Ahlanvoip is a
commercial agent of the major VOIP telephony, Betamax GMBH and
Dellmont SARL operators. Our site offers the convenient service for
making VoIP calls and recharging the VOIP telephony
balance.
Ahlanvoip Terms
of Use
PLEASE READ
CAREFULLY
Before reading the
articles below, please take good notice of the following
preliminary terms, which terms make use of some of the definitions
as specified in Article 1 below:
Entering into this
Agreement: This End User License Agreement constitutes a valid and
binding agreement between Ahlanvoip and You, as a user, for the use
of the Ahlanvoip Software. You must enter into this Agreement by
clicking on the ACCEPT button in order to be able to install and
use the Ahlanvoip Software. Furthermore, by installing and
(continuously) using the Ahlanvoip Software You agree to be bound
by the terms of this Agreement and any new versions
hereof.
Electronic Signatures
and Agreement(s): You acknowledge and agree that by clicking on the
ACCEPT button or similar buttons or links as may be designated by
Ahlanvoip to show Your approval of any foregoing texts and/or to
download and install the Ahlanvoip Software, You are entering into
a legal binding contract. You hereby agree to the use of electronic
communication in order to enter into contracts, place orders and
other records and to the electronic delivery of notices, policies
and records of transactions initiated or completed through the
Ahlanvoip Software. Furthermore, You hereby waive any rights or
requirements under any laws or regulations in any jurisdiction
which require an original (non-electronic) signature or delivery or
retention of non-electronic records, to the extent permitted under
applicable mandatory law.
Jurisdiction's
Restrictions: if You are residing in a jurisdiction which restricts
the use of internet-based applications according to age, or which
restricts the ability to enter into agreements such as this
agreement according to age and You are under such a jurisdiction
and under such age limit, You may not enter into this Agreement and
download, install or use the Ahlanvoip Software. Furthermore, if
You are residing in a jurisdiction where it is forbidden by law to
offer or use software for internet telephony, You may not enter
into this Agreement and You may not download, install or use the
Ahlanvoip Software. By entering into this Agreement You explicitly
state that You have verified in Your own jurisdiction if Your use
of the Ahlanvoip Software is allowed.
Article 1.
Definitions
In
this Agreement the following capitalized definitions are being
used, singular as well as plural.
1.1
Affiliate: any corporation, company or other entity that directly
or indirectly controls, is controlled by, or is under common
control with, Ahlanvoip. For the purpose of this definition, the
word "control" shall mean the direct or indirect ownership of more
than fifty percent (50%) of the outstanding voting stock of the
corporation, company, or other entity.
1.2
Agreement: this End User License Agreement, as may be renewed,
modified and/or amended from time to time.
1.3
API: application program interface that is included in or linked to
the Ahlanvoip Software.
1.4
Documentation: any online or otherwise enclosed documentation
provided by Ahlanvoip.
1.5
Effective Date: the date on which this Agreement is entered into by
clicking on the ACCEPT button as stated above or by downloading,
installing and (continuously) using the Ahlanvoip
Software.
1.6
IP Rights: any and all intellectual property rights, including but
not limited to copyrights, trademarks and patents, as well as know
how and trade secrets contained in or relating to the Ahlanvoip
Software, the Documentation, the Ahlanvoip Website or the Ahlanvoip
Promotional Materials.
1.7
Ahlanvoip: A trademark of Ahlanvoip Sarl, a company established
under the laws of Luxembourg.
1.8
Ahlanvoip Promotional Materials: any and all names, signs, logos,
banners and any other materials, in whatever form, owned and/or
used by Ahlanvoip for the promotion of its company, its products
and activities.
1.9
Ahlanvoip Software: the software distributed by Ahlanvoip for
internet telephony applications, including without limitation the
API, UI and Documentation, as well as any future programming fixes,
updates and upgrades thereof.
1.10
Ahlanvoip Staff: the officers, directors, employees and agents of
Ahlanvoip or its Affiliates, or any other persons hired by
Ahlanvoip or its Affiliates in relation with the execution of this
Agreement.
