Terms of Service

Message Checker Terms of Service

Please read these terms and conditions carefully, because these will regulate your legal relationship with the “company” as a result of the use of the “Message Checker application”.

The Terms of Service shown here (hereinafter referred to as the “Terms of Service”) are intended to manage your login and access to the website (hereinafter referred to as the “Website”) operated by WHOSCALL JAPAN Co., Ltd. (hereinafter referred to as the “Company”), any data, text, charts or other materials shown on the Website, or any information made available by the Company (hereinafter referred to as the “Message Checker Contents”), and any service or software released by the “Company” (hereinafter referred to as the “Message Checker Service”, including but not limited to, the “Message Checker Applications”, and any service or software released by the “Company” under the name of Message Checker).

Foreword

The using of the “Message Checker service” may only be performed by a natural person that is absolutely able to exercise personally the acts of civil life, under the terms of current legislation. You, in the event of your use of the “Message Checker service”, declare and guarantee, expressly and without reservation, to have legal ability for the purposes of that term of use, and that all information provided by you is true and updated.

Before using the Message Checker, please understand that “Message Checker Service” is dedicated to searching the information from the following sources: the public information on the Internet or licensed by any other public databases. Also, the “Company” will not represent or warrant the accuracy of the contents including but not limited to information, fact or crypto address checking fed by “Message Checker Service”. You shall judge the accuracy and reliability thereof independently, without crediting any responsibility for its verification to the “Company”.

Meanwhile, the “Company” makes no warranty toward the following situations: (1) Message Checker service meets your need; (2) Message Checker service will be non-interrupted, timely, safe and/or reliable or error-free when providing any information; (3) the result accessed via Message Checker Service is correct and/or reliable; (4) any service, information or other information accessed via Message Checker Service meets your expectation.

You shall also undertake that you will not engage in the following activities via the Message Checker service: (1) distribution of any rumors or assumptions, or fabrication of any false statement; (2) offensive statement, fabrication of story to defame or insult another person, or infringement upon another person’s reputation; (3) any statement inciting ethnic consciousness or instigation of offensive and abusive statement, violence, offenses, abuses, discrimination of any kind, including race, creed or sexuality; (4) any other overly disputable statement, from a legal, moral or social point of view.

Please read the following Term of Service carefully. The Term of Service grant us certain rights and also describe how you may manage the information you shown to others via the “Website”, “Message Checker Contents” and Message Checker Service”. Meanwhile, please also view the Privacy Policy at our site https://Messagecheckerapp.com/en-US/support/privacy/ to verify the “Company” messages and indications about collection and use of your personal data.

The Term of Service expressly defines how you may log in and access the “Website”, “Message Checker Contents” and “Message Checker Service”. Your login and access to the “Website”, “Message Checker Contents” and “Message Checker Service” constitute your consent to the Service and Conditions, irrelevant with whether you are a “member” or “non-registered user”, or only a “visitor” to the “Website” (hereinafter referred to as the “Message Checker Visitor”).

The “Site” and the “Message Checker Service” are made available to you as a “Message Checker User”, provided that you accept all rights, obligations, conditions, policies and notices expressed and stated in these Terms of Service and in the Privacy Policy https://Messagecheckerapp.com/en-US/support/privacy/ . Your use of the “Site” and the “Message Checker Service” implies, in accordance with these Terms of Service, unconditional acceptance, without any exception, of these Terms of Service, which shall be applicable from your first day of use of the “Site” and/or the “Message Checker Service”.

“Company” reserves the right to modify, add or delete parts of these Terms of Service at any time and for any purpose. “Company” shall take the necessary steps, whenever possible, to notify you, as “Message Checker User”, of any changes to these Terms of Service and the Privacy Policy. However, you are responsible for reviewing these Terms of Service and the Privacy Policy from time to time to be aware of any adjustments made.

If you violate these Terms of Service, Company may, in its sole discretion: (1) notify you of the violation through your contacts registered on the “Site”, so that you cease the violation; (2) suspend your use of the “Site” and the “Message Checker Service”; or (3) terminate your access to the “Site” and the “Message Checker Service”, notwithstanding any applicable contractual or legal measures. You are aware that “Company” may, at any time, cancel your access to the “Site” and the “Message Checker Service”, even if for no apparent reason, and notwithstanding any communication or prior notice, and such cancellation shall not entitle the “Message Checker User” to any payment, indemnity and/or compensation.

Definition

In order to expressly define the contents and scope of the Message Checker Service, the following specific terms, singular and plural, shall have the following specific meaning:

“Member (or registered user)” means any Message Checker user who has submitted the “Website” or the “Company” any data sufficient to identify him personally, including but not limited to email account.

