The Data Plus Global Application (“App”) End-User Licence Agreement
(“EULA”) is issued by NDASSI LIONEL MBAKU (Developer) and Subash Technosis
Private Limited (as a Joint Venture), located at QUARTIER MENDONG, DERRIERE
LE CAMP, yaounde - Cameroon (CM) ("Licensor"), for use only under the terms of
“The Agreement”.
The “App” is licenced to the end-user for use only under the express terms of the
“EULA”.
By downloading the “EULA”, and any subsequent updates, the user accepts the terms
of the “EULA” , its “Usage Rules” and agrees to be bound by all of the Terms and
Conditions contained therein and all associated documentation.
The “Licensor” reserves all rights not expressly granted to the end-user. Breach
includes infringing acceptable usage policy dictated by the Sim carrier.
1. THE APP (PRODUCT CLAIMS)
2. END USER WARRANTIES
3. REQUIRED END-USER PERMISSIONS
4. END-USER RIGHTS AND RESTRICTIONS
5. APP MAINTENANCE AND SUPPORT
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENCE
8. LIABILITY
9. WARRANTY
10. LEGAL COMPLIANCE
11. CONTACT INFORMATION
12. TERMINATION
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
14. INTELLECTUAL PROPERTY RIGHTS
15. APPLICABLE LAW
16. MISCELLANEOUS
The “App" is software customised for mobile devices ("Devices") and created to beta
test Voice over Internet Protocol (“VoIP”) services. The “App” is used to optimise
“VoIP” call terminations. The “App” allows the end-user to directly join Minutes Network
and receive calls that terminate on the end-user’s mobile handset via the “App”. As a
reward, the Licensor will provide allocations of data to the end user, from time to time,
as long as the app is active on their device.
By downloading the “App” and agreeing to the “EULA” the end-user warrants and
represents to be at least 18 years of age, and the legal owner of the mobile device
upon which the “App” is operable. Creation of an end-user account in the “App” renders
the end-user liable for maintaining the security of their account and accepts full
responsibility for all activities that occur under the account and any other actions taken
in connection with it.
As a beta tester of the “App”, the end-user consents to allow the “App” the following
Android permissions:
ACCESS_FINE_LOCATION?;
ACCESS_WIFI_STATE;
ACCESS_NETWORK_STATE;
ACCESS_WIFI_STATE;
POST_NOTIFICATIONS;
READ_PHONE_STATE ;
READ_CONTACTS and
RECORD_AUDIO.
The end-user also agrees to receive “App” updates via text message.
4. END-USER RIGHTS AND RESTRICTIONS
By accessing the “App” and its services, the end-user is granted a revocable, non-
exclusive, non-transferable, limited right to install, access and use the “App” on
wireless electronic devices under their ownership or control by the end-user, strictly in
accordance with the terms and conditions of the “EULA” and all subsequent updates.
The end-user may not:
(1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the “App”;
(2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the ̈App ̈;
(3) violate any applicable laws, rules, or regulations in connection with
your access or use of the “App”; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted
by the Licensor;
(5) use the “App” for any revenue-generating endeavour, commercial
enterprise, or other purpose for which it is not designed or intended;
(6) make the “App” available over a network or other environment, or
permitting access or use by multiple devices or users at the same time;
(7) use the “App” for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the
“App”;
(8) use the “App” to send automated queries to any website or to send
any unsolicited commercial email; or
(9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing,
or distribution of any applications, accessories, or devices for use with
the “App”.
Apple and Android Devices
The following terms apply when you download the “App” obtained from either the
Apple Store or Google Play (each a 'Distributor') to access its services:
(1) the “EULA” granted to you for the “App” is limited to a non-
transferable licence to use the application on a device that utilises the
Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable “Distributor’s”
terms of service;
(2) The “Licensor” is responsible for providing any maintenance and
support services with respect to the “App” as specified in the terms and
conditions of the “EULA”.
Data Plus+ is not obligated, expressed or implied, to provide any maintenance,
technical or other support for the “App”.
6. USER-GENERATED CONTRIBUTIONS
The “App” does not offer users to submit or post content. The “Licensor” may provide
you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to them directly or in the “App”, including
but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions"),
but is under no obligation so to do.
Where user-generated contributions (“Contributions”) are permitted, they may be
viewable by other users of the “App” and through third-party websites or applications.
As such, any “Contributions” may be treated in accordance with the “App’s” Privacy
Policy. When creating or making any “Contributions”, the end-user represents and
warrants:
1. The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of all
“Contributions” does not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret,
or moral rights of any third party.
