Terms of Service
UPDATED Jun 23, 2022
Through its website, RealCall is glad to provide you with access to all of its mobile applications (each a "App" and taken as a whole, the "App") and other services. Anyone who accesses or uses our Services, regardless of registration or subscription status, is subject to these Terms of Service ("Terms" or "Agreement"). Before using or accessing any of our services, please take the time to thoroughly read these terms.
You accept these Terms of Service by using any of our services or by subscribing to them. Use of any of our Services constitutes acceptance of this Agreement and has the same legal effect as if you provided a handwritten acceptance signature. You acknowledge and agree that the terms of this Agreement may be changed from time to time. If the changes affect your rights or obligations, we will notify you in a reasonable manner. You agree that a text or in-app message informing you of such changes is a reasonable means. You agree to periodically check this page to ensure that you are aware of any changes to the Agreement. Your continued use of the Services after we amend this Agreement indicates your acceptance of such changes.
These applications may be made available through marketplaces that distribute mobile applications, and if you download or install any applications through such marketplaces, there may be additional terms, conditions and rules of use governing your use of the applications.
In addition to the rights set forth in this Agreement, you may also have rights that are not subject to waiver under the laws of the area in which you reside, and some of the provisions of this Agreement may not apply to you. The entirety of this Agreement shall remain in full force and effect even if any provision or condition is found to be unenforceable.
2. Account Eligibility and Access
When using the Services, you affirm and guarantee that:
Your age is at least 18.
You are not included among those barred from conducting business with the United States.
Using our services is not against the law for you.
At any moment, you must discontinue using the service if you are unable to comply with these conditions.
The applications utilize a variety of technologies to provide you with various blocking, filtering, and other features. Depending on your phone's operating system, you may be required to enable certain features in your phone's settings in order to use the Services. If you fail to enable these features, we may not be able to provide certain features or services to you.
3. Restrictions On Use
You agree to use the Services only for lawful purposes and in compliance with all applicable laws. If for any reason you are unable to comply with applicable laws, you should immediately stop using the Service. You may not use the Service for any purpose that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable, including but not limited to encouragement that constitutes a criminal criminal conduct, conduct leading to civil liability or for any purpose in violation of any applicable local, state, national or foreign law.
You acknowledge that you will not:
Duplicate or otherwise alter the Services, including their source code; transmit or distribute them; or produce any derivative works from them;
Modify or attempt to modify any aspect of our services, including but not limited to adapting, translating, selling, sublicensing, reverse engineering, decrypting, compiling, or otherwise breaking them down;
Find vulnerabilities in our services, any system, or any network by probing, scanning, or testing;
Upload harmful code, malware, or other anything that could damage our services' security;
Impersonate or misrepresent your affiliation with any person or entity, create a false identity or otherwise attempt to mislead others as to the source of communications using the Services
4. License To Use the Service
Subject to your compliance with the terms and conditions of this Agreement, RealCall grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download, install and/or use the Services for your lawful, personal, and non-commercial use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Services or use the Services for the benefit of any third party.
Interfere with or disrupt the Services offered by RealCall.
5. Access your notification
6. New Features and Modifications to the Service
At any moment, we retain the right to change the features or functioning of the Service. The program contacts our servers frequently after being installed on your mobile device. We might ask you to upgrade the application on your mobile device as we introduce new features or release new versions. This update might happen automatically or after giving you a heads-up, and it might also happen all at once or over the course of several sessions. You acknowledge that before using any later versions of the Service, we may ask you to review and approve the agreement in effect at the time. When updated, additional, or new versions of the Services are made available, you understand and accept that any obligations we may have to support earlier versions of the Services may end. You understand and accept that we are under no duty to give you any updates, additions, or newer versions of the Services.
