Terms of Use
& End User License Agreement
THESE TERMS OF USE & END USER LICENSE AGREEMENT (“EULA”) for a CUBED MOBILE (“Virtual Phone”) is a legal agreement between you and Privacy Software Solutions Ltd. and its affiliates (together: “PSS”), effective as of the date you first activate and/or first use your Virtual Phone.
PLEASE READ CAREFULLY BEFORE USING AND/OR ACTIVATING YOUR VIRTUAL PHONE. BY ACTIVATING AND/OR USING YOUR VIRTUAL PHONE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT ACTIVATE OR USE THE VIRTUAL PHONE.
1. Virtual Phone Software
1.1. The software, the temporary phone number that may be assigned to you, and any data that came with your Virtual Phone, as may be updated in any form (“Virtual Phone Software”), are licensed by PSS for use solely under the terms of this EULA.
1.2. Use of and access to certain features of the Virtual Phone and/or the Virtual Phone Software and/or Services (as defined in Section 7 below) may transmit data over the internet and may require internet access in order to function properly at varying capacities. Consequently, you acknowledge that many features and services of the Virtual Phone and/or the Virtual Phone Software and/or Services transmit data and could entail charges to your data plan, and that you are responsible for any such charges.
2. Grant of License
Subject to the terms and conditions of this EULA, you are granted a limited, non-transferable, non-sub-licensable, non-exclusive license to use the Virtual Phone Software on a single device, in connection with a phone number that may be assigned to you.
3. License Restrictions
3.1. Except to the extent otherwise expressly and unambiguously authorized by PSS or, with respect to any restriction which is explicitly prohibited by applicable law, you shall:
3.1.1. NOT distribute or make the Virtual Phone Software available over a network. This EULA does not grant you any rights to use PSS proprietary interfaces and other intellectual property, for the design, development, manufacture, licensing or distribution of devices, accessories or software applications.
3.1.2. NOT, and you agree not to enable others to, modify, make copies of, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works of the Virtual Phone Software or any part thereof.
ANY SUCH FORBIDDEN USE SHALL IMMEDIATELY TERMINATE YOUR LICENSE TO USE THE VIRTUAL PHONE SOFTWARE AND THE VIRTUAL PHONE.
3.2. You shall only use the Virtual Phone Software and the Services in compliance with all applicable laws, including local laws of the jurisdictions in which you use and/or download or use the Virtual Phone Software and Services, and the jurisdiction in which you reside. Features of the Virtual Phone Software and the Services may not be available in all languages or regions; some features may vary by region; and some may be restricted or unavailable from your service provider.
3.3. You shall comply with any United States export controls and all U.S. export laws, whether or not applicable. You represent and warrant that you are not: (i) located in or a national or resident of any country that is subject to U.S. trade sanctions; or (ii) on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
4.1. Title, ownership, and intellectual property rights in and to the Virtual Phone Software, including the telephone number that may be assigned to you, shall remain vested in PSS, which reserves all rights not expressly granted to you. You agree that the terms of this EULA will apply to any app that may be pre-installed on your Virtual Phone, unless such app is accompanied by a separate EULA, in which case you agree that the terms of that EULA will govern your use of that app. PSS may, from time to time at its sole discretion, change the telephone number that may have been assigned to you.
4.2. Title and intellectual property rights in and to any content displayed by, stored on or accessed through your Virtual Phone, belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this EULA does not grant you any rights to use such content, nor does it guarantee that such content will continue to be available to you.
This license does not allow you to use the Virtual Phone Software or any portion thereof on any device that you do not own or control, and you may not distribute or make the Virtual Phone Software or any portion thereof available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Virtual Phone Software or any portion thereof.
You acknowledge that when you use your device, your phone number and certain unique identifiers for your Virtual Phone are sent to PSS. You agree that PSS may transmit, collect, maintain, process and use any ID or unique identifier collected from your Virtual Phone, and that PSS may be required to access and/or modify your Virtual Phone and to otherwise control phone hardware and/or software in order to facilitate the use of certain features of the Virtual Phone. At all times, your information will be treated in accordance with PSS’s Privacy Policy, which can be viewed at: https://cubedmobile.com/cubedmobile/cubed-mobile-privacy-notice/, and which is hereby incorporated by reference into this EULA.
7. Services and Third-Party Materials
7.1. Your Virtual Phone may enable access to third-party services, apps, software and web sites (collectively, the “Services”). Use of these Services may require you to accept additional terms which you hereby agree to comply with, and may be subject to additional fees.
