TERMS OF SERVICE / TERMS OF USE

The following terms and conditions are the terms (“terms”, “agreement”) on which Nobilissimus PC (“Nobilissimus”, ”we”, “us”, “our”) provide you (“Customer”, “End-user”, “you”) with access to its software with the name Callibrie (“Callibrie”, “Callibrie Apps”, “service”, “services”, “ONLINE services”) through www.callibrie.com (“website”), or Application download platforms (eg. Google Play store, Apple App store etc).

Please read carefully all terms and make sure you have fully understood them. By clicking “I agree”, you acknowledge, as legally presumed, that you are accepting the terms as if it is a fully signed, legally binding agreement, on behalf of yourself or the Employer you may represent, and you, responsibly and with every legal perception, declare you have the full authority on behalf of your Employer, to enter into the Agreement.

If you do not agree to all of the terms, we strongly advise you to abstain from clicking “I agree”. You are advised to print the Terms and keep or save a copy of them for any direct review.

ABOUT NOBILISSIMUS PC & CALLIBRIE

Nobilissimus Private Company, a Technology Company, is a Greek legal entity, registered with the General Commercial Registry on February 06, 2014, No: 128929606000, with Tax Identification No. 800551727, Tax Office: VII Thessalonikis’, with its registered address at 58th Georgiou Papandreou Street, 54655 Thessaloniki, Greece, legally represented by Artemis Minasidou.

Callibrie is a software designed by Nobilissimus PC with the purpose of being an Intelligent Personal Communication Assistant. More specifically Callibrie provides smartphone applications for smartphones, for end users that aim to replace their native address book and simplify their daily communications.

DEFINITIONS

Services” includes Callibrie Apps and/or online Services (e.g. website)
End User” means a user of a Callibrie App and/or online services.
End User Contact Data” means Contact Data, as defined in our “Privacy Policy”, we collect from your mobile device and/or online contact accounts (such as Google Contacts or iCloud Contacts Accounts), which you as an End User have granted us permission to do so.
Public Contact Data” means contact data as explicitly defined in the “Privacy Policy
End User Contact Data Process” means to perform any activity, including reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, disclose, and otherwise use your End User Contact Data, solely to the extent necessary to perform the Services in accordance with our Privacy Policy.
Intellectual Property Rights” means all present and future worldwide copyrights, trademarks, trade secrets, patents, patent applications, mask work rights, moral rights, contract rights, and other proprietary rights recognized by the laws of any country. You acknowledge that the Services (and all Intellectual Property Rights therein) are owned by Nobilissimus or Nobilissimus' licensors. Nobilissimus and its licensors reserve all rights not granted in this Agreement.
Feedback”, regarding the Services, means any communication instigated by you as an End User and the Service with regards to functionality, experience using the service, suggestions and generally any content that you may have to disclose to the Service and its representatives with the aim of enhancing its offerings.

YOUR ACCESS TO THE SERVICE

1. Accounts
In order to use the Services, you must register for an account with Callibrie (“Account”) and provide required information about yourself as prompted during the registration process. You may delete your Account at any time, for any reason, by following the instructions on the Services. We may suspend or terminate your Account in accordance with Section TERMINATION OF AGREEMENT.
2. Licenses
A. Callibrie App License. If you are an End User, we grant you a non-transferable, non- exclusive, license to use the Callibrie App for your personal, noncommercial use. B. Public Contact Data License. If you are an End User, we grant you a non-transferable, non-exclusive, license to use the Public Contact Data you find through your use of the Service, for your personal, noncommercial use.
3. Fees
There are no fees in using the Services with respect to your Contact Data. The Service is available for free and provided as is. Fees may apply with regards to instigating communications via the Callibrie App, and/or for verification services (e.g. SMS verification) that are not charged by the Service but are related to the services provided to you by your communication carrier.

