Terms of Use
[Last Updated: November 2023]
These Terms of Use ( “Terms”) are a legally binding agreement between L.S. Mobile Apps Holdings. and its corporate affiliates and subsidiaries as may change from time to time (“L.S Mobile”, “we”, “us” or “our”) and you (“User” or “you”) governing the use of our services, and mobile applications (“App(s)”).
You acknowledge and agree that by accessing or using the Services (as defined below) or by installing the App, you are indicating that you have read, understand, and agree to be bound by the Terms and to comply with all applicable laws and regulations. If you do not agree with the Terms, then you must stop accessing or using the Services. The Terms shall govern any and all kind of use and features offered via the Services as may become available from to time to time.
We reserve the right, at our discretion, to revise or update the Terms at any time. Such changes shall be effective upon publication of the amended terms. The last revision will be reflected in the “Last Revised” date above. Please make sure to review the Terms periodically. In the event of a material change we will make best efforts to inform you.
1. ABOUT THE SERVICE
L.S Mobile develops and provides certain Apps which assist Users in managing their contacts by syncing, restoring merging and backing up their contacts: “Caller ID, Phone and Contacts“, “Contacts Manager and Dialer“, “Easy Contacts Backup & Restore“, “Easy Contacts Cleaner“, “Simpler - Contacts Manager“, “Contacts Cleaner“, “Cleaner Pro“, “Easy Backup“, “Easy Backup Pro“. We offer Users different contact management solutions such as: contacts backup & restore, merge duplicates, clean-up, smart dialer, enrichment and additional solutions, features and enhancements as may become available by L.S Mobile from time to time (the "Services").
Please note, that in the case you wish to use our contact address book back-up feature, with exception for the first time you launch the App, you will be required to request to back-up your address book by clicking the “Back-up” button. It is hereby clarified that the app does not provide with automatic back-up except for the first back up that is done when you first launch the App and provide your consent to these Terms.
2. ACCOUNT REGISTRATION AND USE
Please note that any use or access by anyone under the age of 16 is strictly prohibited. By accepting the Terms, you hereby represent that you are at least 16 years or older and that you have the legal capacity to enter this agreement.
You will need to register and create an account if you wish to be able to fully use the Services. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. You may register for an account by using third-party online services: Google, Apple or Facebook.
You are solely responsible for the activity that occurs on your account, and if any unauthorized use of your account has occurred you agree to inform us immediately of such unauthorized use. By accepting the Terms, you represent to us that you are responsible for all activities taking place under your account.
3. PROPRIETARY RIGHTS AND LICENSE
You acknowledge and agree that all our intellectual property rights including but limited to all copyrights, trademarks, patents, icons, logos, characters, layouts, service marks, trade names, software code, trade secrets, buttons, color scheme and graphics are L.S Mobile’s exclusive intellectual property and are all protected by local and international intellectual property laws and treaties including all applicable copyright laws and regulations.
Subject to the terms and conditions of the Terms and your compliance with applicable laws and regulation, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to download and install a copy of the App and the right to use and access the Services on a mobile device that you own or control, in the format of an application solely for your own personal non-commercial purposes. Any right that is not expressly granted to you under these Terms is expressly reserved by L.S Mobile. Except as set forth hereunder, you may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including graphics, video, text, audio, software code, design, logos or user interface from this or any of our Services, without our prior written consent. You hereby warrant and undertake that you will not make any copies of, decompile or disassemble, reverse engineer, modify, adapt, translate, distribute or otherwise transfer, rent, lease, resell, sublicense or otherwise commercially exploit our Services or any part thereof.
4. CALLER ID AND DIALER DATA
When you use any of our Apps that include a smart dialer or caller ID feature you hereby acknowledge and agrees that we will collect the contacts stored in your mobile phone device phonebook (“Contacts Data”). You hereby represent and warrant that you are the owner of your Contacts Data, and that providing us to access your Contacts Data and to use and disclose such Contacts Data to other Users as part of the dialer and caller ID feature. You further represent and warrants that your Contacts Data does not violate any third-party rights, including any privacy rights, or any laws, regulations, or obligations imposed by any third party.
