Terms of Use and
End User License Agreement for the CallDetector® App
(Effective August, 2025
This Terms of Use and End User License
Agreement (“Agreement”) is a legal agreement between you (“you”, or “your”) and
First Orion Corp. (“First Orion”, or “we”, or “our” or “us”) and your use of
the Call Detector® App (the “App”) is conditioned on your compliance with this
Agreement.
Please read this Agreement carefully
before clicking the “Accept” button or downloading or using the App.
The App includes features and
functionality to identify unknown callers, block unwanted callers,
automatically block known scammers, perform number lookups, block all private
or unknown callers, and submit complaints. Various features and functions of
the App are offered for free as well as part of a paid service. By utilizing
the free version, certain features and functions may be inoperable.
Privacy
You acknowledge that your use of the App
is subject to the Privacy Policy for CallDetector App®, as such policy may be
amended by us from time to time.
Updates and Changes.
We reserve the right, at any time, to
update, revise, supplement, and otherwise modify this Agreement to impose new
or additional rules, policies, terms, or conditions on your use of the App. In
addition, from time to time we may automatically update and change the App to
improve performance, enhance functionality, reflect changes to the operating
system or address security issues. Alternatively, we may ask you to update the
App for these reasons. If you choose not to install such updates or if you opt
out of automatic updates, you may not be able to continue using the App and/or
the functionality and performance of the App may be reduced.
License Grant
Subject to the restriction set forth in
this Agreement, we grant you a personal, revocable, non-exclusive,
non-transferable, limited license without the right to sublicense to use the
App.
Your Use of the App
You may download a copy of the App
onto your mobile telephone devices and view, use, and display the App on such
devices for your personal use only. You agree that you will not:
·
Rent, lease, sub-license, loan, provide, or
otherwise make available, the App in any form, in whole or in part to any
person without prior written consent from us;
·
Copy the App, except as part of the normal use
of the App or where it is necessary for the purpose of back-up or operational
security;
·
Translate, merge, adapt, vary, alter or modify
the App, win whole or in part, or permit the App (or any part of the App) to be
combined with or become incorporated in, any other programs (except as
necessary to use the App on devices as permitted in this Agreement;
·
Access the source code of the App, nor
disassemble, decompile, reverse engineer, or create derivative works based on
the whole or any part of the App or attempt to do any such thinks to the App,
to the extent such activities can be restricted by law.
Restrictions on Use
As a condition of use of the App, you
agree that you will not:
·
Use the App in any unlawful manner, for any
unlawful purpose, or in any manner inconsistent with the terms of this
Agreement, or act fraudulently or maliciously, for example, by hacking into or
inserting malicious code such as a virus or harmful data, into the App.;
·
Infringe our intellectual property rights or
those of a third party in relation to your use of the App;
·
Transmit any material that is defamatory,
offensive, or otherwise objectionable in relation to your use of the App;
·
Use the App in a way that could damage,
disable, overload, impair, or compromise our systems or security or interfere
with other users;
·
Use the App to solicit participation in public
discussion, debate, comment, or activity;
·
Provide false or misleading information about
yourself or your business or create a false identity; and
·
Violate any applicable technology control or
export laws or regulations that apply to the technology used or supported by
the App.
Intellectual Property Rights
Rights to the App. You
acknowledge and agree that all copyrights, patents, trademarks, trade secrets,
and other intellectual property rights associated therewith the App are, and
shall remain, the property of First Orion or its affiliates, licensors and
suppliers. You have no intellectual property rights in or to the App
(including, but not limited to, any information, data, material, text, designs,
graphics, pictures, video, photographs, applications, software, and other
files) other than the right to use the App solely for your own personal use, in
accordance with the terms of this Agreement. Republication or redistribution of
the content, including by framing or similar means, is prohibited.
Furthermore, you acknowledge and agree
that the source and object code of the App and the format, directories,
queries, algorithms, structure, and organization of the App are the
intellectual property and proprietary and confidential information of First
Orion and its affiliates, licensors and suppliers. We reserve the right to
change, suspend, terminate, remove, impose limits on the use of or access to,
disable access to, or require the return of the App at any time without notice
and will have no liability for doing so. Except as expressly stated in this
Agreement, you are not granted any intellectual property rights in or to the App
by implication, estoppel, or other legal theory, and all rights not expressly
granted in this Agreement are hereby reserved and retained by us. These
obligations survive termination of the Agreement.
