Ringo's End User License Agreement and Terms of Use

1. Your Agreement

The Ringo mobile and desktop application, software, design, servers, data, user input, content, website available at www.ringo.co (“Website”), and associated services (collectively “Services” or “App”) are owned and operated by Riva FZC (“Ringo”) and are licensed to you in accordance with the terms of this End User License Agreement (“Agreement”).

The App is © 2014 Riva FZC.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE YOU INSTALL AND RUN THIS APP ON YOUR DEVICE. YOUR INSTALLATION, USE, OR OPERATION OF THIS APP CONSTITUTES YOUR MANIFESTATION OF ASSENT TO AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND MUST TERMINATE YOUR USE OF AND UNINSTALL THE APP IMMEDIATELY. THIS AGREEMENT DOES NOT REPLACE BUT IS IN ADDITION TO ANY ITUNES AGREEMENT REQUIRED BY APPLE AND ANY GOOGLE PLAY AGREEMENT REQUIRED BY GOOGLE IN ORDER TO DOWNLOAD AND USE THE APP.

No Emergency Calls.
It is important that you understand that the App is not a replacement for your mobile phone. The Services are not meant to and do not support or carry calls to emergency services of any kind. Ringo will not be liable for any attempted emergency calls.

Ringo and you both acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. Ringo and you both further acknowledge and agree that this Agreement is between us only, and not Apple, and that maintenance and support, warranties, product claims, intellectual property infringement disputes are not the responsibility of Apple.

Ringo reserves the right, in its sole and absolute discretion, to discontinue the App or to modify, change, replace, or discontinue this Agreement. If Ringo modifies, changes, or discontinues the terms of this Agreement, the Effective Date, located above, will change. Your installation or use of the App after a change in the Effective Date of this Agreement constitutes your acceptance of and manifestation of assent to any modification, change, or replacement.

2. The Ringo App

Call out flow

Ringo provides inexpensive call rates for your international calls. Ringo provides local numbers for your international contacts. When you call one of your international contacts through one of our supplied local numbers, we will connect you with your contact and you pay our rates instead of your provider’s international rates. Your service provider will treat the call as a local call. You are responsible for paying your provider’s local rates. You can call directly from your mobile phone using the App or directly from any traditional landline phone that you register with Ringo.

Call back flow

In some countries Ringo also provides inexpensive call rates for your local and international calls through a callback flow. Upon initiating a call from Ringo you will receive a callback from our servers. We will then dial another call out to your destination number and connect the two on a conference bridge. If your service provider charges you for incoming calls you will be responsible for those charges.

Wifi flow

In some countries Ringo also provides inexpensive call rates for your local and international calls through a wifi / data flow. Upon initiating a call from Ringo the call will be completed over the Internet through your wifi or data connection. If you use the wifi flow on an internet connection the internet connection charges will be borne by you.

Other terms

By downloading and using the App, you agree that Ringo, and our designees and agents, may contact you by any available means, including, but not limited to, by email.

You acknowledge and agree that Ringo is a service provider and will not be held liable for any costs or fees incurred by you through your use of the App, including but not limited to mobile carrier fees, SMS or other text message fees, or payment provider fees.

The phone numbers we provide are not intended to and do not support SMS, MMS, or FAX messaging.

Ringo does not guarantee that you will be able to dial every number in every country. Ringo reserves the right to cancel or suspend services to or for any specific number ranges, telecommunications service providers, countries, states, or geographic regions, or any other number grouping or service location, at any time and for any duration at our sole discretion.

The App is free. You only pay the call rates. When downloading and/or using the Services, you may provide personal information that will be used consistent with the Privacy Policy, which is incorporated into this Agreement. You agree to provide Ringo with, and maintain, accurate, up to date, and complete information. It is your responsibility to keep your mobile phone or other device, as well as access to your personal information made available in Ringo, secure from unauthorized access and you accept full responsibility for any and all use.

3. Your Warranties and Representations:

You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder. You further warrant and agree that you are not prohibited from entering into this Agreement or prohibited from downloading or using the Services by any preexisting agreement or otherwise. You warrant and agree that you are a human individual that is at least thirteen (13) years of age or older. If you are thirteen (13) or older but under the age of eighteen (18), you should review this Agreement with your parent or guardian to make sure that you or your parent or guardian understand it and allows for your use of the App. You agree to comply, in good faith, with the terms of this Agreement.

