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END USER LICENSE AGREEMENT
Last updated Sep 16, 2024
SimCode is licensed to You (End-User) by PrivaCode for use only under the terms of this License Agreement.
This agreement constitutes part of a binding agreement between PrivaCode (“we”, “us”, or “our”) and each end user (“you” or “your”) regarding your downloading, installation and use of our mobile software VSim ( the “App” or “Software”) and related services ( the “Service” or “Services”). YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS LICENSE AGREEMENT. We have the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have changed, we will treat your use as acceptance and compliance with the updated terms.
You agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part:
1.1 You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way
1.2 You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions
1.3 The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to PrivaCode
1.4 PrivaCode cannot always take responsibility for the way you use the app
1.5 You will not engage in any harassing, threatening, intimidating, predatory or stalking conduct.
1.6 You will not use or attempt to use another user’s account without authorization from that user and VSim.
1.7 You agree not to use the App in a manner inconsistent with any applicable laws or regulations, for example Apple and Google guidelines and rules.
1.8 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
1.9 We reserves the right to investigate suspected violations of our Terms of Service herein and may seek to gather information from the user who is suspected of violation, and from any other user. We will collect and use such information in accordance with our Privacy Policy.
1.10 In its sole discretion, we may restrict, suspend or terminate the account of any User who abuses or misuses the Services. By accepting our Terms of Service herein, you waive and hold harmless PrivaCode and PrivaCode parties from any claims arising out of the action taken by PrivaCode according to such misuse of the Services by either PrivaCode or law enforcement authorities.
1.11 The app is currently available on iOS – the requirements for the system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. PrivaCode does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
1.11 Available on iOS and Android, the requirements for the system(and for any additional systems we decide to extend the availability of the app to) may change, and updates may be necessary to continue using the app. TGTOOLS LTD does not guarantee perpetual updates or compatibility with all iOS versions. We may discontinue the iOS app at any time without notice. Upon termination, you must cease using and delete the app from your device.
1.12 Third-Party Service Usage: You acknowledge and agree that we utilize third-party services for the provision of virtual numbers. We are not responsible for, and expressly disclaim any liability for, the use of these numbers by you or any other users. You are solely responsible for your use of the numbers purchased through our service, and you must ensure that your use of these numbers complies with all applicable laws and regulations.
1.13 Compliance with Laws: In using any virtual numbers provided through our service, you must adhere to all local, state, national, and international laws and regulations. Any illegal or unauthorized use of the numbers is strictly prohibited, and you agree to indemnify and hold harmless our company for any damages, losses, or liabilities incurred as a result of such misuse. It is your responsibility to be informed about and to comply with all relevant telecommunications laws, data protection regulations, and other legal requirements related to your use of the service.
1.14 Modification of Terms: We reserve the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting the revised terms on our website. Your continued use of our services following any such changes constitutes your acceptance of the new terms and conditions.
If you do not do any of the above items, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://simcode.app/privacy-policy
Also The user of the application confirms that any data prepared and presented by the user to VSim are related to the user legally. The user guarantees that the data processing does not violate the rights of third parties and any use of the Application is carried out with the consent of the user and on his direct instructions.
You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights as well as claims for damages on the part of us shall remain unaffected.
5.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
5.2 Unless we unilaterally terminate this Agreement or you terminate this Agreement as above, this Agreement (including the updated agreement following) will remain effective.
5.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. We and any other third-parties have on need to send your additional notice.
5.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
We have the right to amend the provisions of this Agreement from time to time subject to the change of law and regulative policy and based on need of operation and development. Such amendment will be notified or published at the interface of the App once it is updated. Your continuous use of the App will be deemed as your acceptance of such update.
7.1 You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the right to continuously exercise or enforce the right or regulation.
7.2 Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
7.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
7.4 The validity and interpretation of this Agreement is applicable to laws of the Canada. If any provision in this Agreement conflicts with the Canadian Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions.
7.5 We reserve the final interpretation right on this Agreement.
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