RoboKiller Terms of Service

This document (the "Agreement") sets forth the terms and conditions that govern your use of the services offered by or through RoboKiller. Your use of any of our services will constitute acceptance of this Agreement and will have the same legal effect as if you were providing a handwritten signature of acceptance.

1. Services Provided

RoboKiller offers you, among other things, the ability to automatically block nuisance calls (robocalls, telemarketers, etc.), to blacklist and whitelist specific numbers, and to receive detailed information about callers before you answer. This information may include a picture, map image, name, address, email, and other data. RoboKiller tries to provide the most accurate, current, and rich data available, and to only block calls that are legitimate nuisance calls, but makes no guarantees regarding the results it provides.

2. Acceptable Conduct

You agree to use the RoboKiller services only for purposes that are lawful. You shall not use this service to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or foreign law.

3.  Operation of the Service

RoboKiller's service leverages two technologies to help you block nuisance calls and to see who is calling you before you answer.  In order to use the service, you must enable the Call Blocking & Identification Setting for RoboKiller in your iPhone’s Phone Settings. If you fail to do this, RoboKiller will not be able to identify and block nuisance calls from numbers on its global blacklist.  

 

In order to use RoboKiller’s Super Caller ID feature, the service will walk you through a process to adjust your phone’s conditional call forwarding feature, which operates by forwarding all unanswered calls to a different number. To use the RoboKiller services, you must configure your phone's conditional call forwarding service to redirect unanswered calls to our number. RoboKiller will then query its own and third parties’ databases to identify the caller (if that is possible) and provide you with additional information about the caller. RoboKiller then places a call to your phone.  You are solely responsible for any charges imposed by your mobile service provider for (i) using the conditional call forwarding feature, (ii) local or long distance usage, and (iii) text message and data usage.

 

RoboKiller provides a SpamBox feature that provides you the ability to see the numbers that made blocked nuisance calls to you and stores any voice mails left by those callers. RoboKiller encourages you to check these numbers and messages regularly to ensure that you whitelist any legitimate phone number so that it will not be blocked in the future. The app also provides a personal whitelist and blacklist. You can use the whitelist feature to ensure that a specific number is never blocked for you by the service.  When you do not answer a call from a number you have added to your blacklist, the service will play a message to the caller indicating your phone number is no longer in service, thereby discouraging future calls.  You can add or remove users from your personal blacklists and whitelists at any time through screens on the app.

4. Access to Your Contacts Information

In order to provide its services, RoboKiller must access your mobile phone’s address book.  You must give RoboKiller permission to so so.  Without that permission, RoboKiller cannot provide its services to you.  RoboKiller does not upload your contacts information to, or store it in, any other database.  RoboKiller uses access to your contacts so that it can set a few administrative contacts to help you navigate the signup and activation process, to know when and when not to show you Super Caller ID results, and in the process of blocking nuisance calls.  It also creates a temporary contact for a caller when it delivers Super Caller ID information to you.  These temporary contacts are deleted from your phone after a short period of time, unless you change your app settings to keep such contacts indefinitely. RoboKiller is careful about protecting your privacy, especially in the context of your contacts and address book.  More information is available in our privacy policy at www.robokiller.com/privacy

5. Access to Your Notification Settings

RoboKiller also requires access to your phone’s notifications settings during the setup and activation process.  The service uses this access to modify your phone’s settings so the app can notify you (either by text message or by on-screen notification) when it blocks a phone call and to inform you when an unanswered call is being sent back to you with Super Caller ID information.  From time to time, we may also use the process to notify you of important updates or changes to the service.

6.Ownership of the Account

RoboKiller recognizes the owner of the mobile phone number on the Account as the sole owner of the Account.

7. Free Trial

RoboKiller provides a FREE TRIAL period during which you can use all features of the service for a limited period of time.