1.11
Ahlanvoip Website: any and all elements and contents of the website
available published by Ahlanvoip.
1.12
UI: the user interface of the Ahlanvoip Software.
1.13
You: you, the end user of the Ahlanvoip Software, also used in the
form "Your" where applicable.
Article 2. License
and Restrictions
2.1
License. Subject to the terms of this Agreement, Ahlanvoip hereby
grants You a limited, personal, non-commercial (at home or at
work), non-exclusive, non-sublicensable, non-assignable, free of
charge license to download, install and use the Ahlanvoip Software
on Your computer or PDA, for the sole purpose of internet telephony
applications and any other applications that may be explicitly
provided by Ahlanvoip.
2.2
No Granting of Rights to Third Parties. You will not sell, assign,
rent, lease, distribute, export, import, act as an intermediary or
provider, or otherwise grant rights to third parties with regard to
the Ahlanvoip Software.
2.3
No Modifications. You will not undertake, cause, permit or
authorize the modification, creation of derivative works,
translation, reverse engineering, decompiling, disassembling or
hacking of the Ahlanvoip Software.
2.4
Third Parties. You acknowledge and agree that the Ahlanvoip
Software may be incorporated into, and may incorporate itself,
software and other technology owned and controlled by third
parties. Ahlanvoip emphasizes that it will only incorporate such
third party software or technology for the purpose of (a) adding
new or additional functionality or (b) improving the technical
performance of the Ahlanvoip Software. Any such third party
software or technology that is incorporated in the Ahlanvoip
Software falls under the scope of this Agreement. Any and all other
third party software or technology that may be distributed together
with the Ahlanvoip Software will be subject to you explicitly
accepting a license agreement with that third party. You
acknowledge and agree that you will not enter into a contractual
relationship with Ahlanvoip or its Affiliates regarding such third
party software or technology and you will look solely to the
applicable third party and not to Ahlanvoip or its Affiliates to
enforce any of your rights.
2.5
New Versions of the Ahlanvoip Software. Ahlanvoip, in its sole
discretion, reserves the right to add additional features or
functions, or to provide programming fixes, updates and upgrades,
to the Ahlanvoip Software. You acknowledge and agree that Ahlanvoip
has no obligation to make available to You any subsequent versions
of the Ahlanvoip Software. You also agree that you may have to
enter into a renewed version of this Agreement, in the event you
want to download, install or use a new version of the Ahlanvoip
Software. Furthermore, you acknowledge and agree that Ahlanvoip, in
its sole discretion, may modify or discontinue or suspend Your
ability to use any version of the Ahlanvoip Software, or terminate
any license hereunder, at any time. Ahlanvoip also may suspend or
terminate any license hereunder and disable any Ahlanvoip Software
You may already have accessed or installed without prior notice at
any time.
2.6
Paid Services. This Agreement applies to downloading, installing
and using the Ahlanvoip Software, free of charge. The use of any
paid services which may be offered by Ahlanvoip or its Affiliates,
is subject to the additional Terms of Service that are published on
the Ahlanvoip Website.
Article 3. Exceptions
to License Restrictions
3.1
Redistribution. You are not allowed to redistribute the Ahlanvoip
Software, unless You have agreed to and meet with the Distribution
Terms that are published on the Ahlanvoip Website.
3.2
API. You are not allowed to use or modify the API, unless You agree
to and meet with the following subsequent terms: 3.2.1 You may only
make use of and/or modify the API to distribute the Ahlanvoip
Software (a) for any legitimate purposes and (b) provided that You
will not remove, overtake, hide or otherwise make the UI
inaccessible for end users. 3.2.2 You will constantly monitor the
Ahlanvoip Website in order to ensure that You are distributing the
latest stable version of the Ahlanvoip Software as well as that You
are aware of any changes in the applicable legal documents. In the
event You cannot agree on any changes in any applicable legal
document, You will immediately cease any and all use of the API
and, where applicable, any and all use of the Ahlanvoip Software.
