Terms and Conditions Agreement for https://whocalled.info/en
Last revised: 5th of March 2024
HyperKore LLC, a Delaware limited liability company, together with its parents, affiliates, and subsidiaries (“we” or “us”) operates WhoCalled.info, a reverse telephone number lookup directory service for obtaining publicly-available information concerning the owner of a cell phone number ("Service"). By using the Service, you agree to these terms and conditions (“Terms”).
We reserve the right to modify or revise these Terms at any time, including adding or removing provisions. The latest version of the Terms is available at WhoCalled.info. Your continued use of WhoCalled.info after any changes constitutes acceptance of those changes. If you do not agree to the changes, you must terminate your account before the effective date of the changes and discontinue use of our Service.
YOU ACCEPT THESE TERMS BY CREATING AN ACCOUNT (“ACCOUNT”) OR BY ACCESSING OR USING WHOCALLED.INFO IN ANY MANNER. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE WHOCALLED.INFO.
IMPORTANT: WHOCALLED.INFO IS NOT A CONSUMER REPORTING AGENCY AND DOES NOT OFFER CONSUMER REPORTS.
YOU ARE EXPRESSLY PROHIBITED FROM USING WHOCALLED.INFO AND ANY INFORMATION OBTAINED THROUGH WHOCALLED.INFO FOR THE PURPOSES OF:
- MAKING HIRING OR EMPLOYMENT DECISIONS;
- ELIGIBILITY FOR CREDIT;
- ELIGIBILITY FOR INSURANCE;
- HOUSING ELIGIBILITY;
- ANY OTHER PURPOSE COVERED UNDER THE FAIR CREDIT REPORTING ACT (“FCRA”).
1. Accounts and Logins
1.1. In order to use the Service, You represent and warrant:
1.1.1. That all Customer Information that You provide in connection with the creation of an Account with us is accurate and true;
1.1.2. If any Customer Information changes, You will update Your Account to maintain accurate information in a reasonable timeframe;
1.1.3. You (i) are not located in a country that is subject to a U.S. Government embargo, (ii) that has been designated by the U.S. Government as a “terrorist supporting” country; and/or (ii) You are not listed on any U.S. Government list of prohibited or restricted parties;
1.1.4. You are at least 18 years of age and of legal competence;
1.1.5. You are not using the Service on behalf of another person or any entity;
1.1.6. You are using the Service for personal and private reasons, and not for any business reason, including to conduct a background check on a potential job applicant or other individual;
1.1.7. You are not using the Service for any other reason that may be restricted or prohibited by the laws of the jurisdiction in which you reside.
1.2. As a condition of creating an Account and using the Service, You agree that:
1.2.1. You will not distribute Your Login or Password to any other person;
1.2.2. You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person or entity. If You believe that a third-party has gained access to Your Account, You agree to notify us by sending an email to customer service as soon as you become aware of such third-party access.
1.3. You are responsible for any activity that occurs on or through Your Account. Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.
1.4. While we take commercially reasonable efforts to protect Your Account from unauthorized access, we do not guarantee the security of your Account and disclaim all liability for damages of any kind whatsoever that you may incur as a result of unauthorized access.
1.5. We reserve the right to terminate Your Account at any time and for any reason, with or without notice. If Your Account is terminated, we have no obligation to retain any data associated with Your Account.
1.6. To cancel Your Account at any time for any reason, You may do so by following the instructions available on WhoCalled.info or contacting customer service.
2. License to Use WhoCalled.info
2.1. Upon your registration for an Account, we grant you a personal, non-exclusive, non-transferable, limited and revocable license to use our Services. You may use WhoCalled.info and information obtained from WhoCalled.info for personal use only and in accordance with these Terms.
2.2. Under no circumstances will permitted personal use include, directly or indirectly, any use to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act. Personal use must at all times be for lawful purposes, as defined by the laws of Your jurisdiction.
YOU MAY NOT USE WHOCALLED.INFO IN A MANNER THAT EXCEEDS THE RIGHTS GRANTED FOR YOUR USE, VIOLATES RELEVANT STATUTES, REGULATIONS, OR OTHER LAWS OF YOUR JURISDICTION IN WHICH YOU ARE LOCATED, OR IN ANY WAY CONTRADICTS THESE TERMS.
