from any terminal or device where the VoxOx Software has been installed. The Customer can accept this Agreement by
clicking on the “ACCEPT” button, or similar buttons or links as may be designated by Telcentris, Inc. (“Telcentris”).
In order to use the VoxOx Services, the Customer must accept the Additional Terms (as defined below), which are
incorporated herein by this reference. The Customer can accept the Additional Terms by: (i) clicking to accept or agree
where this option is made available; or (ii) by actually using the VoxOx Software or VoxOx Services, in which case the
Customer acknowledges and agrees that such use constitutes acceptance of this Agreement and the Additional Terms. The
Customer acknowledges and agrees that by accepting this Agreement and the Additional Terms, the Customer is entering
into a legally binding agreement. If there is any contradiction between the Additional Terms and this Agreement, the then
Additional Terms shall take precedence in relation to the relevant VoxOx Services. Customer should save a copy of this
Agreement and the Additional Terms for Customer’s records.
Customer hereby agrees to the use of electronic communications to enter into this Agreement, the Additional Terms, place
orders and create other records, and to the electronic delivery of notices, policies and records of transactions initiated or
completed through the VoxOx Software. The Customer hereby expressly waives any rights or requirements under any laws
or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-
electronic records, to the extent permitted under applicable law.
The VoxOx Services cannot be used in any jurisdiction that prohibits the download and use of the VoxOx Software.
1.1 The following terms and expressions shall have the following meanings:
“Additional Terms” means, in addition to this Agreement, the terms, conditions and policies applicable to
the use of the VoxOx Services
“Affiliate” means any corporation, company or other entity that directly or indirectly controls, is controlled
by, or is under common control with Telcentris. For the purpose of this definition, the word “control” shall
mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of such
corporation, company, or other entity.
“Documentation” means all instruction manuals, on-line help files, technical advice letters and electronic
mails, training materials, and other communications created by Telcentris. “Documentation” applies to the
forgoing in whatever media stored, accessed or communicated, including typed or printed materials, written
notes, electronic files, on-line, voice, data transmission, or other content (video or animated).
“Effective Date” means the date on which this Agreement is accepted by the Customer or upon Customer’s
installation or use of the VoxOx Software or Services, whichever occurs earlier.
“Field of Use” means the Customer’s use of the VoxOx Software to communicate and manage
communications, including, voice, video, instant messaging, text, social media, e-mail, and data sharing.
“Intellectual Property” means (i) patents, patent applications and patent rights; (ii) rights associated with
works of authorship, including copyrights, copyright applications, copyright registrations, mask work rights,
mask work applications and mask work registrations; (iii) any right relating to the existence or protection of
trade secrets and confidential information; (iv) design, implementation, schema structure software code and
know-how related to system architecture and conceptual engineering; (v) any right analogous to those set
forth above and any other proprietary rights relating to intangible property and (vi) divisions, continuations,
renewals, reissues and extensions of the foregoing now existing, hereafter filed, issued, created or acquired.
“Password” means a code the Customer selects, which, in combination with the User ID, gives the Customer
access to the Customer’s User Account.
“Products” means the universal communications products provided by Telcentris (including, without
limitation, Unlimited Calling in the U.S. and Canada, Worldwide Unlimited Calling, Unlimited Texting in the
U.S. and Canada, Worldwide Unlimited Texting and VoxPoints.
“User Account” means the account the Customer creates for use of the VoxOx Services.
“User ID” means the identification code the Customer selected, which, in combination with the Password,
gives access to the User Account.
“VoxOx Application Program Interface”: means the set of routines utilized by the VoxOx Software to
provide the VoxOx Software functionality for and to communicate with a given application, platform or
“VoxOx Services” means all Products and services provided through or in conjunction with the VoxOx
“VoxOx Software” means all VoxOx software distributed by Telcentris for Internet communications,
including the VoxOx binary application distributed by Telcentris for Internet communication applications
which are licensed under the terms of the GNU GPL 3.0 license (http://www.gnu.org/licenses/gpl-3.0.txt).
“VoxPoints” means credit purchased from Telcentris and allocated to the Customer’s User Account for
purchase of Products.
“VoxOx Website” means any and all elements, contents and the ‘look and feel’ of the website available under
the URL, http://www.voxox.com , from which website the VoxOx Software can be downloaded.
