DIALBACK TERMS OF USE

Effective Date: August 20th, 2025

Last Modified: August 20th, 2025

THE AGREEMENT: The use of this mobile application, DialBack, and any and all services on this mobile application, provided by Brooklyn Phone Company, LLC. ("Brooklyn Phone Company, LLC." or the "Company"), are subject to the following Terms of Use Agreement (hereinafter the "Agreement"), all parts and subparts of which are specifically incorporated by reference here. This Agreement shall govern the use of all sections, subsections, pages, and screens on the mobile application (“Mobile Application” or "DialBack") and any services provided by Brooklyn Phone Company, LLC. or on DialBack ("Services").

This Agreement also specifically incorporates by reference the DialBack Privacy Policy available at the following link: https://brooklyn-phone.com/privacy

ARTICLE 1 - DEFINITIONS:

The parties referred to in this Agreement shall be defined as follows:

a) Company, us, we: Brooklyn Phone Company, LLC., as the creator, operator, and publisher of DialBack, makes DialBack, and certain Services on it, available to its users. Brooklyn Phone Company, LLC., Company, us, we, our, ours and other first-person pronouns will refer to Brooklyn Phone Company, LLC., as well as all employees and affiliates of Brooklyn Phone Company, LLC.

b) You, the User: You, as a User of DialBack or as a User of any of the DialBack Services, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User.

c) Parties: Collectively, the parties to this Agreement (the Company and you) will be referred to as "Parties".

ARTICLE 2 - ASSENT & ACCEPTANCE:

By using DialBack, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the DialBack mobile application and cease any use of the DialBack Services. The Company only agrees to provide use of DialBack and the Services to you if you assent to this Agreement. BY USING DIALBACK, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BE BINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION. FURTHER INFORMATION CAN BE FOUND IN ARTICLE 29C BELOW.

ARTICLE 3 - AGE RESTRICTION:

You must be at least 18 (eighteen) years of age to use DialBack or any Services contained herein. By using DialBack, you represent and warrant that you are at least 18 (eighteen) years of age and may legally enter into a binding contract with DialBack. We disclaim any liability for any misrepresentation of your or any other user's age. You further represent and warrant that you are not currently on, and have never been on, any sex offender registry in any local, state, or federal jurisdiction, that you are not a convicted felon and that you are not prohibited from using DialBack under the laws of the United States or any applicable jurisdiction. Specifically, you represent and warrant that you are not on the U.S. Treasury Department's list of Specially Designated Nationals. The Company assumes no responsibility or liability for any misrepresentation of your age.

ARTICLE 4 - DESCRIPTION OF SERVICES:

DialBack is a mobile application whereby Users can make outgoing calls against credits or subscription plans purchased in advance over internet networks. Such credits and subscription plans are purchased via the “In-App Purchase” feature on Apple mobile devices, discussed further below. Through the use of DialBack, Users can make and receive low-cost international calls.

Your use of DialBack begins when you download the application.  After downloading, you will be asked to register with us by allowing DialBack to identify you based on the iCloud account configured on your device on an in-app purchase receipt produced by Apple.This will allow you access to DialBack and the Service thereon. Please be advised that any device signed into your specific iCloud account will be permitted to access DialBack as well as all the services provided thereon. You are responsible for maintaining adequate security and control of any and all iCloud account information and the devices through which you are logged in. You are responsible for keeping your iCloud account information and other contact information up-to-date with DialBack.

ARTICLE 4.1 - SUBSCRIPTION

Users may choose to sign up for a subscription plan with DialBack. By signing up for a subscription plan, you will be able to place calls to a specific country for the monthly price displayed in the Mobile Application.  

DialBack may, in its sole discretion offer special opportunities and/or pricing for different subscription plans. As described in this Agreement, subscriptions are designated for individual use only and all such use must comply with DialBack Fair Use policy as provided in Article 6 below.

DialBack may at its option, terminate its subscription relationship with you, or may suspend your subscription immediately, for any reason or no reason, including if DialBack determines you are using your subscription contrary to the terms in this Agreement. DialBack reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Should DialBack terminate a User’s subscription as provided in this section, the User’s subscription will expire at the end of the current billing period, unless provided otherwise by DialBack.  Where reasonable, DialBack will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, DialBack may offer you an alternative subscription.