2.3. You are prohibited from using any data-mining, crawling, or scraping techniques, or from using any automatic device to send queries to the WhoCalled’s servers or WhoCalled.info. You may not use WhoCalled.info to compile data or images for use by any commercial entity.
2.4. You agree not to disrupt, modify, or interfere with WhoCalled.info, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of WhoCalled.info. You further agree not to alter or tamper with any information or materials on or associated with WhoCalled.info.
2.5. You may not use WhoCalled.info or any information acquired from WhoCalled.info:
2.5.1. To engage in activities that could violate applicable laws or regulation. NOTE: This includes the laws, regulations, and ordinances of any jurisdiction from which You access WhoCalled.info. It is Your responsibility to ensure that you are using the platform in compliance with these laws;
2.5.2. To make any call, text, or email that is in violation of the Telephone Consumer Protection Act, CAN-SPAM, or any other applicable law. You acknowledge that You are solely responsible for ensuring that calls, emails or text messages sent using information obtained from WhoCalled.info are in compliance with these laws and regulations;
2.5.3. To evaluate a consumer’s eligibility for: credit or insurance, employment or volunteering purposes, government license or benefit, renting a dwelling property, or any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b) (the “FCRA”), Federal Trade Commission or court interpretations of the FCRA, or similar state statutes;
2.5.4. To conduct background checks for a business or other non-personal use or purpose; or
2.5.5. In any manner that may violate any applicable privacy law to which You may be subject on the basis of Your location or the location of the person/number searched. You agree not to search for, or submit to us, information relating to persons that reside or are located outside of the United States.
3. Payment
3.1. The price of the Service is as follows:
3.1.1. During the first 48 hours after registration, the Customer is entitled to test Our Service for an amount of $0.95 (“Trial Period”); At the end of these 48 hours, subject to termination within this period, a subscription is automatically taken out on a monthly basis for a monthly amount of $29.95. Subject to cancellation, this subscription is automatically renewed from month to month and the card used is automatically debited. NOTE: these prices are inclusive of all taxes.
3.1.2. Payment is made through Our Site in U.S. Dollars by credit card or through another authorized payment processor, partner, or provider. The Site is equipped with an online payment security system that allows the Customer to encrypt the transmission of his banking data. We use an external supplier, Stripe, for our payment process and do not store any data relating to your bank details and cards. For more information on this Subject, we invite You to consult our Policy on confidentiality.
4. Return and Refund Policy
4.1. After the Trial Period, You have the right to terminate Your Account within 14 (fourteen) days following establishing the Account.
4.2. This termination request can be made by sending us a request by email. A confirmation of termination will be communicated to You by email at the address You provided us at the time of Your registration.
5. Termination
5.1. Termination at the Customer's initiative: You are entitled to unsubscribe and terminate Your Account at any time by simply clicking on the "Unsubscribe" link in the menu at the top or bottom of the website. It is specified that Your unsubscription will take place either at the end of the Trial Period, or at the end of the current month in which Your request for unsubscription was made, in which case Your Account will be deactivated and access and use of Our Service will be ended. No refund will be given, except in our absolute and sole discretion.
5.2. Termination at our initiative: We also have the right to terminate Your Account at the end of a billing month, in which case We will inform You by sending an email to the address that You provided to Us during Your registration. In case of violation of these Terms, We reserve the right to suspend Your Account as may be necessary in our sole discretion for verifications that may be carried out and, if necessary, to terminate Your Account with immediate effect; whether it is a suspension or a termination, You will be informed via email.
5.3. Termination under this section does not entitle You to any refund or other monetary claim.
5.4. We reserve the right, at any time, in our sole and exclusive discretion, to amend, modify, suspend, or terminate WhoCalled.info, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. We shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.
6. Assignments
6.1. Assignment by Us: We may assign this agreement or parts of it at any time to any third party without notice to You. Upon assignment by us, You agree that we will have no liability or obligation to You, and your recourse will solely be against the assignee. You may not assign this agreement or any rights or legal claims arising from it to anyone else, and any attempt to assign shall be void.
6.2. Assignment by You: You may not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.
7. Information Available Through WhoCalled.info
7.1. We provide a paid Service that allows users who subscribe to an Account to search for publicly available information on an individual or entity.
