Terms Of Service | callStatic
Company Information
Last Updated: August 20, 2024The services are offered by CALLSTATIC LTD., a private limited company registered in the Republic of Bulgaria with the registration number 207935788. callStatic and its affiliates (“callStatic”, “Platform”, “we”, “our” or “us”) operate the online platform available at callstatic.com and all of its subdomains, where you can purchase our products and services.
Terms Of Use
Last Updated: August 20, 2024The services are offered by CALLSTATIC LTD., a private limited company registered in the Republic of Bulgaria with the registration number 207935788. callStatic and its affiliates (“callStatic”, “Platform”, “we”, “our” or “us”) operate the online platform available at callstatic.com and all of its subdomains, where you can purchase our products and services.
Agreement
- By creating a CallStatic account and utilizing CallStatic Services, you hereby agree to abide by these Terms of Service, Refund Policy, Subscription Policy, and Affiliate Program, collectively forming the legally binding agreement between you and CallStatic ("Agreement").
- This Agreement constitutes the entire understanding between you and CallStatic, governing your CallStatic Services usage, and supersedes any prior agreements concerning CallStatic Services. Additional terms of service may apply when utilizing affiliate or third-party services, third-party content, or third-party software.
- Eligibility: You must be of legal age to enter into this Agreement. If you are under the age of 16 (or below the legal age of your place of residence), you must obtain parental or legal guardian consent to enter into this Agreement.
- By using the CallStatic Services, you affirm that, according to your local jurisdiction, you are of legal age and meet the eligibility criteria to independently enter into this Agreement or have obtained parental or legal guardian consent to do so.
Privacy
We believe in privacy and care not to expose your personal data to third parties. How your personal data is collected, used, and stored when you are using callStatic is explained in our Privacy Policy and Cookie Policy.
CallStatic Intelectual Property
As between you and CallStatic, all rights, title, and interest in the software, algorithms, interfaces, technology, databases, tools, know-how, processes, and methods used to provide CallStatic Products, including patents, copyrights (including rights in modifications, improvements, and derivative works), moral rights, rights of publicity, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the CallStatic.com website and all CallStatic Products (collectively, "CallStatic IP"), are exclusively owned by CallStatic and its licensors. Protected by copyright, trade secret, patent, and other intellectual property laws, all rights in CallStatic IP not expressly granted to you in these Terms of Use are hereby reserved.
If you choose to or are invited to submit comments, suggestions or ideas about improvements to CallStatic or our products or services ("Ideas''), we will presume that your submission was voluntary, unsolicited by us, and delivered without any restrictions on our use of the Idea. You also agree that CallStatic has no fiduciary or any other obligation to you in connection with any Idea you submit, and we are free to use your Ideas without any attribution or compensation to you.
Platform Licensing and Access
- The Platform is a software product providing access to blockchain infrastructure, developer tools, and application programming interfaces (APIs), including affiliate campaigns, updates, patches, bug fixes, and upgrades.
- Solely for the purposes and under the conditions outlined in this Agreement, we grant you a non-exclusive, worldwide, non-transferable, non-sublicensable, and revocable right and license (the “License”): You are granted a limited, revocable, non-exclusive, non-transferable license by CallStatic to access CallStatic.com. This license does not include the right to use any content or information. Additionally, CallStatic grants you a limited, revocable, non-exclusive, non-transferable license to use CallStatic Products, subject to the terms outlined herein. Any unauthorized use by you or any whitelisted user in your project will automatically terminate these permissions and licenses.
- The Services and Software are considered delivered upon providing access for your benefit.
- User restrictions: Under no circumstances shall the User:
- Use the Platform beyond the scope of the rights expressly granted in this Agreement
- Allow unauthorized users access to the Platform
- Reverse engineer, disassemble, decompile, decode, or attempt to gain improper access to any component of the Services
- Modify, adapt, or create derivative works of the Platform or Documentation
- Make copies of the Platform
- Sell, distribute, rent, or lease use of the Services to any third party without written agreement
- Remove or modify any proprietary markings on the Platform or Nodes
- Use the Platform or Nodes in violation of applicable laws or to build competitive products
- Use Confidential Information for competitive analysis or to develop competing products
- Interfere with the integrity or performance of the Services
- Use automated means to access the Platform without permission
- Transmit harmful code or interfere with the Platform's usage or capacity.
Subscriptions
We provide several plans to our users listed on the Platform and accessible thr/ough your Account. You may choose a paid plan that is most suitable for your needs though your Account or option for a subscription when available. The relevant terms, costs, and purchase methods of each plan are specified on the Platform and your Account. The terms and conditions of the subscription plans are set out in the Fees and Payment terms below.
Company Accounts and Teams
CallStatic provides functionality for user role management, enabling you to assign specific roles to team members and specific projects. It's your responsibility to administer these roles diligently, ensuring that only authorized individuals have access to the platform.
