Terms of Service

These Terms of Service (hereinafter referred to as these Terms) govern the management, maintenance, publication of updates, and provision of services or software (including this Service, hereinafter referred to as the Call Defender Service, which includes, but is not limited to, the Call Defender App and all services or software launched by the Company under the name Call Defender) provided by Whoscall Inc. (a wholly-owned subsidiary of Gogolook Co., Ltd., organized under Japanese law, hereinafter referred to as the Company). Specifically, these Terms outline the rules for providing services related to content and information (hereinafter referred to as Call Defender Content) transmitted from the Company’s parent company (i.e., the content provider, Gogolook Co., Ltd., hereinafter referred to as the parent company) as follows:

Introduction

Before using the service, please understand that Call Defender service information search results are sourced from the following databases:

(I) The Call Defender database; (II) The HKJunkCall database; (III) Other third-party databases. Therefore, the Company assumes no responsibility for the confidentiality of any personal data you disclose on the internet. You are responsible for maintaining the security of your personal data at all times. Furthermore, the Company makes no representations or warranties regarding the accuracy of any numbers reported by users in on social network, and you are solely responsible for evaluating their correctness and reliability.

Meanwhile, the Company does not guarantee the following: (I) Call Defender services will meet your requirements. (II) Call Defender’s information service will be provided without interruption, in a timely manner, and also safely, reliably or free from errors. (III) The results of the access to Call Defender services are accurate and reliable. (IV) Any services, information, or other data you access through Call Defender will meet your expectations.

When using the Call Defender’s community tagging feature for feedback, you shall avoid using controversial language. The tagging evaluation contents you feedback shall meet the fact (or at least not substantially inaccurate or likely to cause dispute). Tag feedback submitted through Call Defender service represents the personal experiences and opinions of individual users, while it does not indicate endorsement or verification of those views by the Company. You also guarantee that you will not use Call Defender services to engage in the following activities: (I) spreading rumors, speculation or false statements. (II) Personal attacks, defamation (including false statements), or public insults that damage a person’s reputation. (III) Words that stir up ethnic or communal sentiments or incite antagonism and verbal abuse. (IV) Other highly contentious statements.

Please read the following terms and conditions carefully. These Terms of Service grant certain rights to the Company and explain how you can manage certain information you display to others through Call Defender Content and Call Defender Services.

Please also refer to the Company’s privacy policy for information on how we collect and use your personal data, and please read the terms of service on the HKJunkCall website, as HKJunkCall may collect some anonymous information when using the Call Defender service.

These Terms of Service clearly define how you use Call Defender Content and the Call Defender Service. By using the Call Defender Content and Call Defender Service, you agree to these Terms of Service. For information regarding how we use the information you provide when using the Call Defender Service, as well as your user data and non-identifiable data, as specifically stated and described below, please refer to the Call Defender Privacy Policy. This policy details the purposes and scope of use within the Company’s business operations, including records or tracking data retained by the Company and its parent company for operating the Call Defender Service, except as otherwise provided in this clause. If Call Defender’s search results infringe upon your rights, please inform us at privacy@gogolook.com, and we will assist you in concealing the contents as described in the following terms of service, provided that we cannot guarantee that the contents will not reappear in Call Defender’s search results.

Definitions

To clearly explain the content and scope of Call Defender services, the following definitions are set forth in these Terms of Service:

User (or member) refers to a Call Defender user who submits personal identification information to the Company, including but not limited to phone numbers or email addresses.

Non-user (or non-member) refers to an individual who accepts the Call Defender Service but has not provided personally identifiable information.

Users or non-users who accept services from Call Defender are collectively referred to as Call Defender Service Users.

User Data refers to any data you choose to upload to and store on your phone via the Call Defender Service. Those refer to the data or information generated by a user while using the Call Defender Service (including, but not limited to, blocking records, phone tags, phone notes, and query records made through the Call Defender Service).

Caller ID Data refer to any data linked to your phone number, sourced from Third-Party Databases and social media Feedback Data. The Caller ID Data also include certain user data.

Third-Party Database refers to a public or private database controlled, managed, or maintained by a third party, and the Company may legally obtain the rights to use it to provide related services to Call Defender users.

Social Media Feedback Data refer to data reported or tagged by users, and information identified or categorized through technical means or statistical analysis. The data include, but are not limited to, social media feedback tags and social media feedback alerts.