You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to “process” (meaning to perform any activity, including reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, disclose, and otherwise use) your Contact Data, solely to the extent necessary to perform the Services in accordance with our Privacy Policy.
The Contact Data provided by the Users (including, but not only, the contact’s name stored in such User’s contact lists) is determined by such Users, and that we or anyone on our behalf does not control and is not responsible for the above, even if any information was transmitted and provided to their Users by us. For the avoidance of any doubt, we serve solely as a platform enabling Users, inter alia, to manage contact lists, protect from spam calls and knowing how other Users name contacts in their phonebook. Any claim you may have regarding activity of other Users should be addressed to such third party and not to us.
5. APPLICATION AND DATABASE UPDATES
As part from our commitment and obligation to respect the privacy of the data subjects that are stored in our User’s Contact Data and shared with other Users (“Non-Users”) we provide such Non-Users with the ability to opt-out and be deleted from the Contact Data that is shared between our Users. Please note that when using APPLE IOS operational system, the Contact Data is stored on-device and does not update automatically. Thus, when a Non-User request to opt-out, the deletion of the personal data does not automatically update and it requires the User's active action in order to apply such Contact Data updates by launching the App.
YOU HEREBY FURTHER ACKNOWLEDGE AND AGREE THAT THE UPDATE OF THE CONTACT DATA IS SOLELY ON YOUR RESPONSBILITY AND L.S. MOBILE IS NOT LIABLE FOR ANY MISSACCURACY, ERROR OR ANY OTHER DEFECT THAT MAY BE CAUSED WHEN IF YOU ARE NOT ENTERING THE CALLER ID APP. WE HIGHLY RECOMMEND OUR IOS USERS TO LAUNCH THE APP ON A PERIODIC BASIS IN ORDER TO ENSURE THAT THE CONTACT DATA IS UPDATED.
6. USER REPRESENTATIONS AND UNDERTAKINGS
You hereby represent and warrant that any download, installation, use or access you make in connection to App or the Services is your sole responsibility and at your sole risk. Furthermore, you represent and warrant that any use you make of the App or Services shall not constitute or otherwise include any prohibited conduct, such as: any unlawful, illegal, harmful use, including, among others, conduct which breaches applicable laws, regulation, rules, applicable policies and third party rights, deletion or modification of any attributions, legal notices or other proprietary designations or labels on the App or Services or on any third party material contained or otherwise available therein, interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services.
The use of the App or Services shall be made solely in accordance with the Terms, as may be amended from time to time, and solely for the purposes stipulated therein. Restriction on Use. You may not use the Services in any manner that could impair, disrupt, disable or damage the Services, or interfere with any other party’s use and enjoyment of the App or Services; including by (a) interfering with or damaging any server, equipment or network connected to or used to provide any of the App or Services, or breaching any applicable laws, regulations, rules or terms of service of any server, equipment or network; (b) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our Services or infrastructure; (c) uploading invalid data, viruses, worms, malicious code or other software agents through the App or Services; (d) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (e) interfering with the proper working of the Services; (f) bypassing the measures we may use to prevent or restrict access to the App or Services; (g) create a database by systematically downloading and storing all or any content from the Services; or (h) use the Services for any illegal or unauthorized purpose, encourage criminal behavior or conduct that would constitute a criminal offense under any applicable law, or could give rise to civil liability or other lawsuit. Upon termination of the Terms for any reason, you continue to be bound by the foregoing restrictions on use with respect to the App and Services.
7. WARRANTY DISCLAIMERS
EXCEPT AS EXPLICITLY PROVIDED IN THIS EULA, THE APP INCLUDING ANY MATERIALS, DATA, CODE OR TECHNOLOGY THEREIN IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITATED TO, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF USAGE OR DEALING OF MARKETABILITY, TRADE, SUITABILITY, INCOMPLETENESS OR APPLICABILITY. WE PROVIDE NO REPRESENTATION OR WARRANTIES THAT THE APP AND ANY OF THE TECHNOLOGY ARE OR WILL BE AVAILABLE FOR USE AT ANY SPECIFIC TIME OR IN ANY PARTICULAR LOCATION. THE USE OF THE SOFTWARE AND ANY OF THE TECHNOLOGY IS AT USER OWN RISK AND RESPONSIBILITY. WHEN APPLICABLE LAW NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THE EXTENT SUCH EXCLUSIONS MAY NOT APPLY.