2. License and Restrictions
2.1 License: Subject to the terms of this Agreement, Telcentris hereby grants Customer a free limited, personal, non-
commercial, non-exclusive, non-sublicensable, non-assignable and non-transferable license to download, install and use the
VoxOx Software in the Field of Use.
2.2 No Implied Licenses or Other Rights: No license or right is granted by implication or otherwise, with respect to the
VoxOx Software or other Intellectual Property except as specifically set forth in the terms of this Agreement. Customer
understands and agrees that the terms of this Agreement shall not be read or interpreted so as to grant to Customer any title
or interest of ownership in the VoxOx Software or appurtenant Intellectual Property rights, or to the Documentation. The
VoxOx Software and appurtenant Intellectual Property rights, as well as any and all modifications thereto and all
Documentation, are and shall, in all events, remain Telcentris’ sole and exclusive property. Telcentris specifically reserves
all rights not expressly granted under the terms of this Agreement.
2.3 Negative Covenants: Customer shall not:
(a) operate, support, develop, enhance, correct or otherwise modify the VoxOx Software or the Documentation,
except as expressly authorized pursuant to this Agreement, or as otherwise permitted in writing by Telcentris or in
(b) otherwise copy or use the VoxOx Software for any purpose or in any manner not expressly permitted in this
© reverse compile, reverse assemble, reverse engineer, disassemble or translate any portion of the VoxOx
Software, separate the VoxOx Software into its component parts or in any way attempt to reconstruct or discover
any source code, schema or algorithms of the VoxOx Software by any means whatsoever;
(d) remove any product identification, trademark, copyright, confidentiality, proprietary or other notice contained
on or within the VoxOx Software or the Documentation;
(e) knowingly permit or encourage any third party to do any of the foregoing.
2.4 Third Party Software: The VoxOx Software may incorporate or be incorporated into software and technology owned
and controlled by third parties. Any such third party software or technology that is incorporated in the VoxOx Software falls
under the scope of this Agreement and license agreements from such third parties. Customer hereby acknowledges and
agrees that Customer will be bound by and abide by the terms of such third party license agreements.
2.5 Use of VoxOx Application Program Interface. Customer may use the VoxOx Application Program Interface, provided
at http://www.voxox.com/index/terms, including all changes and modifications thereto; and
(b) Use of the VoxOx Application Program Interface is for legitimate purposes and does not adversely affect the
functionality or performance of the VoxOx Software or the VoxOx Services.
3. Use of VoxOx Software.
3.1 No Warranties: Installing the VoxOx Software enables Customer to communicate with other people. Telcentris cannot
guarantee that Customer will always be able to communicate with other people, nor can Telcentris guarantee that Customer
can communicate without disruptions, delays or other communication-related flaws, or that all of Customer’s
communications will always be delivered to other people.
3.2 Content of Communications: The content of the communication sent by the use of the VoxOx Software and the VoxOx
Services is entirely the responsibility of the person from whom such content originated. Customer understands that by using
the VoxOx Software and the VoxOx Services Customer may be exposed to content that is offensive, harmful to minors,
indecent or otherwise objectionable. Customer represents and warrants that Customer understands and agrees that
Customer’s use of the VoxOx Software and the VoxOx Services is at Customer’s own risk.
3.3 Utilization of Customer’s Computer: The VoxOx Software may utilize the processor and bandwidth of the Customer’s
computer (or other applicable device) for the limited purpose of facilitating the communication between Customer and third
parties. Telcentris will use commercially reasonable efforts to protect the privacy and integrity of Customer’s computer
resources (or other applicable device) and communications, but cannot guarantee such privacy or integrity.
3.4 New Versions of the VoxOx Software: Telcentris, in its sole discretion, reserves the right to add additional features or
functions, or to provide programming fixes, updates and upgrades to the VoxOx Software. Telcentris has no obligation to
make available or distribute any subsequent versions of the VoxOx Software. In the event Customer wants to download,
install or use a new version of the VoxOx Software, Customer may have to enter into and accept a revised version of this
3.5 Suspension: Telcentris may, in its sole discretion, modify, discontinue or suspend Customer’s ability to use any
version of the VoxOx Services, the VoxOx Software, and/or disable any VoxOx Software Customer may already have
accessed or installed, without any notice to Customer, for the repair, improvement, and/or upgrade of the underlying
technologies or for any other justifiable reason, including but not limited to, circumstances where Customer, at Telcentris’
discretion, is in breach of the terms of this Agreement, creates problems, possible legal liabilities, or is engaging in
fraudulent, immoral or illegal activities.
