Definitions

The terms used in these Terms of Use mean:

• GSM – (Global System for Mobile Communications) – a digital mobile telephony system.
• PSTN – Public Switched Telephone Network (landline telephony).
• SMS, MMS, RCS – systems for text and multimedia messages transmitted to telecommunications networks.
• Website Owner/Administrator – i-Trends Sp. z o.o., headquartered in Poland at ul. Druskiennicka 27, 81-533 Gdynia, owner of the globfone.com domain (and subdomains) and services under this domain, as well as the Globfone mobile application, responsible for operating the Services.
• User – any natural person who accepts these Terms of Use and uses the functionalities available on the Website or in the Application. Minors should have the consent of a legal guardian to use the Services.
• Website – the internet service available at https://globfone.com and related subdomains (including premium.globfone.com and auth.globfone.com).
• Application – the mobile application “Globfone SMS Messenger” provided by the Administrator, enabling use of the Services as specified in these Terms, available through the App Store (for iOS) and Google Play (for Android).
• Services – the services provided by the Administrator via the Website or Application, including sending SMS messages, phone calls (VoIP calls), video calls, and file transfers.
• Premium Services – additional or enhanced Services provided to Users who purchase a subscription (e.g., via premium.globfone.com), which may include higher usage limits, removal of advertising, or other features beyond the free Services.
• Consumer – a consumer as defined in Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, and relevant provisions of national law (e.g., the Polish Civil Code).
• PayPal – an online financial service allowing payment for goods and services using a secure online account and payment card.
• Stripe – an online payment processing platform used by the Administrator to handle payments for Premium Services and other paid offerings, enabling secure credit/debit card transactions.
• GDPR – Regulation (EU) 2016/679 (General Data Protection Regulation), governing the protection of natural persons with regard to the processing of personal data and the free movement of such data.
• Content – any content that can be transmitted via the Services, including but not limited to SMS, MMS, RCS messages, voice messages, phone call audio, video, images, and files.
• Recipient – the intended recipient of an SMS, call, or other communication sent through the Service, identified by a telephone number in the GSM or PSTN network (or by a user identifier for certain features like video calls).
• Privacy Policy – the document defining the rules for processing Users’ personal data by the Administrator, available here.
• User Account – an account created by the User through the Globfone Identity Provider system (auth.globfone.com) to access certain Services (such as Premium Services or personalized features). An Account typically requires registration (providing information like email, phone number, and password or other authentication credentials).

General Provisions

1. These Terms of Use (“Terms”) define the rules for providing the Services via the Website and Application.
2. The Administrator provides the Services to Users under the conditions specified in these Terms.
3. By using the Website or Application, the User agrees to comply with these Terms and the Privacy Policy. Acceptance of these Terms and the Privacy Policy is a condition for using the Services. If the User does not accept the Terms or Privacy Policy, they must refrain from using the Services.
4. Using the basic functions of the Services (such as sending SMS messages or making calls as described herein) is free of charge for the User. The User does not incur fees for these basic Services, except where otherwise explicitly specified in these Terms (for example, when purchasing an Activity Report or subscribing to Premium Services). The free Services are funded by advertising revenue, and advertisements may be displayed within the Website and Application.
5. Certain functionalities or extended service features may be available only to Users who create a User Account or who purchase a Premium Services subscription. The scope of available features and any applicable fees are described in these Terms and on the relevant pages of the Website. Users without an Account may still use the open-access free Services, but will not have access to features reserved for registered or Premium users.
6. These Terms of Use are continuously available on the Website, and the User can obtain, reproduce, or record their content at any time by printing or saving them on a durable medium.