8. LIMITATION OF LIABILITY
L.S MOBILE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE APP OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE; BUSINESS INTERRUPTION OR WORK STOPPAGE; COMPUTER FAILURE OR MALFUNCTION; LOSS OF BUSINESS INFORMATION, DATA OR DATA USE; LOSS OF GOODWILL; DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF HITBTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, L.S MOBILE’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE APP OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT OF US$250. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. PRIVACY
L.S Mobile cares about your privacy and wishes to protect your privacy. In accordance, you may be asked to submit or enable the transmission of certain personal information, which may be required for the operability of our App or Services. To the extent you choose to use or access certain features of the App or Services you hereby expressly agree to the collection, transmission, storage or processing of such personal information as set forth in our Privacy Policy and CCPA Notice (for California Residents under the California Consumer Privacy Act of 2018).
10. UPDATES AND MODIFICATIONS
At any time, at our sole discretion and without providing any notification (prior or otherwise) we will be entitled to update, modify, revise, or change any component, features and functionality of the App. Please note that, following installation of the App, we request automatic updates when we release a new version, you hereby agree to the automatic download and install of such updates. Notwithstanding the aforesaid, we have no obligation to provide upgrades or updates.
11.TERMINATION
L.S Mobile reserves the right to cancel your access to the Services or terminate your account, at our sole consideration, at any time and for any reason, with or without notice to you, unless you upgraded to a premium (paid) account. If you choose to cancel your account and delete your data, you can do so at any time by sending us an email to: privacy@lsmapps.com.
12. INDEMNITY
You agree to defend, indemnify and hold harmless L.S Mobile, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App or Services; (ii) any breach of the term of the Terms by you; (iii) your infringement of any third party rights, including, among others, any copyright, intellectual property right or privacy right; or (iv) any claim that one of your act or omission caused damage to a third party; (v) your breach of any law, rule or regulation as applicable to you in connection with the App or Services; (v any other party’s access and use of the Services with your unique username, password or other appropriate security code.
13. GOVERNING LAW
The Terms shall be governed by the laws of the State of Israel, without respect to its conflict of laws principles, and notwithstanding the jurisdiction where you are based. You irrevocably submit to the exclusive jurisdiction of the competent courts in Israel to settle any dispute which may arise out of, under, or in connection with the Terms. The place of performance shall be in Israel. We provide no warranty or guarantee that the Services or information available on it complies with laws other than those of Israel.
14. MISCELLANEOUS
Severability. Should any one or more of the provisions of the Terms be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired by such determination and will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
Waiver. A delay or omission by either party to exercise any right under the Terms shall not be construed to be a waiver of such right. A waiver by either party of any of the performance provisions of the Terms or any breach with respect to such performance shall not be construed to be a waiver of any succeeding performance or breach.
Assignment. L.S Mobile reserves the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, in the event of a merger, sale of assets or other similar corporate transaction in which L.S Mobile App may be involved in.
You may not transfer, assign, sublicense or pledge any of your or your rights or obligations under the Terms without L.S Mobile App’s prior written approval.
Force Majeure. L.S Mobile will not be liable for any delay or failure to perform the Services if and to the extent that such delay or failure to perform is caused or otherwise brought about by circumstances beyond L.S Mobile App’s reasonable control, including strikes, lockouts, labor troubles, restrictive government or judicial orders or decrees, riots, insurrection, war, terrorism, Acts of God, and/or inclement weather, which L.S Mobile App is unable to prevent by the exercise of reasonable due diligence.
Entire Agreement. The Terms, together with any other legal notices, exhibits and agreements published by L.S Mobile via the Services, shall constitute the entire agreement between you and L.S Mobile concerning the Services.
Signature Waiver. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
15. CONTACT US
If you have any questions regarding the Terms, you may contact us at: privacy@lsmapps.com