU WILL NOT HAVE OPTED OUT OF ARBITRATION.

Severability; No Waiver. If any provision is deemed invalid or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect its intent, and the remaining provisions shall continue in full force and effect. The failure by either you or by Licensor, Inbound Provider or Outbound Provider to exercise or enforce any rights or provisions herein shall not constitute a waiver of such right or provision.

Entire Agreement. The foregoing, together with App-Specific Terms, sets forth the entire understanding and complete and exclusive statement of the agreements between you and Licensor, Inbound Provider and Outbound Provider and supersedes any proposal or prior agreements or understandings between you and such parties with respect thereto.

General. No rights granted to you may be assigned by you in whole or in part without the prior written approval of Licensor. Any assignment in violation of the foregoing shall be null and void. Licensor, Inbound Provider and Outbound Provider shall not be liable for any delay in the performance hereunder due to causes beyond its or their direct control, including but not limited to actions by third parties, an act of God, war or natural disaster. You have no third party beneficiaries. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of the License, Inbound Terms or Outbound Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. If you are accepting this Agreement from Canada, you agree to the following: The parties hereto confirm that it is their wish that this Agreement have been and shall be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord soient rédigés en langue anglaise.

OPEN SOURCE SOFTWARE

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Last updated  December 8, 2023