Calo Care Terms of Service

Last updated: 25 November 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY.

1. About These Terms of Use

These Terms of Service ("Terms") form a legally binding agreement between OSENGO ("we" or "us") and you ("you" or "User"). Please read these Terms carefully. If you are under the age of 18, you may only use the Services with the consent of your parent or legal guardian. Ensure that your parent or legal guardian has reviewed and discussed these Terms with you.

By accessing or using our Services, you confirm that you are capable of entering into a binding contract with OSENGO, that you agree to abide by these Terms, and that you acknowledge the possibility of updates. Your access to and use of our Services are also subject to our Privacy Policy (which is an integral part of these Terms) and our Cookie Policy (which is incorporated into the Privacy Policy). These policies detail how we collect, use, share, and store your personal data. By using the Services, you consent to the terms outlined in the Privacy Policy.

Our app download or purchase pages may contain additional terms, conditions, and requirements, which are considered part of these Terms. If you download or purchase our Apps through an online store such as the Google Play Store or the Apple App Store ("Online Store"), please review the terms and conditions of that store, as they may impose additional requirements for downloading, installing, and using the Apps.

The Services may contain specific rules, controls, and guidelines, which can be found within the Services themselves and are related to how the Services are used. These rules, controls, and guidelines are part of these Terms, and you agree to follow them.

If you do not agree with any part of these Terms, please do not use or access OSENGO's Services in any manner.

2. Changes and Severability

We may amend these Terms periodically. At our discretion, we reserve the right to modify, add, or remove portions of these Terms at any time by posting the revised Terms. In the case of significant changes, we will make commercially reasonable efforts to notify all users about the changes. The "Last Updated" date at the top of these Terms will reflect the effective date of the changes. Unless otherwise stated, changes are effective immediately upon posting. By continuing to use or access the Services after the new Terms are posted, you accept the updated Terms. If you do not agree to the new Terms, you must stop using the Services.

If any part of these Terms is found to be illegal or unenforceable, the rest of the Terms will remain unaffected and will continue to be valid, binding, and enforceable.

3. Requirements to Use

We also reserve the right, at our sole discretion, to modify or discontinue any part of our Services or remove or edit content at any time, with or without notice. If such changes occur, your right to use these Services or any part thereof may be automatically suspended or terminated.

Transmission of information over both wireless and wired networks is not inherently secure. We use various tools to protect your personal data from unauthorized access or disclosure, but we cannot guarantee that your personal data or private communications will always remain private when using our Services. You accept all responsibility for security risks and any potential damage that may result.

You are solely responsible for taking reasonable steps to secure your device from unauthorized access (such as using complex passwords).

U.S. GOVERNMENT RESTRICTED RIGHTS: Our Services have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Any use, duplication, or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in DFARS 252.227-7013 or FAR 52.227-19, as applicable.

Any download or use of our Services must comply with all relevant international, U.S., or EU laws, including sales, export, or import restrictions. You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting" by the U.S. Government; (ii) you are not listed in any U.S. or EU sanction list of prohibited or restricted parties; and (iii) you comply with relevant U.S. and EU sanctions and embargo laws.

4. Purchases in the Services

• In-app Purchases:

When you make in-app purchases ("Virtual Items"), payment may be processed either by third parties on our behalf or directly by the Online Store owner. If you download our Apps from the Online Store, your purchase will be governed by the platform's payment terms and conditions. Please review the terms of the relevant platform for additional information. For payment issues, you must contact the respective Online Store owner directly.

Although you may "earn," "buy," or "purchase" Virtual Items, you do not legally "own" these items. The amounts of Virtual Items do not reflect real currency or its equivalent, and any "virtual currency" balance shown in your account is not a real-world balance but a measure of your limited license.

Please note that you only purchase a limited, revocable, non-transferable license for personal use of Virtual Items within the Services. Virtual Items are not "sold" to you. You acknowledge that you do not own any Virtual Items obtained through the Services, whether earned or purchased.

When making purchases, you agree that the digital content will be immediately available to you, and that you forfeit the 14-day cancellation period and any right to refunds (for EU and EEA residents).

