These Terms govern:
Users are advised to read this document carefully.
Despite the contractual relationship related to the purchase of such Products being concluded exclusively between the Owner and Users, Users acknowledge and accept that, if the provision of MrCall is made through the Apple App Store, Apple may exercise rights deriving from these Terms as a third-party beneficiary.
MrCall is a service provided by:
Hahn Banach Srl
Via Sottocorno 17 20129 Milan, Italy
VAT ID IT11619040964
Owner’s email address: privacy@mrcall.ai
About MrCall
MrCall provides access to software capable of interacting with a person, also defined as “Digital Assistant”. Each MrCall user has their own Digital Assistant, configurable through the mrcall.ai website or the MrCall mobile app (iOS and Android). The Digital Assistant provided to each user responds to a telephone number or a Session Initiation Protocol (SIP) account. MrCall is not responsible for activating call forwarding from its users’ telephone or SIP lines to the assistants. The call forwarding service is technically and contractually managed by the telephony providers. However, MrCall commits to providing all necessary assistance in activating and deactivating such call forwarding.
Key Things to Know at a Glance
It should be noted that certain provisions of these Terms may only be applicable to certain categories of Users. Specifically, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users. TERMS OF USE Unless otherwise specified, the terms of use of MrCall as set out in this section are generally valid.
Additional terms of use or access applicable in particular situations are expressly indicated in this document.
By using MrCall, the User declares to meet the following requirements:
It is the responsibility of Users to keep their access credentials secure and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on MrCall.
By creating an account, the User agrees to be fully responsible for all activities conducted with their access credentials. Users are required to inform the Owner immediately and unequivocally through the contacts indicated in this document if they believe that their personal information, such as the User account, access credentials, or personal data, have been violated, unlawfully disclosed, or stolen.
Requirements for Registration
The registration of a User account on MrCall is subject to the conditions specified below. By registering an account, the User confirms meeting these conditions.
The suspension or cancellation of an account does not give the User any rights to compensation, refund, or indemnity.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from the payment of fees or prices that may be applicable.
Contents on MrCall
Unless otherwise specified or clearly recognizable, all content available on MrCall is owned by or provided by the Owner or their licensors.
The Owner takes the utmost care to ensure that the content available on MrCall does not violate applicable laws or third-party rights. However, it is not always possible to achieve this result. In such cases, without prejudice to legally enforceable rights and claims, Users are asked to direct their complaints to the contacts specified in this document.
Rights on MrCall Content
The Owner holds and expressly reserves all intellectual property rights over the aforementioned content.
Users are not authorized to use the content in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/assigning to third parties or creating derivative works from the content available on MrCall, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on MrCall, the User is authorized to download, copy, and/or share certain content available on MrCall exclusively for personal and non-commercial purposes, provided that the attribution of the work’s authorship and any other relevant circumstance required by the Owner is observed.
The limitations and exclusions provided by copyright law remain in effect.
Removal of Content from MrCall Available Through App Store
If content subject to a complaint is considered contestable, it will be removed within 24 hours, and access to the Service will be denied to the User responsible for the upload.
Access to External Resources
Through MrCall, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any rights grants on content, are determined by the same third parties and governed in their terms and conditions or, in their absence, by law.
Permitted Use MrCall and the Service may be used only for the purposes for which they are offered, according to these Terms and in compliance with applicable law.
It is the exclusive responsibility of the User to ensure that their use of MrCall and/or the Service does not violate the law, regulations, or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measures to protect their legitimate interests, and in particular to deny the User access to MrCall or the Service, terminate contracts, report any reprehensible activity conducted through MrCall or the Service to the competent authorities – e.g., the judicial or administrative authority – whenever the User engages in or is suspected to engage in:
Software License
All intellectual property or industrial rights, as well as any other exclusive rights existing on the software or technology integrated in or related to MrCall, are held by the Owner and/or its licensors.
Subject to the User’s compliance with these Terms, and notwithstanding any divergent provision contained herein, the Owner grants Users a revocable, non-exclusive, non-transferable, and non-sublicensable license to use the software and/or technology integrated into the Service within the framework and for the purposes of MrCall and the Service offered.
The license does not include any rights to access, use, or disclose the original source code to the User. The techniques, algorithms, and procedures contained in the software and its documentation are the exclusive property of the Owner or its licensors.
The grant of rights and licenses to the User ceases immediately upon the termination or expiration of the Agreement.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products offered on MrCall as part of the service are for a fee.
