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

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