Gabriel® Robocall Blocker Terms of Service

Last Updated: March 31, 2020

Your use of Gabriel® the robocall blocker services and related software and applications (“Robocall blocker” or the “Service“) is subject to the following terms of service (“Terms”).  Our Terms form a legally binding agreement between you and Forward Edge-AI, Inc. (“Forward Edge-AI, “we” or “us“).  By using the Service, you accept these Terms, which may be modified by us from time to time.  By continuing to use the Service after we have notified you of changes to the Terms, you’re agreeing to accept those changes.  We may also limit, suspend, terminate or discontinue your use of or access to the Service or certain features or functions of the Service, at any time without notice. By using the Service, you agree that you are 18 or older or your parent or guardian has consented to these Terms.

Eligibility; Device Requirements; and Limitations. The Service is currently available for Forward Edge-AI customers only and requires a compatible phone.  Customers can enroll in the Service for a monthly charge.  The Service uses Artificial Intelligence, Machine Learning, and Blockchain Distributed Ledger technologies and other techniques to identify and block nuisance calls and scams.   The efficacy of certain features will vary depending on a number of factors related to the originating device, equipment, and technology used to create the scam or nuisance calls. The Service uses an adaptive classifier to continually evolve and adapt to new scams and nuisances.

Gabriel also includes localizations based on federal law and the laws of US states and territories which may or may not allow blocking of certain types of calls. For example, in some US states, it is not permissible to block political calls and thus those calls will ring on your phone unless you block them manually.

Fees and Data Charges. You may be eligible for a free trial of Gabriel’s for a specific time period to which you may be auto-enrolled when you activate a new device.  Should you choose to subscribe to Gabriel’s after the free trial ends, monthly charges apply.

Privacy. We are committed to strong and meaningful privacy protections. Our Privacy Policy details the information we collect, how we use and share it, and the choices you have about how your information is used and shared. We’ve summarized key elements of the policy here for your convenience.

  1. We collect the information you provide to us, about your use of our products and services and about your interactions with us. We also collect information about how our platform and your devices are working, including the location of your wireless devices which is needed to determine which laws apply to the blocking algorithms.
  2. We use the information to provide you with services and enhance your experiences with us. This includes delivering and maintaining your products, services, and your account and billing records; developing new products and services; personalizing your experiences; and delivering marketing offers to you.
  3. We share information within Forward Edge-AI, Inc. What you consider to be nuisance calls or scams is shared on a decentralized blockchain within the network to block calls to others. We do not collect, sell or share your whitelisted calls.
  4. We do not collect, sell or share information that individually identifies you outside of Forward Edge-AI, Inc., except if you opt-in below and authorize us to share your information with attorneys selected by Forward Edge-AI, Inc. for the purpose of investigating and prosecuting potential lawsuits. Any information shared with legal counsel will be done on a confidential basis.
  5. We do not share certain non-personally identifiable information with third parties.
  6. Forward Edge-AI does not have programs that allow other companies to use information about you. You have choices about how Forward Edge-AI, Inc. reaches you with marketing and whether certain types of information may be shared within Forward Edge-AI, Inc. for marketing purposes. You also have choices about other uses of your information, such for verification purposes, and for certain uses of device information.
  7. We have a variety of safeguards in place to help protect your information against unauthorized access, use or disclosure. We provide methods for you to access, review and update your account information.  You may have additional rights under the Cable Act and state laws, including California and Nevada privacy laws.

We periodically update our privacy policy. If we change the way we use or disclose information that identifies you in a way that is materially different from what was stated in our privacy policy at the time the information was collected, you will be given an opportunity to update your choices about the new use or disclosure.

Licenses and Restrictions. The Service is the property of Forward Edge-AI, Inc. or its licensors. The Service software and any Application installed on your device are licensed and not sold to you. However, you own your data.  Forward Edge-AI and its licensors grants to you a limited, non-exclusive, revocable, non-transferable, personal, non-commercial license to use the Service for its intended use, in the United States.

Restrictions on Use. You will not, or permit anyone else to, sell, resell, distribute, sublicense, loan, lease, otherwise transfer, alter, modify, merge, adapt, copy, delete, record, translate, publish, upload, transmit, export, create derivative works of, make any commercial use of, reverse engineer, decompile, attempt to derive the source code, or disassemble the Service of any software that forms part of the Service. You may not use the Service or any part of it for any improper use (including infringement of copyright or other intellectual property rights) and must follow all laws. You will not alter, disable, or circumvent any features embedded in the software. All rights not expressly granted to you herein are reserved. Forward Edge-AI may revoke this license at any time without notice.

