Please read these Terms of Use (“Terms”) carefully before using “Best Call Recorder" (the "Application"):
By accessing the Application in any way, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms and the Privacy Policy.
From time to time we may update the Application and these Terms. Your use of the Application constitutes your agreement to the Terms and any updates of said Terms. Please review these Terms periodically to ensure that you are familiar with the most recent version. If you do not agree to these Terms, you may not use the Application.
Please note that in order to use the Application you must be 18 years old or over.
1. Using the Application
The Application allows the recording of telephone calls conducted on your mobile phone.
1.1. There are two options to use the Application: (a) pro path (full version); (b) free trial (free version).
(a) Pro Path (full version) – you will be able to download the Application from the App Store and pay for a one year subscription at the rate of $7.99
At the end of the year, if you choose to do so, you will need to renew your subscription. The subscription will not be renewed automatically and the subscription costs may change. You may also cancel your subscription within the year of subscription but you will not be refunded for the cost.
The recordings you will create will be stored by Best Call Recorder for the shorter of: (1) one year as of the date of the recording or (2) till the end of your subscription year in case it was not prolonged. If you chooses not to renew the subscription after one year, then you will lose the access to your recordings and Best Call Recorder has the right to delete all of the recordings made so far. In order to save your recordings you must at all times download your recordings and save them in other electronically means that are not the Application.
(b) Free Trial (free version) you will be able to download the Application, free of charge for a period of one year. The recordings made by you will be stored by Best Call Recorder for a year. But you will be able to access only the first minute of each recording. If you wish to access any or all of your full recordings you will need to join the Pro Path version of the Application and pay the full subscription fees.
1.2. In order to install the Application you will be required to provide a phone number.
1.3. A text message will be sent to the phone number you provided in order to identify the phone number and for confirmation. By confirming the phone number and these Terms, you acknowledge that you have the right to use this phone number for the purpose of the Application and that doing so is legal in your jurisdiction and that the Application will not be used for any unlawful conduct.
1.4. You can cancel and remove the Application at any time by deleting it but you will not be refunded for paid subscription fees.
1.5. Currently, there is no limit to the number and/or capacity of the recordings (as long as they are reasonable and for personal use only) but in the future there may be.
1.6. As of today, the Application is available only at the App Store.
1.7. Best Call Recorder can update or change or delete some of the features of the Application or these Terms and the Privacy Policy, without prior notice. Using the Application including the latest updates constitutes your agreement to the new Terms of Use and the new Privacy Policy.
1.8. It is your responsibility to check the updated cost or fees of using the Application, before you download it.
1.9. No reimbursement of expenses or fees will be paid for using or not using the Application.
1.10. Best Call Recorder reserves the right to change its prices or fees from time to time, without prior notice.
1.11. Best Call Recorder is not providing invoices to the users; however you can see its account balance in the App Store.
1.12. If you have any claim regarding charges or incorrect payments, it is your responsibility to notify Best Call Recorder as soon as possible. Best Call Recorder will make every effort to resolve the dispute. If you will not dispute any charge within 30 days of the charge you waive the right to claim against any such charges.
1.13. Only technical issues that cause problems in the use of the Application might lead, if found correct, to the reimbursement of expenses, according to the provisions of App Store.
2. Accounts, Passwords and Security
2.1. In order to use the Application, you will be required to create an account on App Store. In order to create an account on App Store, you will be asked to enter certain information, including without limitation, your name, a valid e-mail address, password, credit card number, security code and the expiration date of your credit card ("personal data"). Your personal data shall be treated and used by us pursuant to our Privacy Policy.
2.2. In order to use the Application you will need to provide us with a mobile telephone number owned by you and in your possession.
2.3. It is your responsibility to maintain the confidentiality, completeness, and accuracy of your personal data, and any loss caused by your failure to do so is your responsibility.
2.4. Additionally, you are entirely responsible for any and all activities and/or charges that occur under your account. You agree to notify Best Call Recorder immediately of any unauthorized use of your account. Best Call Recorder is not liable for any loss that you may incur as a result of someone else using your account or phone, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
3. Misuse of the Application
3.1. You may not use any electronic communication feature, especially recordings that were made by using the Application for any purpose that is unlawful, tortuous, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful or other, all as determined by Best Call Recorder in its sole and absolute discretion;
3.2. You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property without first obtaining the permission of the owner of such rights;
3.3. You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Application or any software or hardware or telecommunications equipment.
3.4. By using the Application, you agree that you will not impersonate any person or organization, including without limitation, the personnel of Best Call Recorder, or misrepresent an affiliation with another person or organization.
