Definitions

The terms used in these Regulations 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 directed 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 services under this domain, as well as the Globfone mobile application, ensuring the integrity and proper operation of the services.
• User – any natural person who accepts these Regulations 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 http://globfone.com.
• Application – the mobile application “Globfone SMS Messenger” belonging to the Website Owner, enabling the provision of services specified in these Regulations, available in the App Store (for iOS) and Google Play (for Android).
• Services – services provided by the Administrator via the Website or Application, including sending SMS messages, phone calls, video calls, file transfers.
• Consumer – a consumer within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights and the provisions of the Civil Code.
• PayPal – an online financial service allowing payment for goods and services using a secure online account and payment card.
• GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
• Content – any content that can be transmitted via the Website or Application, including: SMS, MMS, RCS messages, voice messages, phone calls, images, and files.
• Recipient – the owner or user of a telephone number belonging to the GSM or PSTN network.
• Privacy Policy – the document defining the rules for processing Users’ personal data, available here.

General Provisions

1. These Regulations define the rules for providing Services via the Website and Application.
2. Services are provided under the terms specified in the Regulations.
3. A User using the Website or Application is obliged to comply with the provisions of the Regulations and the Privacy Policy. Acceptance of the Regulations and Privacy Policy is a condition for using the Services. Lack of acceptance prevents the use of Services.
4. Using the basic functions of the Services (sending SMS, calls) is free for the User, meaning the User does not incur costs for these services, subject to exceptions specified in these Regulations (e.g., purchasing an Activity Report). Services are funded by advertising revenue displayed in the Application and on the Website.

Using the Website and Application

1. The purpose of the Website and Application is to enable Users to: a. send SMS messages to Recipient phone numbers provided by the User, registered in GSM networks in selected countries; b. make time-limited phone calls to numbers provided by the User, registered in GSM and PSTN networks in selected countries; c. make video calls and transfer files using Peer2Peer technology directly between Website Users.
2. Operating principles: a. Sending SMS: The User must accept the Regulations and Privacy Policy, provide the Recipient’s phone number, and the message content. b. Phone Calls (Website): The User must accept the Regulations and Privacy Policy and provide the Recipient’s phone number. c. Video Calls and File Transfer (Website): The User must accept the Regulations and Privacy Policy and provide the declared username of the user who is simultaneously on the Website and awaiting connection. d. Using the Application: The User must download the Application, accept the Regulations and Privacy Policy, and provide their own phone number for authorization (via Firebase Authentication). The Application may request consent to access contacts (details in the Privacy Policy).
3. The Administrator reserves the right to interfere with the content of SMS messages sent via the Service, solely consisting of replacing national diacritical marks with Latin characters and eliminating special characters that prevent sending SMS messages (characters that are not letters of the alphabet).
4. Content Moderation (AI): The Administrator uses automated systems (AI) to filter and block SMS messages containing content deemed spam, fraudulent, illegal, offensive, vulgar, sexual, degrading, containing threats, violating third-party rights, or containing prohibited URLs. Details regarding AI moderation are in the Privacy Policy. The Administrator does not interfere with message content in any other respect.
5. The Administrator will make every effort to ensure that SMS messages and files are sent correctly and that phone and video calls are properly executed. Due to the use of external technical solutions and dependence on telecommunications operators, the Administrator cannot guarantee the continuity of services or the delivery of every SMS message to the Recipient or connection with the Recipient.
6. The User is obliged to use the Website and Application only in a manner consistent with their intended purpose, applicable law, and good practices.
7. The User is obliged not to take actions that disrupt the operation of the Website or Application. The User may not, alone or with the participation of third parties, change, circumvent, or break security measures, reverse engineer the Website/Application, or negatively affect their operation, causing damage or overload.

Limited License to Use the Application

1. Subject to the User’s compliance with these Regulations and the Privacy Policy, the Administrator grants the User a limited, non-exclusive, non-transferable, revocable license to install and use the Application on any mobile device (iOS or Android) that the User owns or controls.
2. For Applications downloaded from the App Store, the license is granted in accordance with the Apple Media Services Terms of Service.
3. For Applications downloaded from Google Play, the license is granted in accordance with the Google Play Terms of Service.
4. The license solely covers the right to use the Application to access the Services according to their intended purpose described in these Regulations. All other rights are reserved by the Administrator.

