Terms And Conditions
Callmama's Terms And Conditions
Important Notice From Callmama:
- If you do not agree to the service’s terms and conditions, we will not license the App or other parts of the Services to you, and you need to stop using our App, the Site, and the services.
- Suppose you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services we provide. In that case, you may not use the Services in such jurisdiction.
- Note that any purchased Callmama credit will expire after 12 months of inactivity of service.
- NO EMERGENCY CALLS – The App and other Services’ parts are not meant to replace your regular or fixed-line phone services. As such, the App and other service parts are not designed to support or carry emergency calls to any Law Enforcement Agencies, hospitals, or medical care section and any emergency services. Neither are they meant to keep for calls to the operators or directory services. Callmama is not responsible in any way for such calls. You must ensure that, by using your device, you must have alternative arrangements for making such calls.
1.0 Acceptance Terms of Services
You agree to be bound by the Terms of Service if you:
- At the time of sign-up, you click on accept or agree to the Terms of Service.
- Access the website www.calmama.com or other websites that operate by Callmama.
- You can download or use a Callmama application on your Mobile Device.
- Buy a Callmama product or use the Services, as described below or in the App or on the Site.
If you do not agree to the Terms of Service, you may not activate or use the Services for Callmama. Once Terms of Service are accepted, then the constitute required agreement between Callmama and You. Also, by downloading the App from Appstore or Google Play, you agree to the applicable terms of Apple and Google’s license, which will connect you.
Callmama can make changes to Terms of Service from time to time and publish the Site changes. The changes will be effective at the time of publication. Everyone should review the Terms of Service regularly. You understand and accept that your express approval of the amended Terms of Service, or if you remain to use the Services after the date of publication, shall create your agreement to the updated Terms of Service. You agree that if you do not accept any amendment to the Terms of Service, you shall immediately stop accessing or using the Site, App, or any other part of the Services.
Callmama works very hard to provide you cheapest international calling services.
The Callmama App will allow you to make outbound international calls to conventional phone numbers globally. The calling services allow you to place outbound calls, internet-based voice calls over the public switched phone network terminating on both fixed and mobile telephony networks. Callmama also provides services that allow you to make international calls via the Callmama service from a landline or other phone.
Callmama also offers Callmama Calling and Group Calling between and among Callmama App users’ community, details in Section 2.15 below. While providing services, Callmama is using a combination of virtual local landline numbers and internet routing. We can provide termination in several countries worldwide. Still, we do not guarantee that we support termination in all countries or to all telephone numbers or always support termination to any appropriate country or phone number. We make no description that our Services are available for use in any particular location. The Callmama Service is not meant to be used for calls within one country.
2.1 Property Rights And Licenses
Considering you agree to remain by the Terms of Service terms and condition, we allow you abound, non-sublicensable, non-transferable, non-exclusive, revocable license to use the App the Site other parts of the Services rendered or made available to you by Callmama. You may download a copy of the App onto a device you control and view, use, and display the App on the Devices for your purposes only. We reserve all other rights.
Not limiting those above, concerning the App, we license the use of the App to you based on the Terms of Service and subject to any rules or policies applied by Apple Inc. or Google Inc., or any other entity within the Apple or Google group. We do not sell the App to you. We remain the owners of the App at all times.
You may not copy, disassemble, reverse engineer, decompile, redistribute, adapt, modify, or create derivative works of the Software, the App, or Site to the extent applicable, any other part of the Services. You must not obscure, remove, or change any proprietary rights notices that may be attached to or contained within the software.
The software may contain open-source software. Any use, reproduction, and distribution of components of the software licensed under an open-source software license are governed by the terms of such open-source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open-source software license.
You acknowledge that you have no right to access the App or other parts of the Services in source-code form.
All ownership and intellectual property rights in or to the software, the App, the Site or, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or additional documents may exist), including but not limited to patents, design rights, copyrights, trademarks, trade secrets, and proprietary know-how, shall be owned by and vested in Callmama or Callmama’s licensors. Nothing in these Terms of Service shall constitute or be interpreted as a transfer of any such rights from Callmama to you or anyone else. You are, as stated above, solely entitled to the limited license to the Services granted explicitly under this Terms of Service. For clarification, nothing in these Terms of Service gives you a right to use any of Callmama’s trade names, domain names, logos, service marks, trademarks, or other unique brand features, except as may be contained in or otherwise used within the Services provided to you.