• Subscriptions:

Some of OSENGO's Apps may offer subscription-based services. By purchasing a subscription, you are entering into a recurring contract and authorizing us to charge a recurring fee at the rate quoted at the time of purchase. For subscription services purchased through platforms like Apple or Google, the platform will charge you, and its payment terms will apply.

Trial subscriptions are offered free for a certain period, after which, if not canceled, they will automatically convert to paid subscriptions. You can cancel the subscription during the trial period through your account settings.

Your subscription will automatically renew unless you cancel before the renewal date. If payment cannot be processed due to insufficient funds or other issues, your subscription will be automatically canceled. Paid subscription fees are non-refundable, except where required by law.

OSENGO is not obligated to provide refunds, and no compensation (monetary or otherwise) will be provided for unused Virtual Items if an account is closed, whether voluntarily or involuntarily.

5. Ownership And License

OSENGO shall own all rights, titles, and interests (including but not limited to the ownership, intellectual property rights, neighboring rights, and other rights and interests) in and to the OSENGO Services under this Agreement. You acknowledge that your use of the OSENGO Services does not confer you any right or interest in any aspect or feature of it. Your use of the OSENGO Services may cease to be available to you at any time without prior notice in the sole discretion of OSENGO.

Any or all of the OSENGO Services (including trade secrets, database rights, copyright, patent, trademark, and other intellectual property rights and interests thereof) are copyrighted and protected by applicable laws (including but not limited to copyright laws and international treaties).

OSENGO remains the sole owner of rights, titles, and interests (including intellectual property rights, neighboring rights, and other rights and interests) in and to the OSENGO Services. You acknowledge and agree that you may not have any right or interest as a result of using the OSENGO Services, except as explicitly granted to you under this Agreement.

6. User Generated Content

In certain areas of the Services, you may be able to interact with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("User Generated Content" or "UGC"). Your posting of UGC is subject to the Terms and the following Posting Rules:

• You are solely responsible for all information posted and/or transmitted through the Services, including User Content posted in forums, blogs, and player chat features. Please avoid sharing or posting confidential information.

• You represent, warrant, and affirm that your User Content is accurate, does not violate applicable laws or rights of others, that you have the necessary permissions or rights for any third-party content, and that such UGC is free from malware, viruses, adware, spyware, or any malicious code.

• You agree not to submit any unlawful, defamatory, harassing, obscene, violent, or otherwise inappropriate content. We do not assume responsibility for user behavior or the monitoring of User Content.
You understand and agree that the OSENGO may delete any UGC at any time, without notice, if it deems you in material breach of these rules or applicable laws. OSENGO assumes no liability for removed content and reserves the right to permanently restrict access to Services.

7. Ownership and License of UGC

After posting your UGC, you retain all ownership rights in such content, but grant OSENGO a non-exclusive, irrevocable, worldwide, royalty-free license to edit, adapt, publish, modify, reproduce, distribute, display, and use your UGC in any media, for any purpose, perpetually, without payment to you. You agree to waive any moral rights in relation to your UGC.

• You represent and warrant that you solely own the UGC you submit or have the right to grant the license provided. You also affirm that your UGC does not infringe on third-party rights or privacy.

• You agree to cover all royalties or fees arising from any third-party rights related to your UGC. You are not permitted to use other users' UGC without their permission.

8. User Feedback

If you provide feedback or suggestions regarding the Services, you grant OSENGO a perpetual, royalty-free, worldwide license to use such feedback, including incorporating it into the Services, without obligation to compensate you.

9. Links to Third-Party Websites or Resources

The Services may contain links to third-party websites or resources. These links are provided for convenience only, and OSENGO is not responsible for the content, products, or services on these third-party sites. You bear the risk associated with using these third-party resources.

10. Indemnification

If you breach these Terms or applicable laws, and this results in loss, damage, or liability to OSENGO, you agree to indemnify and hold OSENGO harmless from any claims, damages, or expenses (including legal fees). You agree to cooperate with OSENGO in defending any legal actions, and you may not settle any matter without OSENGO's written consent.

