January 1, 2015
Calalia, LLC (“Calalia”, “Our”, “We” or “Us”) (collectively, the “Services”). Calalia has designed this
“Your”) personal information in connection with Your access to, and use of, the Services. Personal
identify You or is associated with any such information.
- We have strict policies and procedures to protect Your information from being disclosed to unauthorized
parties. We safeguard Your information in accordance with industry standard procedures and security
standards. We maintain physical, electronic and procedural safeguards to protect Your personal
information. Additionally, We continually assess new technologies to ensure that We are taking
reasonable steps to protect Our records.
- The Services are not intended for use by anyone who is not able to enter into a legally binding
contract. If You are not able to legally form binding contracts, You may not use any of the Services or
sign up for, access or use any of the Services.
- We hope that the information below provides You with a better understanding of Our strict privacy
protection policies. Please note that Calalia reserves the right to modify these policies at any time.
We invite You to periodically consult this section for possible updates and changes.
ACCOUNTABILITY TOWARDS YOUR PERSONAL INFORMATION
- We are responsible for the personal information under Our control, including, but not limited to,
information that has been transferred to a third party for processing (if applicable).
- We have designated a Privacy Officer who is responsible for Our compliance with this policy and with
privacy legislation. Should You have any questions concerning this Agreement, please contact Calalia.
WHAT INFORMATION DO WE COLLECT?
We may collect the following types of information:
(a) Registration Information: When You sign up for a user account for any of the Services, We collect
personal information, such as Your name, physical and email address, and telephone number.
(b) IP Information: In general, We collect and use anonymous information and data regarding Your access
and use of the Services. When You visit the Services via a browser, Our servers record the information
that Your browser automatically sends whenever visiting or using any of Our websites (“Websites”),
including Your web request, the Internet Protocol address and browser configuration of Your computer,
the date and time of Your request, the uniform resource locator of the referring and/or exiting
(c) Cookies and Analytical Tracking: Sometimes We use cookie technology, web beacons and other similar
devices on Our Websites to enhance functionality and navigation for our visitors, and portions of Our
Websites may use statistical tools that may be operated by third party providers (collectively, the
“Analytical Tools”). Information tracked through these mechanisms includes, but is not limited
(i) your IP address;
(ii) the type of web browser and operating system being used;
(iii) the pages of a Websites a user visits; and
(iv) other websites a user visited before visiting one of the Websites. If you wish to disable cookies,
refer to your browser help menu to learn how to disable cookies. Please note that if you disable
cookies, you may be unable to access some customized features on the Websites. Cookies do not collect or
contain your personal information.
Internet tags, graphic tags and similar web beacon type functions allow Us to count the number of users
who have visited a particular web page or to access certain cookies. We may use web beacons on the
Websites to count users and to recognize users by accessing our cookies. Being able to access our
cookies allows Us to personalize the Websites and improve your experience at the Websites. We may also
include web beacons in HTML-formatted e-mail messages that We send to determine which e-mail messages
were opened. Like cookies, web beacons do not collect or contain your personal information.
In the case of Analytical Tools, the information generated by the cookies and/or web beacons about your
use of the Websites (including your IP address) will be transmitted to and stored on servers located
outside of the United States of America (“USA”), by the applicable third party provider of an Analytical
Tool. This information will be used for the purpose of evaluating your use of the Websites, compiling
reports on Websites activity and providing other services relating to Websites activity and Internet
usage. The third party providers of Analytical Tools may also transfer this information to other third
parties where they are required to do so by law, or where such third parties process the information on
By using a Website, you consent to the processing of data about you by third party providers of
Analytical Tools in the manner and for the purposes set out above.
(d) Information that You Provide: We may occasionally request from You or You may otherwise voluntarily
provide Us with information that personally identifies You (including, but not limited to, downloads,
product or service purchases, user support, contests, feedback, surveys and forums). We may receive
personal information about You from a broad range of activities through the Services, including, but not
limited to, Your inputs to the Services and general correspondence with Us. Depending on the service
used, the personal information We collect may include contact information and demographic information,
such as email address, phone number, display name and information about Your Device, as defined below,
including, but not limited to, its unique identifier number.
