For terms and service with specific countries/regions and partners, please follow: Japan (Rakuten), Brazil, Korea, Malaysia, the Philippines, Taiwan, Thailand.
Whoscall Terms of Service
The Terms of Service shown here (hereinafter referred to as the “Terms of Service”) are intended to manage your login and access to the website (hereinafter referred to as the “Website”) operated by GOGOLOOK Co., Ltd. (hereinafter referred to as the “Company”), any data, text, charts or other materials shown on the Website, or any information made available by the Company (hereinafter referred to as the “Whoscall Contents”), and any service or software released by the ”Company” (hereinafter referred to as the “Whoscall Service”, including but not limited to, the “Whoscall Applications”, and any service or software released by the ”Company” under the name of Whoscall).
Foreword
Before using the Service, please understand that “Whoscall Service” is dedicated to searching the information from the following two sources: (1) the public information on the Internet or licensed by any other public databases; (2) the information about phone numbers and domain name fed back by the “Whoscall Service” users. Therefore, the ”Company” will not be liable for keeping confidential the personal data disclosed by you on the Internet. You shall keep watching and maintaining your personal data on your own. Also, the ”Company” will not represent or warrant the accuracy of the contents of the information about phone numbers fed back by the user group. You shall judge the accuracy and reliability thereof independently.
Meanwhile, the ”Company” makes no warranty toward the following situations: (1) Whoscall service meets your need; (2) Whoscall service will be non-interrupted, timely, safe and reliable or error-free when providing the information; (3) the result accessed via Whoscall Service is correct or reliable; (4) any service, information or other information accessed via Whoscall Service meets your expectation.
When using the group labeled feedback in the “Whoscall Service”, you shall avoid using any disputable text, and the labeled comments shall match the fact (or substantially match the fact lest dispute should arise). The contents of labeled feedback via the Whoscall service only represent the user’s personal experience and view, but do not mean that the ”Company” agrees to such view or proves the comments. You shall also undertake that you will not engage in the following activities via the Whoscall service: (1) distribution of any rumors or assumptions, or fabrication of any false statement; (2) offensive statement, fabrication of story to defame or insult another person, or infringement upon another person’s reputation; (3) any statement inciting ethnic consciousness or instigation of offensive and abusive statement; (4) any other overly disputable statement.
Please read the following Term of Service carefully. The Term of Service grant us certain rights and also describe how you may manage the information you shown to others via the “Website”, “Whoscall Contents” and Whoscall Service” and let you enjoy the risk warning and inquiry rights provided by the "Whoscall Service". Meanwhile, please also view the Privacy Policy at our site https://whoscall.com/privacy to verify the ”Company” messages and indications about collection and use of your personal data.
The Term of Service expressly defines how you may log in and access the “Website”, “Whoscall Contents” and “Whoscall Service”. Your login and access to the “Website”, “Whoscall Contents” and “Whoscall Service” constitute your consent to the Service and Conditions, irrelevant with whether you are a “member” or “non-registered user”, or only a “visitor” to the “Website” (hereinafter referred to as the “Whoscall Visitor”). Where Whoscall service infringes upon your right when searching information, please inform the ”Company” via privacy@gogolook.com voluntarily. The ”Company” will help you conceal the relevant contents according to the following service Term of Service. Notwithstanding, the ”Company” makes no warranty that said contents will not be displayed again via the “Whoscall Service”.
Definition In order to expressly define the contents and scope of the Whoscall Service, the following specific terms shall have the following specific meaning:
“Member (or registered user) ” means any Whoscall user who has submitted the “Website” or the ”Company” any data sufficient to identify him personally, including but not limited to, telephone numbers or email account.
“ Non-registered user ” means any Whoscall user who receives the “Whoscall Service” but fails to submit his personal data. The “Member” or “Non-registered User” who receives the Whoscall Service is hereinafter collectively referred to as the “Whoscall User”. Any third party who visits the “Whoscall User” via communication is hereinafter referred to as the “Whoscall Visitor”.
