Terms of service

CleanMessaging Terms of service

Revised June 3, 2016

PT Makmur Sukses Untung (“CleanMessaging” or “we”) offers users (“Users” or “You”) global phone community services transacted through licensed applications, including but not limited to the “CleanMessaging”, the “Whozcall”, the “Call Blocker”, the “Telemarketing Blocker” and the “Siapa Nih” apps, (the “CleanMessaging Apps”) for mobile devices or via API.

These Terms of Service (“Terms”) will govern Your use of CleanMessaging’s software applications (including the CleanMessaging Apps), websites, web service API or other online services (all collectively “Services”), irrespective of release version. By accessing or using any of the Services, You agree to be bound by these

Terms and, where Twitter services are made available therein, the Twitter Terms of Service, located at https://twitter.com/tos, and the Twitter privacy policy, located at https://twitter.com/privacy. For API Users, additional provisions apply in accordance with the API License Addendum (which is part of these Terms).

Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.

Personal Integrity

Being a collaborative community our top-priority will always be the relationship with our community. We are therefore firmly committed to the security and protection of integrity of our Users of the Services and their contacts.

For the purpose of the CleanMessaging Services, any data shared with CleanMessaging will only be used to link a name to a telephone number already available to the User. See further details in the CleanMessaging Privacy Policy.

Other name searches will only produce a number linked to the name if the number is available for search in a public database or relates to a User who has made his or her name available for search.

The CleanMessaging Privacy Policy further describes what information You may share with CleanMessaging and other Users and how CleanMessaging may use and share such information.

Consent to Use of Data

You agree that CleanMessaging, in accordance with the CleanMessaging Privacy Policy, may collect and use technical data such as Your IP address, device ID, usage data and related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You related to the CleanMessaging Apps.

You further agree and guarantee that, if You have opted in to participate in the Enhanced Search functionality, we may collect, use and share certain information regarding the contacts contained in Your device’s phone book (“Contact Information”) with other Users in accordance with the CleanMessaging Privacy Policy in order to provide the Services. By allowing Contact Information to be collected, You give CleanMessaging a right to use that Contact Information as a part of the Service and you guarantee that you have any and all permissions required to share such Contact Information with us. You may opt-out to prevent the sharing of Contact Information at any time.

CleanMessaging

With the CleanMessaging app You are provided with an SMS and MMS messaging service. In order to facilitate the delivery of your messages through the CleanMessaging app, CleanMessaging may store your messages a limited period of time. In order to access and use the features of the Service, you acknowledge and agree that in time when “someone not in your phonebook” send you an message, you will have to provide CleanMessaging with your imei number, country, phone number that send you message, and the message content. CleanMessaging may store your messages a limited period of time. You expressly acknowledge and agree that in order to provide the Service, CleanMessaging may periodically access your contact list and/or address book on your mobile device to run the Service. You must provide accurate and complete information. You hereby give your express consent to CleanMessaging to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. You must notify CleanMessaging immediately of any breach of security or unauthorized use of your information. Although CleanMessaging will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CleanMessaging or others due to such unauthorized use.

Obligations and Restrictions to Use of Services

You guarantee that any Contact Information and other data, such as Your profile information, You may transfer to CleanMessaging as a User of the Services (together “Content”), to the best of Your knowledge, is not false or otherwise may corrupt or disrupt the Services and that you have the right to share it with CleanMessaging and other Users.

Except as set forth in the API License Addendum, You shall not by any commercial means use the Services or otherwise transfer for value the Services or the Content. You agree not to challenge CleanMessaging’s rights in or otherwise attempt to assert any rights in the Services, except those explicitly granted under these Terms. You agree not to use the Services except as expressly permitted under these Terms.

Scraping of any information contained in the Services, including any third party information accessible via the Services, is strictly prohibited.

The Services or the Content may not be used in any way, which is illegal, harmful or may be considered offensive by CleanMessaging, other Users or third parties. You therefore agree not to exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity. You further agree not to use our Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that CleanMessaging is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services. Notwithstanding any other remedies available to CleanMessaging, You agree that CleanMessaging may suspend or terminate Your use of the Services without notice if You use the Services or the Content in any prohibited manner, and that such use will be deemed a breach of these Terms.

You may contact CleanMessaging at cs@CleanMessaging.com to report any violation or infringement of Your rights by Users of the Services.

Proprietary Rights

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. CleanMessaging and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms.

Scope of License

Except as set forth in the API License Addendum and subject to your compliance with these Terms at all times, CleanMessaging grants You a personal, limited and non-exclusive right to use the Services for Your own personal, non-commercial use. This license does not allow You to use the CleanMessaging Apps on any mobile device that You do not own or control. You may only redistribute the CleanMessaging Apps unmodified for non-commercial purposes to a party that has agreed to these Terms. You may not copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the CleanMessaging Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included in the CleanMessaging Apps).