7. User Content, Consent to Use Data
Through your usage of the Services, the social features integrated into the Services, our social media sites on third-party social media platforms, and your submission of evaluations of our Services through us or third-party platforms, RealCall gives you the option to contribute or post content. All User Content that is uploaded must adhere strictly to the terms of this Agreement. For any User Content you submit or transmit through the Services, you alone are responsible. "User Content" refers to any audio, video, text, comments, app store reviews, remarks with your public user name, and other content that you upload, publish, or transmit (collectively "submit") to the Services, any of our social media pages, or by writing a review through a third-party service. We cannot and do not pre-screen or keep track of every User Content. You hereby provide RealCall your unreserved consent to monitor your activity and User Content submission, even though RealCall is not required to do so. You accept that the uploading of any User Content does not give rise to any expectation of privacy on your part.
By providing the Services with your User Content, you hereby grant RealCall and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) license to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and create derivative works from your User Content. You agree to provide us with feedback about the Services, either through our website, social media pages, or by rating and reviewing the Services (including, but not limited to, your name and likeness, images, testimonies, and reviews) for any reason whatsoever, whether commercial or not, without paying you anything. You also give up any "moral rights" or "performance rights" you may have in your User Content. Contact the appropriate App support email listed in the Customer Support section of this Agreement if you prefer that we not use your evaluations for promotional reasons.
8. Account Ownership
RealCall considers the owner of the phone number associated with your mobile device on the account to be the sole owner of the account. You are solely responsible for all transactions made through the account. Any unauthorized use of your account must be reported immediately and confirmed in writing. You are solely responsible for any password you use to access the Service. You agree to keep your subscription information accurate, complete, and up to date if you provide any information. You acknowledge that in order to fulfill some of your requests, we may need to contact you to confirm your ownership of an account. We may do this by sending a verification code to the account's phone number or by seeking appropriate proof of your ownership of the account and the number.
9. Subscription Services and Payments
Downloading apps from the Apple App Store or Google Play is an option, as is choosing a monthly or annual subscription. As an alternative, you can sign up for our service on any of our websites and download the app from the Google Play or Apple App Store.
Payment may be processed by a third party operating on our behalf or directly by the owner of the mobile platform when you buy a subscription, whether directly via us or through a third-party platform (such as Apple or Google). Each app, the relevant app store, and our website each provide a list of service charges. RealCall retains the right to change its prices at any time and/or to run special deals. No payments are refundable in any way. If subscription payments are not discontinued in line with this Agreement, they will automatically renew. If you have a payment issue after purchasing an app from Apple or Google, you must get in touch with the App Store or Google Play (as appropriate) for help. Please reach us at the appropriate email address shown in the "Customer Support" section of this Agreement if you acquired a membership to our services through one of our websites.
You may be able to access all of the Service's features for a brief time during a free trial period that we occasionally offer. Unless you cancel before the trial period expires in accordance with the "Cancellation" portion of this Agreement, you understand and accept that your free trial subscription will automatically renew as a paid subscription.
Paid subscriptions to our services renew automatically. After completing registration and submitting payment information, if you do not cancel at least 24-hours prior to expiration, you will be charged the stated subscription amount for the trial period at the end of the free trial period (if applicable). You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the fees charged to your account in connection therewith. You will pay the then applicable subscription price plus any applicable taxes. Payments for renewed subscriptions are processed using the same billing cycle as your current subscription. To the maximum extent permitted by applicable law, subscription fees are subject to change at any time. Your subscription and monthly billing to your account will continue indefinitely until cancelled by you in accordance with the "Cancellation" section of this Agreement.
By following the instructions in the Apple Software Store or Google Play Store, you can cancel your subscription and recurring payments at any time if you purchased the app from the company that owns the mobile platform (such as Apple or Google). If you have a paid subscription, you won't be eligible for a return of any remaining funds if you decide to cancel. Once charges have been made during the billing period, subscriptions cannot be refunded.
Note for Conditional Call Forwarding enabled users: If you unsubscribe, you must deactivate your account by following the app's Settings > Delete Account. If you fail to disable call forwarding, you will not receive voicemail and may experience other issues with your cell phone service.