(e) User communications: When You send email or other communications to Us, We may retain those
communications in order to process Your inquiries, respond to Your requests and improve the Services.
Some of the Services may be used to send messages and/or other content between other users of the
Services or to third parties. If You send a message and/or other content to another user of the
Services, We will retain that message and/or other content on Your behalf and will disclose that message
and/or content to such user. When You send and receive SMS, MMS or other messages to or from one of Our
services that provides SMS, and/or MMS functionality, We may collect and maintain information associated
with those messages, such as the phone number, the wireless carrier associated with the phone number,
the content of the message, and the date and time of the transaction.
(f) Third Party Applications: We may make third party applications, such as extensions, available
through the Services. The information collected by Us when You enable a third party application is
governed by their privacy policies.
When We request personal information from You, We will inform You of the type of information We need and
Internet access and/or communication.
CONSENT AND OPTING OUT
Calalia will make reasonable efforts to ensure that You are advised of the purposes for which the
section ‘How and Why We Use This Information’ found below).
You can choose not to provide Us with certain information in some situations. Calalia will not, as a
condition of the supply of the Services, require an individual to consent to the collection, use, or
disclosure of information beyond that is required to fulfill the explicitly specified and legitimate
purposes. However, if You choose not to provide Us with certain information, We may not be able to
provide You with certain, or all of, the Services or information.
You may withdraw Your consent to the ongoing uses or disclosures of personal information set out in this
be informed of the implications of such withdrawal. You may opt out of receiving promotional and
marketing communications by sending Your request to Us. You will also have options for removing Your
information from Our database, not receiving future communications or no longer receiving Our Services.
HOW AND WHY WE USE THIS INFORMATION
In general, We collect and use Your personal information to:
a) provide and improve the Services to You and other users of the Services;
b) protect the rights or property of Calalia or other users of the Services;
c) maintain commercial relations and to communicate with our Services (which will include, but not be
limited to, advertising, promotion and account verification);
d) respond more accurately and efficiently to Your requests;
e) protect against fraud;
f) manage and develop Calalia’s business and operations; and
g) meet legal and regulatory requirements.
- We may use Your email address to communicate with You about Our services. We may also keep and use
anonymous aggregate statistics that do not personally identify You for various purposes including, but
not limited to, analysis and reporting of usage patterns.
DISCLOSURE AND RETENTION OF PERSONAL INFORMATION
- Our servers are located in the USA. Accordingly, in connection with providing You with the Services,
Your personal information will be processed and stored in the USA and the governments, courts law
enforcement or regulatory agencies of which may be able to obtain disclosure of Your personal
information through the laws of the USA.
- We only share personal information with other companies or individuals outside of Calalia in the
following limited circumstances:
(a) With Your Consent: When We have Your consent. We require opt-in consent for the sharing of any
sensitive personal information.
(b) Legal or other compulsion: In certain circumstances We may disclose personal information where We
have a good faith belief that access, use, preservation or disclosure of such information is reasonably
(i) satisfy any applicable law, regulation, legal process or enforceable governmental request;
(ii) enforce applicable terms or use, license or other agreements applicable to the Services, including
investigation of potential violations thereof;
(iii) detect, prevent, or otherwise address fraud, security or technical issues; or
(iv) protect against imminent harm to the rights, property or safety of Calalia, its users or the public
as required or permitted by law.
(c) Other instances: Personal information may also be disclosed in connection with a sale, transfer or
reorganization of one or more of Calalia’s businesses, in which case if the acquiring company should
(d) Aggregate Information: We reserve the right to use and disclose anonymous aggregate statistics for
any purpose and to any third party in Our sole discretion.
- From time to time We may employ third parties to help Us provide or improve the Services. These third
parties may have limited access to databases of user information or registered member information of a
Service solely for the purpose of helping Us provide or improve such Services and they will not be able
to use the information about Our members or visitors for any other purpose.
- Except where We are required by law to disclose personal information, We will require any person to whom
maximum extent permitted by law, We will have no liability to You if any person fails to do so.
