Terms of Service — Hahn Banach

Foreword

These Terms govern the use of MrCall and any other Agreement or legal relationship with the Owner in a binding manner. Capitalized expressions are defined in the “Definitions and Legal References” section. The User is requested to read this document carefully.

MrCall is a service of:

Hahn Banach LLC
2093 Philadelphia Pike #5034
Claymont, DE 19703
United States

Via Pasquale Sottocorno 17
20129 Milan
Italy

VAT number IT11619040964

Email address: [email protected]

Although the contractual relationship relating to the purchase of Products is concluded exclusively between Holder and Users, Users acknowledge and agree that, if the provision of MrCall is made through the Apple App Store, Apple may exercise rights under these Terms as a third-party beneficiary.

About MrCall

MrCall provides access to software that interacts with people (“Digital Assistant”). Each User has their own Digital Assistant, which can be configured via the mrcall.ai website or the MrCall mobile app (iOS/Android). The Assistant responds to a phone number or SIP account.

MrCall is not responsible for activating call forwarding from the User’s telephone or SIP lines to the Assistant: forwarding is handled, technically and contractually, by the telephone providers. MrCall provides support for activation/deactivation of forwarding.

Need to Know at a Glance

Certain provisions apply only to Consumers or only to non-consumer Users: these limitations are indicated in the individual clauses. In the absence of any indication, the clause applies to everyone.

Conditions of Use

Unless otherwise specified, the following conditions of use apply generally; any special conditions are expressly stated elsewhere in this document.

User Requirements

There are no restrictions as to qualification (Consumer/Professional).
The User must not be located in a country subject to U.S. embargoes or on sanctioned subject lists.

Registration and Account

To use the Service you must open an account, indicating complete and truthful data. It is not possible to use the Service without an account. The User must guard his/her credentials diligently, choosing strong passwords. By creating the account, the User is responsible for any activity performed with his/her credentials and must promptly notify the Owner in case of suspected violation or unauthorized use.

Registration Requirements

Accounts created via bots or automated means are not allowed.
Unless otherwise specified, only one account per User is allowed.
Accounts may not be shared with third parties unless expressly authorized.

Account Closure by User

You may close your account at any time by contacting the Owner at the contact information provided.

Account Suspension and Deletion by the Holder

The Holder may suspend or delete your account at its own discretion and without notice if it deems it inappropriate, offensive, or contrary to the Terms. Suspension/deletion does not entitle you to compensation or refunds and does not waive any fees due.

Content on MrCall and Rights

Except where otherwise noted, the content available on MrCall is the property of the Owner or its licensors. You may not use the content other than as necessary or implied for the proper use of the Service. You may not, without limitation, copy, modify, publish, transmit, sell, grant sublicenses, create derivative works, or allow third parties to perform such activities through your account.

When expressly stated, you may download or share specific content for personal, non-commercial purposes, while maintaining attributions and notices.

Removal of Content Available Through the App Store

Disputed content may be removed within 24 hours and the User responsible for the upload may be denied access to the Service.

Access to External Resources

Through MrCall, the User may access third-party resources over which the Owner has no control and for which the Owner is not responsible. The conditions applicable to such resources are established by the relevant third parties.

Permitted Use

MrCall and the Service may be used in compliance with the Terms and the law. The Owner may take measures to protect its legitimate interests (deny access, terminate contracts, report to authorities) if the User engages in or is suspected of engaging in violations of law or the Terms, injury of third party rights, prejudicial or offensive acts.

Software License

The intellectual property rights to the software/technology embedded in the Service are owned by the Owner or licensors. A revocable, non-exclusive, non-transferable and non-sublicensable license is granted, limited to the use of the Service. Any rights to the source code are excluded. The license terminates upon termination or expiration of the Agreement.

Terms and Conditions of Purchase

Some Products/Services offered through MrCall are chargeable. Fees, duration and conditions are indicated in the respective sections of the Site and during the purchase process. An account is required to purchase.

Product Description

Prices, descriptions and availability are shown on the relevant pages and may vary. Screen representation is indicative and does not guarantee specific features other than contractually agreed upon.

Purchase Procedure and Order Submission

The User selects the Product, checks the details and submits the order. Submission results in the conclusion of the contract and the obligation to pay prices, taxes and charges indicated. If information/instructions are requested by the User, submission implies an obligation to provide them. Confirmation by email follows.

Prices

Prices are shown exclusive of applicable fees, taxes and charges (shown before ordering).

Means of Payment

Payments are handled by third parties (e.g., Stripe). MrCall does not collect payment data and only receives the outcome. In the event of a failed payment, the Holder does not execute the order and may seek reimbursement of related charges/damages.

App Store Purchases

For purchases through third-party stores (Apple App Store, Google Play), the relevant third-party terms also apply and prevail in case of conflict.

Reservation of Usage Rights

Usage rights are considered to be granted only upon full payment received.

Delivery — Provision of Services

Services are rendered in the time/manner indicated on the Site or communicated prior to the order.

Contract Term — Trials and Subscriptions

Trial Period

There may be a free, nonrenewable trial period; some features may not be available. Upon expiration, unless cancelled, the trial converts to the corresponding paid plan.