The licenses allowed to you as described in this section will terminate automatically in the event of any termination of the Terms of Service. Moreover, Callmama has the right to, in its sole option, at any time remove any materials posted to the Site.
2.2 Use of the Services
You agree to use the Services only in such a way that the Terms of Service is permitted and to act in compliance with any applicable law, regulation, or commonly trusted practices or guidelines in the related rights.
You must ensure that you are legally allowed to use the Services where you reside. Suppose any laws applicable to you restrict or prohibit you from using the Services. In that case, you must comply with those legal restrictions or, if applicable, stop accessing or using the Services.
You recognize and concede that Callmama’s voice service is not a regular phone service or a replacement for your primary phone service. Important distinctions exist between the standard phone service and Callmama’s voice services. You confirm that the products, features or functions, or other services may change over time. Callmama may, without former notice to you, change the form and nature of the Services. This could mean, among other things, that future versions of the Software or the App may be conflicting with applications developed on or with previous versions. Moreover, Callmama may, in sole option and without prior notice, stop giving the Services to you or users regularly. Callmama may update the software, the App, or other parts of the Services at any time but shall have no responsibility whatsoever to provide any such updates to you. It is your responsibility to use the latest available version of the Software, App, or other Services parts.
The Services are for your personal use. You shall not resell or market the Services to any other third party. You agree that you are individually responsible for any data, content, or resources you transmit by using the Services and the consequences of such actions (including any loss or damage that Callmama or any third party may suffer).
2.3 Jurisdictional Restrictions
2.4 Third-party Services
You acknowledge that the Services’ use depends on third parties’ services, including but not limited to international carriers, local termination partners, and your local telecom and mobile operator. You acknowledge and agree that the Services provided by us are not a traditional mobile or fixed-line telephone service or a replacement for your primary telephone service. Note that some Providers prohibit or restrict the use of Voice over Internet Protocol (“VoIP”) functionality or other Services features and may also impose additional fees in connection with the use of the Services.
You are individusally responsible for verifying with your mobile operator (or any other Provider that you are using about the use of the Services) that the use of the Services is permitted following any contractual obligations you may have with that provider, and also to check and pay for such imposed additional fees. Note that, as soon as your call is connected to a phone number provided by Callmama, the market may be charged by your provider, regardless of whether you are connected to the receiver of the call or not, which is even if the line is busy. You acknowledge and understand that the Services provided by us are not a regular mobile or landline phone service or a replacement for your first telephone service.
2.5 Your Account
To use the Services, you are needed to register as a user with Callmama. You agree to provide right, correct, up-to-date, and fill information in all fields showed as mandatory when registering for the Services, as well as any additional information provided or any amendments made by you. Subject to such registration, you will receive access to your Callmama account.
We have the right to change your password/PIN and account name at any time in our sole option and without notice.
We recommend that you choose a password/PIN to your Account that should be hard to guess and keep it secure. Your responsibility is to guarantee that you do not reply to any unsolicited questions for credit card details, password/PIN, or other information. Not limiting the aforesaid, Callmama may offer you, in specific geographic areas, if you have a US phone number (prefix+1), to have an authorized Callmama agent registering the Account on your behalf. You are fully responsible towards Callmama for all use of the Services or connected to your Account.
2.6 Unauthorized Sse And Stolen Device
You are entirely responsible for all activities that occur on or oppositely are associated with your Account, regardless of whether you or a third party initiates the activities and whether or not authorized. Callmama is not accountable for any illegal access to the Account. You are required to contact Callmama immediately to suspend the Services or block your Account if you assume that your mobile phone or other device you are using the Services on is stolen or unauthorized third party may be using the Account or if your password/PIN or any additional account information is lost or stolen. You are responsible for all charges to your Account until the Services are suspended, and the Account is blocked. You may terminate the Account and cancel the service at any time following Section 4 ” suspension or Termination”.
2.7 Restrictions And Prohibited Use
You agree to use the Services only in such a way that the Terms of Service is permitted and to act in compliance with any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. Suppose any laws applicable to you restrict or prohibit you from using the Services. In that case, you must comply with those legal restrictions or, if applicable, stop accessing or using the Services. The list below provides examples of forbidden conduct and shall not be recognized exhaustive – You may not, and you agree not to:
- Use the Services for any illegal purpose, or in any manner incompatible with the Terms of Service, or act fraudulently or maliciously, e.g., by hacking into or entering malicious code, including viruses, or corrupting data, into the App, any Services or any operating regularity.
