These terms and conditions (hereinafter collectively referred to as the “Terms”) constitute a legal and binding agreement between FunnyApps LLC., a company incorporated under the laws of Delaware (United States of America), with registered office at 2330 Ponce de Leon - Coral Gables, Florida 33134, business registration no. (EIN) 83-3586601, including its subsidiaries, affiliates and contractors acting on its behalf (hereinafter collectively referred to as “We”, “Us” or “Our”) and the users and their heirs, agents, successors and assigns (hereinafter singularly and collectively referred to as “You” or “Your”) that use any of Our software, service (including, without limitation, SaaS, internet-based service, etc.), tool, application, component, website and any modification or update thereof (hereinafter any and all the items above mentioned will be singularly and collectively referred to as the “JuasApp”).
IMPORTANT NOTICE: Your continued use of JuasApp constitutes Your expressed acceptance of and agreement to be bound by these Terms, as in force from time to time. Therefore, You understand and acknowledge that by downloading, accessing, installing or using JuasApp You agree to be bound by these Terms. If You do not accept the Terms in their entirety, You must not download, access, install or use JuasApp. If You agree to these Terms on behalf of an entity, or in connection with providing or receiving services on behalf of an entity, You represent and warrant that You have the authority to bind that entity to these Terms. In such event, “You” and “Your” will refer and apply to that entity or agency. Furthermore, if You want to block your telephone number from receiving prank calls from JuasApp, please use the form available at http://www.juasapp.com/blacklists_userpaneljs.html. Please allow at least five (5) business days for your request to become effective.
2. PURPOSE AND SCOPE OF APPLICATION OF THE CONDITIONS OF THE USE OF SERVICE
The following terms and conditions of use (“Terms of Service”) have as a regular objective the use and mobile application and web service of JUASAPP (hereafter the “mobile APP”, “JUASAPP” or the “Service”) of which FunnyApps LLC (hereafter” FunnyApps ”) is the owner.
3. DEFINITION OF SERVICE
JUASAPP is an application that allows the user to send consistent jokes in a pre-recorded audio file by telephone to the destination selected by the user. The user will be able to select from a list of jokes and indicate both the line of destination and the hour in which you wish for the addressee to receive the joke. Once the joke is delivered to the recipient, the application has the functionality to record the audio (hereafter the “Recording”) and make it available to the sender of the joke. However, you, the user shall not share the Recording with any third parties unless you havethe express consent of the person who has received the joke (i.e. the recipient of the joke).
Hereinafter the will be referred to as “JUASAPP”)
NOTE: Since the personal data of the recipient of the call are stored only and exclusively in the terminal of the user of the application (client), in case he deletes the application in his terminal or deletes the associated data in his terminal, it may stop working in the sense that, that deleted information disappears from it. Although, when you reinstall and/or use it, your personal information linked to the new uses of it will be available until it is deleted again by the user.
You represent and warrant that the recipient of any call You initiate through JUASAPP is not located in any the following states: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Vermont, and Washington.
4. CONTENT FOR ADULTS AND CHILD PROTECTION
Through the service, you access content that could be susceptible to offend the sensibilities of certain users. If you are under age you must leave the Service and immediately uninstall the application from your mobile device. The use of the Service implies your explicit declaration to predispose of the necessary legal majority, in accordance with applicable law, exonerating FunnyApps LLC from all liability. The mobile APP is provided as an entertainment app of its users for exclusive use for people 18 years of age or older, in the same way it is strictly forbidden to forward a joke to a minor.
Under no circumstances has there been included any material that contains images or sounds of persons under age, or minors who have participated in its creation.
Likewise no contents are included that, by their nature, are derogatory to any ethnic or social group, or that may reflect non-consensual acts of violence by the persons participating. Furthermore no images are offered in which animals participate, irrespective of the legality of its use.
5. PAYMENT SERVICES
The use of the application may have a cost, both by acceding by means of the charge by credit card /Paypal /Google Play /Google Wallet /Apple (AppStore).
The maximum price of every joke is $1.50. VAT included. Albeit, in general, content packages of more competitive scaled prices are offered. These joke packages may be acquired in a prepaid manner, giving rise to credits that accumulate in the account of the user.
