The Service “WIRABIZ” (Hereinafter the “Service”) is a service that offers, according to the country where it is available:
· a voice call service between Internet Users of the Application;
· outbound voice call service over the Internet allowing communication to fixed and mobile numbers;
· inbound voice call service over the internet allowing communication from fixed and mobile numbers;
· enhanced voicemail;
· enhanced Call Recordings.
This service is offered by Wiratel, LLC; 4701 Patrick Henry Dr. Bld 23, Sunnyvale, CA, 95054 United States.
The service, accessible by downloading the mobile Application “WIRABIZ” from mobile marketplaces specified on the Portal is open to any individual who has subscribed to a mobile provider and wishes to use the Service for his own needs in the context of business, non-commercial use.
Access to and use of the Service is subject to these Terms and Conditions (hereinafter the “TC”), which the User expressly accepts when registering for the Service.
1 – DEFINITIONS
In the TC, the following terms have, unless otherwise specified, the meanings given to them in this article:
Application: means the mobile software application called “WIRABIZ” available free, providing access to the Service, which the User has chosen to download to his Terminal.
Account: Means a space accessible from the “WIRABIZ” Service where the following are stored:
· Registered User profile;
· Identification of the personal data of the registered User;
· User’s personal data communication (voice messages, call recordings, greeting messages from “WIRABIZ” etc., which history can be deleted by the User in all or part of the Service);
· Contacts that the User will sync with his Account.
The User accesses his account by providing identification to the service with his email address (also called “username”) and his password.
Contacts: means all of the following items: (i) name, first name or company name and (ii) contacts (telephone number, email address, etc.) and any other data of individuals and/or entities recorded by the User in his the mobile Terminal directory.
Voicemails: means the voice messages left on the voicemail “WIRABIZ” of the User by anyone who has called his telephone number or made a VoIP WIRABIZ call which the User wished to redirect via their voicemail to WIRABIZ.
Mobile Service Provider: means the local mobile telephone service to which the User subscribes in order to make and receive phone calls via the mobile network of the provider, including data transmission.
Portal: means the www.wirabiz.com website from which the User may access the Service.
Networks: means the electronic communications networks open to the public, interconnected and used by any operator irrespective of technologies or standards used by these networks (cable, satellite, ADSL, optical fibre, GSM, GPRS, EDGE, UMTS, Wi-Fi, WiMAX, etc.).
Social Networks: It means all electronic communications services for public online-based communities of interest and offering features for sharing and community services.
Terminal: It means any mobile terminal connected to the Internet via Networks, compatible with the operating systems specified on the Portal and which is running the Application.
User: means a person of legal age registered with the Service, for his own needs, as part of a strictly personal non-commercial use and having a subscription to a Mobile Service Provider.
VOIP In: means the WIRABIZ Service function that allows Users to receive a voice call made to their assigned number via the Application, over the Internet.
VOIP OUT: means the WIRABIZ Service function that allows a User to send a voice call from the Application to a landline or mobile number.
Reseller: A company responsible for finding customers to the WiraBiz Service and managing its users via Web Portal. Reseller is also responsible for collecting service fees from the users
Web Portal: Web-based portal allowing the resellers/users to create and manage user accounts of the Service over the internet.
2 – PURPOSE
The purpose of these TCs is to define the conditions under which:
· The Service is made available to Users;
· Users may use the Service.
3 – ACCESS TO THE SERVICE
3.1 Technical requirements and consumption data:
WIRABIZ is a business telephony system in the Cloud. It allows users not only to call company extensions free of charge over the internet but also receive calls from any phone number in the world. It has nice features such as Voice Mail, Call Recording and extension calling
The creation of an account is possible only through the Web Portal provided by WiratelUse of the Service may be carried out via the Application.
The User must have a subscription allowing Internet access on his/her Terminal with a Mobile Service Provider or a WIFI service in order to use the Service.
The use of the Service involves hardware, some software and access to the Internet and mobile access. The possibility that the User may access the Service may be affected by the performance of any of these.
The minimum configuration recommended in order to use WIRABIZ is specified on the Application distribution channels. The User acknowledges and agrees that such system requirements, which may be changed from time to time, are his sole responsibility. However, no purchase or obtaining of any other product whatsoever shall be construed to represent or guarantee User access to the Service.
Use of the Service involves the transmission of data to and from the Terminal of the User, which can potentially be subject to data flow charges (data) and may also involve the use of credits included in the User’s service. It is therefore strongly recommended that the User first find out from his Mobile Service Provider about the general and special conditions of use to ensure that any consumption of data and/or voice minutes occasioned by access to the Service is not incompatible with a reasonable use of his Terminal. Wiratel, LLC cannot be held responsible for the excessive consumption of data or voice minutes in terms of access to the Internet and mobile network conditions as they were stipulated between the User and the Mobile Service Provider. Wiratel, LLC recommends that the User choose a mobile service that offers sufficient capabilities and suggests that the User ask his Mobile Service Provider about how to choose suitable pricing, where required.