8. Payment

RoboKiller’s services are provided through the APP STORE on a paid subscription basis. RoboKiller's rates for services are listed in the app and on the App Store. RoboKiller reserves the right to modify its rates at any time and/or to offer special promotions. RoboKiller does not issue refunds for services. RoboKiller does not send invoices to its customers. Instead, you have confidential access to your Account balance information through the App Store.  If you have a billing dispute, you must contact the App Store to seek a remedy.

 

9. New Features and Modifications to Terms of Service

We may from time to time introduce new features to the service or modify or delete existing features. We will notify you of any new or modified features when they become available, and of any new or modified terms of this Agreement.  Any new or modified terms will become effective for your use of the service upon the earlier of (i) your use of a new or modified feature to which the new or modified term relates, or (ii) the date of your next App Store bill payment.

10. Cancellation

You may discontinue service at any time by contacting the App Store. You will not be entitled to any refund of unused balances if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service. If you are using the service’s Super Caller ID service, you must deactivate your account by following the instructions on the app’s Settings screen.  If you fail to do this, you will not receive your voicemail messages, and may experience other problems with your mobile phone service.

11. Account Suspension or Termination By RoboKiller

RoboKiller reserves the right, if it reasonably suspects that you are committing fraud or otherwise violating these terms of service, (a) to terminate this Agreement and your access to its services upon one (1) day’s electronic notice, (b) to refuse to allow you to recharge your Account, or (c)  to suspend your Account immediately until further investigation takes place.

12. Limitation of Liability

ROBOKILLER SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN BLOCKING, TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS OR FROM THE ACCURACY OR INACCURACY OF ANY INFORMATION PROVIDED BY ROBOKILLER REGARDING ANY CALLER. RoboKiller SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF RoboKiller HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RoboKiller IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. RoboKiller IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. RoboKiller 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 THIRD-PARTY VENDORS AND ACCESSED THROUGH THE APP OR BY THE SERVICE THROUGH ANY OTHER MEANS. RoboKiller ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE RoboKiller SERVICES IN ANY COUNTRY.

13. No Warranties

RoboKiller DOES 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. RoboKiller ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ITS BLOCKING ACTIVITIES OR ANY INFORMATION PROVIDED BY ROBOKILLER REGARDING ANY CALLER OR THE LEGALITY OF THE USE OF ANY OF THE RoboKiller SERVICES IN ANY PARTICULAR STATE OR IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.

14. Force Majeure

RoboKiller shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of RoboKiller.

15. Indemnity

You agree to indemnify, defend and hold RoboKiller, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the App, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney’s fees, which are the result of, or are in any way related to, your use of the App or RoboKiller 's services.

16. Arbitration

All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.

17.  Consent to Communications

By entering into this agreement, you consent to the receipt of electronic mail ("e-mail"), text messages and customer service phone communication (including on-screen notifications) from RoboKiller regarding (a) the operation of the service and your Account, and (b) other services and products we believe may be of interest to you. You may opt out of future e-mails, notifications and text messages about such products or services by contacting us by e-mail at support@robokiller.com.  You may not, however, opt out of receiving RoboKiller communications regarding important information relating to your Account or this Agreement.

18. Trademarks

All corporate names, service marks, logos, trade names, trademarks, websites and domain names of RoboKiller (collectively "Marks"), including but not limited to "RoboKiller," are and shall remain the exclusive property of RoboKiller and nothing in this agreement shall grant you the license to use such Marks without the express written permission of RoboKiller. RoboKiller retains ownership and all rights to the RoboKiller name, logo, software, databases, reports, web site, and information. RoboKiller reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by RoboKiller. However, each individual user has the right to use the RoboKiller name on his, her or its site to further promote the RoboKiller service to the Internet community.

19. Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this Agreement will continue in full force and effect.

20. Integration

This Agreement, as modified consistent as provided herein, constitutes the entire agreement between you and RoboKiller with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and RoboKiller.

21. Governing Law

This agreement, and all modifications and amendments thereto, shall be governed by the law of the State of New York, U.S.A., without giving effect to its conflicts of laws principles.

22. Language

All communications and notices to be made or given pursuant to this Agreement shall be in the English language.