This Agreement (the “Agreement”) is by and between you (a legal entity or an individual using the Services) (“You” or “Your”) and Aircall.io., Inc., a Delaware corporation, located at 33 W 17th St, New York, NY 10011 (“Aircall” or “We”), that governs Your right to access and use the Aircall.io website (the “Site”) and related services, (collectively, the “Service”).
By clicking on the “Accept” button when You subscribe to the Services, or otherwise using the Service, You acknowledge that You have read and agreed to the terms of this Agreement. Please note that You can print and/or download this Agreement when You subscribe to the Service (via a link) and at any time on the Site.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
Aircall may amend this Agreement from time-to-time and will inform You by email or via a pop-up on the Site of any material change to the terms and conditions. If you do not agree with the new version of the Agreement You should stop using the Services as any use of the Service following such notice constitutes Your acceptance of the new Agreement. All amended terms automatically become effective on the sooner of: a) the day You use the Service; or b) ten (10) days after the new Agreement is posted on the Site.
Your use of the Site following any modification to this Agreement constitutes Your acceptance of the new Agreement. You agree that notice of modifications on the Site and/or via email is adequate notice.
You warrant and represent that you are at least eighteen (18) years of age and that You have the legal right and capacity to enter into this Agreement and use the Service.
You are allowed to create the two following types of user accounts for accessing and using the Service:
You must ensure that “Users” and “Administrators” comply with specific obligations, which are set forth in the Sections below.
As part of the Service, Aircall provides users the ability to make, receive and forward voice calls using a phone number provided by Aircall (the “Aircall Phone Number”).
The Service is not a “dial-tone” provider and is not a replacement for any phone lines, whether wired, wireless or Internet based.
However, selected numbers and services, such as emergency calls, premium phone numbers and short ones (this list is not limitative) may not be reachable through the Service and Aircall does not guarantee that all numbers available worldwide can be called from the Service with the Aircall Phone Number. In particular, the Service does not allow You to call any emergency services such as 911, hospitals, law enforcement agencies, medical care units or any type of emergency services of any kind, which need to be called directly from Your local phone service provider. It is Your responsibility to inform Your Users and Administrators that it is not possible to call emergency services via the Service.
Because the Aircall Service relies 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 services will also limit the manner in which You can use the Aircall Service as well as whether You are able to use the Aircall Service.
Aircall will use reasonable efforts to provide the Service with minimal disruptions outside of regularly scheduled maintenance times. However, Aircall does not warrant or represent that the Service will always function without disruptions, delay or other imperfections. Since the Service will be transmitted through public internet lines, the public switched telephone network and the availability and functionality of the Service is 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 disruption and You may experience some disruptions when using the Service e.g. packet loss, jitter and latency, delay which will interfere with the quality of Your communications.
Aircall may change technical and functional features in the Service in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws as defined below. Aircall may also have to repair, improve, and/or upgrade the Service which may require Aircall to restrict, limit, suspend, interfere and/or interrupt the Service at any time in Aircall’s sole discretion. If such modifications have a material impact on the content of the Service, You will be informed. Access to new features or functionalities may be conditioned upon Your payment of additional fees.
Aircall grants You a limited, personal, non-exclusive, non-transferable right to access and use the Service subject to the terms and conditions of this Agreement. You hereby agree that You will not:
Any such use or attempt of use of the obligations set forth in this Section 3 shall cause the immediate termination of this Agreement and Your right to access and use the Service pursuant to section “Term & Termination”. You agree to hold Aircall harmless in case of noncompliance with the foregoing obligations.
The Services are provided via Software as a Service (“SaaS”) through the Site. Access and use of the Service requires 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 Service.
To access the Service, You, the Users and Administrators must use personally identifiable information (“PII”) composed of a login and a password provided by Aircall / using a single sign on method (the 'Login Details'). Except for the Administrators’ Login Details that are provided by Aircall, the Login Details and the access rights are managed by the Administrators.