YOUR OBLIGATIONS

1. You hereby warrant that (a) you are at least 16 years old; (b) you have the right and capacity to enter into and be bound by these Terms; and (c) you shall comply with all applicable laws regarding the Use of the Service.
Callibrie is addressed to people over the age of 16, them as having elementary logic capacity, according to Science. To the extent that it is not, technically, possible for us to know the actual age of a user, without, in advance, infringing international data protection regulations, we can not bear responsibility for any damage of the user or his/her family.
2. You acknowledge and agree that Nobilissimus will have no obligation to provide you with any support or maintenance in connection with the Services.
3. The rights granted to you in this Agreement are subject to the following restrictions:
(A) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit or, in any way, dispose the Services or any part of them;
(B) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;
(C) you shall not access the Services in order to build a similar or competitive service; and
(D) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof.
4. You acknowledge and agree that:
(A) Public Contact Data as explicitly defined in the “Privacy Policy”, is not intended to be indicative of, any person’s employability, credit worthiness, credit standing, credit capacity, or other characteristics related to such person’s manner or mode of living; and
(B) you shall not use any Public Contact Data as a factor in establishing any person’s eligibility for (1) credit or insurance used primarily for personal, family or household purposes, (2) employment purposes, or (3) other similar purposes.
5. All your contact data is shared with your group contacts upon registration. Callibrie default groups however are not populated in advance and as such your private contact data will remain strictly private up to the time you decide to populate these groups and /or self-created groups with contacts of your choice. If you choose to do so or change the status of any of your contact data to public then you take upon you the responsibility of any potential harm you may suffer due to self-exposure.
6. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.
7. You represent and warrant that all your data is accurate. WE WILL NOT HAVE ANY LIABILITY FOR THE CONTRARY AND ANY THIRD PARTY’S CLAIM IN RELATION WITH THAT INACCURACY.
8. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.
9. The provision of the Callibrie App and Services does not transfer to you or any third party any rights, title or interest in or to any or all Intellectual Property Rights therein.
10. You hereby assign to us all rights in the Feedback you may provide and agree that Nobilissimus shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to Callibrie as non-confidential and non-proprietary. You agree that you will not submit to Callibrie any information or ideas that you consider to be confidential or proprietary.

INTELLECTUAL PROPERTY RIGHTS

1. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to any or all Intellectual Property Rights therein.
2. We and/or our licensors own all rights in the Intellectual Property Rights relating to the Service and the Website. All right, title and interest in and to the Service and the website will remain exclusively with us and/or our licensors.
3. You are expressly prohibited, unless we expressly grant you permission, from:
(A) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service or the Website;
(B) removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us and/or its licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to us.

DATA ISSUES

1. You hereby represent and warrant that your End User Contact Data, and providing us your End User Contact Data to use and disclose in accordance with our Privacy Policy, does not violate any third-party rights, including any privacy rights, or any laws, regulations, or obligations imposed by any third party.
2. Enforcement. We reserve the right (but have no obligation) to review your End User Contact Data, investigate, and/or take appropriate action against you in our sole discretion if you violate this Agreement or any law or otherwise create liability for us or any other person or entity. Such acts may include removing or modifying your End User Contact Data, terminating your Account and/or reporting you to law enforcement authorities.
3. If you are an End User, when you use a Callibrie App, we may collect End User Contact Data from you (as described in the Privacy Policy). You are solely responsible for your End User Contact Data.
4. You hereby grant, and you represent and warrant that you have the right to grant, to Nobilissimus an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to “process” your End User Contact Data, solely to the extent necessary to perform the Services in accordance with our “Privacy Policy”.
5. You hereby grant, and you represent and warrant that you have the right to grant, to Nobilissimus an irrevocable, perpetual, transferable, sub-licensable, nonexclusive, royalty-free and fully paid, worldwide license to use your Public End User Contact Data for its legitimate interest and for the viability of Callibrie.
6. Nobilissimus or Callibrie is not obligated to backup your End User Contact Data and your End User Contact Data may be deleted at any time. You are solely responsible for creating backup copies of your End User Contact Data if you desire. Nevertheless Callibrie will backup End User Contact Data upon registration for safekeeping and provide them to the users for contact data restoration according to the “Privacy Policy”.