Subscriptions

Subscriptions begin when the first payment is received. You must maintain regular payments to avoid interruptions. For subscriptions managed through Apple ID, Apple’s rules (auto-renewal, notice, and management through Apple settings) also apply.

Subscription Termination

Indefinite subscriptions may be terminated at any time by clear notice to the Holder; effective 2 days after receipt, unless otherwise instructed on the Site.

Changes in Features and Prices

MrCall publishes plan features and fees on the “Pricing” page and detail pages of the Site, which form an integral part of these Terms. The Owner may update prices and/or features for technical, economic or regulatory reasons, subject to transparency and proportionality:

1. Substantial Changes

Price increases; material removal or reduction of functionality:

Advance notice: at least 30 (thirty) calendar days.
Notification: email to the address associated with the account and posting on the Site.
Effective date: Monthly subscriptions: from the first renewal following the expiration of the notice. Annual/prepaid subscriptions: from the next renewal (no increase during already paid period).
Termination: the User may terminate without penalty before the effective date. If the change reduces functionality during an already paid period due to causes beyond the User’s control, the User may withdraw and obtain pro-rata refund of the unused period.

2. Non-Substantial or Ameliorative Changes

Technical optimizations, UI improvements, feature additions:

Advance notice: at least 7 (seven) calendar days, except for security or compliance emergencies.
No pro-rata refunds; the option to cancel for the future remains.

3. Obvious Errors

If there is an obvious error in price/information, the Holder may correct the information and offer to continue on the correct terms or allow withdrawal without cost.

4. Communications

Communications to the registered email are considered received when sent. Users must keep their contact information up to date.

5. Acceptance

Continued use after the effective date constitutes acceptance. Alternatively, the User may exercise withdrawal as above.

Limitation of Liability and Indemnity

Except to the extent required by law, the Holder’s liability for damages in connection with the performance of the Agreement is excluded or limited to the maximum extent permitted by law. Liability for death or personal injury, as well as for breach of essential contractual obligations or for willful misconduct/gross negligence remains unaffected.

The Holder is not liable for, among other things: interruptions due to force majeure or out of control events (line/energy failures, Internet, strikes, disasters, cyber-attacks, third party product/service interruptions); losses not directly resulting from breach of the Terms; lost profits or other indirect losses; malware related to Internet files.

For Non-Consumer Users, any compensation may not exceed the total fees due to the Holder for the preceding 12 months or for the entire term of the Agreement, whichever is shorter.

Indemnification

You indemnify the Owner (and related entities) against third party claims related to violations of the Terms, third party rights, or law, brought about through your account or the Service and attributable to you, including attorneys’ fees to the extent permitted by law.

Common Provisions

No Implied Waivers

Failure to exercise rights does not constitute a waiver. Waivers must be expressed.

Discontinuation of the Service

For maintenance/upgrades or other changes, the Owner may temporarily discontinue the Service, giving notice to Users, and to the extent permitted by law, may suspend operations. In case of termination, it will make efforts to allow the extraction of personal data and to respect the rights of Users.

Resale of the Service

Resale/exploitation of the Service without written consent of the Holder or membership in a resale program is prohibited.

Privacy

Information on the processing of personal data is contained in MrCall’s privacy policy.

Intellectual Property

Rights in MrCall (trademarks, copyrights, patents, designs, logos) are owned by the Owner or licensors.

Changes to the Terms

The Owner may change the Terms and will give notice to Users. Changes shall take effect from the date communicated. Subsequent use implies acceptance; otherwise the User must cease use and may withdraw. The previous version governs the relations until the acceptance of the changes and can be requested from the Owner. If required by law, the effective date will be communicated in advance.

Assignment of Contract

The Owner may transfer/assign rights and obligations taking into account the interests of Users. The User may not assign without written consent of the Owner.

Safeguard Clause

The possible nullity/ineffectiveness of one provision does not invalidate the remaining provisions, which remain valid and effective; where possible, the clause will be interpreted/adapted to reflect the original purpose.

Geographic Scope

MrCall is intended primarily for Users established in the European Union. Users using the Service from countries outside the EU agree that any contractual relationship shall be governed by Italian law, regardless of the place of access or use.

Applicable Law and Competent Court

The Terms are governed by Italian law. Exclusive jurisdiction for disputes: the court of the place where the Owner is established (Milan), unless otherwise mandatory protection of the Consumer provided by law. This is without prejudice to the higher level of protection that may be provided by the law of the country of the Consumer User.

Dispute Resolution

Amicable Settlement

Disputes can be reported to the Holder, who will attempt an amicable settlement. User may send complaint via email, with brief description and, if applicable, order/purchase/account details. The Holder will respond without undue delay and within 2 days.

ODR Platform

EU Consumers can use the European Online Dispute Resolution (ODR) platform for contracts concluded online.

Definitions and Legal References

MrCall (or “Application”): the facility that enables the provision of the Service.
Agreement: any legal relationship between Owner and User governed by the Terms.
User: the natural or legal person using the Service.
Consumer: User considered as such under applicable law.
Product/Service: good/service offered through MrCall (including booking services, software, Digital Products).
Owner (or “We”): the entity that provides MrCall and/or offers the Service.
Terms: the conditions applicable to the use of MrCall and/or the provision of the Service, in the most current version.

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