Last Updated: February 19, 2021

Your use of The Gabriel® Crypto App the robocall blocker services and related software and applications (“Spam Detector” or the “Service“) is subject to the following terms of service (“Terms”). Our Terms form a legally binding agreement between you and Forward Edge-AI, Inc. (“Forward Edge-AI, “we” or “us“). By using the Service, you accept these Terms, which may be modified by us from time to time. By continuing to use the Service after we have notified you of changes to the Terms, you’re agreeing to accept those changes. We may also limit, suspend, terminate, or discontinue your use of or access to the Service or certain features or functions of the Service, at any time without notice. By using the Service, you agree that you are 18 or older or your parent or guardian has consented to these Terms.

Eligibility; Device Requirements; and Limitations. The Service is currently available for Forward Edge-AI customers only and requires a compatible phone. Customers can enroll in the Service for an annual fee. The Service uses Artificial Intelligence, Machine Learning, Blockchain Distributed Ledger technologies, and other techniques to identify and block nuisance calls and scams. The efficacy of certain features will vary depending on a number of factors related to the originating device, equipment, and technology used to create the scam or nuisance calls. The Service uses an adaptive classifier to continually evolve and adapt to new scams and nuisances.

The Gabriel® Crypto App includes localizations based on federal law and the laws of US states and territories which may or may not allow blocking of certain types of calls. For example, in some US states, it is not permissible to block political calls and thus those calls will ring on your phone unless you block them manually.

The Gabriel® Crypto App Android version app requires accessibility access to analyze suspicious calls. Gabriel’s algorithms screen in-bound calls from UNKNOWN CALLERS only to determine scam and spam risks. Calls that are deemed safe are allowed to ring or are sent directly to your voicemail. UNKNOWN
Callers are caller IDs that are not listed in your safe contacts directory and also not listed in our global scam database.

Unsafe calls are blocked and not allowed to save a message to your Android device. In order for this to function properly, our algorithms analyze the first 10 seconds of the caller’s voice to determine if it is a scam or a known scammer. This feature requires Android users to grant the Gabriel® Crypto App full access to your phone to process incoming calls.

The Gabriel® Crypto App does not store or share safe call information on our servers, nor do we allow third-party access to any data for any reason.

The Gabriel® Crypto App includes an optional registration form requesting personally identifiable information. The information requested by this form is stored on your device and is not stored in a centralized database. For users who opt-in, the Gabriel® Crypto App uses Robotic Process Automation (RPA) bots to automatically navigate and file complaints on the eConsumer.gov complaint portals and that of your state. Gabriel’s BOTs automatically delete any personally identifiable information once the compliant filing task is performed. Any fines collected are shared with our users. Also, certain information is also used when redeeming points earned through eGyft.com or cryptocurrency for referring other customers; or playing the swarm game but is otherwise not shared with any third party.

Completing the optional registration form is opt-in only and not required to use robocall blocking services. Your safe call information belongs to you and no one else.

Fees and Data Charges. You may be eligible for a free trial of Gabriel’s for a specific time period to which you may be auto-enrolled when you activate a new device. Should you choose to subscribe to Gabriel’s after the free trial ends, monthly charges apply.

Android - Required Permissions for The Gabriel® Crypto App to Operate

Phone Permission

Overlay

Identifies which incoming calls are not safe.

When is it Requested: You’ll be prompted for this permission during the initial installation of the Gabriel® Crypto App.

Location Service

Not used to track your locations. Only used to block calls based on local laws.

When is it Requested: You’ll be prompted for this permission during the initial installation of the Gabriel® Crypto App.

Read Phone State?

Allow Gabriel to detect and filter spam calls.

When is it Requested: You’ll be prompted for this permission during the initial installation of the Gabriel® Crypto App.

Give Gabriel Access to Your Contacts?

Prevent Gabriel from blocking your personal contacts.

When is it Requested: You’ll be prompted for this permission during the initial installation of the Gabriel® Crypto App.

