Terms of Use and End User License Agreement

Last updated: July 2024

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and BP Mobile LLC (“we,” “us” or “our”), concerning your access to and use of “2Number - Second Phone Number” software application for mobile devices (the “App”).

The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.

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 reach the age of majority or legal age in your applicable jurisdiction (i.e. in most jurisdictions you must be at least 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 thirteen (13) and seventeen (17) years old 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. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the App by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.

Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.

You affirm that you have either reached the age of majority or legal age in the applicable jurisdiction, or you are 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 play.google.com).

The App is intended only for your personal non-commercial use. You shall use the App only for the purposes, mentioned above.

AUTHORIZATION

The App is using third parties’ services to ensure complete functional performance and uninterrupted operation of the App. By using the App you authorize us to manage your user account (i.e. the phone number that is provided to you within the App, and related information) solely for the purpose of technical assistance and support, including but not limited to the procedure of transfer, when the phone number is ported to a different service provider. You authorize us to manage and transfer all customer proprietary network information (“CPNI”) associated with your account as may be required by a service provider and/or regulatory authority for the purpose of providing telecommunications or information services.

V. PRIVACY POLICY

Your privacy is important for us. Accordingly, we have developed a Privacy Policy in order for you to understand how we process, use and store information, including your personal data. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy.

We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully CLICK HERE.

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 property rights (intellectual property 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 right to access and use the App pursuant to this Agreement (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.

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 the 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 actions 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’ MATERIALS AND TECHNOLOGIES INTEGRATED INTO THE APP

You may obtain a copy of SDK license at: https://github.com/team-telnyx/telnyx-webrtc-android/blob/main/LICENSE

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.

STRICT REQUIREMENTS APPLY WITH RESPECT TO THE CONTENT OF ALL MESSAGES THAT YOU SEND USING PHONE NUMBERS YOU GOT VIA THE APP. TO AVOID POSSIBLE BLOCKING OF YOUR ACCOUNT (INCLUDING YOUR PHONE NUMBERS), YOU MUST BE IN FULL COMPLIANCE WITH MESSAGING POLICY, WHICH CONSTITUTES AN INTEGRAL AND INALIENABLE PART OF THE PRESENT AGREEMENT. PLEASE REVIEW OUR MESSAGING POLICY CAREFULLY. YOUR FAILURE TO COMPLY WITH OUR MESSAGING POLICY WILL RESULT IN BLOCKING OF YOUR PHONE NUMBER AND ACCOUNT, WHICH MEANS THAT YOU WILL NOT BE ABLE TO MAKE CALLS AND SEND MESSAGES USING THE PHONE NUMBERS THAT WERE BLOCKED.

Subscriptions fees and In-App Purchase are not refundable when your account is blocked.

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.

You shall not make any attempts to use the App or part thereof for malicious intentions.

We are not responsible for the way you use the App.

Multiple IDs

PLEASE NOTE THAT YOU ARE NOT ALLOWED TO CREATE MORE THAN 3 (THREE) ACCOUNTS ON 1 (ONE) DEVICE. IF A FOURTH ACCOUNT IS CREATED, ALL PREVIOUSLY CREATED ACCOUNTS (INCLUDING THE LAST ONE CREATED) WILL BE BLOCKED. IN THIS CASE, THE USER IS PROHIBITED FROM CREATING NEW ACCOUNTS ON THE DEVICE FOR 180 DAYS.

Specific requirements and legal considerations concerning call recording feature

YOU ARE NOT ALLOWED TO USE THE APP FOR COVERT RECORDING, ANY KIND OF SURVEILLANCE, SPYING OR SECRET COLLECTING OF DATA. YOU SHALL NOT USE THE RECORDING FUNCTION WITHOUT NOTIFYING YOUR DIALOG PARTNER BEFORE YOU START TO RECORD THE CONVERSATION.

Note that when you use the App to record incoming and/or outgoing calls, you must take into account and comply with all laws, rules and regulations applicable to call recording. Call recording laws, rules and regulations vary from jurisdiction to jurisdiction, and even from one region or state within the same country to another, moreover, the scope of your legal obligations applicable to each case of call recording depends on many factors such as the location where the call originates from, the location of the other party of the call, etc. Therefore, when you make a recording of any communication you are solely responsible for both the determining the scope of applicable laws, rules and regulations with respect to each recording and for compliance with them.

To ensure better compliance by all our users we insist that you apply the strictest applicable legal standards with respect to each call recording you make using our App. Inter alia, you must obtain explicit consent of all call participants to the call being recorded and ensure that everyone active in a conversation is notified that the recording is taking place.

You are also solely responsible for compliance with all applicable laws, rules and regulations while using any call recording. For example, it is prohibited to share call recordings with third parties or publicize them without obtaining corresponding explicit consent from all call participants.

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.

VIII. AVAILABILITY OF THE APP, ITS SECURITY AND ACCURACY

In order to use the App, you are required to have a compatible mobile phone, and internet access.

The App is available for downloading and installing on handheld compatible mobile devices running Android 9.0 or later.

We do not warrant that the App will be compatible with all hardware and software that you may use. We make no warranty that your access to the App will be uninterrupted, timely or error-free.

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 account settings. If you decide not to use the App for any reason you should uninstall the App.

IX. CHARGES

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 In-App Purchases, including subscriptions. You may 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. When you cancel your subscription you will still have access to basic functions of the App. 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 and 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.

Subscriptions are automatically renewed for a new billing period (weekly, monthly, annually), and you may be charged no more than 24 hours before the beginning of each billing period. You may cancel subscription at any time before the end of the applicable billing period as described here, and the cancellation will apply to the next period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.

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. 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 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 FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT ANY 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 ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF VIOLATION ARISING FROM YOUR USE OF THE APP, INCLUDING ANY BREACH OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY.

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 THE APP IN ANY COUNTRY.

YOU ALSO EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE, ANYONE ACTING ON OUR BEHALF, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS, LOSS, PENALTIES, EXPENSES, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER TYPES OF DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH LAWS, RULES AND REGULATIONS APPLICABLE TO CALL RECORDING OR ARISING OUT OF YOUR FAILURE TO COMPLY WITH THE TERMS OF THE PRESENT AGREEMENT. FOR THE AVOIDANCE OF DOUBT YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ALL CLAIMS OF THIRD PARTIES REGARDING POSSIBLE VIOLATIONS OF APPLICABLE CALL RECORDING LAWS, INFRINGEMENT OF THIRD PARTY RIGHTS (INCLUDING THE RIGHT TO PRIVACY) AND/OR UNLAWFUL OR UNAUTHORIZED DISCLOSURE OF CALL RECORDINGS RESULTING FROM YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS, RULES AND REGULATIONS.

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. GOVERNING LAW AND CLAIMS

Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.

All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.

We make no representations that the App is appropriate or available for use outside of the USA. 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.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

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.

XV. TERMINATION

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 the use of the App.

XVI. SEVERABILITY

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 or 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.

XVII. 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 via our contact form.