DialBack reserves the right to withdraw or change the subscription plans at any time. If DialBack changes the Services included in your subscription, DialBack will notify you in the app about the changes and their effective date. If you do not wish to accept these changes, you are entitled to terminate your subscription, which shall be effective at the end of your current billing period.

By selecting a subscription, it is important to understand that Users are not purchasing a phone number through DialBack; instead, the User is able to place and receive calls using shared numbers as offered by DialBack. As such, Users may not assign or transfer a phone number to any third-party or “port” any number to any carrier or third-party company.

Should a User’s subscription end for any reason (including but not limited to, the user’s decision, accident, or oversight, DialBack’s termination of such subscription, or for unforeseen reasons, including service interruption); should the subscription not be restored within seven (7) days of the end of the subscription, there is no guarantee that the User will be able to keep receiving or placing calls using the same caller-ids in the future.

ARTICLE 5 - SERVICES NOT FOR EMERGENCIES:

By using DialBack, you acknowledge and agree that DialBack is an application designed to provide for low-cost international calling and other enhanced call features. DialBack is not meant to provide, nor does it allow for, calling to any emergency numbers, for example, to 911 or other public access numbers. DialBack assumes no liability for any unsuccessful outbound calls and/or messages and has no responsibility to provide access to emergency numbers or services under any applicable law. You acknowledge and agree that it is your sole and exclusive responsibility to maintain traditional telephone services for access to emergency numbers and that DialBack does not and can not replace traditional telephone services.

ARTICLE 6 - DIALBACK FAIR USE:

DialBack may, at any time and for any reason, refuse the Services to anyone. Such refusal may be due to external factors, such as the geographic location of Users, or may be a refusal at DialBack’s discretion.

Users may not use DialBack to further any fraud or abuse. All Users must abide by the Acceptable Use Policy located elsewhere in this Agreement. Additionally, Users may not use DialBack:

• For telemarketing, call center or other direct marketing purposes;
• To share subscriptions in violation of this Agreement;
• To re-sell credits or subscriptions to other Users,
• For any kind of commercial purpose, other than your individual or business communicative use;
• For any unlawful acts or acts in furtherance of any unlawful activity.

ARTICLE 7 - PAYMENT & BILLING:

DialBack permits provision of purchases within the application for call subscriptions. Any such purchases will be processed by the owner and operator of the application store located on your device, the Apple iTunes Store. Purchases made within the application are a result of the relationship between you and the Apple iTunes store and subject to their user agreement, which can be accessed below.

Apple iTunes: http://www.apple.com/legal/internet-services/itunes/us/terms.html

Your payment and billing information, including, but not limited to, your credit card or debit card and billing address, will be processed only through the Apple iTunes store. At the time of your purchase, you will pay the amount required and you will be shown a breakdown of what you will be billed. You hereby authorize the charge on your Apple iTunes account through DialBack.

Unless stated otherwise, all rates and prices are in the currency of the United States of America.  

Rates for subscriptions may change at any time and for any reason, with or without notice. DialBack does not warrant that you will be prior advised of such rate changes.

As DialBack uses the internet to connect your calls, data fees by your service provider are always applicable, including “roaming” charges if attempting to use DialBack abroad or in areas not covered by your mobile provider’s rate plan.

Calls must be limited to 90 (ninety) minutes or less. Calls will automatically disconnect at the expiration of the subscription or at the 90 (ninety) minute mark.

Our “Unlimited Calls” plan is intended for personal, non-commercial use only. To ensure fair access for all users and to prevent misuse, usage is subject to our Fair Use Policy:

Unlimited calling is capped at 600 minutes per month per account.

Exceeding this threshold may result in additional charges, temporary suspension, or plan termination at our discretion.

The plan may not be used for call centers, automated dialing, resale, or any other commercial purposes.

We reserve the right to monitor usage patterns to ensure compliance with this policy.

Subscription plans will be processed through the Apple iTunes store. If you choose to sign up for a subscription, you authorize us to charge, through the Apple iTunes store, the amount disclosed to you each month until your requested cancellation, which may be done by visiting the “Subscriptions” section of your Apple account and canceling DialBack.

You may modify your payment information through the Apple iTunes store.

You hereby acknowledge and agree that you must keep your payment and billing information with Apple up-to-date and accurate for the ongoing provision of Services to you.

