Effective: May 4, 2021
Acceptance and Modification
- Acceptance. Please carefully read the representations, warranties, conditions, covenants and agreements set forth below in this end user license agreement (the “Agreement”) as they contain the legal terms that govern Your use of Phone2, Inc.’s (“Phone2”, “We”, “Us” or “Our”) telecommunications service known as “Services” and the App (as defined below). This Agreement is a binding contract between you (“You”, “Your” or the “User”) and Phone2 and it explains Your rights and obligations when You use the App and Services. In this Agreement “App” means the software application distributed by Phone2 for use on Your Device (as defined below) in order to access the Services, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof; and “Device” means a mobile phone, smartphone, handset, tablet, laptops, or other devices enabled for internet access and/or communication including web applications running under browsers and applications running under Android and iOS operating systems.
- Modification. Phone2 reserves the right to change the terms of this Agreement at any time by publishing the revised Agreement on the Phone2 website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button (if this option is made available). Your express acceptance or Your continued use of the Services after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at https://phone2.im/terms-of-service.Eligibility
- Downloading of the App, use of the Services and registration for an account to use the Services (“Your Account”) is void where prohibited by law. You must be 13 years or older to use the Services (including, but not limited to, registering for an account). By registering for the Services, You represent and warrant that You are 13 or older and that You have the capacity to understand, agree to and comply with this Agreement. Your Account may be deleted and Your access to the Services may be terminated without warning if We believe that You are under 13 years of age.Fair Usage Policy
- By using Phone2, you agree to abide by our fair usage policy. This means that within any month of service, your Phone2 account will not make more than a combined 3000 minutes of incoming and outgoing voice calls. If your account exceeds this threshold, your account will either be (i) suspended until the next billing cycle or (ii) you will be required to pay for each additional minute at the rate of $0.01/min USD.
- The App and other parts of the Services are not intended to replace your ordinary or fixed line telephone services. As such, the App and other parts of the Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. Neither are they intended to support calls to operator or directory enquiry services. Phone2 is not liable in any manner for such calls. You must ensure that you, or anyone using your Device, have alternative arrangements for making any such calls.
- Subject to the terms and conditions of this Agreement, Phone2 hereby grants You a limited, personal, non-exclusive, non-sublicensable, non-assignable license to: (i) download, install and use the App on Your Device for the sole purpose of personally using the Services; and (ii) use the Services together with the App in accordance with this Agreement.
- Unless Phone2 has given You specific written permission to do so, You may not assign (or grant a sub-license of) Your rights to use the App or otherwise transfer any part of Your rights to use the App.
- During the registration and set-up for Your Account, You will be required to provide Us with certain information about Yourself including, without limitation, Your email address and, depending on the Device that You use, Your telephone number. As part of the registration process for Your Account, You will choose a password (the “Password”) for Your authorized access and use of the Services. Your Password are unique to You alone. Without them, no one can log-in to Your Account. You must carefully select Your Password so that it cannot be easily guessed by anyone else. You agree to keep Your Password absolutely confidential, and ensure it is never disclosed, accidentally or otherwise, to anyone else. You are fully responsible for all activities that occur under Your Account.
- By transmitting, posting, making available, submitting or otherwise communicating Your Content to or through the Services, You represent and warrant to Phone2 that You own, have a license to or otherwise control all of the rights to Your Content, and that Our use of Your Content (in accordance with this Agreement) will not infringe or violate the rights of any third party including, but not limited to, any privacy or intellectual property rights, or constitute violation of any applicable law. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any of Your Content.
- You shall not have any right to terminate the licenses to Your Content granted in this Agreement, nor to seek, obtain, or enforce any injunctive or other equitable relief against Phone2 in connection with its use of Your Content in accordance with the this Agreement, all of which such rights are hereby expressly and irrevocably waived by You in favour of Phone2.
- WE ARE NOT OBLIGATED TO BACK-UP ANY OF YOUR CONTENT AND YOU ACKNOWLEDGE AND AGREE THAT ANY OF YOUR CONTENT MAY BE DELETED AT ANYTIME. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UP COPIES OF YOUR CONTENT IF YOU DESIRE.