Feedback Data refer to data you provide or generate while using the Call Defender service, based on different functions or your own needs, including but not limited to, contact person records, block records, phone tags, search history, feedback data (feedback tags and feedback alerts), and data associated with your phone number. Said data may include your own information and other non-users’ information.

Execution refers to downloading, installing, and activating the Call Defender App to use the features offered by the Call Defender Service.

Non-identifiable Data refer to data other than user data that you consent to our collection, retention, processing, or use in providing the Call Defender Service or other value-added services, for example, your postal code and personal preferences. Because the data do not identify you personally, they are considered non-identifiable data.

Specifically, non-identifiable data include the following information:

(1) Communication Exchange and Equipment Labeling Data: The information required for communication exchange protocols obtained directly or indirectly from your communication equipment while operating the Call Defender Service and any other additional services you have selected. They exclude network identifiers and include information self-labeled or recorded by other communication equipment and made available for storage or reading without identifying specific individuals (including but not limited to, communication equipment production serial numbers), as well as said Feedback Data.

(2) Anonymous Statistical Analysis Data: Data compiled and summarized by the Company through de-identification techniques or other statistical methods that do not involve identification of personal data, sourced from User Data, Caller ID Data, Communication Exchange and Equipment Labeling Data, Feedback Data and tracking records of your usage patterns with the Call Defender Service and other services provided by the Company. These also include derivative files created based on said analysis data that cannot identify specific individuals without the use of additional information.

1. User Identity Authentication and Application Eligibility

When you install and activate the Call Defender App on your mobile device, you can use it as either a User or a Non-User. If you submit personal data to the system that allows us to identify you, the Company will automatically link that data to your account.

You agree to complete the phone number binding and user identity verification procedures as instructed by the Company upon installing and activating the Call Defender App, and to authorize the Company to collect, hold, process, and use your user data and non-identifiable data as part of those procedures. Furthermore, you agree that the Company may collect, hold, process and use your personal data from Third-Party Database and Social Media Feedback Data to provide Call Defender Service and any additional services you select.

You acknowledge and agree that said verification procedures are the basis for the Company’s determination of your identity and approval of your access to the Company’s services. Accordingly, you hereby state that you will not apply for the service or undergo verification procedures using another person’s phone number. You also agree to assume all legal responsibility for your submission of personal data, including your phone number, and for cooperating with any related verification procedures. Furthermore, you agree not to subsequently deny the validity of this statement and commitment for any reason.

Except as provided in these Terms of Service and the Company’s Privacy Policy, the Company will not intentionally share any of your mobile data with any third party without your consent. The authority you grant to the Company will remain under your control, and you can delete your user data from the Call Defender Service at any time. (If you would like to learn more about terminating the Call Defender Service, please refer to Part 6 below.)

2. Caller ID Data

As a Call Defender user, when your phone receives a call or text message, Call Defender automatically searches for the source of the phone number in our database and third-party databases (including but not limited to, non-identifiable data and personal and non-personal data from Third-Party Database or Social Media Feedback Data). If a match is found, Call Defender will display the name or related information of the individual or business trying to reach you.

The license grants you, the user, ownership of all your User Data in the agreement between the Company and you. However, if you share, submit and upload any user data, you agree to grant the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, display, and perform your user data or create related derivative works, provided that such derivative works are related to the Call Defender Service and are used solely to provide you with the Company's services (including the Call Defender Service).

In order to ensure the security and enhance the quality of the Call Defender service, and to comply with relevant legal requirements, you acknowledge and agree that the Company and its parent company may retain records related to your access to the Call Defender Service, including but not limited to account and device information (login time, mobile operating system type and device identifiers), operational records (search history, feedback records and service interaction behavior), transaction and authorization records (purchase records, serial number redemption, payment time and authorization status), and system records (error records, login failure records and alerts for abnormal operation).The Company retains said information for the purposes including but not limited to: (1) Authenticating and verifying user identity; (2) Handling customer service requests or disputes; (3) Analyzing service usage behavior to optimize functionality; (4) Preventing malicious behavior or violations of the Terms of Call Defender Service; (5) Complying with legal requirements or requests from competent authorities.