The rates, duration, and conditions applicable to the sale of such Products are described below and in their respective sections of MrCall.
To purchase the Products, the User is required to register or log in to MrCall.
Product Description
Prices, descriptions, and availability of the Products are specified in their respective sections of MrCall and are subject to change without notice.
While the Products on MrCall are presented with the greatest technical accuracy possible, their representation on MrCall by any means (including, as applicable, graphical materials, images, colors, sounds) is intended as mere reference and does not imply any warranty concerning the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase Procedure
Each step from selecting the product to sending the order is part of the purchase procedure.
The purchase procedure includes the following steps:
Pricing
During the purchase procedure and before submitting the order, Users are duly informed about all fees, taxes, and costs (including any shipping costs) that will be charged to them.
Prices on MrCall:
Payment Methods Details regarding accepted payment methods are highlighted during the purchase procedure.
Some payment methods are subject to additional conditions or may incur additional costs. Detailed information is provided in the relevant section of MrCall.
All payments are managed independently by third-party services. Therefore, MrCall does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successfully completed. For further information on the processing of personal data and related rights, the User can refer to MrCall’s privacy policy.
In the event that a payment made using one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to fulfill the order. If the payment is unsuccessful, the Owner reserves the right to demand reimbursement from the User for any related expenses or damages.
App Store Purchases MrCall or certain Products for sale on MrCall must be purchased through a third-party app store. Users are requested to follow the instructions in the relevant app store (e.g., “Apple App Store” or “Google Play”). These instructions may vary depending on the specific device used.
Unless otherwise specified, purchases made through third-party online stores are also subject to the terms and conditions of such third parties. These terms and conditions prevail in any case of inconsistency or conflict with these Terms.
Therefore, Users who make purchases through such third-party online stores are requested to carefully read and accept the relevant terms and conditions of sale.
Reservation of Usage Rights Until the Owner receives full payment for the purchase price, the User does not acquire the rights of use of the ordered Products.
Delivery of Services The service purchased will be performed or made available within the times indicated on MrCall or according to the methods communicated before submitting the order.
Duration of the Contract Trial Period Users have the opportunity to try MrCall or individual Products for free for a specified and non-renewable trial period. Some features or functionalities of MrCall may not be available during the trial period. Additional conditions applicable to the trial period, including its duration, will be specified on MrCall.
Upon expiration, the trial period automatically converts into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.
Subscriptions Through a subscription, the User receives a Product on an ongoing or periodic basis. The details regarding the type of subscription and its resolution are described below.
Indefinite Duration Subscriptions Paid subscriptions begin on the day the Owner receives payment.
To keep the subscription active, the User is required to pay the required periodic amount promptly. Otherwise, the service may be interrupted.
Subscriptions Managed through Apple ID / Apple Account Users may conclude a subscription to a Product using the Apple ID / Apple Account associated with their Apple App Store account through the relevant procedure on MrCall. In doing so, Users acknowledge and accept that:
The above prevails over any conflicting or divergent provision of the Terms.
Resolution Subscriptions may be terminated by sending a clear and unequivocal notice of cancellation to the Owner, using the contacts listed in this document or – if applicable – following the instructions on MrCall.
Resolution of Indefinite Duration Subscriptions Indefinite duration subscriptions may be terminated at any time by sending a clear and unequivocal notice of cancellation to the Owner, using the contacts listed in this document or – if applicable – following the instructions on MrCall.
The termination will take effect 2 days after the Owner receives the notice of cancellation.
User Rights
UK User Rights Right to Cancel
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.
Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.
Exercising the Right to Cancel
To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. To meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires.
Effects of Cancellation
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
Salvo se for estipulada abaixo uma exceção aplicável, os Usuários Consumidores no Brasil terão o direito legal de arrependimento de acordo com a legislação brasileira. Isto significa que o Consumidor tem o direito de rescindir os contratos online (contratos à distância ou celebrados fora do estabelecimento comercial) por qualquer motivo e sem justificativa, no prazo de 7 (sete) dias a contar da data da celebração do contrato ou do recebimento do produto ou serviço. Usuários que não se qualificam como Consumidores não podem se beneficiar dos direitos estabelecidos nesta seção. O direito de arrependimento poderá ser exercido pelo Consumidor por meio dos canais de contato indicados no início deste documento e de acordo com as orientações desta seção.
