Last Updated: October 21, 2019
These Robo Shield Terms of Service (the “Agreement”) are the terms under which Pango makes the Robo Shield mobile app software (the “App”) and related services and content (collectively, the “Service”) available to you, the individual accepting this Agreement. In this Agreement, “Pango,” “we,” “our,” and “us” means Pango, Inc. if you are a resident of the United States, and Pango GmbH, if you are not a resident of the United States.
Please read this Agreement carefully. If you do not agree to all terms of this Agreement, do not proceed with installing or using the App on your device.
As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge that:
The Service. The Service assists you to screen and block unknown and unwanted callers to your phone.
Eligibility. The Service is only permitted to be accessed or used by individuals who are at least 16 years old, and who have not previously been suspended, terminated, or removed from the Service (“Eligible”). By downloading, using, or accessing the Service, you represent and warrant that you are Eligible and, if you are under 18 years old, that you have the permission of a parent or guardian to use the Service. If you are less than 16 years old, you may not use or access the Service.
Subscriptions. Using the full functionality of the Service requires a paid subscription to the Service as set forth in Section 5. If you elect to cancel your paid subscription, many of the features of the Service will become unavailable to you.
Changes to this Agreement. Pango may make non-material changes to this Agreement at any time. Please check this Agreement and any guidelines notified to you by Pango periodically for changes. If a change to this Agreement materially modifies your rights or obligations, including any increase to the Monthly Fee, we will make reasonable efforts to notify you at least 30 days in advance of the effective date of such change. We may provide notice through a pop-up or banner within the App or the Service, by sending an email to any email address you may have provided to us, or through other reasonable means. If you do not agree to the changed Agreement you must cancel your Subscription and discontinue your use of the App and the Service.
App License. The App is licensed, not sold, to you. Subject to the terms set forth in this Agreement, Pango grants you a limited, revocable, nonexclusive, personal, nontransferable license during the term of this Agreement to install and use one copy of the provided version of the App in object code format, to access the Service for internal and personal purposes only, and on no more than five Devices (as defined in Section 6.1).
App License Restrictions. You may not (and may not allow a third party to) rent, lease, sublicense, sell, assign, loan, use for timesharing or service bureau purposes or otherwise transfer the App, the Service, or any of your rights and obligations under this Agreement. You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the App by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; © attempt to circumvent any use restrictions; (d) modify or adapt the App, merge the App into another program or create derivative works based on the App; or (e) copy or distribute the App without Pango’s written authorization.
Third Party Software. The App may include third party software (“Third Party Software”) that is available to you under separate license terms such as open source licenses. Notwithstanding Section 4.2, nothing in this Agreement limits (or is intended to limit) your ability to obtain or use such Third Party Software under such separate license terms.
Subscriptions. Using the full features and functionality of the App and the Service requires a paid subscription to the Service (“Subscription”). The monthly fee for your Subscription (“Monthly Fee”) will be disclosed to you at the time you sign up for the Service, and we will make reasonable efforts to notify you of any changes as set forth in Section 3. If you do not maintain a current Subscription, the App and the Service may have substantially reduced functionality or may not function at all.
Free Trials. Your Subscription may begin with a free trial period. The duration of any free trial period will be specified at the time you sign up for the Service, as well as the Monthly Fee that will be charged at the end of the free trial period and each month thereafter. You may cancel your Subscription (as described in Section 5.6) at least 24 hours before the end of the free trial period and, if you do so, we will not charge the Monthly Fee.
Monthly Fees. Each month, we may charge your selected payment method for the Monthly Fee and any applicable taxes, and upon our receipt of such payment, your Subscription will continue for another month. You authorize us to automatically charge the payment method on file each month until you expressly cancel your Subscription as described in Section 5.6. Unless otherwise required by applicable law, Monthly Fees are non-refundable and there are no credits for partially used periods.
You understand that your Subscription will renew each month, and that each month we will charge the Monthly Fee plus any applicable taxes, using your payment method on file, until you cancel your Subscription.