 

Branding. All trademarks, service marks, trade names, logos, domain names, and any other features of Forward Edge-AI’s brand are the sole property of Forward Edge-AI and Forward Edge-AI does not grant any rights to such branding to you for any use at all. You may not remove or alter any copyright, trademark, or other intellectual property notices of the Service.

User Content. You are responsible for any content that you upload to the Service. Forward Edge-AI does not monitor or control the content you choose to send via the Service and, we disclaim all responsibility for such content. Photos that you did not take yourself may be subject to copyright protection which limits or prohibits their copying, transmission and/or use. You agree that you will not attach copyrighted content in a way that infringes any copyright, and that you are wholly responsible for any copyright infringement resulting from your conduct. If you are unsure about whether your conduct is lawful, you should not attach the content.

Digital Millennium Copyright Act Notice. If you believe that your content has been improperly used in the Service in a way that constitutes copyright infringement please contact Forward Edge-AI at the address below. Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on Forward Edge-AI’s system or network should be promptly sent in the form of written notice to Forward Edge-AI’s Designated Agent. The Designated Agent for DMCA Notice is:

Forward Edge-AI DCMA Attorney
10108 Carter Canyon Drive
San Antonio, Texas 78255.
Email DMCA@Forward Edge-AI.com

NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA. Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

  1. Signature of copyright owner or person authorized to act on behalf of the owner;
  2. Identification of copyrighted work claimed to be infringed;
  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

It is the policy of Forward Edge-AI that upon receipt of a valid DMCA notice Forward Edge-AI will remove or disable access to the allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f)).

Open Source and Third-Party Licenses. Your use of the Service is subject to any open source licenses that form part of the Service as set out in the Open Licenses file in the App. Certain software or technical information is licensed from third parties and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents. You are subject to the terms of any third party agreements.

Termination. Forward Edge-AI may limit, suspend, terminate or discontinue the Service, or certain features or functions of the Service, at any time without notice, including if you breach these Terms. You may also cancel your use of this service at any time by unsubscribing to the Service. Any trial of the Service shall terminate at the end of the trial period.

DISCLAIMER OF WARRANTIES. THE SERVICE AND ANY INCLUDED APPLICATION IS PROVIDED BY FORWARD EDGE-AI OR ITS LICENSORS ‘AS IS’, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS OF ANY KIND, INCLUDING FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU USE THE SERVICE AT YOUR OWN RISK. FORWARD EDGE-AI AND ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, USEFULNESS, EFFICACY, SECURITY, RELIABILITY, INTEROPERABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS AT ALL OR AS TO THE IDENTIFICATION, LABELING, OR BLOCKING OF CALLS. FORWARD EDGE-AI AND ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES DO NOT PROVIDE ANY WARRANTY (EXPRESS OR IMPLIED) OR GUARANTEE THAT ALL SPAM, ROBOCALLER AND FRAUDULENT CALLERS WILL BE IDENTIFIED, LABELED CORRECTLY OR BLOCKED. THE SERVICE COULD CAUSE DAMAGE TO YOU, YOUR DATA, DEVICE, SOFTWARE OR HARDWARE.

LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF FORWARD EDGE-AI OR ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS AND EMPLOYEES FOR MONETARY DAMAGES FOR ANY CLAIMS, THAT YOU MAY HAVE UNDER THESE TERMS ARE LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD, AND THE MAXIMUM IN DAMAGES RECOVERABLE SHALL BE TEN ($10) U.S. DOLLARS. UNDER NO CIRCUMSTANCES ARE FORWARD EDGE-AI, ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS OR EMPLOYEES LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INABILITY TO USE THE SERVICE IN ANY WAY WHETHER FORESEEABLE OR NOT OR WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FORWARD EDGE-AI SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR PENALTIES (DIRECT OR INDIRECT) AS A RESULT OF MIS-IDENTIFICATION, MIS-MANAGEMENT OR BLOCKING OF A CALLER OR FAILURE TO PROPERLY IDENTIFY, MANAGE OR BLOCK A CALLER.

