BUNIQ S.R.L. ("toctoc" or "toctoc®" or "we" or "us" or "our" or other similar pronouns) offers you ("you" "your" "user") calling and text messaging services through toctoc’s licensed software application ("Licensed Application" "Service" "Application") for mobile devices available on toctoc’s website at www.toctocapp.com ("Site") or other third party websites. The Site, the Licensed Application and the various toctoc services offered to you may be collectively referred to in these terms as the "Service", the "Site" or the "Application". The brand toctoc®, the application toctoc® and the website www.toctocapp.com are the property of BUNIQ S.R.L.
In some countries there are restrictions on the use of the Licensed Application. It is your responsibility to ensure that you are legally allowed to use toctoc® where you are located. toctoc® is not responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
Your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without toctoc®'s prior written authorization; you agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service, and you are forbidden from ripping the content unless specifically allowed; you may not rent, lease, lend, sell, redistribute or sublicense the Service; you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof.
In order to access and use the features of the Service, you acknowledge and agree that you will have to provide toctoc® with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, toctoc® access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. Once you have downloaded the Service and become a toctoc® user, you can call any other toctoc® user for free. In addition, toctoc® offers you the opportunity to become a toctoc® Out user, which allows you to call non- toctoc® users around the world at the rates set forth in paragraph below.
In addition, you are allowing certain incoming calls generated outside the toctoc® network, by your friends or other people calling your number, to be received by your mobile device through the Licensed Application (hereinafter: "toctoc® In"). "toctoc® In" is provided to you for free. The Service is controlled and offered by toctoc® from its facilities in Italy. toctoc® makes no representations that the toctoc® Service is appropriate or available for use in other locations. Those who access or use the toctoc® Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The toctoc® Service allows toctoc® users to submit status text, profile photos and other communications submitted by you, as well as the automatic submission of your "last seen" status (collectively, the "Status Submissions"). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You are responsible for the status messages that you submit and that are displayed for your mobile phone number on the toctoc® Service. You must notify toctoc® immediately of any breach of security or unauthorized use of your mobile phone. toctoc® will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of toctocor others due to such unauthorized use. The Service is provided to you for your information and personal use only. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes. These Status Submissions may be hosted, shared, and/or published as part of the toctoc® Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone. You acknowledge and agree that any Status Submissions may be globally viewed by users that have your mobile phone number. If you choose to use the Service to call a number outside of the toctoc® community, you must use our toctoc® Out software and create a account so that your payment for the toctoc® Out Service can be processed. You are responsible for all activities that occur under your User Account. You agree to notify toctoc® immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account. toctoc® will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. toctoc® takes no responsibility for your failure to comply with the obligations in this Terms of Service. toctoc® is only acting as a repository of data. toctoc® makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize toctoc® to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service; and you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service. toctoc® does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. toctoc® does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and we will remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. The foregoing license granted by you terminates once you remove or delete a Status Submission from the toctoc® Service. In connection with Status Submissions, you further agree that you will not: submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant toctoc® all of the license rights granted herein; publish falsehoods or misrepresentations that could damage toctoc® or any third party; submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business; impersonate another person; send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Service or the data contained therein; or attempt to gain unauthorized access to the Service or its related systems or networks. toctoc® reserves the right to remove content and Status Submissions without prior notice. toctoc® may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. toctoc® also reserves the right to decide whether content or a Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. toctoc® may remove such Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. You acknowledge that you may be exposed to Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against toctoc® with respect there to, and agree to indemnify and hold toctoc®, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the toctoc® Service. toctoc® reserves the right to discontinue any aspect of the toctoc® Service at any time.
When installed toctoc® and you activate the app, you'll be asked to provide your phone number and allow access to your contacts. A copy of your telephone numbers and associated names (with the exception of notes, and any other personal information in your address book) could be stored on our servers exclusively by:
toctoc® allows you to attach your current location information via messages can be sent to other users. If you choose to share your location with a specific group of users will be retrieved from your device and sent to our server with the message. toctoc® uses this location for this purpose and for managing locationaware advertising services and removes it from their server once the message is deleted. To avoid misunderstandings toctoc® does not share information about your location in any other case except those which you have specifically requested.