With respect to the User Data you provide through the Call Defender Service, you hereby acknowledge and agree that you retain the necessary right to provide the related information. Therefore, you hereby represent and warrant that: (i) under these Terms of Service, you retain all necessary rights, including ownership, licenses, consents and the ability to transfer, to grant the Company the rights required to use the User Data; and (ii) the User Data per se, and any User Data posted, uploaded, published, submitted, or transmitted on or through the Call Defender Service, or used in connection with the Call Defender Service, will not infringe, misappropriate, or violate any third party's patent, copyright, trademark, trade secret, or other intellectual property right, nor will it infringe upon the privacy rights or other rights of data owners, or violate any applicable laws or regulations.

If any claims or objections are raised by third parties against the Company or you as a result of your violation of said warranty, you shall be solely responsible for all related legal liabilities and shall indemnify the Company against all losses incurred.

3. Use the Call Defender Service to manage access to data in the Company's database.

Except for User Data involving your personal information, when you call other Call Defender Service users, you agree that the Company may display your Caller ID Data to other Call Defender Service users while providing the Call Defender Service and other additional services, and may not be held legally liable for incorrect information, misrepresentation, or other statements that might affect your rights arising from the transmission of information from Third-Party Database and Social Media Feedback Data provided unintentionally.

Additionally, you agree that, to protect your legitimate rights and interests, the Company may allow third parties with a contractual relationship with you and who have obtained your prior consent to access your non-identifiable data in the Company’s database, as well as data collected, held, processed, and used by the Call Defender Service from Third-Party Database. Notwithstanding, the Company will not provide your personal data to the third party as a result of said arrangement, or disclose any information that could identify you personally.

In order to protect users’ rights, the Company will regularly update Caller ID Data in the database as required by the Personal Data Protection Act. As a Call Defender user, except as otherwise provided in these Terms of Service, you may request that the Company conceal information in certain circumstances in the following manners, and the Company will process your request within 30 days.

(1) Request to hide Social Media Feedback Tags:

- Social Media Feedback Tags refer to the ability for the Company to allow Call Defender Service Users to submit feedback and reminders regarding incoming call numbers. The Company reserves the right to use feedback from Call Defender users to help other Call Defender users identify incoming calls. As a Call Defender user, you shall make every effort to remain neutral and objective when sending feedback, and avoid reporting false or unsubstantiated claims to the Company. The Company reserves the right to hide or delete false or inappropriate feedback or social media tags.

- Complaints submitted to privacy@gogolook.com and processed according to the provided instructions will be categorized as follows: Incorrect social media tags: Instances where the name and number associated with a tag do not accurately reflect the identity of the tag holder. After a user files the complaint, the Company will manually review the issue by calling the incorrect number. Once verified, the Company will immediately update the incorrect information. Social media tags containing personal opinions and comments, including defamatory or vulgar language, will be modified or removed by the Company upon receipt of the complaint filed by the user. The Company will add said defamatory or inappropriate words to the filter list to prevent recurrence.

(2) Those requesting the concealment of Social Media Feedback Alert Data and related information:

- Social Media Feedback Alert Data refer to our proprietary system’s ability to identify certain phone calls and text messages as unwanted by one or more users, based on patterns derived from phone calls, text messages and publicly available data. Except as otherwise provided in these Terms of Service, Call Defender Service will not actively honor the hide requests for entities, businesses or individuals identified by the social media as unsolicited sales or promotional calls, or other types of unwelcome communications. In said circumstances, the information of said unwanted callers will continue to be visible to all Call Defender Service users.

- After receiving your email to privacy@gogolook.com and following the provided instructions for submitting a request and filing a complaint, Call Defender Service will initiate a 30-day observation period. The information will be hidden after 30 days; however, the Company cannot guarantee that the information will not reappear if the reported number continues to be flagged as Social Media Feedback Alert Data even after it has been hidden.

(3) Applicant for modification or concealment of the Third-Party Database:

- After receiving a request to modify or conceal, the Company reserves the right to request telephone verification from the user and supporting documentation. The request will be processed only upon the Company's review and confirmation of the information provided. Since the Company has no control over the third-party database, your request to modify or hide information submitted to the Call Defender Service will not result in change or deletion of your phone number and related information in any third-party database that contain your data. The request to Modify or Hide simply represent that your data will be changed or will not be displayed in the information provided by the Call Defender Service.

- If you have any questions regarding the method of disclosing information from incoming calls, please contact the data processing department for Call Defender at privacy@gogolook.com. Please note that submitting a request to Modify or Hide does not guarantee that your phone number will be modified or deleted from all databases owned by the Company. For example, the Company may retain the information to fulfill your request. Please note that the Company reserves the right of final judgment and acceptance regarding the manner in which information disclosed via the above-mentioned calls is handled.

