IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
You are allowed to create the two following types of user’s accounts for accessing and using the Services (the “Account(s))”:
- “User Account” means the standard Account of an employee, consultant, contractor or any person who is authorized by You to use the Services via Your Account, without any specific administration or management rights attached thereto (the “User(s)”).
- “Administrator Account” means the Account granted to the person(s) of Your organisation vested with specific rights regarding the Services, who is (are) responsible for the administration and management of Your Accounts and has (have) access to specific functionalities attached thereto (the “Administrator(s)”)
You must ensure that Users and Administrators comply with specific obligations, which are set forth in the sections below.
1. Description of the Services
As part of the Services, Aircall provides users the ability to make, receive and forward voice calls using a phone number provided by Aircall (the “Aircall Phone Number(s)”).
Aircall is not a “dial-tone” provider and its Services are not a replacement for any phone lines, whether wired, wireless or Internet based. This said, the Services will allow You to place outgoing and receive inbound calls but selected numbers and services may not be reachable through the Services and Aircall does not guarantee that all numbers available worldwide can be called from the Services. In particular, the Services do not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency or premium, surcharged or special services of any kind, which need to be performed from a local phone service provider. It is Your responsibility to inform Your Users and Administrators that it is not possible to support or carry emergency calls using the Services.
Because the Services rely on Your third-party internet service provider and local network setup for Users and Administrators, any limitations, incorrect settings, incorrect configuration or bandwidth constraints in those third-party services will also limit the manner in which You can use the Services.
2. Availability, Quality and maintenance
Aircall will use reasonable efforts to provide the Services with minimal disruptions outside of regularly scheduled maintenance times. However, Aircall does not warrant or represent that the Services will always function without disruptions, delay or other imperfections. Since the Services will be transmitted through public internet lines, the public switched telephone network and the availability and functionality of the Services are based on factors that are not under Aircall’s control such as the IP network, Your Internet service provider, local network hardware, the availability of an adequate power supply, and the use of correct equipment configuration. There may be power outages or internet service disruptions and You may experience some disruptions when using the Services e.g. packet loss, jitter and latency, delay which will interfere with the quality of Your communications.
Aircall may change technical features in the Service in order to keep pace with the latest demands and technological developments or to comply with any applicable laws and regulations. Aircall may also have to repair, improve, and/or upgrade the Services which may require Aircall to restrict, limit, suspend, interfere and/or interrupt the Services at any time in Aircall’s sole discretion. If such modifications have a material impact on the content of the Services, You will be informed. Access to new features or functionalities may be conditioned upon Your payment of additional fees.
3. Your rights and obligations
- Modify, reverse engineer, decompile or disassemble any part, function, or feature of the Services;
- Copy, adapt, alter, modify, translate, or create derivative works of the Services;
- Permit third parties to use the Services, including but not limited to shared use via a network connection;
- Resell, rent, lease, loan, sublicense, distribute, or otherwise transfer Your rights to access and use the Services;
- Circumvent or disable any technological features or security measures implemented in the Services;
- Use any device, program, or service designed to circumvent technological measures implemented to control access to the Services, or protect the rights within a content file or other work protected by the copyright law in any applicable jurisdiction, or any attempts thereto in any way; and
- Use the Services in any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including to:
- violate any law, regulation or other published policy;
- violate or infringe a third party’s intellectual property, privacy, or other tangible or intangible rights;
- transmit any illegal content;
- sell, trade, resell or otherwise exploit for any unauthorized commercial purpose the Services;
- stalk, harass, or harm another individual;
- impersonate another, misrepresent or use a false identify;
- violate any applicable third-party policies or requirements that Aircall has communicated to You;
- engage in a fraudulent activity to the prejudice of third parties or otherwise use Your Account to bypass phone identification systems;
- engage in spamming or other unsolicited advertising, marketing or other activities in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls or voicemails; or
- send any communications, including email messages on behalf of, or purporting to originate on behalf of, Aircall;
- trunk or forward Your Aircall number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
4. Access to the Service
The Services are provided via Software as a Service (“Saas”) through the Site. Access and use of the Services require a high-speed internet connection. You are solely responsible for the proper functioning of Your hardware equipment and Internet access which allows access to the Site and Services.
