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Términos del servicio (borrador)

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Texto del borrador al

La versión en español se publicará después de la revisión legal. Mientras tanto, el borrador sigue abajo en inglés, sin traducir.

Effective date: [INSERT DATE BEFORE PUBLISHING]
Last updated: [INSERT DATE BEFORE PUBLISHING]

Draft status: Requires review by a licensed attorney before publication.

1. Agreement

By downloading, installing, or using Realcaller ("the App"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the App.

These Terms form a legally binding agreement between you and the operator of the App (legal entity not yet decided) ("Realcaller," "we," "us," or "our").

2. The service

Realcaller is a caller identification and spam-reporting application that:

  • Checks incoming phone numbers against a reputation database built from public complaint data and from user reports as they come in.
  • Allows users to voluntarily report spam calls.
  • Provides a local cache of known spam numbers for offline use.

The service is provided on an "as-is" and "as-available" basis. We make no warranty that the service is accurate, complete, or error-free. Caller identification is probabilistic: we may be wrong about any given number.

3. Eligibility

You must be at least 13 years of age (or 16 in the EU) to use the App. By using the App, you represent that you meet this requirement. If you are under the applicable age of majority in your jurisdiction, you may only use the App with the consent of a parent or legal guardian.

4. Acceptable use

You may use the App only for lawful purposes and in accordance with these Terms.

You may NOT:

  • Reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code from the App (except as permitted by applicable law).
  • Scrape, harvest, or systematically extract data from our API or backend.
  • Spoof device identifiers, rotate device UUIDs artificially, or otherwise attempt to circumvent abuse-prevention systems.
  • Submit false or fabricated spam reports, or coordinate mass reports against numbers that are not spam ("report bombing").
  • Use the App or our data to harass, stalk, or identify individuals for unauthorized purposes.
  • Attempt to access our backend infrastructure, databases, or admin endpoints without authorization.
  • Use the App in any manner that could disable, overburden, or impair our servers.
  • Attempt to transmit malware, viruses, or any code of a destructive nature through the App.
  • Violate any applicable law or regulation.

5. Spam reports

Spam reports you submit are contributed to the community database. By submitting a report, you represent that:

  • The reported number genuinely called you or someone you know.
  • Your report reflects your honest belief that the number is spam.
  • You are not submitting reports to harass, defame, or harm a specific individual or business.

We reserve the right to reject, weight, or remove reports at our sole discretion, particularly where abuse is detected.

6. Intellectual property

The App, its codebase, our database schema, scoring algorithms, and all related materials are owned by the operator of the App (legal entity not yet decided) and protected by applicable intellectual property laws.

Community-contributed spam reports are licensed to us under a non-exclusive, worldwide, royalty-free license to use, aggregate, and distribute as part of the service.

7. Third-party services

The App may integrate with or depend on third-party services (e.g., Android telephony APIs, backend infrastructure providers). We are not responsible for the availability, accuracy, or terms of those third-party services.

8. Privacy

Your use of the App is subject to our Privacy Policy, which is currently a draft published on this site. The Privacy Policy is incorporated by reference into these Terms.

9. Disclaimers

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT:

  • The App will be uninterrupted, error-free, or secure.
  • Any specific call will be correctly identified.
  • The spam database is complete or up-to-date.

CALLER IDENTIFICATION IS PROBABILISTIC. WE MAY INCORRECTLY FLAG LEGITIMATE CALLERS OR MISS SPAM CALLERS. YOU AGREE NOT TO RELY SOLELY ON REALCALLER WHEN MAKING DECISIONS ABOUT ANSWERING CALLS.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO: MISSED LEGITIMATE CALLS, INCORRECT SPAM IDENTIFICATION, DATA LOSS, OR BUSINESS INTERRUPTION.

IN ANY CASE, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED AN AMOUNT TO BE DECIDED BEFORE PUBLICATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify and hold harmless Realcaller and its officers, directors, employees, and agents from any claim, demand, damage, or expense (including reasonable attorney's fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any law or third-party rights.

12. Termination

We may suspend or terminate your access to the App at any time, with or without notice, if you violate these Terms or if we discontinue the service. You may stop using the App at any time. Upon termination, the following sections survive: 6 (IP), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law).

13. Governing law and dispute resolution

One of the following options will be chosen before publication:

Option A (Mexico-based operations):
These Terms are governed by the laws of Mexico (Ciudad de México), without regard to conflict-of-law principles. Any dispute shall be resolved by arbitration administered by the Centro de Arbitraje de México (CAM) in accordance with its rules, or by the competent courts of Ciudad de México if arbitration is not available.

Option B (California-based operations):
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles. Any dispute shall be resolved by binding arbitration under the JAMS rules in San Francisco, California, except either party may seek injunctive relief in court.

Both options: Users in the EU retain the right to bring claims before their local courts for consumer protection matters under EU Regulation 2019/1150 (P2B).

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via in-app notification or by updating the "Last updated" date. Continued use after the effective date constitutes your acceptance of the new Terms.

15. Contact

For questions about these Terms: contact address not yet decided.

This Terms of Service document is a draft and requires review by a licensed attorney before publication.