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Terms & Conditions

Terms & Conditions

These VIRPHONE End User Terms of Use (“TOUs”) apply to your access to and use of VIRPHONE products and services, including subscription services and software applications, functionalities, APIs, tools, interfaces and documentation provided in connection therewith (collectively, “VIRPHONE Platform”) provided by VIRPHONE, Inc. or its affiliates (“VIRPHONE”) or an VIRPHONE authorized reseller, distributor or other partner (“VIRPHONE Partner”). These TOUs may be modified pursuant to a service agreement or order (the “Service Agreement”) agreed to between VIRPHONE, or an VIRPHONE Partner, and the organization that contracted for your use of the VIRPHONE Platform (“Customer”), in which case these TOUs shall apply as modified. Contact your administrator for a copy of any modified TOUs, if applicable.

Your compliance with these TOU’s is a condition to VIRPHONE’s obligation to make the VIRPHONE Platform available. IF YOU DO NOT AGREE TO THE TOU’s, THEN DO NOT ACCESS OR USE (OR AUTHORIZE ANYONE TO ACCESS OR USE) THE VIRPHONE PLATFORM AND CONTACT YOUR ADMINISTRATOR.

THESE TOU’S ALSO INCLUDE IMPORTANT INFORMATION REGARDING YOUR ACCESS TO AND USE OF EMERGENCY SERVICES (i.e., 911, 999, 112, 000, etc.), INCLUDING LIMITATIONS RELATIVE TO TRADITIONAL TELEPHONE SERVICES.

1. USE RESTRICTIONS

    • Not to take any action or omission that would reasonably be expected to (1) disrupt or compromise the integrity or security of the VIRPHONE Platform, the network of an VIRPHONE partner or vendor, or the privacy of any other VIRPHONE customer or (2) cause imminent and material damage to VIRPHONE or any of VIRPHONE’s partners, vendors or other customers;
    • Not to inspect, possess, use, copy, reverse engineer, or attempt to discover the source code of or used to create any program or other component of the VIRPHONE Platform, except as expressly permitted by applicable Laws;
    • Not to attempt to hack or gain unauthorized access to any network, environment, or system of VIRPHONE or any of VIRPHONE’s partners, vendors or other customers;
    • Not to sell, resell, license, sublicense, distribute, offer, rent or lease the VIRPHONE Platform, or otherwise make the VIRPHONE Platform or any part thereof available to any third party, or use the VIRPHONE Platform as an agent or on behalf of any party other than Customer and any permitted affiliates;
    • Not to access the VIRPHONE Platform in order to build a competitive product or for the primary purpose of monitoring its availability, performance or functionality, or for benchmarking or competitive purposes;
    • Not to trunk or forward extensions or numbers associated with the VIRPHONE Platform to a private branch exchange or key system or to other numbers that can process multiple calls simultaneously.

2. INTELLECTUAL PROPERTY RIGHTS AND LICENSES

    • All rights, title and interest in and to the VIRPHONE Platform, including intellectual property rights, will remain with VIRPHONE and belong exclusively to VIRPHONE. Subject to the terms of Customer’s Service Agreement, and your compliance with these TOUs, VIRPHONE grants you (through Customer) a limited, non-exclusive, non-transferable license to use software applications provided in connection with the VIRPHONE Platform during the term of the Service Agreement.
    • You hereby assign to VIRPHONE all right, title and interest (including intellectual property rights) in and to any new feature improvement, suggestion, enhancement request, recommendation, correction, idea or other feedback that you may provide to VIRPHONE relating to the VIRPHONE Platform (collectively, “Feedback”), and you agree that VIRPHONE shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever without compensation to you.

3. EMERGENCY SERVICES

    • VIRPHONE provides Voice over IP-based communications services that support access to emergency services numbers (e.g., 911 in the United States, 999 in the United Kingdom, 112 in the European Union, 000 in Australia, etc.) for all inbound/outbound fax and voice service plans offered by VIRPHONE on the VIRPHONE Platform (each, an “Emergency-Enabled Service”) in the United States, United Kingdom, Canada, Australia and certain other jurisdictions. Emergency-Enabled Service functions differently than traditional telephone service. Emergency-Enabled Service and some of its limitations are described below.

4. DATA PRIVACY

    • VIRPHONE’s privacy policy is available at https://abwebsol.co/myprojects/project_voip/privacy-policy.php. The privacy policy describes, among other things, what information VIRPHONE collects concerning its customers, and how it uses the information it collects

5. MISCELLANEOUS

    • Your covenants under these TOUs are for the express benefit of VIRPHONE. VIRPHONE makes no representation or warranty, and shall have no liability, to you pursuant to these TOUs.