“Non-registered user” means any Message Checker user who receives the “Message Checker Service” but fails to submit his personal data for registration purposes.

The “Member” or “Non-registered User” who receives the Message Checker Service is hereinafter collectively referred to as the “Message Checker User”. Any third party who visits the “Message Checker User” via communication is hereinafter referred to as the “Message Checker Visitor”.

“User Data” means the data you, as “Message Checker User”, choose to upload to the “Message Checker Service”, including the “Personal Data”, namely, the data or information generated in the process of your use of “Message Checker Service” (including but not limited to search results an search logs et al. generated via the “Message Checker Service”, and the personal information and private messages that you submit or respond to the Company or the “Message Checker Service” in “Report” or other transmission function).

“Personal Data” include but are not limited to, name of the “Member” and email address provided by “Member”. Notwithstanding, if the “Non-identifiable Data” may be combined in the manner sufficient to identify your ID directly or indirectly (e.g. combination of your street number and postal code), the relevant data will be identified as a part of your “Personal Data”.

“Third Party Database” means the pubic database or private database controlled, managed or maintained by a third party, and the “Company” might access the database to provide the “Message Checker User” with related services.

“Search Engine Database” means the public on- search engine controlled, managed or maintained by a third party, and the “Company” might access the public data obtained by the search engine to provide the “Message Checker User” with related services.

“User Generated Content” means the data fed back or identified by a registered user, and any information classified, analyzed information via technical identification or statistics, including but not limited to, “User Generated Information” and “User Generated Alert Information”.

“Run” means download, installation and activation of the “Message Checker Applications” to use the functions made available by the Message Checker Service.

“Legal Basis for Treatment”. The processing of “Personal Data” is permitted by the General Data Protection Law, Law No. 13.709/2018, As amended by Law No. 13,853/2019 (“LGPD”) in accordance with the legal bases provided for, such as the consent of the holder (“User”), the fulfillment of obligations legal and/or regulatory by the “Company”, the existence of a contractual relationship between the “User” and the “Company”, as well as legitimate interests of the “User” and the “Company”. “Treatment” means any operation performed with “Personal Data”, such as: collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, disposal, evaluation, information control, communication, transfer, diffusion, or extraction.

The above definitions do not affect the definitions of other words, expressions and terms that are used in these Terms of Service. The headings of the Sections of these Terms of Service are for convenience only and shall not be used to interpret the content described therein.

1. Membership and Qualifications

If you are not a “Member”, you may view the “Website” and access the “Message Checker Applications”, or certain contents or functions made available to users not limited to the “Member” by the “Message Checker Service”.

The “Member” may register to the “Site” and the “Message Checker Service” through one of the alternatives provided by such systems, such as the linking of his/her social network or e-mail account. Upon registration, the “Member” agrees that the “Personal Data” provided by him/her shall be stored and processed in the “Company” database and may be disclosed to public authorities, when duly requested, in accordance with the Privacy Policy (https://Messagecheckerapp.com/en-US/support/privacy/).

If your mobile phone installs the “Message Checker Applications” and activates the same, you may access the applications as a “Member or “Non-registered User”. If you submit your personal identifiable data to the system, the “Company” will create the link between you and the data automatically. Except under the Term of Service herein and the “Company” Privacy Policy, the “Company” will never share your information with any third party intentionally without your express permission. The access authority you granted to the “Company” will be under your control, as you may delete your “User Data” from “Message Checker Service” at any time. (For more information about termination of the “Message Checker Service”, please refer to Section 14 herein.)

You acknowledge to have the electronic equipment and to ensure the provision of the services that enable the access to the internet and the installation of the “Message Checker Application” on your mobile phone, if necessary, thus enabling the use of the “Message Checker Service”, further acknowledging that you shall be, solely and exclusively, liable for all costs and expenses necessary to have internet access and to use the “Message Checker Service”.

2. Message Checker Applications

According to the Term of Service herein, the “Company” agrees to grant you a non-exclusive and non-transferrable license to run the “Message Checker Applications” on the mobile phone which you are approved to own and use, in order to enable you to use the “Message Checker Service”. Said license does not grant you the right to install and use the “Message Checker Applications” on any mobile phone which is not owned by you or licensed to you. The “Company” shall reserve the rights in the “Message Checker Applications” which are not expressly granted to you under the Term of Service. For the purpose of the Term of Service herein, the duplicate of the “Message Checker Applications” used by you has been licensed by the “Company”, provided that you shall not sell, transfer, or use for any commercial purposes, the duplicate. You own the mobile phone in which the “Message Checker Applications” are downloaded. Notwithstanding, the ownership of the duplicate of “Message Checker Applications” shall still remain vested in the “Company”, including any intellectual property rights therein.