DialBack does not offer refunds for subscriptions purchased on or through the application.

DialBack may, from time-to-time, offer you promotional payment information or discounts, in our sole and exclusive discretion. If we do so, you acknowledge and agree that we are under no obligation to continue offering or providing such promotions or discounts and that we may cease such promotions or discounts at any time.

ARTICLE 8 - LICENSE TO USE MOBILE APPLICATION:

The Company may provide you with certain materials as a result of your use of DialBack or the Services. Such materials may include, but are not limited to, the entirety of the app, documentation, data, or information developed by the Company, and other materials which may assist in your use of DialBack or the Services ("Company Materials"). Subject to this Agreement, the Company grants you a personal, non-exclusive, limited, non-transferable and revocable, worldwide and royalty-free license, to use the Company Materials solely in connection with your use of DialBack and the Services. The Company Materials may not be used for any other purpose and this license terminates upon your cessation of use of DialBack or the Services or at the termination of this Agreement.

ARTICLE 9 - INTELLECTUAL PROPERTY:

You agree that DialBack and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents and other intellectual property, including, but not limited to, Brooklyn Phone Company, LLC., DialBack, and any other trademarks or service marks found on the DialBack mobile application ("Company IP"). The Company IP also includes a copyright in the entirety of the DialBack mobile application. You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

ARTICLE 10 - INTERACTIONS WITH OTHERS:

DialBack is designed for communication between individuals. However, Brooklyn Phone Company, LLC. hereby expressly disclaims any and all responsibility for the actions, interactions, conduct, communications or other relationships of any users on or off of DialBack.

Brooklyn Phone Company, LLC. encourages all users to look out for their own safety at all times. As such, please be reminded of basic safety tips, such as to never disclose financial or other official personal documentation through the internet with anyone.

You hereby acknowledge and agree that Brooklyn Phone Company, LLC is not responsible or liable in any way for your actions with others and that your actions and interactions are your sole and exclusive responsibility.

ARTICLE 11 - ACCEPTABLE USE POLICY:

You agree not to use DialBack or the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use DialBack or the Services in any way that could damage DialBack, the Services, or general business of the Company.

You further agree not to use DialBack or the Services:

• To harass, abuse, bully, or threaten others or otherwise violate any person's legal rights;
• To violate any intellectual property rights of the Company or any third party;
• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
• To perpetuate any fraud;
• To engage in, or create any unlawful gambling, sweepstakes, or pyramid scheme;
• To publish or distribute any obscene or defamatory material;
• To publish or distribute any material that incites violence, hate or discrimination towards any group;
• To disseminate any material which contains graphic violence;
• To disseminate any material which contains nudity;
• To spam or otherwise solicit any users;
• To disseminate any intellectual property, including photos, of any other person without their permission;
• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To imply any endorsement by the Company;
• To provide for or make the Services available to any third party;
• To upload or post anything, including any of the Services, on any file-sharing or similar application or website;
• To unlawfully gather information about others;
• To create fake accounts or additional accounts in the circumstance that your account has been terminated; or
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).

You acknowledge and agree that we may terminate your account at any time if you violate any of the terms of this Agreement, at our sole and exclusive discretion. DialBack may also take further action, such as notifying the appropriate authorities, removing any content that you may have posted, or other such action as we deem appropriate. DialBack may also stop any transaction which the Company believes may be harmful to the public, or the Company, or otherwise poses any unacceptable risk.

ARTICLE 12 - EXPORT CONTROLS:

You hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. You agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the Sanctions Control Program of the United States.

ARTICLE 13 - SERVICE CHANGES:

At our sole and exclusive discretion, we may offer additional Services, or we may update, modify or revise any current content and Services. If we do so, this Agreement shall apply to any and all additional Services and/or products, and any and all updated, modified or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as the end User, acknowledge, accept, and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications. Should you not agree to the updates, revisions, or modifications, you must stop using the DialBack mobile application and Services immediately.

ARTICLE 14 - REVERSE ENGINEERING & SECURITY:

You agree not to undertake any of the following actions:

• Scan or probe the underlying structure of DialBack;
• Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on DialBack or Services;
• Violate the security of DialBack or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user or network;
• Use bots, web crawlers, or any similar devices or online tools to access or index data from DialBack;
• Attempt to disrupt the experience of other users on DialBack in any way; or
• Disseminate any virus or other bad code which could harm DialBack or the Services or any device of any user.
  