- We will retain personal information that has been used to make a decision about an individual long
enough to allow the individual access to the information after the decision has been made, and, in the
event of an access request or a challenge, long enough to exhaust any recourse an individual may have
under applicable law.
PERSONAL INFORMATION SAFEGUARDS
- In the event that Your personal information that is in Our control is to be transferred to a third party
for processing, Calalia will use contractual or other means to provide a comparable level of protection
while the information is being processed by a third party.
- We have deployed a variety of technology and security features to ensure the privacy of personal and
anonymous information on Our system. We use procedural and technical safeguards to protect Your personal
information against loss or theft, as well as against unauthorized access or disclosure, to protect Your
privacy, including firewalls and encryption. We employ many different security techniques to protect
such data from unauthorized access by users inside and outside Calalia.
- We will continue to revise policies and implement additional security features as new technologies
become available. HOWEVER, “PERFECT SECURITY” DOES NOT EXIST ON THE INTERNET, THEREFORE, CALALIA MAKES
NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SUFFICIENCY OF THESE SECURITY MEASURES. CALALIA
SHALL NOT BE RESPONSIBLE FOR ANY ACTUAL OR CONSEQUENTIAL DAMAGES (OR ANY OTHER DAMAGES OR LIABILITY OF
ANY KIND WHATSOEVER, WHETHER AS A RESULT OF NEGLIGENCE OR OTHERWISE) THAT RESULT FROM A LAPSE IN
LINKS TO OTHER WEB SITES AND THIRD PARTY ADS
- The Services may include advertisements regarding or otherwise contain hyperlinks to other websites,
including those of Our business partners, vendors and advertisers. Advertisements for third parties and
their products may be included with the Services and those third party advertisements and web sites may
include a cookie, web beacons, or other device(s) of the third party. We do not have control over the
cookies, web beacons, or other devices used by third parties and do not have access to whatever
information they may collect. You acknowledge and agree We are not responsible for the content or for
the privacy practices employed by third parties.
- Upon written request, We will make readily available to You specific information about Our policies and
practices relating to the management of personal information, other than confidential commercial
ACCESSING AND UPDATING PERSONAL INFORMATION
- We make good faith efforts to provide You with access to Your personal information that We have retained
and either to correct this data if it is inaccurate or to delete such data at Your request if it is not
otherwise required to be retained by law or for legitimate business purposes.
- Upon appropriate request, We will usually be glad to update or amend Your personal information that We
have retained, but We reserve the right to use information obtained previously to verify Your identity
or take other actions that We believe are appropriate.
- An individual will be able to address a challenge concerning compliance with the practices to Calalia’s
Privacy Officer. You may contact Our Privacy Offer through one of the ways listed at the beginning of
will take appropriate measures, including, if necessary, amending Our policies and practices.
January 1, 2015
ACCEPTANCE AND MODIFICATION
- Acceptance. Please carefully read the representations, warranties, conditions, covenants and agreements set
forth below in this end user license agreement (the “Agreement”) as they contain the legal terms that govern
Your use of all products, software, services and websites of Calalia, LLC (“Calalia”, “We”, “Us” or “Our”)
(collectively, the “Services”) and the App (as defined below). This Agreement is a binding contract between you
(“You”, “Your” or the “User”) and Calalia and it explains Your rights and obligations when You use the App and
the Services. In this Agreement “App” means the software application distributed by Calalia for use on Your
Device (as defined below) in order to access the Services, as well as any future versions, improvements,
developments, programming fixes, updates and upgrades thereof; and “Device” means a smartphone, tablet, computer
or other device enabled for internet access and/or communication.
USER) ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT IN CONNECTION WITH YOUR USE OF BOTH THE APP
AGREE WITH THIS AGREEMENT AND YOU WILL NOT HAVE ACCESS TO THE APP OR THE SERVICES.