You must keep Your Login Details confidential, prevent third-parties access and ensure their confidentiality by, among other things, not disclosing the Login Details in any manner whatsoever. 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 Service. You agree to be responsible for the security of the individual equipment used to accessing the Service. Aircall may delete or suspend access rights and the validity of the Login Details if Aircall is aware or has reasons to believe a breach of the obligation described herein or any other obligation relating to security by You, a User or Administrator. You are also responsible for notifying Aircall of any unauthorized use of Your account, or breach of Your Login Details in the most expedient time possible without unreasonable delay.
To the extent allowable by law, You shall be liable for any expenses, including reporting costs, notice costs, recovery and remediation of data security systems, 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 and/or promptly notifying Aircall about any unauthorized use of Your account or breach of Your account information or Login Details.
You, the Users and Administrators agree to be responsible for any use of the Service whether the access is through a computer or mobile device with the Login Details. You agree not to access, copy, or otherwise use the Services unless such use is authorized by this Agreement or otherwise authorized in writing. You agree that any information You provide to Aircall is true, complete, and accurate.
You and Your Administrators may appoint additional Administrators of Your Aircall account pursuant to a possible fee increase / additional license, and each Administrator shall be required to read and adhere to this Agreement. You warrant that all Administrators shall read, understand, agree to and comply with this Agreement and You shall be exclusively liable for any breach of the Agreement by such Administrator(s) and/or any User.
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 numbers from multiple countries. Aircall’s service consists in facilitating You obtaining numbers in the countries of Your choice.
Provision of Aircall Numbers is subject to numbering rules and regulatory practices applicable in the countries where You and/or the Users are located as well as the country of the national numbering plan from which the Aircall Numbers purchased by You are part of. These rules may change or be amended from time to time. Aircall reserves the right to change the terms related to Aircall Numbers accordingly, including without limitation to impose or amend local residency requirements and/or to require the provision of further user information for continued access to defined Aircall Numbers.
You may purchase and allocate Aircall Numbers to your Account subject to compliance with the allocation requirements displayed upon subscription to the Aircall Numbers. In particular, You are responsible for compliance with any requirements related to the use of Aircall Numbers purchased by You.
Aircall reserves the right to cancel the subscribed Aircall Numbers in case of breach by You, Your Administrators or Users of the Agreement, including the applicable allocation requirements, without compensation and without limiting its rights to claim damages.
Upon request, Aircall may import a number belonging to You to its Site, after assessing the cost. You may import Your Aircall number to another provider as long as You have subscribed to a Plan, as defined below (i.e. You are not using the free trial). If You wish to export Your Aircall Number to another service provider, You must require that Your new service provider manages and shall be responsible for any transfers, processes and costs. Aircall will not charge You any extra fee for transferring Your Aircall Number away from the Service, but Your new service provider may charge You fees.
Aircall will not charge You for outbound call up to forty (40) minutes in total during a five (5) working day free trial period (Monday to Friday 8 am to 6 pm) from the date You subscribe to the Service. At the end of this 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 (a “Plan”), which requires You to affirmatively select a Plan and pay this subscription by entering Your credit card information.
When You subscribe to the Services You may select one of the available Plans. You can also select the payment term (yearly, monthly or quarterly payment(s), based on the options available) and the currency. The options/ functionalities and the price per User and per month for each Plan (“the “Fixed Fees”) are set forth on the Site.
The Fixed Fees include the subscription to the Service for a fixed 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 below, which is billed and invoiced at beginning of the month for the previous month). Invoices are to be paid to Aircall upon Your receipt of the invoice and shall be deemed late after thirty (30) days of Your receipt of the invoice. All amounts paid to Aircall are non-refundable.
You agree that Aircall may charge and/or suspend the installment on Your credit card with respect to any unpaid charges related to the Services. You agree that Your acceptance of this Agreement results in an authorization to the issuer of the credit/debit card to pay all such amounts.
Fixed Fees are fixed for the duration of the Plan. After the duration of the Plan, such Fixed Fees for the same perimeter may be modified and they will apply from the first day following the initial duration of the Plan.
Additional charges may apply for additional copies of Your bill, or for detailed information about Your usage of Services.