ARTICLE 15 - DATA LOSS:

The Company does not accept responsibility for the security or consistency of your account or the Services, including the possibility of loss of missed calls, disconnected calls, or other interruptions.

While DialBack attempts to maintain the safety and security of the Services according to industry standards, no transmission of data via the internet is completely secure. Thus, you agree that your use of DialBack or Services is at your own risk.

ARTICLE 16 - INDEMNIFICATION:

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of DialBack or Services, your breach of this Agreement, or your conduct or actions, or the conduct or actions of any other DialBack user in relation to you. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

California residents who may access DialBack hereby waive California Civil Code Section 1542, the text of which is as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If any comparable statute, regulation, or doctrine exists in your jurisdiction, you hereby waive such statute, regulation, or doctrine, as well.

ARTICLE 17 - SPAM POLICY:

You are strictly prohibited from using DialBack or any of the Company's Services for illegal spam activities, including gathering email addresses, phone numbers or other personal information from others, sending mass commercial emails or making mass commercial phone calls or text messages.

ARTICLE 18 - THIRD-PARTY LINKS & CONTENT:

The Company may display, include, or make available, third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party mobile applications, websites or services. You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume, and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

ARTICLE 19 - MODIFICATION & VARIATION:

The Company may, from time to time and at any time without notice to you, modify this Agreement. If we do so, we will change the “Last Modified” date at the top of this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting online, on DialBack, and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to, or incorporated into, the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to do so only after DialBack has been fully closed and reopened to avoid accessing a prior version of this Agreement. You agree that your continued use of DialBack after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.

In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.

ARTICLE 20 - GEOGRAPHIC RESTRICTIONS:

Brooklyn Phone Company, LLC. is based in the state of New York, in the United States. We market specifically to users in the United States and European Union. We make no claims that DialBack or any of its content is accessible or appropriate outside of the United States or European Union. Access to the Mobile Application may not be legal by certain persons or in certain countries. If you access the Mobile Application from outside the United States or European Union, you do so on your own initiative and are responsible for compliance with local laws.

ARTICLE 21 - SERVICE INTERRUPTIONS:

The Company may need to interrupt your access to DialBack to perform maintenance or emergency services on a scheduled or unscheduled basis. Additionally, the quality of calls made through DialBack may be directly impacted by the speed and quality of your internet connection.

You agree that your access to DialBack may be affected by unanticipated or unscheduled downtime, for any reason, and that the quality of your calls may vary, but that the Company shall have no liability for any damage or loss caused as a result of such downtime or variation in quality.

ARTICLE 22 - TERM, TERMINATION & SUSPENSION:

The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, behaving inappropriately with any other User, and/or disseminating illegal material. If your account is terminated by the Company, you will not be entitled to any refund of any monies spent on DialBack and you may be required to pay fees for Services provided up until the date of termination.

If your account is terminated, the Company will retain your phone number, your call records, and any related data. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

ARTICLE 23 - NO WARRANTIES:

YOU AGREE THAT YOUR USE OF DIALBACK AND THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK AND THAT ANY SERVICES PROVIDED BY US ARE ON AN "AS IS" BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY. THE COMPANY MAKES NO WARRANTIES THAT DIALBACK OR THE SERVICES WILL MEET YOUR NEEDS OR THAT DIALBACK OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE COMPANY ALSO MAKES NO WARRANTIES AS TO THE RELIABILITY OR ACCURACY OF ANY INFORMATION ON DIALBACK OR OBTAINED THROUGH THE SERVICES. YOU AGREE THAT ANY DAMAGE THAT MAY OCCUR TO YOU, YOUR DEVICE, YOUR COMPUTER SYSTEM, OR GENERALLY AS A RESULT OF A LOSS OF YOUR DATA FROM YOUR USE OF DIALBACK OR SERVICES IS YOUR SOLE RESPONSIBILITY AND THAT THE COMPANY IS NOT LIABLE FOR ANY SUCH DAMAGE OR LOSS.