11. Limitation of Liability
RealCall, its affiliates and subsidiaries shall not be liable for any direct or consequential damages of any kind whatsoever arising out of or in any way related to the services provided under this Agreement, including but not limited to alleged errors, omissions, and Damages caused, interruptions, delays, defects and/or errors caused by blocking, transmitting, receiving, originating, terminating and/or delivering telephone calls or any information provided through the Service regarding any caller's accuracy or inaccuracy. In no event shall RealCall and its affiliates and subsidiaries be liable for any special, indirect, incidental, exemplary or punitive damages or lost profits or revenue, even if RealCall has been specifically advised of the possibility of such damages. In no event shall RealCall and its affiliates and subsidiaries be liable for any damages whatsoever arising out of or in connection with your use or inability to access or difficulty in accessing its services through toll or local access numbers that may arise from your use of local access numbers any tolls. In no event shall RealCall and its affiliates and subsidiaries be liable for damages arising out of or in any way related to products, services and/or information provided by or otherwise provided by third party vendors and accessed through the App or Service. RealCall also specifically disclaims all liability for any costs or damages arising out of private or government legal action related to your use of any service in any country.
12. Account Suspension or Termination By RealCall
RealCall reserves the right to (a) terminate this Agreement and your access to the Services upon one (1) day's electronic notice, (b) refuse to allow you to recharge your account, or (c) suspend your account immediately until further investigation has been completed if it has reasonable grounds to believe that you are engaging in fraud or otherwise violating the Agreement.
13. Third-Party Service Providers and Partners
14. No Warranties
RealCall makes no warranty of any kind, express or implied, as to the merchantability, technical compatibility or fitness for a particular purpose of any services, products or materials provided under this Agreement. RealCall also expressly disclaims warranties of any kind, express or implied, regarding the accuracy of its blocking activities, any information the service provides about any caller, any lost call data, or the legality of the use of any service in any particular state or the United States any country other than that.
15. Intellectual Property
The Services are the property of RealCall or RealCall's licensors and are protected by U.S. and international copyright, trademark, patent, and other proprietary and intellectual property laws. The Services include all designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic materials, code, and agreements that RealCall makes available to you. "Intellectual Property Rights" refers to legal protections provided by patent, trademark, copyright, and trade secret laws as well as any other intellectual property or proprietary rights, such as but not limited to moral rights or other similar protections, that are acknowledged in any nation or jurisdiction worldwide.
RealCall or its affiliates are the only owners of the name, logos, and associated services, including but not limited to the trade names of its applications. Any additional trademarks, if any, that may be visible on any RealCall mobile application or website are the property of their respective owners, and any use of such trademarks should be in their owners' interests. Our trade names, trademarks, and service marks, whether registered or unregistered, may not be used in any way that could lead to confusion with any other product or service that is not owned by us. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
RealCall respects the rights of copyright holders and demands that its users do the same. RealCall will take the proper action to delete any content that violates another person's copyright after being informed. RealCall retains the right to deny access to the Services to anybody who uses the Services and violates other people's intellectual property rights repeatedly. Please get in touch with RealCall's copyright agent if you feel that any of the Services or components of the Services violate your copyright:
Please make sure your communication includes the following:
a signature, whether digital or written, from the representative of the party holding the copyright interest
a description of the allegedly infringed copyrighted work
your telephone number, and email address
a declaration from you that you firmly believe the copyright owner, their agent, or the law do not have the authority to approve the disputed use
a declaration from you confirming the accuracy of the data in your notification and that you are the copyright holder or have the necessary authority to act on their behalf
17. Force Majeure
If a force majeure event—such as an act of God, a fire, a strike, an explosion, a power outage, an earthquake, a flood, a water shortage, a labor dispute, terrorism, the failure of any satellite or other connecting telecommunications facilities, or any other circumstance beyond RealCall's reasonable control—causes RealCall to fail to fulfill any of its obligations under this Agreement, RealCall shall not be liable.
You acknowledge that by using the Services in violation of this Agreement, you are consenting to hold RealCall, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any other third parties who provide information about the Services harmless from any claims, suits, actions, costs, damages, and liability for damages, including attorneys' fees.