All users of the Services further warrant the following:

  1. You agree to comply with the terms of this Agreement in good faith.

  2. You will not use the Services outside of the uses specifically provided for under this Agreement, including any and all licenses.

  3. You will not use the Services in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.

  4. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

  5. You understand that Ringo cannot guarantee preservation of records and may delete or modify information without notice at its sole discretion.

  6. You will not make any derivative works of the Services or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Services.

  7. You will not use the Services to communicate any false, misleading, personal, or defamatory content.

  8. You will not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, mine, transmit, or sell the Services in any form or by any means, in whole or in party, without the prior written consent of Ringo.

  9. Ringo does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Services. Services are operated worldwide and Ringo makes no representation that its Services are appropriate, lawful, or available for use in your location. Ringo does not offer Services where prohibited by law. If you are in a jurisdiction in which use of the Services are prohibited by law, you may not use the Services.

4. Limited License Grant

The App and related materials, including but not limited to any text, names, marks, statistics, graphics, photos, images, sounds, music, videos, software, scripts and interactive features, as well as its associated data and services generated by us, is the property of, owned by and licensed through Ringo. Ringo grants you a limited, non-exclusive, royalty free, non-sublicensable, non-transferrable, and non-assignable license to install and use one copy of the App in executable object code form to be used on a single mobile or portable device for non-commercial, personal purposes.

You are prohibited from copying, making derivative works of, modifying, publicly performing, publicly displaying, streaming, exploiting, broadcasting, decompiling, adapting, distributing, reproducing, republishing, scraping, transmitting, selling, posting, or hacking the App, in whole or in part, without the prior written consent of Ringo. You are prohibited from using the trademarks, service marks, design marks, and logos of Ringo, or any colorable imitation thereof, or any mark not owned or licensed by you, including, without limitation the terms “RINGO” or the Ringo logo(s), as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of Ringo. The App is subject to all intellectual property laws, including but not limited to trademark, copyright, patent and other privacy and proprietary laws. All trademarks, images, copyrights or rights of publicity displayed in connection with your use of the App are the property of their respective owners.

You are prohibited from using the App for any use not explicitly stated in this Agreement, absent separate written agreement signed by Ringo and you pursuant to a binding agreement. Such unauthorized uses may include:

  1. Any use inconsistent with or in violation of this Agreement or any local, state, provincial, national, or international law, regulation, statute, ordinance, or treaty, including in any country embargoed by the United States;

  2. Any commercial use, such as the resale or republication of the App;

  3. Any modification of the App, including, but not limited to, translation into another computer language or the creation of derivative works from the App;

  4. Any use of the App outside of its customary or intended purposes;

  5. Any use of the App to defraud, to impersonate, to harass, to violate the rights of third parties, or to collect personal or personally identifiable information from users of the App without their knowledge or consent;

  6. Any use of the App that involves internet relay chat servers (“IRCs”) or IRC bots;

  7. Any use of the App to cheat, exploit, or otherwise interfere with any lawful activity;

  8. Any other activity that disrupts the App or its associated services, including, but not limited to, through hacking or denial of service attacks; or

  9. Any use of the App after you have been removed by Ringo or previously banned.

The Services may contain licensed materials from third parties and those third parties may enforce their rights in the event of a breach of this Agreement.

5. Registration

Downloading the Ringo App is free. In order to download and/or use the Services, you must provide certain information to register your mobile phone or additional phone(s) and device(s). As part of account registration, you will select a username and password. You agree to provide Ringo with accurate, up to date, and complete information. Registered users understand and agree that they have an ongoing duty to update their personal information if and when it changes. Registered users agree to keep their accounts and devices secure from unauthorized access. Registered users alone are responsible for their accounts and devices, and accept full responsibility for any and all use of their accounts and devices, whether authorized or unauthorized. In the case of unauthorized access to an account, you agree to contact Ringo immediately. You are responsible for any charges to your account until Ringo is able to terminate or suspend your account.

Ringo does not endorse you or discriminate based upon any information provided by you. Information you provide will be used consistent with the Privacy Policy.