To access the Services, You, the Users and Administrators must use personal data composed of a login and a password provided by Aircall / a single sign on method (the “Login Details”). Except for the Administrators’ Login Details that are provided by Aircall, the Login Details and access rights are managed by the Administrators.
You must keep Your Login Details confidential, prevent any third-party access thereto and ensure their confidentiality by, among other things, not disclosing the Login Details in any way to any third party. You guarantee that the Users and Administrators will strictly comply with this provision. Therefore, You are responsible for the use of the Login Details and will ensure that no unauthorized person can access the Services. You agree to be responsible for the security of the individual equipment used to access the Services. Aircall may delete or suspend access rights and the validity of the Login Details if Aircall is aware or has reasons to suspect that You, a User or Administrator have (has) committed a breach of the obligations described herein. . You are also responsible for notifying Aircall of any unauthorized use of Your Accounts, or Login Details.
To the extent permissible by law, You shall be liable for any expenses, including reporting costs, notice costs, recovery and remediation of data security system issues, usage charges and fines, fees, civil judgments, and reasonable attorneys’ fees, and costs resulting from Your failure to safeguard Your Login Details and information as set herein.
5. Aircall Phone Numbers
Aircall acts as an intermediary in the context of the provision of Aircall Numbers. Aircall has agreements in place with regulated providers of electronic communications which provide Aircall with phone numbers from multiple countries. The Services consist in facilitating Your obtaining Aircall Numbers in the countries of Your choice.
The provision of Aircall Numbers is subject to the numbering rules and regulatory practices applicable in the countries where You and/or the Users are located as well as in the relevant country(ies) from which the Aircall Numbers were purchased. These rules may change or be amended from time to time, and Aircall therefore reserves the right to change the terms related to the Aircall Numbers accordingly.
You may purchase and allocate Aircall Numbers to Your Account subject to compliance with the allocation requirements displayed upon subscription. In particular, You are responsible for compliance with any requirements related to the use of the Aircall Numbers purchased by You.
Upon request, Aircall may import a number belonging to You to its Site, after assessing the cost associated therewith. You may export Your Aircall number to another provider as long as You have subscribed to a Plan(as defined in section 6.1 below), i.e., as long as You are not using the Free Trial (as defined in section 6.1 below). If You wish to export Your Aircall Number to another service provider, You should require and procure that Your new service provider manages and shall be responsible for any transfers, processes, and costs associated therewith. Aircall will not charge You any extra fee for transferring Your Aircall Number away from the Services, but Your new service provider may charge You fees.
6. Pricing and Billing
6.1 Free trial
Aircall will not charge You for outbound calls totalling up to forty (40) minutes over the course of a five (5) working day free trial period (Monday to Friday 8 am to 6 pm Your local time) from the date You subscribe to the Services (the “Free Trial”). At the end of the Free Trial period and/or whenever You wish to obtain additional services (e.g. additional phone numbers, inbound toll free or outbound usage) not included in the Free Trial, You are required to sign up for a paid plan, which requires You to affirmatively select an option of Your choice on the Site (a “Plan”) and pay the associated subscription and usage fees by entering Your credit card information (the “Fees”).
6.2 Fixed Fees
When You subscribe to the Services You may select one of the available Plans. You can also select the payment term (yearly or monthly payment(s), based on the available options (the “Term”), and the applicable currency (USD or EUR). The options/ functionalities and the price per User and per month for each Plan (“the “Fixed Fees”) are set forth on the Site. Save as otherwise agreed, the pricing applicable to Your Plan shall be that which appears online at aircall.io/pricing upon subscription, and shall automatically update upon renewal.
The Fixed Fees include the subscription to the Services for a determined number of Users. However, the total price for the outbound calls is not included in the Fixed Fees. Unless otherwise agreed, the Services are invoiced one (1) month in advance (except for the Chargeable Time, as defined in section 6.4 below which is billed and invoiced as indicated in the same section). Invoices are payable within thirty (30) days of receipt, and any amounts paid up are non-refundable.
Fixed Fees are for the duration of the Plan and shall, as the case may be, be updated upon renewal in accordance with the provisions which appear in the first paragraph of this section.
Additional charges may apply for additional copies of Your bill, or for detailed information about Your usage of Services.