Using the Website and Application

1. The purpose of the Website and Application is to enable Users to:
   • a. send SMS messages to Recipients’ phone numbers provided by the User, where the Recipients’ numbers are in GSM networks in supported countries;
   • b. make time-limited voice calls (VoIP calls) to phone numbers provided by the User, where the Recipients’ numbers are in GSM or PSTN networks in supported countries;
   • c. initiate video calls and transfer files using peer-to-peer technology directly between Users of the Website (browser-based communication when both parties access the Website and mutually connect via a shared identifier);
   • d. use the Globfone mobile Application to access Services such as sending SMS, making voice calls, video calls, and file sharing from a mobile device.
2. Operating principles for using the Services:
   • a. Sending SMS (Website): The User must accept these Terms and the Privacy Policy, then provide the Recipient’s phone number and the message content. The SMS is sent through the Service free of charge (subject to fair use limitations and any daily sending limits the Administrator may impose).
   • b. Phone Calls (Website): The User must accept these Terms and the Privacy Policy and provide the Recipient’s phone number to initiate a free VoIP call via the Website. Calls may be limited in duration per session for fair use.
   • c. Video Calls and File Transfer (Website): The User must accept these Terms and the Privacy Policy and provide the designated username or identifier of another user who is concurrently on the Website and ready to connect. The Service will establish a direct peer-to-peer connection for the video call or file transfer between the Users’ browsers.
   • d. Using the Application (mobile app): The User must download and install the official Globfone Application, accept these Terms and the Privacy Policy within the app, and authenticate using their phone number (via an SMS verification code). The Application may request the User’s consent to access the device’s contact list (to allow the User to select phone numbers for messaging or calls; see Privacy Policy for details) and to send push notifications (to inform the User of incoming calls, messages, or service updates). The User can manage contact access and push notification permissions through their device settings. The mobile Application’s use of contacts and notifications is solely to enhance the User’s experience of the Services.
3. The Administrator reserves the right to technically modify outbound SMS messages for the sole purpose of compatibility and deliverability, for example by replacing non-Latin characters with basic Latin equivalents or removing special characters that cannot be processed, in order to ensure the message can be delivered.
4. Content Moderation (AI): The Administrator employs automated systems (including AI-based filters) to monitor and block Content sent via the Services that violates these Terms or legal provisions. In particular, messages that are detected to contain spam, fraudulent content, illegal content, offensive or harassing language, vulgar or sexual content, content that is degrading or discriminatory, threats, content violating third-party rights, or URLs to malicious or prohibited sites may be automatically blocked or filtered. Further details about automated content moderation are provided in the Privacy Policy. Aside from such automated filtering or interventions expressly described in these Terms, the Administrator does not alter the substantive content of User messages.
5. The Administrator will make every reasonable effort to transmit SMS messages, complete calls, facilitate chats, and deliver files correctly as requested by Users. However, the User acknowledges that the Services rely on various external technologies and third-party providers (such as internet connectivity, telecommunications operators, VoIP infrastructure) to function. Therefore, the Administrator cannot guarantee uninterrupted availability of the Services or successful delivery of every communication. For example, messages or calls may fail or be delayed due to coverage issues, network outages, or restrictions imposed by telecom operators or external systems beyond the Administrator’s control.
6. The User agrees to use the Website and Application only for their intended purposes and in compliance with applicable laws and good practices. Any use of the Services for purposes other than those intended, or in a manner that violates these Terms or legal provisions, is prohibited.
7. The User shall not engage in any activity that interferes with or disrupts the functioning of the Website, Application, or underlying infrastructure. The User may not, for example, attempt to circumvent or break the Service’s security measures, probe or test vulnerabilities, perform any form of reverse engineering on the software, impose an unreasonable load on the Service infrastructure, or use any automated means (such as scripts or bots) to access or use the Services in a manner that could degrade performance or circumvent usage limits.

