These terms are a binding agreement between you and Deniz Kalender, trading as Callagram, 1032 BG Amsterdam, Netherlands (“we”, “us”, “Callagram”), governing your use of the Callagram mobile application and the services behind it (together, “the Service”). You can reach us at any time at callagram.support@gmail.com.
By creating an account or using the Service you accept these terms. If you do not accept them, do not use the Service. Please also read our Privacy Policy, which forms part of this agreement and explains what we do with your data.
Nothing in these terms takes away rights you have as a consumer. If you are using Callagram for purposes outside your trade, business, craft or profession, you have mandatory rights under the law of your country of residence that no contract can remove. Where anything below conflicts with those rights, your rights win and the conflicting wording does not apply to you.
You must be at least 16 years old, or the lower minimum age permitted in your country under Article 8(1) GDPR where that applies to you. You must have the legal capacity to enter into this agreement, and you must not be barred from using the Service under any applicable law or sanctions regime.
One person, one account. You may not create an account on behalf of somebody else without their authority, nor share your account with others, nor transfer it.
Callagram lets you tell people you already know that now is a good time to call, organise those people into tiers and groups, schedule reminders, and open a third-party calling or messaging application with a conversation ready to begin.
You should not use Callagram on the assumption that it does any of the following, because it does none of them:
You are responsible for keeping your sign-in credentials confidential and for activity that occurs under your account. Choose a password you do not use elsewhere, and keep your device secured. Tell us promptly at callagram.support@gmail.com if you believe your account has been accessed without your authority, so that we can help you secure it.
You must give accurate account information and keep it current. You may not impersonate another person, adopt a handle in order to pass yourself off as somebody else, or misrepresent your affiliation with any person or organisation.
Callagram is built for contact between people who want to be in contact. You agree not to use it to:
Blocking and muting exist for a reason. Deliberately evading somebody's block — for instance by creating a second account to reach a person who has blocked you — is a serious breach of these terms and will normally result in permanent termination.
Callagram lets you store information about people you know: a name, a birthday, a group, a note in a reminder. This matters legally, so we are explicit about it.
You agree that you will only record information about another person where you have a legitimate reason to hold it, that you will keep it reasonably accurate, and that you will delete it when it is no longer relevant. You must not record information about somebody who has asked you not to.
If you use Callagram for personal or household purposes among people you know, your own activity will normally fall outside the GDPR under its household exemption. If you use it for professional, commercial or organisational outreach, that exemption does not apply to you, and you will be a data controller in your own right with your own obligations — including telling those people you hold their data and having a lawful basis for it. Callagram is not designed for that use, and we do not act as your processor for it.
Your profile photo, “about” line, group names, contact names, availability notes and reminder text remain yours. We claim no ownership of them.
You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, reproduce and transmit that content strictly to the extent necessary to operate the Service for you and to deliver it to the people you have chosen to show it to. The licence exists so we may lawfully run the app; it permits nothing else. It ends when you delete the content or your account, save for encrypted backups until they expire.
You are responsible for your content and you confirm that you have the rights necessary to provide it to us for that purpose.
The Service is under active development. Features may be added, changed or withdrawn, and the Service may be unavailable for maintenance, upgrades or reasons outside our control.
Where we make a change that materially and adversely affects you, we will give reasonable advance notice in the app or by email, and you may terminate by deleting your account. We will not make a materially adverse change retroactive.
Where the Service is offered free of charge, we may modify or discontinue it, but we will give at least 30 days' notice before permanently discontinuing it so that you can retrieve your data and make other arrangements.
By you. You may stop using the Service and delete your account at any time from Settings. Deletion is permanent and removes your data as described in the Privacy Policy.
By us. We may suspend or terminate your access where you have materially breached these terms, where your use presents a genuine risk to another user or to the Service, or where we are legally required to.
Except where it would defeat the purpose of the suspension, be unlawful, or where the breach involves harassment or a risk to another person's safety, we will tell you the reason and give you an opportunity to put it right. Where we terminate an account, we will give you a reasonable opportunity to export your data unless prohibited from doing so. You may appeal any decision by writing to us, and a human being will review it.
The applications Callagram opens are operated by others, under their own terms and privacy policies. We are not responsible for them, do not endorse them, and cannot resolve problems that arise inside them.
Your use of the app is also subject to the terms of the store you obtained it from. Where you obtained it from the Apple App Store, you acknowledge that this agreement is between you and us and not with Apple; that Apple has no obligation to provide maintenance or support; that Apple is not responsible for any claim relating to the app; and that Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
The Service, including its software, design, and the Callagram name and logo, belongs to us and our licensors and is protected by intellectual property law. Subject to these terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable licence to use the application on devices you own or control, for your own non-commercial use. All rights not expressly granted are reserved.
If you send us feedback or suggestions, we may use them without obligation or payment to you. You are under no duty to send us any.
This section is written to be enforceable in the European Union. Broad exclusions of liability of the kind common in United States terms are void against consumers here, and we would rather tell you what actually applies.
We will supply the Service with reasonable care and skill. Where you are a consumer in the EU, Directive (EU) 2019/770 on digital content and digital services gives you statutory remedies if the Service is not as described or not fit for purpose, and nothing here limits them.
Beyond that, and to the extent the law permits, the Service is provided without further warranty. In particular we do not warrant that it will be uninterrupted or error-free, that notifications will always arrive, or that it will meet requirements you have not told us about.
Nothing in these terms excludes or limits our liability for:
Subject to 11.2, and to the extent permitted by law:
If you are using the Service in the course of a business, you will compensate us for losses we suffer as a result of your breach of these terms or your unlawful use of the Service, provided we tell you promptly, let you take part in the defence, and do not settle without your agreement.
This clause does not apply to you if you are a consumer. A blanket indemnity given by a consumer to a trader is an unfair term under Directive 93/13/EEC and we do not ask for one.
This agreement is governed by the law of the Netherlands, excluding its conflict-of-laws rules.
If you are a consumer resident in the EU or EEA, that choice of law does not deprive you of the protection of the mandatory provisions of the law of your own country of residence (Article 6(2) of Regulation (EC) No 593/2008, “Rome I”). You may bring proceedings against us in the courts of your country of residence, and we may bring proceedings against you only there (Articles 17 to 19 of Regulation (EU) No 1215/2012, “Brussels I bis”).
If you are not a consumer, the courts of Amsterdam, the Netherlands have exclusive jurisdiction.
We would much rather resolve a complaint directly. Write to callagram.support@gmail.com and we will respond. We are not obliged to participate in, and do not participate in, dispute resolution proceedings before a consumer arbitration board.
We may amend these terms where there is a valid reason to — a change in the Service, in the law, or in how we operate. We will give you at least 30 days' notice of a material change, in the app or by email, before it takes effect.
If you do not accept a change, you may reject it by deleting your account before it takes effect, at no cost. Continuing to use the Service after the notice period means you accept the amended terms. Changes required by law may take effect sooner where the law demands it.
Entire agreement. These terms and the Privacy Policy are the whole agreement between us about the Service.
Severability. If a provision is found unenforceable, the rest continues in force, and the unenforceable provision applies to the fullest extent the law allows.
No waiver. If we do not enforce a right immediately, we do not lose it.
Assignment. You may not transfer your rights under this agreement. We may transfer ours to an acquirer of the business, provided your rights are not reduced; you will be told in advance.
Survival. Sections 5, 6, 10, 11, 12 and 14 survive termination.
Language. These terms are concluded in English. Any translation is provided for convenience, and the English version governs to the extent permitted by law.