- Infringe Callmama intellectual property rights or those of any third party concerning your use of the Services.
- Transfer any information that is abusive, offensive, or objectionable with your use of Services.
- Not use the Services for transferring unsolicited information, or any communication not allowed by applicable authority or use the service for phishing or pharming or imitating or misrepresenting alliance with another person or entity.
- Not use the Services in a way that could destroy, disable, overburden, break or settle Callmamal’s or any third party’s systems or defense or interfere with other users.
- Collect or harvest any data or information from the Services or our systems or strive to decipher any transmissions to or from the servers operating the Services.
- Submit or post to the Site, or otherwise disclose any third party to or use any substance or content which violate any third party’s intellectual assets rights or violate the rights of any third party;
- Submit or post to the Site, or otherwise expose any third party to any material or content which is unlawful, offensive, improper, dangerous to minors, abusive, racist, pornographic or otherwise, in Callmama’s individual choice, is unacceptable.
- Intercept or monitor, damage, or modify any communication which is not meant for you.
- Import, export, disclose, market, distribute, market, lease, rent, assign, sell, act as an intermediary or provider, or otherwise grant rights to third parties concerning the Services;
- Use the Services within or to give commercial goods or services to third parties.
- Use the software, App, Site, Account, or parts of the Services in any wrong way.
About Callmama’s unlimited deals, the following should be noted in particular. These deals offer complete outbound international calling services as set forth herein and on the Site (third party fees may apply, see Section 2.4 “Third-party services”). You acknowledge and agree that Callmama’s unlimited opportunities are assigned only for usual, single-person, and non-commercial use to regular landline and mobile numbers in certain applicable subscription countries (for example, superior, premium, service, and non-geographic numbers are excluded). Not limiting the practices mentioned above’ principle, the following methods are always considered unauthorized use:
- Reselling subscription minutes.
- Sharing subscriptions between users.
- Using subscriptions for telemarketing or call-center operations.
- Calling numbers to generate income for yourself.
Unusual calling patterns incompatible with customary, single subscription use may also be considered illegal use. Callmama reserves the right to take any unlawful, forbidden, abnormal or unusual movement into Account in making its purpose. Excessive conferencing or call forwarding, excessive numbers of normal calls of short duration, calls to multiple numbers in a short period, auto-dialing or fax/voice blasts, use without live dialogue, or consistent extreme usage will be analyzed as indicators of such illegal or excessive use.
Callmama may, at its option, immediately suspend the Services concerning you or eliminate the Terms of Service with you if Callmama commands you are using your unlimited deal in breach of the Terms of Service. You acknowledge that there may be maximum thresholds for the aggregate value that you may transfer at any given point in time about the Mobile Top Up Services.
2.8 Submission information to Callmama
You agree that any comments, suggestions, feedback, documents, content, or other material or information given, shared, published by you in connection with the use of the Services or unless in your contacts with Callmama is provided on a non-proprietary, non-exclusive, and non-confidential basis. You grant Callmama a royalty-free, perpetual, sub-licensable, sub-licensable, worldwide, transferable, and specific license to use any such material or data. You acknowledge that you are responsible for whatever material or information is provided by you, including its appropriateness, legality, reliability, originality, and copyright.
2.9 Information Of Disclosure
2.10 No Warranties Or Guarantees
You expressly acknowledge and agree that use of the Services are at your own risk and that the entire risk as to the satisfying quality, performance, accuracy and effort is with you. To the highest extent authorized by applicable law, the Services are given “as is” and “as available”, with all defects and without warranty of any manner, and we with this disclaim all warranties and requirements with regard to the Services, either express, implied or legal, including, but not limited to, the proposed warranties or conditions of merchantability, of satisfying quality, of fitness for an appropriate purpose, of accuracy, of quiet enjoyment, and non-infringement of third party claims.
We do not warrant against resistance with your enjoyment of the Services or that the Services will be uninterrupted or error-free or that defects in the Services will be corrected. We give no oral or written information or advice shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair, or correction. Additionally, you also understand that Callmama cannot guarantee that information or communications transferred concerning Services’ use will not be subject to interference by law enforcing officials or other third parties.
2.11 Interruption And Suspension Of The Services
2.12 Communication Content
2.13 Emergency Calls
2.14 Callmama Phone Number
2.15 Group Calling And Callmama Calling
Callmama Calling offers very cheap international calling services among App users as outlined in this document, on the Site, and in the App. As a Callmama App user subscribing to Callmama Calling, you will be able to both launch and receive a Callmama Call. All users having the App will be able to receive a Callmama Call.