4. Minimize the terms of use of Feedback Data.

Some of the contents of the Call Defender Service (e.g. number label, risk alerts and search suggestions) is voluntarily provided or tagged by registered users based on their actual experience while accessing the service. This constitutes user-generated feedback data. The data may include information pertaining to non-registered users (e.g. phone number owner, the caller, or the sender of a message), but the Company will not create personal data profiles for non-users based on the data, nor will it use it for marketing, push notifications or contact with the non-users. The Company collects, processes and displays the feedback data to improve service quality, prevent fraud, optimize related business development, enhance information transparency, and strengthen the caller ID experience. The relevant processing is carried out in accordance with the principles of data minimization, anonymization techniques, and lawful and legitimate purposes. If non-users object to the content of their data, they may submit a complaint according to the procedures outlined in the Company’s Privacy Policy. The Company reserves the full right to review and handle such complaints.

5. Modification

The Company reserves the right to modify, interrupt, or terminate the Website or Call Defender Service, or to modify these Terms of Service, at its sole discretion. If the Company modifies these Terms of Service, it will post the changes on the Website or notify you of the changes via email. We will also display the Date of Last Update at the top of the Website homepage. After the Company publishes the modified content on the Website or notifies you of the modification, your continued access to or use of the Website or Call Defender Service, if any, constitutes your agreement to be bound by the modified Terms of Service. If you do not agree to the modified terms of service, your only recourse is to immediately stop accessing the Website and Call Defender Service.

6. Billing and Fees

Basically, the Call Defender Service may be accessed without charge. If there are any fees and payment terms, they will depend on the type of phone you use, your mobile carrier, and the version of the Call Defender Service you are using. However, you may need to join our regular subscription plan to access the full functionality of the Call Defender Service. In the future, we will provide more detailed information about the Call Defender Service fees, and the project will be updated regularly. Furthermore, we will clearly and completely disclose any fees and payment terms in advance before requesting your payment information.

You hereby state that you are the owner or authorized user of the wireless device used to access the Call Defender App, and that you may approve any and all applicable charges with authorization. You hereby acknowledge and agree that in addition to any Call Defender Service fees, the messages and data transmission rates of your wireless communication service provider might incur additional expenses.

You will be considered agreeing to pay all applicable fees, taxes, and other charges related to your access to the Website and Call Defender Service from the moment you begin accessing them. Unless otherwise specified in these Terms of Service or the Company’s billing policy, all fees paid by you are non-refundable and cannot be transferred to another phone number. All fees and applicable taxes are payable in US dollars. Except as otherwise provided in these Terms of Service or the Company’s billing policy, you agree that the Company may change the fees and charges for the Call Defender Service or add new fees at any time, but the Company will provide you with advance notice of any changes to the billing standards.

If you fail to pay the relevant fees for the Call Defender Service in a timely manner, or if Call Defender Service is unable to process your transactions using the information you provided, the Company reserves the right to suspend your access to the Call Defender Service at its sole discretion. If any outstanding fees remain unpaid for thirty (30) days after the due date, the Company reserves the right, at its sole discretion, to delete your User Data and terminate your access to the Call Defender Service.

7. Termination

If you violate any provision of these Terms of Service, Call Defender reserves the right to terminate your access to or use of Call Defender Content and Call Defender Service. After the Company makes said decision, Call Defender Service will immediately discontinue the access to the User Data you have provided. The Company reserves the right to change or revoke your access to and use of Call Defender Content and Call Defender Service, or to suspend the Call Defender Service from accessing your User Data, in whole or in part, at any time and without prior notice. Except as otherwise provided in these Terms of Service, if the Company terminates or cancels your access to the Call Defender Content and Call Defender Service due to your violation of these Terms of Service, you will still be responsible for all fees payable under these Terms of Service or the Company’s billing policy.

You may discontinue the access to the Call Defender App at any time. Deleting the Call Defender App from your phone will not result in deletion of your User Data or Caller ID Data from the Call Defender service system. This is because when you delete the App from your phone, the Company would not receive any notice about your behavior. Therefore, deleting the Call Defender App does not mean your discontinued access to the Call Defender Service. If a user wishes to remove his/her user data, he/she shall do so completely by using the Delete Account function within the Call Defender App to remove the User Data. However, no prepayment made prior to the deletion will be refunded to the users making such prepayment.