User Accounts and Authentication

1. Registration of a User Account is required for certain Services (for example, to use Premium Services or to access personalized features), but not mandatory for basic use of the free Services on the Website. A User may browse globfone.com and use features like shere files without logging in, but advanced functionalities will only be available after account creation and login.
2. To create a User Account, the User must follow the registration process provided on the Website (which is managed through the Globfone Identity Provider system at auth.globfone.com). The registration process will require the User to provide certain information (such as a valid email address and/or phone number) and to set up authentication credentials (for example, creating a password or using an OAuth2-supported login method). The User must also accept these Terms and the Privacy Policy during the account registration process. The Globfone Identity Provider Server utilizes a secure authentication platform to handle User login and authorization via industry-standard protocols (OAuth2/OIDC).
3. All information provided by the User during account creation must be truthful, accurate, and up-to-date. The User is responsible for updating their Account information as necessary to keep it accurate (for instance, if the User changes their email address, they should update it in their Account settings).
4. The User is responsible for maintaining the confidentiality and security of their Account credentials (such as passwords or API tokens). The User must not share their login information with anyone or allow others to access the Services through their Account. Any actions taken through the User’s Account (including by persons to whom the User has disclosed their credentials) will be presumed to be authorized by the User. If the User suspects that their Account has been compromised (e.g., due to unauthorized access or theft of credentials), they must immediately notify the Administrator at support @ globfone.com and promptly change their password.
5. Each User is generally allowed to create only one Account for personal use. Creating multiple accounts by the same individual for the purpose of circumventing limitations, obtaining additional free benefits, or evading rules is prohibited (unless expressly permitted by the Administrator, such as when an enterprise client needs multiple sub-accounts for different users under a separate arrangement).
6. Minors are permitted to register an Account and use the Services only with the consent of a parent or legal guardian, who must read and agree to these Terms on the minor’s behalf. By creating an Account, the User affirms that they are at least the age of majority in their jurisdiction, or if they are a minor, that they have obtained the necessary consent from a guardian to create the Account and use the Services.
7. The Administrator reserves the right to refuse the creation of an Account, or to suspend or terminate any User Account, if the User is found to have provided false data during registration, violated these Terms or the Privacy Policy, or if the Administrator has reasonable grounds to suspect the Account is being used for fraudulent, abusive, or unlawful activities. Such measures may be taken in accordance with the provisions of the “Account Suspension and Termination” section of these Terms.

Premium Services and Payments

1. The Administrator offers optional paid PrePaid / Pay-As-You-Go services (“Premium Services”) which allow Users to enhance or extend their use of Globfone by adding credit to their Premium balance. Premium Services do not involve any subscription, contract term, recurring billing, or automatic renewal. All payments are voluntary, made at the User’s discretion, and are applied to the User’s PrePaid balance.
2. Premium Services are accessible through the dedicated site (premium.globfone.com) or through the main Website after logging into a User Account.
3. By topping up the Premium balance, the User gains access to additional features and improved usage limits compared to Free Services. These may include, for example, higher call limits, access to Premium VoIP routing, improved delivery rates, or other enhanced parameters as described on the Premium information page. The exact features and usage rules of Premium Services may change over time.
4. Topping up a Premium balance does not affect the User’s ability to use the Free Services at any time.
5. Using Premium Services does not establish any subscription, contract period, minimum duration, or obligation to make future payments. Users may cease using Premium Services or switch back to Free Services at any time.
6. Premium Users remain bound by all rules in these Terms. Misuse of the Service (e.g. fraud, abusive behaviour, prohibited content) may result in suspension or termination of Premium access or the User’s Account. Such action does not entitle the User to a refund of any remaining PrePaid balance.
7. The Administrator may update call and SMS rates for Premium Services at any time. Due to the nature of telecommunication services and the volatility of wholesale carrier pricing, such rate changes may occur frequently and without prior notice. Updated rates become effective immediately upon publication. The most current and applicable Premium rates are always available to logged-in Users at: https://premium.globfone.com/rates. Users are responsible for checking the applicable rates before placing calls or sending SMS using their PrePaid balance. Changes in pricing do not affect previously purchased credit; however, the amount of services (minutes, SMS or other Premium features) that the remaining balance can purchase may change in  accordance with the updated rates. Continued use of Premium Services after the publication of new rates constitutes acceptance of the current pricing.
8. Validity of Funds – all deposited funds remain valid for 365 days from the last use of Premium Services. Each use of a Premium feature extends the validity period by an additional 365 days.
9. Because Premium operates as a PrePaid model, all top-ups are considered final and non-refundable, unless required by applicable consumer protection law.
10. Payments for Premium top-ups are processed through a third-party payment provider, currently Stripe. Stripe handles all card details securely under PCI-DSS standards.