By creating an account, you agree that Ringo, and our designees and agents, may contact you by any available means, including, but not limited to, by email, telephone, text messages, push notifications or messages within the Services.

Ringo reserves the right to restrict access to, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your account.

You understand and agree that Ringo provides software and related services and takes no responsibility and cannot be held liable or responsible for any interaction between users of the Services, whether with advertisers, through accounts, with third-parties, or otherwise. Ringo makes no representations or warranties as to the truth or falsity of any information submitted to the App or provided by Ringo or any user of the App, or the legality, quality, or safety of the services offered through the App.

Ringo may establish and modify, in its own discretion, at any time and without prior notice, practices and limits concerning use of the App, including, without limitation, limits on the amount of time data is retained, limits on amount of data that may be submitted to the Services, limits on the length of calls places using the Services, limits on the amount of times a user may access the App. Ringo reserves the right to log off and/or delete accounts that are inactive for an extended period of time.

If you have installed the App on your device, you agree that Ringo may automatically install and update any bug fixes, enhanced functions, new modules or completely new versions of the App directly on your device without your prior permission.

The App is free to download, but Ringo reserves the right to charge a fee to download and/or use the App and any part thereof in the future.

6. Charges and Payment

Our calling rates and charges are provided within the App and are incorporated into this Agreement by reference. The rates and charges depend on several factors, including, but not limited to, location and type of destination phone number, the user’s location and the type of phone or device used to make the call, whether and what type of base or add-on phone plan the user registered for, and any current promotions that may be available. You understand that you will pay any additional charges you incur if you connect to the services through a phone number provided by Ringo while you are in a country that is not the same country associated with your network or mobile phone provider (“Roaming Charges”). Roaming Charges will be charged in addition to any charges you may incur when using the App from another country. You are responsible for checking all applicable rates and charges prior to placing a call with the App. We may change the billing period or the rates and charges at any time by posting changes on the website. Any change that is required by law or governmental authority will be effective immediately.

Charges for calls are measured in whole minutes and fractions of a minute will be rounded up to the next whole minute. Timing of the call begins when the call is answered by your contact, including voicemail or an automatic reply. Timing of the call ends when the user hangs up or when Ringo receives a signal that the call has terminated from the terminating carrier.

All calls are pre-paid. You may add to your account balance at any time on the Website or through the App. When a call is charged against your account, we will charge against available balance purchased by you. You agree to pay all taxes, including VAT where applicable, fees and other charges that we bill for the Services. You agree to pay for the Services at the rates and charges listed on Website. You acknowledge that calls in progress may be terminated if your account balance is insufficient to cover the cost of continuing the call.

You agree that you will notify us of any changes to your payment information, including card expiration dates. You understand and agree that if for any reason your account balance becomes negative, you hereby authorize us to charge the negative account balance to any credit or debit card on file with your account without any additional confirmation. We reserve the right to retain any payment information and to charge any card or other payment information for any outstanding amounts on your account so long as your account remains active and for a reasonable period after an account is terminated. If the charge to your account is not accepted for any reason (other than your good faith dispute of a charge), we may charge an additional fee of $10 per transaction and a late fee of $10 per month. We will apply such fees to your unpaid balance.

All rates and charges are reflected in U.S. dollar amounts and all payments must be made in U.S. dollars.

You are responsible for reviewing your billing information. If you believe that Ringo has charged your account in error, you agree to notify us of any disputed charges within ninety (90) days after the date the alleged error appears in your account history or within 120 days after the error occurred, whichever is earlier, in writing in English via email to: legal@ringo.co

If we determine that a billing adjustment is appropriate, we will credit your account. If you fail to timely notify us of a billing dispute, you understand that you hereby waive all rights to bring any claim regarding a charge to your account.

Amounts used are nonrefundable. You acknowledge and agree that if we discontinue the services while your account is active, we are not obligated to refund you any of the prepaid amounts you purchase. Only make prepayments to your account if you believe that you will use the balance.

Prepaid amounts you purchase will remain credited to your account and will not expire so long as your account remains active. If your account expires, you acknowledge that we are not obligated to refund to you any prepaid amounts purchased by you.

