These Terms of Service (the “Agreement”) apply to all users of our VOXOX Cloudphone.com service (“Service”), which includes the use of the VOXOX Cloudphone.com website (“Website”), VOXOX Cloudphone.com app (“Apps”), VOXOX Cloudphone.com network (“Network”) and VOXOX Cloudphone.com software (“Software”), from any computer or device in which the Software has been installed and the Service is accessed.
2. Your Acceptance
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE WEBSITE OR APP AND DELETE THE APP FROM YOUR COMPUTER OR DEVICE.
3. Software and Service
VOXOX owns the Software and delivers the Service (including, without limitation, calling; texting; receiving faxes; and the purchasing of additional phone numbers) via the Website and Apps. The Service is used in connection with the Software distributed by VOXOX, including the binary application for Internet communications, which are licensed under the terms of the End User License Agreement.
4. Use of Software and Service
You may use the Software via the Website and Apps, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws. The Service is provided for non-commercial use only.
4.1 Restrictions: The Service cannot be used in any jurisdiction that prohibits the download and use of the Software via the VoIP-enabled Apps.
4.2 No Warranties: Installing the Software via the Apps enables you to communicate with other people. VOXOX cannot guarantee that You will always be able to communicate with other people, nor can VOXOX guarantee that you can communicate without disruptions, delays or other communication-related flaws, or that all of your communications will always be delivered.
4.3 Content of Communications: The content of the communications sent by the use of the Software and the Service is entirely the responsibility of the person from whom such content originated. You understand that by using the Software and the Service you may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. You represent and warrant that you understand and agree that your use of the Software and the Services is at your own risk.
4.4 Utilization of Your Computer: The Software may utilize the processor and bandwidth of your smartphone, computer or other applicable devices for the limited purpose of facilitating the communication between You and third parties.VOXOX will use commercially reasonable efforts to protect the privacy and integrity of your computer resources (or other applicable device) and communications, but cannot guarantee such privacy or integrity.
4.5 New Versions of the VOXOX Software: VOXOX, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades to the Software. VOXOX has no obligation to make available or distribute any subsequent versions of the Software. In the event you want to download, install or use a new version of the App, you may have to enter into and accept a revised version of this Agreement or a new agreement.
4.6 Suspension: VOXOX may, in its sole discretion, modify, discontinue or suspend your ability to use any version of the Software, and/or disable any Software or App that you may already have accessed or installed, without any notice to You, for the repair, improvement, and/or upgrade of the underlying technologies or for any other justifiable reason, including but not limited to, circumstances where You, at Voxox’s sole and exclusive discretion, is in breach of the terms of this Agreement, creates problems, possible legal liabilities, or is engaging in fraudulent, immoral or illegal activities.
4.7 Phone Number (DID): Any user who has not used or paid for the Service for a period of thirty 30 days and received a phone number, otherwise known as a Direct Inward Dialing (DID), free of charge may be deemed “inactive,” meaning that such numbers can be removed from your account and re-assigned.
4.8 No Emergency Calls: The Software and the Service is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit, or any other kind of emergency service. You acknowledge and agree that: (I) VOXOX is not required to offer access to emergency services under any applicable local and/or national rules, regulations or laws; (ii) You must make additional or other arrangements to access emergency services and it is your responsibility to purchase (separate and apart from the Software and the Service) traditional wireless or landline telephone services to obtain such access to emergency services; and (iii) the Software and the Service is not a replacement for your primary telephone service.
5. Your Expectations
5.1 Lawful Purposes: You will use the Software and the Service solely for lawful purposes. You may not, without limitation: (a) intercept or monitor, damage or modify any communication which is not intended for you; (b) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Software or the communications; (c) send any unsolicited commercial communication not permitted by applicable law; (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use the Software or the Service to cause or intend to cause embarrassment, or distress to, or to threaten, harass or invade the privacy of any third party; or (f) use any material or content that is subject to any third-party proprietary rights, unless You have a license or permission from the owner of such rights; or (g) violate the Reasonable Use Policy.