”User Data” means the data you choose to upload to the “Whoscall Service, namely, the data or information generated in the process of your use of “Whoscall Service” (including but not limited to, the service information derived from such activities as blocked history, tags, notes, search logs or my collection, et al. generated via the Whoscall Service, and the personal information and private messages you submit or feed back to the Company or “Whoscall Service” via “Report other problem” or other transmission function, also the domain information that has been queried or visited after activating the additional function "Web Checker". ). In order to provide you with better experience in using the “Whoscall Service”, the “Whoscall Service” will also access the site of the “Whoscall Service User” presumed by GPS, access point and public access signal sought via the system authority activated by the "Whoscall Service User” at the same time when you are using the Whoscall Service”, so as to verify the scope of the User’s search and collect the basic information for service optimization.
”Caller ID” means any information accessible to your phone number, including but not limited to, “Third Party Database”, “Search Engine Database” and “User Generated Information”. “Caller ID” also includes some “User Data” linked with the phone number. “Caller ID” also includes some “User Data” linked with the phone number. The Caller ID might contain some “User Data” upon your or a third party’s disclosure. ”Third Party Database” means the pubic database or private database controlled, managed or maintained by a third party, and the ”Company” might access the database to provide the “Whoscall User” with related services.
”Search Engine Database” means the public on- search engine controlled, managed or maintained by a third party, and the ”Company” might access the public data obtained by the search engine to provide the “Whoscall User” with related services.
"User Generated Content” means the data fed back or identified by a registered user, and any information classified, analyzed information via technical identification or statistics, including but not limited to, “User Generated Information” and “User Generated Alert Information”.
"Web Checker" means the additional function developed as "Whoscall Service". After "Whoscall User" activates such function with their choice, "Whoscall Service" will obtain all domain of the visited websites/servers by "Whoscall User", thereby using the "Whoscall Service" internal database to check potential risks in the domain and alert "Whoscall Users".
“De-Identification” means the process used to prevent processed data from identifying the concerned party without utilization of any additional information which has been stored separately and also ensure that the personal data cannot afford to identify the concerned party with specific technology and measure.
“Communication and equipment marking data” means the information needed by the communication protocol accessed by you via the communication equipment applied by you, directly or indirectly, in the process of operation (including the network ID) and the information which cannot afford to identify the concerned party marked or recorded by any other communication equipment and storable or readable by the “Whoscall Service” (including but not limited to, the communication equipment production serial number), in order to run the “Whoscall Service”.
“Anonymous statistic analysis information” means the analysis information compiled and concluded from the “User Data”, “Third Party Database”, “Search Engine Database” or “User Generated Content” by virtue of the “de-identification” technology or any other statistic method involving no personal data identification, or the derivative files created based on said analysis information which cannot afford to identify the concerned party without utilization of any additional information.
”Run” means download, installation and activation of the “Whoscall Applications” to use the functions made available by the Whoscall Service.
1. Membership and Qualifications
If you are not a “Member”, you may view the “Website” and access the “Whoscall Applications”, or certain contents or functions made available to users not limited to the “Member” by the “Whoscall Service”.
If your mobile phone installs the “Whoscall Applications” and activates the same, you may access the applications as a “Member or “Non-registered User”. If you submit your personal identifiable data to the system, the ”Company” will create the link between you and the data automatically. When you use the “Whoscall Applications”, you are entitled to decide partial “Caller ID” information which maybe edited by yourself accessible by the other “Whoscall Service Users” when calling or sending messages to them. Except under the Term of Service herein and the
”Company” Privacy Policy, the ”Company” will never share your phone information with any third party intentionally without your express permission, other than the “communication and equipment marking data” needed and accessible by the Company in the process of providing the “Whoscall Service”. The access authority you granted to the ”Company” will be under your control, as you may delete your “User Data” from “Whoscall Service” at any time. (For more information about termination of the “Whoscall Service”, please refer to Section 6 herein.) You agree to provide accurate, latest and complete information and to keep the same updated to maintain the accuracy, times and completeness of the same. If you provide any information with no accuracy or completeness, you shall not only be liable for all risks and the “Company” shall be entitled to suspend or terminate your “Whoscall Service”
2. Show the information
Caller ID
As a “Whoscall Service User”, when you search any phone number via the “Whoscall Service”, you may search the source of the phone number automatically from the ”Company” Database, Third Party Database and Search Engine Database. If the number is found, the Service will return the name or relevant information of the phone number to you. You also agree that the Service may use your contact information at the client level to identify and judge the information about personal phone number at the same time when you are using the “Whoscall Service”.
