Welcome to Rebtel's Activist App!
Your provision of Services through the Activist App as an Activist/Head Activist will be governed by the Terms of Engagement of Conxilium Inc. a company incorporated under the laws of Florida with registered address at 1275 W 47th PL, Suite 436 Hialeah FL 33012 (the "Partner"). Any use of the term "Services" in this Agreement shall be a reference to the term as it is defined in the Terms of Engagement of Partner (as amended from time to time). Please note that Rebtel only provide the Activist App as a tool for your provision of Services under the Terms of Engagement of Partner.
PLEASE READ AND REVIEW THIS AGREEMENT CAREFULLY BEFORE YOU START USING THE ACTIVIST APP. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WE WILL NOT LICENCE THE ACTIVIST APP TO YOU AND YOU SHOULD NOT CLICK "I AGREE" OR "I ACCEPT" OR SIMILAR IN THE ACTIVIST APP.
You agree to be bound by this Agreement if you download the Activist App to your mobile device and click "I accept" or "I agree" or similar or otherwise agree to be bound by the Agreement. If you do not agree to the Agreement, we will not licence the Activist App to you and you may not use it. Once accepted the Agreement constitute a binding agreement between you and Rebtel. In addition, by downloading the Activist App from Appstore or Google Play you agree to the applicable terms of the license of Apple or Google, which will bind you.
You acknowledge that Rebtel may make changes to this Agreement from time to time. Rebtel will publish the changes in the Activist App (under the link for Terms of Service). The changes will be effective when published. Please review the Terms of Service on a regular basis. You understand and agree that your express acceptance of the amended Agreement, or your continued use of the Activist App after the date of publication, shall constitute your agreement to the updated Agreement. You agree to stop using the Activist App immediately if you do not accept any amendment to the Agreement.
You hereby affirm that you are older than 18 years of age (or older, as required by the laws and regulations in the applicable jurisdiction) and otherwise fully able and competent to enter into this Agreement, and to abide by and comply with its terms and conditions.
You agree to provide true, accurate, current and complete information to Rebtel when registering your Activist Account. It is your responsibility to keep the information in the Activist Account up to date.
Without limiting anything else set forth in this Agreement, you are responsible for all activities that occur on or under your Activist Account, regardless of whether the activities are undertaken by you or a third party and whether authorized or not. Except to the extent caused by Rebtel’s breach of this Agreement, Rebtel is not responsible for any unauthorized access to your Activist Account. You are required to contact us immediately if you have reason to believe that an unauthorized third party may be using your Activist Account or if your password, credentials or any other account information is lost or stolen.
You agree to use the Activist App only in such way that is permitted by this Agreement.
As set forth in detail under Section 9, you are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Activist App as a tool for your provision of Services as an Activist/Head Activist in accordance with the Terms of Engagement of the Partner.
By logging in on the Activist Account in the Activist App you will find information and tools relevant for your provision of the Services including, without limitation, marketing and promotional material and statistics of earnings.
You acknowledge that the Activist App and its features, functions, content or other parts may change over time and Rebtel may, without prior notice, change the form and nature of the Activist App. This may inter alia lead to that future versions of the Activist App may be incompatible with applications developed on or with previous versions.
You agree to use the Activist App only in such way that is permitted by this Agreement and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. If any laws applicable to you restrict or prohibit you from using the Activist App you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Activist App. The list below provides examples of prohibited conduct and shall not be considered exhaustive - You may not and you agree not to:
You further acknowledge that Rebtel may, without prior notice, and without incurring any liability, immediately suspend you from using the Activist App and/or terminate the Agreement if Rebtel determines you are using the Activist App in breach of this Agreement (including as stated under Section 12).
When providing your Services, you may use the Activist App as a tool for registering certain requests from New Customers (as defined in the Terms of Engagement of Partner). Such requests may include (without limitation);
Any such request for registration on a New Customer's behalf will require stating the phone number pertaining to the New Customer. Rebtel will process the request, and the New Customer will be given an automated call to his/her registered phone number where the New Customer is requested to confirm the request registered by you in the Activist App.