• When adding a payment method during verification, the User’s card is not charged; the Stripe Setup Intent is used solely to validate the card.
• A charge is executed only when the User explicitly chooses to top up their balance.
• The Administrator does not store full card numbers or security codes. Stripe provides only:
  • technical tokens,
  • card brand,
  • last four digits,
  • expiration date,
  • payment intent/session ID,
  • transaction metadata.

The Administrator stores information such as: payment amount, currency, timestamp, Stripe transaction ID, and the resulting change of PrePaid balance. This data is kept for accounting, dispute resolution, and fraud prevention purposes.

Limited License to Use the Application

1. Subject to the User’s compliance with these Terms and the Privacy Policy, the Administrator grants the User a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Globfone Application on a compatible mobile device (iOS or Android) owned or controlled by the User, solely for the purpose of accessing the Services in accordance with these Terms.
2. For Applications downloaded from Apple’s App Store, this license is further subject to the applicable terms of the Apple Media Services Terms and Conditions. For Applications downloaded from Google Play, the license is subject to the Google Play Terms of Service. In the event of any conflict between these Terms and the app store provider’s terms as they apply to the Application, those app store terms may impose additional requirements on the User (for example, usage rules or conditions for in-app purchases) but do not expand the scope of the license granted by the Administrator.
3. The license granted to the User is solely for the purpose of enabling the User to use and enjoy the Services in the manner permitted by these Terms. The User may not distribute, rent, lease, lend, sell, or sublicense the Application, and may not copy (except for creating a backup on the User’s device), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application or any part of it (except to the limited extent allowed by applicable law notwithstanding this limitation).
4. All rights not expressly granted to the User in these Terms are reserved by the Administrator and its licensors. The Application and the Services are licensed, not sold, to the User. The User obtains only the limited rights explicitly granted in this section. If the User breaches these Terms, the license to use the Application will automatically terminate, without prejudice to any other remedies available to the Administrator under these Terms or applicable law.

Restrictions on Use of Services and User Responsibility

1. The User may not use the Website or Application to send or transmit any Content that:
   • a. violates the personal rights or privacy of the Recipient or any third party;
   • b. is offensive, vulgar, obscene, or otherwise constitutes hate speech or unlawful harassment toward any individual or group;
   • c. contains threats of violence or incitements to commit violence or other harmful acts;
   • d. is unlawful, promotes illegal activities, or is otherwise inconsistent with applicable law (for example, defamatory content, child sexual abuse material, content that violates export control or sanctions laws, or content that facilitates fraud or crime);
   • e. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” chain letters, pyramid schemes, or any other form of solicitation not expressly permitted by the Administrator;
   • f. contains software viruses, worms, Trojan horses, malware, or any other harmful code designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment;
   • g. is intended to perpetrate fraud, impersonation, phishing, or any other deceptive or unlawful scheme; or
   • h. infringes the intellectual property rights or other proprietary rights of any party (for example, sending content that the User does not have the right to transmit under copyright, trademark, trade secret, or privacy laws).
2. The User is aware that the Service includes automated moderation systems (see “Content Moderation (AI)” above) that aim to block or filter Content described in point 1. However, the User bears full legal responsibility (civil and criminal) for all Content they send or transmit via the Services. The User will indemnify the Administrator for any third-party claims arising from Content the User has transmitted that violates point 1 or any applicable law (as further described in the Indemnification section).
3. If the User violates these Terms, particularly the prohibitions listed in point 1 of this section, the Administrator will cooperate with appropriate law enforcement and regulatory authorities as legally permissible to disclose necessary information about such User. This may include efforts to determine the User’s identity and sharing of usage logs or Content with authorities, to the extent allowed by law, for the purpose of investigating and addressing the violation.
4. The Administrator is not responsible for the Content transmitted by Users via the Services. This includes any harm or offense caused by unwanted, inappropriate, illegal, or harmful Content that a User may send to a Recipient. The Administrator acts as a platform to transmit communications and does not actively monitor, edit, or endorse any User-generated Content. The Administrator’s liability for User Content is excluded to the maximum extent permitted by law, as described in the “Disclaimer of Warranties and Limitation of Liability” section (except to the extent that liability may arise under mandatory provisions of law).
5. Recipients who receive unwanted communications (such as unsolicited SMS messages or phone calls) through the Service have the ability to opt out or block further messages/calls from Globfone Users. The Administrator provides a mechanism on the Website for Recipients to blacklist their phone number from receiving communications via Globfone (for instance, by using the form at https://premium.globfone.com/free/block_my_number ). Once a Recipient’s number is blocked through that mechanism, Users of the Service will be prevented from sending SMS or initiating calls to that number through Globfone’s Services.
6. The Administrator maintains and utilizes various fraud and abuse prevention measures to protect the integrity of the Services. These measures include, but are not limited to, automated systems and manual monitoring to detect patterns of spam or abuse, blacklisting of certain phone numbers or IP addresses associated with fraudulent or excessive usage, and rate limiting of service usage to prevent abuse. If a User’s activities trigger these protections (for example, if a User sends an unusually high volume of messages in a short time, or if the content of their messages consistently triggers filters for prohibited content), the User’s access to the Services may be temporarily or permanently restricted. Such restrictions can include suspension of the User’s Account, blocking of the User’s originating IP address or phone number, or other technical barriers to usage. These actions may be taken automatically by the system or manually by the Administrator’s team, and may occur without prior notice to the User if necessary to prevent ongoing abuse. If the User believes their access was wrongfully restricted, they may contact the Administrator to request a review, but the Administrator’s decision regarding abuse prevention measures will be final, as it is made in the interest of overall service security and reliability.

