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.
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:
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:
AS PARTY TO THIS TERMS OF SERVICE, you agree NOT to use the CLOUDSOFTPHONE Platform to engage in the following:
While these 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, and 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.
CLOUDSOFTPHONE reserves the right to modify its prices and we will notify you by email when this occurs.
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.
CLOUDSOFTPHONE makes no representation, warranty, or guarantee 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:
Any applications authored on the CLOUDSOFTPHONE platform and made available through the catalog have the warranty disclaimer as sections (1) through (7) 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.
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, the 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
The Customer has a duty (and should also ensure that their affiliates, employees, contractors, agents, and customers adhere to the same) to use the Services and Data in line with relevant laws and the established Compliance Rules. This responsibility encompasses following export control laws, as well as economic, trade, and financial sanctions laws, rules, embargoes, and specific restricted state listings. Moreover, the Customer is required to support (and confirm that their affiliates, staff, contractors, agents, and customers do the same) Acrobits and its related entities in meeting demands from regulators, law enforcement entities, and Service Providers concerning the Services and Data. The “Compliance Rules” indicate that the Customer cannot distribute any software associated with Acrobits’ Cloud Softphone platform or SDK originating from the delineated Restricted Countries.The “Restricted Countries” are defined as the People’s Republic of China (covering Hong Kong and Macau), Belarus, Iran, the Democratic People’s Republic of Korea, the Russian Federation, and the Syrian Arabic Republic.
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:
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