8. Your access to the Call Defender Content

The Company hereby authorizes you to download, view, and print a copy of, the Call Defender Content for your personal and non-commercial use only, and in accordance with the restrictions set forth in these Terms of Service.

9. Call Defender Assets

All rights, titles and interests in the Call Defender Content and Call Defender Service, now and in the future, are the exclusive property vested in the Company and its licensor, namely its parent company, Gogolook Co., Ltd.. The Call Defender Content and Call Defender Service are protected by the laws of the Republic of China and other applicable countries governing patent right, copyright, trademark and other relevant rights. Except as otherwise provided in these Terms of Service, you may not reproduce, distribute, modify, edit, sublicense, perform, publish, sell, transfer, publicly display, publicly transmit, create derivative works based on, or otherwise use the Call Defender Content and Call Defender Service. You may not use the Call Defender Content or Call Defender Service on any other website for any purpose, or link such content to those websites. User Data do not include any content, phone numbers, complaints, opinions, or reviews you submit on other websites operated by the Company. If you submit or post any comments or reviews electronically through the Call Defender App, you hereby grant Call Defender a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, edit, publish, perform, publicly display, publicly transmit, create derivative works from, and otherwise utilize your comments through any now known or later developed forms, media, or technologies. Meanwhile, you agree to waive your moral rights. In order to comply with legal requirements, the Company reserves the right to edit or delete all or part of the content of messages or comments, but is not obligated to monitor or review any user’s statements. The Company shall not be responsible for the accuracy, completeness, suitability, legality, or applicability of any content or comments provided by you or others. The Company does not endorse, approve, advocate, encourage, confirm or agree the content of any comments or reviews submitted by others, and you or the author of such content shall be solely responsible for any related legal liabilities.

10. Call Defender App

In accordance with these Terms of Service, the Company grants you a non-exclusive and non-transferable license to run the Call Defender App on your mobile devices that you are authorized to own and use, in order to use the Call Defender Service. Said license does not permit you to use the Call Defender App on any mobile device not owned by or authorized to you. Any rights not expressly granted to you under these Terms of Service are reserved by the Company for the Call Defender App. For the purpose of these Terms of Service, the copy of the Call Defender App accessed by you is licensed by the Company, but you may not sell, transfer or use it for any commercial purposes. You own the mobile device on which you have downloaded the Call Defender App, but the Company retains ownership of all copies of the Call Defender App, including all intellectual property rights contained therein.

You hereby acknowledge that the Company may choose to release upgraded versions of the Call Defender App and has the right to perform these upgrades automatically and electronically. You hereby agree and consent to the validity and suitability of the Call Defender App upgrade to your mobile phone by the Company, and agree not to assert any claims against the Company relating to such upgrades. You acknowledge that these Terms of Service shall apply to any and all upgraded versions of the Call Defender App, unless a separate license is required for the upgraded version.

If you destroy or delete any copies of the Call Defender App that you own or control, your license to access the Call Defender App will be terminated. If you violate any provision of these Terms of Service, any license granted to you under these Terms of Service will be automatically terminated, with or without notice from the Company.

11. General Prohibitions

You agree that when you use the Call Defender Content, Call Defender Service or User Data, you will not engage in any of the following activities:

(1) Post, publish or distribute any text, graphics or data that: (i) are false or misleading; (ii) are defamatory; (iii) violate the privacy of others; (iv) are obscene, pornographic or offensive; (v) promote prejudice, racism, hatred or harm to any individual or group; (vi) infringe upon the rights of others, including intellectual property rights; or (vii) violate any applicable laws or regulations, or encourage any act that would violate them or give rise to civil liability.