User-Generated Content and License to the Administrator

1. By transmitting or submitting any Content (for example, the text of an SMS message, the audio of a voice call, a video stream, or any file) via the Services, the User grants the Administrator a worldwide, royalty-free, non-exclusive license to use that Content solely for the purposes of providing and maintaining the Services. This license permits the Administrator to (a) host, cache, store (temporarily), reproduce, transmit, and display the Content as necessary to deliver it to the intended Recipient(s) (for instance, to route a call or deliver an SMS message to the Recipient’s telecom network) and (b) analyze such Content, including by automated means (e.g., AI moderation systems), for the purposes of spam and fraud detection, filtering of prohibited content, security monitoring, and improving the quality of the Services (including training and refining machine learning models used for content moderation and threat prevention).
2. The User retains ownership and intellectual property rights in the Content they create and send. The license granted to the Administrator in point 1 is not a transfer of ownership but a functional permission that enables the Service to work and to protect the Service from abuse. This license is limited in time: it expires once the Content is no longer stored on the Administrator’s systems (in accordance with the retention periods outlined in the Privacy Policy) or when the User’s Account is deleted, whichever occurs first, provided that the Administrator may retain copies as reasonably necessary for archival or legal compliance purposes (e.g., backups or logs required by law, or evidence preservation). After such expiration, the Administrator will not use the Content except as required for legal compliance or legitimate business needs that are permitted by law.

Account Suspension and Termination

1. The Administrator may, at its sole discretion, suspend (temporarily disable) or permanently terminate a User’s Account and/or access to the Services (including removal of access to the Application or any part of the Services associated with the User) without prior notice if the User:
   • a. violates any provision of these Terms or the Privacy Policy;
   • b. uses the Services to send spam, transmit prohibited Content, or engage in any unlawful use of the Services;
   • c. attempts to interfere with or disrupt the Administrator’s networks, servers, or other infrastructure, or attempts to gain unauthorized access to any systems or accounts related to the Services;
   • d. provides false, misleading, or incomplete data during registration, authentication, or in their interactions with the Service (for instance, using a false identity or a phone number that does not belong to them for verification); or
   • e. violates the rights of third parties (for example, by engaging in harassment, stalking, defamation, or intellectual property infringement) in connection with the use of the Services.
2. User may request deletion of your Globfone Account (and thereby terminate their agreement for the provision of Services) by using the “Delete Account” option available in the account profile. This action initiates the automated process of anonymising and deleting your personal data, subject to the exceptions and retention periods described in Privacy Policy (e.g. data required for legal compliance or necessary to establish or defend legal claims). The User may also request deletion of their Account at any time. To initiate account deletion, the User should send a request via email to support @ globfone.com from the email address associated with the Account or provide sufficient information to identify the Account (such as the phone number used for registration, if the Account was created with a phone number). The detailed procedure for account deletion, including identity verification and data removal, is described in the Privacy Policy. Account deletion will result in the cessation of all Services to the User and is effectively a termination of the contract between the User and the Administrator.

