Terms and Conditions
1. Ownership
In compliance with the Law 34/2002 on Information Society Services and
Electronic Commerce (LSSICE), we inform that this site is owned and operated
by Smart Vice S.L, a Spanish company with registered address at Av.
Cerdanyola 75 - 1st, Sant Cugat del Valles, 08172, Barcelona, Spain.
Tax Identification Number: B16766107
Email: [email protected]
2. Acceptance
This website and the SMS information service called Callfy (hereinafter "the
Service") are available to any user, for their own use, and subject to the
following terms and conditions: these Terms of Use and Contracting (hereinafter
TUC), our Privacy Policy, and Cookie Policy.
By using the Service, you agree to these TUC and the rest of the terms and conditions.
You agree not to use this site for illegal purposes.
3. Service Description
Through the Service, Callfy allows obtaining current information about a person
who consents to provide such information. The Service allows sending an SMS
to the recipient to obtain full name, phone number, current address, and
profession. If the message recipient expressly accepts, the recipient's
information at that particular moment is shared by the requester.
In no case does the Information go beyond the specific moment it has been
accepted.
The monthly payment of the service does not guarantee that the person sought
will provide all the information, it only provides the means to achieve that goal,
but in case the person has the stolen, turned off, or does not accept the link we
send in the SMS, we will not be able to obtain their information.
4. External Links
It may be that from the Service you are sent to other websites through links.
However, Callfy does not control those sites or their content, which in fact are
subject to their own terms and conditions. Therefore, Callfy is NOT responsible
for the quality, truthfulness, or accuracy of those sites.
5. Age
Regarding the use of the Service, you declare that you are of legal age and that
you have the necessary legal capacity to be bound by this agreement and to
use it in accordance with its terms and conditions, which you understand and
acknowledge in their entirety.
You declare that all the information you provide to access the Service, before
and during its use, is true, complete, and accurate.
6. Intellectual and Industrial Property
The content and information of the Service (among other data, text, sound,
image, or computer code), as well as the infrastructure used to provide such
content and information, is the property of Callfy or has the corresponding
authorizations for its use.
Furthermore, the modification, reproduction, duplication, copying, distribution,
sale, resale, and other forms of exploitation for commercial purposes or
equivalent of the Service are prohibited.
For any other use of the content of the Service, you need our prior written
consent.
7. User Content
You can contribute to the Service by sending us messages to our email address
or through the contact form (hereinafter "Content").
We may use your Content in various ways, such as displaying it on the website,
reformatting it, translating it into other languages, editing it for clarity, correcting
errors, promoting it, or distributing it.
Therefore, by sending us Content, you grant Callfy a worldwide, non-exclusive,
free, until the withdrawal of the content, transferable, and sublicensable license
on that Content.
This means that the content remains yours, but Callfy, thanks to that license of
use, can: a) use, reproduce, modify, adapt, translate, distribute, and publish the
Content, create derivative works from it, display it, and exhibit it worldwide, by
any known means and for any legitimate purpose; and b) use the name you
send in relation to that Content.
However, Callfy reserves the right not to publish content or information that is
false, illegal, misleading, or contrary to the rights of third parties.
8. Price and Taxes
The prices of the plans offered on Callfy are indicated in various currencies and
include the applicable value-added tax (VAT) for these services in Europe.
In the event that the place of residence or domicile of the client is another
member state of the European Union or a third state, the price of the plan may
be modified if the applicable tax rate is different.
9. Payment Methods
Payment for the contracted Service can be made:
- By credit or debit card VISA or MasterCard, with the amount being charged at
the time of purchase of the products.
In this regard, Callfy informs credit and debit cardholders that it is responsible
for transactions in the online store. These are carried out on a secure page,
using SSL technology to ensure the security of data transmission.
10. Validity of Offers
The Service offered, and the prices of its eventual plans or modalities, will be
available for acquisition while they are accessible through this website.
In any case, Callfy reserves the right to make modifications to the Service that it
deems appropriate, being able to update products and services based on the
market.