A free joke is also offered to all users who download and install the application (so long as you have a SIM card installed on your device), with the possibility of receiving another additional credit if the user registers in the app through his profile in social networks (e.g.: Facebook – option only available for the Android app)
FunnyApps LLC reserves the right to launch special campaigns and of limited duration, such as:
1. “2 x 1”: the same number of credits bought are provided to the user free of charge.
2. “Member-get-Member”: if a user A recommends the app to another user B, and user B purchases a package of jokes, the user A is also assigned the same number of jokes purchased by user B.
If the addressee doesn’t answer the call that constitutes the joke, or the call doesn’t reach the addressee, no joke balance is deducted.
All answered calls (including those answered by the automatic answering machine) must be subtracted from the balance of jokes as the telephone carrier does not distinguish whether it is the receiver that answers manually or if it is the voice mail of the carrier.
This party will not be responsible in any case of malfunctioning of the phone carriers and Internet access with which the user has contracted their services, nor the platforms for means of payment used by the user to make payments. Nor will it be responsible for the bad configuration of the mobile or the tablet of the user, being their responsibility to verify their possibilities of error.
The purchased amounts expire after 6 months without using the application. At that time, the user’s content may be deleted.
6. USE OF SERVICE OFFERED
a) Recommended use and limits.
You are fully responsible for your use the Service, pledging to hold harmless and indemnify FunnyApps LLC and its affiliates if necessary, its affiliates, related parts, employees, directors, employees, agents, independent contractors, advertisers, partners and sponsors and sponsoring brands, of any claim or lawsuit, including reasonable attorneys’ fees, even criminally reprehensible behavior that have been carried out by a third party, due to direct use or as a result of illegal use of the Service.
b) Sharing and recording jokes
In the majority of countries, the laws allow the recording of any telephone conversation as long as you count with the consent of, at least, one of the parties involved in it. A user will not be able to download a Recording without obtaining the previous consent thereof. The feature of the Service prevents a Recording from being created if the JUASAPP user does not expressively accept such previous condition.
In order to share jokes publicly, the service requires that the person sharing the joke has obtained the permission of it from all the participants of the call. FunnyApps LLC is not responsible for the consequences of failure to obtain the necessary consent to share the Recording, falling on him the obligation to indemnify third parties or FunnyApps LLC of any claim arising out of their actions.
For the foregoing purposes FunnyApps LLC will collect certain additional personal data of the user before obtaining the recording.
c) Applications contrary to these conditions
1. You shall not the use of the mobile APP to call emergency numbers, health centres, governmental agencies, employees or officials, police, schools, the numbers assigned to services of public radio companies, any service for which the party called is charged per call, or to any other recipient when this is prohibited by law or regulation, unless the call is made with the previous and express consent of the party called. You shall not use this service for any illegal or unlawful activities.
2. Making a non-authorized or fraudulent use of the application and/or its content with illicit means or ends.
3. Copy or modify, the mobile APP, including, but not limited, the addition thereto of new functions or making changes therein that alter its operation.
4. Transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights of any kinds and the extent of the Mobile APP for third parties.
5. Access or attempt to access restricted areas or resources of the application, without fulfilling the conditions required for said access, as well as evade payment systems in place.
6. Introducing or spreading computer viruses or any other hardware or software capable of causing damage to physical or logical systems of the domain owner, its suppliers or third parties;
7. Trying to access, use and / or manipulate data of the service owner, third party providers and other users;
8. Remove, hide or manipulate the notes about intellectual or industrial property rights and other identifying data about the rights of the application holder or third parties included to the Contents, as well as technical protection devices or any information mechanisms that can be inserted in the Contents:
9. In particular, you, the user, agree not to use JUASAPP to transmit, distribute or make available to people under 18 years old jokes or any content, messages, graphics, photographs, recordings and, in general, any kind of material available in the application;
10. You shall not use JUASAPP:
in a way that breaches, any legislation or any licence applicable to you or that is in any way illegal, unlawful or fraudulent;
in a way that causes us to lose or breach or contravene any legislation.
to make nuisance calls;
to threaten, annoy or harass any person.
to distribute, deliver, transmit, knowingly receive, upload, download, publish, use or re-use any information or material which is offensive, abusive, defamatory, indecent, obscene, immoral, unlawful (including but not limited to child pornography) or menacing, or in breach of any intellectual property, privacy or any other rights of third parties or which might cause annoyance, inconvenience or needless anxiety to anyone, or to commit a fraud or other criminal offence;
for purposes other than the genuine use of JUASAPP;
to knowingly make available or upload files that contain software or other material, data or information not owned by or licensed to you or your Users;
to send or procure the sending of any chain letters or unsolicited advertising or promotional material (“Spamming”);
to propagate computer worms or viruses;
to attempt to gain unauthorised entry to any site or network; or
contrary to any reasonable instructions we give you to protect the integrity and quality of our Services or otherwise.
in a manner which restricts or inhibits any other user of our Services from using or enjoying JUASAPP or other products or services.