Indemnification

The User agrees to indemnify and hold harmless the Administrator, its affiliates, and their officers, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) made by any third party arising out of or related to: (a) the User’s use of the Services; (b) the User’s breach of these Terms or the Privacy Policy; or (c) the User’s violation of any law or regulation, or the rights of any third party, in connection with their use of the Services. This indemnification obligation will survive the termination of the User’s Account or cessation of use of the Services.

Disclaimer of Warranties and Limitation of Liability

1. THE SERVICE (INCLUDING THE WEBSITE, APPLICATION, AND ALL FEATURES OF GLOBFONE) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, the Administrator disclaims all warranties and representations, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Administrator does not guarantee that the Services will meet the User’s requirements or expectations. (Note: Some jurisdictions do not allow the exclusion of certain warranties. If the User is subject to the laws of such a jurisdiction, some of these exclusions may not apply to the extent prohibited by law.)
2. The Administrator does not warrant that the Services will be uninterrupted, timely, secure, or error-free. The User understands that the Services may be temporarily unavailable or limited for scheduled maintenance, upgrades, or emergency repairs, or due to failure of telecommunications links and equipment that are beyond the Administrator’s control. The Administrator does not warrant that any defects or errors in the Services will be corrected immediately or that the Website, Application, or any server making the Service available is free of viruses or other harmful components.
3. In no event shall the Administrator be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with the User’s use of or inability to use the Services. In particular, the Administrator is not liable for:
   • a. any interruption, delay, or failure of the Services resulting from causes beyond its reasonable control, including but not limited to force majeure events (e.g., natural disasters, acts of God, acts of government, war, civil disturbances, strikes, floods, fires, pandemics, or failures of public telecommunications networks);
   • b. the performance or availability of services provided by third-party telecommunications and technology providers, such as GSM network operators, internet service providers, hosting providers, or VoIP carriers. (For example, if an SMS is not delivered because a mobile network operator blocks it, or if a call drops due to internet connectivity issues, those are outside the Administrator’s control and responsibility.);
   • c. any technical problems or incompatibilities with the User’s own hardware, software, or internet connection that prevent the User from using the Services or cause poor service quality (for instance, issues arising from the User’s device limitations or local network conditions);
   • d. damages or losses resulting from User-provided Content or communications, especially if the User’s use of the Service involves content that violates the rights of a third party or causes harm. The User is solely responsible for the legal consequences of the content they send, and the Administrator merely facilitates the transmission of that content;
   • e. any damages resulting from the acts or omissions of third parties that affect the Services, where such acts are not under the Administrator’s control (for example, malicious actions by other users, security breaches by unrelated third parties, or fraudulent schemes perpetrated by third parties through misuse of the Service);
   • f. any loss or damage incurred by the User as a result of the Administrator’s suspension or termination of the User’s access to the Services due to the User’s violation of these Terms or applicable laws (for example, if the User is banned for misuse, the Administrator is not liable for any consequences of the User’s inability to use the Service thereafter); or
   • g. any breach of security or confidentiality during transmission of data across the internet that is not due to the Administrator’s fault. The User acknowledges that transmitting data (including Content) over the internet carries inherent risks, and while the Administrator implements reasonable security measures, it cannot guarantee absolute privacy or security during transit.
4. To the extent that the Administrator is found liable for any claim arising from the use of the Services, the Administrator’s liability to the User (including any Consumer) for direct damages shall be limited to the amount of the actual damage incurred by the User or the amount the User paid (if any) for the Service in the six (6) months immediately preceding the event giving rise to the claim, whichever is lower, unless a greater amount is required to be paid under mandatory law. The Administrator will not, under any circumstances, be liable for any lost profits, lost business opportunities, loss of data, or other indirect or speculative losses, even if advised of the possibility of such damages. Nothing in these Terms is intended to exclude or limit any condition, warranty, right, or liability that may not be lawfully excluded or limited (for example, certain statutory liabilities for personal injury or fraud).
5. The Administrator is entitled, without liability, to temporarily or permanently disable or restrict the functionality of the Website or Application (in whole or in part) in order to perform maintenance, improvements, or updates, or to mitigate any security threats. The Administrator will, where feasible, attempt to schedule planned maintenance at times that minimize disruption to users, but cannot guarantee that such downtime will not occur during peak usage times. In emergency situations (e.g., a serious security breach or technical failure), the Service may be suspended immediately as needed without advance notice. The User acknowledges that any such downtime or maintenance may occur and that it does not constitute a breach of these Terms.

