Terms and condition

Terms of condition

Please read carefully the following provisions of this Terms of condition (“Terms of condition”). This is a legal agreement between you and DeeAPuncT Live. (including its wholly-owned subsidiary “ Perfect 22GS DEVELOPMENT S.R.L.”, and its other subsidiaries, DeeAPuncT) regarding the use of (i) the DeeAPuncT software programs and related documentation being installed or used by you on any of your devices (the “Software”), and/or (ii) any of the services enabled by the Software (the “Services”). By downloading or otherwise accessing the Software and/or Services, however accessed, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS), BY DeeAPuncT PRIVACY POLICY (“Privacy Policy”) and TERMS OF USE (Terms of use), EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE AND CAN BE FOUND AT

https://www.deeaapp.com/privacy.html,

https://www.deeaapp.com/terms.html,

This Terms of Use and the Privacy Policy are referred to herein collectively as the “Terms and Conditions.” IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SOFTWARE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SOFTWARE AND ALL SERVICES.

1. Acknowledgment. This paragraph is intended to apply to you if you have downloaded the Software from the Apple App Store. DeeAPuncT and you acknowledge that this Terms of Use is concluded between DeeAPuncT and you only, and not with Apple Inc. (“Apple”), and as between DeeAPuncT and Apple, DeeAPuncT, not Apple, is solely responsible for the Software and Services and the content thereof. This Terms of Use is not intended to provide for usage rules for the Software and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the date hereof (which you further acknowledge you have had the opportunity to review).

2. License Grant. Subject to your compliance with the Terms and Conditions, DeeAPuncT grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to download, install and/or use one (1) copy of the Software, in object code format, only on your personal computers or personal mobile devices (if you have downloaded the Software from the Apple App Store, then only on your Apple computer, iPhone, iPod touch, iPad or iWatch) (each, a “Device”) for the sole purpose of personally using the Services through use of the Software, and if you have downloaded the Software from the Apple App Store, as permitted by the Usage Rules set forth in the App Store Terms of Service as of the date hereof.

3. Ownership. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to DeeAPuncT and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to DeeAPuncT and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. DeeAPuncT hereby expressly reserves all rights in the Software and Services which are not expressly granted to you hereunder.

4. Restrictions. You may use the Software solely for purposes of enabling you to use and enjoy the Services, and only as permitted by the Terms and Conditions. You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) incorporate any portion of the Software of Services into your own programs or compile any portion of the Software in combination with your own programs or transfer it for use with another service or program; (iii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Services and any attempt by you to take such action shall be void; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (v) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services; (vi) use the Software or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.

5. Additional Restrictions. You further represent and agree that you shall not (i) use the Software or any of the Services in violation of any applicable law or for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Software or any of the Services in a manner that sends more request messages to the DeeAPuncT servers than a human can reasonably produce in the same period of time manually; (iv) transmit invalid data, worms, viruses or any code of a destructive nature, (v) transmit spam, chain letters, materials related to any political campaigns, commercial solicitations, mass mailings, or any form of spam or other unsolicited texts or emails; (vi) display, transmit or share any content consisting of data, text, sounds, audio, pictures, photos, video, sound recordings, musical works, narration, Broadcast Content (as defined in Section 20 below), works of authorship and/or any type of materials, information or communications (collectively, “Content”) deemed unlawful, harmful, threatening, pornographic, obscene, sexually explicit, abusive, racially or ethnically or otherwise offensive, libelous or defamatory, infringing, invasive of personal privacy or publicity rights, harassing, bullying, depicting or inciting violence (including suicide), hate speech, humiliating to other people (publicly or otherwise), profane, injurious or otherwise objectionable, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (vii) attempt to hack, destabilize, adapt or otherwise interfere with DeeAPuncT’s website, the Software (or its source code) or any of the Services, or alter another website or mobile app so as to falsely imply that it is affiliated with DeeAPuncT, (viii) collect or harvest any personally identifiable information, including account names, from the Software or any of the Services, (ix) use a false phone number or email, or impersonate another person or entity, or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or (x) use or access any of the Services by any means other than through the interface provided by DeeAPuncT.