When You subscribe to the Service, You will provide Aircall with valid credit card information and agrees to update this information from time to time. You are solely responsible for maintaining and updating the credit card information and the bank transfer. Aircall shall not be liable for any expired credit/debit card, non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on, Your credit card.
Fees, as defined below, will be charged directly on the credit card You provide to Aircall or via bank transfer. By using the Service, You accept that the Fees are exclusive of any costs/disbursements, charges, taxation or any other duties, levies, registration fees or taxes which will be charged additionally. The invoiced amount may hence fluctuate from month to month and You agree to pay all charges due.
You authorize Aircall and/or any other company acting as billing agent for Aircall to charge Your credit card on a recurring monthly or annual basis, depending on the Plan chosen, on the monthly, quarterly or annual anniversary of Your initial subscription and to continue to attempt to charge and/or place holds with respect to all Fees described herein, or any portion thereof, to Your credit card until such amounts are paid in full.
The fees for outbound call (the “Call Fees”) depend on where the User and the other person receiving the call / calling is located. The Fixed Fees and the Call Fees are together herein referred as the “Fees”. Aircall may change the rates of the Call Fees at any time without notice. You may ask for the current price-per-minute rates in effect by sending a request to firstname.lastname@example.org.
Per minute usage including inbound toll-free calls, outbound calls 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. If pay per minute billing applies within your Plan, Aircall shall charge a full minute of usage for every fraction of the last minute of usage used on each call.
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 established with our facilities. Chargeable Time ends after the call has ended, either by You, the person You are speaking with or due to a technical malfunction, but not until Your wireless telephone's signal of call disconnect is received by us and the call disconnect signal has been confirmed.
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 other billing cycle. We may bill You in a format as we determine from time to time.
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 recognize 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 dialed from the phone dialer and also calls created via various transfer and forwarding features including but not limited to call forwarding, call transfer and warm transfer to external phone numbers.
Using the Service 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 that case, Your service provider may charge its standard rates for roaming on incoming calls.
If You use the Service from a device using mobile data connection (ex. 3G or 4G), incoming and outgoing calls will use a part of the data allowance of Your personal data Plan. If You use a mobile data connection outside of Your home country, Your carrier may charge You roaming fees.
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 nonpayment or any other reason.
Aircall may offer currently or in the future Plans on an “unlimited” use and/or “unlimited minutes” basis.
In any case, all Plans:
As part of any unlimited Plan, Aircall sets no limit to the number of calls received through the Service.
Aircall reserves the right with or without prior notice to disconnect or suspend your Service and terminate the Agreement if Aircall determines that your use of the Service violates any provision of the Agreement, including the Fair Use Policy above.
You are in charge of obtaining all legal and administrative authorizations required for Your use of Personal Data processed via the Service 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 Service 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 Service. 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 authorize Aircall to use the Personal Data to issue anonymous statistics in order to increase its database statistics and to use them for all purposes and conditions as part of its activities.
All rights, title and interest in the Site and Service as well as any content contained herein is the exclusive property of Aircall. Except as otherwise stated, Aircall has all rights in and to the Service, Site and such relating content. Unless otherwise specified, this Service is for Your personal and limited commercial use only and You may print, copy and download any information or portion of the Site for Your personal use only. If You copy or download any information or software from this Site, You agree that You will not remove or obscure any copyright or other notices or legends contained in any such information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without Aircall’s prior written approval. All trademarks, trade names, service marks and logos are proprietary to Aircall. Your use of any marks on the Site in any manner other than as authorized in this Agreement, or as authorized in writing by Aircall, is strictly prohibited.
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 Service and for advertising purposes. However, any other publication (ex.: case study…) shall be agreed by You prior to its release.
THE MATERIALS AND CONTENT ON THE SITE ARE PROVIDED “AS IS”. AIRCALL WARRANTS THAT THE SERVICE MATERIALLY COMPLIES WITH ITS DOCUMENTATION / SERVICE DESCRIPTION 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, FITNESS FOR A PARTICULAR PURPOSE. FURTHER, 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 THIS SITE. IN ADDITION, AIRCALL MAY MAKE CHANGES TO THE MATERIALS CONTAINED ON ITS SITE AT ANY TIME WITHOUT NOTICE.
