Your use of the Gabriel® App services, related software and applications are subject to the following terms of service (“Terms”). Our Terms form a legally binding agreement between you; and Forward Edge-AI, Inc. (“we” or “us“). By using this service, you accept these Terms, which may be modified by us from time to time. By continuing to use this 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 this service or certain features or functions of this service, at any time without notice. By using this service, you agree that you are 18 or older or your parent or guardian has consented to these Terms.

Eligibility; Device Requirements; and Limitations. This service is currently available for Forward Edge-AI customers only and requires a compatible phone. Customers can enroll in this service for an annual fee. This 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. This service uses an adaptive classifier to continually evolve and adapt to new scams and nuisances.

The Gabriel® App includes localizations based on federal law and the laws of US states and territories which may or may not allow certain features like blocking or recording 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® App requires accessibility access to analyze suspicious calls. The Gabriel® App'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 ring 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® App full access to your phone to process incoming calls.

Except when you grant us explicit permission, the Gabriel® 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® 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® App uses Robotic Process Automation (RPA) bots to automatically navigate and file complaints on the eConsumer.gov complaint portals and that of your state. The Gabriel® App 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 used when redeeming points earned through Gyft.com for referring other customers.

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

You may be eligible for a free trial of Gabriel® App for a specific time period to which you may be auto-enrolled when you activate a new device. Should you choose to subscribe to the Gabriel® App after the free trial ends, monthly charges will apply.

You will be prompted for the following permissions during the initial installation of the Gabriel® App:

This service is the property of Forward Edge-AI, Inc. This service's software and any application installed on your device are licensed and not sold to you. However, you own your data. Forward Edge-AI grants you a limited, non-exclusive, revocable, non-transferable, personal, non-commercial license to use this service for its intended use, in the United States.

Restrictions on Use. You will not 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 any software that forms part of this service. You may not use this 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. Gabriel® and its logo, and all other 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 you any rights to such branding. You may not remove or alter any copyright, trademark, or other intellectual property notices of this service.

User Content. You are responsible for any content that you upload to this service. Gabriel® App does not monitor or control the content you choose to send via this 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 while utilizing this 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 Gabriel’s Designated Agent. The Designated Agent for DMCA Notice is:

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:

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 this service is subject to any open-source licenses that form part of this service as set out in the Open Licenses file in the Gabriel® 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:

Third Party Integrators: Through the Gabriel® App, users may have access to external resources provided by third parties. Users acknowledge and accept that Forward Edge-AI, Inc. has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resource provided by third parties, including those applications to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Termination. Forward Edge-AI may limit, suspend, terminate, or discontinue this service, or certain features or functions of this 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 this service. Any trial of this service shall terminate at the end of the trial period.

DISCLAIMER OF WARRANTIES. THIS 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. YOUR USE OF THIS SERVICE IS 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 THIS SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT THIS 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. THIS 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 THIS 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 THIS SERVICE OR THE INABILITY TO USE THIS 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 suppliers harmless from any claims arising out of or relating to your or any User’s actual or alleged misuse or fraudulent use of this 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. It is recommended that you do not endanger yourself and others by using this 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.

Class Arbitration Waiver, Authorization to Share Personal Information and Contact from Counsel. By subscribing to this 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 to Class Action lawsuits, 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.

[ ] I elect to opt-in (register in app settings)

[ ] I do not want to opt-in (no further action needed)

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

Changes

We reserve the right, at any time, to (1) change the terms and conditions of this agreement; (2) change the Gabriel® App, including eliminating or discontinuing any content on or feature of The Gabriel® App; and/or (3) change any fees or charges for use of The Gabriel® App. Any changes we make will be effective immediately and automatically without further or special notice. Your continued use of The Gabriel® 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® App, or any portion of The Gabriel® App, for any reason; (2) to modify or change The Gabriel® App, or any portion of The Gabriel® App, and any applicable policies or terms; and/or (3) to interrupt the operation of The Gabriel® App, or any portion of The Gabriel® App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

SAMSUNG

If you use this service on a SAMSUNG device, then you agree and acknowledge that:

Appendix: Additional Resources

Keywords: Terms of Service

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