User Agreement

Installation License Agreement

All our softwares(Call Recorder, CallerID & Callfree) is mobile software provided by Rainy Autumn Limited. Users should carefully read this Installation License Agreement (this "Agreement") prior to the installation of our softwares. This Agreement sets out the terms and conditions of use for our software , and is made between you, the User, and Rainy Autumn Limited. This Agreement governs your use of our APPs provided to you by Rainy Autumn Limited, including any releases of or to the Call Recorder that you may receive from Call Recorder by Rainy Autumn Limited, together with the documentation included therewith. By accepting this agreement (which acceptance can be manifested by, for example, clicking the “I accept” button when prompted, or by accessing or using Call Recorder), you: (i) signify that you have read, understood, and agree to be bound by all the terms and conditions set forth in this Agreement and to the collection and use of your information as set forth in the Call Recorder by Rainy Autumn Limited Privacy Policy and the Call Recorder User Experience Program Policy; and (ii) warrant that you are at least eighteen years old and have the legal capacity to enter into contracts. Alternatively, you agree to be bound by such terms and conditions by, without limitation, downloading, installing, copying or using the Call Recorder. Rainy Autumn Limited is willing to make the Call Recorder available to you only upon the express condition that you accept the terms of this Agreement. If you fail to accept the terms of this Agreement in full, then you shall not be entitled to use the Call Recorder software for any purposes and shall not be able to claim the benefit of any terms of this Agreement. Any use of our APPs in violation (contravention) of any terms of this Agreement shall not be permitted.

1. DEFINITIONS

For purposes of this Agreement, the following terms will have the following meanings:

1.1 “Call Recorder” means the proprietary by Rainy Autumn Limited software products (in object code format only) delivered to you hereunder (including Call Recorder, CallerID & Callfree, but not limited to the Call Recorder), together with any updates or upgrades thereto, when and if made available to you by Rainy Autumn Limited. The Call Recorder does not include Third-Party Software.

1.2 “Services” means the various services to which Rainy Autumn Limited provides you with access, including without limitation the Rainy Autumn Limited websites, search services, personalized content and branded offerings through its network of services that may be accessed through any various medium or device now known or hereafter developed.

1.3 “Third-Party Software” means the software of certain third parties that Rainy Autumn Limited may deliver with the Call Recorder, including but not limited to widgets of certain third parties and independent developers.

1.4 “Use” means to cause a mobile device to execute any machine-executable portion of the Call Recorder in accordance with the terms and conditions of this Agreement.

1.5 “User” means the legal entity or person who orders or downloads the Call Recorder and/or activates the Services.

2. WHAT INFORNMATION DO WE COLLECT FOR OUR APPS

2.1 Information you choose to provide

All the content of the following permission can only be obtained by us after your consent, and we use it under the permission of Google. All the information what we collect is in order to provide a better product and service.

1.Personal Information: When you sign up for a user account for any of the Services, We collect personal information, such as your language your accouts, your contacts and phone number.

2.Payment information: When you sign up for paid service, we also collect your payment information for billing purposes.

3. User communications: When you use our Services to make and receive telephone calls, we are required to collect telephony log information (telephone toll records) like your calling-party number, receiving-party number, forwarding numbers, time and date of calls and messages, duration of calls, routing information, and types of calls.

4.Call phone, when you agree to it you can make a phone call directly in our app.

5.Get contacts, we can read your gmail list for login services.

6.Read contacts, your recorded calls name will be displayed like how do you store the number, it will be more convenient for you to use the app.

7.Write external storage, we write memory to store recordings of your call in local.

8.Content: including your record audio, your phone state, system alert window,write contacts. For example, if you choose to paste content from the clipboard into the App, we access this information stored in your clipboard in order to fulfill your request. When you agree to call phone you can make a phone call in our app. You can see the call history directly in our app，when you argee to read contacts.

9.Third Party Applications or Services: We may collect information about you or others from third party applications or services available on our Service. For example, when you register for an account with us, you may do so by choosing to connect your already existing social media account with our Service (e.g.Google+, etc.). We receive certain information from your social media account depending on your permissions and which information you have made public. We use this information to make an account for you on our Service.