5.2 Representations: You represent and warrant that You are authorized to enter into and comply with the terms of this Agreement. Furthermore, You represent and warrant that You will, at all times, comply with the terms of this Agreement and any and all laws, regulations and policies that may apply to the use of the Software and/or Service.
5.3 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD VOXOX AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY SUCH PARTIES IN CONNECTION WITH, OR ARISING OUT OF YOUR: (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT, OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY; (C) USE OR MISUSE OF THE SOFTWARE AND SERVICE; OR (D) COMMUNICATIONS DISTRIBUTED BY MEANS OF THE SOFTWARE AND SERVICE.
5.4 Using a Computer: If Your use of the Software and Service is dependent upon the use of a processor and/or bandwidth owned or controlled by a third party, you acknowledge and agree that Your license to use the Software is subject to Your obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the Software and Service, You have obtained such consent.
5.5 Your Account: To obtain access to the Service, You are required to obtain an account with VOXOX by completing a signup or registration form, providing Your mobile phone number or email address, and creating a password. You must provide true, accurate, current and complete information about Yourself as requested by the registration form. Only those customers who legally registered to use the Service can access and use the protected areas of the Service (or a subdirectory) via the Website or Apps. These areas are protected by Your password. If You or any individual or organization deliberately breaks into these areas without registering or agreeing to the terms and conditions of this Agreement, You or they can be sued dependent upon the level of the infringement and/or be charged with a criminal offense under the applicable and current law. Only You may use Your Service account. You represent and warrant that You will, at all times, protect the security of Your account by keeping Your password confidential, not sharing it with anyone, or letting anyone else access Your account.
5.6 Representation that Communications with Your Contacts Comply with the Law: You represent and warrant that the owners of the phone numbers you initiate messages or broadcasts to through the Cloudphone.com Services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information in your messages or text blasts when required to do so by any applicable law or regulation and that you will otherwise adhere to the Consumer Best Practices Guidelines provided by the Mobile Marketing Association if it is applicable to your messages.
You further agree that any individuals requesting Do-Not-Call (“DNC”) status shall be immediately removed from your list and you further agree that you will not initiate any further messages or broadcasts to any individuals after they request DNC status.
You need to pay to use the Service by using either a credit/debit card, scratch card voucher, cash, virtual coins or other payment methods. If You choose to pay for the Service, You acknowledge and agree that the payment for the Service is a monthly recurring payment and the payment shall be made to VOXOX by the method chosen by You until the Service is terminated. If You change or cancel Your credit/debit card, the recurring payment will be canceled and You will not be able to continue to use the Service. VOXOX reserves the right, in its sole discretion, to stop accepting payment from any credit/debit card issuer and/or user. From time to time, certain Services may have to be paid for by other means of payment as determined by VOXOX in its sole discretion.
6.1 Money-Back Guarantee
VOXOX offers a thirty (30) day money-back guarantee on the Service if you cancel within the first thirty (30) days of the Initial Term, provided that such Money-back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to, the terms and conditions of this Agreement. Requests for a Money-back Guarantee Refund must be submitted by calling (866) 514-8647 or sending an email to firstname.lastname@example.org, our support team. Guarantee Refunds will not accrue, and shall not be paid under any circumstances if you do not provide the applicable Refund Request within the Notice Period. Money-back Guarantee Refunds only apply to the Service. Only first-time accounts are eligible for the Money Back Guarantee Refund. For example, if you previously had or still have an account with the Service and you canceled and signed up again for a new account, you will not be eligible for a refund. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
7. Term, Termination, Updates
7.1 Term: This Agreement will be effective as of the date that You: (i) click the “Next,” “Accept” or “Agree” button; or (ii) install the VOXOX Software; or (iii) upon your use of the Software, Website, App, Network or Service, and will remain effective until terminated by either VOXOX or You as set forth in the End User License Agreement.
