TERMS OF USE
Effective date: 07 February, 2024
● Acceptance of Terms. By accessing or using the Second Phone App service, or any Second Phone App applications, including mobile applications (together, the "Service" or “Second Phone App”) made available by Municorn Limited (the “we”, “us”, or “our”), you agree to be bound by these Terms of Use ("Terms of Use"). If you do not agree to be bound by the Terms of Use, do not access or use the Service.
● Special Terms. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In case of conflict, the specific terms for such feature shall prevail.
● ARBITRATION NOTICE FOR U.S. RESIDENTS: PLEASE READ SECTION 15 (U.S. ARBITRATION) CAREFULLY. By accepting the Terms of Use, you agree that:
○ Disputes between you and Second Phone App will be resolved by binding, individual arbitration.
○ You waive your right to participate in a class action lawsuit or class-wide arbitration.
○ Exceptions to binding arbitration:
■ You may opt-out from binding arbitration as described in Section 15 (U.S. Arbitration).
■ There are certain types of disputes described in Section 15 (U.S. Arbitration) that do not fall under the binding arbitration clause.
● We may modify this Agreement from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
General age limitation. Second Phone App is not intended for or directed at children under 13, and we do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to use Second Phone App.
If you are a parent or guardian and believe we have collected information from your child who is under the age of 13, please contact us at second-phone-support@municorn.com.
Age limitation for EEA and UK individuals. You must be at least 16 years old in order to use Second Phone App. We do not allow use of Second Phone App by EEA and UK individuals younger than 16 years old. If you are aware of anyone younger than 16 using Second Phone App, please contact us at second-phone-support@municorn.com, and we will take the required steps to delete the information provided by such persons.
The Services do not feature all of the services of a mobile phone. You cannot make emergency calls/texting, including 9-1-1, using the Services. However, if you have a mobile cellular device, you may be able to access 9-1-1 emergency services from the hardware of your cellular device. You acknowledge and understand that Second Phone App will not be liable for any inability to access 9-1-1 emergency services through the Services.
Note that most consumers in the U.S. CANNOT access emergency 911 services by sending a text message from a phone. Even where it is possible to send a text message to emergency 911 services, it is preferable to place a call to emergency 911. Even if sending a text message to emergency 911 services is possible, the emergency call taker will not receive your location information automatically; instead, you will have to supply such information.
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SECOND PHONE APP, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE NON-PROVISION OF 9-1-1 CALLING/TEXTING CAPABILITIES THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF YOU OR OTHER USERS TO ACCESS 9-1-1 EMERGENCY SERVICES, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SECOND PHONE APP, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE NON-PROVISION OF 9-1-1 CALLING/TEXTING CAPABILITIES THROUGH SERVICES.
You acknowledge and agree that neither the Outbound Service nor the Texting Service are to be utilized for solicitations of commercial activities of any kind. You acknowledge and agree that the Telephone Consumer Protection Act (“TCPA”) prohibits placing commercial calls without the recipients’ prior express written consent and also prohibits placing autodialed calls without recipients’ prior express consent. Using the Outbound Service or Texting Service for any solicitation of commercial activities is a violation of our Terms of Use. If we are aware of such use, we have the right to terminate your access to the Outbound Service/Texting Service and we reserve the right to also terminate your use of any other of the Products and Services. And the violations of relevant laws and regulations caused by such use may also subject you to legal liability.
Any content you submit through Second Phone App is governed by our Privacy Policy.
As a condition of using the Services, you agree not to use the Second Phone App for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
● Sending commercial or promotional messages to a large number of users, or sending messages in bulk;
● Sending messages via an automated process, such as a script; sending unwanted or mass solicitation;
● Placing calls in violation of laws prohibiting unsolicited marketing calls (e.g., "do-not-call laws");
● Data mining any web property (including Second Phone App) to find phone numbers;
● Selling, exchanging, or distributing to a third party the phone numbers of any person without such person’s consent to such disclosure;
● Inflating call traffic (e.g., traffic pumping, international revenue share fraud).
● Use Second Phone App to data mine phone numbers or other information.
● Automate our system to place phone calls or send messages automatically.
● Forward to phone numbers that aren’t your own or under your control.
● Create multiple user accounts, and do not create user accounts by automated means or under false or fraudulent pretenses.
● Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Second Phone App service.
● Modify, adapt, translate, or reverse engineer any portion of our service.
Any such forbidden use shall immediately terminate your licence to use the Services.
Since Second Phone App is only a facilitator of communication services, we may not guarantee or warrant that the content transmitted through the Service will not involve unsolicited commercial communication. You may occasionally receive unsolicited content. We will use our best effort to keep any unsolicited material from third parties to a bare minimum. By using our Service, you expressly agree and understand that you may receive unsolicited content.
We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use Second Phone App for personal and non-commercial purposes in accordance with the Terms of Use.
You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from Second Phone App without prior express written permission from us which may be withheld for any or no reason.
You further agree not to download, display or use any content on Second Phone App that is provided by us or its licensors located on the Second Phone App for use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of us, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us and/or its licensors, that dilutes the strength of us or its licensor's property, or that otherwise infringes us or its licensors’ intellectual property rights. You further agree to in no other way misuse any content published by us or third-party content that appears on Second Phone App.
All rights, title, and interest in and to Second Phone App not expressly granted in the Terms of Use are reserved by us. If you wish to use our software, title, trade name, trademark, service mark, logo, domain name, and/or any other identification with notable brand features or other content owned by us, you must obtain written permission from us. Permission requests must be sent to second-phone-support@municorn.com.
To avoid any doubt, we own all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that we create and make available in connection with Second Phone App, including but not limited to visual interfaces, interactive features, graphics, design, and the compilation of aggregate user review ratings and all other elements and components of Second Phone App, excluding User Content (collectively referred to herein as the “Our Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to Second Phone App and our Content are retained by us.