If the registration of the request initiated by you was successful it will be indicated to you in the Activist App and a written email receipt will be available for you to offer to the New Customer on whose request the registration was made.
If Rebtel is not able to successfully register the request, or otherwise is not willing to accept it, this will be indicated to you in Activist App.
In relation to any successful registration you may not change or cancel the registered information. You shall instruct the New Customer to send any such request per e-mail to Rebtel's customer services at: firstname.lastname@example.org
For the avoidance of doubt, you may not copy or store any personal information or payment details (as further described under Section 12 below). You shall indemnify Rebtel against any claims made against Rebtel (or any other entity within the Rebtel group) that you obtained or used information obtained (whether pursuant to this Agreement or otherwise) from the New Customer without the New Customer's consent.
Other than as set forth herein, no agreement is made between you and Rebtel. Your performance of Services and receipt of remuneration therefore shall be governed by the Terms of Engagement of the Partner. Nothing contained in this Agreement shall be interpreted as you constituting the joint venturer, employee or partner Rebtel (or any of our affiliates). However, should you, despite the above, for whatever reason be deemed to be employed with Rebtel or our affiliates according to mandatory law, you undertake to indemnify Rebtel and hold Rebtel harmless for any and all losses incurred or suffered by Rebtel as a consequence thereof, including but not limited to withholding of preliminary taxes, social security contributions together with all penalties, fines, charges and interest relating to any of the foregoing
For the avoidance of doubt, you have no express or implied authority to bind Rebtel by contract or otherwise (including without limitation making any representations or warranties on behalf of Rebtel, or to collect or receive money on Rebtel’s behalf).
You acknowledge that although we aim to keep downtime of the Activist App at minimum, the Activist App or certain parts and/or functions thereof may from time-to-time be inaccessible to you due to updates, bugs, system maintenance or any other reason.
To the maximum extent permitted by applicable law, the Activist App is provided "as is" and "as available", with all faults and without warranty of any kind, and Rebtel hereby disclaim all warranties and conditions with respect to the Activist App, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy and non-infringement of third party rights. We do not warrant against interference with your use of the Activist App or that such use will be uninterrupted or error-free, or that defects in the Activist App will be corrected. No oral or written information or advice given by us shall create a warranty. Should the Activist App cause any defects, you assume the entire cost of all necessary servicing, repair or correction.
In no circumstances shall Rebtel and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Activist App be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the use of or inability to use the Activist App or otherwise arise under the Agreement.
To the maximum extent permitted by law, you agree that the total liability of Rebtel to you for all damages and losses that arise in connection with the use of or inability to use the Activist App or otherwise arising by reason of or in connection with this Agreement shall, in relation to all incidents related or unrelated during any twelve (12) month period, be limited to five thousand (5,000) USD.
You agree to indemnify, defend and hold harmless Rebtel and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Activist App, from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Activist App (including without limitation your provision of Services through the Activist App), your breach of the Agreement, or your violation of any rights of another person or entity.
In consideration of agreeing to abide by the terms and condition of the Agreement, your are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Activist App as a tool for your provision of Services in accordance with the Terms of Engagement of Partner. You may download a copy of the Activist App onto a device controlled by you and to view, use and display the Activist App on your devices for the purposes of this Agreement and the Terms of Engagement of Partner only. All other rights shall be reserved to Rebtel.
Not limiting the aforesaid, in relation to the Activist App, you are licensed to use the Activist App on the basis of the Agreement and subject to any rules or policies applied by Apple Inc. and/or Google Inc., or any other entity within the Apple or Google group ("Apple" and "Google"). For the avoidance of doubt, the Activist App is not sold or assigned in any way to you. Rebtel and its company group shall remain the owner of the Activist App including any intellectual property rights thereto at all times.
You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works any of the types of codes (source code, binary code etc.), and any versions thereof, made available to you or otherwise used by Rebtel or you in relation to the use of the Activist App (the "Software") or to the extent applicable, any other part of our system (or permit or assist any third party in such activities). You acknowledge that you must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.