7. Account Termination

You may choose to close your account by notifying us by email at legal@ringo.co. We will then terminate your account and you will lose access to your account. You acknowledge that you will not be entitled to a refund of any unused prepaid balance in your account as of the date you terminate your account. You also acknowledge that you will remain responsible for payment of all charges for Services up through termination.

If your account balance is depleted and you do not replenish your account balance within 6 months, we may elect, in our sole discretion, to terminate your account. If your account remains inactive for 12 months, we may elect, at our sole discretion, to terminate your account. If you wish to keep your account active, you may request an extension of this expiration period by notifying us by email at support@ringo.co. We may, at our sole discretion, grant an extension request. We are not obligated to provide an extension nor are we obligated to refund any prepaid balance remaining in your account if your account terminates. We may charge, at our sole discretion, a reactivation fee to reactivate a terminated account or to keep an account from expiring.

We reserve the right, at our sole discretion and for any reason, including, but not limited to, your breach of this Agreement or your unlawful use of the Services, to suspend, restrict, modify or terminate your account and your access to and use of the Services. If your account is suspended, restricted, modified, or terminated, you understand and agree that you are still responsible for any charges that accrue through the date that we fully process any such suspension, restriction, modification or termination. You agree to reimburse us for any reasonable costs we incur in collecting charges owed to us, including attorneys’ fees.

We also reserve the right, at our sole discretion and for any reason, to suspend, modify, restrict, or discontinue the Services at any time.

8. Customer Service

If you have any questions, concerns or complaints about our Services, you may contact our Customer Service through the feature provided within our App and on our website. Please allow up to 72 hours for a response email.

9. Terms and Conditions of Third Parties

You agree to comply with all terms and conditions of any third party whose software or services are used in conjunction with the App, including but not limited to any vendor which provides access and download services (e.g., iTunes, Google Play), any network provider (e.g., AT&T, Verizon), any platform provider (e.g., iOS), or any hardware manufacturer (e.g., Apple iPhone, Android).

10. We Do Not Endorse Any Product or Service

Ringo may allow advertisers to display advertisements within our Services. However, Ringo does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed through the App do not necessarily state or reflect those of Ringo and are not intended to be used for advertising or product endorsement purposes.

11. Section 230 of Communications Decency Act

You acknowledge and agree that Ringo is an interactive computer service provider under Section 230 of the Communications Decency Act. You agree that Ringo will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious communications created by third parties, whether through the Services or otherwise.

12. Children’s Online Privacy Protection Act Compliance

The Services are not directed to persons under the age of thirteen (13) and Ringo will not knowingly collect personally identifiable information from children under the age of thirteen (13) absent the requirements set forth in this Agreement. If Ringo inadvertently collects personally identifiable information, Ringo will delete the personally identifiable information in accordance with its security protocols, upon notice.

13. Feedback and Support

Ringo encourages its users to submit comments, suggestions, error reports, or support inquiries to Ringo using the feedback function of the App or using the website. You acknowledge and agree that any feedback submitted to Ringo, including, but not limited to, any intellectual property or other proprietary information contained within that feedback, will become the exclusive property of Ringo. You agree to assign all right and title in or to any and all feedback that you submit to Ringo and execute any and all documents necessary to assign your rights to any and all feedback to Ringo upon Ringo’s request, including but not limited to any documents necessary to perfect Ringo’s rights in and to intellectual property or proprietary rights.

14. Disclaimer and Limitation of Liability

You acknowledge and agree that the nothing within the App will be construed to create a warranty of any kind. You acknowledge and agree that Ringo takes no responsibility for, is not obligated to monitor and cannot be held liable for all the information contained within or communicated through the App as provided by you, third parties, information sent to Ringo by third parties, and information intercepted by third parties. You agree to hold Ringo harmless for any and all inaccuracies, omissions, errors, loss of data, corruption of data, failure of hardware, failure of the App, or misuse of the App.