Since the Service is dependent on elements that are not under its control as mentioned in Section 2, Aircall does not guarantee that any portion of the Service will be continuous or error-free. In addition, any limitations, incorrect settings, incorrect configuration or bandwidth constraints in those services will also limit the manner in which You can use the Aircall Service.
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 the Internet is solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. The confidentiality of any communication or material transmitted to/from the Service as it is based on the Internet and is not guaranteed by Aircall. Aircall is not responsible for the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume the sole and complete risk of using the Service. Any material / content downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk.
In addition, the Service 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 Service includes ringtones and music that are made available to you under a license that requires to mention the name of its author. Therefore, You represent and warrant that You will add, as part of the services that you offer, the information that Aircall provides You and in particular the name of the music’s author and more generally that You will comply with the terms of this license.
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 Use / 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 or 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 will 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 arises 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. Aircall reserves the right, in its sole discretion, to discontinue links to any other sites at any time and for any reason.
Aircall reserves the right to view, monitor, and record activity on the Site and use of the Service without notice or further permission from You, to the fullest extent permitted by applicable law. This right extends to our review of message content and details pertaining to claimed violations of our Spam Policy. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site or the Service.
You will use the Aircall Service in full compliance with all applicable laws and regulations with regard to Your use of the Service including, without limitation, laws and regulations concerning privacy, telemarketing, Internet marketing, and the transmission of electronic communications.
You agree not to use the Service 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, Materials, Content, Services, Accounts, visitors, customers, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of its Site, Services and Accounts.
You agree to indemnify and hold Aircall, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any breach of this Agreement by You, Your violation of any law, or the rights of a third-party. You agree to pay all costs and damages awarded against Aircall by any court of competent jurisdiction as a result of any such claim.
Unless otherwise agreed, the Agreement comes into force upon Your subscription to the Service for the period of months selected when You subscribe to the Service, unless anticipated termination.
At the end of the Plan’s term, the Agreement will be automatically renewed for a period similar to the initial term of the Plan, unless either party notifies termination by registered letter with acknowledgement of receipt / via Your Account at least one (1) month before the end of the then-current actual period.
Aircall may terminate this Agreement, if You commit a breach of any of Your obligations that has not been remedied within thirty (30) days of receiving such written notice making an express reference to this provision. Either party may terminate this Agreement upon notice to the other party if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Aircall may terminate the Agreement and Your right to use the Service at any time, including when We believe that You are taking advantage of unlimited call redirection offered under a paid Plan or do not comply with Section 3. “Taking advantage of”, includes, but is not limited to the breach of any point of Aircall’s Fair Use Policy set forth above.
In any case, termination of this Agreement becomes effective at the end of the ongoing billing cycle.
Upon termination or expiration of the Agreement for any reason whatsoever, You will immediately cease to access to and use the Services and the Services will not be accessible to the Users and Administrators.
Your obligation to pay accrued charges, costs and Fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on Your use of the Service as set forth in the Section Pricing & Billing shall survive such termination, and You agree to be bound by this Agreement.
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.
Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, will in no way waive Your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.
You may not assign, transfer, or delegate any rights or obligations under the Agreement. Any purported assignment, transfer and delegation shall be ineffective.
You agree that Aircall may freely transfer, assign or delegate all rights and obligations under the Agreement to a third party, fully or partially without prior notice to You. We may also transfer, by way of unilateral novation, effective upon notice to You, Aircall.io., Inc. to any third party that assumes our rights and obligations under this Agreement.
Any delay or failure of Aircall to perform any of its obligations shall be excused to the extent that the delay or failure was caused by an event beyond Aircall’s control, without Aircall’s fault or negligence. Such events shall include but are not limited to, natural disasters, embargoes, riots, strikes, acts of God, and acts of war or terrorism. If either access to or the performance of the Services is prevented or delayed for a continuous period of two (2) months, either Aircall or Customer may terminate the Services or the subscription immediately upon written notice to the other party.