3.2 Opening an Account and activating the Service
To access and fully utilize the Service, the user must be registered from the Web Portal by filling out a registration form with the information necessary for the registration of the Account.
The full names given must not (a) infringe a copyright, trademark or other rights of property of others, (b) violate privacy or other private rights, (c) usurp the identity of others or of another User, and (d) not affect public order or violate any other applicable law.
The User agrees that the information provided during registration is reliable and truthful and is kept up to date. In the event that the User should provide false, inaccurate or incomplete information, Wiratel, LLC, once it has such knowledge, has the right to immediately terminate the Account.
The User must keep his password strictly confidential.
The User must also, in order to validate his registration, read and accept the TC.
At the end of the registration process, the User can always configure his account via Web Portal.
4 – DESCRIPTION OF THE SERVICE
The Service allows the User:
· to create and maintain an address book of contacts using the directory of the mobile Terminal of the User;
· to use enriched voicemail for all WIRABIZ VoIP calls received. The voicemail will be directed to the email address provided during the registration process, as username. Checking voicemail from Application is possible to use the VoIP IN – The user should purchase credits, thus, the user is assigned a geographic local number.
· Different calling options for VOIP and related commercial methods are described in the TC and/or on the Portal and other marketing materials for the WIRABIZ Application.
Depending on the country where service is available, any or all of the above features may or may not be provided. Users are advised to refer to the Portal or other marketing materials to find out details of the scope of features offered for each country. The User is informed and accepts that the list of countries allowing a VOIP-Out call is subject to modification and change. Wiratel, LLC will attempt to inform Users within a reasonable period of the future non-availability of VOIP OUT service for a particular country.
5 – RATES & REFUND POLICY
5.1 Pricing & Refund Policy for the Service
The WIRABIZ Application is provided free of charge, except for any costs associated with an Internet connection for download and use.
Users wishing to receive calls through WIRABIZ service must purchase credits either from the Reseller or directly from the WiraBIZ appliciation
The charging period of all voice calls is per 30 seconds.
Remaining Credits and Call history of the Users are detailed in the User Portal.
When the User is registerd via reseller, the purchase of Credits is charged to the User by the Reseller via his direct credit card processing through the Web Portal. User may purchase directly from the Wirabiz Application when he/she doesn’t prefer to use the service over a Reseller.
You may purchase a subscription product (such as Start Up, Grown Biz, Small Biz) as monthly subscriptions. For all mobile subscriptions, payment will be charged to your iTunes or Google account when you confirm your purchase. Your subscription will renew automatically for the same amount of time as your original subscription unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription. This is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto-renewal by accessing your iTunes or Google account settings. You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.
Purchases of Subscriptions are non-refundable and non-transferable, even if they expire or are discontinued. We may change the purchase price for Subscriptions at any time, as well as the features included in Subscriptions. We reserve the right to stop issuing Subscriptions at any time and to set expiration dates for Subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value.
5.3 Payment Method
Wirabiz Paid Services may be purchased through your accounts with certain third-parties, such as your Apple iTunes account or your Google Play account (a “Third Party Account”). If you purchase any Paid Services through a Third-Party Account, billing for these Paid Services will appear through your Third-Party Account. You should review the Third-Party Account’s Terms of Service, which we do not control.
5.4 Cancellation of Subscriptions
If you purchase a subscription through a third-party account, you will need to cancel your subscription through that third-party and in accordance with that third party’s terms of Service. If you cancel your subscription, your subscription benefits will continue until the end of your then-current subscription term, but your subscription will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the subscription fees paid for the then-current subscription term.
This Agreement shall remain in full force and effect while you use the mobile application and website and/or the Service. We may terminate your membership for any reason, at any time, without notice. If we terminate your Membership in the Service, you shall not be entitled to a refund of any unused portion of subscription fees, if any. Even after membership is terminated, this Agreement will remain in effect. our Services’ Terms of Service and/or subscription fees, if any, that were provided to you at registration is subject to change if needed. By using the Service and becoming a Member, you
5.6 Pricing of outgoing calls for “WIRABIZ” and Call Forwarding
Calls inititated by the user using the WiraBIZ application is charged to the user based on the tariff plan of WiraBIZ Prices may vary depending on the country and prefix called. Call Forwarding is also offered only to Users who have subscribed to WIRABIZ. The number used by the User to call geographic or GSM networks is a number within the national numbering system. However, the user may want to redirect the incoming calls to his/her own number. This call forwarding is paid by the User, according to the pricing applicable for such a national number.
