Dingo (“Service”) is a service provided by Dingo EU s.r.o. belonging to a company registered at Husitská, 502/36, Žižkov, 13000 Praha 3, Czech Republic. It offers you (“you” or “your” – registered user & licensee under these Terms) call-making & other connection services (“Service”) exercised via Dingo’s licensed smartphone applications (“Licensed Application” or “Product”).
EMERGENCY CALLS: Licensed Application is not a replacement for your ordinary mobile or fixed telephone lines. In particular, it does not enable you to make emergency calls. In order to make sure that you have an emergency calls option when needed, you have to make alternative communication arrangements.
SPECIAL AND PREMIUM NUMBERS: Calls to special / premium rate phone numbers are not allowed and will not be enabled by the Service.
RESTRICTIONS: Several countries impose certain restrictions on the use of the Licensed Application. It is your responsibility to check if you are legally allowed to use the Product within the country of your current location.
AGE LIMIT: You must be at least 16 years old to use the Product, the Service, and the Site (in several countries the age limit comes down to 13, depending on the requirements of particular country) without parental approval. In case if you are not old enough to have an authority to agree to our Terms of Use in accordance with the laws of your country, your parent or guardian has to agree to our Terms of Use on your behalf.
The Lincensed Application is the software provided by Dingo for the purposes of exercising the services related to mobile calls via Apple iOS devices, as well as any additional related services appearing from time to time in the app & any other software / documentation enabling the use of the Licensed Application.
The Terms of Use is a legally binding contract between Dingo and you, which clarifies the rights and responsibilities you have as a user of the Licensed Application and the Service. By downloading, and/or using the Product and the Service you acknowledge and agree to the Terms and the Dingo Privacy Policy. In case if you are not agreeing with any of these Terms, you cannot use the Product and/or the Service.
Dingo reserves the right to make certain alterations to these Terms from time to time, without notice. Dingo will publish all changes at www.dingo.app. Any alterations will come into effect immediately after being published. You need to understand & agree with the fact that if you continue to use the Product and the Services after the date when amendments have been published, we will take it as your acceptance of updated Terms. If you do not agree with any alterations / amendments to the Terms, you have to terminate your relationship with Dingo. If there are any substantial changes to the Terms, we will notify you by email or as otherwise required by applicable law. Dingo will also post any adjustments to the Policy on this web page, and revised version will come into effect immediately after being posted (or upon the notice as applicable).
Under present Terms, you are granted a limited, non-exclusive, non-transferable, free of charge license for the personal use of the Licensed Application on mobile devices or personal computers that you own or control through your individual Dingo user account.
This license does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, sublicense the Licensed Application.
You may not remove, obscure or alter any copyright notices or other proprietary notices included in the Licensed Application, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components included to the Licensed Application, if any).
You may not use any part of the License Application to provide commercial products or services to third parties. At the same time, you are free to use the Product and the Service for your own business communications.
Any copying or distribution, publication or commercial usage of any content, software, code, data or materials on / from the website is strictly prohibited unless you have received an expressed written permission from Dingo in advance.
In case of breach / an attempt to break these restrictions, you may find yourself a subject to prosecution and damages. The terms of the License will govern any upgrades provided by Dingo that replace and/or supplement the Product and/or Service, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
By using the Licensed Application, you agree that Dingo may collect and use your data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate a provision of software updates, product support and other services for you (if any) related to the Licensed Application. We may use this information to improve our Product and Service or to provide services or technologies to you.
The license is effective until terminated either by you or by Dingo. You may terminate your relationship with Dingo at any time. Upon your license’s termination, you are ceasing any use of the Licensed Application, and delete all copies, full or partial, of the Licensed Application.
In case if you fail to comply with any term(s) of this license, your rights under it will terminate automatically, without notice from Dingo.
Dingo has the right to terminate its relationship with you and may suspend and cancel your user account, use of the Product and the Service at any time & immediately, without prior notice to you, and without any obligation to compensate you for any loss incurred due to such cancellation:
- if you are in breach of these Terms;
- if Dingo reasonably suspects that you are using the Product and the Service with a purpose to break the law or infringe third party rights;
- if Dingo reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies;
- if Dingo reasonably suspects that you are using the Product and the Service fraudulently or that your user account is being used by a third party fraudulently;
- if Dingo reasonably suspects that you are using the Product and the Service for continuous operation, including but not limited to rerouting of communications, and automatic contacting of random and generated phone numbers;
- if Dingo reasonably suspects that you are using the Product and the Service for calling to special/premium rate phone numbers;
- if Dingo reasonably suspects that you are using the Product and the Service for bulk messaging, spamming, phishing (i.e. sending copies of a single message to many users, sending unsolicited messages for commercial purposes or with malicious intent);
- in respect of a particular Product, with a thirty (30) days notice if Dingo decides to cease providing the Product;
- immediately, if required due to a change in or adverse interpretation of laws/regulation or where required by a regulator or authority with a lawful mandate, or by any of Dingo’s partners;
- with a thirty (30) days notice if Dingo decides to cease providing the Product and Service generally or to users in your jurisdiction in particular.
Dingo also reserves the right to cancel user accounts that have been inactive for longer than one (1) year.
In order to use the Product and the Service, you are required to create a user account with Dingo. You agree to provide a valid, accurate, up-to-date and complete information in all fields indicated as mandatory upon your registration, as well as any additional information provided, or any amendments you have made.
Once you have created a user account and/or downloaded the Licensed Application & become a Dingo user, you can call any other Dingo user free of charge. In addition, you can call to mobile and landline phones, as well as send text messages to mobile phones worldwide at the rates set forth in the Charges paragraph.
You need to understand that by using the Product and the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use the Licensed Application and the Service at your sole risk and Dingo shall not take any responsibility for any content.
You may not exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
Dingo makes no representation that our Product and Service are available for use in any particular location. If you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable national laws.
Dingo may need to perform maintenance on or upgrade the Product Site or the underlying infrastructure. This may require Dingo to temporarily suspend or limit your use the Product and Service. You will not be entitled to claim damages for such suspension or limitation of the use.
Dingo has no responsibility to make any updates available. At the same time, we may require you to download and install updates to use the Product and Service or automatically download and install updates to your device.
Dingo reserves the right to change, suspend, remove, or disable access to our Service at any time without notice. Under no circumstances shall we ever take a responsibility for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or further liability.
You are responsible for all actions that take place as a result of access to or use of the Service via your access code and/or via your mobile phone independently of whether the access has been made by yourself or by a third party using your access code and/or mobile phone.
If your mobile phone is stolen or if you become aware of unauthorized use of the Product and the Service you must notify Dingo immediately, so we can block your user account and suspend the Service. You are responsible for all charges until the Service is suspended. We have the right to change your password at any time in our sole discretion and without notice, should we become aware of or suspect an unauthorized use.
In order to use the Licensed Application, you are required to have a compatible mobile telephone or handheld device, the internet access, and the necessary minimum specifications ('Software Requirements').
The Software Requirements are as follows: Apple iOS devices running iOS 11.0 and up.
The version of the Application software may be upgraded from time to time to support new functions and services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE LICENSED APPLICATION AND THE SITE ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS TAKEN BY YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY.
SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