Access to Audio

Allow Gabriel to detect scams by an unknown caller’s voice. This permission required for the Gabriel® Crypto App to identify scam and spam callers by their voice. And on some phones, provide you a warning on your speaker.

When is it Requested: You’ll be prompted for this permission during the initial installation of the Gabriel® Crypto App.

Access to SMS

Allow Gabriel to detect spam SMS messages. This is a core permission required for the Gabriel® Crypto App to analyze incoming SMS messages that may contain malware.

When is it Requested: You’ll be prompted for this permission during the initial installation of the Gabriel® Crypto App.

Storage Permission

Overview: This permission is required only if you want to back up your settings to the local storage on your phone.

When is it Requested: You’ll be prompted for this permission when you attempt to enable backups, either saving a backup or restoring a backup, from the settings menu within Gabriel.

iPhone - The following is a permission summary and overview for the iOS platform which are all optional.

Notifications

Overview: This is an optional permission that allows The Gabriel® Crypto App to display notifications and status updates. While this permission isn’t required for the operation of Gabriel but will ensure you are notified when your database is outdated or an update is available.

When is it Requested: You’ll be prompted for this permission during the initial installation of The Gabriel® Crypto App right after creating an account or signing in for the first time.

Contacts

Overview: This is optional permission for The Gabriel® Crypto App which allows access to your contacts, ensures that your contacts are never blocked and facilitates many features within The Gabriel® Crypto App to create rules-based upon your contacts.

When is it Requested: You’ll be prompted for this permission during the initial installation of The Gabriel® Crypto App right after creating an account or signing in for the first time.

Licenses and Restrictions.

The Service is the property of Forward Edge-AI, Inc., or its licensors. The Service software and any Application installed on your device are licensed and not sold to you. However, you own your data. Forward Edge-AI and its licensors grant to you a limited, non-exclusive, revocable, non-transferable, personal, non-commercial license to use the Service for its intended use, in the United States.

Restrictions on Use. You will not, or permit anyone else to, sell, resell, distribute, sublicense, loan, lease, otherwise, transfer, alter, modify, merge, adapt, copy, delete, record, translate, publish, upload, transmit, export, create derivative works of, make any commercial use of, reverse engineer, decompile, attempt to derive the source code, or disassemble the Service of any software that forms part of the Service. You may not use the Service or any part of it for any improper use (including infringement of copyright or other intellectual property rights) and must follow all laws. You will not alter, disable, or circumvent any features embedded in the software. All rights not expressly granted to you herein are reserved. Forward Edge-AI may revoke this license at any time without notice.

Branding. All trademarks, service marks, trade names, logos, domain names, and any other features of Forward Edge-AI’s brand are the sole property of Forward Edge-AI and Forward Edge-AI does not grant any rights to such branding to you for any use at all. You may not remove or alter any copyright, trademark, or other intellectual property notices of the Service.

User Content. You are responsible for any content that you upload to the Service. Forward Edge-AI does not monitor or control the content you choose to send via the Service and, we disclaim all responsibility for such content. Photos that you did not take yourself may be subject to copyright protection which limits or prohibits their copying, transmission and/or use. You agree that you will not attach copyrighted content in a way that infringes any copyright, and that you are wholly responsible for any copyright infringement resulting from your conduct. If you are unsure about whether your conduct is lawful, you should not attach the content.

Digital Millennium Copyright Act Notice. If you believe that your content has been improperly used in the Service in a way that constitutes copyright infringement, please contact Forward Edge-AI at the address below. Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on Forward Edge-AI’s system or network should be promptly sent in the form of written notice to Forward Edge-AI’s Designated Agent. The Designated Agent for DMCA Notice is:

Forward Edge-AI DCMA Attorney
10108 Carter Canyon Drive
San Antonio, Texas 78255.
Email DMCA@Forward Edge-AI.com

NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA. Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

  1. Signature of copyright owner or person authorized to act on behalf of the owner.

  2. Identification of copyrighted work claimed to be infringed.

  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material.