6. Sanctions. Users are required to comply with all applicable economic sanctions laws, including those administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”). These laws generally prohibit or restrict transactions involving: (i) certain countries or regions, including Crimea, Cuba, Iran, North Korea, and Syria, as well as any individual or entity from, located in, ordinarily resident in, or affiliated with the governments of those countries or regions; (ii) certain individuals or entities, including those identified on lists published by OFAC, such as the Specially Designated Nationals and Blocked Persons (“SDN”) List; (iii) nationals of Cuba; and (iv) the Government of Venezuela. Users may only access the Software and Services in compliance with these laws. Persons who are from, located in, or ordinarily resident in countries or regions subject to U.S. sanctions, who are associated with or acting on behalf of the governments of those countries or regions, who are SDNs or other denied or blocked parties under U.S. law, or who are otherwise subject to sanctions are prohibited from accessing or using the Software or Services absent a license or other government approval or authorization. DeeAPuncT has the right to deny access to, or terminate its relationship with, any person that fails to comply with these laws.

7. United States Services. DeeAPuncT makes no representations that the Services are appropriate or available for use in any location outside the United States. Those who access or use the Software and/or Services from other jurisdictions are entirely responsible for compliance with all local laws.

8. Your Utilization of Your Device: If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to your obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Software or Services on your Device will do so in accordance with the Terms and Conditions. You must delete any Software from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.

9. Third-Party Sites, Products and Services; Links.

(a) The Services may include links or references to third-party web sites or applications offering products or services, including games, applications, third party shopping merchants, images, special offers, or other events or activities, that are operated and maintained by other persons and/or that are not owned by DeeAPuncT (“Reference Sites“). The Terms and Conditions do not apply to Reference Sites. Please be aware of when you visit or use any Reference Sites, and we encourage you to read the terms and conditions and privacy policies of any Reference Sites that you visit or use.

(b) DeeAPuncT does not assume any responsibility for Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. You expressly relieve DeeAPuncT from any and all liability arising from your use of any Reference Sites. DeeAPuncT is not responsible for and does not control or guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by Reference Sites; (ii) any payment transactions, shipping charges, deliveries, returns or after sales activities related to the products or services purchased on Reference Sites; (iii) the availability of Reference Sites; or (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, Reference Sites, nor any listing or other content about such products or services displayed on Reference Sites. Any questions, complaints, or claims related to any product or service provided by a Reference Site should be directed to the applicable third party responsible for the Reference Site.

(c) DeeAPuncT utilizes the YouTube API Services, and you are agreeing to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms), Privacy Policy (http://www.google.com/policies/privacy), and API Services Terms of Service (https://developers.google.com/youtube/terms/api-services-terms-of-service) when engaging YouTube content and services through our application.

10. Content. Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Any use or reliance on any Content is solely at your own risk. DeeAPuncT does not endorse any Content and expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the DeeAPuncT Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.

11. Your Content. You acknowledge and agree that you are solely responsible for your conduct and any Content that you transmit or display through the Software or Services and that DeeAPuncT (and Apple if you downloaded the Software from the Apple App Store) is not responsible to you or any third party in connection with any Content. DeeAPuncT reserves the right (but not the obligation) to remove, edit or refuse to transmit any Content for the purpose of enforcing the Terms and Conditions, or for any other reason in DeeAPuncT’s sole discretion, but does not regularly review Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent, warrant and agree that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress and service mark right, goodwill, or any other intellectual property or proprietary right as may now exist or hereafter come into existence, (ii) require DeeAPuncT to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties, (iii) result in a breach of contract between you and a third party or will not be in violation of any applicable law or regulation, (iv) contain any information that is confidential or proprietary to a third party, or (v) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. DeeAPuncT RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS.

12. Grant of Rights to DeeAPuncT.

(a) If you transmit or share your Content in the Services or otherwise share your Content with or link your Content to the Services, for example, through Reference Sites or other third-party applications connected to your DeeAPuncT account, you represent and warrant that you have all rights necessary to grant, and you hereby expressly grant, to DeeAPuncT, its licensors and other DeeAPuncT partners a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, make derivative works of, and otherwise exploit and use, all such Content and any name, voice, image and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Software and Services and DeeAPuncT’s (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Software or Services (and derivative works thereof) in any media formats and through any media channels. For clarity, the rights granted by you in this Section to DeeAPuncT include the right to reproduce your Content on a royalty-free basis and that DeeAPuncT will have no obligation to pay royalties to you or any third party involved in the creation of your Content. Further, you understand that the license grants by you to DeeAPuncT hereunder will survive any termination of your use of the Software or Services.

