Terms of Service

Welcome to RingyaTM, the next generation smartphone address book service owned and operated by Ringya Ltd. (“Company”, or “we”, “our” or “us).
Please read carefully these terms of service (the “Terms”) and the Privacy Policy. By clicking “I accept”, you indicate that you have read and understood the Terms and the Privacy Policy and that you agree to be bounded by them. If you do not agree to the Terms or the Privacy Policy in their entirety, you must not use the Service in any way.

The Service

Ringya™ is a cloud-based service and smartphone app (both collectively, the “Service“), for sharing and organizing contacts and contact groups (which are named “Rings”) and communicating with them, including (but not limited to), by calling and sending text messages and emails.

Your Responsibilities

You may use the Service only for your own purposes. You may not redistribute the Service commercially or otherwise exploit or have others exploit it in order to create your own software or service.

You are solely responsible for all acts or omissions associated with your use of the Service and the use of the Service by anyone on your behalf. You must abide by all applicable laws, including those laws governing privacy and spam.

When using the Service, you must refrain from willfully, or carelessly –

  • breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;
  • violating privacy rights of third parties, including your contacts;
  • submitting false, inaccurate, illegal or misleading contact information;
  • interfering with or disrupting the functionality of, the Service;
  • using robots, crawlers and other applications to collect, compile or disseminate content of any kind from the Service;
  • posting or disseminating through the Service, content which may be deemed as:

(1)  malicious software, such as viruses, Trojan Horses, worms and spyware;

(2)  threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racist, constituting hate speech, or otherwise objectionable or unlawful;

(3)  unsolicited commercial messages (‘spam’), chain letters, or pyramid schemes.

License

Subject to the Terms, we grant you a worldwide, royalty-free, non-exclusive, non-transferrable, non-sub-licensable, revocable license to use the Service.

Registration and user account

You must register in order to use the Service. During registration, you will be required to provide your cell-phone number. Because your cell-phone number identifies your user account, the registration process may take measures to verify that the number you have provided is indeed your own. Your user account is non-transferrable.

If you are under the age of 18, you must obtain your parent’s or legal guardian’s consent before registering.

Ringya Coins

Certain features of and activities on the Service may be offered only in consideration for Coins (the “Coins”), as further specified in the app’s designated user interface menu (the “Coins Policy”) which is incorporated to these Terms by reference. If the Coins balance in your account is lower than the number of Coins required for a certain Service feature or activity, you may not be able to use that feature or engage in that activity.

We may grant you Coins without charge, in certain occasions that we deem desirable. Eligibility for free Coins will be as specified in our then-current Coins Policy.

Subject to these Terms, you may also purchase additional Coins and have them added to your account balance, at the rates and fees we prescribe in our Coins Policy.  All fees in our Coins Policy are quoted in US Dollars, unless expressly stated otherwise. Coins may be purchased only in the then-current payment methods and currency we implement.

We will add the appropriate number of Coins to your account balance only upon successful completion of the payment transaction or upon the occurrence, as documented in our systems and records, of an occasion or event entitling you to free-of-charge Coins.

Coins are not cash-equivalent and are not redeemable, refundable or exchangeable for cash, cash-equivalent, money order, check or any other form of payment or remittance. This applies also, but is not limited, to termination of the Service or termination of your account. You may not assign or transfer any Coins accumulated in your account to any third party.

The rates and fees listed in our Coins Policy may be subject to excise, sales, VAT or other taxes or surcharges, pursuant to the terms of payment prescribed by the third parties that provide us payment processing services (“Payment Solution Provider”, such as Apple or Google). You are responsible for and will bear the costs of all such applicable taxes or surcharges. We advise you to review the terms of payment prescribed by the Payment Solution Provider and make sure they are acceptable to you.

All payment obligations to Ringya are non-cancelable and all amounts paid to us are non-refundable. You are responsible for paying all applicable fees, whether or not you have actually accessed or used the Service or the Coins.

We may revoke Coins you have purchased if the respective payment transaction is subsequently denied or cancelled.