  4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address).

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

It is the policy of Forward Edge-AI that upon receipt of a valid DMCA notice Forward Edge-AI will remove or disable access to the allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f)).

Open Source and Third-Party Licenses. Your use of the Service is subject to any open source licenses that form part of the Service as set out in the Open Licenses file in the App. Certain software or technical information is licensed from third parties and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents. You are subject to the terms of any third-party agreements. Portions of this application use the following open source libraries:

Android
Kotlin: https://kotlinlang.org/
Jacoco: https://www.eclemma.org/jacoco/
Detekt: https://github.com/detekt/detekt
Rxjava2: https://github.com/ReactiveX/RxJava
Okhttp3: https://square.github.io/okhttp/
Retrofit2: https://square.github.io/retrofit/
Circleimageview: https://github.com/hdodenhof/CircleImageView
Web3j: https://github.com/web3j/web3j

Termination. Forward Edge-AI may limit, suspend, terminate, or discontinue the Service, or certain features or functions of the Service, at any time without notice, including if you breach these Terms. You may also cancel your use of this service at any time by unsubscribing to the Service. Any trial of the Service shall terminate at the end of the trial period.

DISCLAIMER OF WARRANTIES. THE SERVICE AND ANY INCLUDED APPLICATION IS PROVIDED BY FORWARD EDGE-AI OR ITS LICENSORS ‘AS IS’, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS OF ANY KIND, INCLUDING FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU USE THE SERVICE AT YOUR OWN RISK. FORWARD EDGE-AI AND ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, USEFULNESS, EFFICACY, SECURITY, RELIABILITY, INTEROPERABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS AT ALL OR AS TO THE IDENTIFICATION, LABELING, OR BLOCKING OF CALLS. FORWARD EDGE-AI AND ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES DO NOT PROVIDE ANY WARRANTY (EXPRESS OR IMPLIED) OR GUARANTEE THAT ALL SPAM, ROBOCALLS AND FRAUDULENT CALLERS WILL BE IDENTIFIED, LABELED CORRECTLY, OR BLOCKED. THE SERVICE COULD CAUSE DAMAGE TO YOU, YOUR DATA, DEVICE, SOFTWARE, OR HARDWARE.

LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF FORWARD EDGE-AI OR ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES FOR MONETARY DAMAGES FOR ANY CLAIMS, THAT YOU MAY HAVE UNDER THESE TERMS ARE LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD, AND THE MAXIMUM IN DAMAGES RECOVERABLE SHALL BE TEN ($10) U.S. DOLLARS. UNDER NO CIRCUMSTANCES ARE FORWARD EDGE-AI, ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS OR EMPLOYEES LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INABILITY TO USE THE SERVICE IN ANY WAY WHETHER FORESEEABLE OR NOT OR WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FORWARD EDGE-AI SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, OR PENALTIES (DIRECT OR INDIRECT) AS A RESULT OF MIS-IDENTIFICATION, MIS-MANAGEMENT, OR BLOCKING OF A CALLER OR FAILURE TO PROPERLY IDENTIFY, MANAGE OR BLOCK A CALLER.

Disputes Against Forward Edge-AI, Inc.: CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY AREN’T ALLOWED. YOU AND FORWARD-EDGE AI HEREBY AGREE THAT ANY CLAIM, CONTROVERSY, OR DISPUTE PURSUED AGAINST EACH OTHER, WHETHER RELATED TO THIS AGREEMENT OR OTHERWISE, WILL BE ON AN INDIVIDUAL BASIS AND SHALL BE FINALLY SETTLED BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND FEDERAL ARBITRATION ACT. THE AMERICAN ARBITRATION RULES ARE AVAILABLE ONLINE AT WWW.ADR.ORG/RULES. THE ARBITRAL TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY, ENFORCEABILITY, OR APPLICABILITY OF ANY PORTION OF THIS AGREEMENT TO ARBITRATE. UNLESS OTHERWISE AGREED, THE PLACE OF ARBITRATION SHALL BE SAN ANTONIO, TEXAS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Indemnification. You will indemnify, defend, and hold Forward Edge-AI, and its licensors and suppliers harmless from any claims arising out of or relating to your or any User’s actual or alleged misuse or fraudulent use of the Service or any other actual or alleged breach of these Terms. You are responsible for any costs incurred by Forward Edge-AI or any other party (including reasonable legal fees) in connection with such claims.