- Modification. Calalia reserves the right to change the terms of this Agreement at any time by publishing the
revised Agreement on the Calalia’s website. The revised Agreement shall become effective within thirty (30) days
of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button
(if this option is made available). Your express acceptance or Your continued use of the Services after expiry
of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and
conditions of the revised Agreement. You can find the latest version of this Agreement at
- Downloading of the App, use of the Services and registration for an account to use the Services (“Your Account”)
is void where prohibited. You must be 18 years or older to use the Services (including, but not limited to,
registering for an account). By registering for the Services, You represent and warrant that You are 18 or older
and that You have the capacity to understand, agree to and comply with this Agreement. Your Account may be
deleted and Your access to the Services may be terminated without warning if We believe that You are under 18
years of age.
- Calalia’s policies and procedures with respect to its collection, use and disclosure of Your personal
responsibilities with regard to Your personal information. We will not use Your information in any way
agreed to by You.
LICENSE FROM the Services
- Subject to the terms and conditions of this Agreement, Calalia hereby grants You a limited, personal,
non-exclusive, non-sublicensable, non-assignable license to:
(i) download, install and use the App on Your Device for the sole purpose of personally using the Services;
(ii) use the Services together with the App in accordance with this Agreement.
Unless Calalia has given You specific written permission to do so, You may not assign (or grant a sub-license
of) Your rights to use the App or otherwise transfer any part of Your rights to use the App.
- During the registration and set-up for Your Account, You will be required to provide Us with certain information
about Yourself including, without limitation, Your physical and email addresses and telephone number. As part of
the registration process for Your Account, You will choose a password (the “Password”) for Your authorized
access and use of the Services. Your Password is unique to You alone. Without them, no one can log-in to Your
Account. You must carefully select Your Password so that it cannot be easily guessed by anyone else. You agree
to keep Your Password absolutely confidential, and ensure it is never disclosed, accidentally or otherwise, to
anyone else. You are fully responsible for all activities that occur under Your Account.
You represent and warrant to Calalia that:
(i) all required registration information You submit is truthful and accurate;
(ii) that You will maintain the accuracy of such information; and
(iii) Your use of the App and the Services does not violate any applicable laws.
You agree to maintain accurate information by providing updates to Calalia, as needed. You agree that We may use
and rely on any such information provided by You for all purposes in connection with Your use of the Services,
or incomplete, or if We have reasonable grounds to suspect that such information is inaccurate, not current,
false, misleading or incomplete, We have the absolute right, in Our sole discretion, to terminate or suspend
Your access to the Services and to Your Account (which will also result in You not being able to use the App).
You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use, of Your Account or
any other breach of security. Calalia shall not be liable for any loss or damage arising from Your failure to
comply with the above requirements.
LICENSE FROM YOU FOR YOUR CONTENT
We require certain rights to the messages, information, data, text, images, graphics or other materials
(collectively, the “Content”) that You transmit, post, make available, submit or otherwise communicate to or
through the Services (“Your Content”) (expressly excluding Your user data and personal information, which is
claim any intellectual property rights in Your Content. As between Calalia and You, You own, or have the rights
to, Your Content at all times. By submitting, transmitting, making available or posting Your Content through the
Services, You grant Us a world-wide, royalty free, perpetual, irrevocable and non-exclusive right and license to
use, sublicense, reproduce, modify, adapt, publish, translate, distribute, perform and display Your Content
worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed
for the purposes of operating and providing the Services.
By transmitting, posting, making available, submitting or otherwise communicating Your Content to or through the
Services, You represent and warrant to Calalia that You own, have a license to or otherwise control all of the
rights to Your Content, and that Our use of Your Content (in accordance with this Agreement) will not infringe
or violate the rights of any third party including, but not limited to, any privacy or intellectual property
rights, or constitute violation of any applicable law. You agree to pay for all royalties, fees, and any other
monies owing any person by reason of any of Your Content.
You shall not have any right to terminate the licenses to Your Content granted in this Agreement, nor to seek,
obtain, or enforce any injunctive or other equitable relief against Calalia in connection with its use of Your
Content in accordance with the this Agreement, all of which such rights are hereby expressly and irrevocably
waived by You in favor of Calalia.
WE ARE NOT OBLIGATED TO BACK-UP ANY OF YOUR CONTENT AND YOU ACKNOWLEDGE AND AGREE THAT ANY OF YOUR CONTENT MAY
BE DELETED AT ANYTIME. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UP COPIES OF YOUR CONTENT IF YOU DESIRE.