(b) Any Content transmitted by you will be considered non-confidential and non-proprietary, and treated as such by DeeAPuncT, and may be used by DeeAPuncT in accordance with these Terms and Conditions without notice to you and without any liability. You waive any rights to prior inspection or approval of any marketing or promotional materials related to any Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Content you transmit or display through the Services.

(c) You agree and acknowledge that Content you transmit through the Services may be distributed, viewed and accessed and commented by other users of the Software or Services and that DeeAPuncT will not be held liable for any unauthorized use of Content or any comment thereon by any person.

(d) You acknowledge and agree that DeeAPuncT may collect, use and share information related to your use of the Services as described in the Privacy Policy, and including certain information contained in the Devices to which you have downloaded the Software for purposes of your use of the Services, such as the address books and unique phone identifiers (IMEI, Google Advertisements ID, or other) contained in such Devices.

(e) You hereby acknowledge and agree that DeeAPuncT may contact you via email or SMS, through the Services, or otherwise for the purpose of informing you about new products, services or promotions offered by DeeAPuncT (you can opt-out of such emails by clicking on the unsubscribe link or of such SMSs by replying stop). Please see our Privacy Policy for additional information on how we may contact you.

13. Third Parties. The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement.

14. Availability and New Versions of the Software. DeeAPuncT may, without prior notice, stop providing the Software, features of the Software, and/or any of the Services, to you or to users generally, or create usage limits for the Software or any of the Services. DeeAPuncT, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software or Services without notice. DeeAPuncT has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Software or any of the Services. You may have to agree to a renewed version of some or all of the Terms and Conditions in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Software or Services. You acknowledge that DeeAPuncT may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Software or Services and, accordingly, may modify, update or upgrade the version of the Software or Services that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.

15. Third Party Fees. For particular Devices, DeeAPuncT may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees.

16. Eligibility; Termination. The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users who are eighteen (18) years of age or older, and any registration, use or access to the Software or Services by anyone under eighteen (18) is unauthorized, unlicensed, and in violation of the Terms and Conditions. DeeAPuncT may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under the required age in the prior sentence. If you are under the age of majority in your jurisdiction you may not use the Software and Services. The Software and Services are not intended for use by any user previously removed from any of the Services by DeeAPuncT.

17. No Access to Emergency Services. The Software and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Software and Services. You acknowledge and agree that: (i) DeeAPuncT is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Software, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) DeeAPuncT is not a replacement for your primary telephone service.

18. Prevention of Unauthorized Use. DeeAPuncT reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.

19. Mobile Alerts and Optout. DeeAPuncT may use carrier distributed mobile messaging (SMS) to verify ownership of a registered mobile phone number.

Additional Information: To receive information or technical support for a campaign, reply HELP to the last message received or to short code 82646. Msg&Data Rates May Apply.

Optout: To be removed from any DeeAPuncT.me mobile messaging program, reply STOP to the last message received or to short code 82646. Msg&Data Rates May Apply.

Carriers supported: ACS, AT&T, Bluegrass Cellular, Dobson/ Cellular One, Cellular One (IL), Cellcom, Cellular South, Centennial Wireless, Cincinnati Bell, Cox Communications, East Kentucky Network, ECIT, GCI, Immix Wireless, MetroPCS, Midwest Wireless, Nex-Tech Wireless, Nextel, nTelos, Revol Wireless, Rural Cellular, Sprint, T-Mobile, U.S. Cellular, Thumb Cellular, United Wireless, Verizon Wireless, Virgin, and West Central Cellular.

20. Live Streaming.

(a) The Services enable you to view live stream audiovisual content (“Broadcast Content”) which created and transmitted by another user (“Broadcaster User”). You acknowledge and agree that DeeAPuncT does not pre-screen any Broadcast Content transmitted by any user. DeeAPuncT uses automated, semi-automated, and manual checks of Broadcast Content, however you understand and agree that DeeAPuncT cannot find all objectionable Broadcast Content and makes no warranties to you with respect to any Broadcast Content. If you do find any problems in any Broadcast Content, we want your help to solve them. Please notify DeeAPuncT immediately.

