Terms of service
1. General
1.1. Ringzz System (in further text: Ringzz) is specialized communications system developed, produced and provided by DEL systems d.o.o. Čačak, Republic of Serbia (in further text: Provider) with support for various operating systems, that allows registered users to communicate, share information and data in a confidential and secure way, within closed system and between pre- authorized participants. Ringzz uses an advanced end-to-end encryption protocol that provides privacy for every communication every time, which allows creation of encrypted groups within which users can have private group chats, voice messages, send contacts, location information and share media or attachments.
1.2. Ringzz products and services are available for use only by authorized Users in accordance with the terms and conditions set forth in this TOU. By using Ringzz or any of its parts, User agrees to be bound by the following terms and conditions and that these TOU are enforceable like any signed written contract.
2. Personal Data
2.1. In using Ringzz products and services (including, but not limited to creating User account) User may be required to provide certain personally identifiable information, retention and use of which are subject to the Ringzz Privacy Policy, incorporated herein by reference. Use of Ringzz or any of its parts signifies that User has read, understood and agreed with the terms of the Privacy Policy.
3. Intellectual Proprety / Limited use license
3.1 Ringzz is protected by the laws of Republic of Serbia and other international intellectual property regulation. All rights and title in and to the Ringzz and Ringzz products are owned by Provider. Provider reserves all rights in connection with the Ringzz, including, without limitation, the exclusive right to create derivative works there from, and User agrees that it will not create any work of authorship, inventions or other IP based on the Ringzz except as expressly permitted by Provider.
3.2. Subject to the terms and conditions of this License Agreement and User’s agreement therewith, Provider hereby grants to User and User hereby accept a limited, non-exclusive, non- transferable and revocable license to use Ringzz or certain parts of it and accompanying services (if any), as the case may be.
3.3. The limited license granted is subject to the additional limitations set forth below. Any use of the Ringzz in violation of the license limitations set forth below represents unauthorized use of the Ringzz outside of the granted license and will be regarded as an infringement of the IP rights Provider holds in and to the Ringzz. User agrees that will not, under any circumstances:
a) copy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Ringzz, or create derivative works based on the Ringzz;
b) modify or cause to be modified any parts and/or files that are part of the Ringzz in any way not expressly authorized by Provider;
c) use any unauthorized third-party software or hardware that interact with the Ringzz in any way, except as permitted herein, or automation programs, or any third-party programs that intercept, emulate or redirect any communication within the Ringzz;
d) make use of Ringzz in an illegal manner or for illegal or unauthorized purposes, or in any manner contrary to the declared or assumed purpose of the Ringzz products and services or any part of it.
3.4. Depending on the type of Ringzz service selected and under the above stated terms, Provider shall grant the User:
3.4.1. free license for use of Ringzz@Public Service that includes use of Ringzz public server maintained by Provider and use of Ringzz App.
3.4.2. under the commercial terms agreed between Provider and User, payable license for use of Ringzz@Cloud Service that includes hosting and use of dedicated Ringzz private server owned and maintained by Provider, and use of Ringzz App.
3.4.4. under the commercial terms agreed between Provider and User, payable license for use of Ringzz@Office Service that includes installation, use and maintenance of Ringzz App on private server owned and maintained by User and other contracted services.
4. Hardware / Connection requirements. Costs.
4.1. In order to use Ringzz products and services, User must meet the hardware and connection requirements, which may change over time. User must provide certain devices, software, and data connections to use Ringzz that are not supplied by Ringzz provider.
4.2. User is responsible for all carrier data plan, internet connection fees and other fees and taxes associated with use of Ringzz products and services.
4.3. Depending on the type of Ringzz service contracted User or Provider shall provide hardware and software infrastructure for hosting Ringzz Server and/or its instances. In any case, server never has access to any of User communication and does not store any of transmitted data permanently. Our policy and rules regarding storage and removal of communicated data is governed by our Privacy Policy.
5. User Account / Client App
5.1. Depending on the type of service selected, in order to use Ringzz products and services, User must:
5.1.1. download appropriate Ringzz Client application (in further text: Client App) from either one of the official app stores or Ringzz web site for Ringzz@Public Service;
5.1.2. register with Operator on Ringzz website and download appropriate Client App for Ringzz@Cloud or Ringzz@Office Service.
5.2. User must also verify its Ringzz account (in further text: Account) through Client App and a Third Party Service (SMS) using its phone number (which in case of Ringzz@Cloud or Ringzz@Office Service has to be preauthorized by server administrator / owner). Account can be used for the purposes of obtaining latest updates and patches for Ringzz products and services, receiving information regarding the Ringzz and for providing information that User may determine from time to time.
5.3. User must be a natural person or a legal entity (e.g. corporations, limited liability companies, and/or partnerships), to download the Client App and create an Account. Accounts created by "bots" or other automated methods are not permitted. By entering into this agreement and creating an Account, User represents that it has the legal capacity to enter into a contract in the jurisdiction where it resides/has seat.
5.4. User obliges to supply accurate and complete information requested in order to complete the signup process to open an Account and to update that information promptly after it changes. All of the information provided will be governed by the terms and conditions of this TOU and the Privacy Policy. The information will be used for a variety of internal purposes, including without limitation, to maintain the Account, to ensure that User’s Account is unique, to deal with security, debugging and technical support issues, and for possible payment-related issues.
5.5. User acknowledges that, if any information provided is untrue, inaccurate, not current or incomplete, Provider reserves the right to terminate User’s Account, and/or User’s access to and use of the Ringzz or any of its parts.