2.2 Information we obtain from other sources

We may receive the information described in this Privacy Policy from other sources, such as:

1.Login Services. If you choose to link or sign up using a third-party social network or login service (such as Google), we may collect information from these services, including your contact lists for these services and information relating to your use of the Platform in relation to these services.

2.Third-Party Services. We may collect information about you from third-party services, such as advertising partners, data providers, and analytics providers.

2.3 Information we collect automatically

We automatically collect certain information from you when you use our app.

1.Device Information: When you access our website or use our software, the information we collect include Device ID, Advertiser ID, browser type and settings, device type and settings, and operating system (Android 10 or 11).

2.Usage Information. We collect information about your activity on our Services, like service-related, diagnostic, and performance information. This includes information about your activity, crash, performance logs and reports.

3.Cotents. We also collect information such as network state, wifi state, expand status bar, foreground service, internet, modify audio settings, vibrate, wake lock, boot completed and set alarm. All the information what we collect is in order to provide a better product and service.

3. PERSONAL NON-COMMERCIAL USE ONLY

3.1 The Call Recorder is licensed, not sold, to you by Rainy Autumn Limited. Subject to the terms and conditions of this Agreement, Rainy Autumn Limited hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to use one copy of the Call Recorder for personal non-commercial purposes only and provides this non-commercial-use Call Recorder. Rainy Autumn Limited also provides installation, un-installation, and related data services for Users, meaning that subject to the terms and conditions of this Agreement you can independently choose to install, un-install, and use Call Recorder as well as any and all related data services provided by Rainy Autumn Limited. Rainy Autumn Limited may occasionally provide updates and upgrades to Users for the Call Recorder as such updates or upgrades become available. You may copy and distribute Call Recorder solely in a non-commercial manner. You agree to use your best efforts to prevent and protect the contents of the Call Recorder and Services from unauthorized disclosure or use. Rainy Autumn Limited and its licensors reserve all rights, including but not limited to ownership and intellectual property rights, not expressly granted to you. Rainy Autumn Limited’s licensors are the intended third party beneficiaries of this Agreement and have the express right to rely upon and directly enforce the terms set forth herein. There are no implied licenses granted by Rainy Autumn Limited under this Agreement. Except as specified above, you shall have no rights to the Software.

3.2 Any commercial use, sale, copying, distribution or any other conduct related to commercial activities, including but not limited to the pre-installation or binding of the Call Recorder software, is prohibited unless such individual has obtained prior written approval from Rainy Autumn Limited.

3.3 The Call Recorder product is a part of the services provided by Rainy Autumn Limited. Prior to using the Call Recorder software, you must carefully read and abide by the terms and conditions of this Agreement and all related Rainy Autumn Limited policies, including but not limited to the Rainy Autumn Limited Privacy Policy.

3.4 Limitations on Use. You shall ensure that you do not and will not (and may not cause or permit any third party to) commit any act or fail to commit any act that results in damaging or interfering with any of Rainy Autumn Limited's services in any way, and shall not conduct, authorize aid or abet any third-party to conduct any of the following activities: (i) use the Call Recorder or Services except as expressly permitted under the terms and conditions of this agreement; (ii) separate the component programs of the Call Recorder for use on different devices; (iii) adapt, alter, publicly display, publicly perform, translate, embed into any other product, or otherwise create derivative works of, or otherwise modify the Call Recorder or Services; (iv) sublicense, lease, rent, loan, or distribute the Call Recorder or Services to any third party; (v) transfer the Call Recorder or Services to any third party; (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Call Recorder, (a) except as permitted by applicable law, or (b) solely to the extent required to debug changes to any third party LGPL-libraries linked to by the Call Recorder; (vi) remove, alter or obscure any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Services, or the applicable documentation therefore; (vii) allow third parties to access or use the Call Recorder or Services, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements; (viii) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Call Recorder or Services; or (ix) modify, adapt or translate the Call Recorder or create any derivative work of the Call Recorder. You may not release the results of any performance or functional evaluation of any of the Call Recorder or Services to any third party without prior written approval of Rainy Autumn Limited for each such release. Whenever or wherever you commit any of these violations, you shall be held legally liable for any and all damages, fines, costs and expenses to Rainy Autumn Limited for such action(s) under the furthest extent of the law, and Rainy Autumn Limited shall have the right to seek legal, equitable and administrative redress against you by exercise of its legal rights and to implement legal remedies against you to the fullest extent of the law.

