Myphoner User Terms of Service

IMPORTANT

THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS WEBSITE, WHICH IS PROVIDED BY MYPHONER.

BY ACCESSING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE AND COMMIT TOWARDS OBSERVING THEM WHILE USING THE HEREIN AVAILABLE SERVICES/ DATA/ INFORMATION.

FURTHER NOTE THAT THESE “TOS” MAY BE SUBJECT TO CHANGE BY MYPHONER AT ANY TIME AT ITS DISCRETION. IT IS YOUR OBLIGATION TO CONSULT THESE TERMS FOR ANY CHANGES BEFORE USING THIS WEBSITE, ASSESSING THE PUBLISHING DATE AT THE TOP OF THIS PAGE RIGHT AFTER THE TITLE “TERMS OF SERVICE”.

Access To This Website

YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO ACCESS THIS WEBSITE. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THIS WEBSITE, FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

IF A USER IS FOUND TO BE LESS THAN EIGHTEEN (18) YEARS OF AGE ALL THE INFORMATION THAT HAS BEEN INPUT OR CREATED OUT OF THAT ACCOUNT WILL BE ERASED AND THE ACCOUNT “PARKED” FOR FUTURE INVESTIGATION; ADDITIONALLY ANY FEES WILL NOT BE RETURNED.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website will be accurate, up to date, and complete.

End User Responsibility

You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any Myphoner policies. Myphoner assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact Myphoner at privacy@myphoner.com. Myphoner may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Myphoner be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

While Logged in and over his/ her 1st interaction with the Myphoner Service, the 1st user will be asked to “tick” an on-screen agree to box that will document the Client agreement towards these Terms of Service.

PLEASE ENSURE THAT THE 1ST USER TO LOG IN TO THE MYPHONER SERVICE IS SOMEONE WITHIN THE ORGANIZATION WHO HAS THE AUTHORITY TO ACCEPT THESE TERMS OF SERVICE ON BEHALF OF THE CORPORATE CLIENT.

Restrictions On Use

You may use this site for purposes expressly permitted by this website. You may not use this website for any other purpose, including any commercial purpose, without Myphoner’s express prior written consent. For example, you may not (and may not authorize any other party to):

• co-brand this website;
• frame this website;
• re-sell access to this website;

without the express prior written permission of an authorized representative of Myphoner.

For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this site. You agree to cooperate with Myphoner and immediately cease any unauthorized co-branding, framing or hyper-linking activities.

Subscription Terms

1. You can change your plan level at any time. The position limits and other features of the new plan that you select will be effective as soon as you make the change, and you will be charged the difference in the event the new plan requires additional payment.
2. Your subscription is charged in advance for the subscription period (for example 1 month). You can cancel your subscription with immediate effect at any time. We do not provide refunds.
3. Regarding those Clients that downgrade their plan, Myphoner will continue to apply the previous fee until the end of the invoicing cycle. Meaning, if a client has a monthly plan, the new downgraded value will only be invoiced by Myphoner on the following month; and the same logic applies to other plans, such as yearly plans.

VOIP Specific Additional Terms of Service

When you use Myphoner VOIP service component you pay for the traffic you use as per our tariffs and pricing listed on our website or provided by our staff. We reserve the right, in our sole discretion, to change these prices from time to time. Price changes will be announced to all subscribers of the Myphoner VOIP service component product directly. By enabling and using Myphoner VOIP service component, you agree that:

• You pay for the traffic you use as per our tariffs and pricing listed on our website or provided by our staff. We reserve the right, in our sole discretion, to change these prices from time to time. Price changes will be directly announced to all Myphoner VOIP service component subscribers.
• Our rates are based in Euro and converted to other currencies according to the applicable exchange rate a the date/time of payment. If your account is not billed in Euros, you may experience price variations that derive from the applicable exchange rate between the applicable currency and Euro. Price variances due to changing exchange rates will not be announced.
• We charge your payment method and add prepaid credits to your balance according to your settings. You will be able to adjust your balance settings according to your preferences from the management interface.
• SPENDING LIMITS APPLY. Contact support to lift them.
• You accept Telegenta as a subcontractor in addition to the listed subcontractors in the Data Processing Agreement (found under "Subcontractors"). Telegenta provides the telephony services behind the Voice product.
• Myphoner VOIP service component cannot be used for calling emergency services.
• Recording calls and utilising such recordings must happen in coherence with applicable legislation. It's the sole responsibility of you and your team to adhere to any such legislation for your country/region/area.