We may from time to time modify our Coins Policy at our sole discretion including, but not limited to changing the number of Coins required to utilize any feature of or activity on the Service, changing the applicable price for purchasing Coins and changing the manner, extent and occasions in which we grant you Coins at no charge. Any changes to the Coins Policy will not apply retroactively to Service features and activities you have already used, engaged in or initiated.

Our then-current Coins Policy in effect is at all times accessible through the app’s designated user-interface menu.

Ring Creation

Subject to these Terms, you may create a new Ring by sending us a request through the Ringya smartphone app menu or via email at rings@ringya.com (the “Request”). The Request must be accompanied by one or more files or other means we may support from time to time, which convey the contact details you designate for the requested Ring. The files or such other means must be formatted in one of our supported file formats and compliant with our pre-defined specifications, as further described in our guidelines (the “Guidelines”), which are incorporated to these Terms by reference. Be advised that your Request, like other features of and activities on the Service, may entail a charge of Coins, as specified in our Coins Policy.

We may decline your Request if we determine, at our sole discretion that it entails our unreasonable work-effort or does not comply with the Guidelines, such as, by way of example only, an incompliant file format or image quality or an unreasonable file size. If we decline your Request, we will so notify you. Your only recourse in such case will be to have the balance of your account refunded with the Coins Points we deducted upon the receipt of your Request.

Once we successfully complete processing your Request, your new Ring will be created and added to Service.

We may, from time to time and without prior notice, change our Guidelines in any manner we deem desirable, including, but not limited to introducing new supported files formats, discontinuing support for or modifying the specification of a previously supported format. You will have no plea, claim or demand with respect to any such changes.

Privacy

We respect your privacy. The Privacy Policy, incorporated into these Terms by reference, explains our privacy practices.

Intellectual property rights

All rights, title and interest, whether registered or not, including all intellectual property rights and goodwill, in and to the Service, are owned by, or licensed to us. We retain all trademark or service mark rights in the Service, and all applicable marks and logos.

Other than what is expressly supported by the features of the Service, you must not use in any way whatsoever, the content available on or through the Service, including without limitation, by redistributing,  commercially exploiting, reverse engineering or combining with other software or service.

You may not adapt or use otherwise any name, mark or logo that is identical or confusingly similar to any of our marks and logos. You must avoid any action or omission which may dilute or tarnish our goodwill.

We do not claim ownership or any Intellectual Property rights over your contact lists or groups of contacts known in the Service as “Rings”. You grant us, a royalty-free, perpetual, revocable, non-exclusive, worldwide, sub-licensable license to use the content you submit, to provide the Service to you and to others.

User contributed content

Before submitting content to the Service, including contact information, you must make sure you comply with all applicable laws, including laws concerning privacy and the use of personally identifiable information and information about minors.

You must not submit contact information that you know is inaccurate or not up-to-date.

By submitting contacts, contact groups and any other content, you represent and warrant that you are entitled to upload it, share it with others and grant us the rights hereunder.

Removal of content

Requests to remove copyright-infringing, privacy-violating or other unlawful content from the Service, should be submitted to this address: abuse@ringya.com.

Once we receive a request to remove content, we will determine, at our sole discretion, what action is appropriate. Our determination will be non-contestable. We therefore reserve the right to remove or modify any content that you submitted to the Service.

Apple

If you use the Service through an Apple device, then you agree and acknowledge that:

  • Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
  • You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
  • Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Export Control

You represent and warrant that: (i) your are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Suspension, Termination and Survival

You may terminate your account at any time, by selecting the appropriate option in the app or by submitting a request to support@ringya.com. Once your account is terminated, you will no longer be able to use the Service. Your own contact information will be removed from the Service and other users will no longer be able to use it.

At any time, we may, temporarily or permanently limit, suspend, or terminate your access to the Service, for any reason we deem justified, including without limitation, if we believe that you have abused your rights to use the Service or that you have breached the Terms or if you fail to accept an amendment in these Terms or our Privacy Policy. All other remedies available to us are explicitly reserved.

We may, at any time, terminate the provision of the Service, partially or in its entirety, either temporarily or permanently, at our sole discretion. You will have no plea, claim or demand with respect to any such termination.

The following clauses will survive termination: Intellectual property rights, Removal of content, Apple, No Warranty, Limitation of Liability, Indemnity, Changes in the Service, Governing Law and Jurisdiction, General.

