This Agreement (the “Agreement”) is a legal agreement between You (an entity or person) (“You”) and Aircall.io, Inc., a Delaware corporation (“Aircall”), that governs Your limited, non-exclusive, terminable right to use the Aircall.io website and related services (“Site”), the servers the Site is stored on, the computer files stored on that server (collectively, the “Service”).
By clicking on the “Accept” button, or otherwise using the Service, You agree to be bound by the terms of this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK ACCEPT AND CANNOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Aircall may amend this Agreement from time-to-time. All amended terms automatically take effect on the sooner of a) the day You use the Service or b) 10 days after they are initially posted on the Site.
Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice.
You warrant that you are at least 18 years of age or the applicable state age of majority and that you possess the legal right and ability to enter into this Agreement.
You are allowed to invite two types of user accounts to Your Aircall Service
“Users” and “Administrators” must comply with specific obligations, which are set forth specifically when necessary in the Sections below
Aircall provides users the ability to make, receive and forward voice calls using a phone number provided by Aircall (the “Aircall Phone Number”).
Aircall is not a “dial-tone” provider and is not a replacement for any phone lines, whether wired, wireless or Internet based. The Aircall Service allows You to place outgoing and receive inbound calls but selected numbers and services may not be reachable through the Aircall Service and Aircall does not guarantee that all numbers available worldwide can be called from the Aircall Service. In particular, the Aircall Service does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind, which need to be performed from Your local phone service provider. It is Your responsibility to inform Your Users that it is not possible to support or carry emergency calls using the Aircall Service.
PLEASE NOTE THAT AIRCALL DOES NOT SUPPORT ANY EMERGENCY CALLS. THESE CALLS SHOULD BE PERFORMED FROM YOUR LOCAL PHONE SERVICE PROVIDER (FIXED OR MOBILE) IN CASE OF NECESSITY
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.
Aircall will use reasonable endeavors to provide the Aircall Service with minimum disruptions outside of regularly scheduled maintenance windows. However, Aircall cannot guarantee that the Service will always function without disruptions, delay or other imperfections. Since the Aircall Service will be transmitted through public internet lines and the public switched telephone network, there may be power outages or internet service disruption and You may experience some disruptions e.g. packet loss, jitter and latency which will interfere with the quality of Your communications.
Aircall may change technical features in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. Aircall may also have to repair, improve, and/or upgrade the Aircall Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service at any time in our sole discretion.
Aircall grants You a limited, revocable, non-exclusive, non-transferable license to use the Service for Your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement.
Any such forbidden use shall immediately terminate Your license to the Service.
You will not use the Aircall Services is any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including:
You and Your Administrators may appoint additional Administrators of Your Aircall account, and each Administrator shall be required to accept and agree to this Agreement. You shall procure that all Administrators read, agree to and comply with this Agreement and You shall be responsible for any breach of the Terms by such Administrator(s).
Provision of Aircall Numbers is subject to applicable numbering rules and regulatory practices, which 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 residence and/or the location of Your Company.
You are responsible for notifying any applicable terms of service to Administrators and Users who are allocated the Aircall Number, and for ensuring that the Administrators and Users comply with such terms. Aircall reserves the right to cancel the subscribed Aircall Numbers in case of breach by You, Your Administrators or Users of the applicable terms of service, including the allocation requirements, without compensation.
You shall inform each User that You and Your Administrators may obtain and use their personal and traffic data on the Aircall numbers they are assigned to. You acknowledge and agree that You shall process (and shall ensure that Your Administrators shall process) such personal data in accordance with all applicable data protection laws. You represent and warrant to keep all such personal and traffic data confidential and use and protect it strictly in compliance with applicable data protection laws.
Under no circumstances shall You send (or allow Your Administrators and/or Users to send) unsolicited commercial communications. You shall not (and You shall ensure that Your Administrators and/or Users shall not) send or procure the sending of any communications, including email messages on behalf of, or purporting to originate on behalf of, Aircall.
Aircall will not charge You for user licenses to use its Services and up to 40 minutes of outbound calls during a one week free trial period. At the end of this trial period 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 a plan and pay by entering Your credit card information.
You authorize Aircall to charge and/or place a hold on Your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and You agree that Your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts.
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 plan chosen, on the monthly or annual anniversary of Your initial registration for a paid Aircall plan and to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full.
You will provide Aircall with updated credit card information upon Aircall’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Aircall is not liable for any 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. If You mistakenly provide a debit card number, instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number.
Usage charges and monthly fees will be charged directly to the credit card you provide to us. Usage charges will be billed in accordance with Aircall's then-current rates, which are subject to change without notice unless otherwise agreed in writing. By using the Service You accept that prices may fluctuate from month to month and agree to pay all charges due. Aircall may change the rates of outgoing and inbound toll-free calls at any time without notice. You may request the current price-per-minute rates in effect by sending a request to email@example.com.
Except as provided below, monthly per user licenses services and certain other 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 Your billing cycle. You agree to pay for all Aircall Services.