6.3 Prices and Payment by credit/debit card
Upon subscription to the Services, You shall provide Aircall with valid credit card information and agree to update this information from time to time. You are solely responsible for maintaining and updating the credit card or, as the case may be, the bank transfer information You provided to Aircall. Aircall shall not be liable for any expired credit/debit card, insufficient funds or other charges You incurred as a result of such attempts to charge, and/or place holds on, Your credit card and/or bank account.
Fees , will be charged directly on the credit card the details of which You provided to Aircall or alternatively via a bank transfer. By using the Services, You accept that the Fees are exclusive of VAT (where applicable), costs/disbursements, charges, or any other duties, levies, registration fees or taxes which shall be charged additionally. The invoiced amount may hence fluctuate from month to month and You agree to pay all charges due.
You authorise Aircall and/or any other company or individual acting as a Aircall’s billing agent to charge Your credit card on a recurring monthly or annual basis, depending on the Plan chosen, and to continue attempting to charge and/or place holds on Your credit card until such amounts are paid in full.
6.4 Chargeable time – Call Fees
The Fees for outbound call (the “Call Fees”) depend on where the User and his correspondent are located. Aircall may change the rates of the Call Fees at any time without notice. You may ask for the per minute usage rates currently applicable by sending a request to firstname.lastname@example.org.
User licenses and number charges are billed and charged one month in advance, and there is no proration of such charges if service is terminated on other than the last day of the billing cycle. The Client agrees to pay for all agreed Services.
Per minute usage including inbound toll-free minutes, outbound minutes, and other measured telephony usage (“Chargeable Time”) is billed in full-minute increments and actual usage is rounded up to the next full minute increment at the end of each call for billing purposes. Minute charges are billed at the end of every monthly billing.
Chargeable Time begins for outgoing calls when a connection to the number You are trying to reach is established and recorded in our system, and for incoming calls when a signal connection from the caller is recorded in our system. Chargeable Time ends after the call has ended, either by You, Your correspondent or due to a technical malfunction, but not until Your wireless telephone's signal of call disconnect is recorded in our system and the call disconnect signal has been confirmed.
Chargeable Time shall be subject to the following conditions: a) all outbound calls made via the Services will be charged an agreed price per minute (within the European Union), billed at the end of each month; b) all outbound calls You will have made with a local/toll-free phone to countries outside of the European Union will be charged at the per minute rate that you can find in your Aircall Dashboard and billed at the end of each month of the Term (as defined below) as Chargeable Time; c) all inbound calls are free, regardless of whether they come from a foreign country as long as they are on a local or geographic phone line (non-toll-free); d) all inbound calls on a toll-free phone line will be charged an agreed price per minute, billed at the end of each month; e) any internal calls or communications (including but not limited to calls, voicemail deposits and call transfers) between Users, or between a User and an Administrator, shall be free as long as they will have been undertaken through the Aircall app; f) calls forwarded to mobile phones or landlines will be charged per minute as outbound calls; g) You may add more users beyond the number originally agreed with no influence on the contract duration. These users will be charged for the remainder of the contractual duration; h) for clarity, an initial call that You receive from a third party using a local/toll-free phone line which call is subsequently forwarded or transferred shall be treated as one and the same call for the purposes of calculating Chargeable Time. A call that is subsequently transferred or forwarded shall not be treated as two or more separate calls (ie. the initial call and the forwarded/transferred call(s)) for the purposes of calculating Chargeable Time; i) for clarity, and notwithstanding anything to the contrary, no Chargeable Time will be incurred by You involving any use of the Services within the Services application including, without limitation, (a) any communications (including but not limited to calls, voicemail deposits and call transfers) between Users and/or Administrators when all such parties are utilizing the Services within the Services application and/or (b) any voice message retrievals by a User and/or Administrator when such messages are retrieved through use of the Services within the Services application).
If You select a Plan that includes a predetermined allotment of Services (for example, a predetermined amount of per minute usage or messages), unless otherwise specifically provided as a part of such Plan, any unused allotment of Services from one billing cycle will not carry over to any future billing cycle.