You acknowledge that the “Company” is entitled to develop and release any upgrade of the “Message Checker Applications” and to upgrade the applications automatically or in electronic form. You acknowledge and agree the adequacy and validity of the upgrade of “Message Checker Applications” made by the “Company” in your mobile phone, and also agree not to make any claims against the “Company” with respect to the relevant upgrade policy. You acknowledge that the “Service Term of Service” will be applicable to any upgrade of the “Message Checker Applications”, unless the upgrade shall be subject to a license separately.

“Company” reserves all rights not expressly licensed to “Message Checker User” under these Terms of Service or as a result of his/her use of the “Message Checker Application” and/or “Message Checker Service”. You acknowledge that the “Message Checker Application” and the “Message Checker Service” include content owned by and/or licensed to “Company”. “Company” owns and holds all rights to the sale and distribution of the “Message Checker Application” and the “Message Checker Service”.

If you destroy or delete the duplicate of any “Message Checker Applications” owned or controlled by you, you terminate the license granted by the “Company” to you to use the “Message Checker Applications”. If you breach the Company's and/or any third party’s intellectual property, industrial or software rights, as well as any provision in these Terms of Service or Privacy Policy, “Company” may, notwithstanding the applicable legal measures, automatically cancel and terminate the license granted to you, notwithstanding any prior notice by Company.

You acknowledge that the “Message Checker Application” and the “Message Checker Service” are the result of a substantial investment and the originality of “Company” with respect to their analysis, selection, coordination and presentation. Thus, “Company” would suffer irreparable damages, which could not be easily compensated financially should you breach Company’s intellectual property rights and copyrights, and you hereby acknowledge and allow the granting of any applicable precautionary measure to ensure compliance with such rights of “Company”.

3. License and collection

You acknowledge and agree that the “Company” also may collect a series of information automatically, such as: characteristics of the access device, browser, IP (with date and time), IP origin, information on clicks, webpages accessed, the following webpages accessed after the exit of the webpages, or any search term entered on the “Websites” or about these, among others. For such collection, the “Company” will use some standard technologies, such as cookies, pixel tags, beacons, and local shared objects, which are used with the purpose of improving the “User” browsing experience, according to their habits and your preferences.

You acknowledge and agree that you own all necessary rights in the “User Data” you make available via the “Website” or “Message Checker Service”. Therefore, you represent and warrant that: (i) according to the Service and Terms herein, you own the necessary title and rights to permit, consent and assign sufficient to grant the “Company” the rights to use the “User Data”; and (ii) the “User Data” per se and the “User Data” used by you to post, upload, publish, submit or transmit the “User Data” or “Message Checker Service” on or via the “Website” and “Message Checker Service” shall be free from infringing, misappropriating or violating any third party’s patent right, copyright, trademark right, trade secrets or other intellectual property rights, or infringing the data owner’s privacy or other rights, or violating any laws or regulations.

The search logs performed in the Message Checker Service in the “User Data” are all intended to optimize your experience in using the “Message Checker Service”. Please note that when you start to access and use the “Message Checker Service”, the “Message Checker Service” will record and feed back to you the search logs about presented by the system or manual search through the “Message Checker Database”, including length of access.

If you breach said warranties and thereby cause a third party to initiate a claim or opposition action against the “Company” or you, you shall bear the related legal liability and indemnify the “Company” against all losses and damagens suffered by the “Company” therefor.

4. Automatic Fact Checking

The "Automatic fact check" is a functionality inherent to the "Message Checker Application" and the "Message Checker Service", which allows the "Message Checker User" to be automatically informed about the veracity of the content checked based on a search in the database. The Data from the “Company”, “Third Party Database” and the “Database Search Engine”. Information on the verified text will only be communicated if it appears in any of the above-mentioned databases, and there is no guarantee from the “Company” that said data will be found and/or will be accurate and adequate.

5."Fact checking through user search"

"Fact checking by user search" is a functionality inherent to the "Message Checker Application" and the "Message Checker Service", which allows the "Message Checker User" to perform searches on the veracity of content based on a bank search “Company”, “Third Party Database” and the “Database Search Engine”. Information on the verified text will only be communicated if it appears in any of the above-mentioned databases, and there is no guarantee from the “Company” that said data will be found and/or will be accurate and adequate.

6. New Functionalities

“Company” may create and implement new functionalities for the “Message Checker Application” or the “Message Checker Service”, which shall comply with the provisions of these Terms of Service, notwithstanding any adjustment to their text. “Company” reserves the right to make such new functionalities available for a fee or free of charge, at its sole discretion and convenience.