19. Disputes, Arbitration
To resolve the initial dispute, before filing a lawsuit or starting an arbitration hearing, you promise to make your best efforts to resolve any dispute, claim, question, or disagreement with RealCall's customer support directly through consultation. To do this, contact the relevant customer support email listed in these Terms.
The sole means of resolving any dispute or claim arising out of or in connection with this Agreement (including any alleged breach of this Agreement), the Services or the Application shall be binding arbitration administered by the American Arbitration Association. An exception to the exclusivity of arbitration is that you have the right to bring an individual claim against RealCall in small claims court of competent jurisdiction. However, under no circumstances may you bring or maintain any class action, class arbitration or other representative action or proceeding against RealCall or its affiliates, regardless of whether you choose arbitration or small claims court. BY USING THE SERVICES OR APPLICATIONS IN ANY WAY, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. In doing so, you waive your right to go to court to assert or defend any claim between you and RealCall or its affiliates (except for matters that may be brought in small claims court). You also waive your right to participate in a class action or other class action. Your rights will be decided by a neutral arbitrator, not a judge or jury. You have the right to a fair hearing before an arbitrator. An arbitrator can grant any relief a court can, but you should note that arbitration proceedings are generally simpler and more streamlined than trials and other judicial proceedings. An arbitrator's decision can be enforced in court and can only be overturned by a court for very limited reasons. Any proceeding to enforce this Arbitration Agreement, including any procedure for affirming, modifying or setting aside an arbitral award, may be commenced in any court of competent jurisdiction. If this Arbitration Agreement is found to be unenforceable for any reason, any action against RealCall (other than a small claims court action) may only be brought in federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of these courts for this purpose, and you irrevocably waive any right to a trial by jury. This Agreement and any dispute between you and RealCall shall be governed by the laws of the State of New York, without regard to principles of conflict of laws, provided that this Arbitration Agreement is governed by the laws of federal arbitration.
Online Dispute Resolution. Here you can discover details regarding online dispute resolution if you live in the European Union: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
20. Consent to Communications
By entering into this Agreement, you agree to receive emails ("emails"), text messages, in-app notifications and customer service phone communications (including on-screen notifications) from us regarding (a) the operation of the Services and your account and (b) Other services and products we think may be of interest to you. In some jurisdictions, we may obtain your express consent for certain communications. You may opt out of receiving future emails, notifications and text messages regarding such products or services by contacting us via the support email listed in the Customer Support section of this Agreement. However, you may not opt out of receiving communications with important information related to your account or this Agreement.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the other provisions of this Agreement shall remain in full force and effect.
22. Export Controls
Laws, prohibitions, and regulations of the United States and the globe may apply to the import, export, download, and use of the Services as well as the information and technology they are based on. By downloading or using the application, you consent to be bound by these laws, constraints, and regulations.
The Service offered hereunder is subject to this Agreement, and this Agreement, along with any modifications made in accordance with its provisions, forms the complete understanding between you and RealCall. All former or current written, electronic, or oral understandings or agreements between you and RealCall are superseded and replaced by this one.
24. Governing Law
The laws of the State of New York in the United States, without regard to its principles governing conflicts of laws, shall govern this Agreement and any modifications and changes thereto.
25. Use and Storage Practices.
We strongly recommend that you make adequate backup copies of any call recordings and voicemails you wish to keep or transcripts of such recordings.
26. Customer Support
For Support, you may contact us at one of the Customer Support emails below:
RealCall reserves the right to impose policies and restrictions on how the Services may be used, including, but not limited to, the maximum period of time for which recordings or call data will be kept by the Services and the maximum amount of storage space that will be assigned to your account on our servers. RealCall maintains the right, at any moment, and at its sole discretion, to modify these procedures. RealCall will make an effort to let you know in advance if there are any significant changes. You acknowledge and agree that RealCall has no responsibility or liability for the removal or failure to store any information or data, conversation, recording, text, or other RealCall service-related files maintained or uploaded. You also accept that RealCall maintains the right to close accounts that have lain dormant for a protracted amount of time.