COLLECTION AND USE OF PERSONAL INFORMATION
- Collection of Personal Information: Your use of the the Services may involve the collection, use and disclosure
of personal information to or by Calalia, and by agreeing to this Agreement You consent to Calalia’s collecting,
using or disclosing personal information in order to facilitate the Services and for the purposes described in
Services (including, without limitation, any social networking and personal update features made available
through the Services). You should give due consideration before agreeing to have Your personal information
disclosed to other persons. Personal Information provided by You will be stored on servers operated by or on
behalf of Calalia in the United States or other countries that may have less protective data protection laws
that the region in which You are situated.
- The Services is a community oriented service. Please remember that any Content that You post, submit or
otherwise communicate to or through the Services is Your own responsibility and We expect You to take utmost
care to ensure that it remains friendly, courteous, respectful of others and is compliance with this Agreement.
You are required to comply with all applicable laws in connection with Your use of the Services and such further
limitations as may be set forth in this Agreement and in any written or on-screen notice from Calalia. You may
not use the Services for any purpose that is unlawful or prohibited by this Agreement or that otherwise harms
Calalia, its affiliates, its service providers, suppliers or customers.
You agree that You will not use the Services to post, transmit, make available, submit or otherwise communicate
any Content that:
(i) is harmful or obscene;
(ii) is defamatory, slanderous, libelous, harassing or abusive other otherwise harasses or advocates harassment
of another person;
(iii) contains nudity, excessive violence, or offensive subject matter or contains a link to an
(iv) constitutes or promotes information that You know is false or misleading or promotes illegal activities or
conduct that is abusive, threatening, defamatory or libelous;
(v) infringes the copyrights, patents, trade secrets, trademarks, trade names or other proprietary rights of any
person or entity;
(vi) constitutes “spam”, advertising or promotion of commercial services or products and or attempts to
fundraise or solicit money from any other Calalia user;
(vii) or contains, or contains links to, files that contain viruses, malware, corrupted files, or any other
similar software, programs or files.
Calalia reserves the right to investigate and take appropriate action against anyone who, in Calalia’s sole
discretion, violates Sections 17, 18 or 19. Any use or misuse of the Services in a manner that is disruptive,
damaging, unlawful, offensive or intrusive as determined by Calalia, in its sole discretion, shall be a breach
of the terms of this Agreement, which shall result in Calalia terminating this Agreement (and Your Account) in
accordance with Section 29 below.
disclose any information, including Your identity, as necessary to satisfy any legal, regulatory or other
VIOLATIONS AND COMPLAINTS
- Despite Our safety and privacy controls, We cannot guarantee that You will not encounter inappropriate or
illegal conduct from other users of Calalia. Consequently, if You encounter such content and/or conduct, You can
help Calalia by notifying us of any inappropriate or illegal conduct or content (such as, nudity,
or harassing statements, unwelcome contact or fraud) by visiting http://calalia.com/contact. The reporting of
complaints will be confidential and once a complaint is received, We will first acknowledge the receipt of Your
complaint and then take steps to address the complaint that may include, but is not limited to, removing the
offending content or to warn or, as appropriate, to prevent from the Services those transmitting such content or
engaging in such conduct. We will also promptly provide You with an explanation of the steps taken to address
INTELLECTUAL PROPERTY RIGHTS
- All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on
the App, and the selection, coordination, and arrangement of such content, are owned by Calalia, or its
applicable third party licensors, to the full extent provided under applicable copyright laws.
- All rights in the product names, company names, trade names, logos and designs of Calalia or third party
products or services that form part of the Services or the App, whether or not appearing in large print or with
the trademark symbol, belong exclusively to Calalia or their respective owners, and are protected from
reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and
copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted
herein, is expressly prohibited and nothing stated or implied on this Agreement confers on You any license or
right under any patent, copyright or trademark of the Calalia or any third party.
