Dalily Terms of Service
Dalily Applications offers users (“Users” or "You") publically available global phone directory services implemented through Dalily – Caller ID application for mobile devices.
These Terms of Service (“ToS”) will govern Your use of Dalily’s applications, websites or other online services or services available within application including but not limited to APIs (all collectively “Services”), irrespective of release version and features. By accessing or using any of the Services, You agree to be bound by these ToS.
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.
Consent to Use of Data
You agree that Dalily, in accordance with the Dalily 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 Dalily Applications.
You further agree and guarantee that, we may collect, use and share certain information regarding the contacts contained in Your device’s phone book (“Contact Information”) or geo-location or any other information with other Users in accordance with the Dalily Privacy Policy in order to provide the Services. By allowing Contact Information to be collected, You give Dalily 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 through defined procedures.
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 Dalily 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 Dalily and other Users.
Dalily does not provide separate API or other services out of our own application, software or websites therefore 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 Dalily'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 Dalily, 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 Dalily 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 Dalily, You agree that Dalily 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.
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Dalily 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.
Dalily 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 Dalily Apps on any mobile device that You do not own or control. You may only redistribute the Dalily 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 Dalily 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 Dalily Apps).
The license does not allow You to use Dalily’s name, trademarks or other commercial symbols. All rights and licenses not expressly granted to You under these Terms shall be retained by Dalily.
In case You wish to use the Dalily Apps as a part of Your own application or modify the Dalily Apps, a separate agreement with Dalily is required.
No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DALILY 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 Dalily 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.
Dalily 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.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT DALILY 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, Dalily 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 Dalily Applications and cease use of the Services.
DALILY 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.
Dalily 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. Dalily 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.
If You have any additional questions about Dalily’s Terms of Service or want to make a request regarding certain information, You are encouraged to contact Dalily.
Support
Dalily strives to provide adequate and efficient technical support, upgrades and updates for the Services. Dalily 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.
Your right to use the Services continues until these Terms are terminated. Dalily may terminate them and Your use of the Services at any time. You may terminate them at any time by uninstalling the Dalily 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 Dalily 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 Dalily 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. Dalily reserves the right, at its own discretion, to remove any remaining balance resulting from prepaid fees without any right of refund.
Provisions of sections No Warranty, Limitation of Liability, and Termination shall survive any termination of these Terms.
Dalily 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 Dalily 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.
Dalily 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 Dalily website and provided the option to immediately terminate the Services. 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.dalilyapp.com