(2) Access non-public areas of the Company’s computers or intranet, or those of its suppliers;

(3) Attempt to probe, scan or test the vulnerability of any system or network, or engage in any activity that violates any security or authentication measures;

(4) Attempt to access, search for or otherwise access Call Defender Content, Call Defender Service or User Data using any search engines, software, tools, media, devices, or other mechanisms other than the software provided by the Company;

(5) Send unsolicited emails, spam, or promotional emails, chain letters, or advertisements for products or services without the Company’s prior permission;

(6) Falsify any part of the TCP/IP packet header or header information in any email or news posting, or use the Website, Call Defender Content, Call Defender Service or User Data in any way to transmit the identification data altered without authorization or deceptive or false identification data;

(7) Attempt to decode passwords or decompile, disassemble or reverse engineer any software used to provide Call Defender Content and Call Defender Service or access User Data;

(8) Re-engineer (except during download or installation) or modify the Call Defender App, including but not limited to adding new features or making other alterations to its operation;

(9) Transfer, sublicense, rent, lend or otherwise distribute the Call Defender App to any third party;

(10) Through any means, including but not limited to uploading the Call Defender App to any network or document sharing service, or making the functionality of the Call Defender App available to others through any host, application service provider, service institution, software as a service (SaaS), or any other type of service.

(11) Interfere with or attempt to interfere with the access by any Call Defender user, host, or network, including but not limited to, sending viruses, overloading, flooding, or spamming the Website; or

(12) Impersonate or falsely represent yourself as being affiliated with any person or entity.

Said actions constitute infringement upon intellectual property rights and pose website security issues. The Company reserves the right to investigate and take legal action as permitted by law. The Company will cooperate with law enforcement authorities to prosecute anyone who violates these Terms of Service or applicable law. You acknowledge that the Company has no obligation to monitor your access to the Call Defender Content and Service or User Data.

12. Feedback

The Company encourages users to evaluate and test Call Defender Content and Call Defender Service and to provide feedback, comments and suggestions for improvement to the Company. You hereby irrevocably grant to the Company a non-exclusive, sublicensable, royalty-free and perpetual license to manufacture, use, sell, copy, modify, distribute and exploit any feedback, opinions and improvement suggestions you provide. According to the provisions of these Terms of Service, granting of said license would not result in any rights or permissions in the Call Defender Content and Call Defender Service vested in you.

13. Access at your own risk

You shall be solely responsible for any risks associated with your access to the Call Defender Content, Call Defender Service or User Data. The Company shall not be liable for any damage to your computer system or wireless communication devices, data loss, or other losses resulting from your access to the Call Defender Content and Call Defender Service or User Data. By agreeing to access the Call Defender Service, you consent to allow the Company to retrieve your Caller ID Data and User Data (including but not limited to) to the extent that it is permitted by third-party suppliers and wireless communication operators.

You hereby acknowledge and agree that you should not make behavioral decisions relying on Call Defender Content, Call Defender Service or User Data for any reason. You further acknowledge and agree that you should take full responsibility for the maintenance, backup, and protection of all of your User Data.

14. Disclaimer

The Company provides the Call Defender Content and Call Defender Service as they are, without any express or implied warranties or conditions. You hereby expressly acknowledge and agree to assume all risks associated with your access to the Call Defender Content and Call Defender Service or User Data, including risks related to satisfactory quality, performance, accuracy and effort. Without limiting the foregoing, you expressly waive any warranty by the Company regarding the merchantability or fitness for a particular purpose, accuracy, uninterrupted service and non-infringement upon the Call Defender Content and Call Defender Service or User Data, and waive any warranty and condition by the Company for any transaction or commercial use.

The Company does not guarantee uninterrupted access to the Call Defender Content and Call Defender Service, nor does it guarantee that the Call Defender Content, Call Defender Service or User Data will meet your requirements or establish a uninterrupted, safe and error-free service environment. The Company also cannot guarantee that any defects will be corrected.

The Company makes no warranties regarding the quality of any products, services or data obtained through Call Defender Content and Call Defender Services or the accuracy, timeliness, authenticity, completeness or reliability of any data obtained through the Website, Call Defender Content, Call Defender Service or User Data.

Except as expressly provided in the Call Defender Service, any oral or written advice or information you receive from the Company or through the Call Defender Content, Call Defender Service or User Data will not constitute a warranty. If such services are found to be defective, you will bear all costs of necessary repair, restoration, or correction.

15. Indemnity

You hereby guarantee that neither the Company nor its directors, supervisors, managers, employees and agents shall be liable for any claims, demands, disputes, debts, damages, losses, or expenses arising from any third party due to your access to or use of the Call Defender Content and Service, User Data, or the Caller ID Data you provide, or your violation of these Terms of Service. You agree to indemnify the Company and said personnel against any damages and expenses incurred therefor, including but not limited to, all reasonable legal and accounting fees.