7. Request for modification or rectification of "Third Party Database" information:

The "Company" does not have control over the "Third Party Database", therefore, the related information will not be changed, rectified or deleted from the "Third Party Database", simply based on the request for rectification of information submitted by you to the “Message Checker Service”. Requests for modification, rectification or deletion of information must be made directly to the original holder of the Database.

Should you have any questions about said approach to identify the call information disclosure, please contact “Message Checker” data processing center at privacy@gogolook.com. Please note that submission of the “request for modifying or hiding information” does not represent that your phone number will be modified or deleted from the “Company’s” all databases and/or “Third Party Data Base”. For example, the “Company” will reserve the information to meet your request. Please note that the “Company” reserves the ultimate right to decide and accept the way to process said information.

8. Modification

The “Company” reserves the right to modify, change, discontinue or terminate the “Website” or “Message Checker Service” or to modify the Term of Service at any time at its sole discretion. If the “Company” modifies the Term of Service herein, we will post the modification on the “Website” or notify you of the same via email, and will also upload the “Date of Update” to the Website homepage. If you continue to log in or access the “Website” or “Message Checker Service” after the “Company” posts the modification on the “Website” or notify the same to you, you agree to accept the modified Term of Service. If you disagree with the modified Term of Service, you should cease to access the “Website” and “Message Checker Service” immediately.

The modified Terms of Service shall come into force at the time of their publication, or on the date established in the modified Terms of Service, and shall apply to the use of the “Site” and the “Message Checker Service” by the “Message Checker User” as of the effective date thereof.

You agree that you should periodically review these Terms of Service to be aware of any adjustments made, and you undertake to read any messages that “Company” may send you by e-mail or through the “Message Checker Service” regarding any changes to these Terms of Service.

9. Bill and fee

The “Message Checker Service” is free for all users.

We reserve the right to modify, change, interrupt or terminate the Service or release the Service of different contents and versions, from time to time and with reasons.

You hereby declare that you are the owner or licensee of the wireless device used for the access to “Message Checker Applications”. You acknowledge and agree that when using “Message Checker Service” or other additional services, the sending of messages and data transfer rate from your “Mobile Service Provider” might incur additional fees.

10. Termination

If you breach any provision herein or in the Privacy Policy (https://messagecheckerapp.com/en-US/support/privacy/), the “Company” shall be entitled to terminate your authority to access or log in the “Website”, “Message Checker Contents” and “Message Checker Service” and any additional services. If it is the case, the “Company” will cease to use the “User Data” provided by you immediately. the “Company” reserves the right to change or revoke your login and access to the “Website”, “Message Checker Contents” and “Message Checker Service” and any additional services, or suspend the “Message Checker Service” from using your “User Data” in whole or in part, at any time without notice. Unless otherwise provided herein, if you breach the “Terms of Service” and thereby cause the “Company” to terminate or revoke your authority of access to the “Website”, “Message Checker Contents” and “Message Checker Service”, you shall bear all of the payments to be made pursuant to the “Terms of Service” or the “Company” charge policy.

You may cease to use the “Message Checker Applications” at any time. If you only delete the “Message Checker Application” from your mobile phone, your “user information” will not be deleted from the “Website” or “Message Checker Service” therefor, because when you delete the application from your mobile phone, the “Company” will not receive any notice about your action. Therefore, deletion of the “Message Checker Applications” cannot afford to represent that you have ceased to use the “Website” or “Message Checker Applications”. Where a “Registered User” wishes to remove his “User Data”, he/she shall remove the same via the “Deletion of Account” function in the “Message Checker Applications” on the “Site” or other medium made available through the “Message Checker Service”, provided that paid users will not be refunded for any prepayment made before the deletion.