Para exercer o direito de arrependimento, os Usuários devem enviar ao Proprietário uma declaração inequívoca de sua intenção de rescindir o contrato. Para tanto, os Usuários poderão utilizar o modelo de formulário de rescisão disponível na seção “definições” deste documento. No entanto, os usuários são livres para expressar sua vontade de rescindir o contrato através de uma declaração inequívoca por qualquer via adequada. Para respeitar o prazo estabelecido para o exercício de tal direito, os Usuários devem enviar o aviso de arrependimento antes do fim do prazo. Quando termina o prazo de arrependimento?
Os Usuários que rescindirem corretamente um contrato serão reembolsados pelo Proprietário por todos os pagamentos feitos ao Proprietário, incluindo, se houver, aqueles que cobrem os custos de entrega.
No entanto, não serão reembolsados quaisquer custos adicionais resultantes da escolha de um método de entrega específico que não seja o tipo de entrega padrão mais barato oferecido pelo Proprietário.
Este reembolso será realizado sem demora injustificada e no prazo máximo de 14 (catorze) dias, a contar do dia em que o Proprietário foi informado da decisão do Usuário de rescindir o contrato ou da devolução efetiva do produto, o que ocorrer por último. Salvo se acordado de outra forma com o Usuário, os reembolsos serão efetuados por meio do mesmo método de pagamento utilizado para processar a transação inicial. O Usuário não incorrerá em quaisquer custos ou taxas em razão de tal reembolso.
Limitation of Liability and Indemnity
Unless otherwise specified or agreed with Users, the Owner’s liability for damages related to the execution of the Agreement will be excluded, limited, and/or reduced to the maximum extent permitted by applicable law.
Indemnity
The User agrees to indemnify and hold the Owner and their subordinates, affiliates, officers, agents, brand co-owners, partners, and employees legally harmless from any claim or demand – including, without limitation, legal fees and expenses – made by third parties due to or in connection with behaviors in violation of these Terms, third party rights or laws, carried out in connection with the use of the Service and attributable to the User, their affiliates, officers, agents, brand co-owners, partners, and employees, due to negligence.
Limitation of Liability for User Activities on MrCall
Unless otherwise specified and subject to applicable legal provisions, any claim for compensation against the Owner (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Owner’s liability for death, personal injury, or damage to physical or mental integrity, damages resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damages caused by intent or gross negligence, provided that the use of MrCall by the User has been appropriate and correct.
Except where damages are caused by intent or gross negligence or affect life and/or personal, physical, or mental integrity, the Owner is only liable to the extent of the typical damage foreseeable at the time of contract conclusion.
In particular, within the limits outlined above, the Owner assumes no responsibility for:
Notwithstanding the above, the following limitations apply to all Users who do not act as Consumers:
Australian Users Limitation of Liability
No provision of these Terms excludes, limits, or modifies any warranty, condition, indemnity, right, or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and that constitutes a right that cannot be excluded, limited, or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms, is limited, at the discretion of the Owner, to re-supplying the services or paying the cost of having the services supplied again.
USA Users Warranty Disclaimer
The Owner provides MrCall “as is” and “as available.” The use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly excludes all conditions, agreements, and warranties of any kind – whether expressed, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated in this document.
Notwithstanding the above, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not guarantee that the content is accurate, reliable, or correct; that the Service will be available at any particular time or location, uninterrupted and secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk, and the User is solely responsible for any damage to their computer system or mobile device or loss of data that results from such download or use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service. Moreover, the Owner does not take part in nor monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or not function properly with the User’s browser, device, and/or operating system. The Owner cannot be held liable for any perceived or actual damage arising from the content, operation, or use of the Service.
Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement grants Users specific legal rights. Users may also have other rights which vary from state to state. The limitations and exclusions provided by this Agreement apply to the extent permitted by law.
Limitation of Liability
To the maximum extent permitted by applicable law, neither the Owner nor its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees will be liable for:
This section on limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the User. These Terms grant the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The exclusions and limitations of liability set forth in these Terms shall apply to the extent permitted by law.
Indemnity
The User agrees to defend, indemnify, and hold harmless the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
Common Provisions
No Implicit Waivers
The failure to assert any right or provision under these Terms by the Owner does not constitute a waiver of future enforcement of that right or provision. The express waiver of any provision, condition, or requirement of these Terms does not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Service Interruption
To ensure the highest level of service quality, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, with adequate notice to Users.