Disputes Against Forward Edge-AI, Inc.:  CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY AREN’T ALLOWED. YOU AND FORWARD-EDGE AI HEREBY AGREE THAT ANY CLAIM, CONTROVERSY OR DISPUTE PURSUED AGAINST EACH OTHER, WHETHER RELATED TO THIS AGREEMENT OR OTHERWISE, WILL BE ON AN INDIVIDUAL BASIS AND SHALL BE FINALLY SETTLED BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND FEDERAL ARBITRATION ACT. THE AMERICAN ARBITRATION RULES ARE AVAILABLE ONLINE AT WWW.ADR.ORG/RULES. THE ARBITRAL TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY, ENFORCEABILTY OR APPLICABILITY OF ANY PORTION OF THIS AGREEMENT TO ARBITRATE. UNLESS OTHERWISE AGREED, THE PLACE OF ARBITRATION SHALL BE SAN ANTONIO, TEXAS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Indemnification. You will indemnify, defend and hold Forward Edge-AI, and its licensors and suppliers harmless from any claims arising out of or relating to your or any User’s actual or alleged misuse or fraudulent use of the Service or any other actual or alleged breach of these Terms. You are responsible for any costs incurred by Forward Edge-AI or any other party (including reasonable legal fees) in connection with such claims.

Export Control. Use of the Service may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. By using the Service and/or by downloading the applicable Application, you agree that you are not located in, under the control of, or a resident or national of any country, or person, on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department Table of Deny Orders. You also agree that you are not located in a country that is subject to the U.S. government embargo, or that is designated by the U.S. as a terrorist-supporting country and you are not listed on any U.S. government list of prohibited or restricted parties. You agree also not to attempt to export or import any encrypted information, materials, hardware or software.

Safety. Please do not endanger yourself and others by using the Service while driving or engaging in any other activity that requires your full attention. When participating in bounty competitions do not attempt to contact scammers or spammers directly or indirectly in any way.

Authorization to Share Personal Information & Contact from Counsel 

By subscribing to the Service, we gather information that may be used to file individual and class action lawsuits against telemarketers or other scammers on behalf of our users. Under federal and state laws, you may be entitled to receive damages when a person or company sends you certain automated nuisance or scam calls, texts or faxes.

Sometimes, people are hesitant to participate in class action lawsuits because they believe it will cost them money. Fortunately, by working with attorneys selected by Forward Edge-AI, you may be entitled to receive damages as the result of a settlement without paying any legal fees. Damages can range from $100 to $1,500 depending on your state and the type of violation committed.

To opt-in, please review and accept the following agreement:

You hereby acknowledge and agree that your personal information, including but not limited to your name, address, phone number, call logs and voice messages may be shared with attorneys selected by Forward Edge-AI for the purpose of investigating and prosecuting lawsuits involving potential violations of state and federal telemarketing laws. You further agree and authorize that Forward Edge-AI or attorneys selected by Forward Edge-AI may contact you regarding your legal rights in connection with any calls, texts or faxes you received that are determined to be a potential violation of state or federal law.

 

Governing Law (Choice of Law) Provision

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without giving effect to the principles of conflict of law thereof.

Preview Users Terms of Service

Preview Participants. In addition to the above terms and conditions, Preview Participants participating in our Minimum Viable Product (MVP) and other Proof of Concept tests, accept the following Non-Disclosure Agreement:

  1. This Nondisclosure Agreement (the “Agreement”) is entered into with Forward Edge-AI, Inc. (“Disclosing Party”) for the purpose of preventing the unauthorized disclosure of Confidential Information or developing a service. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information (“Confidential Information”).
  2. For purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. Exclusions from Confidential Information. Receiving Party’s obligations under this Agreement do not extend to information that is:
  3. Publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party;
  4. Discovered or created by the Receiving Party before disclosure by Disclosing Party;
  5. Learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party’s representatives; or Is disclosed by Receiving Party with Disclosing Party’s prior written approval
  6. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall not, without the prior written approval of Disclosing Party, use for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information.
  7. Receiving Party also agrees not to copy, reverse engineer, or otherwise develop a competing product. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first. Relationships.
  8. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to best to effect the intent of the parties. Integration.
  9. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.

This Agreement and each party’s obligations shall be binding on the representatives, assigns, and successors of such party. Each party has signed this Agreement through its authorized representative.

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