Marks. You
acknowledge and agree that the following company names and their related logos
and all related product and service names, design marks and slogans are
trademarks and service marks owned by and used under license from First Orion including, but not limited to: CallDetector® (the “Marks”). You are not
authorized to use the Marks in any advertising, publicity or in any other
commercial manner without the prior written consent of First Orion, which may
be withheld for any or no reason. You shall not remove, alter or obscure any
proprietary notice (including any notice of copyright or trademark) of the
licensors of the App. These obligations survive termination of this Agreement.
Third Party Software. The App
may utilize or include third party software that is subject to open source and
third party license terms (“Third Party Software”). You acknowledge and agree
that your right to use such Third Party Software as part of the App is subject
to and governed by the terms and conditions of the open source or third party
license applicable to such Third Party Software, including, without limitation,
any applicable acknowledgements, license terms and disclaimers contained
therein. In the event of a conflict between the terms of this Agreement and the
terms of such open source or third party licenses, the terms of the open source
or third party licenses shall control with regard to your use of the relevant
Third Party Software.
Availability
It is technically impracticable to
provide a fault-free service, and we do not undertake to do so. In the event of
a fault, we will attempt to restore functionality as soon as is reasonably
practicable. Access to the App may occasionally be suspended or restricted for
operational reasons such as maintenance or the introduction of new facilities
or products.
Termination
We may, in our sole and absolute
discretion, at any time and for any or no reason, suspend or terminate this Agreement
and the rights afforded to you hereunder with or without prior notice. Cause of
such termination may include (a) a breach by you or the terms of this Agreement
or your engagement in fraudulent or illegal activities, (b) a request by law
enforcement or other government agencies, or (c) unexpected technical or
security issues or problems. Upon the termination of this Agreement, you shall
cease all use of the App and uninstall the App from all devices in your
possession. These obligations survive termination of this Agreement.
Our responsibilities for loss or damage suffered by you
THE USE OF THE APP IS AT YOUR OWN
RISK. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND
GUARANTIES REGARDING THE APP, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, WE MAKE NO
WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS; (II) THE APPS WILL BE
UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE
QUALITY OF ANY INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU
THROUGH THE APP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY
ERRORS IN THE APP WILL BE CORRECTED. FURTHERMORE, YOU ACKNOWLEDGE THAT WE HAVE
NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APP.
YOU ACKNOWLEDGE THAT THE APP IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS
OR ENVIRONMENTS WHERE THE MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN
THE DATA OR INFORMATION PROVIDED BY THE APP COULD LEAD TO DEATH, PERSONAL INJURY,
OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. WE DO NOT WARRANT THAT THE
APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF
HARDWARE, SOFTWARE OR EQUIPMENT INSTALLED ON OR USED IN CONNECTION WITH YOUR
DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY
PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL
COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA
LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON
YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU
FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH
COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APP PROVE DEFECTIVE, YOU
ASSUME THE ENTIRE BURDEN OR ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR
CORRECTION. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS AGREEMENT.
IF YOU HAVE PAID ANY FEE FOR USE OF
THE APP, IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE
WARRANTY, YOU MAY NOTIFY US AND WE MAY, AS YOUR SOLE AND EXCLUSIVE REMEDY,
REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APP. WE WILL HAVE NO
OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP.
Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY
LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE,
PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES OR LOSS OF OR LOST PROFITS ARISING OUT
OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR
NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE
APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YOU WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE SHALL HAVE NO
RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE APP
OR YOUR USE OR POSSESSION THEREOF, INCLUDING, BUT NOT LIMITED TO (I) PRODUCT
LIABILITY CLAIMS, (II) ANY CLAIM THAT THE APP FAILS TO CONFORM TO ANY
APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (III) CLAIMS ARISING UNDER CONSUMER
PROTECTION OR SIMILAR LEGISLATION, OR (IV) ANY CLAIMS, LOSSES, LIABILITIES,
DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APP TO CONFORM TO
ANY WARRANTY, EXPRESS OR IMPLIED. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS
AGREEMENT.
The App is for domestic and private
use. If you use the App for any commercial, business or resale purpose we will
have no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
The App is provided for general
information only. It is not intended to offer advice on which you should rely.
You must obtain professional or specialist advice before taking, or refraining
from, any action on the basis of information obtained from the App. Although we
make reasonable efforts to update the information provided by the App, we make
no representations, warranties, or guarantees, whether express or implied, that
such information is accurate, complete or up to date.