3.5. It is your responsibility to make sure that recording conversations in your state or the state you are staying in or the state in which the person you are calling is located, is legal. Best Call Recorder has no responsibility for illegal use of the Application. It should be noted that depending on the country in which you are located or the person you are calling is located, you may violate said country’s criminal law or create civil liability by listening in on or recording a telephone conversation without informing the other parties that you are doing so. It is your sole responsibility to refrain from any action involving the Application that will be unlawful.
3.6. Best Call Recorder may cancel your account and delete all the data associated with your account at any time, without notice and for any reason at BestCallRecorder's sole discretion. Best Call Recorder reserves the right to permanently restrict access to the Application or a user account.
3.7. You represent and warrant that you own all of the personal data submitted, displayed, published or posted by you on the Application, and the displaying, publishing or posting of any content you submit does not and will not violate any privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
3.8. BestCallRecorder has the right to use the recordings and/or details on the recordings and/or history of conversations, to any legal purpose, including but not limited to, preventing fraud and unauthorized access to voicemail.
4. Intellectual Property
4.1. Content on this Application is provided by BestCallRecorder.
4.2. The name “Best Call Recorder" graphics, photographs, images, models, text, files, programs, codes, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Best Call Recorder Content") is the property of BestCallRecorder and is protected under trademark and/or copyright and/or patent and other intellectual property laws.
4.3. You will not download, display, copy or use any Best Call Recorder Content for any purpose (commercial or non-commercial), in any manner, including in a manner that is likely to cause confusion, that disparages or discredits BestCallRecorder, that dilutes the strength of Best Call Recorder's property or brand, or that otherwise infringes Best Call Recorder's intellectual property rights. Nothing contained on this Application should be construed as granting any license or right to use any Best Call Recorder Content.
5. Representations and Limitations of Liability
5.1. Best Call Recorder makes every effort to keep the Application up-to-date but cannot guarantee that this Application and its contents are completely free of technical errors. We are also not liable for any damages associated with use of this site however caused.
5.2. YOUR USE OF THIS APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE APPLICATION OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD ANY MATERIALS FROM THIS APPLICATION, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE SYSTEM /COMPUTER/ OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
5.3. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU UPLOAD, SAVE, SEND OR RECEIVE DURING YOUR USE OF THE APPLICATION MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BEST CALL RECORDER NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE APPLICATION, OR ANY OTHER APPLICATION YOU ACCESS THROUGH A LINK FROM THIS APPLICATION OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR ANY DAMAGE AS A RESULT OF FORCE MAJEURE, OR THE DELAY OR INABILITY TO USE THE APPLICATION, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE APPLICATION, BEST CALL RECORDER'S REMOVAL OR DELETION OF ANY MATERIALS UPLOAED, SAVED, SUBMITTED OR POSTED ON ITS APPLICATION OR WHILE USING IT, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BEST CALL RECORDER, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATIRIAL THAT MAY INFECT YOUR PHONE EQUIPMENT, PHONE PROGRAMS, DATA, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER BEST CALL RECORDER NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE APPLICATION.
6. Indemnification
6.1. You agree to indemnify, defend and hold harmless Best Call Recorder and its officers, directors, employees, contractors, agents, licensors, franchisees, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Application and any violation of these Terms or which arises from the use of any content including recordings or any personal or third party's data saved or uploaded using the Application BestCallRecorder or while using the Application or otherwise.
7. Promotions
7.1. Any promotions made available through the Application may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable official rules. If the official rules for a promotion conflict with these Terms, the promotion official rules will apply.
8. Third Party Websites
8.1. This Application may hyperlink to sites and/or other applications that are not maintained by or related to BestCallRecorder. Such hyperlinks are not sponsored by or affiliated with this Application or Best Call Recorder, and Best Call Recorder does not endorse and makes no representations or warranties about the content, completeness, or accuracy of those third party application and/or sites. Information you submit at a third party site and/or application accessible from this Application is subject to the Terms of that site's and/or application's privacy policy, and Best Call Recorder has no control over how your information is collected, used, or otherwise handled.
9. Miscellaneous
9.1. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
9.2. These Terms constitute a binding agreement between you and Best Call Recorder, and are accepted by you upon your use of the Application or your account. By using the application you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
9.3. We will determine, in our reasonable discretion, whether there has been a breach of these Terms. If you breach any provision of these Terms or our Privacy Policy, we may terminate your use of the Application.
9.4. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, your use of the Application or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If your use of the Application is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Application and anything relating to or arising from such use.
9.5. If you are dissatisfied with the Application or with these Terms or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Application. The provisions these Terms of Use shall survive any termination.
9.6. Despite our best efforts, errors may occur on the Application. Best Call Recorder is not responsible for typographical, technical or other errors.