Please note that the quality of calls depends not only on our service but also on the location of agents and the quality and speed of the Internet connection of agents. If you experience problems with the quality of calls, please contact support.

As Myphoner uses premium providers we are required to be within certain metrics, you take on the responsibility to stay within those metrics that will be/are specified within Myphoner. If for whatever reason you do not, we hold the right to:

• add connect fees and additional charges as written in the pricing table, these fees will be shown within the monthly invoice.
• change routes as required to normalize VOIP service if there is a disruption to the service that is caused by your usage of Myphoner VOIP service component. This may cause an increase in fees and remove per second billing options from your account until the metrics of the account has improved to good levels. These changes may occur without prior notice.
• Myphoner will also pass on to you any additional charges, fees and penalties imposed by 3rd party providers brought on by your usage of Myphoner VOIP service component.

You are required to use Myphoner services in accordance and full compliance with all applicable laws, this may include (however, not limited to):

• Telephone solicitor registration and bonding requirements;
• Do-Not-Call (“DNC”) list prohibitions;
• Restrictions on the use of automatic telephone dialling systems and prerecorded messages;
• Mandatory disclosures;
• Opt-out rules;
• Marketing and Personal Data protection applicable legislation;

We can at any time suspend your service if you are found to:

• Violate any of our terms and conditions;
• Make use of our service for fraudulent reasons;
• Your use negatively impacts the operation of our service;
• Harvest and collect information on others such as telephone numbers and email address without their consent or having a documented lawful basis under applicable Personal Data Protection legislation;

The Myphoner service resorts to “caller IDs” (please refer to https://www.voip-info.org/callerid/), yet Telecom Operators may block them by their own decision; therefore and since the Myphoner service is a “best-effort” service (in the sense that it depends on both the availability and specific terms of 3rd party provider’ services), Myphoner will not be held responsible or accountable for any disruption that Clients may suffer out of such potential blocking of any services by 3rd party providers/ enablers.

Hyper-Links and Connectors

This site may be hyper-linked or even allow direct access to other sites/ Apps (or the opposite process) which are not maintained by, or related to Myphoner.

Hyper-links/ connections to such sites/ Apps are provided as a service to users and are not sponsored by or affiliated with Myphoner, hence Myphoner is not responsible for the content or features/ functionalities of those sites/ Apps. Furthermore, the inclusion of any hyper-link or connection to a third-party site derives from the need to enhance or facilitate functionalities that are made available by Myphoner and does not necessarily imply endorsement by Myphoner of that site/ App.

Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Your Content and Conduct

Our Service allows you and other users to post, link and otherwise make content available, including voice conversation recordings. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself. Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service. You can remove the content that you posted by deleting it.

Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. You may not post, link or otherwise make available on or through the Service any of the following:

• Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
• Content that is illegal or unlawful that would otherwise create liability;
• Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity, or other intellectual or other right of any party;
• Mass or repeated promotions, political campaigning, or commercial messages directed at users who do not follow you (SPAM);
• Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers); and
• Viruses, corrupted data or other harmful, disruptive, or destructive files or code. Also, you agree that you will not do any of the following in connection with the Service or other users: Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service; Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; Collect any personal information about other users, or intimidate, threaten, stalk, or otherwise harass other users of the Service; Create an account or post any content if you are not over 18 years of age years of age; and Circumvent or attempt to circumvent any filtering, security measures, rate limits, or other features designed to protect the Service, users of the Service, or third parties.

Although under no obligation to do so, Myphoner reserves the right to randomly monitor the use of this site to determine compliance with these Terms of Service, as well the right to remove or refuse any information that jeopardizes such compliance. Notwithstanding this, you remain solely responsible for the content of your submissions.

White Labelling

Clients also have the choice of having their own “White Label” instances, which consist of a specific dedicated and segregated instance on Myphoner.

The Client can label such instance with its brand and sell (on its own) user access to its functionalities (the same as Myphoner).