Domain Alert
As a "Whoscall user", when you use the " Web Checker" function through the "Whoscall Service", you can search for the domain name in the "Company" database, third-party databases, and search engine databases to check the source of the domain and feedback on the risk assessment. After you enter the search to request the risk value and assessment, we will return the relevant information to you; if you turn on the automatic function and are visiting or browsing a specific domain, we will send the information back to you and show the proactive warning signs for specific domains with high risk.
Granting of license. As between you and the ”Company”, the ownership of your “User Data” shall remain vested in you. Notwithstanding, your share, submission or uploading of the “User Data” shall constitute your granting to the ”Company” a global, non-exclusive, royalty-free, sub-licensable and transferable license to use, duplicate, display and run your “User Data” or to produce any related derivative information in order to enable the “Company” to use, duplicate, display and run your “User Data” or produce any related derivative information, provided that such derivative information shall be related to the “Website” and “Whoscall Service”, and intended to enable the the ”Company” services to be made available to you and the other “Whoscall Visitors”.
You acknowledge and agree that the Company will provide you and other “Whoscall users” and “Whoscall visitors” with the derivative data related to the “Website” and “Whoscall Service”, and the Company is also entitled to engage in product development, or work with its vendors or business partners in the form of information exchange, based on the “communication and equipment marking data” or “anonymous statistic analysis information”, and by decryption of data throughout the process, in order to optimize the “Whoscall Service” and further analyze users’ need and potential application of the “Service” in the future. Meanwhile, the “Company” guarantees that it will never make use of, provide or disclose any additional information sufficient to identify you personally, in any manner, in the process of said product development or business cooperation. You also acknowledge and agree that the Company is allowed to provide a third party organization allowed to use the additional information related to you on the ground of some contractual relationship or power of attorney with the access to the “anonymous statistic analysis data” database constructed by the Company, insofar as the organization needs to conduct the audit or investigation required by laws and the contract, for the purpose of maintaining public interest or protecting your duly interest and right (e.g. prevention or control of scam, money laundering or any other crimes); meanwhile, the Company is also allowed to provide the access to said “anonymous statistic analysis data” database per request of any police entity, administrative agency or judicial branch, for the same purpose.
You acknowledge and agree that you own all necessary rights in the “User Data” you make available via the “Website” or “Whoscall Service”. Therefore, you represent and warrant that: (i) according to the Service and Terms herein, you own the necessary title and rights to permit, consent and assign sufficient to grant the ”Company” the rights to use the “User Data”; and (ii) the “User Data” per se and the “User Data” used by you to post, upload, publish, submit or transmit the “User Data” or “Whoscall Service” on or via the “Website” and “Whoscall Service” shall be free from infringing, misappropriating or violating any third party’s patent right, copyright, trademark right, trade secrets or other intellectual property rights, or infringing the data owner’s privacy or other rights, or violating any laws or regulations.
The blocked history, tags, notes, search logs, backup copy of the contact information, my collection performed or the records of the domain visiting in the Whoscall Service in the “User Data” are all intended to optimize your experience in using the “Whoscall Service”. Please note that when you start to access and use the “Web Checker”, the “Whoscall Service” will record and feed back to you the call search logs about the call numbers presented by the system or manual search through the “Whoscall Database”, including potentially identifiable receptionists, length of access and location. In addition, when you use the "Web Checker", the "Whoscall Service" will also synchronize records and feedback to you all domain query records and risk assessment values (if any) prompted by the system or manual search through the Whoscall database. If you breach said warranties and thereby cause a third party to initiate a claim or opposition action against the ”Company” or you, you shall bear the related legal liability and indemnify the ”Company” against all losses suffered by the ”Company” therefor.
3. Use “Whoscall Service” to manage and access data from the ”Company” Database
In order to protect the user’s right, the “Company” will update the “Caller ID” to the database periodically. As a “Whoscall user”, unless otherwise provided herein, you may request the “Company” to hide the information if necessary and the “Company” will process your request within 30 days:
(1) Request for hiding on search results: "Whoscall Service” only accepts the cases suspected of infringing upon personal information in accordance with the personal information protection law applicable in various territories. Your “Caller ID” searched by “Whoscall Service” from the public source of resources via the Internet will be hidden, and it will request not to display or make available to another “Whoscall User” the same via the “Whoscall Service”. Where any personal information contained in the information made public by you on the network is infringed or false, you may e-mail to privacy@gogolook.com and follow the procedure and file the complaint per instruction. It is held personal information without doubt upon the “Company” examination, the “Company” will hide the personal information as infringed or false per the complaint within 30 days in accordance with Article 13 of the Personal Information Protection Law of the R.O.C.. Instead, if it is held the information other than personal information, the “Company” will not accept the request.