THIRD PARTY CONTENT AND LINKS
- The Services may be supported by advertising revenue and may display advertisements and promotions provided by
third party partners or providers. The manner, mode and extent of advertising on the Services are subject to
change without specific notice to You. In consideration for Calalia granting You access to and use of the
Services, You agree that Calalia may place or allow the placement of such advertising on the Services.
Using the Services may result in the display of results, advertisements or other content that contain(s)
hyper-links to or suggestions or results for websites, locations, products, services or activities. Such
websites, advertisements, products, services or activities are not created or controlled by Calalia
(collectively, “Third Party Services”), are wholly independent from Calalia and as such are intended for
convenience only. Calalia shall not be responsible for the contents of, updates to, or privacy practices of
these third parties, which may differ from those of Calalia. You acknowledge and agree that Third Party Services
are not under the control of Calalia, are in no way endorsed by Calalia and Calalia is not responsible for the
content, use, accuracy, completeness, usefulness, timeliness, copyright compliance, availability, legality or
any other aspect of such Third Party Services. The personal dat, which You may choose to give to the providers
languages or in all countries. Calalia makes no representation that such Third Party Services are appropriate or
available for use in any particular location. To the extent You choose to access such Third Party Services, You
do so at Your own initiative and are responsible for compliance with any applicable laws, including, but not
limited, to applicable local laws. Calalia, and its licensors, reserve the right to change, suspend, remove, or
disable access to any Third Party Services at any time without notice. In no event will Calalia be liable for
the removal of or disabling of access to any such Third Party Services. Calalia may also impose limits on the
use of or access to certain Third Party Services, in any case and without notice or liability.
FEEDBACK / SUGGESTIONS
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about
the App or the Services (collectively, “Submissions”) provided by You to Us are solely Your Submissions and not
that of a third party, are non-confidential to You and shall become the sole property of Calalia. Calalia shall
own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use
and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or
compensation to You. You hereby waive to and in favor of Calalia Your moral rights in and to Submissions made by
TERM AND TERMINATION
- Term. The term of this Agreement (“Term”) will commence, and You may begin using the App and the Services, once
You agree to this Agreement. The Agreement will remain in effect until terminated by You or Us in accordance
with Section 29 below.
Termination. You may terminate this Agreement with immediate effect at any time. Without limiting other
remedies, Calalia may limit, suspend, or terminate this Agreement and Your use of the Services, the App,
prohibit access to the Services and delete Your User Account, with immediate effect, automatically if We think
that You are in breach of this Agreement, creating problems, legal liabilities (actual or potential), infringing
someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other
similar reasons. Calalia shall effect such termination by providing notice to You to the email address You have
provided to, and/or by preventing Your access to Your User Account. We reserve the right to cancel User Accounts
that have been inactive for more than one (1) year.
Consequences of Termination. Upon termination of this Agreement:
(a) All licenses and rights to use the App and the Services shall immediately terminate;
(b) You will immediately cease any and all use of the App and the Services; and
(c) You will immediately remove the App from Your Devices and all copies of the App in Your possession or under
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CALALIA HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS,
INCLUDING REASONABLE LEGAL FEES INCURRED BY CALALIA, IN CONNECTION WITH OR ARISING OUT OF YOUR:
(i) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT
(ii) VIOLATION OF ANY RIGHTS OF ANY THIRD-PARTY;
(iii) USE OR MISUSE OF THE APP AND/OR THE SERVICES; OR
(iv) YOUR CONTENT.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND THE APP ARE PROVIDED “AS IS” WITH NO
WARRANTIES OR CONDITIONS WHATSOEVER; CALALIA DOES NOT, MAKE ANY WARRANTIES, CLAIMS, CONDITIONS OR
REPRESENTATIONS WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO THE APP, WHETHER EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. CALALIA FURTHER DOES NOT REPRESENT OR WARRANT THAT
THE SERVICES OR THE APP, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE
AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES CALALIA WARRANT ANY CONNECTION TO OR TRANSMISSION
FROM THE INTERNET, OR ANY QUALITY OF COMMUNICATIONS MADE THROUGH THE SERVICES.