Because, above note, Callmama may use a mixture of internet routing and local virtual numbers in providing its service through the App, you explicitly acknowledge and agree to that third party fees may apply to you both when “starting” a Callmama Call and when “accepting an incoming” Callmama Call, for details see Section 2.4 “Third party services” and Section 3.4 “Out-of-country usage”.
The feature Group Calling offers the opportunity for App users subscribing to have a group call between each other, as outlined in this document, on the Site, and in the App. A Group Call works as a Callmama Call, but several Callmama App users may be invited to engage on the call. Callmama reserves the right to limit the numbers of participants in one Group Call. You explicitly approve and agree that third-party fees may apply to you both when “starting” a Group Call and when “accepting an request” to participate in a Group Call.
2.16 Mobile Top Up Services
3.1 Payment Information
In order to buy the Services as stated on the Site or in the App, such payment setups and methods made available to you by Callmama from time to time. Payments are either made manually by you or through the automatic recharge function (That may be activated or deactivated by you).
When the automated recharge function is activated your Account balance will be recharged automatically with a certain pre-selected amount (or an offer, contract, plan or similar buying of product will be renewed) if the Account balance drops below a specified level or at certain pre-selected cyclic intervals (as applicable) The credit or debit card you have registered with your account will be charged. The automatic recharge function is enabled as a default method, you can off this feature at any time by using your account.
Subscriptions are automatically renewed untill stopped by you before the occurrence of the new subscription time. Callmama has the right to charge you a service fee for your use of the Mobile Top Up Service. Such service fee will not be communicated to you as a separate item, but will be included in the amount that will be debited on your credit or debit card as outlined in these Terms of Service.
All paid amounts are concocted via a third-party payment processor. You agree to give full and accurate payment knowledge and further agree that the processing of payment activities is subject to the terms, conditions and policies, including privacy policies, of the Payment Processor and your credit or debit card issuer
3.2 VAT And Rates/Price
The price for the Services are written on the Site. Callmama holds the right to modify the charges at any time without intimation. The new price/rates will update to your next phone call or else the next time you use the Services after the new rates’ announcement. If you do not wish to admit such change of rates, do not use the Services. No returns payments are available. You agree that by using the Services, you accept such changes following the rates’ regulations.
Unless stated otherwise, all the services’ price/rates and charges shall be displayed in US dollars (USD) and shall be exclusive of Value Added Taxes (VAT) or any other applicable taxes or fees. You shall be accountable for paying any and all VAT or any other taxes or fees applicable to the Services.
3.3 Call Duration Rounding
3.4 Usage On Out Of Country
3.5 Refund Amount
3.6 Account And Receipt
When you sign in to your account, you will find specific data relating to your use of the Services, such as payments made, calling history and your current balance, etc. Besides, Callmama may also provide you with a receipt by e-mail upon fees for the Services. Please note that the Account Records are the only statement of the account, or the activities relating to the account, that Callmama will provide. It is your responsibility to print or save copies of your Account Records and retain copies for your own records.
Callmama will use commercially cheap efforts to correct any technical failures relating to the Account Records within a reasonable time. However, your weakness in viewing the Account Records does not extend, or relieve you of, your obligation to pay any amounts due to Callmama.
3.7 Credit Expiration
A balance on the account will expire 9 months after the Services’ last activity, meaning that any credit balances that are not used within the 9 months mentioned above period will be lost.
The Terms of Service is practical until terminated by you or Callmama.
You may terminate the Terms of Service at any time, by your settings in the account or by sending Callmama a termination notice to email@example.com.
Without limiting any other support, Callmama may at any time change, limit, suspend, discontinue or terminate your use of all or any part of the Services or the Terms of Service, with immediate effect, automatically, with or without notice and without recourse to the courts or other courts, for any reason or for no reason, including without limitation, if Callmama reasonably suspects that you are:
- In breach of any of the terms and conditions of the Terms of Service.
- Using the Services to break the law or infringe third party rights.
- Trying to exploit or misuse any of our policies unfairly.
- Using the Services fraudulently or that a third party is using your account fraudulently.
- Creating problems or legal liabilities.
- Delinquent concerning any charges due for the Services.
- Engaging in fraudulent, immoral, or illegal activities.
- Subject to any proceeding under bankruptcy, insolvency, liquidation, or similar laws.
- Sale of the assets of Callmama or a group company or corporate restructuring.