In the event that it introduced a forum for conversation (Forum), you will be solely responsible for the information and all other content published on the inside of the post. We do not exercise control over other users or visitors to the site, and we are in no way responsible for any collection of information that could be displayed in the forum. We invite you to be very discreet and pay close attention to the personal information that you enter in the forum.
If you have allowed your device to accept cookies we might be used on the site. Cookies are pieces of information transferred to the hard disk of the site for purposes of individual user behavioral. Cookies may be used to analyze site usage, improve and customize the content and layout and other operations in service of our customers. All these information are used to improve and personalize your experience on our sites. Most web browsers can be set to inform you of the opportunity to refuse these cookies. Also, if you have a Flash player installed on your computer, this can be set to reject or delete Flash cookies. In any case, the rejection of these cookies in some cases may preclude the use or have a negative impact on the display or use of the site in certain areas or certain features of it. Our servers may automatically collect information related to your IP address when you visit our website. This information such as your IP address, which is a number that is automatically assigned to your computer by your Internet Service Provider may be stored along with demographic information. Our servers may also save the referrer page (or another site or a search engine) that you have permission to access indirectly to our site. The ads are shown and / or clicked, information about the type of browser used, your computer, the platform, the search terms used on the site or on the referrer page and all web activities will also be logged on our servers. We will use this information only for administrative purposes to help the system to diagnose problems with our servers and to administer our services. Some information may be used for demographic such as the country of origin of your ISP. We do not send any personal information including email addresses and congregations of data to our users. All of these activities regarding the use of the information on our website can be made by our ISP including, for example, our supplier of statistics manager or our emails.
You come to our website and / or download our APP from another website. In addition, our site may contain links that may allow you to leave our website and access other websites. Web sites linked to and from our website are not under the control of toctoc® and it is possible that these websites have different privacy policies. The policies applied by us are valid only for the personal information that is acquired on the Site or through the use of our services and / or the relationship with toctoc®. We would like to take care of your personal information when you enter any personal information online. We are not responsible for what is handled on other websites.
We do not rent, sell or share any information about users. The only causes for which we may disclose your personal information are:
We attach great importance to the protection of personal data against misuse, loss and unauthorized access. At the same time we can not guarantee that personal information is not accessed by unauthorized persons. We have physical, electronic and procedural safeguards to enable the policy. Personal information is stored on our servers that are protected on secure networks that are accessed by a few authorized employees. There are however methods or systems of electronic storage that allows to ensure 100% security.
In the event that there will be a business transaction, such as merger / acquisition by other companies, or sale of all or a portion of our assets, your personal information will be sent all'assets transferred. As part of this transaction, the new entity will be required to ensure the same level of protection of personal data. If the customer can not provide the same level of data protection, the transaction will fail. We will indicate on our web site through news, any change in ownership.
From time to time we may revise our policies. We reserve the right to update or change the our policies, or any other of our policies or practices at any time with or without notice. You will be notified through our website for any revisions of the policy, so that you may always be aware of what information we store and how they are used in certain circumstances. You accept the revision periodically so you will be always aware of the changes.
If you do not agree to these policies may not use the website, the app and any other service.
If you provide us your email address and want to upgrade, you can do so by sending an email to email@example.com. If you do not want to receive email communication from us, such as offers, newsletters or updates, you can do so by following the instructions provided in every newsletter that we send out. In addition, you can remove your email address at any time by sending an email with the subject to CANCELLATION firstname.lastname@example.org For technical reasons we do not know how and when you delete the app, For this reason, if we see any activity from your device for 45 days, we will assume that you have deleted the application and we will delete your data from our servers, being a statistic (You may be on vacation ), your account will not be deleted. We do not want to force you to sign in again if you do not use.
For any questions regarding these policies you may contact us via the email address email@example.com or by writing to "BUNIQ S.R.L. via L.Sciascia Coop. Serenella Pal. 8 98168 Messina, ME, Italy".
You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to toctoc® when choosing to participate in various uses of the toctoc® Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the toctoc Service, toctoc® will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other toctoc® users ("in-network" numbers), or otherwise categorize other mobile phone numbers as "out-network" numbers, which are stored as one-way irreversibly hashed values.