3.5 You acknowledge that Third-Party Software is subject to separate terms and conditions included with, or contained in the setup installation segments of such Third-Party Software. The license restrictions contained in this Agreement do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software terms. Rainy Autumn Limited shall not be responsible for any Third Party Software.

3.6 Rainy Autumn Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree and acknowledge that Rainy Autumn Limited shall not be liable to you, or to any third-party, for any modification, suspension or discontinuance of the Services.

4. INTELLECTUAL PROPERTY PROTECTION

4.1 The Call Recorder is protected by international Copyright Conventions and all other applicable intellectual property laws and regulations. All Intellectual Property Rights (defined below) associated with the Call Recorder are owned by and are the exclusive property of Rainy Autumn Limited, at all times and regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. You acknowledge that the Services and the Call Recorder, including without limitation the Call Recorder’s sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of Rainy Autumn Limited and its suppliers and is considered Rainy Autumn Limited’s confidential information, and acknowledge that the Call Recorder and the Services and all intellectual property rights therein are the exclusive property of Rainy Autumn Limited, including but not limited to all related Intellectual Property Rights. "Intellectual Property Rights" includes any and all rights protected by all applicable patent laws, copyright laws, trademark laws, anti-unfair competition laws and other laws and any and all other property rights, as well as any and all applications, updates, extensions and recovery of them. All content accessed through the Call Recorder or Services is the property of the applicable content owner and may be protected by applicable copyright law. No title or ownership to the Call Recorder or the Services or the Intellectual Property Rights embodied therein passes to you as a result of this Agreement or any act pursuant to this Agreement. All trademarks used in connection with the Call Recorder, Services, or any associated documentation are owned by Rainy Autumn Limited, its affiliates and/or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. All suggestions or feedback provided by you to Rainy Autumn Limited with respect to the Services shall be Rainy Autumn Limited’s property and deemed Confidential Information (defined below) of Rainy Autumn Limited.

4.2 You shall not maliciously or intentionally modify, copy, or transmit materials related to the Call Recorder. If damages are caused to others or to Rainy Autumn Limited's image by your copying, modifying or transmitting of the Call Recorder or any related Rainy Autumn Limited service, then you shall be liable for all corresponding damages, costs, fines and expenses Rainy Autumn Limited incurs. You shall not delete, hide or change Rainy Autumn Limited's copyright statement, registered trademarks, or any other statements. Rainy Autumn Limited owns all copies of the Call Recorder, however made. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Rainy Autumn Limited, except to the extent necessary for you to use the Call Recorder or Services as expressly permitted under this Agreement.

5. Subscription and Refund

5.1 For Call Recorder Users:

Title: One Year Subscription

Length of Subscription：One Year

Price: $69.99 / Year

Free Trial: Three Days

Title: One Week Subscription

Length of Subscription：One Week

Price: $7.99 / Week

Free Trial: Three Days

5.2 For Caller ID Users:

Title: One Year Subscription

Length of Subscription：One Year

Price: $5.99 / Year

Title: One Month Subscription

Length of Subscription：One Month

Price: $0.99 / Month

5.3 Refund

We may offer free or paid trial subscriptions. Unless you cancel before the trial ends, you will be automatically charged the price shown on the payment screen for the selected subscription period.

You can get refund as follow Google Play policy (https://support.google.com/googleplay/answer/2479637#policy).

6. TERM AND TERMINATION

6.1 The term of this Agreement will commence upon your download of the Call Recorder and/or your commencement of the Services and, unless earlier terminated as provided in this Section 4, will continue in perpetuity. This Agreement will immediately terminate upon your breach of this Agreement, unless such breach is curable and is actually and immediately cured by you after Rainy Autumn Limited provides notice of breach to you. Upon the termination of this Agreement, you shall discontinue all use of our APPs and/or Services, promptly destroy or have destroyed the Call Recorder and any copies thereof, and, upon request by Rainy Autumn Limited, certify in writing to Rainy Autumn Limited that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available to Rainy Autumn Limited. Sections 1, 3, 4, 6, 7, 8, and 9 shall survive such termination.