RINGO PROVIDES THE APP ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PATENT, TRADEMARK, COPYRIGHT, TRADESECRETS OR ANY OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE APP AT YOUR OWN RISK AND THAT RINGO WILL NOT BE HELD LIABLE FOR ANY DEFECTS, ERRORS, OMISSIONS, BUGS, OR DOWNTIME. ANY ATTEMPT BY RINGO TO MODIFY THE APP WILL NOT BE DEEMED TO BE A WAIVER OF THIS LIMITATION OF LIABILITY. RINGO WILL NOT BE HELD LIABLE FOR ANY CONTENT CONTAINED WITHIN OR COMMUNICATED THROUGH THE APP.

RINGO WILL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOST INFORMATION ARISING OUT OF THE USE, WHETHER PROPER OR IMPROPER, OF THE APP, EVEN IF RINGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RINGO DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR IN, OMISSION OF, INTERRUPTION OF, DELETION OF, DEFECT IN, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY DATA, AUTHENTICATION INFORMATION, OR SERVICES. YOU BEAR THE SOLE RESPONSIBILITY TO PROTECT AND BACKUP YOUR OWN DATA, NETWORK, HARDWARE, SYSTEMS, SERVERS, SOFTWARE, COMPUTERS, PHONES, AND SECURITY.

UNDER ANY CIRCUMSTANCES, YOU ACKNOWLEDGE AND AGREE THAT RINGO’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO ANY AMOUNT THAT YOU MAY HAVE PAID FOR THE APP OR RELATED SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE WAIVE OF IMPLIED WARRANTIES AND THE EXCLUSIONS REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS LISTED IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Indemnification

You agree to indemnify, hold harmless, and defend Ringo, its officers, members, employees, agents, and directors from and against any and all claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys fees, arising out of or in relation to your use of the App, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify Ringo will survive the termination or failure of this Agreement and your use of the App. You acknowledge and agree that your obligation to defend Ringo will not provide you with the right to control Ringo’s defense and you expressly agree that Ringo has the right to direct and control its defense regardless of your obligation to defend Ringo. You shall not enter into any settlement of compromise of any indemnifiable claim without Ringo’s written consent.

16. Assignment

You are expressly prohibited from assigning your rights or obligations under this Agreement without Ringo’s prior written consent. Ringo may assign its rights or obligations under this Agreement at any time, including but not limited to in a sale of the Ringo business or in a sale of the App.

17. Integration

This Agreement together with the list of rates and charges on the Website and the Privacy Policy, which are incorporated into this Agreement, constitutes the entire agreement between the parties relating to the subject matter of this Agreement and hereby supersedes all prior agreements, statements, or representations. This Agreement may only be modified by a writing signed by both parties or by Ringo alone, who reserves the right to alter this Agreement and will notify you of any alterations so as to allow you to stop using the Services if you do not agree to the alterations. Your use of Services after any alteration signifies your acceptance of the terms and conditions of this Agreement and you are bound by them.

18. Choice of Laws and Resolution of Disputes

You agree that for all legal and non-legal purposes, the App is located in United Arab Emirates. You agree that the App does not give rise to personal jurisdiction over Ringo in jurisdictions other than the United Arab Emirates, except where otherwise agreed. This Agreement will be interpreted under and governed by the laws and legal principles of the Republic of Singapore, without regard to its conflicts of laws principles or statutes.

You and Ringo agree that in an effort to resolve any dispute that may arise under this Agreement or in connection with the Services, the parties will make a good faith effort to resolve any dispute by discussion prior to referring any matter to arbitration. If the parties are unable to resolve any dispute through discussion prior to arbitration within fifteen (15) days of commencing discussions, the dispute shall be referred to arbitration.

YOU AND RINGO AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN THE REPUBLIC OF SINGAPORE AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE ARBITRATION ACT OR THE INTERNATIONAL ARBITRATION ACT AS APPROPRIATE. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE REPUBLIC OF SINGAPORE AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND RINGO AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING ANYWHERE THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND RINGO AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE REPUBLIC OF SINGAPORE IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND RINGO HEREBY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Ringo may, but is not obligated to participate in any dispute between users. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU RELEASE RINGO FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

19. Additional Provisions

No waiver of rights under this Agreement by either party will be recognized unless made in writing and signed by the party to be charged. This Agreement is solely between Ringo and you and will not confer any rights or remedies upon any third party, including third party beneficiaries. A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

YOU AND RINGO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST RINGO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

The failure of or delay by either party to insist on strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other breach of this Agreement. No waiver shall be effective unless in writing and signed by the party to be bound.