(2) Request for hiding the “User Generated Information”: User Generated Information. The “Company” provides the “Whoscall service user” with the access to share the received call and send feedback and reminder to the “Company”. The “Company” shall be entitled to use the result fed back by the “Whoscall service user” as the information basis to alert other “Whoscall service users” to identify the call number when using the service. Therefore, a “Whoscall service user” shall act objectively and impartially when feeding back the information and avoid feeding untrue information or information which may not be made in public back to the “Company”. The “Company” shall be entitled to hide or delete any untrue or unjust feedback or User Generated Information.
“Whoscall Service” will take the following actions according to the complaint you file at privacy@gogolook.com per instruction, by the following classification: Where the “User Generated Information” contains information in error: The information in error means that the provided name information is not identical with the number holder in fact. Upon receipt of the user’s complaint, the “Company” will conduct examination and give a call to the number containing the information in error. Upon verification, the “Company” will update and modify the information in error immediately.
Where the “User Generated Information” expresses personal subjective opinion and comment that contain defamatory or disgraceful wordings: Upon receipt of the user’s complaint, the “Company” will modify and remove the information. The “Company” will add the defamatory or disgraceful wordings to our filter list to prevent its repetitious occurrence.
(3) Request for hiding the “User Generated Alert Information”, et al.: User Generated Alert Information. Based on the model of calling, messaging and public information, the Company’s exclusive system might be able to identify some calls and messages as those undesired by some or multiple “Registered Users”. Unless otherwise provided herein, “Whoscall Service” will not meet the “Request for Hiding Information” voluntarily with respect to the entities, enterprises or individuals who give the sale or promotional calls or any other types of unwelcome calls or messages identified as uninvited by the users.
The Company will conduct observation within 30 days after you mail privacy@gogolook.com, and follow the instruction and file a complaint, and then will hide said information upon expiration of said-noted 30-day period. Notwithstanding, if, after the Company hides the number in dispute, it is still detected as “User Generated Alert Information”, the “Company” makes no warranty that said information will not be displayed again. If it is the case, said unwelcome caller ID will be displayed to various “Whoscall Service User” continuously.
(4) Request for modifying or hiding a “Third Party Database”: Upon receipt of the request for “modifying or hiding information”, the “Company” shall be entitled to ask the user to proceed with phone verification and provide the related documentary evidence and then accept the request upon verification. The “Company” does not own the control over a third party database. Therefore, your phone number and related information will not be changed or deleted from the third party database which might own your information simply on the ground of the “request for modifying or hiding Information” submitted by you to “Whoscall Service”. The “request for modifying or hiding Information” only represents that your information will be changed or will not be displayed in the information provided by “Whoscall Service”.
Should you have any questions about said approach to identify the call information disclosure, please contact “Whoscall” data processing center at privacy@gogolook.com. Please note that submission of the "request for modifying or hiding information” does not represent that your phone number will be modified or deleted from the "Company’s" all databases. For example, the “Company” will reserve the information to meet your request. Please note that the “Company” reserves the ultimate right to decide and accept the way to process said information.
4. Modification
The ”Company” reserves the right to modify, change, discontinue or terminate the “Website” or “Whoscall Service” or to modify the Term of Service at any time at its sole discretion. If the ”Company” modifies the Term of Service herein, we will post the modification on the “Website” or notify you of the same via email, and will also upload the “Date of Update” to the Website homepage. If you continue to log in or access the “Website” or “Whoscall Service” after the ”Company” posts the modification on the “Website” or notify the same to you, you agree to accept the modified Term of Service. If you disagree with the modified Term of Service, you should cease to access the “Website” and “Whoscall Service” immediately.
5. Bill and fee
For most of the users, the “Whoscall Service” is free. The Term of Service about fees and payments, if any, shall vary depending on the type of phone you use, your “Mobile Service Provider”, and the version of the “Whoscall Service” you use. The Company might develop more “Whoscall Service”. Meanwhile, should there be any Term of Service about fees and payments, the ”Company” will show the relevant information completely and sufficiently. The Company will not ask you to provide the payment method until you agree with it.