3.2.1 You acknowledge and agree that Your use and/or modification
of the API will be at Your own risk and account.
3.3
You acknowledge and agree that any IP Rights arising directly from
the API are the exclusive ownership of Ahlanvoip or its licensors
without any compensation to You. Insofar as necessary, this
Agreement serves as a deed of assignment of all of Your right,
title and interest in and to such API modifications to Ahlanvoip,
notwithstanding Your obligation to cooperate with Ahlanvoip in
order finalize any other deed upon Ahlanvoip's first request. You
hereby irrevocably waive to the extent permitted by law any moral
rights relating to YourAPI modifications. You furthermore represent
and warrant that (a) You are authorized to assign Your rights as
stated above and (b) Your API modifications are correct and
accurate and (c) the API modifications do not infringe upon any
third parties' rights, including but not limited to intellectual
property rights.
3.4
Any other Exceptions. If You are interested in doing anything else
than permitted under this Agreement or by the Distribution Terms,
the API Terms or the Ahlanvoip Promotional Materials Terms, You
will have to obtain Ahlanvoip's written consent and agree on any
further (commercial) terms.
Article 4. Permission
to Utilize
4.1
Permission to utilize Your computer. In order to receive the
benefits provided by the Ahlanvoip Software, you hereby grant
permission for the Ahlanvoip Software to utilize the processor and
bandwidth of Your computer for the limited purpose of facilitating
the communication between You and other Ahlanvoip Software
users.
4.2
Protection of Your computer (resources). You understand that the
Ahlanvoip Software will use its commercially reasonable efforts to
protect the privacy and integrity of Your computer resources and
Your communication, however, You acknowledge and agree that
Ahlanvoip cannot give any warranties in this respect.
Article 5.
Confidentiality and Privacy
5.1
Ahlanvoip's Confidential Information. You agree to take all
reasonable steps at all times to protect and maintain any
confidential information regarding Ahlanvoip, its Affiliates, the
Ahlanvoip Staff, the Ahlanvoip Software and the IP Rights, strictly
confidential.
5.2
Your Confidential Information and Your Privacy. Ahlanvoip is
committed to respecting Your privacy and the confidentiality of
Your personal data. The Privacy Policy that is published on the
Ahlanvoip Website applies to the use of Your personal data, the
traffic data as well as the content contained in Your
communication(s).
Article 6. IP Rights
and Translations
6.1
Exclusive Ownership. You acknowledge and agree that any and all IP
Rights are and shall remain the exclusive property of Ahlanvoip and
its licensors. Nothing in this Agreement intends to transfer any IP
Rights to, or to vest any IP Rights in, You. You are only entitled
to the limited use of the IP Rights granted to You in this
Agreement. You will not take any action to jeopardize, limit or
interfere with the IP Rights. You acknowledge and agree that any
unauthorized use of the IP Rights is a violation of this Agreement
as well as a violation of intellectual property laws, including
without limitation copyright laws and trademark laws.
6.2
No Removal of Notices. You agree that You will not remove, obscure,
make illegible or alter any notices or indications of the IP Rights
and/or Ahlanvoip's rights and ownership thereof.
6.3
Translations. You acknowledge and agree that the intellectual
property rights regarding any translations made by You of any
information on or accessible through the Ahlanvoip Website or as
otherwise requested of You by Ahlanvoip at any time prior to or
subsequent of the Effective Date will be and remain the sole and
exclusive property of Ahlanvoip without any compensation to You.
Insofar as necessary, this Agreement serves as a deed of assignment
of all of Your right, title and interest in and to such
translations to Ahlanvoip, notwithstanding Your obligation to
cooperate with Ahlanvoip in order finalize any other deed upon
Ahlanvoip's first request. You hereby irrevocably waive to the
extent permitted by law any moral rights relating to Your
translations. You furthermore represent and warrant that (a) You
are authorized to assign Your rights as stated above and (b) Your
translations are correct and accurate and (c) the translations do
not infringe upon any third parties' rights, including but not
limited to intellectual property rights.