Data and Access Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY RESPONSIBILITY FOR THE
DELETION, THE FAILURE TO STORE, THE MISDELIVERY, OR THE UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL
INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM
DOWNLOADING OR ACCESSING ANY CONTENT THROUGH THE SERVICES OR THE APP. BY USING THE SERVICES OR THE APP, YOU
ACKNOWLEDGE AND AGREE THAT TECHNICAL PROCESSING AND TRANSMISSION OF INFORMATION USING THE SERVICES MAY INVOLVE
TRANSMISSIONS OVER VARIOUS NETWORKS AND CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING
NETWORKS OR DEVICES. CALALIA IS, AND SHALL, NOT BE RESPONSIBLE OR LIABLE FOR ANY:
(a) INCORRECT OR INACCURATE TRANSCRIPTION OF INFORMATION;
(b) HUMAN ERROR OR PRINTING ERROR;
(c) INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE NETWORK OR ELECTRONIC
(d) PROBLEMS RELATING TO YOUR DEVICE OR ANY OTHER COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS THE APP OR
THE SERVICES; OR
(e) OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION.
(a) YOU ACKNOWLEDGE AND AGREE THAT:
(i) THE SERVICES CANNOT TRANSMIT COMMUNICATIONS OR OTHER ELECTRONIC REQUESTS TO DEVICES THAT ARE UNREACHABLE
(I.E. OUT OF CELLULAR COVERAGE, POWERED OFF, ETC.); AND
(ii) THAT THE SERVICES IS NOT A SERVICE TO BE RELIED UPON AS THE SOLE MEANS OF RECEIVING CRITICAL
(b) IN NO EVENT SHALL CALALIA’S CHANNEL PARTNERS (INCLUDING, WITHOUT LIMITATION, DISTRIBUTORS OR SALES AGENTS)
OR ANY AIRTIME SERVICE PROVIDER (COLLECTIVELY, “APP PROVIDERS”) BE LIABLE FOR THE SALE, DISTRIBUTOR OR YOUR USE
OF THE APP OR THE PERFORMANCE OR NON-PERFORMANCE OF THE APP. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE APP
PROVIDERS SHALL BE THIRD PARTY BENEFICIARIES TO THIS SECTION 35(b).
No Liability: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALALIA, ITS SUPPLIERS,
AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR APP PROVIDERS WILL HAVE NO LIABILITY IN CONNECTION WITH OR
ARISING FROM YOUR USE OF THE SERVICES OR THE APP, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO
ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES OR THE APP IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF THE
APP AND THE SERVICES.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CALALIA, ITS SUPPLIERS,
AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR APP PROVIDERS BE LIABLE, WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF
OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO
USE THE SERVICES OR THE APP;
(b) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO
USE THE SERVICES OR THE APP; OR
(c) ANY LOSS OR DAMAGE, WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
(i) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING the Services;
(ii) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY the Services FOR ANY REASON; OR
(iii) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE APP TO YOU.
THE LIMITATIONS ON CALALIA’S LIABILITY TO YOU IN PARAGRAPH 34 ABOVE SHALL APPLY WHETHER OR NOT SUCH PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
NOTWITHSTANDING ANYTHING CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL CALALIA’S MAXIMUM AGGREGATE LIABILITY TO
YOU SHALL NOT EXCEED THE AMOUNT OF ONE US DOLLARS (US$1.00). THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER
OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM.
Jurisdiction’s Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set
forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be
limited to the maximum extent possible within the applicable legislation.
App Merchants: You acknowledge and agree that the availability of the App is dependent on the third party from
which You downloaded or received the App (the “App Merchant”). You acknowledge that this Agreement is between
You and Calalia and not with the App Merchant. Calalia, not the App Merchant, is solely responsible for the App
and the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any
claims relating thereto. You agree to pay all fees charged by the App Merchant in connection with Your download
of the App (if any). You agree to comply with, and Your license to use the App and the Services is conditioned
upon Your compliance with, all applicable third party terms of agreement when using the App. You acknowledge
that to the maximum extent permissible by law, the App Merchant (and its subsidiaries) are third party
beneficiaries of this Agreement and will have the right to enforce this Agreement.