(b) The Services may offer a feature allowing you to “purchase” (i) virtual currency, including virtual coins (“Coins”) for use in the Service, or (ii) virtual in-Service items (“Gifts” and together with Coins, “Digital Gifts”). You acknowledge and agree that the purchase of any Digital Gifts by you must be made lawfully and with actual currency. Any Digital Gifts that are gifted to a Broadcaster User (or received thereby) are converted in the Broadcaster User’s account to, and are referred to herein as, “Diamonds”. Notwithstanding your purchase or possession of Digital Gifts, you acknowledge and agree that you do not in fact own the Digital Gifts, and the amounts of any Digital Gifts in your DeeAPuncT account do not refer to any credit balance of real currency or its equivalent. Instead, you understand that the license to you from DeeAPuncT hereunder to use the Software and Services includes the right to use certain software programs included in the Services that may manifest themselves as these Digital Gifts.

(c) Any distribution of Digital Gifts by you is made solely in your discretion. Once you have made a distribution of a Digital Gift to another user, such action cannot be refunded or undone, and the Digital Gift cannot be withdrawn.

(d) You acknowledge and agree that your distribution of Digital Gifts to a Broadcaster User may result in some revenue to the Broadcaster User. DeeAPuncT makes no representation or guarantee that the amount or value in your DeeAPuncT account of any Digital Gift you distribute to a Broadcaster User will correlate in any way to the value of the Diamonds received by the Broadcaster User, or to the revenue such Broadcaster User may receive from DeeAPuncT. The amount of revenue delivered to a Broadcaster User in exchange for Diamonds or otherwise, if any, is determined by DeeAPuncT in its sole discretion.

(e) The purchase of a Digital Gift is considered a completed transaction when DeeAPuncT provides confirmation of receipt of an electronic payment from you via the online application store from which you downloaded the Software or via the DeeAPuncT’s electronic payment provider with respect to the web product (the “Application Store”). The purchase of Digital Gifts requires actual money. If you disagree with any part of, or do not fully understand DeeAPuncT’s exchange rate policy as described below, please refrain from purchasing or using any Digital Gifts.

(f) The value (i.e. the exchange rate) of Digital Gifts is determined by DeeAPuncT in its sole discretion, and DeeAPuncT further reserves the right to modify the exchange rate between actual currency and Digital Gifts from time to time, with or without reason, in its sole discretion. By your use of the Services, you confirm your understanding of and accept the then-current exchange rate of any Digital Gifts at the time of your purchase.

(g) Any virtual currency balance shown in your DeeAPuncT account does not constitute a real world balance or reflect any stored value. You will not be able to sell Digital Gifts, whether in exchange for virtual or real currency credited back to your DeeAPuncT account or otherwise, nor will you be able to receive a refund of virtual or real currency for Digital Gifts (including any virtual currency), including if your access to the Services has been suspended, limited or terminated by you or by DeeAPuncT.

(h) In the event your DeeAPuncT account balance with respect to Digital Gifts is incorrect due to system maintenance or other technical failures as determined by DeeAPuncT in its sole discretion, DeeAPuncT will use commercially reasonable efforts to correct your DeeAPuncT account balance. You may contact us regarding your DeeAPuncT account balance, purchases of Digital Gifts and/or distributions of Digital Gifts at info@deeapunct.com.

(i) Your use of any Digital Gifts must be solely for legitimate purposes within the Services, and must comply with these Terms and Conditions and with all applicable laws at all times. You acknowledge and agree that DeeAPuncT may change, modify or update the terms of sale in connection with Digital Gifts from time to time, and that such revised terms will apply to all subsequent purchases of any Digital Gifts, and you further agree that you will review these Terms and Conditions and any terms regarding the sale of Digital Gifts prior to making any purchase.

(j) You must distribute the Digital Gifts in your DeeAPuncT account by no later than 90 days after such Digital Gifts have been purchased (“Distribution Period”). DeeAPuncT reserves the right to permanently confiscate from your DeeAPuncT account any Digital Gifts not distributed within the Distribution Period or in the event that DeeAPuncT determines, in its sole discretion, that you have not logged in to your DeeAPuncT account during such 90-day period.

(k) DeeAPuncT takes fraud seriously. Please note that in addition to taking any desirable or necessary legal action, DeeAPuncT reserves the right to terminate your use of the Software and Services and/or to permanently confiscate any Digital Gifts from your DeeAPuncT account that it determines, in its sole discretion, were acquired using fraudulent or otherwise improper means. DeeAPuncT will notify you prior to such confiscation in order to provide an opportunity for you to make an appeal via the Services; provided, however, that DeeAPuncT’s determination, in its sole discretion, shall be final and binding on you.