16. Limit of liability

To the maximum extent permitted by applicable laws, the Company shall not be liable for personal injury or any incidental, special, indirect or consequential damages, including but not limited to, loss of profits, data loss, business interruption, or any other commercial damages or losses arising out of your access to or inability to access the Call Defender App, Call Defender Content or Call Defender Service, regardless of whether the Company has been advised of the possibility of such damages based on guarantees, contracts, tort or any other legal requirements.

You hereby acknowledge that the Company shall not be liable for any damages arising from: (1) defamatory, offensive or illegal acts by other users or third parties, and you assume all risks associated with such acts; (2) any third-party content uploaded or downloaded through the Call Defender Service; (3) any damages caused by the access to your Caller ID Data; or (4) any disputes or impacts between third parties and you resulting from your access to the Call Defender Content and Call Defender Service.

You hereby agree that the Company’s liability for any and all damages resulting from your access to the Call Defender Content, Call Defender Service or User Data will be limited to instances where the Company is found to have acted with intentional misconduct or gross negligence. The total amount of compensation payable shall be capped at the higher of US$100 or the total fees you paid to the Company for the Call Defender Content, Call Defender Service or User Data in the month the damage occurred. The relevant provisions regarding said limit of damages are essential terms of the agreement/service relationship between the Company and you.

17. Data Collection and Utilization

The Company's collection, processing and use of personal data shall be handled in accordance with applicable laws and regulations, including the Personal Data Protection Act and the Personal Data (Privacy) Ordinance, unless otherwise provided by laws or the competent authority.

18. Termination of the Contract

Users may notify the Company at any time to terminate their contracts for the Call Defender Service in the manner as agreed.

Except as otherwise provided in the Terms of the Call Defender Service, the Company shall notify the user in writing, via email or through a mutually agreed-upon method thirty days before terminating the Call Defender Service.

19. Fundamental Rights and Obligations Under the Agreement

If the Terms of Service are amended or supplemented, the Company will announce the changes at a prominent location on the website and notify users via email or other agreed-upon methods. If no objection is received within seven days, the changes will be deemed accepted.

The relevant regulations referred to in the Call Defender Service encompass the processing procedures, instructions, agreements, terms of use, precautions, and restrictions found on the related webpages or interfaces, all of which are considered part of the terms of the Call Defender Service.

Any matters not covered in these Terms of Service shall be governed by applicable laws and regulations and the written interpretations of the competent authority.

20. Notice

With respect to these Terms of Service and any other agreements, notices, or other communications regarding your access to the account or services, you agree to allow the Company to notify you electronically (including but not limited to, email (the contact information you provided when signing up for the Call Defender Service), postings on this website or partner websites, and notifications via wireless devices).You agree that notice is deemed delivered upon the Company’s electronic dispatch of the same. The Company shall not be liable for any failure to receive said notice on the date of issuance due to information transmission or other causes.

If there is any change in the user’s communication information, please notify the Company immediately via the Call Defender Service webpage or through the method agreed upon by both parties. If the user fails to notify the Company of changes in their contact information in the manner as agreed, any notice the Company sends according to the contact information it has on file will be deemed as having been delivered duly.

21. Outsourcing

You agree that the Company may, in accordance with applicable laws and regulations, entrust a third party (entity) to handle any part of the Call Defender Service.

When the Company entrusts others to handle business as stipulated in the preceding paragraph, it shall supervise and ensure that these data processors comply with the confidentiality provisions under relevant laws and regulations. If a data processor entrusted by the Company violates applicable laws and regulations, leading to the illegal collection, processing, or use of personal data, or any other infringement upon users’ rights, you may claim damages against the Company and the data processor entrusted by the Company.

22. Severability

If any provision of these Terms of Service is deemed invalid or unenforceable, the remaining provisions of these Terms of Service shall remain in full force and effect.

23. Waiver

The Company’s failure to promptly exercise any right or remedy provided in these Terms of Service shall not constitute its waiver of such right or remedy.

24. Legal Control and Jurisdiction

Any legal disputes arising from your access to the Call Defender Content and Call Defender Service shall be governed by the laws of the Republic of China, and no relevant provisions under the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements shall apply. You further agree that the related legal disputes shall submit to the jurisdiction of Taiwan Taipei District Court in the first instance.

25. Entire Agreement

These Terms of Service constitute the entire agreement between the Company and you regarding the Call Defender Content and Call Defender Service, and supersede any prior agreements between the Company and you regarding the Call Defender Content and Call Defender Service.