This is a legal agreement (“the Agreement”) between Yilian Internet Technology Co., Ltd. (“Yilian” or the “Company” or “we” or “us” or “our” or other similar pronouns) and users (“You”) of any services or features of Dou Call (hereinafter referred to as the “Software”), which are provided by the company. Please read the Agreement carefully and decide whether to accept it (a minor shall be accompanied by his or her legal guardian when accepting the Agreement). You are not allowed to download, install or use the software or related services unless you accept all the terms and conditions of this Agreement. By accepting the Agreement, you are consenting to, and agreeing to be bound by the terms of this Agreement. We reserve all rights not expressly granted to you.
By creating a Dou Call account or by using Dou Call app (collectively, the "Service") you agree to be bound by (i) this Agreement, (ii) our Privacy Policy, and (iii) any terms disclosed to you and agreed by you if you purchase additional features, products or services we offer on the Service (collectively, “the Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to the Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the Agreement will be posted on the Service and also on voice.idous.app, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
Yilian grants you personal, non-transferable and non-exclusive right and license to use the software on any mobile device that you own, provided that you accept all terms and conditions of the Agreement, including those updated or revised in the future (if any). Rights reserved: All other rights not hereby licensed still belong to Yilian. You shall obtain separate written approval from Yilian when using other rights.
Without the prior written consent of Yilian, You may not and you agree not to:
(a) Reproduce the software in whole or in part;
(b) Sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the software;
(c) Undertake, arrange, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the software or any part or features (except the extent permitted by law);
(d) Remove, obscure or alter any copyright notices or other proprietary notices included in the software;
(e) Use the software or any part thereof for commercial purpose (including but not limited to any corporate website, government website, financial and educational institution website, business website, or other websites for earnings and profits), unless you have been licensed to.
The restrictions contained herein apply equally to any updates to the software that you may obtain. If you breach this restriction, you may be subject to prosecution and damages.
To the extent you choose to access our Services, You do so at your own risk and initiative. You may use the Service for lawful purposes only and only in accordance with these Terms. You are solely responsible for obtaining and maintaining all necessary consents required for you to use the Services and provide any material or other information in relation thereto, and for complying with any and all laws, rules, regulations and other obligations that may apply to your use of the Service, including any and all applicable privacy laws. Without limiting the foregoing you agree not to use the Services as follows:
(a) for pornographic, indecent, obscene, defamatory or other unlawful purposes;
(b) to engage in any Internet activities that would violate the privacy rights of others, including to copy, store, access or use personally identifiable information about another registered user in a way that is inconsistent with the Company’s Privacy Policy;
(c) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by the Company in its discretion, may harm the Company or users of the Services or expose them to liability;
(d) to send harassing and/or threatening messages to others or to abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person;
(e) to discriminate against or harass anyone on the basis of race, national origin, religion, gender, sexual orientation, disability, medical condition, marital status, age or gender identity, or otherwise engage in abusive or disruptive behavior.
You agree to accept responsibility for any and all activities or actions that occur under your account, name and/or password. You understand and acknowledge that you are responsible for how you use of the Services, and you, not the Company, have full responsibility for such use, including legality and appropriateness, including for any content you post or information you provide (including personal information). You agree to notify the Company immediately upon becoming aware of any security breaches or unauthorized use. You are liable for any and all activities conducted through your account.
In the course of using the Licensed Application and/or the Services You may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, You agree to use our Services at Your sole risk and we shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that the Company is not responsible for any use of the Services by you, including without limitation any use that violates "Restrictions" and "Compliance" in this Agreement, nor for any harassment, threatening, defamatory, offensive or illegal conduct by you messages or transmissions you may receive as a result of using our services.
You acknowledge that the Company has no obligation to monitor access to or use of the Services, but it has the right to do so if it chooses in order to secure and improve the Services, for fraud prevention, risk assessment, investigation, customer support and to ensure compliance with these Terms, or as it otherwise sees fit. The Company reserves the right to refuse service, terminate accounts, disable any user identification code or password, remove or edit content, revoke your license, and otherwise terminate your right to use the Services at any time in its sole discretion, for any or no reason, including, if in the Company’s opinion you have failed to comply with any provision of these Terms or for any illegal or criminal behavior.
It is important that you understand that the App is not a replacement for your mobile phone. The Services are not meant to and do not support or carry calls to emergency services of any kind. Dou Call will not be liable for any attempted emergency calls.
You agree that we may collect and use related information, including but not limited to technical information about your mobile device, system, accounts, call duration, IP address, resolution, voice and video quality enhancing parameters, information that is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software to you (if any), including sending push notifications, online messages, SMS to your account or number for the related updates or information. We may use this information and promise to protect the privacy and personal information of users in accordance with the Privacy Policy.
All intellectual properties, trade mark rights and patent rights in the Software and all information related to the Software, including but not limited to written expressions and their combinations, icons, colors, UI design, printings and electronic documents, are under the protection of copyright laws, trademark law, Patent Law, Anti-unfair competition law of People's Republic of China, international copyright treaties and other intellectual property laws and regulations. Except those involved in Software or technologies authorized by a third party, Yilian enjoys the above intellectual property.
The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way of any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree not to remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
The Software is licensed to use, not sold. Intellectual property 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. Without the prior written consent of Yilian, you may not use the Software or any part thereof for commercial purpose and you may not implement, use, transfer or permit any third party to implement, use or transfer the above intellectual property for the purpose of profit or nonprofit. Yilian reserves the right to investigate the above behaviors unauthorized.
The Agreement does not grant you any rights in connection with any trademarks or service marks of Yilian.