21. Premium Services.

(a) From time to time in its sole discretion, DeeAPuncT may provide additional features and/or Services that you pay for (“Premium Services”). DeeAPuncT may also offer from time to time in its sole discretion, certain Premium Services for free, whether on a limited basis, for a trial period or otherwise. Unless expressly stated otherwise, references to the Services in the Terms and Conditions include the Premium Services.

(b)

(i) From time to time in its sole discretion, DeeAPuncT may provide you with a Premium Service that allows you to connect to recipients outside of the Service from your Device(“Free Voice Premium Services”).

(ii) Free Voice Premium Services are provided at no cost to you and are for personal use only. DeeAPuncT may limit the amount of call time available per call or for all calls. If DeeAPuncT puts in place any such limit, once an applicable limit set by DeeAPuncT has been reached, the Free Voice Premium Services may no longer be available to you. In addition, availability of the Free Voice Premium Services may be limited to certain countries or other geographies as DeeAPuncT may determine from time to time. DeeAPuncT reserves the right to change the terms of, and any fees associated with, the Free Voice Premium Services at any time without prior notice to you.

(iii) Use of the Free Voice Premium Services is for individual use only in accordance with the Terms and Conditions. You agree to use the Free Voice Premium Services only in accordance with the Terms and Conditions and not to abuse the terms of any offer regarding the Free Voice Premium Services. By way of example and without limitation, you agree not to: (a) use for telemarketing or call center operations; (b) resell minutes; (c) call numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of merely placing the call; or (d) make unusual calling patterns inconsistent with normal, individual use, for example, regular calls of short duration or calls to multiple numbers in a short period of time. Other practices may be relevant in determining whether use of the Free Voice Premium Services is in accordance with the Terms and Conditions and DeeAPuncT reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination.

(iv) DeeAPuncT may, as part of the technical setup of the Free Voice Premium Services, pair you with one or more phone numbers. These phone numbers may be shared by multiple DeeAPuncT users. You expressly acknowledge and agree that this pairing of phone numbers with you shall not constitute a transfer of property or sale of numbering rights by DeeAPuncT to you. As a result, you will not be entitled to claim any such rights to these phone numbers. This means, without limitation, that you may not port-out any such phone number to any third party.

(v) Free Voice Premium Services do not support Emergency Services, including calls to 112/911, and are not a replacement for your primary telephone service. See Section 15 above.

(c) If you purchase any Premium Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by DeeAPuncT or the Application Store. You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium Services is terminated. You agree that if you purchase Premium Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will DeeAPuncT have any responsibility in connection with any of the foregoing.(d) You may request a full refund for any Premium Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store.

22. Termination by You. You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices. If you have subscribed to any Premium Services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium Services.

23. Termination by DeeAPuncT. Without limiting any other remedies, DeeAPuncT may modify, limit, suspend, discontinue or terminate any of the Terms and Conditions and/or your use of all or any part of the Software and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation if DeeAPuncT believes that you are (i) in breach of any of the terms of any of the Terms and Conditions, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for a Premium Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that DeeAPuncT is under no obligation to provide the Services, including without limitation any Premium Services, and that no DeeAPuncT Party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Software and/or any of the Services.

24. Storage of Content. Storage space is inherently limited and as a result we are careful not to overload our servers. Accordingly, you acknowledge and agree that no DeeAPuncT Party is under any obligation to preserve, provide access to or return to you any Content and that DeeAPuncT shall have no responsibility for the modification, loss, deletion or destruction of any Content, including any stored Content. You further understand and agree that DeeAPuncT may remove certain Content from its storage systems periodically in its discretion without notice to you.

25. Indemnification. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, DeeAPuncT, ITS LICENSORS, ITS AGENTS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING DeeAPuncT, COLLECTIVELY THE “DeeAPuncT PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, OBLIGATIONS, ACTIONS, LOSSES, LIABILITY, DAMAGES AND COSTS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THE TERMS AND CONDITIONS OR ANY APPLICABLE LAW, RULE OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY OTHER PARTY’S ACCESS AND USE OF THE SOFTWARE, SERVICES AND/OR CONTENT WITH YOUR PHONE NUMBER OR USERNAME, OR (F) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF DeeAPuncT). If you downloaded the Software from the Apple App Store, you acknowledge that, in the event of any third party claim that the Software or Services or your possession and use of the Software or Services infringes any third party’s intellectual property rights, as between DeeAPuncT and Apple, DeeAPuncT, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. DeeAPuncT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DeeAPuncT, and you agree to cooperate with DeeAPuncT’s defense of these claims. You agree not to settle any matter without the prior written consent of DeeAPuncT.