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 FOR BILLING PURPOSES. IF PAY PER MINUTE BILLING APPLIES WITHIN YOUR PLAN, WE 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.
All outbound calls for which we receive answer supervision including ring time, shall incur a minimum of one 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 us 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.
If You select a rate 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 rate 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. Additional charges may apply for additional copies of Your bill, or for detailed information about Your usage of Services.
You agree that for amounts not paid by the due date, we may charge, as a part of its rates and charges, and You agree to pay, a late payment fee of 10% or the maximum allowed by law. In the event You fail to pay billed charges when due and it becomes necessary for us to refer Your account(s) to a third party for collection, we will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover our internal collection-related costs.
You also remain responsible for paying Your monthly Service fee if Your Service is suspended for nonpayment.
You also remain responsible for paying Your monthly Service fee if Your Service is suspended for nonpayment.
Using Aircall 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 operator will charge its standard rates for roaming on incoming calls.
If You use the Aircall 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 operator may charge You roaming fees.
Aircal may offer currently or in the future plans on an "unlimited" use and/or “unlimited minutes” basis. All unlimited plans:
Aircall sets no limit to the number of calls received through the Aircall app.
Aircall reserves the right upon prior notice to disconnect or suspend your Service if Aircall determines that your use of the Service violates any point of the Fair Use Policy above.
Upon request, Aircall may port a number belonging to you to its platform, after assessing the cost. You may port Your Aircall number to another provider as long as You have subscribed to a paid plan (i.e. You are not using the free trial). If You wish to export Your Aircall number to another service, You must request Your new service provider to take responsibility for this process. Aircall will not charge You for porting Your number away from the Aircall Service, but Your new service provider may charge You a fee for the portability.
All right, title and interest in the Service and any content contained herein is the exclusive property of Aircall, except as otherwise stated. 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 these Terms and Conditions, or as authorized in writing by Aircall, is strictly prohibited.
You grant Aircall a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights that You have as the copyright owner in any content or feedback that You provided to us.
You grant Aircall permission to use your company logo on our Site and other print material to identify yourself as a registered user of the Service and for advertising purposes.
The materials on Aircall’s web site are provided “as is”. Aircall makes no 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, or non-infringement of intellectual property or other violation of rights. Further, Aircall does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Since the Aircall Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure. Therefore, the Aircall 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.
In no event shall Aircall or its suppliers be liable for any consequential, indirect, special, punitive or similar damages, including loss of data or profit, or business interruption, 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.
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, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100. Any cause of action You may have with respect to Your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.
The materials appearing on Aircall’s Site may include technical, typographical, or photographic errors. Aircall does not warrant that any of the materials on its Site are accurate, complete, or current. Aircall may make changes to the materials contained on its Site at any time without notice. Aircall however, makes no commitment of any kind to update the materials.
You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While Aircall has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from a Service over the Internet cannot be guaranteed. Accordingly, Aircall is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Aircall shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
It is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and password. You are also responsible for immediately notifying Aircall of any unauthorized use of Your account, or breach of Your account information or password. Aircall will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for Your failure to safeguard user and password information and/or promptly notify Aircall about unauthorized use of Your account or breach of Your account information or password.
The Site may include links to certain website, materials, or content developed by third parties. Aircall has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Aircall of the Site. Use of any such linked website is at Your own risk. Aircall reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.
Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Site 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.
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, US federal laws, individual state laws, international laws and all other laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that You have with a third-party telecommunications provider. If necessary and in accordance with applicable law, Aircall will cooperate with local, state, federal, and/or international government 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, Materials, Content, Services and Accounts.
You will 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 Your breach of this Agreement, Your violation of any law, or the rights of a third party.
Aircall may terminate Your right to use the Service with or without cause at any time, including when we feel that You are taking advantage of unlimited call redirection offered under a paid plan. We would consider “taking advantage” to be the breach of any point of Aircall’s Fair Use Policy set above. You may also terminate this Agreement at any time directly from Your Aircall account. Termination of this Agreement becomes effective at the end of the ongoing billing cycle.
Your obligation to pay accrued charges 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 those terms.
Any claim relating to Aircall’s site 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 City, state of New York and the parties unconditionally waive their respective 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.
Each of the parties waives its rights to a trial by jury of all claims or causes of action (including counterclaims) related to or arising out of this agreement brought by either party against the other. This waiver will apply to any subsequent amendments of or modifications to this agreement.
All claims between the parties related to this Agreement will be litigated individually and You will not consolidate or seek class treatment for any claim with respect to the Services.
Even if we do not require strict compliance with the Agreement in each instance, You will be obligated to comply with the Agreement. 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.
Any and all waivers by Aircall of any provision, condition or requirement of the Agreement will only be effective against Aircall if it is in writing and signed by an authorized officer of Aircall, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to You, Aircall, Inc. for any third party that assumes our rights and obligations under this Agreement.
In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
By using Aircall Services, You agree that we may contact You, or Your Users, via voice call, text message or other electronic medium. In the event that any information You have provided to Aircall changes, including but not limited to, e-mail or address, You agree to promptly update Your information.