We reserve the right to modify, change, interrupt or terminate the Service or release the Service of different contents and versions, from time to time and with reasons. You also agree that we are entitled to set different pricing policies depending on the changed or different contents/versions of the Service after the public announcement (including but not limited to, increase or raise in the charges). You acknowledge and agree that unless otherwise published by the Company, your continuous access to the original services or added services after we publish the change of the pricing policies (irrelevant with increase or raise in the charges for the original services or re-enactment of the pricing policies with respected to the added services) shall constitute your agreement to the pricing policies published by us and to pay the service fees as agreed to us. You hereby declare that you are the owner or licensee of the wireless device used for the access to “Whoscall Applications”, and you are authorized to approve any applicable fees. You acknowledge and agree that in addition to the “Whoscall Service” fees, the messages and data transfer rate from your “Mobile Service Provider” might incur additional fees. For the applicable fees and any taxes and other charges potentially incurred by your use of the “Website” and “Whoscall Service”, your initial use of the same shall constitute your consent to pay the fees in whole. Unless otherwise provided in the Term of Service herein or the ”Company” charge policy, all of the fees you already paid will be non-refundable, and also non-transferrable to any other phone numbers. All of the fees and applicable taxes shall be paid in US dollars. Unless otherwise provided in the Term of Service herein or the ”Company” charge policy, you agree that the ”Company” may change the “Whoscall Service” fees and charges at any time, or add new fee titles from time to time, provided that the ”Company” will give you a prior notice about the change of fees and charges. If you fail to pay the “Whoscall Service” fees timely, or it is impossible for the “Whoscall Service” to access the information provided by you to process your transactions, the ”Company” may reserve the right, at its sole discretion, to suspend you from accessing the “Whoscall Service”. If any payment is not made within 30 days after it becomes due, the ”Company” may reserve the right, at its sole discretion, to delete your “User Data” and terminate your “Whoscall Service” voluntarily.
6. Termination
If you breach any provision herein, the ”Company” shall be entitled to terminate your authority to access or log in the “Website”, “Whoscall Contents” and “Whoscall Service”. If it is the case, the ”Company” will cease to use the “User Data” provided by you immediately. the ”Company” reserves the right to change or revoke your login and access to the “Website”, “Whoscall Contents” and “Whoscall Service”, or suspend the “Whoscall Service” from using your “User Data” in whole or in part, at any time without notice. Unless otherwise provided herein, if you breach the “Terms of Service” and thereby cause the ”Company” to terminate or revoke your authority of access to the “Website”, “Whoscall Contents” and “Whoscall Service”, you shall bear all of the payments to be made pursuant to the “Terms of Service” or the ”Company” charge policy. You may cease to use the “Whoscall Applications" at any time. If you only delete the “Whoscall Application” from your mobile phone, your “user information” or “caller ID” will not be deleted from the “Website” or “Whoscall Service” therefor, because when you delete the application from your mobile phone, the “Company” will not receive any notice about your action. Therefore, deletion of the “Whoscall Applications” cannot afford to represent that you have ceased to use the “Website” or “Whoscall Applications”. Where a “Registered User” wishes to remove his “User Data”, he shall remove the same via the “Deletion of Account” function in the “Whoscall Applications”, provided that paid users will not be refunded for any prepayment made before the deletion.
7. Whoscall property
The ownership, title and interest in the “Website”, “Whoscall Contents” and “Whoscall Service” shall be the exclusive property vested in the ”Company” and its licensor, now and in the future. The “Website”, “Whoscall Contents” and “Whoscall Service” are protected under the R.O.C. laws and any other countries’ laws regarding patent right, copyright, trademark right, and other related rights. Unless otherwise provided herein, you may not reproduce, disseminate, modify, compile, authorize, perform, issue, sell, transfer, display publicly, transmit publicly, produce derivative works of, or use in any other manners the “Website”, “Whoscall Contents” and “Whoscall Service”. You may not use the “Website”, “Whoscall Contents” and “Whoscall Service” on any other websites for any purposes, or link said contents with those websites. The “User Data” excludes the contents, phone numbers, complaints, comments or remarks you contribute to the “Website” or any other websites operated by the ”Company”. If you submit or release any messages or comments in electronic form via the “Whoscall Service”, you automatically agree to grant the ”Company” a global, non-exclusive, royalty-free, sub-licensable and transferable license, with respect to the messages and comments, to utilize, reproduce, disseminate, modify, adapt, compile, authorize, perform, publish, release, transfer, communicate, display publicly, transmit publicly, produce derivative works of, or use in any other manners your “messages” in any form or medium or with any technology, existing now or to be developed in the future. Further, you agree to waiver your economic right. To comply with the laws, the ”Company” shall be entitled to compile or delete the messages or comments, in whole or in part, provided that the ”Company” shall not be obligated to monitor or review any person’s comments. the ”Company” shall not be liable for accuracy, completeness, adequacy, validity or fitness of the contents or messages provided by you or any other persons. Meanwhile, the ”Company” will not endorse, approve, support, encourage, confirm, or agree to, any messages or comments submitted by another person. The relevant legal liability thereof shall be borne by you or the person who submits the messages or comments solely.