ARTICLE 24 - LIMITATION ON LIABILITY:

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, INCLUDING ANY EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, CONTRACTORS OR AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR USE OF DIALBACK OR THE SERVICES. THIS SECTION APPLIES TO ANY AND ALL CLAIMS BY YOU, INCLUDING, BUT NOT LIMITED TO; LOSS OF DATA, LOSS OF GOODWILL, LOST PROFITS OR REVENUES, CONSEQUENTIAL, INDIRECT, SPECIAL EXEMPLARY OR PUNITIVE DAMAGES, NEGLIGENCE, STRICT LIABILITY, FRAUD, OR TORTS OF ANY KIND. WHETHER SUCH CLAIMS ARE DIRECT OR INDIRECT AND WHETHER SUCH CLAIMS ARE ALLEGED TO BE FROM YOUR USE OF DIALBACK, YOUR INTERACTION WITH ANOTHER USER, OR YOUR INTERACTION WITH ANY THIRD-PARTY. THE MAXIMUM LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED TO THE AMOUNT YOU PAID TO THE COMPANY IN THE PRIOR 3 (THREE) MONTHS.

SOME OR ALL OF THE LIMITATIONS PROVIDED IN THIS SUBSECTION MAY NOT BE APPLICABLE TO YOU, DEPENDING UPON YOUR JURISDICTION.

ARTICLE 25 - CLAIM LIMITATION:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE, ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE MOBILE APPLICATION, MUST BE COMMENCED WITHIN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

ARTICLE 26 - TAXES:

You are solely and exclusively responsible for any taxes that may be applicable to your use of the Services or otherwise. You acknowledge and agree that it is your responsibility to determine your tax liabilities and DialBack is not responsible for any tax issue related to your use of the DialBack mobile application or Services.

ARTICLE 27 - CUSTOMER SERVICE:

Should you need to contact DialBack in any way for customer service, technical issues, or any other communication required, you may reach us at support@bk-phone.com .

ARTICLE 28 - APPLE APPLICATION TERMS:

You will be accessing DialBack through an application on your Apple device which was provided by the Apple iTunes store. Because of this, please be advised as follows:

• These Terms of use are explicitly between you and us. Apple is not a party to this Agreement, and will not be liable or responsible in any way for DialBack or any content herein;
• Apple does not and will not provide any customer support, help, or other assistance with regard to DialBack - only DialBack can help with any questions, concerns, claims, losses, liabilities, damages, costs, expenses or issues you may face with our application;
• Should DialBack not conform to any express or implied warranty, you may notify Apple, in which case Apple’s only responsibility will be to refund the purchase price, if applicable;
• To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to DialBack;
• You are hereby acknowledging and agreeing not to use DialBack except on your personal Apple device;
• Your license to use DialBack is a limited license, provided on a non-transferable, non-sublicensable, non-exclusive basis and may only be utilized for your personal, non-commercial use, subject to this Agreement;
• You acknowledge and agree that should a third party claim arise concerning the DialBack application, or the use of the application by you, with respect to an alleged infringement of a third party’s intellectual property rights, that DialBack, and not Apple, will undertake the investigation, defense, settlement, and discharge of any such infringement claim or claims;
• You represent and warrant that you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as being a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• You acknowledge that in the utilization of the DialBack application, you will act in accordance with any applicable third party terms or User agreements which may affect or be affected by the DialBack application; and
• You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and upon your acceptance of these terms, Apple has the right (and will be considered to have accepted the right) to enforce these terms against you as third party beneficiary hereof.

ARTICLE 29 - GENERAL PROVISIONS:

• LANGUAGE: All communications made, or notices given pursuant to this Agreement shall be in the English language.
• JURISDICTION, VENUE & CHOICE OF LAW: Through your use of DialBack or Services, you agree that the laws of the State of New York shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the Kings County, New York. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
• ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration, under the Consumer Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Kings County, New York. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law, as well as the law of the state of New York. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims - i.e. You hereby understand and agree that you are giving up your right to a jury trial or other litigation to assert any claims against the Company. Through this Agreement, you are also relinquishing any right to be engaged in a class action or other group proceeding against the Company.
• ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
• SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
• NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part. 
• HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
• NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
• FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
• ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. We may also reach out to you at any phone number you have provided. For any questions or concerns, please email us at the following address: support@bk-phone.com.
• ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to any and all use of DialBack. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of DialBack.