Safety. Please do not endanger yourself and others by using the Service while driving or engaging in any other activity that requires your full attention. When participating in bounty competitions do not attempt to contact scammers or spammers directly or indirectly in any way.

Authorization to Share Personal Information & Contact from Counsel

By subscribing to the Service, we gather the information that may be used to file individual and class action lawsuits against telemarketers or other scammers on behalf of our users. Under federal and state laws, you may be entitled to receive damages when a person or company sends you certain automated nuisance or scam calls, texts, or faxes.

Sometimes, people are hesitant to participate in class action lawsuits because they believe it will cost them money. Fortunately, by working with attorneys selected by Forward Edge-AI, you may be entitled to receive damages as the result of a settlement without paying any legal fees. Damages can range from $100 to $4,500 depending on your state and the type of violation committed.

To opt-in, please review and accept the following agreement:

You hereby acknowledge and agree that your personal information, including but not limited to your name, address, phone number, call logs and voice messages may be shared with attorneys selected by Forward Edge-AI for the purpose of investigating and prosecuting lawsuits involving potential violations of state and federal telemarketing laws. You further agree and authorize that Forward Edge-AI or attorneys selected by Forward Edge-AI may contact you regarding your legal rights in connection with any calls, texts or faxes you received that are determined to be a potential violation of state or federal law.

Governing Law (Choice of Law) Provision

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without giving effect to the principles of conflict of law thereof.

Rewards and Point Redemption Generally

Please see https://intercom.help/gabriel-7d89dea10eb6/en/?q=Tournament_2022

Termination

This Agreement shall remain effective until we or you terminate it. We may terminate this Agreement, your account and/or your ability to use the Gabriel® Crypto App or any portion thereof immediately, without notice to you, at any time and for any reason, with or without cause, including if, in our sole discretion, you fail to comply with any of these terms and conditions of use or engage in any fraudulent, criminal, or other unauthorized activity. We may also close and terminate your account due to inactivity.

Changes

We reserve the right, at any time, to (1) change the terms and conditions of this agreement; (2) change the Gabriel® Crypto App, including eliminating or discontinuing any content on or feature of The Gabriel® Crypto App; and/or (3) change any fees or charges for use of The Gabriel® Crypto App. Any changes we make will be effective immediately and automatically without further or special notice. Your continued use of The Gabriel® Crypto App following such changes will be deemed acceptance of such changes.

We further reserve the right at any time, without notice, to (1) to modify, suspend or terminate operation of or access to The Gabriel® Crypto App, or any portion of The Gabriel® Crypto App, for any reason; (2) to modify or change The Gabriel® Crypto App, or any portion of The Gabriel® Crypto App, and any applicable policies or terms; and/or (3) to interrupt the operation of The Gabriel® Crypto App, or any portion of The Gabriel® Crypto App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

APPLE

If you use the Service on an Apple device, then you agree and acknowledge that:

  • Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support

  • You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance

  • Apple and Apple’s subsidiaries are third-party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

SAMSUNG

If you use the Service on a SAMSUNG device, then you agree and acknowledge that:

  • SAMSUNG, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support.

  • You will have no claims, and you waive any and all rights and causes of action against SAMSUNG with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance.

  • SAMSUNG and SAMSUNG’s subsidiaries are third-party beneficiaries of the Terms. Upon your acceptance of the Terms, Samsung will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Keywords: Terms of Service_2022

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