8. Whoscall Applications
According to the Term of Service herein, the ”Company” agrees to grant you a non-exclusive and non-transferrable license to run the “Whoscall Applications” on the mobile phone which you are approved to own and use, in order to enable you to use the “Whoscall Service”. Said license does not grant you the right to install and use the “Whoscall Applications” on any mobile phone which is not owned by you or licensed to you. The ”Company” shall reserve the rights in the “Whoscall
Applications” which are not expressly granted to you under the Term of Service. For the purpose of the Term of Service herein, the duplicate of the “Whoscall Applications” used by you has been licensed by the ”Company”, provided that you shall not sell, transfer, or use for any commercial purposes, the duplicate. You own the mobile phone in which the “Whoscall Applications” are downloaded. Notwithstanding, the ownership of the duplicate of “Whoscall Applications” shall still remain vested in the ”Company”, including any intellectual property rights therein.
You acknowledge that the “Company” is entitled to develop and release any upgrade of the “Whoscall Applications” and to upgrade the applications automatically or in electronic form. You acknowledge and agree the adequacy and validity of the upgrade of “Whoscall Applications” made by the ”Company” in your mobile phone, and also agree not to make any claims against the ”Company” with respect to the relevant upgrade policy. You acknowledge that the “Service Term of Service” will be applicable to any upgrade of the “Whoscall Applications”, unless the upgrade shall be subject to a license separately.
If you destroys or deletes the duplicate of any “Whoscall Applications” owned or controlled by you, you terminate the license granted by the ”Company” to you to use the “Whoscall Applications”. If you breach any provisions herein, the license granted under the “Service Term of Service” will be terminated automatically, irrelevant with whether you receive a notification from the ”Company”.
9. Commercial advertisement policy
You acknowledge and agree that the Company may post legal advertising messages on pages of the “Whoscall Applications” to continue maintain the free services made available by Whoscall. The Company is dedicated to selecting safe and reliable sources of advertisements, legal broadcast network and advertisement partners to maintain that the Whoscall advertisements as displayed are safe and reliable, which will not affect the integrity of access to the ‘Whoscall Service”. The Company will spare no efforts to protect Whoscall users’ experience about the “Whoscall Service” from being affected.
The Company owns legal and public yellow information, and the yellow page materials identified by users voluntarily. The Company will classify and identify the relevant information based on the type of service, geographical territory, characteristics, applicable age group and consumptive level as provided by said yellow page merchants, so as to help Whoscall show you the contents of advertisement which may better satisfy your interest and need. When a “Whoscall User” is using the Whoscall Service, including but not limited to, search for phone number, reverse lookup of phone number or domain name, and any other services by Whoscall, Whoscall will post advertisements on your search result page and other service interfaces.
In order to upgrade the service quality and optimize the quality of advertisement, you agree that the Company is entitled to record and analyze the contents of advertisements accessed by you after your de-identification, subject to your authorization, to provide the advertisement spending for the re-marketing exclusively for your interest and need based on the Company’s exclusive systematic analysis, prevent you from watching same advertisements repeatedly, defect unpleasant contents of advertisement, and show the highly correlative advertisement which you might be interested in.
10. Prohibitions
You agree not to engage in any of the following activities when you access or log in the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data”:
1.) Post, release or transmit the text, pictures or data which (i) are false or misleading, (ii) are libelous; (iii) infringe another person’s privacy; (iv) are obscene, pornographic or offensive; (v) promotes bias, racial discrimination or hatred, or causes hazard to any individual or group; (vi) infringe another person’s right, including but not limited to, intellectual property rights; or (vii) violate any applicable laws or regulations, or encourage any potential violations, or constitute any act subject to a civil action.