11. Message Checker property

The ownership, title and interest in the “Website”, “Message Checker Contents” and “Message Checker Service” shall be the exclusive property vested in the “Company” and its licensor, now and in the future. The “Website”, “Message Checker Contents” and “Message Checker Service” and other additional services of the “Company” are protected by the laws of the Republic of China and Japan, as well as by Brazilian laws, in particular Laws 9,279/1996 (The Industrial Property Act), 9,609/1998 (on Protection of Intellectual Property of Software) and 9,610/1998 (Amandment 12,853/2013, Copyrights), regarding patent right, copyright, software, trademark right, intellectual property, and other related rights. Unless otherwise provided herein, you may not reproduce, disseminate, modify, adapt, compile, authorize, perform, issue, sell, license, transfer, commercially explore, non-commcercially explore, display publicly, transmit publicly, produce derivative works of, or use in any other manners the “Website”, “Message Checker Contents” and “Message Checker Service” and other additional services of the” Company “, other than for the purpose set forth in this Term of Use.. You may not use the “Website”, “Message Checker Contents”, “Message Checker Service” and other additional services of the “Company” on any other websites for any purposes, or link said contents with those websites. The “User Data” excludes the contents, complaints, comments or remarks you contribute to the “Website” or any other websites operated by the “Company”. If you submit or release any messages or comments in electronic form via the “Message Checker Service”, you automatically agree to grant the “Company” a global, non-exclusive, royalty-free, sub-licensable and transferable license, with respect to the messages and comments, to utilize, reproduce, disseminate, modify, adapt, compile, authorize, perform, publish, release, transfer, communicate, display publicly, transmit publicly, produce derivative works of, or use in any other manners your “messages”, including for advertising purposes, even in derivative works, in any form or medium, such as printed media, radio, television, internet and others that may be created or with any technology, existing now or to be developed in the future. Further, you agree to waiver your economic right on said messages and comments. To comply with the laws, the “Company” shall be entitled to compile or delete the messages or comments, in whole or in part, provided that the “Company” shall not be obligated to monitor or review any person’s comments. the “Company” shall not be liable for accuracy, completeness, adequacy, validity or fitness of the contents or messages provided by you or any other persons. Meanwhile, the “Company” will not endorse, approve, support, encourage, confirm, or agree to, any messages or comments submitted by another person. The relevant legal liability thereof shall be borne by you or the person who submits the messages or comments solely.

The trademarks, service marks, logos and distinctive signs displayed on the “Site” and the “Message Checker Service” constitute the intellectual and industrial property of Company, even if not registered (hereinafter simply referred to as “Marks”). All Marks are the property of “Company” and therefore may not be used by the “Message Checker User” without the express and prior consent of Company. Nothing in these Terms of Service, the “Site” and the “Message Checker Service” shall be deemed to grant, as a result of implication, preclusion, or otherwise, any license or right to “Message Checker User” to use, reproduce and/or appropriate any of Company’s Marks, in whole or in part.

12. Prohibitions

You agree not to engage in any of the following activities when you access or log in the “Website”, “Message Checker Contents” and “Message Checker Service” or “User Data”:

1. Post, release or transmit the text, pictures or data which (i) are false or misleading, (ii) are acusatórias, injuriosas, caluniosas ou libelous; (iii) infringe another person’s privacy; (iv) are obscene, pornographic or offensive; (v) promotes bias, racial, religious or sexual discrimination or hatred, or causes hazard to any individual or group; (vi) infringe another person’s right, including but not limited to, intellectual property rights, industrial property rights, , moral or image rights; (vii) violate any applicable laws or regulations, or encourage any potential violations, or constitute any act subject to a civil action; (viii) exploit, harm or threaten children, adolescents and/or any third party; or (ix) introduce and/or modify advertising messages linked to products or services of “Company” or any third party.

2. Log in, interrupt or access the “Website”, the “Company” computer system, or the non-disclosure areas in the systems of the “Company” and its suppliers;

3. Attempt to explore, detect or test the possibility for hacking any system or network, or enforce any measures against safety or identity certification;

4. Use any search engine, software, tool, medium, device or mechanism other than the software or search engine provided by the “Company” or a third party webpage browser accepted by the “Company” (e.g. Google Chrome or Microsoft Internet Explore), in an attempt to log in, search or access the “Website”, “Message Checker Contents” and “Message Checker Service” or “User Data”;

5. Send unknown emails or spam mails, or send advertising emails, chain letters, or messages about product or service promotional campaigns or advertisements without prior consent from the “Company”;

6. Post or forge any TCP/IP packet header or a part thereof in any email or press release, or use the “Website”, “Message Checker Contents” and “Message Checker Service” or “User Data” in any manner to send unauthorized and altered, fraudulent or false source of identifiable information;

7. Attempt to decode, disassemble, decompile, or perform reverse engineering on, any software applied to provide the access to the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service or “User Data”;

8. Reproduce (other than download or installation) or modify the “Message Checker Applications”, including but not limited to, add new functions or adapt the applications in any other manners to change the operation of “Message Checker Applications”;

9. Transfer, sub-license, lease or lend, or distribute in any other manners, the “Message Checker Applications” to any third party;

10. Make the functions of “Message Checker Applications” available to another person in any manners, including but not limited to, uploading the “Message Checker Applications” to any network or file sharing service, or via any host, application service provider, service entity, Saas or any other services;

11. Interrupt or attempt to intervene the access of any “Message Checker Service User” , host or network, including but not limited to, distributing virus, overloading, abusing, or sending spam mails to the “Website”; or

12. Misstate or misrepresent that you have any relationship with any person or entity.

Said activities are held suspected of infringing IPR and network safety issues. the “Company” shall be entitled to and will conduct investigation and initiate a legal action pursuant to laws. the “Company” will work with the competent law-enforcing authority to pursue any person who breaches the “Service Term of Service” or laws. You acknowledge that the “Company” shall not be obligated to monitor your login or access to the “Website”, “Message Checker Contents” and “Message Checker Service” or “User Data”. For the operation of the “Website”, the “Company” shall be entitled to take any relevant actions to ensure your compliance with the “Service Term of Service”, or other laws and regulations, or any order from courts, administrative authorities or other government authorities.