Nonpayment. You are responsible for keeping your payment method (such as a credit card or app store account) up to date. If the payment method on file for you is declined for payment of your Monthly Fee, we may retry the payment mechanism at the same or lower rate. If we do not obtain payment, we may cancel your Subscription.
Cancelling Your Subscription. You may cancel your Subscription at any time. Instructions on how to cancel your Subscription are described at https://roboshield.zendesk.com. Once you have cancelled your Subscription, Pango will cease charging any further Monthly Fees and your Subscription will remain active only until the end of the monthly period for which you have fully paid the Monthly Fee.
Availability. You may use the Service solely on a mobile telecommunications device (a “Device”) and solely in conjunction with the App. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service. The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.
Denial of Access. Pango may modify or discontinue the Service at any time without notice. If you have a paid Subscription, you may be entitled to a refund as described in Section 8. Pango may deny access to the Service without any prior notice if you breach this Agreement and may terminate your use of the Service as described in Section 8.
Trusted Publisher. As part of the Service, Pango may install its own security certificates on your Device, including as a trusted publisher. Pango may make future installs or updates to such security certificates on your Device in connection with providing the Service at any time without notice.
Prohibited Conduct. You agree not to:
Termination by Pango. Pango may terminate this Agreement, your use of the Service or the App, or discontinue providing access to the Service (or any part thereof) for any reason at any time, in our sole discretion, with or without notice. If required by applicable law, Pango will provide a refund or credit, but otherwise will provide a refund or credit at its sole discretion.
Termination by You. You may cancel your Subscription at any time as set forth in Section 5.6. You may terminate this Agreement at any time by cancelling your Subscription (if you have one), discontinuing use of all parts of the Service and confirming in writing to Pango that all copies of the App have been deleted from all of your Devices.
Ownership; Proprietary Rights. The App and the Service are owned and operated by Pango and its Affiliates, licensors, and partners. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service or the App provided by Pango (the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the App or Service are the property of Pango, its Affiliates, and its licensors. All trademarks, service marks, and trade names are proprietary to Pango, its Affiliates, and its licensors. As used in this Agreement, “Affiliate” means any entity directly or indirectly controlling, controlled by, or under common control with Pango, where “control” means ownership of more than 50% of the voting equity or membership interests of an entity or the ability to direct an entity. Except as expressly authorized by Pango, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Pango reserves all rights not expressly granted in this Agreement.
Indemnification. To the fullest extent permitted by applicable law, you will indemnify, save, and hold harmless Pango and its Affiliates, and each of their respective contractors, subcontractors, officers, directors, shareholders, employees, agents and its third party suppliers, licensors, and partners (collectively, the “Pango Entities”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your misuse of the App or Service, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Pango may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify the Pango Entities, and you will cooperate with Pango’s defense of these claims. Pango will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Export. The App and the Service may be subject to United States export controls. You may not export or re-export the App without: (a) the prior written consent of Pango, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, you may not remove or export from the United States or allow the export or re-export of any part of the App or the Service in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the App and the Service are “commercial items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by this Agreement.
Disclaimers; No Warranties. The provisions of this Section 12 apply to the fullest extent permitted by applicable law:
No Warranties. The Pango Entities disclaim all warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing sentence, the Pango Entities do not warrant that the App or the Service will be compatible with your Device, will be uninterrupted or free of errors, viruses or other harmful components, or that any of the foregoing will be corrected. No information, whether oral or written, obtained by you from the Pango Entities or through the App or the Service will create any warranty not expressly stated herein.
“As Is” and “As Available” and “With All Faults”. You expressly agree that use of the App and the Service is at your sole risk. While we always endeavor to provide you with a great user experience when using the Service, the Service and any data, information, third party software, services, or applications made available in conjunction with or through the Service are provided on an “as is” and “as available”, “with all faults” basis and with no assurances that the App or the Service will withstand attempts to evade security mechanisms or that there will be no bugs, circumvention, or harm or disablement to your Device or loss or corruption of the data and software stored on your Device.