2.) Log in, interrupt or access the “Website”, the ”Company” computer system, or the non-disclosure areas in the systems of the ”Company” and its suppliers;
3.) Attempt to explore, detect or test the possibility for hacking any system or network, or enforce any measures against safety or identity certification;
4.) Use any search engine, software, tool, medium, device or mechanism other than the software or search engine provided by the ”Company” or a third party webpage browser accepted by the ”Company” (e.g. Google Chrome or Microsoft Internet Explore), in an attempt to log in, search or access the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data”;
5.) Send unknown emails or spam mails, or send advertising emails, chain letters, or messages about product or service promotional campaigns or advertisements without prior consent from the ”Company”;
6.) Post or forge any TCP/IP packet header or a part thereof in any email or press release, or use the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data” in any manner to send unauthorized and altered, fraudulent or false source of identifiable information;
7.) Attempt to decode, disassemble, decompile, or perform reverse engineering on, any software applied to provide the access to the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data”;
8.) Reproduce (other than download or installation) or modify the “Whoscall Applications”, including but not limited to, add new functions or adapt the applications in any other manners to change the operation of “Whoscall Applications”;
9.) Transfer, sub-license, lease or lend, or distribute in any other manners, the “Whoscall Applications” to any third party;
10.)Make the functions of “Whoscall Applications” available to another person in any manners, including but not limited to, uploading the “Whoscall Applications” to any network or file sharing service, or via any host, application service provider, service entity, Saas or any other services;
11.) Interrupt or attempt to intervene the access of any “Whoscall Service User” , host or network, including but not limited to, distributing virus, overloading, abusing, or sending spam mails to the “Website”; or
12.) Misstate or misrepresent that you have any relationship with any person or entity.
Said activities are held suspected of infringing IPR and network safety issues. the ”Company” shall be entitled to and will conduct investigation and initiate a legal action pursuant to laws. the ”Company” will work with the competent law-enforcing authority to pursue any person who breaches the “Service Term of Service” or laws. You acknowledge that the ”Company” shall not be obligated to monitor your login or access to the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data”. For the operation of the “Website”, the ”Company” shall be entitled to take any relevant actions to ensure your compliance with the “Service Term of Service”, or other laws and regulations, or any order from courts, administrative authorities or other government authorities.
11. Feedback
The ”Company” encourages the “Member” to evaluate and test the “Website”, “Whoscall Contents” and “Whoscall Service”, and to provide the ”Company” with any feedback, comment and suggestion. You irrevocably grant the ”Company” a non-exclusive, sub-licensable, royalty-free and permanent license to produce, use, sell, reproduce, modify, issue and run the feedback, comment and suggestion provided by you. Pursuant to the “Service Term of Service”, no right or approval in the “Website”, “Whoscall Contents” and “Whoscall Service” will be granted to you by said license.
12. Link
The “Website” might incorporate the links with a third party website or any other source of information. You acknowledge and agree that the ”Company” shall not be liable for the following: (1) availability or accuracy of any website or source of information other than the “Website”; or (ii) contents, products or services of any website or source of information other than the “Website”. The service made available by the “Website” to access any website or source of information other than the “Website”, if any, shall not constitute the ”Company” warranty towards the contents, products or services made available by any website or source of information other than the “Website”. You hereby acknowledge that you shall be liable for your use of any website or source of information other than the “Website”, in addition to any risk arising therefrom, solely.
13. Use at your own risk
You shall bear any risk potentially arising from your login and access to the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data”. the ”Company” will not be liable for any damage, loss of data or other losses caused to your computer systems or mobile devices by your login or access to the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data”. When you start to use the “Whoscall Service”, You agree the ”Company” has rights to search your “Caller ID” and “User Data”, including but not limited to, under the permission from a third party supplier, the third party partners and mobile service operator.
You acknowledge and agree that you shall not rely on the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data” with any causes to make any decision. You also acknowledge and agree that you shall be responsible for maintenance, backup and protection of your “User Data” with full power.