20. Notice

Any notice under this Agreement or other contact must be sent via certified mail to via email to: legal@ringo.co

Ringo Privacy Policy

At Ringo we recognize that privacy is important. We respect your privacy and believe that we should clearly and transparently disclose our privacy practices to you as the user.

The Ringo mobile and desktop application, software, design, servers, data, user input, content, website located at www.ringo.co (“Website”), and associated services (collectively “Services” or “App”) are owned and operated by Talk.to FZC (“Ringo”). Ringo has adopted this Privacy Policy to inform you that it collects limited non-personal, personal and personally identifiable information when you use our Services and to explain how this personal and personally identifiable information is used by our Ringo App. This Privacy Policy does not apply to third party websites or applications, and you visit such third party sites and apps at your own risk, consistent with their privacy policies, if any.

RINGO MAY CHANGE, MODIFY, AMEND, SUSPEND, TERMINATE, OR REPLACE THIS PRIVACY POLICY FROM TIME TO TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT RINGO CHANGES, MODIFIES, AMENDS, OR REPLACES THIS PRIVACY POLICY, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR CONTINUED USE OF THE SERVICES AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS PRIVACY POLICY CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE CHANGE, MODIFICATION, AMENDMENT, OR REPLACEMENT CONTAINED WITHIN.

1. COLLECTION OF INFORMATION

Ringo’s App allows you to input information about you directly into the App and collects certain information programmatically when you register for Ringo’s Services, when you install and use the App on your device, and when you use the Services as described in more detail below. Such information may contain personal or personally identifiable information. We may combine information about you that we have with information we obtain from other partners or other companies in order to provide you a better experience or to improve the quality of our services.

A.Ringo May Collect the Following Personally Identifiable Information (PII) from you

Personally Identifiable Information (“PII”) is information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual. Ringo collects PII from you when you voluntarily provide it to us, in instances in which you must provide such information to use features of the Services, and programmatically when you install the App, and when you visit websites of our partners. Ringo may collect this PII from you through various channels, including, but not limited to, through your voluntary submission of information to the Services, through requests initiated by you through the Services, and through communication with third parties.

We may share PII with our parents, subsidiaries, divisions, and affiliates or as part of any sale, merger or acquisition. We will also share PII with our service providers as required to provide you with our Services, for example, we send phone numbers you dial to our VOIP service provider so that you may place calls and we send credit card information to our third party payment processor so that you may pay for the Services. We will never sell your PII to unaffiliated third parties without your approval at the time of collection. You agree to inform Ringo of any changes to your PII, and to protect the security of your username, password and PII.

Our primary goals in collecting information is to provide you with the services made available through the App, including, but not limited, to communicate with you, and to manage your registered user account, if you have one, and to improve the Services. Here is the PII that Ringo may collect from you:

  1. Any information that you voluntarily submit/input to the Services and information collected programmatically when you install the App, for example, without limitation:
    a.First and last name; b.Email address(es); c.Mobile and other phone number(s) d.Date of birth; e.Location; f.Contacts; g.Preferences; h.Your mobile device information, including, without limitation, device type, ID, model number, operating system, application, and related information; i.Calls you place using the App; j.Payment information, including credit/debit card or other payment account information; k.Other required account or other information to utilize the service.
  2. 2.Your MAC and/or IP address.

Your contact and payment information is submitted and payment is processed through a secure connection.

B.Ringo May Also Collect the Following Non-PII from You

Ringo may collect non-PII from you through various channels, including, but not limited to, through your voluntary submission of information to the Services, and programmatically when you install the App, through requests initiated by you through the Services, through communication with third parties, and through your browsing the Website. Your computer, mobile device and browsing activities may also be stored through the use of various third party tools, such as Google Analytics, and through other sources permitted by law.

We may share non-PII with our parents, subsidiaries, divisions, and affiliates or as part of any sale, merger or acquisition. As noted above for PII, we may share non-PII with our services providers as required to provide you with our Services. We will never sell your non-PII to unaffiliated third parties without your approval at the time of collection.