All outbound calls for which we receive answer supervision (i.e. connecting time) including ring time, shall incur a minimum of one (1) minute usage charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for Aircall to recognise that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers. Outbound calls that incur per minute usage charges include calls dialled from the phone dialler and also calls carried out via various transfer and forwarding features including but not limited to call forwarding, call transfer and warm transfer to external phone numbers.
Using the Services will not incur charges to Your personal voice plan (cellular or otherwise) unless You redirect calls to a mobile located in a foreign country. In such a case, Your service provider may charge its standard rates for roaming on incoming calls.
If You use the Services from a device using third-party mobile data connection (ex. 3G or 4G), incoming and outgoing calls may use a part of the data allowance of such third-party data plan. If You use a mobile data connection outside of Your home country, Your carrier may charge You roaming fees.
6.5 Late payment
In case of late payment, You agree, without any prior notice, to pay a late fee at the interest rate of one and a half percent (1.5%) of Your outstanding balance per month, or the maximum rate permitted by law, whichever is highest. In addition, Aircall shall be entitled to recover all costs, fees and expenses actually incurred for the recovery of the outstanding amounts due under the Agreement including attorneys’ fees and costs from You.
In case You fail to pay any on the due date and without prejudice to any action for damages, Aircall may suspend access to the Services, the performance of Service or terminate the Agreement, in its sole discretion. In case of early termination of the Agreement, all sums due under the Term will be accelerated and immediately due without prejudice to the right for Aircall to claim damages.
You agree to pay Your monthly Service fee if Your Service is suspended for non-payment or any other reason.
7. Personal Data
You are in charge of obtaining all legal and administrative authorizations required for Your use of Personal Data processed via the Services and owned or maintained by You. Therefore, You are responsible to ensure the compliance with the obligations imposed by the Data Privacy Regulations.
You expressly agree that You will not use the Site or the Services in a manner that would place Aircall in violation of the Data Privacy Regulations or the Telephone Consumer Protection Act (“TCPA”). You expressly agree that, as part of the Agreement, Aircall is not responsible for Personal Data created, owned or maintained by You as part of Your use of the Site or the Services. You agree to defend and indemnify Aircall and its subcontractors against any third party claim, suit or proceeding arising out of or related to contentions that Your use or misuse of the Site or the Services resulted in the unauthorized disclosure or exposure of any Personal Data, or any TCPA violation.
You hereby authorize Aircall to issue anonymous statistics based on such Personal Data in order to increase its database statistics, and to use them for all purposes and conditions as part of its activities.
8. Propretary Rights
9. Content License and Commercial Reference
You grant Aircall a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise any and all rights that You have on the content that You provide to us.
You grant Aircall permission to use and reproduce Your company name, commercial name, logo and trademarks and of the group You belong to in its customer lists, on all media and for all occasions for marketing, commercial and advertisement purposes to identify Yourself as a registered user of the Services and for advertising purposes.
THE MATERIALS AND CONTENT ON THE SITE ARE PROVIDED “AS IS”. AIRCALL WARRANTS THAT THE SERVICES COMPLY WITH THE DESCRIPTION OF THE SERVICES APPEARING ON THE SITE BUT MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, AIRCALL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO ITS SITE. IN ADDITION, AIRCALL MAY MAKE CHANGES TO THE MATERIALS CONTAINED ON ITS SITE AT ANY TIME WITHOUT NOTICE.
Since the Services depend on elements that are not under its control as mentioned in section 2, Aircall does not guarantee that any portion of the Services will be continuous or error-free. In addition, any limitations, incorrect settings, incorrect configuration or bandwidth constraints in those third-party services will also limit the manner in which You can use the Services.
You also acknowledge and understand that Aircall cannot guarantee that IP based communications are completely secure, error or virus-free.
You agree that the use of the Internet is solely at Your own risk and expense, and subject to all applicable local, state, national, and international laws and regulations. Aircall does not guarantee the confidentiality of any communication or material transmitted to/from the Services. Aircall is not responsible for the accuracy of the information contained on the Site, or for the consequences of any reliance thereon. You assume the sole and complete risk of using the Services or any material, content or information obtained from using the Services.
In addition, the Services should not be used with any third-party services or devices such as monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices.
