Privacy and Terms and Conditions of Use

Baycall Pty Limited ("Yabb" or "we" or "us" or "our" or other similar pronouns) offers users ("You" or "Licensee") calling and text messages services ("Services") transacted through our licensed application ("Licensed Application") for mobile devices. By installing our licensed application and registering your mobile number though our Licensed Application you agree to our Terms and Conditions and Privacy Policy set out below. Our Licensed Application is licensed, not sold, to You for use only under the terms of this license. We reserve all rights not expressly granted to You.

1. Ability to Accept Terms of Service
   You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions.
   
   
2. Ownership of our Licensed Application
   This Licensed Application was developed and is owned by Yabb. All the ownership of intellectual property rights in our Licensed Application (including but not limited to any code, image, data, text and add-in programs contained in this Software and in any and all future updates, modifications, revisions and/or derivative works of the Software), and attached supporting documentation belong to Yabb and may not be used, reproduced, altered, distributed, exploited or otherwise dealt with by the Licensee without written authorization from Yabb, unless said usage, reproduction, alteration, distribution exploitation and dealing is expressly provided for here.
   
   
3. License
   Yabb grants to Licensee a personal, non-exclusive, non-transferable, limited license to install and use one (1) copy of the Software on one device, internally for the personal, non-commercial purposes. Our Software License is valid for an indefinite period of time from the date and time on which you install our Licensed Application and register your mobile number though our Licensed Application until termination in accordance our Terms and Conditions.
   
   
4. Permitted use of your Personal Information
   Your privacy is very important to us. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide to Yabb your mobile phone number. You understand that, just like when using regular mobile phone service, anyone with knowledge of your phone number may call you or send you messages through our application. You expressly acknowledge and agree that in order to provide the Service, Yabb may periodically access your contact list and/or address book on your device to find and keep track of mobile phone numbers of other users of our Service. You hereby give your express consent to Yabb to access your contact list and/or address book for mobile phone numbers in order make a copy of the phone numbers and names in your address book (Personal Information) on our servers. You expressly allow us to use your Personal Information to:
   
   1. notify you when your contacts register on Yabb,
   2. notify your contacts that you have registered on Yabb,
   3. Indicate which of your contacts is already a Yabb user,
   4. notify you when there are updates to our Licensed Application
   
   Yabb will use your personal information only for the purposes set forth above and will not disclose to or share your personal information with a third party, unless you consent to such disclosure or sharing during the course of your use of the Services or it is otherwise necessary to:
   
   5. comply with the law;
   6. protect and defend our rights or property (including the enforcement of our agreements); or
   7. act in urgent circumstances to protect the personal safety of users of our services or members of the public.
   
   
   
5. Personal Information will not be backed up
   The copy of your address book (names and phones) is stored on a live database. This database does not have a "historical backup". If you delete the address book from our servers, it will be deleted instantly and permanently. Please do not contact us for backup copies of your contact book.
   
   
6. No Warranty
   To the maximum extent permitted by applicable law, our service and software is offered on an "as-is" basis and no warranty, either express, implied or statutory, is given. We expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Yabb makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the our service. Yabb does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Yabb service or any hyperlinked website or featured in any user status submission or other advertising, and Yabb will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
   
   
7. Limitation of Liability
   In no event shall Yabb, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our software, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Yabb shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
   
   The Service is controlled and offered by Yabb from its facilities in Australia. Yabb makes no representations that the Yabb Service is appropriate or available for use in other locations. Those who access or use the Yabb Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
   
   
8. Indemnity
   You agree to defend, indemnify and hold harmless Yabb, its parent corporation, officers, directors, employees and agents, full and part time contractors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Yabb Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of our Service.
   
   
9. Assignment
   These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Yabb without restriction.
   
   
10. Copyright and Intellectual Property Rights
    If you post any content on the Services, you will be deemed to have granted to Yabb and its partners a worldwide and permanent license to use, store, copy, modify, transmit, disclose, demonstrate or display in public, distribute, create any derivative works from or permit other users to use such content. This license will survive even after you cease to use the Services or deactivate your Yabb account.
    
    If Yabb determines that the content you have provided violates relevant laws or Yabb's policies, we may delete or refuse to post such content; provided, however, that, Yabb is not obliged to review all of your content. If you believe that your right has been infringed, you may get help by contacting us
    
    
11. Governing law and jurisdiction
    The laws of the State New South Wales Australia, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. You expressly agree that the courts in the State New South Wales, Australia have exclusive jurisdiction over any claim or dispute with Yabb or relating in any way to your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
    
    
12. Termination
    The license is effective until terminated by You or us. We will terminate your rights under this license without notice if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.