Users may check their “WIRABIZ” voicemail by listening to audio files (wav format) that will be received by email at the email address provided during registration to the service.
5.7 Pricing of calls received via WiraBIZ Application
The Service is offered only to Users of WIRABIZ. The calls received via WiraBIZ application is free and available through a number assigned to User, belonging to the national numbering plan the local country.
6 – LIABILITY AND USER’S GUARANTEES
The User is asked to exercise discretion and caution regarding the information he accesses and/or transmits.
The User shall not attempt to mislead third parties by usurping the name or corporate name of other persons and particularly by posing as an employee of Wiratel, LLC.
The User agrees not to synchronize the account or, more generally, use it in connection with the Service, content of any kind (text, audio, video, etc.), or other data or malware that is likely to contain viruses, Trojan horses, worms intended to damage or interfere with the proper functioning of the Service or Application.
The User agrees to notify Wiratel, LLC of any unauthorized use of its account or any other breach of security involving it.
The User agrees to use the Service in accordance with the purpose for which it was defined and marketed. Misappropriation of use is prohibited, especially the commercial use of the Service. Communications are only permitted between individuals and for non-commercial use.
The following, in particular, are cases of inappropriate use of the Service that may lead to the suspension and termination of the account:
· the use of communications for purposes other than personal use (particularly for the purpose of carrying on business);
· to use free of charge or for pay the Service as a means of rerouting communications or establishing linkages;
· the continued use of the Service especially for automatic dialling and continuous numbers on the line;
· sale or resale, total or partial, of communications;
· sending mass communications whether in an automated manner or not;
· the distribution of any viruses or computer files designed to limit, suspend or destroy the network of the Service and/or any terminal or other telecommunications equipment.
· the transmission of components or data of any kind whatsoever that would be in violation of the laws and regulations and that would be of a nature that is threatening, offensive, defamatory or prejudicial to confidentiality obligations;
· the transmission of any unsolicited or unauthorized advertising, including “spam”, as well as any act which results in the overloading of the mail servers of the Service and its network.
In addition, VOIP-Out calls to special numbers and premium rate numbers are prohibited and will not be routed through the Service.
7 – LIABILITY AND WARRANTIES OF WIRATEL, LLC
7.1.Wiratel, LLC cannot be held responsible in the event that voicemails, data and/or User messages contain illegal content and/or violate the rights of third parties.
Wiratel, LLC cannot be held responsible for any consequences resulting from unauthorized access by third parties to the Account, or more generally for a User due to the negligence of the latter.
Wiratel, LLC is responsible for the implementation of the means necessary for the proper functioning of the Service and shall take all measures necessary to maintain the continuity and quality of this Service.
7.2. Emergency calls (Calls to hospitals, police, medical units or other services that connect to an emergency service)
It is clearly stated that the function of the WIRABIZ Application does not replace the mobile phone service that the User is subscribed to with his Mobile Service Provider.
To make this type of call, the User is should use the Mobile Service Provider’s telephone services. We invite the User to close the WIRABIZ Application in order to directly dial an emergency number via the Mobile Service Provider. The WIRABIZ Application does NOT allow access to these emergency numbers.
Since the transmission and routing of emergency calls are not being performed by the WIRABIZ Service, Wiratel, LLC can not be held liable for non-transmission of these calls, especially in the case where emergency calls cannot be routed by a Mobile Service Provider for technical reasons and/or User location.
7.3.Wiratel, LLC has taken great care to match the service to its description as it appears on the Portal and in other marketing media.
The Service is subject to regular updates. In this respect, any Application downloaded by a User has a limited validity in time, taking into account these updates and any technical, legal or regulatory changes for which Wiratel, LLC cannot be held responsible. Wiratel, LLC does not in any way guarantee that the Service and/or Application is error-free or adapted to User needs.
Any action for damages, losses or damages resulting from a lack of compliance with the Service or the non-compliance with any form of warranty, of any nature whatsoever, is the sole responsibility of Wiratel, LLC.
7.4. Specific provisions solely for Users of the iOS (Apple) version of the Application
If the User notifies Apple Computer of a dysfunction of the Application, the only remedy available to the extent permitted by law will be reimbursement for the Application. Wiratel, LLC remains solely responsible with regard to the User for any complaints or claims emanating from the Application (whether an objection, a claim under consumer law or Intellectual Property, etc.) within the provisions of these Terms.
Wiratel, LLC and the User acknowledge and agree that Apple Computer and/or its subsidiaries are third party beneficiaries of these Terms and Apple Computer and/or its affiliates may expect of the User compliance with the provisions of these Terms in their capacity as third party beneficiaries.