6.4
Use of Ahlanvoip Promotional Materials. You are not allowed to use
the Ahlanvoip Promotional Materials, unless You have agreed on and
meet with the Ahlanvoip Promotional Materials Terms as published on
the Ahlanvoip Website.
Article 7.
Communication and Your Use of the Ahlanvoip
Software
7.1
Communication. Installing Ahlanvoip Software enables You to
communicate with other Ahlanvoip Software users.
7.2
No Warranties. Ahlanvoip cannot guarantee that You will always be
able to communicate with other Ahlanvoip Software users, nor can
Ahlanvoip guarantee that You can communicate without disruptions,
delays or other communication-related flaws. Ahlanvoip will not be
liable for any such disruptions, delays or other omissions in any
communication experienced when using Ahlanvoip
Software.
7.3
No Control. You acknowledge and understand that Ahlanvoip does not
control, or have any knowledge of, the content of any
communication(s) spread by the use of the Ahlanvoip Software. The
content of the communication is entirely the responsibility of the
person from whom such content originated. You, therefore, may be
exposed to content that is offensive, indecent or otherwise
objectionable. Ahlanvoip will not be liable for any type of
communication spread by means of the Ahlanvoip
Software.
7.4
No Emergency Services. You expressly agree and understand that the
Ahlanvoip Software 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. Ahlanvoip, its
Affiliates or Ahlanvoip Staff are in no way liable for such
emergency calls.
7.5
Lawful purposes. You acknowledge and agree to use the Ahlanvoip
Software solely for lawful purposes. In this respect 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 Ahlanvoip Software or the communication, or (c)
send any unsolicited commercial communication not permitted by
applicable law.
Article 8. Term and
(Consequences of) Termination
8.1
Term. This Agreement will be effective as of the Effective Date and
will remain effective until terminated by either Ahlanvoip or You
as set forth below.
8.2
Termination by Ahlanvoip. Ahlanvoip may terminate this Agreement at
any time, with or without cause, by providing notice to You and/or
by preventing Your access to the Ahlanvoip Software, as set forth
in Article 2.5 above.
8.3
Termination by You. You may terminate this Agreement at any time,
with or without cause, provided that You will meet with the
conditions as set forth in Article 8.4 below.
8.4
Consequences of Termination. Upon termination of this Agreement,
You (a) acknowledge and agree that all licenses and rights to use
the Ahlanvoip Software shall terminate, and (b) will cease any and
all use of the Ahlanvoip Software, and (c) will remove the
Ahlanvoip Software from all hard drives, networks and other storage
media and destroy all copies of the Ahlanvoip Software in Your
possession or under Your control.
Article 9. Your
Representations and Warranties; Indemnification of
Ahlanvoip
9.1
Representations. You represent and warrant that You are authorized
to enter into this Agreement and comply with its terms.
Furthermore, You represent and warrant that You will at any and all
times meet with Your obligations hereunder, as well as any and all
laws, regulations and policies that may apply to the use of the
Ahlanvoip Software.
9.2
Indemnification. You agree to indemnify, defend and hold Ahlanvoip,
its Affiliates and the Ahlanvoip Staff harmless from and against
any and all liability and costs, including reasonable attorneys'
fees incurred by said parties, in connection with or arising out of
Your (a) violation or breach of any term of this Agreement or any
applicable law, regulation, policy or guideline, whether or not
referenced herein, or (b) violation of any rights of any third
party, or (c) use or misuse of the Ahlanvoip Software, or (d) use
and/or modification of the API or (e) communication spread by means
of the Ahlanvoip Software.
Article 10 Disclaimer
of Warranties
10.1
No warranties. THE AHLANVOIP SOFTWARE IS PROVIDED AS IS, WITH NO
WARRANTIES WHATSOEVER; AHLANVOIP DOES NOT, EITHER EXPRESSED,
IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR
REPRESENTATIONS WITH RESPECT TO THE AHLANVOIP SOFTWARE, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A
PARTICULAR PURPOSE. AHLANVOIP FURTHER DOES NOT REPRESENT OR WARRANT
THAT THE AHLANVOIP SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE
OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AHLANVOIP WARRANT ANY
CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF
CALLS MADE THROUGH THE AHLANVOIP SOFTWARE.