By using the Services, users grant Second Phone App a perpetual, non-exclusive right to use, modify, and distribute their personal content.
The software that supports Second Phone App may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither Second Phone App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from Second Phone App under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
If you believe any materials accessible on or from Second Phone App infringe your copyright, you may request removal of those materials (or access thereto) from Second Phone App by contacting us and providing the following information:
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of Second Phone App who are repeat infringers.
● Subscription. Second Phone App mobile application offers a subscription that allows you to send and receive messages. By accessing Second Phone App you agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by us about such functionality or features.
● Billing. You may purchase the subscription directly from Second Phone App or through a third party by paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.
Some of our subscriptions include a trial period, where you can experience the application for a specified period at a reduced price (“Trial”). Subscription with the Trial period will automatically renew to a paid subscription once your Trial expires.
● If you purchase access to the subscription through a third party, separate terms and conditions with such third party may apply in addition to these Terms of Use. Please contact the third party regarding any refunds or to manage your subscription.
● Price and tax changes. We may from time to time make changes to the subscription, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.
Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
● Renewal and Cancellation. Your payment to Second Phone App or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Premium subscription before the end of the then-current subscription period. You must cancel your subscription or Trial before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your subscription through the Second Phone App, you can cancel the renewal of your Premium subscription at any time by following the instructions below:
Open the Settings app > Tap your name > Tap Subscriptions > Tap the subscription > Tap Cancel Subscription.
If you purchase your subscription through a third party, you can cancel at any time with the app provider. Contact our Support team at second-phone-support@municorn.com if you still have any questions about how to cancel.
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers, and content providers (together referred to as “Second Phone App Parties”), harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, claims related to any failure, impairment, delay, malfunction, misrouting, non-completion, insufficient data or information, lack of location or other information, related to emergency calls placed to emergency call takers, including calls placed to 911, in connection with the Service, your violation of these Terms of Use.
Under no circumstances will the Second Phone App Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:
In no event will the Second Phone App Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Second Phone App parties total liability to you for all damages, losses or causes or action exceed one hundred United States dollars ($100.00).
You agree that in case that you incur any damages, losses or injuries that arise out of Second Phone App's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Second Phone App Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Second Phone App Parties.
By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Second Phone App is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
We do not control, endorse or take responsibility for any third-party content linked to Second Phone App. You acknowledge sole responsibility for and assume all risks arising from your use of any third-party websites or resources. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Your use of Second Phone App is at your sole risk. Second Phone App is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Second Phone App is accurate, complete, reliable, current or error-free, free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Second Phone App within your use.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Second Phone App is not responsible or liable for the conduct of any user. Second Phone App reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, a "Third-Party Application") and such Third-Party Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Third-Party Applications, you acknowledge and agree to the following:
● if you use a Third-Party Application to share information, you are consenting to information about your profile on the Service being shared;
● your use of a Third-Party Application may cause your personal data to be publicly disclosed and/or associated with you, even if Second Phone App has not itself provided such information; and
● your use of a Third-Party Application is at your own option and risk, and you will hold the Second Phone App Parties (defined below) harmless for activity related to the Third-Party Application.
FOR UNITED STATES RESIDENTS ONLY: Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or we seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and we waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use or us resolved in court. Instead, all disputes arising out of or relating to these Terms of Use or us will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and we agree that any dispute arising out of or related to these Terms of Use or us is personal to you and us and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and we agree that these Terms of Use affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and we agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs. You and we agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR US MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND WE WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying us in writing. The notification must be sent to second-phone-support@municorn.com under the subject “Arbitration Opt-out”.
In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16 (Governing Law) below.
These Terms of Use and any claim, controversy or dispute arising out of or related to these Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Cyprus without giving effect to any conflicts of law provision. The courts of the Republic of Cyprus shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use (including any non-contractual disputes or claims), unless settlement by means of arbitration under Section 15 applies. To the extent permissible, the United Nations Convention on Contracts for the International Sale of Goods will not apply.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Second Phone App's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. This dispute resolution provision will survive the termination of any or all of your transactions with Second Phone App.
The following terms apply if you use Second Phone App on any device that contains the iOS mobile operating system (“iOS App”) developed by Apple Inc. (“Apple”).
● Acknowledgement. You acknowledge that these Terms of Use are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the iOS App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
● Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.
● Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
● Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. You and we acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of us. However, you understand and agree that in accordance with these Terms of Use, us has disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
● Product Claims. You and we acknowledge that as between Apple and us, we, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (i) product liability claims, (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
● Intellectual Property Rights. You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the iOS App infringe third party’s intellectual property rights, us, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
● Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted persons.
● Developer Contact Details. Any questions, complaints or claims with respect to the iOS App should be directed to second-phone-support@municorn.com.
● Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the iOS App.
● Third-Party Beneficiary. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof).
● These Terms of Use constitute the entire agreement between you and us relating to Second Phone App and your use of Second Phone App, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between us any and you relating to Second Phone App and your use of Second Phone App.
● The language of these Terms of Use is English language only.
● You hereby irrevocably waive any law applicable to you requiring that these Terms of Use shall be localized to meet your language (as well as any other localization requirements), or requiring a delivery or retention of non-electronic records.
● The failure of us to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of us.
● Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.
● If any provision of these Terms of Use is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of Section 15 (Arbitration) above or by court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
● Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of you and we and are not intended to confer third-party beneficiary rights upon any other person or entity.
● You may not assign or transfer your rights under these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms of Use, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.
If you have any questions or concerns about these Terms of Use, please contact us:
By email: second-phone-support@municorn.com
Postal Address:
Municorn Limited
Zinas Kanther 26 Agia Triada,
Limassol CY 3035