Mandatory Arbitration/Waiver of Jury
Trial
Except for excluded claims below, you
agree with us that any claim, dispute, or controversy (whether in contract,
tort, or otherwise, whether pre-existing, present or future, and including
statutory, common law, intentional tort, and equitable claims capable in law of
being submitted to binding arbitration) (each, a “Claim”) by one party against
the other, or the other party’s agents, employees, officers, directors,
successors, licensors, assigns, or affiliates arising from or relating to this
Agreement, its interpretation, or the breach, termination, or validity thereof,
the relationships between the parties, whether pre-existing, present or future
(including, to the full extent permitted by applicable law, relationships with
third parties who are not signatories to this Agreement), advertising, or any
related purchase, shall be resolved exclusively and finally by mandatory,
confidential, binding arbitration administered by the American Arbitration
Association (AAA) in accordance with the provisions of its Rules of Commercial
Arbitration (the “Rules”). An arbitration demand must be made within one (1)
year of the date on which the party demanding arbitration first had notice of
the existence of the Claim to be arbitrated, or the right to arbitration shall
be considered to have been waived. The dispute shall be resolved by a neutral
arbitrator. Neither party nor the arbitrator may disclose the existence,
content, or results of any arbitration hereunder without the prior written
consent of both parties. The arbitrator shall have the discretion to order a
pre-hearing exchange of information by the parties, including, without
limitation, production of requested documents, exchange of summaries of
testimony of proposed witnesses, and examination by deposition of parties. The
arbitration will be conducted by, and pursuant to the rules of, the American
Arbitration Association (AAA). www.adr.org is the AAA website. You can get a
copy of the AAA’s rules at its website, including the rules for filing your
claim, whether it be by mail or online. The arbitration hearing must be carried
out in the federal judicial district where you live unless you and First Orion
agree otherwise. Judgment upon the award rendered by the arbitrator shall be
final and binding on each of the parties and may be entered in any court having
jurisdiction thereof. THE PARTIES HEREBY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN
ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT.
The following Claims are not subject to this agreement to
arbitrate:
·
Remedies in small claims court for Claims
within that court’s jurisdiction, unless these Claims are transferred, removed,
or appealed to a different court. If so, either you or we can require the
transfer of these Claims to arbitration;
·
Provisional judicial remedies;
·
The exercise self-help remedies and measures
that do not involve a court or arbitration; or
·
Compliance with other contractual or mandatory
regulatory procedures before a Claim may be brought to arbitration.
·
Nothing within this section shall restrict our
right to seek injunctive or any other legal or equitable relief from a court of
competent jurisdiction for a violation of this Agreement by you or any third
party.
·
Class Action Waiver. ANY DISPUTE RESOLUTION
PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN
INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR
UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY
GENERAL ACTION, UNLESS BOTH YOU AND FIRST ORION SPECIFICALLY AGREE TO DO SO IN
WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT
APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Other important terms
Assignment. You
shall not assign this Agreement or any rights or obligations herein without our
prior written consent and any attempted assignment in contravention of this
provision shall be null and void and of no force or effect.
Waiver. Except
as provided herein, the failure to exercise a right or require performance of
an obligation under this Agreement shall not affect a party’s ability to
exercise such right or require such performance at any time thereafter nor
shall the waiver of a breach constitute waiver of any subsequent breach.
Data Protection. We will
comply with our obligations under applicable data protection legislation and
maintain all relevant registrations and notifications, for the purposes of
operating the Apps.
Severability. If any
provision of this Agreement is held to be invalid or unenforceable with respect
to a party, the remainder of this Agreement, or the application of such
provision to persons other than those to whom it is held invalid or
unenforceable shall not be affected and each remaining provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by
law.
Third Party Beneficiaries. Nothing
contained in this Agreement is intended or shall be construed to confer upon
any person (other than the parties hereto) any rights, benefits or remedies of
any kind or character, or to create any obligations or liabilities of a party
to any such person.
Governing Law. This
Agreement shall be deemed to take place in the State of Arkansas and shall be
governed by and construed in accordance with the laws of the State of Arkansas,
excluding its conflicts of law principles. This Agreement shall not be governed
by the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. You agree that any
dispute or claim arising out of or relating to this Agreement or your use of the
App must commence within one (1) year after the dispute or claim accrues.
Otherwise, such dispute or claim is permanently barred.
Export Control. You may
not use or otherwise export or re-export the App except as authorized by United
States law and the laws of the jurisdiction(s) in which the App was obtained.
You represent and warrant that you are not (a) located in any 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, or (b) listed on any U.S.
Government list of prohibited or restricted parties including the Treasury
Department’s list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person’s List or Entity List. You also agree that you will not
use the App for any purposes prohibited by United States law.
Questions
If you wish to contact us for any
reason, or if you have questions or concerns, please contact us by sending
paper mail to the address below or emailing us at the email address provided.
First
Orion Corp.
Attention:
Legal Department
520
Main Street, Suite 400
North
Little Rock, Arkansas 72114
support@firstorion.com
©2025 First Orion Corp. All rights
reserved.