26. No Warranties.

The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. To the maximum extent permitted by law, the DeeAPuncT Parties hereby disclaim all warranties, terms, and conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. You further acknowledge that the DeeAPuncT Parties (and if you downloaded the Software from the Apple App Store, Apple) have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or Services.

THE DeeAPuncT PARTIES DO NOT WARRANT THAT THE SERVICES OR THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES, WILL BE UNINTERRUPTED, UP-TO-DATE, COMPLETE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE DeeAPuncT PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.

27. Harm to Your Device. YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY, STORE, VIEW OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE SERVICE OR ANY CONTENT, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM).

28. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DeeAPuncT PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY DAMAGES OR LOSSES FOR LOST REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS OR DEVICE OR COMPUTER FAILURE OR MALFUNCTIONARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES, THE TERMS AND CONDITIONS OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF DeeAPuncT OR ANY OTHER DeeAPuncT PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DeeAPuncT PARTIES EXCEED THE AMOUNT YOU PAID TO DeeAPuncT FOR ANY PRODUCTS OR SERVICES PURCHASED FROM DeeAPuncT ON ANY OF THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the DeeAPuncT Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS, SOFTWARE, SERVICES OR CONTENT SOLD OR PROVIDED BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.

29. Claims. YOU AND DeeAPuncT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Software from the Apple App Store, you further acknowledge that Apple has no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

30. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT DeeAPuncT HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DeeAPuncT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DeeAPuncT. DeeAPuncT WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

31. Feedback. You acknowledge and agree that any comments, suggestions, or feedback relating to the Software or any of the Services (“Feedback“) submitted to DeeAPuncT are gratuitous, unsolicited and without restriction, and shall become the property of DeeAPuncT. DeeAPuncT will have exclusive ownership of all rights to the Feedback. DeeAPuncT will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. DeeAPuncT will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.

32. Export. The Software and Services may only be operated, exported or re-exported in compliance with all applicable laws and export regulations of the United States and the country in which you obtained them. The Software and Services are specifically subject to the U.S. Export Administration Regulations; diversion contrary to United States law is prohibited. You may not export, directly or indirectly, the Software, Services or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the United States Government or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval.

33. U.S. Government Rights. All Software, the Services and technical data are commercial in nature and developed solely at private expense. The software program and documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the software program and/or documentation by the U.S. Government or any of its agencies shall be governed solely by the Terms and Conditions and shall be prohibited except to the extent expressly permitted by the Terms and Conditions. Any technical data provided that is not covered by the above provisions is deemed to be “technical data-commercial items” pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b).

34. General

34.1 International Users. The Software and Services are hosted in the United States and by using the Software and/or any of the Services, if you are located in the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, then you understand and consent to the processing of personal information in the United States.

34.2 Notices. DeeAPuncT may provide you with notices, including those regarding changes to the Terms and Conditions, by email, via the Services or postings on the DeeAPuncT website. Notice will be deemed given twenty-four (24) hours after email is sent. Notice posted on the DeeAPuncT website or via the Services is deemed given ten (10) days following the initial posting. DeeAPuncT reserves the right to determine the form and means of providing notifications to our users.

34.3 Amendments. DeeAPuncT reserves the right to amend any of the Terms and Conditions at any time by publishing the revised Terms of Use, Privacy Policy, Copyright Terms, Broadcaster Agreement and/or Third Party License on the DeeAPuncT website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised Terms and Conditions shall become effective following the applicable notice period, unless you expressly accept the revised Terms and Conditions earlier by clicking on the accept button. Your express acceptance or continued use of the Software or Services after the applicable notice period shall constitute your acceptance to be bound by the revised Terms and Conditions.

34.4 Ability to Contract. You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.

34.5 Entire Agreement. The Terms and Conditions (consisting of the Terms of Use, Privacy Policy, Copyright Terms, Broadcaster Agreement and Third Party License) represent the complete agreement between you and DeeAPuncT and may only be amended as set forth under Amendments above or as otherwise expressly provided therein. If any provision of the Terms and Conditions is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

34.6. Assignment. You are not allowed to assign any of the Terms and Conditions or any rights or obligations thereunder. Any attempted transfer or assignment in violation thereof shall be null and void. DeeAPuncT is allowed at its sole discretion to assign or transfer any of the Terms and Conditions and any rights thereunder to any third party, without giving of notice.