13. Feedback

The “Company” encourages the “Member” to evaluate and test the “Website”, “Message Checker Contents” and “Message Checker Service”, and to provide the “Company” with any feedback, comment and suggestion. You irrevocably grant the “Company” a non-exclusive, sub-licensable, royalty-free, irrevocable, irreversible, unrestricted and permanent license to produce, use, sell, reproduce, modify, issue and run the feedback, comment and suggestion provided by you. Pursuant to the “Service Term of Service”, no right or approval in the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service will be granted to you by said license.

You acknowledge and agree that you should not expect any compensation or confidentiality of any kind regarding your feedback, comments or suggestions, and Company shall have no duty to maintain any confidentiality and/or restrict access.

14. Link

The “Website” might incorporate the links with a third party website or any other source of information. You acknowledge and agree that the “Company” shall not be liable for the following: (1) availability or accuracy of any website or source of information other than the “Website”; or (ii) contents, products or services of any website or source of information other than the “Website”.

The service made available by the “Website” to access any website or source of information other than the “Website”, if any, shall not constitute the “Company” warranty towards the contents, products or services made available by any website or source of information other than the “Website”. You hereby acknowledge that you shall be liable for your use of any website or source of information other than the “Website” even though accessed through a link provided on the “Website”, in addition to any risk arising therefrom, solely.

15. Use at your own risk

The “Site”, “Message Checker Contents”, “User Data”, “Message Checker Service” or any other additional service are being and will be continuously developed and may contain errors. Therefore, their use is provided “as is”, “with failures” and “subject to availability”, and, thus, the “Message Checker User” shall be fully responsible for their use.

You shall bear any risk potentially arising from your login and access to the “Website”, “Message Checker Contents” and “Message Checker Service” or “User Data”. the “Company” will not be liable for any damage, loss of data or other losses caused to your computer systems or mobile devices by your login or access to the “Website”, “Message Checker Contents” and “Message Checker Service” or “User Data”. When you start to use the “Message Checker Service”, You agree the “Company” has rights to search your “Caller ID” and “User Data”, including but not limited to, under the permission from a third party supplier and mobile service operator.

You acknowledge and agree that you shall not rely on the “Website”, “Message Checker Contents” and “Message Checker Service” or “User Data” with any causes to make any decision. You also acknowledge and agree that you shall be responsible for maintenance, backup and protection of your “User Data” with full power.

16. Disclaimer

The “Company” will use the contents of the “Website”, “Message Checker Contents” and “Message Checker Service” as “it is”, without any express or implicit warranties or conditions. You expressly acknowledge and agree that you shall use the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service or “User Data” at your own risk, including satisfactory quality, performance, accuracy and effort thereof. Without limiting the foregoing, you expressly disclaim any warranties of the “Company” towards the merchantability or fitness, accuracy, non-interruption or non-infringement of the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service or “User Data”, and also any warranties and conditions of the “Company” towards the process or purpose of transactions.

The “Company” will not make any warranties towards non-interruption of the “Website”, “Message Checker Contents” and “Message Checker Service”, or the compliance of the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service or “User Data” with your requirements, or a non-interrupted, safe or error-free service environment, and rectification of relevant defects.

“Company” also makes no warranties towards the quality of any product, service or data accessed via the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service, or accuracy, timeliness, authenticity, completeness or reliability of any data accessed via the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service or “User Data”.

Unless otherwise expressly provided herein, any suggestions or data, verbal or written, accessed by you from the “Company” or via the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service or “User Data” will not constitute any warranties. If the service is proven to be defective, you shall bear all expenses related to the maintenance, repairing or correction as required.

You should be aware that the “Message Checker Applications” and the “Message Checker Service” generally rely on Internet access for their functionalities to be activated, so the lack of access to the Internet can lead to the unavailability of the “Message Checker Service” or the functionality of the “Message Checker Applications”, and you, as “Message Checker User”, shall be solely responsible for ensuring access to the Internet.

Rights and duties set forth in this Section 21 shall remain in force for an indefinite period of time, even after the termination of these Terms of Service and the cancelling of the “Message Checker Service” by the “Message Checker User” for any reason.