5.6. User agrees to comply with this TOU on behalf of itself and any third persons whom it has authorized to access and use its Account. User further agrees that it is entirely liable for all activities conducted through its Account, and is responsible for ensuring that it and/or authorized third parties are aware of, understand, and complies with this TOU and any and all other rules, policies, notices and/or agreements.
5.7. User is responsible for maintaining the security of its Account. Provider cannot and will not be liable for any loss or damage from failure to comply with this security obligation.
5.8. User may cancel its Account at any time for any reason or for no reason. Provider reserves the right, at any time and without prior notice, to remove or disable access to User’s Account it determines in it sole discretion to be in violation of these TOU or applicable legal rules.
6. User Content
6.1. “Content” means any communication, sounds, text, data, graphics and all the material and information that User creates, uploads, receives or transmits through the Ringzz, any information sourced and/or made available by User, all activity that occurs under Account and Client App.
6.2. Any and all Content transmitted through Ringzz system shall be end-to-end encrypted, ensuring that only the designated recipient and no one else including Ringzz server can decrypt the communicated Content and User will have absolute and complete control of the security environment. 6.3. Provider does not have access to, and cannot and will not pre-screen, monitor, view, read or affect the Content in any way. This shall be the case irrespectively of whether Ringzz servers are hosted on User (or its designated administrator) dedicated or virtual servers, or on Provider provided or designated servers.
6.4. Provider hereby acknowledges and User agrees that User remains fully responsible for and is the owner of any and all Content. User represents, warrants and agrees that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Provider and Provider will not be liable for any use or disclosure of the Content.
7. Modifications to Ringzz
7.1. Without prejudice to rules regarding confidentiality, title on and access to Content set forth in clause 6. of this TOU, Provider reserves the right at any time and from time to time to modify, update or suspend temporarily or permanently, or restrict access to any software features or parts of Ringzz, with or without prior notice or liability to User or any third party.
7.2. User also understands and agrees that any such changes or updates might change the system specifications necessary to access and/or use Ringzz and in such case User is solely responsible for purchasing any necessary additional software and/or hardware.
7.3. Any new features that augment or enhance the current Ringzz product and/or services including the release of new tools and resources, shall be subject to the TOU.
8. Third-party services
8.1. User understands and accepts that Provider uses third party vendors and partners to provide the necessary hardware, software, networking, storage and related technology required to run the Ringzz. Ringzz products and services may allow User to access, use, or interact with third-party websites, apps, content, and other products and services, including payment services. In such cases terms and privacy policies of such third-parties will govern your use of those services.
8.2. User understands that the technical processing and transmission of information regarding use of Ringzz, including but not limited to cases in which third-party services are employed, but NOT including Content in any case, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
9. Warranty Disclaimer
9.1. Use of Ringzz and any of its parts is at User’s sole risk. Ringzz products and services are provided on an “as is” and “as available” basis without warranties or representations of any kind, express or implied, except those explicitly given in this TOU. To the fullest extent permitted by applicable law and unless specifically otherwise agreed between Provider and User, Provider disclaims all warranties, express or implied, which might apply to its products and services, including without limitation, implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance or usage of trade, and any warranties as to the accuracy, reliability or quality.
9.2. Provider does not warrant that the Ringzz products and services will be uninterrupted or error-free, that defects will be corrected, or that they are free of viruses or other harmful components.
9.3. User assumes all responsibility for selecting adequate products and services to achieve its intended results, and for the installation, use of and results obtained from such products and services.
10. Indemnification
10.1. User agrees to defend, indemnify, and hold Provider, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, costs and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) access to, use or misuse of Ringzz services and products; (ii) violation of these TOU or Privacy Policy; or (iii) violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by User.
11. Limitation of Liability
11.1. User expressly understands and agrees that Provider will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if it has been advised of the possibility of such damages or should have known of the possibility of such damages), resulting from: (i) the use or the inability to access or use Ringzz products and services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Ringzz products and services; (iii) unauthorized access to or alteration of Content; (iv) statements or conduct of any third party on Ringzz products and services; (v) or any other matter relating to Provider products and services.
11.2. Having no access or monitoring rights over Content, Provider shall have no responsibility and shall not be liable for any damages, fees, fines, material or other kind of liability that might arise out of use or misuse of Content.
11.3. In no event shall Provider be liable for any damages in excess of any amount User has paid to Provider for related transactions, if any, during the six (6) months immediately prior to the time User’s cause of action arose.
12. Agreement Modifications
12.1. Provider reserves the right in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms the TOU, from time to time and without advance notice. If Provider modifies TOU, it will post the modification on its website or provide User with notice of the modification. User is responsible for checking TOU periodically for changes.
12.2. If any future changes to this TOU are unacceptable to User or cause it to no longer be in agreement or compliance with this TOU, User must terminate its Account(s) and immediately stop using Ringzz. Continued use of Ringzz or any of its parts following any revision to this TOU without delivering notification of termination to Provider, constitutes User’s complete and irrevocable acceptance of any and all such changes.
13. Miscellaneous
13.1. This agreement represents the complete agreement between User and Provider concerning its subject matter, and supersedes any prior or contemporaneous agreements between User and Provider, provided however that this agreement shall coexist with Privacy Policy.
13.2. Provider shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond its control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
13.3. User agrees that no joint venture, partnership, employment, or agency relationship exists between it and Provider as a result of this TOU or use of Ringzz.
13.4. Provider’s failure to enforce any provision of this TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Provider of any provision, condition or requirement of this TOU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
13.5. If any provision of this TOU is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this TOU shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.