When you visit the toctoc® Site, we may send one or more cookies to your computer that uniquely identifies your browser. toctoc uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the toctoc® Site may not function properly if the ability to accept cookies is disabled.
When you use the toctoc® Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the toctoc® Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to. Our servers may also save the referrer page ( or another site or a search engine) that you have permission to access indirectly to our site. The ads are shown and / or clicked, information about the type of browser used, your computer, the platform, the search terms used on the site or on the referrer page and all web activities will also be logged on our servers. We will use this information only for administrative purposes to help the system to diagnose problems with our servers and to administer our services. Some information may be used for demographic such as the country of origin of your ISP. We do not send any personal information including email addresses and congregations of data to our users. All of these activities regarding the use of the information on our website can be made by our ISP including, for example, our supplier of statistics manager or our emails. Web sites linked to and from our website are not under the control of toctoc® and it is possible that these websites have different privacy policies.
Our copy of your address book is stored in a live database. This database has no backup historicized so if you delete the directory from our servers, it will be permanently removed and definitive. Your phone number will be verified through a text message that will be sent. CDR: for each message and call that goes through the system. These are industry standard records used by all phone companies. We maintain this information in order to better understand network behavior and trends (numbers of messages and calls made by users, typical destinations, call lengths, network type, etc.), detect potential outages and technical issues (this helps us notice things like a drop in call volume in a certain geography, a shift in call length, a change in typical networks, etc.) and for public safety reasons. All log analysis is done in an anonymous, aggregate, non-personally identifiable manner.
We may look into a specific Call Detail Record in response to a customer support request. Audio calls by users are transmitted either directly from user to user or, if direct transmission is not possible (due to, for example, firewalls), toctoc servers are used to transmit the call. In the latter scenario, the information transmitted is stored briefly in volatile memory (RAM) solely to enable the transmission of the call to the other user. WE DO NOT RECORD ANY PART OF YOUR CALL.
Messages and files that are sent through the toctoc® Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies. toctoc® may interact with your phone's SMS inbox or call history for the sole purpose of service activation, placing incoming messages in your inbox, reading the contents of the activation SMS sent to you by toctoc® WE WILL NOT ACCESS THE CONTENTS OF ANY OTHER SMS. We use an outside company to send to you the authentication sms. This external company has a contractual obligation to use your phone number only to forward the message text provided by us.
The ownership of the server toctoc® is BUNIQ S.R.L. We may ask you from time to time to provide us with information regarding your experience that will be used to measure and improve the quality of service offered. You are not required to provide such information. Any information that is voluntarily sent via the feedback form on the website or any survey that you accept to take part will be used for the purpose of improving toctoc® software, products and website. We may contact you about problems sending sms or service error. We also reserve the right to use email to notify us of any claims related to your use of our software / websites / products including, without limitation, claims related to violations of the rights of third parties. We may send you notifications when someone tries to contact you . We may also use the service to keep you updated or news regarding the software or products that have been purchased and / or inform you about other products related to toctoc®.
toctoc® uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to toctoc® and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the toctoc® Service is never recommended. Once we receive your transmission of information, toctoc® makes commercially reasonable efforts to ensure the security of our systems. However this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Personal information is stored on our servers that are protected on secure networks that are accessed by a few authorized employees. toctoc® may post a notice on the toctoc® Site or through the toctoc® Service if a security breach occurs.
In the event that toctoc® is acquired by or merged with a third party entity, we reserve the right to transfer assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used. We will indicate on our web site any change in ownership.
IF YOU CHOOSE TO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE SERVICE.
If you want to receive email communication from us such as offers, newsletters or updates please send an email to firstname.lastname@example.org . If you do not want to receive email communication from us follow the instructions provided in every newsletter that we send out. In addition, you can remove your email address at any time by sending an email with the subject to CANCELLATION email@example.com For technical reasons we do not know how and when you delete the app so we reserve the right to delete your account and your data if you don’t use the Service from your device for 45 days.
Date Last Modified:
Terms of Service was last modified February 16th, 2016
Privacy Notice was last modified February 16th, 2016
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