- The Services is a community oriented service. Please remember that any Content that You post, submit or otherwise communicate to or through the Services is Your own responsibility and We expect You to take utmost care to ensure that it remains friendly, courteous, respectful of others and is compliance with this Agreement. You are required to comply with all applicable laws in connection with Your use of the Services and such further limitations as may be set forth in this Agreement and in any written or on-screen notice from Phone2. You may not use the Services for any purpose that is unlawful or prohibited by this Agreement or that otherwise harms Phone2, its affiliates, its service providers, suppliers or customers.
- You agree that You will not use the Services to post, transmit, make available, submit or otherwise communicate any Content that: (i) is harmful or obscene; (ii) is defamatory, slanderous, libelous, harassing or abusive other otherwise harasses or advocates harassment of another person; (iii) contains nudity, pornography, excessive violence, or offensive subject matter or contains a link to an adult website; (iv) constitutes or promotes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, defamatory or libelous; (v) infringes the copyrights, patents, trade secrets, trademarks, trade names or other proprietary rights of any person or entity; (vi) constitutes “spam”, advertising or promotion of commercial services or products and or attempts to fundraise or solicit money from any other the Services user; (vii) or contains, or contains links to, files that contain viruses, malware, corrupted files, or any other similar software, programs or files.
- You shall not, directly or indirectly, to do any of the following acts in connection with Your use of the Services or the App: (i) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services or the App; (ii) modify, translate, or create derivative works based on the Services or the App; (iii) rent, lease, distribute, license, sublicense, sell, resell, assign, or otherwise commercially exploit the Services or the App or make the Services or the App available to a third party other than as contemplated in this Agreement; (iv) use the Services or the App for timesharing or service bureau purposes or otherwise for the benefit of a third party; (v) transfer, publish or disclose to third parties any evaluation of the Services or the App without Phone2’s prior written consent; (vi) create any link to the Services or the App or frame or mirror any content contained or accessible from, the Services or the App; or (vii) violate any local, state, federal or foreign law, treaty, regulation or convention applicable to You in connection with Your use of the Services or the App.
- Phone2 reserves the right to investigate and take appropriate action against anyone who, in Phone2’s sole discretion, violates Sections 18,19 or 20. Any use or misuse of the Services in a manner that is disruptive, damaging, unlawful, offensive or intrusive as determined by Phone2, in its sole discretion, shall be a breach of the terms of this Agreement, which shall result in Phone2 terminating this Agreement (and Your Account) in accordance with Section 30 below.
- You acknowledge and agree that Your communications sent over the Internet or Wi-Fi networks are only secure if You are using a specific communication protocol intended for securing such communications. Further, You acknowledge and agree that communications sent over third-party unsecured Wi-Fi networks are not private and may be seen and used by others. For these reasons, Phone2 does not recommend that You disclose personal information over third-party unsecured Wi-Fi networks without ensuring that adequate security precautions are taken prior to transmittal.
- Despite Our safety and privacy controls, We cannot guarantee that You will not encounter inappropriate or illegal conduct from other users of the Services. Consequently, if You encounter such content and/OR conduct, You can help Phone2 by notifying us of any inappropriate or illegal conduct or content (such as, nudity or pornography, or harassing statements, unwelcome contact or fraud) by contacting “hello at phone2.im”. The reporting of complaints will be confidential and once a complaint is received, We will first acknowledge the receipt of Your complaint and then take steps to address the complaint that may include, but is not limited to, removing the offending content or to warn or, as appropriate, to prevent from the Services those transmitting such content or engaging in such conduct. We will also promptly provide You with an explanation of the steps taken to address the complaint.
- All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the App, and the selection, coordination, and arrangement of such content, are owned by Phone2, or its applicable third party licensors, to the full extent provided under applicable copyright laws.
- All rights in the product names, company names, trade names, logos and designs of Phone2 or third party products or services that form part of the Services or the App, whether or not appearing in large print or with the trademark symbol, belong exclusively to Phone2 or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Agreement confers on You any license or right under any patent, copyright or trademark of the Phone2 or any third party.
- The Services may be supported by advertising revenue and may display advertisements and promotions provided by third party partners or providers. The manner, mode and extent of advertising on the Services are subject to change without specific notice to You. In consideration for Phone2 granting You access to and use of the Services, You agree that Phone2 may place or allow the placement of such advertising on the Services.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the App or the Services (collectively, “Submissions”) provided by You to Us are solely Your Submissions and not that of a third party, are non-confidential to You and shall become the sole property of Phone2. Phone2 shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive to and in favour of Phone2, Your moral rights in and to Submissions made by You.