The Software may contain open source software. Any use, reproduction and distribution of components of the Software licensed under an open source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Agreement shall apply with priority over such open source software license.
You acknowledge that you have no right to access the Activist App or other parts of our system (where applicable) in source-code form.
You acknowledge that all ownership and intellectual property rights in or to the Software, the Activist App, or, to the extent applicable, other parts of our system and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in Rebtel, or Rebtel’s licensors, and that nothing in this Agreement shall constitute or be interpreted as a transfer of any such rights from Rebtel to you or anyone else.
The license granted to you as described in this Section will terminate automatically in the event of any termination of the Agreement. Furthermore, Rebtel has the right to, in its sole discretion, at any time change its features, functions and content (including without limitation removing any materials posted in or through the Activist App).
Both parties shall be entitled to terminate this Agreement immediately at any time without reason by sending a notice of termination to the other party. The termination or expiration of this Agreement for whatever cause shall not affect the provisions of any clause that expressly or by implication is intended to remain in force.
You acknowledge and agree that a termination of the Terms of Engagement of Partner shall automatically also constitute a termination of this Agreement.
You acknowledge that your access to the Activist App and your Activist Account will be immediately suspended upon a termination of this Agreement in accordance with this Section 10.
We may, at our sole discretion and without prejudice to any right which we might have to terminate the Agreement or any other right set forth in the Agreement, or available under applicable law, elect to immediately suspend, restrict or otherwise change your access to the Activist App and your Activist Account, with or without prior notice, for any reason, including in the event that:
For the avoidance of doubt, Rebtel shall not be liable for any loss, damage or inconvenience suffered by you as a result of Rebtel exercising our rights set forth in this Section. Hence, you will in no event be entitled to any compensation should we choose to exercise our rights set forth in this Section.
When providing the Services and when using the Activist App, you may collect and register personal data regarding New Customers and customers or potential New Customers on behalf of Rebtel. Collection of personal data is regarded as processing of personal data and therefore subject to applicable data protection legislation. Rebtel determines the purpose and means for the processing of personal data that is collected in relation to the Services and entered into the Activist App, and is therefore data controller. When processing personal data on behalf of Rebtel you are data processor. By accepting this Agreement, you undertake to process the personal data collected under this Agreement in accordance with the written instructions and guidelines set out in this Agreement and, additionally, Rebtel's written instructions. You will comply with any and all US state and federal laws governing the personal data of New Customers and customers or potential New Customers and all other applicable data protection laws and regulations. You will not use any personal data collected or otherwise disclosed to you in relation to the provision of the Services or use of the Activist App for any purpose other than to comply with your obligations under this Agreement and the Terms of Engagement of Partner, and undertake not to assemble and/or retain any copies or databases of such personal data or provide it to any third party. You further undertake to establish and maintain appropriate technical and organisational measures in order to protect personal data processed against unauthorized or unlawful processing and accidental loss or destruction of or damage to such personal data. For the purpose of clarification (without limiting the generality of the foregoing); You shall never be entitled to collect, process, store and/or transfer to any third party any credit, debit or other such payment card details in relation to the provision of the Services.
You may not assign and/or transfer any rights and/or obligations under this Agreement without the prior written consent of Rebtel.
This Agreement represent the entire understanding between you and Rebtel in relation to the subject matters dealt with herein and supersedes all previous covenants and representations made by either you or Rebtel, whether oral or written.
Headings used in this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
Rebtel may for your convenience, provide you with a translation of the English language version of the Agreement (which in such case will be available in the Activist App). In the event of any inconsistency between a non-English version of this Agreement and the English version, the English version shall govern your relationship with Rebtel.
If we fail to insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If a court or arbitration panel finds any provision of the Agreement to be invalid or unenforceable for any reason, the remainder of the Agreement shall continue in full force and effect.