7.1.1. We do not evaluate or review each Service interaction.
7.1.2. We make no guarantees to You about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated.
7.2. As a user of WhoCalled.info, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree that any reliance on the information available through WhoCalled.info or other use of such information is at Your own risk.
7.3. Fair Credit Reporting Act (“FCRA”) Notice:
7.3.1. We do not provide credit or consumer reports.
7.3.2. To the extent that you become aware of any incorrect or inaccurate information related to your own credit report, the FCRA provides that You may dispute inaccurate or incomplete information in Your credit report. YOU ARE NOT REQUIRED TO PURCHASE ANY PRODUCT OR SERVICE FROM US IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE (3) NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
7.3.3. The FCRA allows You to obtain a free disclosure from every national credit reporting agency of the nature and substance of all information in Your file at the time of the request. You may request Your free annual report under the FCRA, at www.annualcreditreport.com.
7.3.4. In addition, the FCRA allows You to obtain a copy of all of the information in Your consumer credit file from consumer reporting agencies for a reasonable charge.
7.3.5. You are also entitled to receive a disclosure free of charge directly from the relevant consumer reporting agency (but not from us, as we are not a consumer reporting agency) under the following circumstances:
7.3.5.1. You have been denied credit, insurance or employment within the past sixty (60) days as a result of Your credit report.
7.3.5.2. You certify in writing that You are unemployed and intend to apply for employment in the sixty (60) day period beginning on the date on which You made the certification.
7.3.5.3. You are a recipient of public welfare assistance.
7.3.5.4. You have reason to believe that Your file at the credit reporting agency contains inaccurate information due to fraud.
7.3.6. The FCRA permits You to dispute inaccurate or incomplete information in Your credit file. Accurate information cannot be amended or changed.
7.3.7. If You reside in the States of Colorado, Maine, Massachusetts, Maryland, New Jersey, Puerto Rico or Vermont, You may receive a free copy of Your consumer credit report once per year and if You are a resident of the State of Georgia You may receive two (2) copies per year.
7.3.8. Click here for a summary of Your rights under the FCRA.
8. Privacy Policy
8.1. We maintain a Privacy Policy describing its collection, retention, and use of information about our users. This policy can be accessed at https://whocalled.info/en, and is incorporated herein by reference as if fully restated herein.
9. Links to Other Websites; External Content
9.1. You may find links to other Internet sites or resources on WhoCalled.info that offer content, goods, or services, these links may include advertisements. You acknowledge and agree that we have no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.
10. Intellectual Property
10.1. We hold all intellectual property rights to our website WhoCalled.info and its content, which rights also include the know-how related to it. However, we may not be the ultimate owner of the intellectual property sourced from third-party websites. As such, users must identify the source of all information provided on the website, and follow the Terms and Conditions set forth by each ultimate owner.
10.2. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
11. Notification
11.1. Any notices to be given to us under these Terms shall be made in writing to contact@whocalled.info.
11.2. You agree that we can send You electronic notices to the e-mail address that You provided to us in creating Your Account or by displaying the notice on WhoCalled.info. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
12. Warranty
12.1. We expressly disclaim any liability of any kind, under any theory, for a cause of action that You may have arising out of or related to our Service.
12.2. Nоtwіthѕtаndіng аrtісlе 12.1, we wіll mаkе rеаѕоnаblе еfоrtѕ tо еnѕurе thе аvаіlаbіlіtу оf thе Ѕеrvісе 24 hоurѕ а dау, 7 dауѕ а wееk, but expressly disclaims all liability fоr аnу unаvаіlаbіlіtу duе tо bugѕ, tесhnісаl соnѕtrаіntѕ аnd оthеr mаіntеnаnсе ореrаtіоnѕ, whісh wіll nоt gіvе rіѕе tо аnу rіѕе tо аnу rеіmburѕеmеnt whаtѕоеvеr.
YOU AGREE TO USE WHOCALLED.INFO AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE OFFER WHOCALLED.INFO, THE SERVICE, AND ALL CORRESPONDING INFORMATION AND DATA “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
12.3. No information or advice provided on whocalled.info, by us, or by ouremployees or agents shall create any warranty.