Although the “Company” uses security measures and monitors its systems to check for vulnerabilities and attacks to protect the “Personal Data” against unauthorized disclosure, misuse or alteration, the “User” understands and agrees that there is no guarantee that the information they may not be accessed, disclosed, altered, or destroyed for violation of any of the physical, technical or administrative protections.

17. Indemnity

You shall indemnify and keep the “Company” and its directors, supervisors, managers, employees and agents harmless against any damages and expenses incurred by a third party’s claim, demand, dispute, obligation, damage, loss and expenditure resulting from your login or access to the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service or “User Data” provided by you, or from your breach of the “Service Term of Service”or Privacy Policy (https://messagecheckerapp.com/en-US/support/privacy/), including but not limited to, all reasonable and dully evidenced legal and accounting expenses, especially when they result from: (1) Any information (including but not limited to your opinion, feedback or any other content) that you (or the person accessing your account) submit, release, disclose or transmit through the “Site” or the “Message Checker Service”; (2) Your (or the person accessing your account) access to the “Site” or the “Message Checker Service”; (3) Violation of the Terms of Service by you (or the person accessing your account); and (4) Violation of the rights of any other individuals or entities, by you (or the person accessing your account), including, but not limited to, copyrights, patents, trademarks, trade secrets or any other rights held by any other individual or legal entity.

You agree and acknowledge that if you cause or are responsible for the cause of the technical interruption of the “Message Checker Service”, albeit unintentionally, but in an attempt to violate or breach the obligations set forth in these Terms of Service, you shall be liable for all damages and losses arising therefrom, including, but not limited to, any damages, costs, losses, liabilities and expenses, including reasonable representation fees and court costs, duly substantiated, arising out of or resulting from such interruption. “Company” reserves the right, at its own expense, to handle the exclusive defense and control of any claim that is in any way subject to indemnification by and liability of the “Message Checker User”. In such case, the “Message Checker User” agrees to cooperate with “Company” in its defense and shall deliver all necessary information and clarifications, providing “Company” with documents and evidence of the alleged facts.

Rights and duties set forth in this Section 22 shall remain in force for an indefinite period of time, even after the termination of these Terms of Service and the cancelling of the “Message Checker Service” by the “Message Checker User” for any reason.

18. Limitation of liability

To the extent permitted by applicable laws, the “Company” will not be liable for any personal injury, or incidental, special, consequential or punitive damages, including but not limited to, any loss of profit, loss of data, interruption of business or other business impairment or loss caused by your access to or failure to access the “Message Checker Applications”, or the same caused by your login/access to or failure to access/log in the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service, irrelevant with whether it is based guarantee, contract, tort or any other legal requirements, or whether the “Company” has been advised of the possibility of such injury or damages.

You acknowledge that the “Company” shall not be liable for the following damages: (1) another member’s or a third party’s libelous, offensive or illegal activity, and any damages caused therefrom shall be borne by you; (2) any third party’s contents uploaded to or downloaded from the “Website”, or via the “Message Checker Service”; (3) any damages caused by the access to your “Caller ID”; or (4) any dispute or effect arising between you and a third party from your access to the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service; (5) any action or measure taken or not in view of the information provided, posted or submitted by the “Message Checker User” through or as a result of the “Message Checker Service”; (6) delay or inability to use the “Message Checker Service”; and/or (7) removal or deletion of any parts or applications of the “Message Checker Application” or “Message Checker Service”, whether based on contract, torts, strict liability or otherwise, even if “Company” has been advised of the possibility of such damages.

You hereby declare, acknowledge and agree that your use of the “Message Checker Service”, it’s free of charge, without any payment of fees, shall not create, in any case, a consumption relationship between you and “Company” related to the “Site”, “Message Checker Contents”, “User Data”, “Message Checker Service” or any other additional service.

You agree that the damages arising from your access to the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service or “User Data”, if any, payable by the “Company” to you pursuant to the “Service Term of Service” or laws shall be applicable only when the damages are caused by the “Website”, “Message Checker Contents” and “Message Checker Service” or any other additional service, in a manner that is evidently intentional or negligent, limited to the total amount paid by the “Message Checker User” to “Company” for the use of the “Message Checker Service” over the last twelve (12) months. The requirement about said damages limit shall be the fundamental element constituting the contract/service relationship between you and the “Company”.