- Term. The term of this Agreement (“Term”) will commence, and You may begin using the App and the Services, once You agree to this Agreement. The Agreement will remain in effect until terminated by You or Us in accordance with Section 34 below.
- Termination. You may terminate this Agreement with immediate effect at any time. Without limiting other remedies, Phone2 may limit, suspend, or terminate this Agreement and Your use of the Services, the App, prohibit access to the Services and delete Your User Account, with immediate effect, automatically if We think that You are in breach of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Phone2 shall effect such termination by providing notice to You to the email address You have provided to, and/or by preventing Your access to Your User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
- Phone2 reserve the right to terminate this Agreement and the Services with You for any reason which may injury the business of Phone2 including using software from other parties to send messages using the Services or in any manner using the Services excessively.
- Consequences of Termination. Upon termination of this Agreement: (a) all licenses and rights to use the App and the Services shall immediately terminate; (b) You will immediately cease any and all use of the App and the Services; and (c) You will immediately remove the App from Your Devices and all copies of the App in Your possession or under Your control.
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD the Services HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE LEGAL FEES INCURRED BY Phone2, IN CONNECTION WITH OR ARISING OUT OF YOUR: (I) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; (II) VIOLATION OF ANY RIGHTS OF ANY THIRD-PARTY; (III) USE OR MISUSE OF THE APP AND/OR the Services; OR (IV) YOUR CONTENT.
- No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, the Services AND THE APP ARE PROVIDED “AS IS” WITH NO WARRANTIES OR CONDITIONS WHATSOEVER; Phone2 DOES NOT, MAKE ANY WARRANTIES, CLAIMS, CONDITIONS OR REPRESENTATIONS WITH RESPECT TO the Services INCLUDING, BUT NOT LIMITED TO THE APP, WHETHER EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. Phone2 FURTHER DOES NOT REPRESENT OR WARRANT THAT the Services OR THE APP, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES Phone2 WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF COMMUNICATIONS MADE THROUGH the Services.
- Data and Access Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, THE FAILURE TO STORE, THE MISDELIVERY, OR THE UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT THROUGH the Services OR THE APP. BY USING the Services OR THE APP, YOU ACKNOWLEDGE AND AGREE THAT TECHNICAL PROCESSING AND TRANSMISSION OF INFORMATION USING the Services MAY INVOLVE TRANSMISSIONS OVER VARIOUS NETWORKS AND CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. Phone2 IS, AND SHALL, NOT BE RESPONSIBLE OR LIABLE FOR ANY: (A) INCORRECT OR INACCURATE TRANSCRIPTION OF INFORMATION; (B) HUMAN ERROR OR PRINTING ERROR; (C) INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE NETWORK OR ELECTRONIC TRANSMISSION; (D) PROBLEMS RELATING TO YOUR DEVICE OR ANY OTHER COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS THE APP OR the Services; OR (E) OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION.
- YOU ACKNOWLEDGE AND AGREE THAT: (I) the Services CANNOT TRANSMIT COMMUNICATIONS OR OTHER ELECTRONIC REQUESTS TO DEVICES THAT ARE UNREACHABLE (I.E. OUT OF CELLULAR COVERAGE, POWERED OFF, ETC.); AND (II) THAT the Services IS NOT A SERVICE TO BE RELIED UPON AS THE SOLE MEANS OF RECEIVING CRITICAL INFORMATION.
- IN NO EVENT SHALL Phone2’S CHANNEL PARTNERS (INCLUDING, WITHOUT LIMITATION, DISTRIBUTORS OR SALES AGENTS) OR ANY AIRTIME SERVICE PROVIDER (COLLECTIVELY, “APP PROVIDERS”) BE LIABLE FOR THE SALE, DISTRIBUTOR OR YOUR USE OF THE APP OR THE PERFORMANCE OR NON-PERFORMANCE OF THE APP. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE APP PROVIDERS SHALL BE THIRD PARTY BENEFICIARIES TO THIS SECTION 39(b).
- No Liability: The Services and the App are being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, Phone2, ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR APP PROVIDERS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF the Services OR THE APP, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH the Services OR THE APP IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF THE APP AND the Services.
- Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Phone2, ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR APP PROVIDERS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
- ANY DIRECT, 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 Services OR THE APP;
- ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE the Services OR THE APP; OR
- 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 Services; (II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY Phone2 FOR ANY REASON; OR (III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE APP TO YOU.
- THE LIMITATIONS ON PHONE2’S LIABILITY TO YOU IN PARAGRAPH 37 ABOVE SHALL APPLY WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
- NOTWITHSTANDING ANYTHING CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL Phone2’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF ONE-HUNDRED DOLLARS ($100.00) USD. THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM.
- Jurisdiction’s 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 to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.
- App Merchants: You acknowledge and agree that the availability of the App is dependent on the third party from which You downloaded or received the App (the “App Merchant”). You acknowledge that this Agreement is between You and Phone2 and not with the App Merchant. Phone2, not the App Merchant, is solely responsible for the App and the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto. You agree to pay all fees charged by the App Merchant in connection with Your download of the App (if any). You agree to comply with, and Your license to use the App and the Services is conditioned upon Your compliance with, all applicable third party terms of agreement when using the App. You acknowledge that to the maximum extent permissible by law, the App Merchant (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
- Data Charges: You acknowledge and agree that the App and use of the Services uses network services and may incur additional network data charges (including additional charges when roaming).
- Apple Devices: If You download the App from the Apple app store (the “App Store”) or use the App to run on the Apple Inc. (“Apple”) operating system (“iOS”), such as with the iPhone, iPod, iPad or other related device using such iOS, the following terms will also apply and You acknowledge and agree to the following terms:
- Acknowledgement: Phone2 and You acknowledge that this Agreement is concluded between Phone2 and You only, and not with Apple, and Phone2, not Apple, is solely responsible for the Services and the App and the content thereof. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 44, the more restrictive or conflicting terms and conditions in this Section 44 apply, but solely with respect to the use of the Services and the App when used on iOS.
- Scope of License: The license granted to You for the App is limited to a non-transferable license to use the App on any iOS Device that You own or controls and as permitted by the Usage Rules set forth in the App Store terms of service ( http://www.apple.com/legal/itunes/appstore/dev/stdeula/ ).
- Maintenance and Support: Phone2 is solely responsible for providing any maintenance and support services with respect to the Services and the App, as specified in this Agreement (if at all), or as required under applicable law. Phone2 and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty: Phone2 is solely responsible for any product warranties with respect to the Services and the App, whether express or implied by law, to the extent not otherwise disclaimed. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Phone2’s sole responsibility.
- Product Claims: Phone2 and You acknowledge that Phone2, not Apple, is responsible for addressing any claims of You or any third party relating to Phone2 and the App or Your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Phone2’s liability to You beyond what is permitted by applicable law.
- Intellectual Property Rights: Phone2 and You acknowledge that, in the event of any third party claim that the the Services or the App or Your possession and use of that App infringes that third party’s intellectual property rights, Phone2 and/or You, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Third Party Beneficiary: Phone2 and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.
- Survival: Any terms and conditions of this Agreement which by their nature extend beyond the termination or expiry of this Agreement shall survive the termination or expiry of this Agreement including, without limitation, Sections 9 – 13, 24 – 28, 31 – 45, 47 – 53 shall survive any termination of this Agreement.
- Governing Law: This Agreement is governed, construed and interpreted by the law of the State of Wyoming in the United States of America. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Wyoming.
- Language. The Parties have expressly required that this Agreement, any communication and all other contracts, documents and notices relating to this Agreement be drafted in the English language.
- Severability: If any of the provisions (or parts thereof) contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) of this Agreement.
- Headings: The use headings are for convenience only and are not part of this Agreement.
- Relationship: Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between the parties; no party is by virtue of this Agreement authorized as an agent, employee or agent representative of the other party.
- Waiver: Any waiver of any right or remedy under this Agreement must be in writing and signed by each party. No delay in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion shall not be construed as a waiver of any right or remedy on any future occasion.
- Assignment: You may not assign any rights or obligations under the Agreement and any assignment shall be ineffective. Phone2 may assign or delegate all rights and obligations under this Agreement without notice to You.
Should You have any questions concerning this Agreement, contact Phone2 at:
30 N. Gould Street STE R
Sheridan, WY 82801
Email: [email protected]