7. DISCLAIMER OF WARRANTIES AND SPECIAL ANNOUNCEMENT

7.1 To the best of Rainy Autumn Limited’s knowledge, Rainy Autumn Limited represents that Call Recorder does not contain any viruses or other malicious codes. Despite thorough testing of the Call Recorder, complete compatibility with all software, hardware and operating systems cannot be entirely guaranteed. In the event of non-compatibility, you may report such issue to Rainy Autumn Limited by email requesting technical support. If the incompatibility issue cannot be resolved, you may uninstall the Call Recorder directly from the "Apps" within Settings. The Call Recorder is believed to be compatible only with mobile devices with Android system version 5.0 and up.

7.2 Because the Call Recorder may be downloaded and transmitted through the Internet, Rainy Autumn Limited is unable to guarantee whether or not the Call Recorder version downloaded from third party websites or other media not issued directly by Rainy Autumn Limited may or may not be infected with computer viruses or malicious code installed by Trojan programs or other hacker software. Rainy Autumn Limited assumes no responsibility for any direct or indirect damages subsequent to the downloading of Call Recorder in such manner or from such a source.

7.3 NO WARRANTY. You understand and agree that you have the right, but not the obligation, to download and use the Call Recorder. YOU AGREE THAT THE Call Recorder AND SERVICES ARE PROVIDED “AS IS” AND THAT RAINY AUTUMN LIMITED AND ITS LICENSORS MAKE NO OTHER WARRANTY AS TO THE Call Recorder OR SERVICES, INCLUDING WITHOUT LIMITATION UNINTERRUPTED USE, ACCURACY, AND DATA LOSS. RAINY AUTUMN LIMITED AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE (EVEN IF RAINY AUTUMN LIMITED KNOWS OR SHOULD HAVE KNOWN OF SUCH PURPOSE OR USE), ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY OR QUIET ENJOYMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE, LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE; AND RELATED TO THE Call Recorder OR SERVICES, THEIR USE OR ANY INABILITY TO USE THEM, THE RESULTS OF THEIR USE AND THIS AGREEMENT. ALL SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, AND SUCH DISCLAIMER IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW. RAINY AUTUMN LIMITED DOES NOT GUARANTEE THAT: (i) THE Call Recorder WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (ii) THAT ACCESS TO THE Call Recorder WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT THEE Call Recorder OR SERVICES DO NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THIS BARGAIN BETWEEN YOU AND RAINY AUTUMN LIMITED. RAINY AUTUMN LIMITED WOULD NOT PROVIDE THE Call Recorder OR SERVICES ABSENT SUCH DISCLAIMER. RAINY AUTUMN LIMITED AND ITS LICENSORS ALSO DO NOT WARRANT THAT THE Call Recorder OR SERVICES OR ANY RESULTS OF USE THEREOF WILL BE FREE OF DEFECTS, ERRORS OR VIRUSES, RELIABLE OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS OR IN A PARTICULAR ENVIRONMENT OR THAT ERRORS THEREIN, IF ANY, WILL BE CORRECTED.

7.4 Within the limit of common practices and guidelines shared across the information technology industry, your information and behavior may be recorded and used by Rainy Autumn Limited. By downloading, installing and/or using the Call Recorder, you agree and understand that Rainy Autumn Limited may collect and use certain of your non-personal information in order to provide you with more accurate and well-targeted services. Unless required by laws or the requirements of a government department, Rainy Autumn Limited will not provide any information concerning you to any third party.

7.5 Any communications sent to Rainy Autumn Limited are the property of Rainy Autumn Limited or its affiliates. Unless stated otherwise herein, submissions are not considered confidential, and Rainy Autumn Limited is not liable for any use or disclosure of a submission. Except as noted herein, Rainy Autumn Limited is entitled to unrestricted use of any submissions for any purpose whatsoever without compensation to the provider of the submission.

