Terms of Services

By using or uploading any information, data or other input (your “Content‘) to the CLOUDSOFTPHONE web site (“Service“) a service of Alien Licensing gmbh (“CLOUDSOFTPHONE”), you (“you”, “your” or “User”) are agreeing to be bound by the following terms and conditions (“Terms of Service“). IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE SERVICE. This is a TERMS OF SERVICE for Services, and Customer is not granted a license to any software by this TERMS OF SERVICE. Registration allows you to create a user account in which you will be able to create, customize, manage, and administer applications through Internet access to CLOUDSOFTPHONE’s proprietary software and architecture, including the CLOUDSOFTPHONE Catalog, Application Building tools, and Application Framework (“CLOUDSOFTPHONE Platform”). CLOUDSOFTPHONE reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

CLOUDSOFTPHONE may make changes to the TERMS OF SERVICE, and continued use of the Service constitutes Customer’s acceptance of any such changes. In addition, Customer and CLOUDSOFTPHONE shall be subject to any posted guidelines or rules applicable to such Services that may be posted at any time.

RESPONSIBILITIES AND RIGHTS

You are responsible for all activity occurring under your Account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of CLOUDSOFTPHONE, including those related to data privacy, international communications and the transmission of technical or personal data. You must do the following:

• report to CLOUDSOFTPHONE immediately of any unauthorized use of any account or any other breach of security that is known or suspected by you or any member of your Team
• report to CLOUDSOFTPHONE immediately, and use reasonable efforts to stop immediately, any copying or distribution of the CLOUDSOFTPHONE Platform that is known or suspected by you or any member of your Team
• not impersonate another CLOUDSOFTPHONE user or provide false identity information to gain access to or use the CLOUDSOFTPHONE Platform. CLOUDSOFTPHONE has the rights to use the name and the logo of CLOUDSOFTPHONE within any media support or for marketing purposes during the term of this TERMS OF SERVICE. IF, AT THE END OF YOUR SUBSCRIPTION, you elect to discontinue services, then the data that you store in Applications when using the CLOUDSOFTPHONE Platform per the terms of this TERMS OF SERVICE will be considered your personal property and fully transferable to you upon written request to CLOUDSOFTPHONE.

RESTRICTIONS ON USE

Your license to use CLOUDSOFTPHONE to create Applications is limited to you and your Team to use only and cannot be shared with or used by any Third Party with the exception of platform features that enable you to communicate with the Third Party. You agree NOT to:

• modify or make derivative works based upon the CLOUDSOFTPHONE Platform;
• disassemble, reverse engineer, analyze, decompile, modify, convert or translate the CLOUDSOFTPHONE Platform or apply any procedure or process to the CLOUDSOFTPHONE Platform in order to build a competitive product or service build a product using similar ideas, features, functions or graphics of the CLOUDSOFTPHONE Platform, or copy any ideas, features, functions or graphics of the CLOUDSOFTPHONE Platform;
• license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any Third Party the CLOUDSOFTPHONE Platform and/or User Account in any way;
• link to the CLOUDSOFTPHONE Platform or Applications via the Internet, displaying any content on any other server or wireless or Internet-based device, without properly citing CLOUDSOFTPHONE as the owner or expressed written consent from CLOUDSOFTPHONE;
• collect or harvest any personally identifiable information, including account names, from CLOUDSOFTPHONE.

AS PARTY TO THIS TERMS OF SERVICE, you agree NOT to use the CLOUDSOFTPHONE Platform to engage in the following:

• sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violate Third Party privacy rights;
• sending or storing material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
• interfering with or disrupt the integrity or performance of the CLOUDSOFTPHONE Platform or the data contained therein;
• attempting to gain unauthorized access to the CLOUDSOFTPHONE Platform or its related systems or networks.

OWNERSHIP

While this TERMS OF SERVICE and the specified license(s) are in effect, it does not convey any rights of ownership in or to the CLOUDSOFTPHONE Platform. All rights, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the CLOUDSOFTPHONE Platform will remain the sole property of CLOUDSOFTPHONE. Any services provided to you under this TERMS OF SERVICE related to the testing of the CLOUDSOFTPHONE Platform, including without limitation, methods, processes, notes, designs, code, documentation, memoranda will belong to CLOUDSOFTPHONE. Any intellectual property and information, such as, without limitation, data, feedback, advice, information and designs that you give to CLOUDSOFTPHONE during the Term of this TERMS OF SERVICE will belong to CLOUDSOFTPHONE and you will receive no compensation for such information.

PRICING

CLOUDSOFTPHONE reserves the right to modify its prices and we will notify you by email when this occurs.

CLOUDSOFTPHONE ACCESS TO APPLICATIONS

During the Term of this TERMS OF SERVICE, in the event that CLOUDSOFTPHONE discovers that an Application and/or Account is in any way impeding services on the CLOUDSOFTPHONE Platform or the server that the CLOUDSOFTPHONE Platform is hosted on, you hereby agree to grant CLOUDSOFTPHONE access by proxy login to an Application or Account so CLOUDSOFTPHONE may investigate Applications and/or Accounts and the problems that they may be causing. During this investigation, services to said Applications and/or Accounts may not be accessible.