34.7 Waiver. The failure of any DeeAPuncT Party to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by DeeAPuncT.

34.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.

34.9 Governing Law and Disputes. The Terms and Conditions are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, and by the laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to the Terms and Conditions. You agree that the Services shall be deemed solely based in California and each a passive Service that does not give rise to personal jurisdiction over DeeAPuncT, either specific or general, in jurisdictions other than the State of California. Any dispute, claim or controversy arising out of or relating to any of the Terms and Conditions, or the breach, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of any of the Terms and Conditions to arbitrate, shall be determined by arbitration. The arbitration shall be administered by the Judicial Arbitration and Mediation Service (JAMS), and the arbitration shall be conducted with a single arbitrator. Furthermore, you agree that neither you nor DeeAPuncT will join any claim with the claim of any other person or entity in arbitration; that no claim will be resolved on a class-wide basis; and that neither you nor DeeAPuncT will assert any claim in a representative capacity on behalf of anyone else. Notwithstanding the foregoing, you agree that DeeAPuncT shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If you file an arbitration complaint against DeeAPuncT, DeeAPuncT agrees to pay for any portion of the initial filing fee that exceeds $250; after the initial filing fees, the parties will share the costs of arbitration equally. You agree not to commence or prosecute any action against any DeeAPuncT Party other than by filing an arbitration complaint in accordance with this paragraph. IMPORTANTLY, BY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS, YOU ARE WAIVING ANY RIGHT YOU HAVE TO SEEK RELIEF IN A COURT OF LAW AND ANY RIGHT YOU HAVE TO A TRIAL BY JURY.

34.10 Injunctive Relief. You acknowledge that the obligations made hereunder to DeeAPuncT are of a unique and irreplaceable nature, the loss of which shall irreparably harm DeeAPuncT and which cannot be replaced by monetary damages alone so that DeeAPuncT shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

34.11 Third Party Beneficiaries and Agreements. If you downloaded the Software from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms and Conditions, and that, upon your acceptance of the Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Software and Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the Software and/or Services.

34.12 No Partnership, Agency, Joint Venture. The Terms and Conditions do not create or imply any partnership, agency or joint venture.

34.13 Terms of Use. You can find the latest version of this Terms of Use at https://www.deeaapp.com/terms.html.

34.14 Privacy Policy. You can find the latest version of DeeAPuncT’s Privacy Policy at https://www.deeaapp.com/privacy.html.

34.15 Copyright. You can find the latest version of DeeAPuncT’s procedures for making claims of copyright infringement at https://www.deeaapp.com/copyright.html.

34.16 Broadcaster Agreement. You can find the latest version of DeeAPuncT’s Broadcaster Agreement at https://www.deeaapp.com/broadcaster-agreement.html.

34.17 Third Party Licenses. You can find the relevant licensing information for software used by the Software or Services at https://www.deeaapp.com/third-party-license.html.

34.18 Severability. If any of the provisions of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.

Information We Collect

When you access or use the Service or third party games that were developed using a DeeAPuncT SDK pursuant to a separate agreement between DeeAPuncT and the game developer (“Third Party Games”) from or through your smart phone, tablet, computer or other device (each, a “device”), or when you install the Service on your device and register with DeeAPuncT, personally identifiable information about you may be collected. This collection may occur at different times, and for different purposes as explained below.

Download and Registration When you download an application that is part of the Service you are requested to register with us. For registration through DeeAPuncT, you are only required to provide your mobile phone number or your email address, depending on the device(s) you are using on the Service. You may also provide other personally identifiable information, but that is optional. When you log in using your Facebook account, we collect additional information you make available to us (see “Your User Profile”) below.

Address Book

If you are not already a user of the Service, when you first install an application that is part of the Service on your device, you are invited to register with DeeAPuncT and as part of this initial registration, you will be asked to allow us access to your address book. If you consent, we will have access to contact information in your address book on the devices you use for the Service (names, numbers, emails, and Facebook ID, but not notes or other personally identifiable information) and we will store it on our servers and use it to improve the Service and help you use the Service. If you do not want DeeAPuncT to store this information, you may opt-out at any time through your account settings in the DeeAPuncT mobile app, or in your device’s privacy settings, in which case we will delete that information from our servers. However, in this case, we may not be able to offer some of the features that require this information. See also “How We Use the Information We Collect” below.