You acknowledge that the Services include ringtones and music that are made available to You under a licence that requires that the name of its author be mentioned. Therefore, You represent and warrant that You will add, as part of the services that You offer, the information that Aircall shall provide You with, and in particular display the name of the tunes’ authors, and more generally that You will comply with the terms of this licence.
11. Liability Limitations
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL AIRCALL BE LIABLE FOR ANY LOSS OR DAMAGE OF YOU, A USE / ADMINISTRATOR OR A THIRD PARTY RESULTING DIRECTLY OR INDIRECTLY FROM A FAILURE BY YOU, A USER / ADMINISTRATOR OR A THIRD PARTY TO COMPLY WITH THIS AGREEMENT AND THE OBLIGATIONS HEREIN, ANY NON-COMPLIANT USE OF THE SITE OR THE SERVICES, ANY USE OF THE SITE AND THE SERVICES OTHER THAN IN ACCORDANCE WITH THE AGREEMENT, A NEGLIGENCE OR FAULT, OR A FORCE MAJEURE EVENT (AS DEFINED HEREIN).
AIRCALL’S, ITS AGENTS’ AND SUPPLIERS’ LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES TO THE EXCLUSION OF ANY OTHER DAMAGE OF ANY NATURE WHATSOEVER UNDER CONTRACTS OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, COVER OR PUNITIVE SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES SUCH AS LOSS OF DATA OR PROFIT, OR BUSINESS INTERRUPTION, HARM TO THE IMAGE OR REPUTATION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF AIRCALL OR AN AIRCALL AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF AIRCALL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, EXCEED FIFTY PERCENT (50%) OF THE TOTAL AMOUNTS PAID BY YOU AND RECEIVED BY AIRCALL DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM GIVING RISE TO SUCH DAMAGES OR ONE HUNDRED DOLLARS ($100.00) IF FOR A TRIAL PERIOD.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE AND SERVICE MUST BE PROVIDED IN WRITING TO AIRCALL WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION HAS ARISEN OR IT SHALL BE DEEMED WAIVED BY YOU.
The Site may include links to third party’s website, materials, or content developed by third parties. Aircall shall not be responsible for the content of any such linked site. The inclusion of any link does not imply endorsement by Aircall of such sites. Use of any such website is at Your own risk and expense. Aircall reserves the right, in its sole discretion, to discontinue links to any other sites at any time and for any reason.
13. Enforcing Security
Actual or attempted unauthorised use of any of the Site or the Services may result in criminal and/or civil proceedings. For Your protection, Aircall reserves the right to view, monitor, and record activity on the Site and use of the Services without notice or further permission from You, to the fullest extent permissible by applicable law. Any information obtained by monitoring, reviewing, or recording may be subject to review by law enforcement organisations in connection with the investigation or prosecution of possible criminal activity in relation to any of the Site or the Services.
14. Compliance with Laws & other agreements
You shall use the Services complying fully with all applicable laws and regulations, including, without limitation, those relating to privacy, telemarketing, Internet marketing, and electronic communications.
You agree not to use the Services in violation of any agreement that You have with a third-party telecommunications provider.
If necessary and in accordance with applicable law, Aircall will cooperate with authorities to protect its Site, Services, Accounts (and all materials or content relating thereto), visitors, customers, parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, stakeholders, agents and operational providers, from the unauthorised use of its Site, Services and Accounts.
16. Term & termination
Termination of Your Plan shall trigger Your obligation to pay immediately and without further notice, and in any case no later than thirty (30) days thereof, accrued charges, costs and Fees, as well as the remainder of the Term.
Upon termination or expiration of the Plan for whatever reason, You shall immediately cease to have access to, and be able to use, the Services.
17. Governing Law & severance
Any claim relating to Aircall’s Site or the Service shall be governed by the laws of the state of New York, without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the city of New York, NY and You hereby unconditionally waive Your rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to reflect the intent of this Agreement, and the remainder of this agreement shall continue in full force and effect.
18. No-Waiver clause
Our failure or delay in exercising any right herein will not operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or future exercise thereof or the exercise of any other right herein.
You may not assign, transfer, or delegate any rights or obligations under the Plan. Any purported assignment, transfer and delegation shall be ineffective.
20. Contacting Users
By using the Services, You agree that we may contact You, or Your Users and Administrators.
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