Export Compliance

The User represents and warrants that they are not:

• located in a country that is subject to a United States or European Union government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and
• listed on any United States or European Union government list of prohibited or restricted parties (such as the U.S. Treasury Department’s list of Specially Designated Nationals or the EU’s consolidated list of persons, groups, and entities subject to EU financial sanctions).

The User agrees that they will not export or re-export the Application, any software or technology obtained from the Administrator, or any technical data related to the Services, except in compliance with the export control laws and regulations of relevant jurisdictions. This includes U.S. and EU export laws and regulations. The User shall not use the Services for purposes prohibited by export laws, including, for example, the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.

Data Collected by the Website and Application

1. For security reasons and to ensure proper operation of the Services, the Website and Application automatically collect certain data and server logs during use of the Services. This data includes information such as:
   • User’s IP address (Internet Protocol address);
   • Recipient’s phone number (the number to which an SMS or call is directed);
   • Date and time of the event or communication (the timestamp when an SMS/call is sent or attempted);
   • Declared sender name or caller name/ID (if applicable) that the User provides (for example, a username shown to the recipient of a P2P video call, or the caller ID name if the Service allows such customization);
   • Content of SMS messages sent (stored temporarily on the system for the purpose of delivery and moderation, in accordance with the Privacy Policy);
   • Technical information about the User’s device or client, such as the browser type and version or Application version, operating system, and other similar metadata (e.g., the User’s device model or a unique device/session identifier, and the Browser/Application User-Agent string);
   • Information on the delivery status or outcome of communications (for example, whether an SMS was delivered successfully, whether a call was answered or missed, or other relevant delivery notifications);
   • If the User is logged into a User Account while using the Service: an identifier linking the event to the User’s Account (such as an account ID or username) to associate usage records with that account; and
   • For voice calls or similar sessions: additional technical details such as the duration of a call, and for file transfers: the size of files transferred, and any other data relevant to the provisioning and logging of the specific service used.
2. Detailed information regarding the collection, processing, and storage of personal data (including retention periods for different data types and legal bases for processing) is provided in the Privacy Policy. Users are encouraged to review the Privacy Policy to understand how their personal data is handled in connection with the Services.
3. The Website utilizes certain third-party services to ensure security and performance. For example, the Website uses Cloudflare (a content delivery network and security provider) to protect against malicious traffic and to improve load times globally. As a result, Cloudflare may collect technical information about visits to the Website (such as IP addresses, device information, and request data) in accordance with its own privacy policy while providing these services.
4. The communication features of the Services (such as sending SMS messages and connecting calls) are facilitated through agreements the Administrator has with telecommunications providers and technology partners. This means that to deliver an SMS or connect a phone call, third-party networks and systems are involved. For instance, voice calls initiated via Globfone may be routed through a third-party VoIP platform (such as the Mizu VoIP system) and then handed off to traditional telephone networks, and SMS messages are delivered through interconnections with mobile telecommunications operators. These external service providers process certain data (like phone numbers, and the content of communications as needed for transmission) solely for the purpose of carrying out the requested communication. The Administrator ensures that such partners are bound by appropriate agreements or legal obligations to use the data only as necessary to provide the Services and to uphold confidentiality and data security.