NO WARRANTY

THE SERVICE IS PROVIDED FOR USE “AS IS”. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

The availability and functionality of the Service depend on various factors, which are not fault free. We do not warrant or guarantee that the Service will operate without disruptions or errors, or that it will be available at all times.

LIMITATION OF LIABILITY

THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS AND EXPENSES, EITHER IN TORT, CONTRACTUAL, OR ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF THE CONTENT PROVIDED THROUGH THE SERVICE, YOUR RELIANCE ON THE CONTENT PROVIDED THROUGH THE SERVICE, ANY FAILURE OR ERROR IN THE SERVICE, ANY FAULT OR ERROR MADE BY THE COMPANY’S STAFF OR ANYONE ACTING ON THEIR BEHALF, ANY COMMUNICATION WITH US, ANY DENIAL OR TERMINATION OF YOUR USER ACCOUNT, ANY RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OF CONTENT AVAILABLE ON THE SERVICE.

Indemnity

You agree to indemnify, defend and hold harmless, the Company and anyone acting on its behalf, at your own expense, from and against any damages, loss, costs and expenses, including attorney fees and legal expenses, resulting from any complaint, claim or demand, arising from, or in connection with your use of the Service or your breach of the Terms.

Changes in the Service

From time to time, we may change the Service’s feature, design or display, as well as the scope and availability of the content accessible therein, without prior notice. Changes of this type, by their very nature, may cause inconvenience or even malfunctions.

We do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result from them.

Changes to the Terms

From time to time, we may change the Terms. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Service thereafter indicates your acceptance of the amended Terms. The then-current Terms in effect are at all times accessible through the app.

Governing Law and Jurisdiction

The Terms and the Service will be governed by the laws of the State of Israel, without giving effect to any choice of law or conflict of law rules or provisions, which would result in the application of the laws of a jurisdiction other than the State of Israel.

Any dispute arising out of, connected with or relating to the Terms or the Service, will be under the exclusive jurisdiction of the competent court in the Tel Aviv district in Israel. General

The Terms constitute the entire agreement between you and the Company with respect to the use of the Service and supersedes any and all other agreements.

No waiver, concession, extension, representation, or alteration from the Terms or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by an authorized representative of the Company.

At any time, we may transfer ownership, rights and title in to the Service, or any part thereof, to any third party. You may not assign, transfer or delegate your rights or obligations under the Terms and any attempt contrary to the above is void.

Contact Us

You may contact us with any question about the Service, through the channels listed on our web site: www.ringya.com. We will make our best efforts to address your inquiry promptly.

Ringya™ Guidelines

The following guidelines (the “Guidelines”) describe the file formats and specifications that you must comply with when sending us a request to create a new Ring to the Service. The Guidelines are an integral part of our Terms of Use <provide here a link to the terms> and are incorporated to them by reference. Capitalized terms which are not defined in these Guidelines will bear the same meaning they have in the Terms of Use.

  • Definitions:
    • “Document(s)” means Word, Excel or PDF documents.
    • “Good Image Quality” means an Image which at least 98% of its content is successfully processed by our OCR.
    • “Image(s)” means JPEG, BMP or TIF images.
    • “Page” means an A4 or Letter (or size-equivalent) document consisting of strictly letters, conventional numerals (0-9) and separators (commas, dashes, etc.) in printed (not handwritten) form, using normal font type, size and spacing.
    • “Structured” means a document comprised of multiple records of contact information whereas each such record is comprised from the same set of contact fields and the layout of these contact fields is the same in all records.
  • Requirements:
    • File format must be either Documents or Images.
    • Images and Documents may contain text in only one of the following languages: English, Spanish or Portuguese.
    • Images and Documents must consist of Pages only. Image must not exceed 5 Pages; Document must not exceed 10 Pages.
    • Images must have Good Image Quality. Please be advised that the parameters primarily affecting image quality are the resolution of the camera or other image capture device, lighting conditions, camera stability during image capture and quality of the source document photographed or captured.
    • Images and Documents must be Structured. The most common example of a Structured document is a table. We will decline processing Images or Documents that contain non-Structured text.

Last updated: June 13th, 2013.