14. Disclaimer
The ”Company” will use the contents of the “Website”, “Whoscall Contents” and “Whoscall Service” as “it is”, without any express or implicit warranties or conditions. You expressly acknowledge and agree that you shall use the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data” at your own risk, including satisfactory quality, performance, accuracy and effort thereof. Without limiting the foregoing, you expressly disclaim any warranties of the ”Company” towards the merchantability or fitness, accuracy, non-interruption or non-infringement of the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data”, and also any warranties and conditions of the ”Company” towards the process or purpose of transactions.
The ”Company” will not make any warranties towards non-interruption of the “Website”, “Whoscall Contents” and “Whoscall Service”, or the compliance of the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data” with your requirements, or a non-interrupted, safe or error-free service environment, and rectification of relevant defects.
The ”Company” also makes no warranties towards the quality of any product, service or data accessed via the “Website”, “Whoscall Contents” and “Whoscall Service”, or accuracy, timeliness, authenticity, completeness or reliability of any data accessed via the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data”. Unless otherwise expressly provided herein, any suggestions or data, verbal or written, accessed by you from the ”Company” or via the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data” will not constitute any warranties. If the service is proven to be defective, you shall bear all expenses related to the maintenance, repairing or correction as required.
15. Indemnity
You shall indemnify and keep the ”Company” and its directors, supervisors, managers, employees and agents harmless against any damages and expenses incurred by a third party’s claim, demand, dispute, obligation, damage, loss and expenditure resulting from your login or access to the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data”, or the “Caller ID” provided by you, or from your breach of the “Service Term of Service”, including but not limited to, all reasonable legal and accounting expenses.
16. Limitation of liability
To the extent permitted by applicable laws, the ”Company” will not be liable for any personal injury, or incidental, special, consequential or punitive damages, including but not limited to, any loss of profit, loss of data, interruption of business or other business impairment or loss caused by your access to or failure to access the “Whoscall Applications”, or the same caused by your login/access to or failure to access/log in the “Website”, “Whoscall Contents” and “Whoscall Service”, irrelevant with whether it is based guarantee, contract, tort or any other legal requirements, or whether the ”Company” has been advised of the possibility of such injury or damages.
You acknowledge that the ”Company” shall not be liable for the following damages: (1) another member’s or a third party’s libelous, offensive or illegal activity, and any damages caused therefrom shall be borne by you; (2) any third party’s contents uploaded to or downloaded from the “Website”, or via the “Whoscall Service”; (3) any damages caused by the access to your “Caller ID”; or (4) any dispute or effect arising between you and a third party from your access to the “Website”, “Whoscall Contents” and “Whoscall Service”.
You agree that the damages arising from your access to the “Website”, “Whoscall Contents” and “Whoscall Service” or “User Data”, if any, payable by the ”Company” to you pursuant to the “Service Term of Service” or laws shall be applicable only when the damages are caused by the “Website”, “Whoscall Contents” and “Whoscall Service” intentionally or negligently, and shall the higher of US$100, or the payment already made by you to the ”Company” for the access to the “Website”, “Whoscall Contents” and “Whoscall Service” in the month of occurrence of the damages. The requirement about said damages limit shall be the fundamental element constituting the contract/service relationship between you and the ”Company”.
17. Severability
If any provision herein is held invalid or unenforceable, the other provisions herein shall remain effective.
18. Waiver
The ”Company” failure to exercise or enforce any right or interest required under the “Service Term of Service” shall not constitute its waiver to such right or interest.
19. Governing law and jurisdiction
Where the “Company” has provided a translation of the Chinese language version of the “Terms of Service” (hereinafter referred to as "Chinese Version"), the “Chinese Version” will govern the relationship between “Whoscall Service User” and the “Company”. In the event of a contradiction between the “Chinese Version” and a translation, the provisions in the “Chinese Version” shall take precedence over any other translation. The legal dispute arising from your access to the “Website”, “Whoscall Contents” and “Whoscall Service”, if any, shall be governed by the Taiwan R.O.C. laws without involving the application of law in civil relations with foreigners. You also agree that the dispute shall submit to the jurisdiction of Taiwan Taipei District court, R.O.C. in the first instance.
20. Entire agreement
The “Service Term of Service” shall constitute the entire agreement between you and the ”Company” with respect to the “Website”, “Whoscall Contents” and “Whoscall Service”, and shall supersede any prior agreement between you and the ”Company” with respect to the same.
Last updated: 2024.8.8 (Previous version 2020.5.5)