To access any CallStatic Products, you or your team members (defined below) must complete the registration process. During registration, you will be required to furnish accurate and current personal information, such as your name and email address. You agree to maintain the confidentiality of any account-related information provided, including usernames and passwords, and to refrain from disclosing such information to third parties. When registering on behalf of an entity, you affirm that you possess the requisite authority to do so.
"Team members" include individuals authorized by you, such as employees, consultants, or agents, to utilize CallStatic Products. You agree not to share your account credentials with unauthorized individuals. You bear full responsibility for all activities conducted under your account, including any purchases made. We reserve the right to terminate your account if deemed necessary. Your use of CallStatic Products implies your acceptance of these terms, whether accessed thr/ough a registered account or otherwise.
Usage Alerts
To ensure you stay informed about your API credit usage referred to as Compute Units, a series of alerts are sent to you. API credits do not carry over and cannot be transferred. During the monthly subscription period, alert notifications will indicate the percentage of API credits consumed. Once your monthly API credits are depleted, daily alerts will notify you of overages, which are not included in the monthly subscription price. It's your responsibility to monitor your monthly usage and overages. Additionally, you can track your usage in real-time thr/ough the user portal.
Billing
Compute Units, APIs and other services are included in your plan, which incurs a monthly fee charged to your selected payment method at the start of the service term. Service terms commence on the date you select your plan and automatically renew monthly until canceled. Overage usage will be billed at the overage rate thr/oughout the service term. All overage charges are your responsibility.
Refunds Unless expressly stated in this Agreement, all Fees are non-refundable and payable in advance. In limited cases, we can offer the refund for our Service. Please refer to our Refund Policy.
Third Party Interactions
The Platform and Website may contain links to third-party websites. These links are provided solely as a convenience to the user and should not be interpreted by us as an endorsement of the content on the individual third-party websites. Any third-party products and services and any terms associated therewith are between Customer and the relevant third parties. callStatic does not support, license, control, endorse or otherwise make any representations or warranties regarding any third-party products or services under this section, and in no event will callStatic have any liability whatsoever in connection therewith.
Warranties and Disclaimer
- Disclaimer. Except where expressly provided otherwise, the platform, their components, any documentation and all content provided on or thr/ough the Website, are provided on an “as is” and “as available” basis. callStatic expressly disclaims all warranties of any kind, whether express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Website and all content provided on or thr/ough the Website.
- Representations and Warranties. callStatic makes no warranty that: (1) The Website or content will meet Customer’s requirements; (2) The Website will be available on an uninterrupted, timely, secure, or error-free basis; (3) The results that may be obtained from the use of the Website or any content provided on or thr/ough the Website will be accurate or reliable; or (4) the quality of any content purchased or obtained by Customer on or though the Website will meet Customer’s expectations. Additionally, Customer represents and warrants to callStatic that (a) Customer has obtained and shall obtain all necessary rights and consents to provide callStatic with the Customer Data including, with respect to any personal information contained therein, the express consent from any applicable individuals to disclose and transfer such information to callStatic for the purposes contemplated herein, and (b) that the Customer Data and the Nodes do not and shall not infringe, misappropriate, or otherwise violate the rights of any third party including, without limitation, intellectual property rights.
- Exclusions and Limitations. Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions, and limitations set forth in these terms of use, including those set forth in section 8 and 10, do not apply and all other terms shall remain in full force and effect.
Indemnification
Customer agrees to indemnify and hold harmless callStatic, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, which include settlements costs and reasonable attorneys’ fees due to or arising out of a third party claim regarding or in connection with (i) Customer’s use or an Authorized Users’ use of the Services or breach of these Terms; (ii) Customer’s Nodes; or (iii) Customer or any of Customer’s Authorized Users’ gross negligence or willful misconduct, to the extent that such liabilities, damages and costs were caused by Customer or its Authorized Users.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BUT ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CALLSTATIC, ITS LICENSORS AND AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF CALLSTATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE WEBSITE; THE COST OF SUBSTITUTE GOODS OR SERVICES; ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THOUGH OR FORM THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSION OR DATA, STATEMENTS OR CONDUCT OF ANYONE RELATED TO THEE SERVICES; THE PERFORMANCE OF NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR ANY PROVIDER OR THIRD PARTY WEBSITE, OR ANY OTHER MATTER RELATING TO THE SERVICES OR THE WEBSITE.
The limitation of liability set above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products Customer purchases thr/ough the Website. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of callstatic.com by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page. Your continued use of our services constitutes your acceptance of updated terms.
Export Controls and Restricted Data
We do not allow customers from sanctioned countries with I.P. addresses originating in the following regions or countries to create accounts or boot endpoints: Cuba, North Korea, Iran, Syria or Crimea. You may not use callstatic.com or purchase any callStatic service in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the callStatic.com or any callStatic Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
As regulations and sanctions may vary by jurisdiction and are subject to change, we strongly advise consulting with your local authorities or legal experts to ensure full compliance with all applicable laws and regulations. It's important to stay informed about any updates or changes in regulations to avoid any potential legal issues.
