Terms of Service

By using or uploading any information, data or other input (your “Content‘) to the CLOUDSOFTPHONE web site (“Service“) a service of Alien Licensing gmbh (“CLOUDSOFTPHONE”), you (“you”, “your” or “User”) are agreeing to be bound by the following terms and conditions (“Terms of Service“). IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE SERVICE. This is a TERMS OF SERVICE for Services, and Customer is not granted a license to any software by this TERMS OF SERVICE. Registration allows you to create a user account in which you will be able to create, customize, manage, and administer applications through Internet access to CLOUDSOFTPHONE’s proprietary software and architecture, including the CLOUDSOFTPHONE Catalog, Application Building tools, and Application Framework (“CLOUDSOFTPHONE Platform”). CLOUDSOFTPHONE reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

CLOUDSOFTPHONE may make changes to the TERMS OF SERVICE, and continued use of the Service constitutes Customer’s acceptance of any such changes. In addition, Customer and CLOUDSOFTPHONE shall be subject to any posted guidelines or rules applicable to such Services that may be posted at any time.

RESPONSIBILITIES AND RIGHTS

You are responsible for all activity occurring under your Account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of CLOUDSOFTPHONE, including those related to data privacy, international communications and the transmission of technical or personal data. You must do the following:

• report to CLOUDSOFTPHONE immediately of any unauthorized use of any account or any other breach of security that is known or suspected by you or any member of your Team
• report to CLOUDSOFTPHONE immediately, and use reasonable efforts to stop immediately, any copying or distribution of the CLOUDSOFTPHONE Platform that is known or suspected by you or any member of your Team
• not impersonate another CLOUDSOFTPHONE user or provide false identity information to gain access to or use the CLOUDSOFTPHONE Platform. CLOUDSOFTPHONE has the rights to use the name and the logo of CLOUDSOFTPHONE within any media support or for marketing purposes during the term of this TERMS OF SERVICE. IF, AT THE END OF YOUR SUBSCRIPTION, you elect to discontinue services, then the data that you store in Applications when using the CLOUDSOFTPHONE Platform per the terms of this TERMS OF SERVICE will be considered your personal property and fully transferable to you upon written request to CLOUDSOFTPHONE.

RESTRICTIONS ON USE

Your license to use CLOUDSOFTPHONE to create Applications is limited to you and your Team to use only and cannot be shared with or used by any Third Party with the exception of platform features that enable you to communicate with the Third Party. You agree NOT to:

• modify or make derivative works based upon the CLOUDSOFTPHONE Platform;
• disassemble, reverse engineer, analyze, decompile, modify, convert, or translate the CLOUDSOFTPHONE Platform or apply any procedure or process to the CLOUDSOFTPHONE Platform in order to build a competitive product or service to build a product using similar ideas, features, functions, or graphics of the CLOUDSOFTPHONE Platform, or copy any ideas, features, functions or graphics of the CLOUDSOFTPHONE Platform;
• license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any Third Party the CLOUDSOFTPHONE Platform and/or User Account in any way;
• link to the CLOUDSOFTPHONE Platform or Applications via the Internet, displaying any content on any other server or wireless or Internet-based device, without properly citing CLOUDSOFTPHONE as the owner or expressed written consent from CLOUDSOFTPHONE;
• collect or harvest any personally identifiable information, including account names, from CLOUDSOFTPHONE.

AS PARTY TO THIS TERMS OF SERVICE, you agree NOT to use the CLOUDSOFTPHONE Platform to engage in the following:

• sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violate Third Party privacy rights;
• sending or storing material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
• interfering with or disrupt the integrity or performance of the CLOUDSOFTPHONE Platform or the data contained therein;
• attempting to gain unauthorized access to the CLOUDSOFTPHONE Platform or its related systems or networks.

OWNERSHIP

While these TERMS OF SERVICE and the specified license(s) are in effect, it does not convey any rights of ownership in or to the CLOUDSOFTPHONE Platform. All rights, title and interest, including without limitation any copyright, patent, trade secret, or other intellectual property right in the CLOUDSOFTPHONE Platform will remain the sole property of CLOUDSOFTPHONE. Any services provided to you under this TERMS OF SERVICE related to the testing of the CLOUDSOFTPHONE Platform, including without limitation, methods, processes, notes, designs, code, documentation, and memoranda will belong to CLOUDSOFTPHONE. Any intellectual property and information, such as, without limitation, data, feedback, advice, information and designs that you give to CLOUDSOFTPHONE during the Term of this TERMS OF SERVICE will belong to CLOUDSOFTPHONE and you will receive no compensation for such information.

PRICING

CLOUDSOFTPHONE reserves the right to modify its prices and we will notify you by email when this occurs.