(a)Dou Call’s calling rates and charges are provided within the App and are incorporated into this Agreement by reference. The rates and charges depend on several factors, including, but not limited to, location, user’s location, and any current promotions that may be available. You are responsible for checking all applicable rates and charges prior to placing a call with the App. We may change the billing period or the rates and charges at any time by posting changes on the website. Any change that is required by law or governmental authority will be effective immediately.
Charges for calls are measured in whole minutes and fractions of a minute will be rounded up to the next whole minute. Timing of the call begins when the call is answered by your contact, including voicemail or an automatic reply. Timing of the call ends when the user hangs up or when Dou Call receives a signal that the call has terminated from the terminating carrier.
All calls are pre-paid. You may add to your account balance at any time through the App. When a call is charged against your account, we will charge against available balance purchased by you. You agree to pay for the rates and charges listed in App. You acknowledge that calls in progress may be terminated if your account balance is insufficient to cover the cost of continuing the call.
All rates and charges are reflected in U.S. dollar amounts and all payments must be made in U.S. dollars.
Amounts used are non-refundable. You acknowledge and agree that if we discontinue the services while your account is active, we are not obligated to refund you any of the prepaid amounts you purchase. Only make prepayments to your account if you believe that you will use the balance.
Prepaid amounts you purchase will remain credited to your account and will not expire so long as your account remains active. If your account expires, you acknowledge that we are not obligated to refund you any prepaid amounts purchased by you.
(b) Dou Call offers cost-saving calling plans specifying a fixed price for specified destinations and time periods. We also offer recurring calling plans which renew on a periodical basis and are a type of subscription. Our calling plans, including the unlimited plans, are intended for individual use only and are subject to our Fair Usage Principles to prevent fraud and misuse. They also exclude special, premium, service, satellite, and non-geographic numbers. We may terminate your subscription and/or offer you an alternative calling plan if we notice that your usage is in breach of our Fair Usage Principals. We reserve the right to change our calling plans and subscriptions or stop offering them at any time. Reduction to the prices of our calling plans will not affect previously purchased and existing calling plan(s). For Subscriptions which include a bundle of features, we will notify you in the event that the types of products in the Subscriptions change and you will have the right to terminate the subscription. Unused minutes will not roll from one month to the next.
(c) The charges for other Dou Call products or features will be confirmed to you before you complete a purchase from Dou Call. Dou Call may change the prices of such products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable product. The new prices will apply to your next purchase after the new prices have been published.
(d) From time to time, Dou Call may offer products or features available at no charge for a trial period, at Dou Call’s sole discretion, including duration and scope of no charge offers. However, Dou Call reserves the right to charge you for such products (at the normal rate) in the event that Dou Call determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other device or anonymous IP address that prevents us from locating you.
(e) Dou Call may collect VAT or other indirect taxes at the applicable rate for the particular country (as per applicable tax rules) at the time of purchase of Dou Call Credit or at the time you use the Dou Call Credit.
(f) Credits in your account will expire if you do not consume within 6 months (including earned by doing tasks). You have only one chance to renew for 30 days for the first expiration. You can extend the validity period by recharging or collect credits from reward tasks. A new recharge will extend validity period to 180 days. If the expiration date is within 30 days, a successful reward task will extend the validity period to 30 days.
(g) Payment for Subscriptions (e.g. premium plans, recurring calling plans) are made on a recurring payment basis, weekly, monthly, quarterly or yearly. This means that you agree that at the applicable recurring intervals your payment method will be charged, until you actively elect to terminate the Subscription.
(h) In the event of any errors relating to the pricing or specifications, Dou Call have the right to refuse or cancel any orders at its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
(i) For iOS users: Manually turn off the auto-renewal function within 24-hours prior to the end of the current period: "Settings" → "iTunes Store and App Store" → "Apple ID" → "View Apple ID" Settings page Click "Subscribe" → Cancel Dou Call Calling Plan subscription.
For Android users: Go to Google Play: "Account" → "Subscriptions" → Cancel Dou Call Plan subscription.
Yilian reserves the right to amend this Agreement at any time by publishing the revised Agreement on the website. Your continued use of the software shall constitute your acceptance to be bound by the Agreement.
You may terminate your use of the software at any time by uninstalling and deleting the software from all of your devices. Yilian reserves the right to terminate the Agreement and your use of the software at any time and for any reason or no reason at all. Upon termination of the Agreement, you shall cease all use of the software, and destroy all copies, full or partial of the Software. The provisions contained herein shall survive termination of this Agreement.
The Agreement does not grant you any rights in connection with any trademarks or service marks of Yilian.
You expressly acknowledge and agree that use of the software is at your sole risk. To the maximum extent permitted by applicable law, the software is offered on an “as-is” basis and no warranty, either express or implied. Yilian expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Yilian, its affiliates, subsidiaries, parent companies, agents, partners, or employees be liable to you or any third party in any respect for any losses, liabilities, claims or damages of any kind, whether direct, indirect, incidental, consequential, special or punitive, or for loss of revenue or profits, loss of data, loss of business, or any other damages, arising out of or in connection with the software, the Agreement or the performance, suspension, termination or breach hereof, even if Yilian or any other Yilian party has been advised of the possibility thereof. Yilian shall have no liability in connection with or arising from the Agreement or use of the software.
You agree to hold harmless and indemnify Yilian, and its affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the service or the software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Yilian will provide you with written notice of such claim, suit or action.
The Agreement will be governed by and construed in accordance with the laws of People’s Republic of China. Any claims, legal proceeding or litigation arising in connection with the software will be brought solely in people’s court of the place where Yilian is located, and you consent to the jurisdiction of such courts.