Restrictions on Use of Services and User Responsibility

1. The User may not send via the Website or Application Content that: a. violates the personal rights of the Recipient or third parties; b. is offensive, vulgar, degrading, hateful, or discriminatory; c. contains threats or incites violence; d. is inconsistent with applicable law (e.g., defamatory, pornographic, promoting illegal activities); e. constitutes unsolicited commercial information (spam); f. contains viruses, malware, or other harmful code; g. is intended for fraud (phishing) or other illegal activities; h. infringes intellectual property rights.
2. The AI moderation system aims to block Content listed in point 1. The User is aware that they bear full legal responsibility (civil and criminal) for the Content sent via the Services and for any third-party claims arising from the User’s actions contrary to these Regulations or applicable law.
3. In case of violation of the Regulations, particularly point 1, the Administrator will cooperate with law enforcement authorities to determine the identity of the User who committed the violation, to the extent permitted by law.
4. The Administrator is not responsible for the Content transmitted by the User via the Services, particularly for unwanted, offensive, vulgar content, content constituting a crime, or used to commit a crime, unless such liability arises from mandatory provisions of law.
5. Recipients who receive unwanted Content (including unwanted phone calls) can block the possibility of sending messages or making calls to them by Service Users on the Website at: https://globfone.com/block-my-number/.

User-Generated Content and License to the Administrator

1. By transmitting Content (e.g., SMS messages) via the Service, the User grants the Administrator a worldwide, royalty-free, non-exclusive license to: a. host, store (temporarily), transmit, and display such Content for the purpose of providing the Service (e.g., delivering an SMS to the Recipient); b. analyze the Content (including using automated AI systems) solely for the purpose of detecting spam, fraud, prohibited content, and improving the quality and security of the Service, including training machine learning models for moderation.
2. The User retains all ownership rights to the Content they transmit. The granted license is technical in nature and necessary for the proper functioning and protection of the Service. The license expires upon deletion of the Content from the Administrator’s systems (according to retention periods specified in the Privacy Policy) or upon deletion of the User’s account, subject to the need to retain data for archival or legal purposes.

Account Suspension and Termination

1. The Administrator may suspend or permanently terminate a User’s account (remove access to the Application associated with a given phone number) without prior notice if the User: a. violates the provisions of these Regulations or the Privacy Policy; b. engages in sending spam, prohibited content, or other unlawful use of the Service; c. attempts to interfere with the Administrator’s networks or systems; d. provides false data during registration or authentication; e. violates the rights of third parties.
2. The User may request the deletion of their account at any time by sending an email to support @ globfone.com according to the procedure described in the Privacy Policy. Account deletion is equivalent to terminating the agreement for the provision of Services.

Indemnification

The User agrees to indemnify and hold harmless the Administrator, its affiliates, and their officers, employees, and agents from any claim or demand (including reasonable legal fees) made by any third party arising out of the User’s breach of these Regulations, violation of any law, or violation of the rights of a third party in connection with the use of the Service.

Disclaimer of Warranties and Limitation of Liability

1. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. The Administrator disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow limitations on implied warranties; if you accept this agreement under the laws of such a jurisdiction, these limitations may not apply to you.
2. The Administrator does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Website, Application, or the server that makes them available are free of viruses or other harmful components.
3. The Administrator is not liable for: a. interruptions in the functioning of the Website or Application resulting from causes beyond its control, in particular constituting force majeure (e.g., natural disasters, acts of war, failures of public telecommunications networks); b. the functioning of third-party ICT systems and telecommunications networks (e.g., GSM operators, Internet providers); c. technical problems or difficulties related to the User’s computer or telecommunications equipment that hinder or prevent the use of the Services; d. damages caused by Users through violation of third-party rights; e. damages caused by the actions of third parties for which the Administrator is not responsible; f. damages incurred by Users in connection with blocking or removing the possibility of using the Services due to the User’s violation of the Regulations or generally applicable laws; g. breach of confidentiality of Content during its transmission over the Internet due to the technical nature of the network.
4. The Administrator’s liability towards Users (including Consumers) for damages incurred in connection with the use of the Service is limited to cases of willful misconduct by the Administrator and to the amount of the actual damage suffered, unless mandatory provisions of law (e.g., regarding consumer protection) provide otherwise. In no event shall the Administrator be liable for lost profits.
5. The Administrator is entitled to partially or completely disable the functioning of the Website or Application to carry out repairs or modernization without prior notice to Users.