7.2. You agree to use the Services at your sole risk and that PSS assumes no liability to you for content, privacy policies, or practices of any third party that may be found to be offensive, indecent, or otherwise unacceptable to you.
7.3. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party web sites. By using the Services, you acknowledge and agree that PSS does not endorse any third party products or websites, and PSS is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. PSS, its officers, affiliates and subsidiaries do not warrant or endorse, and do not assume any liability or responsibility to you or any other person for, any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.
7.4. You are solely responsible for all communications of whatever type you conduct or store, and for any content of any kind that you transmit via the Virtual Phone and/or the Services. You shall refrain from using the Virtual Phone in any manner which is unlawful, or offensive or unacceptable to you. In the event of content of a third party which is unlawful, or offensive or unacceptable to you, you shall have no claims against PSS in connection therewith.
7.5. Services and Third-Party Materials that may be accessed, linked to or displayed on the Virtual Phone are not available in all languages or in all countries or regions. PSS makes no representation that such Services and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access Services and Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. PSS reserves the right to change, suspend, remove, or disable access to any Services at any time, without notice or liability. In no event will PSS be liable for the removal or disabling of access to any such Services. PSS may also impose limits on the use of or access to certain Services, in any case, and without notice or liability.
8. Updates
PSS, at its discretion, may make available future updates for your Virtual Phone and/or the Virtual Phone Software. Such software updates, if any, may not necessarily include all existing software features or new features that PSS releases for newer or other models of Virtual Phones. The terms of this EULA will govern any software updates provided by PSS for the Virtual Phone and/or the Virtual Phone Software, unless such Virtual Phone Software update is accompanied by a separate license, in which case the terms of that license will govern.
This EULA is effective until terminated by PSS, in its sole discretion, at any time. Your rights under this EULA will terminate automatically or otherwise cease to be effective without notice from PSS if you fail to comply with any term(s) of this EULA. Upon the termination of this EULA, you shall cease all use of the Virtual Phone and the Virtual Phone Software and any right to use the same shall be revoked with immediate effect. In any event of termination of this EULA, you shall, without delay, destroy all copies, full or partial, of the Virtual Phone Software. It is hereby clarified that Sections 4, 5, 6, 9, 10, 11 and 12 of this EULA shall survive any such termination.
10.1. You expressly acknowledge and agree that, to the extent permitted by applicable law, the use of the Virtual Phone and any services performed by or accessed through the Virtual Phone is at your sole risk and that the entire risk as to satisfactory quality, performance and accuracy remains with you only.
10.2. THE VIRTUAL PHONE SOFTWARE IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS MESSAGES TO ANY EMERGENCY SERVICES.
10.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VIRTUAL PHONE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PSS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VIRTUAL PHONE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY.
10.4. PSS does not warrant that the functions contained in, or services performed or provided by, the Virtual Phone and/or the Virtual Phone Software, will meet your requirements, that the operation will be uninterrupted or error-free, that any Service will continue to be made available, that any will be corrected, or that they will be compatible or work with any third-party software, applications or third-party services. Installation of the Virtual Phone Software may affect the availability and usability of third-party software, applications or third-party services, as well as PSS products and services. Without derogating from the generality of the aforesaid, you hereby expressly acknowledge and confirm that you are aware that the device in which the Virtual Phone is installed is merely a platform for the Virtual Phone and the Services. You acknowledge and agree that PSS will not be responsible for any damage or loss in connection with your device, including but not limited to, the device’s original software. You acknowledge that the installation of the Virtual Phone Software could terminate the device’s original warranty, provided by the device manufacturer. You hereby irrevocably and unconditionally release, forever discharge and hold PSS harmless, from any and all complaints, claims, demands, liabilities, obligations, damages, losses, expenses, actions or rights of action of any nature whatsoever in connection with your device.
10.5. Should the Virtual Phone, the Virtual Phone Software or the Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL PSS, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, RELATED TO YOUR USE OR INABILITY TO USE THE VIRTUAL PHONE, VIRTUAL PHONE SOFTWARE AND/OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PSS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Miscellaneous
12.1. This EULA will be governed by and construed in accordance with the laws of the State of Israel, excluding its conflict of law principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
12.2. This EULA constitutes the entire agreement between you and PSS relating to the Virtual Phone Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and expressly approved by PSS.
12.3. If you have any questions regarding this EULA, please contact us by e-mail at info@cubedmobile.com
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