8 – SUSPENSION – TERMINATION
Wiratel, LLC reserves the right, in accordance with these terms and conditions, to suspend the account of one or more Users, without notice or compensation in cases where there is:
· a breach of obligations, including those referred to in Article 6 hereof;
· any act of piracy or attempted illicit use of information circulating on the Service or information stored on accounts caused by or originating with a User Account;
· an act of piracy or attempted piracy of Wiratel, LLC network equipment necessary for the provision of the Service caused by or originating with the computer connection used by the User;
· Users report that any User (a) does not comply with these provisions, (b) makes use of the nature of Service for the benefit of a third party (c) makes any use of the Service that is contrary to public morality or the public order and, in any case, after investigation by Wiratel, LLC;
· contact information, including the User’s address as communicated by the latter, does not correspond to the actual contact information.
8.2 Termination of the Account by the User
Any termination of an Account initiated by the User must be in the form of a request to Reseller
8.3 Termination by Reseller
A User account can be deleted by Reseller, LLC for failure on the part of the User to comply with these TC. In this case, a formal notice will be sent to the User’s email address. If any breach is not remedied within five (5) days of receipt of the notice, the User account may be removed immediately by a simple notice of termination. In addition, Reseller reserves the right to remove automatically the account of any User who does not use the Service for a period of thirty (30) days at the least.
9 -AGREEMENT ABOUT EVIDENCE
It is expressly agreed that the Parties may communicate with each other electronically for the needs of the TC, provided that technical security measures to ensure the confidentiality of data exchanged is in place.
Both parties agree that the electronic exchange carried on between them validly represents the content of their exchanges and, where applicable, of their commitments.
10 – ASSIGNABILITY
It is prohibited for the User to assign to a third party any rights or obligations he holds under these TC. In case of breach of this prohibition, besides the termination of his account, the liability of the User may be incurred because of the contents or other data posted online or sent via his Account.
11 – PERSONAL DATA
Users are solely responsible for the information communicated through the Service and declare that the data provided is absolutely accurate and complete. The data collected through the Service is processed and used by Wiratel, LLC only in the context of the provision of the Service.
The User may at any time access the personal information held by the Wiratel, LLC, request its modification or deletion, by email to Wiratel, LLC, at the following address: email@example.com), giving proof of his identity.
Wiratel, LLC owns and retains the identification data of its Users in accordance with the regulations. For the duration of use of the Service for any purpose of evidence, data concerning the User and use of the Service are retained and archived confidentially by Wiratel, LLC, in accordance with the law.
12 – INTELLECTUAL PROPERTY
12.1 User Rights
The User is and remains the owner of the data he accesses and sends via the resources made available through the Service, including Account data and Voicemails. The ownership of the line(s) belongs to the User and he/she may carry the number to any operator.
12.2 Wiratel LLC Rights
Wiratel LLC is and remains the owner of its Service, the Application, software, software applications, graphics, trademarks, logos, designs, technology, software, databases and content made available to Users.
The User agrees not to use the WIRABIZ marks on any product or support, for any reason whatsoever. The User may not derive from the use of the Service any permission to use WIRABIZ trademarks for any purpose whatsoever.
The User acknowledges that he does not acquire any intellectual property rights over elements belonging to Wiratel, LLC. This is also forbidden for use in another context than that exclusively provided in these TC.
All upgrades, updates, derivatives, developments, whether made, created or developed by Wiratel, LLC regarding the Service are and shall remain the property of Wiratel, LLC, and the User expressly acknowledges and agrees that any contribution in the form of services, suggestions, ideas, reports, identification or defects, expenditure, or any other contribution made by the User, does confer any right, title or interest in any of the elements or components the Service.
12.3 Right of use (license)
Wiratel, LLC grants the User hereby non-exclusive, non-transferable, revocable rights, valid for the entire world and which cannot be sublicensed, to the Application and/or software components of the Application.
This authorization is subject to compliance with these TC.
This permission does not authorize the User either to access or use any source code for the Application and/or software components of the Application.
The User shall not:
2. disassemble, decompile or translate the Application and/or software components of the Application except as expressly permitted by the laws or regulations applicable;
3. sublicense or lease the Application and/or software components of the Application.
13 – APPLICABLE LAW – GENERAL PROVISIONS
If one or more provisions of this agreement are held to be invalid or are declared as such by law, a regulation or as the result of a legal decision made by a competent legal authority, the other stipulations will retain their full force and effect
The stipulations declared null and void will then be replaced by stipulations that will approach most closely the content of the originally agreed stipulations.
14 – CONTACT – CLAIM
Any claim or dispute relating to the Service must be sent by e-mail to firstname.lastname@example.org
© Wiratel, LLC. All rights reserved