- Fraudulent calling patterns, excessive usage, billing irregularities, or misuse of service promotions or campaigns.
- If required due to a change in laws/regulations by a regulator or authority with a lawful mandate in any particular territory.
- If required by any of Callmama’s service providers.
You acknowledge and agree that Callmama is under no obligation to provide the Services and that Callmama shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination, or modification of the Services or the Terms of Service. Callmama reserves the right to cancel the account if it has been inactive for more than one year. On termination for any reason:
- All rights granted to you under the Terms of Services shall cease.
- You must immediately cease all activities authorized by the Terms of Services, including your use of any Services.
- You must immediately delete or remove the App, the software and other parts of the Services from all Devices, and immediately destroy all copies of the same than in your possession, custody or control.
Callmama shall execute the termination by preventing you from accessing the account or other parts of the Services, where applicable.
Callmama may assign all or part of the rights or obligations under the Terms of Service without notice to you. Callmama may assign all or part of the rights or responsibilities under the Terms of Service without notice to you. You may not assign any rights or obligations under the Terms of Service to any third party without the prior written consent of Callmama.
5.2 Limitation of Liability
In no event shall Callmama and its subsidiaries, associates, officers, directors, employees, and agents and any other service provider who provides services to you in connection with the services be liable for any significant, secondary, special, punitive or incidental damages, or damages for loss of business, data, goodwill, credit, business information or business profits, business interruption, or other financial loss, that result from the use of or inability to use the Services or otherwise arise under the Terms of Service, even if it has been advised of the possibility of such damages.
In any event, and without restricting the generality of this division to the extent permitted by law, you agree that Callmama’s total aggregate debt to you for all damages and losses that arise in connection with the use of or inability to use the Services or otherwise occur under the Terms of Service, shall not in any circumstance exceed the amount paid by you, if any, to us for the Services in the five months instantly before the date of the event.
You agree to indemnify, defend and hold safe Callmama and its subsidiaries, members, officers, directors, employees, and agents and any other service provider who provides services to you in association with the Services, from any claim or demand or governmental investigation or enforcement action done by any third party due to or starting out of Your use of the Services, your breach of the Terms of Service, or Your violation of any rights of another person or entity.
5.4 Law And Competent Court
The Terms of Service shall be governed by and construed following the United States laws without affecting the conflict of laws or provisions of the United States or your actual state or country of residence. Any dispute, disagreement or claim arising out of or concerning the Terms of Service, your relationship with Callmama, including any non-contractual duties, will be exclusively subject to the control of and be settled by a USA court of general jurisdiction shall be the court of the first instance. Notwithstanding the preceding, Callmama shall be entitled to bring actions for injunctive relief in any court of competent jurisdiction.
5.5 Entire Agreement
The Terms of Service represent the entire agreement between Callmama and you relating to the use of the Sites, Accounts and any other part of the Services, and replaces all prior offers, opinions, agreements and descriptions with respect to the service or any other subject matter covered by the Terms of Service. For the purpose of explanation, the Terms of Service supersede all promises made to you by our client services agents, representatives or employees. The Terms of Service may not be modified or amended except as described herein by Callmama or otherwise with the written agreement of Callmama.
If a court finds any provision of the Terms of Service to be invalid or unenforceable for any reason, the remainder of the Terms of Service shall continue in full force and effect.
Headings used in terms of service are for service purposes only and shall not be considered to limit or affect any of the provisions hereof.
5.7 Language Translations
Callmama may provide you with a translation of the English language version of the Terms of Service for your support. In the event of any inconsistency between a non-English version of Terms of Service and the English version, the English version shall govern your relationship with Callmama.
5.8 Ability to Contract
At this moment, you declare that you are fully able and competent to enter into the Terms and Conditions and abide by and comply with the Terms and Conditions.
You acknowledge and agree that if Callmam is unable to provide the Services due to a force majeure situation, Callmama will not be in violation of any of its obligations towards you under the Terms of Service otherwise. A force majeure event means any event beyond the control of Callmama.
5.10 Callmama And You
If you wish to contact Callmama, or if any condition in terms of service requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org.
When Callmama sending any notices to you, use your e-mail address stated in the account or any mail address or other e-mail provided by you in connection with your use of the account, the Sites or other parts of the Services, or otherwise presented to us in your contacts with Callmama.
You agree to use electronic communication to enter into contracts, place orders, and create other records and deliver notices, policies, and changes thereto and records of transactions with Callmama.