Location Information

We may request access to your current location – provided by your mobile device using GPS or similar technologies – so that we can provide content that is more suitable to your location. For example, we may use information about the location of your device for certain calling features or share information about the location of your device with advertisers to tailor the advertising you see to your interests or present you with offers from the businesses around you. You are free to accept or block access to your location information. You can switch off access to your location at any time through your device settings.

This mobile app may collect and pass to third parties precise geolocation information linked to your mobile device or advertising identifiers and may do when you use the app or when the app runs in the background on your device. That information may be used by third parties to customize ads in this app or in other apps: for instance, if your device is often located at or near music venues, you might receive offers for music tickets (even when you are not at a music venue). The information also may be used for market or other research regarding aggregated traffic patterns: for instance, a company that analyzes shopping trends might use the information to learn whether more or fewer devices are seen near malls or in other shopping districts.

We automatically collect usage information that does not identify an individual user (“Usage Data”). For example, when you download and use the Services on a mobile device, we automatically collect information such as your device type, operating system version and type, certain device settings, device time zone, device carrier, current IP address, applications installed on the device, and platform-specific advertising identifiers. We may also collect location information, such as your device GPS coordinates unless you configure your device operating system settings to prevent our collection of location information. Additionally, each time you use the Site we automatically collect the type of web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Site. We use this information to enhance the services we offer, provide targeted advertising, and to help us understand how people use the Site and Services.

Aggregated device data, including location and usage data, is also measured for the purposes of market research by Placed, Inc. For further information, please see the Placed Terms of Service and Privacy Policy. If you do not want this information to be linked to your device, you may go to your device “settings” (which are somewhat different for iOS and Android devices) and opt out of interest-based or personalized advertising. You may also prevent the location from being collected by this or other apps, through your device settings (but this may affect the functionality of certain app features).

Profile Information

We collect and store certain profile information including your name, phone number, email address, picture, country of residence and preferences.

Usage Information

We may collect and store information about your usage of, and interaction with, the Service and Third Party Games (whether or not played on the Service), including calls, messages, posts, information relating to games played (such as games played, your game scores, how often you play and how much money you spend on the games), usage of the Service by geographies, device and connection information (such as a device advertising identifier or MAC address), IP address, device capability, bandwidth, web browser software, referring website, statistics on page views, network type and traffic to and from our websites.

Advertisements

When we serve an advertisement to your device, we collect information about your interaction with this advertisement to help us evaluate the performance of the advertisement that we show, such as whether you clicked on it, or installed the advertised product. The third parties that serve these advertisements may also collect other information about your interaction with an advertisement and about your browser or device. This collection and the subsequent use of this information by these third parties is subject to these third parties’ privacy policies over which DeeAPuncT has no control.

Shared Text, Photos, Videos and Other Communications

The Service allows you to share text messages, photos, videos and other communications (such as interactions during games) with other users, and if you choose to share your text messages, photos, videos and other communications, such items will be stored on our servers in accordance with our data retention policies. In addition, if you choose to share these items with other Service users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending text messages, photos, videos or other communications through the Service is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). DeeAPuncT is not responsible for any use or misuse of information you share. There is no tolerance for objectionable or abusive content, including nudity, illegal products, services, or activities, misleading, deceptive, sensational or excessively violent content, discriminatory practices, tobacco products, drugs, and drug-related products, unsafe supplements, adult content, adult products or services, surveillance equipment, hacking or cracking, work at home schemes. We do not allow users to request or encourage any questionable behavior by text, calls, gifts, or any other means. Promoting external links for users to purchase digital content or services outside the app is prohibited. All violators will be banned. For questions, please contact info@deeapunct.com.

Device and Log Information

If you use our Service, we collect information about your device and browser. This may include device information (type of device, operating system version, unique device identifier (such as an advertising identifier), browser type and version, mobile network information) or log information (IP address, MAC address, screen resolution, and referring domain).

Error Reporting Information

We also collect error-reporting information if the Service crashes or hangs up so that we can investigate the error and improve the stability of the Service for future releases. In general these reports do not contain pe