7.6 LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, RAINY AUTUMN LIMITED AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE), WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF RAINY AUTUMN LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU SHALL HAVE THE SOLE RESPONSIBILITY FOR PROTECTING YOUR DATA, BY PERIODIC BACKUP OR OTHERWISE, USED IN CONNECTION WITH THE Call Recorder OR SERVICES. IN ANY CASE, RAINY AUTUMN LIMITED’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE THE REPLACEMENT OF THE Call Recorder OR SERVICES FOUND TO BE DEFECTIVE THE AMOUNT PAID TO RAINY AUTUMN LIMITED IN RESPECT OF THE Call Recorder GIVING RISE TO THE CLAIM, OR IF NO FEES WERE PAID THEN ONE HUNDRED US DOLLARS, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF RAINY AUTUMN LIMITED ONLY TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. IN NO EVENT WILL ANY SUPPLIER TO RAINY AUTUMN LIMITED HAVE ANY LIABILITY TO YOU UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RAINY AUTUMN LIMITED. RAINY AUTUMN LIMITED WOULD NOT PROVIDE THE Call Recorder TO YOU ABSENT SUCH LIMITATION.

7.7 INJUNCTIVE RELIEF. You acknowledge and agree that your breach or threatened breach of this Agreement shall cause Rainy Autumn Limited irreparable damage for which recovery of money damages would be inadequate and that Rainy Autumn Limited therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

8. CONFIDENTIALITY

"Confidential Information" shall mean the Call Recorder and Services and all other information disclosed to you that Rainy Autumn Limited characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this Agreement, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Rainy Autumn Limited. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Rainy Autumn Limited in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement, and will cooperate with Rainy Autumn Limited in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Rainy Autumn Limited prior to such disclosure to allow Rainy Autumn Limited an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Rainy Autumn Limited in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.

9. NOTICE

9.1 If you have any suggestions for adjustments that you believe Rainy Autumn Limited should make to the Call Recorder, or to request technical support related to the Call Recorder, you may contact Rainy Autumn Limited via email address at bestrecordercall@gmail.com. Such technical support obligations shall not go beyond the reasonable ability of Rainy Autumn Limited’s technical support personnel.

9.2 Rainy Autumn Limited reserves the right to modify this Agreement at any time without notifying you. If you have any objection to the modified agreement, you may choose to uninstall Call Recorder and Rainy Autumn Limited will not be responsible for any loss caused to you. Your continued use of our APPs after any modification to this Agreement will be deemed as your agreement to abide by the terms and conditions of the newly modified agreement.

9.3 You acknowledge that the Call Recorder is subject to the operation and telecommunications infrastructures of the Internet and the operation of your Internet connection services, all of which are beyond Rainy Autumn Limited’s control.

9.4 You acknowledge and agree that the Call Recorder and Services contain valuable trade secrets, confidential information and proprietary information of Rainy Autumn Limited. You further acknowledge that any actual or threatened breach or violation of this Agreement will constitute immediate, irreparable harm to Rainy Autumn Limited for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.

9.5 Arbitration.READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Rainy Autumn Limited. For any dispute with Rainy Autumn Limited, you agree to first contact Rainy Autumn Limited according to the notice procedures above and attempt to resolve the dispute with Rainy Autumn Limited informally. In the unlikely event that Rainy Autumn Limited has not been able to resolve a dispute it has with you after sixty (60) days, the Parties each hereby agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Rainy Autumn Limited from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Rainy Autumn Limited’s data security, intellectual property rights or other proprietary rights.

9.6 This version of the Call Recorder is owned by Rainy Autumn Limited and all rights of final interpretation and modification of this Agreement are reserved by Rainy Autumn Limited.

10. MISCELLANEOUS

(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Rainy Autumn Limited. (b) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or Rainy Autumn Limited may at its option terminate this Agreement. (c) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (e) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Rainy Autumn Limited may assign this Agreement to any entity at its sole discretion. (f) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.

11. CHANGE NOTICES

(a) Rainy Autumn Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree and acknowledge that Rainy Autumn Limited shall not be liable to you, or to any third-party, for any modification, suspension or discontinuance of the Services. If you have questions or issues about our Privacy Policy, you can contact us at bestrecordercall@gmail.com.

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