CLOUDSOFTPHONE ACCESS TO APPLICATIONS

During the Term of this TERMS OF SERVICE, in the event that CLOUDSOFTPHONE discovers that an Application and/or Account is in any way impeding services on the CLOUDSOFTPHONE Platform or the server that the CLOUDSOFTPHONE Platform is hosted on, you hereby agree to grant CLOUDSOFTPHONE access by proxy login to an Application or Account so CLOUDSOFTPHONE may investigate Applications and/or Accounts and the problems that they may be causing. During this investigation, services to said Applications and/or Accounts may not be accessible.

WARRANTY DISCLAIMER

CLOUDSOFTPHONE makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the CLOUDSOFTPHONE Platform or any content or online documentation. The CLOUDSOFTPHONE Platform is provided to you on an “AS IS – WHEREAS” basis. By accepting this license, you agree that you understand that the CLOUDSOFTPHONE Platform may not operate according to the specifications at all times. CLOUDSOFTPHONE DOES NOT represent or warrant the following:

1. the use of the CLOUDSOFTPHONE Platform will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data;
2. the CLOUDSOFTPHONE Platform will meet your requirements or expectations or result in revenues or profits;
3. any stored data will be accurate or reliable;
4. the quality of any products, services, information, or other material purchased or obtained by you through the CLOUDSOFTPHONE Platform will meet your requirements or expectations;
5. the CLOUDSOFTPHONE Platform will remain consistent during any given period as CLOUDSOFTPHONE reserves the right to make changes to improve service or add and remove product features at any time;
6. errors or defects will be corrected, or;
7. the CLOUDSOFTPHONE Platform or the server(s) and software components that make the CLOUDSOFTPHONE Platform available are free of viruses or other harmful components.

Any applications authored on the CLOUDSOFTPHONE platform and made available through the catalog have the warranty disclaimer as sections (1) through (7) above. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CLOUDSOFTPHONE.

TERMINATION OF SERVICES

Alien Licensing reserves the right to terminate your CLOUDSOFTPHONE Account for any reason at any time. Alien Licensing shall have no liability to Customer or any third party because of such termination. You may terminate your account at any time. Upon termination, the Customer can request a data export be made available for download. If the invoice is not paid on time, CLOUDSFOTPHONE will notify the Customer and ask for a resolution. In case the invoice is not paid within 30 Business Days from the notification and no other agreement has been reached, CLODSOFTPHONE will remove the CUSTOMER configuration from the CLOUDSOFTPHONE portal

COMPLIANCE

The Customer has a duty (and should also ensure that their affiliates, employees, contractors, agents, and customers adhere to the same) to use the Services and Data in line with relevant laws and the established Compliance Rules. This responsibility encompasses following export control laws, as well as economic, trade, and financial sanctions laws, rules, embargoes, and specific restricted state listings. Moreover, the Customer is required to support (and confirm that their affiliates, staff, contractors, agents, and customers do the same) Acrobits and its related entities in meeting demands from regulators, law enforcement entities, and Service Providers concerning the Services and Data. The “Compliance Rules” indicate that the Customer cannot distribute any software associated with Acrobits’ Cloud Softphone platform or SDK originating from the delineated Restricted Countries.The “Restricted Countries” are defined as the People’s Republic of China (covering Hong Kong and Macau), Belarus, Iran, the Democratic People’s Republic of Korea, the Russian Federation, and the Syrian Arabic Republic.

LIMITATIONS ON LIABILITY

You expressly understand and agree that CLOUDSOFTPHONE, its officers, directors, employees, affiliates, and service providers, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CLOUDSOFTPHONE has been advised of the possibility of such damages), resulting from any of the following:

• The use or the inability to use the CLOUDSOFTPHONE service;
• The cost of procurement of substitute goods and services resulting from any goods, data, information, or service purchased or obtained or messages received, or transactions entered into through or from the CLOUDSOFTPHONE Platform;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party on the CLOUDSOFTPHONE Platform or; any other matter relating to the CLOUDSOFTPHONE Platform. You also agree that CLOUDSOFTPHONE will not be liable for any interruption of business access delays or access interruptions to this site or the web site(s)
• Data non-delivery, misdelivery, corruption, destruction, or other modification
• Unauthorized access to data entered in, or breach of any security mechanisms utilized in, the CLOUDSOFTPHONE Platform or in any restricted field therein; or
• Events beyond the reasonable control or CLOUDSOFTPHONE. CLOUDSOFTPHONE’s services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. CLOUDSOFTPHONE is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Alien Licensing gmbh

@: [email protected]

a: Bahnhofstrasse 32

Baar, Zug 6300 Switzerland