7.2 Termination: You may terminate this Agreement with immediate effect at any time as set forth in the End User License Agreement.
7.3 Modification of this Agreement: VOXOX reserves the right to change this Agreement, at any time, by publishing a revised or modified Agreement or Policy on the VOXOX website. The revised or modified Agreement shall become effective within thirty (30) days of such publication unless You accept the revised Agreement earlier by clicking on the “Next,” “Accept” or “Agree” button. Your acceptance or Your continued use of the Software and Service, including calling and texting, after the expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the modified Agreement or Policy. You can find the latest version of this Agreement at [www.Voxox.com/terms].
8. Other Terms
8.3 Partial Invalidity: If any provision of this Agreement, or any part of such a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision, or part of such provision, is not of a fundamental nature to the terms of this Agreement as a whole, the legality, validity or enforceability of the remainder of this Agreement shall not be affected.
8.4 No Waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by this Agreement or by law shall not constitute a waiver of that right, power or remedy. If VOXOX waives a breach of any provision of this Agreement, such waiver shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
8.5 Assignment: You are not allowed to assign this Agreement or any rights hereunder.
8.8 Language: The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
8.9 Survival: The terms of Sections 4.2, 8.11, and 8.12 of this Agreement, and any other terms that are expressed to survive or operate in the event of termination, shall survive termination of this Agreement.
8.10 Use at Your own Risk: You expressly acknowledge and agree that the use of the Software and Service is at Your sole risk and that the entire risk to satisfactory quality, performance, accuracy and effort remains with You, to the maximum extent permitted by law.
8.11 No Liability: The Software is being provided to You pursuant to the End User License Agreement available at https://www.cloudphone.com/end-user-license-agreement/. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT VOXOX, ITS PARTNERS, AFFILIATES, LICENSORS, AND THE VOXOX STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO IMMEDIATELY DELETE AND CEASE USE OF SUCH SOFTWARE AND DISCONTINUE USE OF THE SERVICE.
8.12 Limitation of Liability: IN NO EVENT SHALL VOXOX, ITS PARTNERS, AFFILIATES, LICENSORS, OR THE VOXOX STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY TO YOU OR ANY THEIR PARTIES, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR SERVICE; (B) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR SERVICE; (C) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF; (I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE SOFTWARE OR SERVICE; (II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY VOXOX FOR ANY REASON; AND (III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE SOFTWARE.
THE LIMITATIONS ON VOXOX’S LIABILITY TO YOU IN THIS SECTION 8.12 SHALL APPLY WHETHER OR NOT VOXOX, ITS PARTNERS, AFFILIATES, LICENSORS OR THE VOXOX STAFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
8.13 Jurisdictional Limitations: As some jurisdictions do not allow some of the exclusions or limitations, as set forth above, some of these exclusions or limitations may not apply in those jurisdictions. In such an event, the liability will be limited to the maximum extent possible and allowed by law within the applicable jurisdiction.
9. Electronic Communications and Signatory Consent
You hereby agree to use electronic communication to enter into this Agreement, make purchases, create other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the Software. You hereby expressly waive any rights or requirements under any laws or regulations in any jurisdiction that requires an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS, AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “NEXT,” “ACCEPT” OR “AGREE” BUTTON (OR SIMILAR BUTTONS OR LINKS, AS DESIGNATED BY VOXOX) AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO VOXOX THE RIGHTS SET FORTH HEREIN.
COPYRIGHT AND TRADEMARK INFORMATION
COPYRIGHT NOTICE: Copyright © 2006 – 2017 VOXOX, Inc. All Rights Reserved
“VOXOX” and the VOXOX logo are registered trademarks of Telcentris, Inc. “VOXOX,” “VOXOX Unify,” “Reach Me Anywhere,” and the VOXOX logo are registered trademarks of Telcentris, Inc. All other trademarks, trade names service marks, service names are the property of their respective holders.