19. Confidentiality

The “Site”, “Message Checker Contents”, “User Data”, “Message Checker Service” or any other additional service contain trade secrets and exclusive know-how belonging to “Company” and are provided to the “Message Checker User” subject to the obligation to keep their strict confidentiality. The use or disclosure of the “Site”, “Message Checker Contents”, “User Data”, “Message Checker Service” or any other additional service, as well as their algorithms, protocols or interfaces, by the “Message Checker User”, in violation of these terms, may be subject to a claim for violation of the rights of “Company”.

Rights and duties set forth in this Section 24 shall remain in force for an indefinite period of time, even after the termination of these Terms of Service and the cancelling of the “Message Checker Service” by the “Message Checker User” for any reason.

20. Severability

If any provision herein is held invalid or unenforceable by a court or as a result of an Agreement for the Adjustment of Conduct executed with the Public Prosecution Office, this shall not affect the validity and effectiveness of the other terms and conditions of these Terms of Service, which shall remain valid and effective to the extent that they are not annulled.

21. Waiver

The “Company” failure to exercise or enforce any right or interest required under the “Service Term of Service” shall not constitute its waiver to such right or interest but a mere tolerance and shall not extend to the other provisions of these Terms of Service.

22. Protection of “Personal Data”

The “Company” collects “Personal Data” for the purpose of providing its services, being committed to preserving the privacy and security of the users of its “Site”, “Message Checker Services” and “Message Checker Applications”, with such data processing being done in strict compliance with applicable laws and regulations, in particular the LGPD.

The “Message Checker User” authorizes the collection of “Personal Data” essential to the execution of this Term of Use, having been informed about the data treatment that will be carried out by the “Company”, under the terms of the LGPD, in accordance with the provisions of the Company's Privacy Policy.

The “Personal Data” of the “Message Checker User” “Treated” by the “Company” may contain: (i) personal identification; (ii) e-mail; (iii) gender; (iv) date of birth; and (v) other sources provided spontaneously and actively by the “Message Checker User” in their registration on the “Site”, “Message Checker Services” and/or “Message Checker Application”.

The “Personal Data” “Treated” by the “Company” may be used for all purposes of the LGPD, such as, but not limited to, (i) identification of terrorism; (ii) sharing to security agencies, according to the relevant legal request; (iii) sharing with administrative and judicial authorities within the scope of their competences based on strict compliance with the legal duty; (iv) sharing with credit protection agencies; (v) legitimate interests of the “Message Checker User” and the “Company”; and (vi) to guarantee the faithful execution of contracts signed between the parties, all based on article 7 of the LGPD.

The “Company” informs that all “Personal Data” “Treated” are strictly necessary for the purposes envisaged in this Term of Use.

The “Message Checker User” undertakes and authorizes the sharing of his “Personal Data” with third parties, for the purposes described in this Term of Use and in the Privacy Policy.

The exclusion of “Personal Data” from the “Message Checker User” at your request will respect the LGPD and the Privacy Policy, with the “Company” being entitled to the retention of the “Personal Data” for the purpose of complying with the relevant legal obligations.

The “Message Checker User” authorizes, in this same act, the custody of contracts, tax documents, notifications, service orders and any documents, even though they have their “Personal Data”, by the “Company” so that it complies with the provisions of the other laws, rules and legal regulamentations for the pourpose of this Term of Use and the Privacy Police, as well as for the fulfillment of the legal obligation, inclunding the article 16, item I, of the LGPD.

In the event of an improper leakage of “Personal Data”, it must be treated by the “Company” in accordance with the precepts established in the LGPD.

We recommend and indicate as essential that the “Message Checker User” carefully read this Terms of Use and the Privacy Policy, available on the “Company” “Site”.

23. Reading Acknowledgment

You represent that you have been given the opportunity to read, review and therefore understand what has been agreed under these Terms of Service, further stating that you have been provided with all the information and clarifications required, in order to comply with all the terms and conditions, rights and obligations hereunder, before you agree to be bound by these Terms of Service, in its terms and conditions.

24. Assignment Rights

“Company” reserves the right to assign and/or transfer the rights and obligations arising from these Terms of Service to companies that are part of its economic group or as a result of its corporate reorganization, merger, spin-off or incorporation into any third party, notwithstanding any notice to the “Message Checker User”.

25. Governing law and jurisdiction

Beside the applicable law as foresaid, the governing law of this “Terms of Service” legal dispute arising from your access to the “Website”, “Message Checker Contents” and “Message Checker Service” is Taiwan Law (R.O.C), and if any, shall submit to the jurisdiction of Taiwan Taipei District court, R.O.C. in the first instance.

26. Entire agreement

The “Service Term of Service” shall constitute the entire agreement between you and the “Company” with respect to the “Website”, “Message Checker Contents” and “Message Checker Service”, and shall supersede any prior agreement between you and the “Company” with respect to the same.

Revised on October 31, 2021