WARRANTY DISCLAIMER

CLOUDSOFTPHONE make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the CLOUDSOFTPHONE Platform or any content or online documentation. The CLOUDSOFTPHONE Platform is provided to you on an “AS IS – WHEREAS” basis. By accepting this license, you agree that you understand that the CLOUDSOFTPHONE Platform may not operate according to the specifications at all times. CLOUDSOFTPHONE DOES NOT represent or warrant the following:

1. the use of the CLOUDSOFTPHONE Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
2. the CLOUDSOFTPHONE Platform will meet your requirements or expectations or result in revenues or profits;
3. any stored data will be accurate or reliable;
4. the quality of any products, services, information, or other material purchased or obtained by you through the CLOUDSOFTPHONE Platform will meet your requirements or expectations;
5. the CLOUDSOFTPHONE Platform will remain consistent during any given period as CLOUDSOFTPHONE reserves the right to make changes to improve service or add and remove product features at any time;
6. errors or defects will be corrected, or;
7. the CLOUDSOFTPHONE Platform or the server(s) and software components that make the CLOUDSOFTPHONE Platform available are free of viruses or other harmful components.

Any applications authored on the CLOUDSOFTPHONE platform and made available to through the catalog has the warranty disclaimer as sections (a) through (g) above. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CLOUDSOFTPHONE.

LIMITATIONS ON LIABILITY

You expressly understand and agree that CLOUDSOFTPHONE, its officers, directors, employees, affiliates and service providers, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CLOUDSOFTPHONE has been advised of the possibility of such damages), resulting from any of the following:

• The use or the inability to use the CLOUDSOFTPHONE service;
• The cost of procurement of substitute goods and service resulting from any goods, data, information or service purchased or obtained or messages received, or transactions entered into through or from the CLOUDSOFTPHONE Platform;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party on the CLOUDSOFTPHONE Platform or; any other matter relating to the CLOUDSOFTPHONE Platform. You also agree that CLOUDSOFTPHONE will not be liable for any interruption of business access delays or access interruptions to this site or the web site(s)
• Data non-delivery, mis-delivery, corruption, destruction or other modification
• Unauthorized access to data entered in, or breach of any security mechanisms utilized in, the CLOUDSOFTPHONE Platform or in any restricted field therein; or
• Events beyond the reasonable control or CLOUDSOFTPHONE. CLOUDSOFTPHONE’s services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. CLOUDSOFTPHONE is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Compliance with GDPR regulation of European Union

Lawful Purpose

For the correct functionality of applications, certain data fulfilling the definition of “personal data” given by paragraph 4.1 of GDPR needs to be processed. This data is stored and processed solely for the purpose of enabling the features of applications. By purchase and use of the app, you are entering a contract and personal data is lawfully processed in accordance to paragraph 6.1.b of GDPR.

Identity of Personal Data Controller

The controller of the personal data processed by the app as defined in Article 4.7 of GDPR is: Acrobits, s.r.o, a company registered in Czech Republic under the identifier CZ28487923, https://www.acrobits.net. To write us, please use support@acrobits.net.

Location

The Personal Data is stored on servers within the European Union and the United States of America. In case the servers are located in the USA, they are always hosted at centers which participate in EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce and the European Commission.

Time Period

The Personal Data is necessary for the correct operation of the Service. They will be processed as long as the service is in use. In case you decide to stop using the Service and uninstall the app, all Personal Data will be removed from our servers within a period of 7 days, with the exception of data we are required to hold for compliance with a legal obligation which requires processing by Union or Member State law, as specified in GDPR Article 17.3.

Right to be forgotten, rectification of Personal Data

You have the right to request erasure of your Personal Data by GDPR Article 17 and 18). To do so, uninstall the apps and the data will be removed automatically as specified in the “Time Period” paragraph. The service depends on the Personal Data being processed and can not work correctly without it. The Personal Data originates from the input given by the user; rectification can be done by editing the data within the app at any time.

Processed Data

SIP Account Credentials for Push Notifications

SIP Account Credentials are required for Push Notifications to work. They are securely transferred to Push Server and used to register the account and forward any incoming calls and messages to the device via Push Notifications. Note that this information is not collected if you decide not to use Push Notifications for incoming calls (configurable within the app).

SIP traffic for Push Notifications

In case Push Notifications are in use and the account is registered on the Push Server, this server will also process all SIP traffic related to calls and messaging. It will not process any RTP traffic though (voice or video); this traffic never reaches Push Server.

IP Addresses

When using features which require server components, like Push Notifications or any web services, the IP address and browser information may be logged by the servers. The logs are automatically rotated and the information in them is only processed when troubleshooting specific issues, or when required by law.

Troubleshooting Data

In case you contact our support and require assistance in troubleshooting some problem with the apps, the support person may enable (or ask you to enable) logging of additional information on the server and/or client side, which may contain Personal Data. This information will only be used for resolving the reported issues and the logging will be disabled again as soon as the troubleshooting ends.

Data Portability

You have the right to request a copy of your Personal Data in a portable format.

Complaints

You have the right to lodge a complaint with a supervisory authority.

Termination of services

Alien Licensing reserves the right to terminate your CLOUDSOFTPHONE Account for any reason at any time. Alien Licensing shall have no liability to Customer or any third party because of such termination. You may terminate your account at any time. Upon termination, Customer can request a data export be made available for download. If the invoice is not paid on time, CLOUDSFOTPHONE will notify the Customer and ask for a resolution. In case the invoice is not paid within 30 Business Days from the notification and no other agreement has been reached, CLODSOFTPHONE will remove the CUSTOMER configuration from the CLOUDSOFTPHONE portal