(Collectively referred to as the “Prohibited Activities”).
If you breach any of the provisions of this clause above and carry out any of the Prohibited Activities we shall be entitled, at our sole discretion, to suspend or restrict your access to our services immediately or to terminate your access to our services and our terms and conditions immediately.
We may also disclose any information we have about you and your use of our services to regulatory bodies or law enforcement organisations or courts of law but only if required by law or when requested by any of them in accordance with applicable laws.
You shall fully indemnify and hold us harmless against all losses, damages and amounts (including legal fees), suffered or incurred by us arising out of or in connection with any actual or potential claims, legal and regulatory proceedings against us by a third party, resulting from your breach of this clause 6.
7. RIGHT TO MONITOR AND CONTROL
FunnyApps LLC, with the objective of guaranteeing the rights of the users and addressees of the jokes and respect current legislation may:
Proceed to the supervision of the Service by means of its administrators.
Store in its files the relative data to the I.P. address, manufacturer and model of the device, telephone carrier, as well as any other information provided by the users (e.g. user accounts in social networks such as Facebook or Google Plus) and communicate it to the Forces and Bodies of Security of the state in case that FunnyApps LLC is required for this purpose.
Temporarily disrupt the service without prior notice for technical or legal reasons that will be suitably motivated.
Modify the contents of the Service without communicating it previously when, for reasons of its activity it deems fit.
8. LIMITATION OF LIABILITY
FunnyApps LLC will not be responsible for the inadequate functioning of the Service if this is due to maintenance work, incidents, or problems arising from its ability to support the necessary systems to make use of the service. FunnyApps LLC will adopt appropriate measures to ensure a rapid response, without liability for the delays attributable to telecommunication services.
The user exonerates FunnyApps LLC from any liability arising from interruptions when accessing the mobile APP, driven by causes of greater force or out of its control, such as the modem, the users computer system, the navigation software, interconnections of telephone networks and/or any other transport or telecommunication infrastructure used by the user.
9. DATA PROTECTION
In compliance with the provisions of the General Regulation (EU) 2016/679 On Data Protection (GDPR) and other applicable regulations, we inform the user, that your data collected through the Mobile APP, will be treated by FunnyApps LLC, whose purpose is to be used to be able to provide access to the services and functionalities of the application.
JUASAPP collects the contact information (phone number) in order to let you dial that number. But this information is not stored in JuasApp servers for other reasons than legal requirements as a Telecom Operator that we are. We just store the call detail record for each call made by you in order to comply with the International Telecommunications Rules and also so that you can keep the history of your calls made within the app.
All the information stored in our servers is encrypted and encoded so that only the application manager can see it and use it for the operation of it.
We will keep your data as long as you keep the application and then the necessary time to comply with our legal obligations.
We will not give data to third parties.
Regarding the recordings generated through the Service that are available to the user, FunnyApps LLC will not be responsible for the use, disclosure, modification of the same made by the user.
You can exercise your rights of access to data, rectification, cancellation, deletion, portability and opposition, by letter, addressed to FunnyApps LLC, 2330 Ponce de Leon - Coral Gables, Florida 33134 – United States of America, or by notifying it by sending an e-mail to firstname.lastname@example.org.
10. INTELLECTUAL & INDUSTRIAL PROPERTY
11. APPLICABLE LAW AND JURISDICTION
The present conditions are subject by current US legislation that is applicable.
For the resolution of disputes that may arise as a result of the arrangements in the current provisions, and with expressive waiver to any other jurisdiction that may correspond, the User agrees to submit to the jurisdiction of the Courts of Delaware – US.
12. NULLITY AND INEFFICACY OF THE CLAUSES