12.4. We makes no warranty, representation, covenant, or guarantee whatsoever, express or implied:
12.4.1. As to the value, quality, timeliness, usefulness, reliability, security, suitability, truthfulness, or completeness of whocalled.info, the Service, Your Account, the information, or the content otherwise accessible through our Service;
12.4.2. That WhoCalled.info will operate uninterrupted or error-free;
12.4.3. That WhoCalled.info, the services, the information, or the content will meet your needs or expectations;
12.4.4. As to the quality or value of any of our products, services, content, information, or other material you purchase or obtain in relation to the use of our Service; or
12.4.5. That any errors on whocalled.info will be corrected.
THESE TERMS REQUIRE THAT DISPUTES BETWEEN US BE RESOLVED BY BINDING ARBITRATION RATHER THAN BY JURY TRIALS OR CLASS ACTIONS AND LIMIT YOUR REMEDIES IN THE EVENT OF A DISPUTE.
13. Limitation of Liability
13.1. To the maximum extent permitted by law in Your Jurisdiction, we shall have no liability to You for:
13.1.1. Consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such;
13.1.2. Loss of business, profits, business information, data, or business interruption, or any other pecuniary loss (even if we have been informed of the possibility of those damages);
13.1.3. For damages of any kind resulting in any way from unauthorized access to your Account (even if the unauthorized access was the result of our negligence).
14. Indemnification
14.1. You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of WhoCalled.info that is grossly negligent or intentionally malicious, contrary to law, or otherwise illegal.
14.2. We reserve the right to assume exclusive control of its defense in any matter subject to Your indemnification. However, this will not diminish or affect Your obligation to indemnify us. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from us.
15. Choice of Law
15.1. If You are a citizen or resident of the United States, the law of the state of Your residence governs this contract and any claim or dispute that You may have against us, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law. If You are a citizen or resident of another country, the law of the State of Delaware shall apply.
15.2. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
16. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS REGARDING YOUR ABILITY TO BRING A DISPUTE BEFORE A COURT AND WAIVES YOUR RIGHT TO COLLECTIVE ACTIONS, SUCH AS CLASS ACTIONS.
16.1. Disputes Subject to Arbitration. You and We both agree to arbitrate all disputes and claims between You and us, including, but not limited to:
16.1.1. claims arising out of or relating to any aspect of the relationship between You and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
16.1.2. claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures); and
16.1.3. claims that may arise after the termination of this agreement.
16.1.4. Issues relating to the scope and enforceability of this arbitration provision.
16.1.5. Whether a dispute can or must be brought in arbitration./p>
16.2. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of any agreement between us and . By agreeing to arbitrate, You and We both agree to waive the right to sue in court, to trial by jury, and to bring or participate in class actions.
16.3. Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org. The AAA shall administer the arbitration. If the AAA is unavailable or unwilling to administer the arbitration in accordance with this arbitration provision, the arbitration will be administered by another arbitration provider that the parties agree to or that a court of competent jurisdiction selects.
16.4. Unless you and we agree otherwise, any arbitration hearings will take place in the State of Delaware, telphonically, or by video remote means, if so allowed by the arbitrator. If You bring a claim for $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 telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
16.5. Unless the parties agree otherwise, You and we must bring all directly related claims in a single arbitration proceeding.
16.6. The arbitrator shall issue a reasoned, written decision that is sufficient to explain the essential findings and conclusions on which the decision and the award is based.
16.7. Each party will cover their own legal costs, unless an arbitrator, in their delegation of an award, dictates that one party should be responsible for part or all of the fees of the other party.
16.8. Forum Selection. Unless You and we agree otherwise, to the greatest extent permitted by law, the state and federal courts in Delaware will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the arbitration provision or any of its parts. You and we consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or venue in those courts, or any other basis or right to seek to transfer or change venue to another court.
16.9. To the extent permitted by law, You must commence any legal action (including an arbitration) within two years of the date of the event or facts giving rise to the dispute or You waive the right to pursue that claim.
17. Entire Agreement
17.1. These Terms and any other terms or policies posted on WhoCalled.info – provided they are the most recent version - constitute the entire Agreement between You and us. These Terms supersede all prior written or oral agreements related to. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce any term of these Terms shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by You or other customers of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
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