Here is the non-PII that Ringo may collect from you:

  1. Your use of the Services, including, without limitation, number of services used, number of calls made by you, payments made, and number of logins;
  2. Your geolocation;
  3. Your access devices;
  4. Your use of the Services, including, without limitation, data usage, web page views, frequency of use, statistics, functionality utilized, and web pages visited;
  5. Your browser and search engine information;
  6. Information stored in tracking technology, such as cookies, pixel tags, or web beacons, as well as log files;
  7. Analytic data from third party providers, including Google Analytics; and
  8. 8.Any other additional analytic data that you voluntarily submit to the Services.

This Non-PII does not identify you individually. When you use the Website, we send one or more cookies—a small file containing a string of characters—to your device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends, and providing you with a better experience. We may set one or more cookies in your browser when you use our services or one of our partner's services.

2.USE OF INFORMATION

A.Ringo Uses this PII and Non-PII Information in the Following Ways

Ringo uses your PII and Non-PII to provide you with and bill you for the Services, to communicate with you, to identify and fix problems with the Services, to update you on changes to the Services, to communicate with you concerning your account, if applicable, and to update you on Ringo’s services offered through the Services or the services of third parties. We use this information to make the Services easier for you to use, for example, by eliminating the need for you to repeatedly enter the same information. We also use this information for auditing, research and analysis purposes so that we are able to maintain, protect, and improve the Services and ensure the technical functioning of our network.

You further authorize the following uses:

  1. Enable your use of the Services;
  2. Process payment and verify payment information;
  3. Improve algorithms;
  4. Measure service usage;
  5. Publish summaries online or offline;
  6. Develop new features and services;
  7. Contact and communicate with you, whether through email, phone, push notifications or messages within the Services;
  8. Customize and/or tailor the Services and your user experience, which may include targeted selection and display of third party advertisements within the Services (i.e. behavioral advertising);
  9. Display limited profile information to other users, including your name, email address and phone number and to display any other content you post to the Services which is meant for public consumption;
  10. Advertise and provide you with information about products, benefits and services of Ringo;
  11. Provide you with information or services that may be of interest to you;
  12. Transmit and process your information and actions within the Services;
  13. Provide statistical information, and include you in the same, where applicable;
  14. Provide you with technical service and support, including updates;
  15. Understand your needs and requests;
  16. Communicate promotions or other offers;
  17. Prevent and detect illegal activities or violations of the End User License Agreement;
  18. Protect Ringo’s rights and property and the same of our users;
  19. Combine your Personal Information with information from other Ringo applications and/or services;
  20. Promote mobile applications Ringo develops for other related apps;
  21. Facilitate your use of the Services, its upgrades, or its replacements;
  22. Provide the information to third parties performing services in support of our delivery of Services to you;
  23. Personalize your experience with our Services;
  24. Respond to legal requirements, exercise our legal rights or defend against legal claims, to protect our interests, fight fraud or illegal activity, to enforce our policies, or to protect third party rights, property, or safety.

PII and non-PII may be displayed on the Services, and Ringo may further distribute your information it to a wider audience through third party sites and services as long as they comply with or such distribution is consistent with this Privacy Policy.

Ringo or one of our advertising partners may deliver advertisements appearing on or through the Services to you. This privacy statement only covers the use of cookies by Ringo and does not cover the use of cookies by any of its advertisers. You understand and agree that Ringo will not be held responsible for any third party communications sent by entities that Ringo does not own or control, including other Ringo users, or for any third party links (including advertisements). We encourage you to review any third party privacy policies before utilizing any such third party service.

We use external advertising companies to serve ads when you have visited our website. These companies may use information (NOT including your name, address email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services that may be of interest to you.

Ringo may outsource or subcontract some of our technical support, tracking and reporting functions, and other services to third parties. We may share information from or about you with them so that they can perform their services as long as they comply with this Privacy Policy.

3.STORAGE OF INFORMATION

Ringo’s infrastructure consists of servers deployed at multiple datacenters that are owned and operated by our partners or us. All information collected in connection with the Services resides on this network of servers and/or on your device. Much of your information is stored on your device and is subject to the security and privacy policies of your device and storage providers. If Ringo is using a vendor, all data storage by the vendor is consistent with the vendor’s policies. All data storage by Ringo of your PII or Non-PII is may be stored and processed on computers located outside of your country, and through your use of the Services you unequivocally consent to the processing and storage of your information outside of your own jurisdiction within. You understand and agree that Ringo may continue to store your information after you cease use of the service or disable your use of, access to, or otherwise of the App.