TERMINATION OF AGREEMENT

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Callibrie App or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections (YOUR OBLIGATIONS), (INDEMNITY) (LIMITATION OF LIABILITY) and (PUBLICITY AND MARKETING).

LIMITATION OF LIABILITY AND DISCLAIMERS

1. We cannot and will not be liable for any loss or damage arising from your failure to comply, by any way, with your contractual and legal obligations.
2. You will be solely responsible for any damage to your computer system, mobile device or loss of data resulting therefrom.
3. The Service aims to offer an intelligent communication assistant by leveraging your contact data, your routines and preferences, via the use of predictive algorithms and machine learning techniques. As such we cannot and will not be liable for any personal problem that may arise between you and any other person or legal entity, related to the nature of the predicted communication suggestions presented.
4. You acknowledge that our Services, partly, rely on third parties’ as stated in the “Privacy Policy”. We therefore cannot guarantee the accuracy, reliability and fitness for a specific purpose in respect of, and do not promise any specific results from your use of, access to and reliance on the Service. We shall not be liable for any delay or failure to provide the Service and/or make the Website available for reasons that is due to third parties including without limitation internet service providers, data centers, cloud services, server hosting companies and telecommunication providers.
5. We cannot and will not be liable for any loss or damage resulting illuse or manipulation of our Services. Accounts and/or access to the Service discovered to violate this term will be terminated without prior notice. Callibrie will take all necessary measures to protect its End Users and Service from such practices.
6. In the event of all previous cases we cannot and will not be liable for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages of yours.
THE CALLIBRIE APP AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES

INDEMNITY

1. You agree to indemnify and hold Nobilissimus (and its officers, employees, and contractors, successors, and assignees) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of:
(a) your use of the Services,
(b) your End User Contact Data,
(c) your violation of this Agreement, and
(d) your violation of applicable laws or regulations (including any privacy laws).
2. Nobilissimus reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Nobilissimus. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
3. You hereby release and forever discharge us (and our officers, employees, contractors, successors, and assignees) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of data provided by other Callibrie End Users publicly.

PUBLICITY AND MARKETING

1. Subject to your prior approval, we may in any of our marketing material refer to you as our customer and refer to the type of services that we have provided to you.
2. Subject to your prior approval, we may publish and circulate a case study describing the Service supplied by us to you, including aggregate figures relating to your use of the Service and the benefits it has brought to your business (for use by us as a marketing tool).
3. We may use anonymous and /or aggregated data for marketing or other Service related purposes whereby no personally identifiable data will be disclosed.

GENERAL

1. This Agreement, along with our “Privacy Policy”, constitutes the entire agreement between you and us regarding the use of the Services and supersedes and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
2. You shall comply with all foreign and local laws and regulations which apply to your Use of the Services and the Website in whichever country you are physically located, including without limitation, consumer law, export control laws and regulations.
3. The terms of this Agreement shall be binding upon End Users. There are no third party beneficiaries of this Agreement.
4. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
5. You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us (whether made innocently or negligently) except as expressly set out in these Terms.
6. We will not be liable for any delay or non-performance of our obligations under this Agreement due to any cause beyond our control. Your relationship to us is that of a client, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontracting, delegation, or transfer in violation of the foregoing will be null and void.
7. The Terms are governed by and construed in accordance with Greek law. The Courts of Greece shall have exclusive jurisdiction over any disputes arising out of the Terms. If you live outside Greece, Greek law shall apply only to the extent that Greek law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event Greek law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with the Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

CONTACT INFORMATION

Please direct any queries about these Terms to:

Address: 58th Georgiou Papandreou Street, 54655 Thessaloniki, Greece
Landline: (+30) 2310420013
email: support@callibrie.com