Export Compliance

The User represents and warrants that they are not: a. located in a country subject to a U.S. or EU Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; b. listed on any U.S. or EU Government list of prohibited or restricted parties, such as the U.S. Treasury Department’s list of Specially Designated Nationals.

The User agrees not to export or re-export the Application or any technical data received under the Service, directly or indirectly, in violation of applicable U.S. and EU export laws and regulations.

Data Collected by the Website and Application

1. For security reasons and supervision over the proper operation of services, the Website and Application collect server logs and data accompanying the use of services, such as:
   • User’s IP address
   • Recipient’s phone number
   • Date, time of the event
   • Declared sender/caller name (if applicable)
   • SMS content (stored temporarily, according to the Privacy Policy)
   • Browser/Application UserAgent
   • Message/call delivery status
2. Detailed information on the collection, processing, and storage of personal data can be found in the Privacy Policy.
3. The Website uses the Cloudflare service to ensure security and performance. Cloudflare may collect technical data according to its privacy policy.
4. Telecommunications services are provided based on Agreements concluded by the Website Owner with service providers and/or operators.
5. Activity Report: The Recipient has the option to purchase an Activity Report for their phone number via the PayPal payment system. Authorization requires reading a code from an SMS message sent to the Recipient’s number. After the transaction, the Activity Report is sent to the email address associated with the payer’s PayPal profile. The report includes historical data from the last 180 days accompanying the provision of services mentioned in point 7 of this paragraph. PayPal retains transaction history according to its policy. (Note: The price was removed as it might change).

Complaints

1. Complaints regarding the operation of the Website or Application, and comments, can only be submitted electronically to: support @ globfone.com.
2. The complaint should contain at least: data identifying the User (e.g., phone number used in the Application if the complaint concerns the Application), the reason for the complaint, and a detailed description of the circumstances justifying the complaint.
3. The Administrator reserves the right to request additional information or explanations from the complainant if necessary to process the complaint.
4. A response to complaints will also be provided electronically promptly, no later than 14 days from the date of receipt of the complete complaint.
5. A User who is a Consumer has the option of using out-of-court methods for handling complaints and pursuing claims, e.g., via the ODR (Online Dispute Resolution) platform available at: http://ec.europa.eu/consumers/odr/.

Final Provisions

1. The Regulations come into force on the day of their announcement on the globfone.com website and in the Application.
2. The Administrator reserves the right to change the provisions of these Regulations for important reasons, such as changes in legal regulations, changes in the functionality of the Services, introduction of new services, technological or organizational changes. The Administrator will inform Users about the planned change by publishing the new version of the Regulations on the Website and in the Application at least 14 days before the changes come into effect. A User who does not accept the changes should cease using the Services and may delete their account. Continued use of the Services after the changes come into effect constitutes acceptance.
3. Any disputes related to the implementation of these Regulations will be settled by the competent common courts in Poland.
4. The law applicable to these Regulations and the contract for the provision of Services is Polish law. However, the choice of Polish law does not deprive the Consumer of the protection granted to them based on provisions that cannot be excluded by contract, under the law of the country where the Consumer has their habitual residence.
5. In matters not regulated by the Regulations, the provisions of the Act on the provision of electronic services, the Act on consumer rights, the Act on copyright and related rights, and the Civil Code shall apply.
6. If any provision of the Regulations is deemed invalid or unenforceable, the remaining provisions shall remain in force.