10.2
Your own Risk. You acknowledge and agree that the entire risk
arising out of the use or performance of the Ahlanvoip Software
remains with You, to the maximum extent permitted by
law.
10.3
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.
Article 11.
Limitation of Liability
11.1
No Liability. The Ahlanvoip Software is being provided to You free
of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT AHLANVOIP,
ITS AFFILIATES AND THE AHLANVOIP STAFF WILL HAVE NO LIABILITY IN
CONNECTION WITH OR ARISING FROM YOUR USE OF THE AHLANVOIP SOFTWARE,
AS SET FORTH BELOW.
11.2
Limitation of Liability. IN NO EVENT SHALL AHLANVOIP, ITS
AFFILIATES OR THE AHLANVOIP STAFF BE LIABLE, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY
OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF
DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT
OF THE USE OR INABILITY TO USE THE AHLANVOIP SOFTWARE, EVEN IF
AHLANVOIP, ITS AFFILIATES OR THE AHLANVOIP STAFF HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
11.3
Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR
DISSATISFACTION WITH THE AHLANVOIP SOFTWARE IS TO DEINSTALL AND
CEASE USE OF SUCH AHLANVOIP SOFTWARE.
11.4
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.
Article 12. General
Provisions
12.1
New versions of the Agreement. Ahlanvoip reserves the right to
modify this Agreement at any time by providing such revised
Agreement to You or by publishing the revised Agreement on the
Ahlanvoip Website. Your continued use of the Ahlanvoip Software
shall constitute Your acceptance to be bound by the terms and
conditions of the revised Agreement.
12.2
Entire Agreement. The terms and conditions of this Agreement
constitute the entire agreement between You and Ahlanvoip with
respect to the subject matter hereof and will supersede and replace
all prior understandings and agreements, in whatever form,
regarding the subject matter.
12.3
Partial Invalidity. Should any term or provision hereof be deemed
invalid, void or enforceable either in its entirety or in a
particular application, the remainder of this Agreement shall
nonetheless remain in full force and effect.
12.4
No waiver. The failure of Ahlanvoip at any time or times to require
performance of any provisions hereof shall in no manner affect its
right at a later time to enforce the same unless the same is
explicitly waived in writing and signed by Ahlanvoip.
12.5
No Assignment by You. You are not allowed to assign this Agreement
or any rights hereunder.
12.6
Assignment by Ahlanvoip. Ahlanvoip is allowed to at its sole
discretion assign this Agreement or any rights hereunder to any
Affiliate, without giving prior notice.
12.7
Applicable Law. This Agreement shall be governed by and construed
in accordance with the laws of Luxembourg without giving effect to
the conflict of laws or provisions of Luxembourg or Your actual
state or country of residence.
12.8
Competent Court. Any legal proceedings arising out of or relating
to this Agreement will be subject to the exclusive jurisdiction of
any court of Luxembourg sitting in Luxembourg.
YOU
EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH
HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO
INSTALL THE AHLANVOIP SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND
BY ITS TERMS AND CONSITIONS AND GRANT TO AHLANVOIP THE RIGHTS SET
FORTH HEREIN.
Article 13. Payments
/ Credit
13.1.
Credit, purchased using any payment method, is valid for an
indefinite period of time. There is no limit to the maximum amount
of credit per user account.
13.2.
Unused credit, purchased by Credit Card, can be refunded within 90
days after purchase date by submitting a request at the customer
service of the respective Ahlanvoip label.
13.3 Rates
are charged in EURO cents per 30 seconds and calls are rounded up
to 30 seconds. All rights reserved. Rates may subjected to change
without notice.
Last
revised: January 2011.
Dellmont Commercial
Register of the Local Court: Luxembourg. Registered under number: B
143921. VAT registration number: LU2301570.