Custom End User License Agreement | Cube Call Recorder (iOS)

Last Revised: 30 Aug, 2022

Cube Call Recorder made available through the App Store is licensed, not sold, to you. Cube Call Recorder is an application that lets you easily record your incoming and outgoing phone calls (hereinafter “App”). Your license to the App is subject to your prior acceptance of the Custom End User License Agreement (“Custom EULA”) between you and Cube Apps Limited (hereinafter “Application Provider”).

Please read this Custom EULA carefully. By downloading, connecting to, accessing, activating or using the App, you are indicating that you have read and understood Custom EULA and you consent to be bound by Custom EULA. If you do not agree to any of Custom EULA, you are not allowed to download, connect to, access, activate or use the App and are obligated to uninstall or erase the App.

The Application Provider reserves all rights in and to the App not expressly granted to you under this Custom EULA. The Application Provider reserves the right to amend the provisions of this Custom EULA at any time.

Property Rights.

In the relationship between Application Provider and you, according to the assumptions in this Custom EULA, Application Provider will have all rights, title and interest in: (1) the App; (2) any other product developed by Application Provider in relation to the App; and (3) any or all of the Intellectual Property Rights contained in them.
For the purposes of this Custom EULA, “Intellectual Property Rights” means all patents, copyrights, moral rights, trademark rights, trade secrets and any other forms of intellectual property rights recognized in any jurisdiction, including the application and registration for each of the foregoing.

Trademarks.

Application Provider logos provided through the App are trademarks of Application Provider and their suppliers or licensors, and may not be copied, imitated or used in whole or in part without the prior written permission of Application Provider or the respective trademark owner. You cannot use any meta tags, “hidden text”, any trademark or product of an Application Provider without our prior written permission. In addition, the App, including all page titles, graphics, button icons and fonts, are service marks, trademark and /or design of Application Provider goods, and cannot be copied, imitated or used in whole or in part without prior written permission. All other trademarks, registered trademarks, product names and company names or logos provided through the App are the property of their respective owners. Mention of any products, services, processes or other information by trademarks, trademarks, manufacturers, suppliers or in any other way does not accept or implies endorsement, sponsorship or recommendation by us.

Assumptions and Limitations.

In accordance with this Custom EULA, Application Provider merely grants to you a non-exclusive, non-transferable, revocable right to access and use the App. To clarify, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the App to third parties. You may not copy (except as permitted by this Custom EULA), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
You may not use or otherwise export or re-export the App except as authorized by law. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The App and related documentation are “Commercial Items“, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software“ and “Commercial Computer Software Documentation“, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Consent to Use of Data.

You agree that Application Provider may collect and use technical data and related information - including but not limited to technical information about your device, system and application software, and peripherals - that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. Application Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Application Provider may also collect some information, including but not limited to your First Name, Last Name, Physical Addresses, Telephone, Fax, SSN, and other information stored within your device.
To better understand which personal and non-personal information is collected and processed by the App, please read the Application Provider Privacy policy in detail.

Supported Applications and Devices.

The App supports:
Base application functionality:
- Voice memo recording.
Premium application functionality:
- Phone call recording;
- Authentication by Code, Face ID, Touch ID;
- Storage of the records in a cloud;
- Commenting on the records.

Required access.

The App uses and accesses to:
- your phone's microphone and audio source for creating voice memos.
- your contacts to match the recording with the contact's details.
If you upload your recording to cloud storages or websites, the treatment of your personal data is expressed and governed by their Privacy Policy.

In-app Payments.

Basic application functionality, namely voice memo record, are provided for free. The App also may offer in-app purchases for additional Premium application functionality, such as phone call recording, authentication by Code, Face ID, Touch ID, storage of the records in a cloud (iCloud and others), commenting on the records, transcription of the records and other extra options.

External Services.

The App may enable access to Application Provider’s and/or third-party services and websites (collectively and individually, “External Services“). You agree to use the External Services at your sole risk. The Application Provider is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Application Provider. You will not use the External Services in any manner that is inconsistent with the terms of this Custom EULA or that infringes the intellectual property rights of Application Provider or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Application Provider is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Application Provider reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

Third-party Ads.

The App may present advertisements or links to third-party websites, products or services (“Third-party Ads”). We are not responsible for the availability of these Third-party Ads, or the images, messages or other materials contained therein. Application Provider does not control, endorse or adopt any Third-party Ads and makes no representation or warranties of any kind regarding the Third-party Ads including, but not limited to, its accuracy or completeness.
You acknowledge and agree that the Application Provider is not responsible or liable in any manner for any Third-party Ads and undertakes no responsibility to update or review any Third-party Ads. Users use such Third-party Ads contained therein at their own risk. This provision will survive past the termination of App usage.

NO WARRANTY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS“ AND “AS AVAILABLE“, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Liabilities.

You must use reasonable security measures in connection with your use of the App. You have to comply with the Laws with respect to your use of the App. For the purposes of this Custom EULA, “Laws” means federal, national, state, provincial, municipal and local laws, rules, regulations, court orders, decisions and sentences in each jurisdiction applicable to you or Application Provider.
Before using the App, you must familiarize yourself with the legislation of your country regarding the recording of calls with the participation of third parties. The legislation regarding phone call recording varies in different countries and states. Please, make sure that you're not violating the law of your or your callee/caller country. Always notify the callee/caller that your conversation will be recorded and ask for their permission. Application Provider is not responsible for the legality of your use of the App.

Limitation Of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Termination.

This Custom EULA is effective until terminated by you or the Application Provider. Your rights under Custom EULA will terminate automatically if you fail to comply with any of its terms.
You can stop using the App anytime, as well as cancel your premium subscription, - in your App Store account.

Governing Law.

The laws of Cyprus excluding its conflicts of law provisions, shall govern the relationship between you and the Application Provider. You and the Application Provider agree to submit to the personal and exclusive jurisdiction of the courts located on the territory of Cyprus to resolve any dispute or claim arising from this Agreement.

Contact Us

If you have any questions about This Custom EULA or the App, please contact us at
Cube Apps Limited
79 Spyrou Kyprianou Avenue,
Protopapas Building 2nd
floor Office 201,
Limassol 3076,
Cyprus
info@cubeacr.app