Regarding the prices displayed on the website, Callfy reserves the right to
change them without prior notice.
We inform you that despite the updates made to the prices of the Service, they
may contain mistakes. We will promptly correct any errors that appear, but they
will not be binding on the Service.
11. Guarantees
All rights guaranteed by current laws as a consumer and user are guaranteed.
In any case, while Callfy will make all reasonable commercial efforts to provide
the Service, you understand that: a) user information requires the express
consent of the recipient, and; b) that even with their consent, the state of
technology does not guarantee that their information will always be obtained or
that it can be treated with sufficient accuracy.
In any case, and to the extent permitted by law, Callfy reserves the right to
refuse, suspend, or cancel the provision of the Service at its sole discretion.
12. Liability
By using the Service, you confirm that: a) you have obtained the information
you intend to locate in a lawful manner and with the prior consent of its owner,
and; b) you do not intend to use the Service for any unlawful purpose.
Furthermore, to the extent permitted by applicable law, Callfy shall not be liable
for any eventual loss of data or programs resulting from the use of the Service.
13. Security
On the other hand, Callfy guarantees the security of the Service in accordance
with current technological knowledge.
However, Callfy cannot guarantee the total security of the Service, although it
undertakes to remedy and implement appropriate corrective measures to rectify
any security flaws as soon as possible.
The user agrees to notify the Service, immediately and via email to
[email protected], of any loss of information, unauthorized access, or use by
third parties, or any situation that could lead to identity theft of other users.
Callfy shall not be liable for any damages that may arise from the use of the
Service if it originates from unforeseeable technical problems or, if foreseeable,
are unavoidable. Similarly, Callfy shall not be liable when the defective actions
of the user, whether sender or recipient of the message, cause harm.
14. Subscription and Refund
You access the service using a 24-hour trial for €0.50,
and after that time, if you
do not cancel the account, your subscription to the service is monthly for an
amount of €39.99 and will be automatically renewed for the same period of time
until termination. (Subscription Price will change depending on the country).
Unless you cancel your subscription, you authorize us to charge the
corresponding monthly subscription fee to your payment method.
You can cancel your subscription to the Service anytime, and you will continue
to have access to it until the end of your monthly billing period. To the extent
permitted by law, payments are non-refundable, and we do not provide refunds
or credits for partial monthly subscription periods.
To cancel the Service or request a refund, access your profile or contact us at:
[email protected]
If the credit card with which you signed up for the service does not have
sufficient funds at the time of the monthly charge, the account will be canceled
immediately.
15. Withdrawal
If you contract the Service, you will be contracting the supply of digital content
not provided on material support.
Therefore, from the moment the content has started to be executed, you accept
and understand that this contract is not subject to the right of withdrawal as
established in article 103 m) of the General Law for the Defense of Consumers
and Users, approved by Royal Legislative Decree 1/2007, of November 16.
16. Modifications and Nullity
We may update the terms and conditions of the Service in the future, as well as
the characteristics and functions of the Service itself.
We will inform you of changes to terms and conditions by placing a notice in a
prominent place on our website and/or by email.
If any clause included in our terms and conditions is declared, totally or partially,
null or ineffective, it will only affect said provision or the part of it that is null or
ineffective. Our terms and conditions will remain in force in all other respects,
and such provision, or the affected part of it, will be considered as not included.
17. Claims and Actions arising from the contract
This service is governed by Spanish law.
In order to simplify the resolution of claims through civil channels and reduce
costs, we do not exclude the possibility of submitting to an Equity Arbitration of
the Arbitration Court of the Chambers of Commerce and Industry.
In this regard, and according to applicable regulations, Callfy informs about the
existence of a European platform for online dispute resolution that facilitates the
extrajudicial resolution of such disputes for contracts also concluded online
between consumers and Internet service providers. This platform can be
accessed through the following website: http://ec.europa.eu/odr
18. Contact
For any clarification, incident, or claim, you can contact us through:
Email: [email protected]
Address: Av. Cerdanyola 75 - 1st, Sant Cugat del Valles, 08172, Barcelona, Spain.