Limitation of Liability and Damages. The following provisions of this Section 13 apply to the fullest extent permitted by law:
Limitation of Liability. Under no circumstances, including, but not limited to, negligence, will the Pango Entities be liable for any: (a) special, indirect, incidental, consequential, punitive, reliance, or exemplary damages, or (b) damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, in each case arising out of or relating to this Agreement or that result from your use of or your inability to use the Service or App, or any other interactions with any Pango Entity with respect to the Service or App, even if an Pango Entity has been advised of the possibility of such damages.
Limitation of Damages. In no event will the total liability of the Pango Entities to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Service or the App (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the App and the Service during the 12 months immediately preceding the date of the claim or US$25, whichever is greater.
Basis of the Bargain. You acknowledge and agree that Pango has offered the App and the Service, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Pango, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Pango. Pango would not be able to provide the Service or the App to you on an economically reasonable basis without these limitations.
Consumers Outside the United States. This Section 13.4 applies only to the extent you use the Service and App outside of the United States. Note that the Service is designed for use only in the United States and Canada, and may not work correctly in other jurisdictions.
Waivers and Limitations. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice (or purport to affect or prejudice) the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the United States. The limitations or exclusions of warranties, remedies or liability contained in this Agreement apply to you to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are using the Service and the App.
Data Transfer. If you are accessing the Service from any region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the App and the Service, which are governed by this Agreement under the laws of California and the United States, you may be transferring your personal information to the United States and you consent to that transfer.
Generally. In the interest of resolving disputes between you and Pango in the most expedient and cost effective manner, you and Pango agree that any and all disputes arising out of or relating in any way to this Agreement or your use of the Service shall be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. You understand and agree that, by entering into this Agreement, you and Pango are each waiving the right to a trial by jury or to participate in a class action.
Exceptions. Notwithstanding Section 14.1, you and Pango agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek a temporary restraining order or preliminary injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Pango will be conducted in English by a single arbitrator and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) as modified by this Agreement. The Rules and filing forms are available online at www.adr.org or 800-778-7879, or by contacting Pango. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). Pango’s address for Notice is: Pango, 1800 Seaport Blvd, Redwood City, CA 94063, United States. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We will use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Pango may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Pango shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, and the arbitrator awards you an amount higher than the last written settlement amount offered by Pango in settlement of the dispute prior to the award, then Pango will pay you the greater of: (i) the amount awarded by the arbitrator; and (ii) US$10,000.
Fees. If you commence arbitration in accordance with this Agreement, Pango will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees shall be decided by the Rules. Any arbitration hearings will take place at a location to be agreed upon in San Mateo County, California, provided that if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the United States Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the Rules. In such case, you will reimburse Pango for all monies previously disbursed by it that are otherwise your obligation to pay under the Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. You and Pango agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Pango agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Enforceability. If Section 14.6 is found to be unenforceable or if the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be void.
Notice. Pango may provide you with notices, including those regarding changes to this Agreement, by posting the notice through the App or the Service. Notice will be deemed given twenty-four hours after posting.
Waiver. The failure of Pango to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Pango.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Jurisdiction. In the event of a dispute that is not subject to arbitration pursuant to Section 14, or if Section 14 is found to be unenforceable, you agree that any action at law or in equity arising out of or relating in any way to this Agreement or Pango may be filed only in the state or federal courts located in the City and County of San Francisco, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Severability. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pango without restriction. Any assignment attempted to be made in violation of this section shall be void.
Survival. Upon termination or expiration of this Agreement for any reason, the following provisions will survive such termination or expiration: Sections 9 through 15.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of the terms of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
No Third Party Beneficiaries. Nothing in this Agreement confers any rights or remedies upon any person other than you and Pango.
Entire Agreement. This Agreement constitutes the entire agreement between you and Pango relating to the subject matter herein and will not be modified except in writing, signed by both parties.
Time Limit for Claims. You and Pango agree that any cause of action arising out of or related to the Service or App must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.