Last modified: May 2022
All the documents that relate to the App are hereby expressly incorporated herein by reference.
Please read this Agreement carefully before you download, install or use the App.
It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement.
If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE APP
In order to download, install, access or use the App, you must be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to download, install, access or use the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise any use of the App by minors.
Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.
You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IV. GENERAL TERMS
The App is a utility program designed to enhance your device experience. The App allows you to get an additional phone number to use it in situations when exposing your real number is not desirable. The App can also be used to make international calls, to record your calls, to send SMS/MMS messages; it allows you to manage contacts and view message history (see the full performance list on the App’s page on itunes.apple.com).
The App is intended only for your personal non-commercial use. You shall use the App only for the purposes mentioned above.
Please note that the App allows you to record both incoming and outgoing calls. In order to be in compliance with privacy rules you must notify your dialog partner before the conversation starts that you are going to record the call. Otherwise you cannot use the recording function.
VI. END USER LICENSE AGREEMENT
By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.
As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license to access and use the App pursuant to this Agreement on any Apple-branded products that you own or control except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing (the “License”).
The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
In the event of any third party claim that your possession and use of the App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of BP Mobile LLC and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
THIRD PARTIES’ TECHNOLOGIES INTEGRATED INTO THE APP
eSIM data plans available within the App rely on the technology from Flexiroam. See www.flexiroam.com for details. As regards the eSIM data plans available within the App, BP Mobile LLC acts as an authorized reseller of Flexiroam.
VII. PROHIBITED BEHAVIOUR
You agree not to use the App in any way that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- infringes any copyright, database right or trademark of any other person;
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- commits fraud or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties;
- violates this Agreement or creates liability for us.
You shall not use the App in any manner associated with the transmission, distribution, or delivery of any unsolicited bulk or unsolicited commercial SMS, MMS, EMS including but not limited to junk mail, smishing, fraudulent messages and etc.(“spam”)". You may not use the App to send spam.
We will define spam as messages of a certain length of duplicate content sent over the past seven days. If our anti-spam system fixes several repeated messages, we will send you a warning in the form of SMS. If you continue to send such messages, we will block your outgoing calls, SMS, MMS, EMS and send you notification SMS. You should contact us via support form with the request of unlocking the account when you are sure that the account is blocked by mistake.
You shall not make the App available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.
You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.
Misuse of any trademarks or any other content displayed on the App is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.
Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.
Also we are not responsible for the way you use the App.
YOU ARE NOT ALLOWED TO USE THE APP FOR COVERT RECORDING, ANY KIND OF SURVEILLANCE, SPYING OR SECRET COLLECTION OF DATA. YOU SHALL NOT USE THE RECORDING FUNCTION WITHOUT NOTIFYING YOUR DIALOG PARTNER BEFORE YOU START TO RECORD THE CONVERSATION.
It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
All disputes arising from the usage of the App, shall be governed by and construed in accordance with the laws of the United States of America, and shall be submitted to the sole jurisdiction of the competent courts of New York, New York, the United States of America.
VIII. AVAILABILITY OF THE APP, SECURITY AND ACCURACY
In order to use the App, you are required to have a compatible mobile phone or tablet, and internet access. However, please note that we may offer you widgets that save translations and allow you to access them later in offline mode.
The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 13.0 or later.
We do not warrant that the App will be compatible with all hardware and software which you may use.
We make no warranty that your access to the App will be uninterrupted, timely or error-free. Neither does Apple have an obligation whatsoever to furnish any maintenance and support services with respect to the App.
You acknowledge that the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
The version of the App may be upgraded from time to time to add support for new functions and services.
We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.
You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times.
You can discontinue using our Services at any time by choosing the relevant option in your iTunes Account Settings. If you decide not to use the App for any reason you should uninstall the App.
The App is provided on a free basis. Once you download the App, you’ll have access to its basic features.
Access to some services and/or additional features within the App (“Premium options”) requires paid subscriptions. You will have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period. Premium options are available during the whole free trial period.
When using the App, you can choose different subscription options. Subscription prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.
Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your iTunes Account Settings at least 24 hours before the end of the current period. Payment will be charged to iTunes Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.
Certain services within the App may be available as an In-App Purchase.
Subscription to eSIM data plans, auto-renew feature. You can also use mobile data by purchasing eSIM data plans available within the App. Note that all data plans you purchase via the App are auto-renewable. This means that after the term of the applicable data plan you purchased expires, such data plan will be automatically renewed, and you will be charged automatically on an ongoing basis unless you turn off data plan auto renewal feature in the App settings. Therefore, if you want to prevent automatically charged renewal subscription fees for the subsequent period, turn off the auto renewal option for the applicable data plan at least 24 hours prior to the end of the current period.
If you have additional questions regarding the purchase of eSIM data plan(s) available within the App or if you believe that while purchasing eSIM data plan(s) the funds were withdrawn from your account by mistake, please contact us using our support form.
You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your home territory. Standard text messaging rates or other carrier charges may apply if you send SMS messages or make cellular voice calls. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.
X. THIRD PARTY WEBSITES AND RESOURCES
The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge that you must comply with applicable third party terms of agreement when using the App. You are solely responsible for and bear all risks arising from your use of any third-party websites or resources.
If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES AS REGARDS QUALITY OF PHONE CALLS OR ANY OTHER SERVICES PROVIDED BY THE APP.
We do not give you any guarantee for the proper functionality of the App, however, if you believe that our App has not met your expectations, you may notify Apple, and Apple may refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple 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.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.
Apple is not responsible for addressing your claims relating to 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, privacy, or similar legislation.
XIII. LEGAL COMPLIANCE
You must represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
XIV. THIRD PARTY BENEFICIARY
You acknowledge and agree that Apple, and Apple’s subsidiaries are the third party beneficiaries of the present Agreement, and that upon your acceptance of the terms and conditions of the present Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary thereof.
XV. GOVERNING LAW AND CLAIMS
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA.
We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you choose to access or use the App from or in locations outside of the United States, you are responsible for:
a) ensuring that what you are doing in that country is legal; and
b) the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licenses, registrations, permits and authorizations.
Any claims shall be exclusively decided by courts of competent jurisdiction in New York, New York, USA, and that applicable Federal law shall govern, without regard to choice of law principles.
If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon any termination (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
XVIII. CONTACT INFORMATION
We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us using our support form.