The user of a “White Labeled” instance will have access exclusively to the data/ information and functionalities on that specific segregated instance.

Those Corporate Client that decide for a “white labeled” instance will be solely responsible for both training as well as providing/ ensuring operational user support to their users.

Security

Any access credentials (including passwords) used for this site are for individual use only. You will be responsible for the security and confidentiality of your password (if any).

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Myphoner reserves the right to release your details to system administrators at other sites to assist them in resolving security incidents. Myphoner reserves the right to investigate suspected violations of these Terms of Service.

Myphoner reserves the right to (and in some jurisdictions is obliged to by Law) fully cooperate with any law enforcement authorities or court order requesting or directing Myphoner to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service.

Governing Law and Jurisdiction

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the Delaware, without regard to conflicts of law principles. Additionally, Myphoner operates in compliance with the European Union (EU) General Data Protection Regulation (the GDPR); the EU ePrivacy Directive and the California Customer Protection Act (the CCPA) to ensure that Personal Data is processed securely while ensuring the Privacy of those individuals (Data Subjects) to whom Personal Data under Processing by Myphoner pertains to.

Myphoner allows features and functionalities to be used at user discretion which includes the definition and potentially information (to other users) of “purpose” and “scope” by those users over Personal Data Processing activities and as per the Lawful Bases documented by those same users.

OUR DATA PROCESSING AGREEMENT AND THESE TERMS OF SERVICE ARE AUTOMATICALLY DEEMED AS ACCEPTED BY YOU ONCE YOU START USING THE SERVICE.

Be aware, therefore, that by becoming a user of Myphoner Services, both you as well as Myphoner act as Independent Controllers as defined under the GDPR AND NOT as joint Controllers as defined under the GDPR Article 26.

This derives from the fact that the purposes of Processing Personal Data are not defined by both you (as a user) and Myphoner as the SaaS platform enabler merely enables the means, yet solely by you as the user of this online tool.

You are hereby informed that exclusive jurisdiction for any dispute with the Service or relating to your use of it resides in the courts of Denmark, and you may be personally subject to the exercise of personal jurisdiction in the courts of the Denmark in connection with any such dispute including any claim involving Service.

In terms of Personal Data Protection Legislation, any claim or leal dispute will occur respectively within the EU via the EDPB (European Data Protection Board) with regards to resident natural person in the EU/ EEA; via the California District Attorneys Office with regards to natural persons who reside in the state of California U.S.; via the Brazilian Senate Supervisory Authority towards natural persons who reside in Brazil.

Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Myphoner and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Myphoner.

Myphoner Materials

We put a lot of effort into creating the Service, including the logo and all designs, text, graphics, pictures, information, and other content (excluding your content). This property is owned by us or our licensors and it is protected by European Union and international copyright laws. We grant you the right to use it. However, unless we expressly state otherwise, your rights do not include:

1. publicly performing or publicly displaying the Service;
2. modifying or otherwise making any derivative uses of the Service or any portion thereof;
3. using any data mining, robots, or similar data gathering or extraction methods;
4. downloading (other than page caching) any portion of the Service or any information contained therein;
5. reverse engineering or accessing the Service in order to build a competitive product or service; or
6. using the Service other than for its intended purposes. If you violate any of these Terms, we may terminate your use of the Service.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to privacy@myphoner.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

Notice and Procedure for Copyright Infringement Claims

You may submit a “Copyright Infringement” notification with the following detail):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at privacy@myphoner.com

Error Reporting and Feedback

You may provide us either directly at privacy@myphoner.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

1. you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
2. Company may have development ideas similar to the Feedback;
3. Feedback does not contain confidential information or proprietary information from you or any third party; and
4. Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Service Availability

If a major incident occurs which produces full service disruption (having Myphoner app going offline) or if some functionalities are not available, a static page will be displayed with Myphoner’s logo and a link to the “status page” where you will be able to get specific additional information on the operational status of several service components (e.g. email delivery; web host; payment processing; other…).

Myphoner will do its best effort to restore the affected services within the shortest period of time, but it does neither commit to a specific reposition period nor does it accept any pecuniary compensation (indemnity) nor responsibility.

Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Questions & Contact Information

Questions or comments about the Service may be directed to us at the email address privacy@myphoner.com.