Any communication between you and us shall be made if in writing in the English language and sent by email to the following addresses:
You acknowledge and agree that Rebtel shall not be in breach of this Agreement or liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
This Agreement, and any non-contractual obligations arising out of or in connection herewith, shall be construed in accordance with and governed by Swedish law, excluding its conflict of law principles.
Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). Notwithstanding the foregoing, Rebtel shall be entitled to bring actions for injunctive relief in any court of competent jurisdiction.
The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. The seat of the arbitration shall be Stockholm and the language to be used in the arbitral proceedings shall be English.
This Policy is incorporated into and subject to the Rebtel Activist App Terms and Conditions. Any capitalized term not defined in this Policy shall have the meaning as set forth in the Rebtel Activist App Terms and Conditions.
By downloading the Activist App you consent to us collecting, processing, storing and sharing information about you in the manners set out in this Policy. If you have any concerns about providing the information to us or having it used in any manner permitted in this Policy you should not use the Activist App and should cancel your Activist Account.
If you interact with us both as an Activist/Head Activist, and a Customer the respective privacy policies apply to your different interactions.
1. What information about you is collected and how will we use it?
Upon downloading the Activist App you are requested to register with us, and creating your Activist Account. By registering you give your consent for us to collect, use and store the following information:
We use, store and/or may disclose the above listed information for the following purposes:
We are collecting such information for the purpose of:
We use Google Analytics on both our website and in our apps in order to track and receive reports of statistics relating to usage thereof. Google Analytics is a web analytics solution which compiles and analyzes certain information about usage of a website or app. It may add cookies to your computer or device or read existing cookies when you visit our website or interact with certain parts of our apps. In order to learn more about how Google uses such data click here. By using the Activist App, you declare your consent to Google’s use of the data collected about you in the manner and for the purposes described above.
In addition, we may interact with your phone's SMS inbox for the purposes of service activation, placing incoming international messages and reading the contents of the activation SMS sent to you by us.
2. Sharing Information
We will only share your data with third parties (for example, our group companies or suppliers):
With your consent (including as set out in this Policy).
3. Transfer of information outside your country
We may for the purposes set forth herein, transfer, process and store your information in Sweden or any other country in which Rebtel or its affiliates, subsidiaries, suppliers or agents maintain facilities. Any information collected within the European Economic Area (“EEA”) may, for example, be transferred to and processed in a country outside of the EEA, which may not provide the same level of protection for personal data as within the EEA. By using the Activist App, you consent to any such transfer of the information outside your country.
4. Communications, notifications etc.
We may send you messages about updates, faults, alerts and other types of issues relating to technical aspects and/or the usability of the Activist App.
We may occasionally ask you to provide information on your experiences of using the Activist App or other matters relating thereto which will be used to improve the quality of the Activist App. You are under no obligations to provide any such information. Any and all information which is voluntarily submitted by you in relation to any survey that you take part in is used for the purposes of reviewing this feedback and improving the Activist App.
5. Third Party Sites
Protecting user privacy and personally identifiable information is a top priority for Rebtel. We make substantial efforts to ensure the privacy of all personally identifiable information collected by us in relation to the Activist App. Although we cannot guarantee that the information will not be subject to unauthorized access, loss or misuse we have physical, electronic, and procedural safeguards in place to protect the information.
7. Changes to the Policy
We are constantly innovating and looking for new ways to improve our products and services. We therefore reserve the right to update or modify this Policy at any time with or without notice to reflect such improvements or any other changes to our business. We will post the revised Policy incorporated into the Rebtel Activist App Terms and Conditions under a link in the Activist App, so that users can always be aware of what information we collect, how the information is used and under what circumstances such information may be disclosed. You agree to review the Policy periodically so that you are aware of any modifications. You agree that your continued use of the Activist App after we publish a revised Policy constitutes your acceptance of the revised Policy. If you do not agree with the terms of the Policy, you should not use the Activist App and should cancel your Activist Account.
8. Accessing Your Personal Information
If you would like to view, correct, complete or remove your personal information or if you have any other questions in connection with this Policy, please contact us at email@example.com.
Last revised: November 2018