2. They are the creator and owner of or have the necessary licences,
rights, consents, releases, and permissions to use and to authorise the
“Licensors”, the “App” and other “App” end-users to utilise such
“Contributions” in any manner contemplated by the “Licensor” and the
“EULA”.
3. To have the written consent, release, and/or permission of each and
every identifiable individual person in such “Contributions” to use the
name or likeness or each and every such identifiable individual person to
enable inclusion and use of your “Contributions” in any manner
contemplated by the “Licensor” and the “EULA”.
4. Such “Contributions”
I. Are not false, inaccurate, or misleading.
II. Do not constitute unsolicited or unauthorised advertising,
promotional materials, pyramid schemes, chain letters,
spam, mass mailings, or other forms of solicitation.
III. Are not obscene, lewd, lascivious, filthy, violent, harassing,
libellous, slanderous, or otherwise objectionable (as
determined by the “Licensor”).
IV. Do not ridicule, mock, disparage, intimidate, or abuse
anyone.
V. Are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence
against a specific person or class of people.
VI. Do not violate any applicable law, regulation, or rule
including any applicable law concerning child
pornography, or otherwise intended to protect the health or
wellbeing of minors.
VII. Do not violate the privacy or publicity rights of any third
party.
8. LIABILITY
IN NO EVENT WILL THE “LICENSORS”, OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM ANY END-USER’S USE OF THE
SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN
ADVISED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE “LICENSOR’S” LIABILITY TO END-USERS FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY THE
END-USER TO THE “LICENSOR” DURING THE TWENTY-FOUR (24) MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR NOMINAL AMOUNT.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
Data Plus+. warrants that the “App” is free of spyware, trojan horses, viruses, or any
other malware at the time of download. The “Licensor” warrants that the “App” works
as described in the end-user documentation.
No warranty is provided for the “App” that is not executable on any device, that has
been unauthorizedly modified, handled inappropriately or culpably, combined or
installed with inappropriate hardware or software, used with inappropriate
accessories, regardless if by the end-user or by third parties, or if there are any other
reasons outside of Data Plus+'s sphere of influence that affect the executability of the
“App”.
The end-user must inspect the “App’s” “EULA” and Terms & Conditions
immediately after installing it and notify Data Plus Global
about any issues discovered without delay by email provided in Contact Information.
The defect report will be taken into consideration and further investigated if it has been
emailed within a period of 30 days after discovery.
If the “Licensor” confirms the “App” is defective, they reserve the right to choose to
remedy the situation either by means of solving the defect or substitute delivery.
In the event of any failure of the “App” to conform to any applicable warranty, the end-
user may notify Data Plus+. To the maximum extent permitted by applicable law, Data
Plus+ will have no other warranty obligation whatsoever with respect to the “App”, and
any other losses, claims, damages, liabilities, expenses and costs.
The end-user represents and warrants that they are not located in a country that is
subject to a US Government embargo, or that has been designated by the US
Government as a "terrorist supporting" country; and that the end-user is not listed on
any US Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the “App” please
contact:
Data Plus Global
NDASSI LIONEL MBAKU (Developer)
Address
QUARTIER MENDONG
DERRIERE LE CAMP
yaounde - Cameroon (CM)
Email: info@dataplusapp.io
The “EULA” is valid until terminated by Data Plus+ or the end-user. End-user rights
under any prevailing “EULA” will terminate automatically and without notice from Data
Plus+ if the end-user breaches any term(s) of the “EULA”. Upon such termination, the
“Licensor” is entitled to permanently block and prohibit all use of the “App” by the end-
user.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Data Plus+ represents and warrants that Data Plus+ will comply with applicable third-
party terms of agreement when using “App”.
Data Plus+ and the End-User acknowledge that, in the event of any third party claim
that the “App” or the End-User's possession and use of the “ App” infringes on the third
party's intellectual property rights, Data Plus+ will be solely responsible for the
investigation, defence, settlement, and discharge or any such intellectual property
infringement claims.
15. APPLICABLE LAW
This “EULA” is governed by the laws of India excluding its conflicts of law rules.
If any of the terms of the “EULA” should be or become invalid, the validity of the
remaining provisions shall not be affected. Invalid terms will be replaced by valid ones
formulated in a way that will achieve the primary purpose.
Collateral agreements, changes and amendments are only valid if laid down in writing.
The preceding clause can only be waived in writing.
Last updated 19/10/2024