Complaints

1. Any complaints regarding the operation of the Website, the Application, or the Premium Services, as well as any other feedback or concerns, may be submitted by the User only through electronic means to the following email address: support @ globfone.com. This is the designated channel for users to raise issues or file formal complaints about the Service.
2. To expedite processing, a complaint should include at least: information identifying the User and/or the relevant account or phone number involved (e.g., the phone number used in the Application or the email associated with the User’s Account), a clear description of the issue or subject of the complaint, and a detailed description of the circumstances giving rise to the complaint (such as dates, times, screenshots, error messages, or any other relevant details). Providing comprehensive information helps the Administrator address the concern more effectively.
3. The Administrator reserves the right to request additional information or clarification from the complainant if the initial complaint lacks necessary details. The User is expected to provide such supplementary information promptly upon request, as it may be required to fully investigate and resolve the complaint.
4. The Administrator will review and respond to complaints as promptly as possible. In general, a substantive response will be provided no later than 14 days from the date the Administrator receives all information necessary to investigate the complaint. The response will be sent electronically (for example, via email) to the User who submitted the complaint. If, due to special circumstances, the Administrator is unable to provide a response within 14 days, the User will be informed about the delay and the expected time frame for the final response.
5. If a User is a Consumer and is not satisfied with the resolution of a complaint, they have the option to pursue out-of-court dispute resolution methods. For instance, Consumers in the European Union may utilize the EU Online Dispute Resolution (ODR) platform, accessible at http://ec.europa.eu/consumers/odr/, to seek assistance in resolving a dispute. Using the ODR platform or other alternative dispute resolution is voluntary and does not deprive the User of the right to bring a claim before the competent courts described in the next section.

Final Provisions

1. These Terms of Use come into force on the date of their publication on the globfone.com Website and (where applicable) within the Application. The Terms will remain in effect until amended or replaced by the Administrator as described below.
2. The Administrator reserves the right to change the provisions of these Terms for valid reasons, such as changes in applicable laws or regulatory requirements, changes in the functionality or scope of the Services, the introduction of new services or features, or technological and organizational changes affecting the Services. If the Administrator decides to make material changes to these Terms, the updated Terms will be published on the Website (and made available through the Application, if applicable) at least 14 days before the changes come into effect. The Administrator will inform Users about the planned changes by posting a notice on the Website and/or by other reasonable means (for example, via email notification to Users who have Accounts). A User who does not accept the revised Terms should discontinue use of the Services before the date the changes take effect and may delete their Account as described above. Continued use of any part of the Services after the updated Terms have come into effect constitutes acceptance of those changes by the User.
3. Any disputes arising out of or related to the provision of the Services under these Terms that cannot be resolved amicably will be submitted to the jurisdiction of the competent common courts in Poland. If the User is a Consumer residing in a member state of the European Union, this jurisdiction clause does not deprive the User of any protection afforded by provisions that cannot be derogated from by agreement by virtue of the law of the EU member state where the Consumer resides. In other words, Consumers may still invoke mandatory consumer protection laws of their country of residence as applicable. The parties will first endeavor to resolve disputes amicably (including through the complaint procedure and any applicable mediation or arbitration processes) before resorting to litigation.
4. The law applicable to these Terms and to the contract for the provision of Services between the User and the Administrator is the law of Poland. However, if the User is a Consumer residing outside of Poland, nothing in these Terms will deprive the User of the protection afforded by provisions of the law of the country where the Consumer has their habitual residence, which cannot be derogated from by agreement pursuant to that country’s law. The choice of Polish law is simply a choice of governing law and does not remove any non-waivable consumer rights under local law that may apply to the User.
5. In matters not regulated by these Terms, the relevant provisions of Polish law shall apply, in particular (to the extent applicable): the Act of 18 July 2002 on the Provision of Electronic Services, the Act of 30 May 2014 on Consumer Rights, the Act of 4 February 1994 on Copyright and Related Rights, and the Civil Code of 23 April 1964. If the User is using the Services as a Consumer in another jurisdiction, the mandatory provisions of consumer protection and electronic services laws in that jurisdiction will apply to the extent that they are more favorable to the User than the corresponding Polish laws or these Terms.
6. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent authority or court, that provision shall, to the extent required, be deemed not to form part of these Terms, without affecting the validity or enforceability of the remaining provisions. The remaining provisions of these Terms will continue in full force and effect. In such a case, the Parties agree to negotiate in good faith a valid and enforceable provision that as closely as possible reflects the original intent of the invalid/unenforceable provision.