Data Charges: You acknowledge and agree that the App and use of the Services uses network services and may incur
additional network data charges (including additional charges when roaming).
App Merchant’s Devices: If You download the App from the App Merchant app store (the “App Store”) or use the App
to run on the App Merchant’s operating system (“OS”), or other related device using such OS, the following terms
will also apply and You acknowledge and agree to the following terms:
(a) Acknowledgement: Calalia and You acknowledge that this Agreement is concluded between Calalia and You only,
and not with App Merchant, and Calalia, not App Merchant, is solely responsible for the the Services and the App
and the content thereof. To the extent the other terms and conditions of this Agreement are less restrictive
than, or otherwise conflict with, the terms and conditions of this Section 44, the more restrictive or
conflicting terms and conditions in this Section 44 apply, but solely with respect to the use of the Services
and the App when used on OS.
(b) Scope of License: The license granted to You for the App is limited to a non-transferable license to use the
App on any OS-operated device that You own or controls and as permitted by the usage rules set forth in the App
Store terms of service.
(c) Maintenance and Support: Calalia is solely responsible for providing any maintenance and support services
with respect to the Services and the App, as specified in this Agreement (if at all), or as required under
applicable law. Calalia and You acknowledge that App Merchant has no obligation whatsoever to furnish any
maintenance and support services with respect to the App.
(d) Warranty: Calalia is solely responsible for any product warranties with respect to the Services and the App,
whether express or implied by law, to the extent not otherwise disclaimed. In the event of any failure of the
App to conform to any applicable warranty, You may notify App Merchant, and App Merchant will refund the
purchase price for the App to You; and that, to the maximum extent permitted by applicable law, App Merchant
will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Calalia’s
(e) Product Claims: Calalia and You acknowledge that Calalia, not App Merchant, is responsible for addressing
any claims of You or any third party relating to the Services and the App or Your possession and/or use of the
App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Calalia’s
liability to You beyond what is permitted by applicable law.
(f) Intellectual Property Rights: Calalia and You acknowledge that, in the event of any third party claim that
the the Services or the App or Your possession and use of that App infringes that third party’s intellectual
property rights, Calalia and/or You, not App Merchant, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property infringement claim.
(g) Third Party Beneficiary: Calalia and You acknowledge and agree that App Merchant, and App Merchant’s
subsidiaries, are third party beneficiaries of the EULA, and that, upon Your acceptance of the terms and
conditions of this Agreement, App Merchant 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.
and Calalia with respect to the subject matter hereof and will supersede and replace all prior understandings
and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict
the liability of either You or Calalia arising out of fraud or fraudulent misrepresentation.
- Survival: Any terms and conditions of this Agreement which by their nature extend beyond the termination or
expiry of this Agreement shall survive the termination or expiry of this Agreement including, without
limitation, Sections 8 – 12, 23 – 27, 30 – 44, 46 – 49 shall survive any termination of this Agreement.
- Governing Law: This Agreement is governed, construed and interpreted by the law of the State of Washington and
the federal laws of USA applicable in that State without regards to conflict of laws principles. You irrevocably
and unconditionally submit to the exclusive jurisdiction of the courts of the State of Washington, USA in
respect of any disputes relating to or arising out of this Agreement.
- Language. The Parties have expressly required that this Agreement, any communication and all other contracts,
documents and notices relating to this Agreement be drafted in the English language.
- Severability: If any of the provisions (or parts thereof) contained in this Agreement are determined to be void,
invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the
remaining provisions (or parts thereof) of this Agreement.
- Headings: The use headings are for convenience only and are not part of this Agreement.
- Relationship: Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or
partnership between the parties; no party is by virtue of this Agreement authorized as an agent, employee or
agent representative of the other party.
- Waiver: Any waiver of any right or remedy under this Agreement must be in writing and signed by each party. No
delay in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or
remedy. A waiver on one occasion shall not be construed as a waiver of any right or remedy on any future
Assignment: You may not assign any rights or obligations under the Agreement and any purported assignment shall
be ineffective. Calalia may assign or delegate all rights and obligations under this Agreement without notice to
You. Should You have any questions concerning this Agreement, please contact Calalia.