11. Limitation of Liability

• Your use of the Services is at your own risk. OSENGO provides the Services "AS IS" and "AS AVAILABLE" without warranties of any kind. OSENGO disclaims all warranties, including those of merchantability, error-free operation, or suitability for a particular purpose.

• OSENGO assumes no liability for errors, mistakes, or inaccuracies in the Services, or for personal injury, property damage, loss of profits, or data due to your use of the Services.

• OSENGO is not liable for interruptions, viruses, or any third-party-related damages that affect your experience.

• In no event shall OSENGO be liable for indirect, incidental, special, punitive, or consequential damages, even if it was advised of the possibility of such damages.

• The maximum liability of OSENGO will not exceed the total fees paid by you during the three months prior to your claim.

These limitations apply even if any remedy provided by OSENGO fails to address your damages adequately.

12. Wavier Of Our Rights

Our failure to exercise or enforce any of our rights under the Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

13. Terms, Termination And Survival

A. Term
The term of this agreement commences on the date you first indicate your acceptance of the Terms and will continue in effect until otherwise terminated in accordance with the Terms. OSENGO reserves the right to suspend, discontinue, enhance, update or otherwise modify the Services (or any of its features or functionalities), or their availability to you, at any time without providing any prior notice.

B. Termination

• Without limiting any other rights of OSENGO, these Terms will terminate automatically without prior notice if you fail to comply with any term or condition of these Terms or any agreements or policies referred herein. You may also terminate these Terms by deleting the OSENGO App(s) from all devices on which you've installed and immediately stop your use of the OSENGO Services. Upon any termination, you shall no longer exercise any of the rights granted to you and you must destroy all copies of the OSENGO App(s) in your possession.

• Despite the termination/expiration of this Agreement, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of OSENGO and the authorization (if any) granted to OSENGO shall still remain in effect and survive the termination of this Agreement.

C. Survival Of Terms
All provisions of the Terms with regard to privacy, intellectual property rights, ownership and license of UGC, user feedback, warranty disclaimer, limitations of liability, indemnification, governing law, severability, waiver of our rights and dispute resolution will survive the termination.

14. Governing Law

• The provisions of the Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus without reference to conflict of law rules and principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to the Terms is hereby expressly excluded.

• These Terms and any action related thereto will be governed by the laws of the State of California without regard to its choice of law or conflict of law principles. Further, you and we agree to the jurisdiction of the courts in Santa Clara County, California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services (and any non-contractual disputes/claims relating to or arising in connection with them).

• SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES CONFIRM THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.

15. Dispute Resolution

Most concerns can be solved quickly by contacting us at [email protected]. If you have any questions or need assistance, please reach out to us, and we will do our best to help you resolve the issue.

16. Force Majeure

Neither you nor we will be liable for any failure to perform any obligation under the Terms or to provide access to Services if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control, including without limitation, war, terrorism, riots, embargoes, Internet outages, network infrastructure failures, natural disasters, fire, flood, or act of God.

17. Other Terms

A. Entire Agreement
These Terms (including the Privacy Policy and Cookie Policy) constitute the whole legal agreement between you and OSENGO and govern your use of the Services and completely replace any prior agreements between you and OSENGO in relation to the Services.

B. Assignment And Novation
We can assign, novate, subcontract or otherwise transfer the Terms to a third party or an affiliate of OSENGO if necessary for the support of our Services, as part of any reorganization, change of control, or for any other business reasons. You may not assign or transfer your rights or obligations under the Terms to anyone without first obtaining our written consent. Any attempt to assign without our consent is void.

C. Informal Process First
You agree that in the event of any dispute between you and OSENGO, you will first contact OSENGO and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

D. No Beneficiaries
The Terms govern the relationship between you and us and does not create any rights for anyone else. Notwithstanding the foregoing, in the event of a valid assignment or transfer, the Terms shall be binding on and inure to the benefit of the relevant party's representatives, successors, and permitted assigns.

E. No Right To Obligate The Other
The Terms does not create a partnership, joint venture, or similar relationship between the parties, and neither party will have the power to obligate the other party in any manner whatsoever.

F. Governing Language
OSENGO may translate these Terms into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.

18. Contact Information

If you have any questions about these Terms of Use, please contact us at [email protected].