Ringo uses commercially reasonable and standard practices and technology to help prevent against the unauthorized access to, disclosure of, or alteration or destruction of your personal or personally identifiable information. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store PII and Non-PII. We restrict access to such information to our employees, contractors and agents who need to know that information in order to operate, develop or improve the Services. These individuals are bound by this Privacy Policy and other confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Though we undertake commercially reasonable efforts to protect your personal and personally identifiable information, no software or service is completely safe. Accordingly, you provide all such personal or personally identifiable information at your own risk.

4.SHARING INFORMATION

A.Ringo May Share your Information with Third Parties in the Following Circumstances

Where Ringo has obtained your consent, including when you choose to register a user account, use the Services, and otherwise share your information with Ringo, other users and/or other third parties; where sharing or disclosure of your personal or personally identifiable information is necessary to provide you with the Services; where sharing or disclosure of your personal or personally identifiable information is necessary to share personal or personally identifiable information with Ringo’s parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners (We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.); where Ringo has been purchased by a third party; where sharing or disclosure of your personal or personally identifiable information is necessary to respond to requests by government authorities; where your personal or personally identifiable information is demanded by a court order or subpoena; where sharing or disclosure of your personal or personally identifiable information is needed to protect the employees, independent contractors, officers, directors, members, users, or shareholders of Ringo; where sharing or disclosure of your personal or personally identifiable information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty; and where otherwise permitted to do so by this Privacy Policy or by law. You understand and agree that Ringo may specifically share your information with mobile service providers, or search engine providers, in order to complete the services offered through the Services.

Ringo may share or disclose non-private, aggregated or otherwise Non-PII in the aggregate with third parties, such as advertisers, licensees and content distributors. This information does not identify you individually.

B.Your Choices

You may contact Ringo with any requests regarding your information, but Ringo reserves the right to act or not act upon such requests.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled. You may decline to submit personal and personally identifiable information to any of our services, in which case we may not be able to provide those services to you.

If, at any time, you prefer not receive communications from Ringo, simply follow the unsubscribe options at the bottom of each such communication or contact us directly. We will make commercially reasonable efforts to implement your opt-out requests promptly, but you may still receive our emails for up to ten (10) business days as Ringo processes your request.

When you use the Services, Ringo makes good faith efforts to provide you with access to your PII and to correct this data if it is inaccurate.

C.No-Spam Policy

We have a strict No-Spam Policy prohibiting the use of any data collected to send spam communications. We will not sell any contact information to third parties.

5. CALIFORNIA RESIDENTS

California residents have the right to receive information that identifies any third party companies or individuals that Ringo, has shared your PII with in the previous calendar year, as well as a description of the categories of PII disclosed to that third party. You may obtain this information once a year and free of charge by contacting Ringo at privacy@ringo.co.

Some browser software incorporates “Do Not Track” features. When turned on, these features send a signal to the websites you visit indicated that you do not want your use of the website to be tracked. Ringo ignores Do Not Track requests.

6.CHILDREN’S ONLINE PRIVACY PROTECTION POLICY

The Services are not intended for or directed to users under the age of thirteen (13), and Ringo does not knowingly or intentionally collect personally identifiable information from children under the age of thirteen (13) or other minors. Where appropriate, Ringo takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by Ringo, please contact us immediately so appropriate steps may be taken to remove such information from Ringo’s database.

7.CHANGES TO THIS PRIVACY POLICY

Please note that this Privacy Policy may change from time to time. Ringo will post any changes in the Services. In the event that Ringo makes changes to this Privacy Policy, the effective date noted above will change and your continued use of the Services after a change in the effective date constitutes your manifestation of assent to the change. If you do not agree to the change, you may not continue to use the Services.

8.CONTACT AND NOTICES

If you have any questions or concerns about this Privacy Policy, please contact us by email at privacy@ringo.co.

All requests for information pursuant to this Privacy Policy or notices required must be sent via email to privacy@ringo.co.