The license does not allow You to use CleanMessaging’s name, trademarks or other commercial symbols. All rights and licenses not expressly granted to You under these Terms shall be retained by CleanMessaging.

In case You wish to use the CleanMessaging Apps as a part of Your own application or modify the CleanMessaging Apps, a separate agreement with CleanMessaging is required. Any API, commercial or enterprise use of the Services shall be governed by the API License Addendum.

No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CLEANMESSAGING MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.

You understand and acknowledge that CleanMessaging will not be liable for network-related problems attributable to the operation of the Services and that network configuration changes may affect the Services’ performance.

CleanMessaging makes no representation that the Services are available for use in any particular location. To the extent You choose to access the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT CLEANMESSAGING SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, CleanMessaging shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the CleanMessaging Apps and cease use of the Services.
CLEANMESSAGING SHALL NOT BE LIABLE FOR THE VALIDITY AND CORRECTNESS OF THE CONTENT PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE DONE AT YOUR OWN DISCRETION AND RISK.

CleanMessaging controls and monitors Content made available by the Users via the Services, but can nevertheless not guarantee its origin and correctness. Therefore, You accept that You via the Services may be exposed to information that is erroneous or otherwise objectionable. CleanMessaging shall not be liable for the Content and other information disseminated or delivered through or in connection with the Services. You agree that You shall bear all risks associated with the use of such information.

Nothing in this section Limitation of Liability shall, however, limit or exclude the Responsible Publisher’s liability under the Indonesia Fundamental Law on Freedom of Expression.

Support

CleanMessaging strives to provide adequate and efficient technical support, upgrades and updates for the Services. CleanMessaging shall not, however, be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit the support, upgrades and updates provided from time to time.

Termination

Your right to use the Services continues until these Terms are terminated. CleanMessaging may terminate them and Your use of the Services at any time with thirty (30) days’ advance notice. You may terminate them at any time by uninstalling the CleanMessaging Apps and ceasing the use of the Services. These Terms will automatically terminate if You fail substantially to comply with them. Upon any termination, You agree to stop using the Services. Upon termination by You, or by CleanMessaging due to Your breach of these Terms, You will not be refunded any part of the Services, license fees or other prepaid fees, if any. Upon termination by CleanMessaging without cause, You will be refunded such prepaid fees following a written request by Yourself, provided a receipt for such fees and a clear payment instruction are included.

Any prepaid fees for the Services are connected to the User device as well as its phone number. Therefore, if You change device or its SIM-card, You cannot transfer the balance to a new device or SIM-card and no refund will be available in such cases. CleanMessaging reserves the right, at its own discretion, to remove any remaining balance resulting from prepaid fees without any right of refund twelve (12) months from the purchase.

Provisions of sections No Warranty, Limitation of Liability, and Termination shall survive any termination of these Terms.

Assignability

CleanMessaging reserves the right, at its own discretion, to freely assign and transfer the rights and duties under these Terms to any third party.

Additional and Changed Terms

As CleanMessaging provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices hereto. For API Users, the API License Addendum applies.

CleanMessaging reserves the right to modify the Services and these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof via publication on the CleanMessaging website and provided the option to immediately terminate the Services. If You choose to terminate the Services, You will be refunded any prepaid credits or other prepaid fees, following a written request by Yourself, containing a receipt for any such fees and a clear payment instruction. The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at www.CleanMessaging.com.

Governing Law

Your use of the Services and their various functionalities and the ensuing relationship between you and CleanMessaging are governed by these Terms, which shall be construed in accordance with, and governed by, the laws of Indonesia, excluding its choice of law rules. All disputes relating to these Terms shall exclusively be adjudicated in Indonesia, with the District Court of Jakarta as the court of first instance.

Protected Published Content

User Generated and Third Party Content

Please note that certain information and other materials contained in the Services have been submitted by other Users or third parties. Such content may be unmoderated and will in such case constitute a separate database which is excluded from constitutional protection under the Indonesia Fundamental Law on Freedom of Expression and CleanMessaging is not liable for the publication of such content. Such unmoderated content includes User profile information, status updates and messages (including messages sent by using the CleanMessaging app). Furthermore, the Services may contain links to external content provided by third party websites and services. Such content is not part of the CleanMessaging database and is not constitutionally protected. CleanMessaging is not liable for any such third party content.
Please note that You are solely liable for any information and other materials that You submit for publication in the Services which will not be moderated by CleanMessaging, including, without limitation, Your profile information, status updates and messages (including messages sent by use of the CleanMessaging app). Before any submission and publication of such information and materials is effected we will inform You that you are solely liable for such submission and publication.