Within the limits of law, the Owner may also decide to suspend or terminate the Service entirely. In case of termination of the Service, the Owner will work to allow Users to extract their personal data or information and will respect Users’ rights to the continued use of the product and/or compensation according to the legal provisions.
Moreover, the Service might not be available due to reasons beyond the Owner’s reasonable control, such as “force majeure” (e.g., serious infrastructure malfunctions, blackouts, etc.).
Resale of Service
Users are not permitted to reproduce, duplicate, copy, sell, resell, or exploit any portion of MrCall or the Service without the express written permission by the Owner, provided directly or through a legitimate reselling program.
Privacy Policy
Information about the processing of personal data is contained in the privacy policy of MrCall.
Intellectual Property
Without prejudice to any more specific provisions contained in these Terms, any intellectual property rights, such as copyrights, trademarks, patents, and design rights related to MrCall, are owned exclusively by the Owner or its licensors and are protected by the applicable laws and treaties around intellectual property.
All trademarks, both figurative and non-figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with MrCall are, and remain, the exclusive property of the Owner or its licensors and are protected by the applicable laws and treaties on intellectual property.
Modifications to Terms
The Owner reserves the right to modify these Terms at any time. In such cases, the Owner will provide proper notice of these changes to Users.
Modifications will affect the relationship with the User only after the acceptance date communicated to the User. The continued use of the Service implies acceptance by the User of the updated Terms. If the User does not wish to accept these changes, they must cease using the Service and can withdraw from the Agreement.
The previous version of the Terms will govern the relationship until accepted by the User. Such version may be requested from the Owner.
If required by law, the Owner will specify the date when the modified Terms will take effect.
Assignment of Contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract all or any rights or obligations under the Terms, taking into account the User’s legitimate interests.
Provisions relating to the modification of these Terms will apply.
The User may not assign or transfer their rights or obligations under the Terms without the written consent of the Owner.
Contact
All communications relating to the use of MrCall must be sent using the contact information indicated in this document.
Severability Clause
Should any provision of these Terms be or become null or unenforceable under applicable law, the nullity or unenforceability of such provision shall not affect the validity of the remaining provisions, which will remain in full force and effect.
US Users
Any provision found to be invalid or unenforceable will be interpreted and adapted to the extent necessary to make it valid, effective, and compliant with its original purpose.
These Terms constitute the entire agreement between the User and the Owner regarding the subject matter herein and supersede all prior agreements, including any prior agreements between the parties regarding the subject matter.
These Terms will be implemented to the fullest extent permitted by law.
European Users
Should a provision of these Terms prove to be null, invalid, or unenforceable, the parties shall endeavour to mutually agree on a valid and enforceable provision substituting the null, invalid, or unenforceable part. In the absence of agreement within the terms above, if allowed or foreseen by applicable law, the null, invalid, or unenforceable provision will be replaced by the applicable legal discipline.
Notwithstanding the above, the nullity, invalidity, or unenforceability of a specific provision of these Terms does not affect the validity of the entire Agreement, unless the null, invalid, or unenforceable provisions are essential to the Agreement or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would result in an undue and unacceptable burden on one of the parties.
Applicable Law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict of laws principles.
Prevalence of National Law
However, regardless of the foregoing, if the law of the country where the User resides prescribes a higher consumer protection level, such higher level of protection prevails.
Competent Jurisdiction
Exclusive jurisdiction to hear any dispute arising from or related to the Terms lies with the courts of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users who act as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway, or Iceland.
US Users
Post-Contractual Effectiveness
This Agreement remains valid until it is terminated by either MrCall or the User. Following the termination, the provisions contained in these Terms that by their nature are intended to survive termination or expiration of the Agreement will remain in effect, including, by way of example but not limited to, the following:
Dispute Resolution
Amicable Dispute Resolution
Users may bring any disputes to the Owner who will attempt to resolve them amicably.
While Users’ right to take legal action shall remain unaffected, in case of disputes regarding the use of MrCall or the Service, Users are requested to contact the Owner using the contact information provided in this document.
The User may file a complaint at the email address of the Owner stated in this document, including a brief description and, if applicable, the details of the order, purchase, or account affected.
The Owner will process the request without undue delay and within 2 days from its receipt.
Consumer Dispute Resolution Platform
The European Commission has established an online platform for alternative dispute resolution that facilitates the non-judicial resolution of disputes related to and arising from online sales and service contracts.
As such, every European Consumer or those based in Norway, Iceland, or Liechtenstein can use this platform to resolve disputes arising from contracts made online. The platform is available here.