3.6 DIDs (telephone numbers): All free DIDs (telephone numbers) are the property of Telcentris. Stricter regulatory
requirements and an increasing shortage of U.S. based telephone numbers are a continued concern in the
telecommunications business. Telcentris will review accounts on a periodic basis and identify any DIDs (telephone
numbers) that are either not in use, or have minimal “inbound” usage. Any DIDs (telephone numbers) that have not
received “inbound” calls in a 60 day period, or have less than 100 minutes of “inbound” usage over a 3 month period may
be deemed “inactive.” In the event that Customer’s DID (telephone number) has been identified as “inactive”, it could be
removed from Customer’s User Account and re-circulated into the available number pool. If Customer desires to maintain
an “inactive” DID (telephone number), Customer will be given the option to pay a monthly fee at the then determined rate
(currently $0.50 per month). If taxes are imposed on DIDs (telephone numbers), that result in Telcentris having to pay
additional fees or expenses, the costs may be passed on to Customer.
3.7 No Emergency Calls: The VoxOx Software and the VoxOx Services are not intended to support or carry emergency
calls to any type of hospital, law enforcement agency, medical care unit, or any other kind of emergency service. Customer
acknowledges and agrees that: (i) Telcentris is not required to offer access to emergency services under any applicable local
and/or national rules, regulations or laws; (ii) Customer must make additional or other arrangements to access emergency
services and it is Customer’s responsibility to purchase (separate and apart from the VoxOx Software and the VoxOx
Services) traditional wireless or landline telephone services to obtain such access to emergency services; and (iii) the
VoxOx Software and the VoxOx Services are not a replacement for Customer’s primary telephone service.
3.8 911 calls: VoxOx 911 service is different from traditional wireline 911 and cellular/wireless 911, but it is a safe and
reliable means of emergency dialing that may differ depending on where Customer is located, and the device used, when
using your VoxOx service.
VoxOx Customers have access to Enhanced 911 (E911), basic 911 or Telcentris’s 911 provider’s national emergency call
center. With E911 service, when Customer dials 911, Customer’s VoxOx phone number and registered address is sent to the
local emergency center serving Customer’s location, and emergency operators have access to this information in order to
send help and call Customer back, if necessary. With basic 911, when Customer dials 911, local emergency operators
answering the call may not see Customer’s VoxOx telephone number or Customer’s registered address. The emergency
center may not be equipped to receive, capture or retain Customer’s VoxOx telephone number and registered address, so
Customer must be prepared to give them this information. Until Customer gives the operator Customer’s phone number, the
operator may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to
speak. Once local emergency centers are capable of receiving our Customers’ information, Telcentris automatically
upgrades customers with basic 911 to E911 service.
If Customer does not have access to either basic 911 or E911 for any reason, Customer’s 911 call will be sent to VoxOx’s
provider’s national emergency call center, where a trained agent will ask for Customer’s name, telephone number, and
location, and then transfer Customer to the local emergency center nearest to the Customer’s location.
Telcentris requires Customer to provide the physical address where Customer will be using VoxOx for 911 purposes. For
E911 and basic 911, this address is used to route 911 calls to Customer’s local emergency center. When Customer initially
provides their physical address, it can take up to 120 minutes to verify and activate 911 service at that address. Customer
will receive an email, when 911 service is activated.
If you move this device to another location, you must update your address. You may register only one location at time. If
you do not update your location, your 911 calls may be sent to an emergency center near your old address. When you
update your location, it can take several hours to activate 911 service at the updated address. You will receive an email
letting you know when 911 service is activated at the updated address.
Please note that our 911 Dialing service will not function in the event of a broadband or power outage or if Customer’s
broadband, Internet Service Provider (ISP), or VoxOx phone service is terminated.
4. Expectation of Customer.
4.1 Lawful Purposes: Customer will use the VoxOx Software and the VoxOx Services solely for lawful purposes.
Customer may not, without limitation: (a) intercept or monitor, damage or modify any communication which is not
intended for Customer; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions
that are designed to distort, delete, damage or disassemble the VoxOx Software, the VoxOx Services, or the
communications; © send any unsolicited commercial communication not permitted by applicable law; (d) expose any third
party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use the VoxOx
Software and the VoxOx Services to cause or intend to cause embarrassment, or distress to, or to threaten, harass or invade
the privacy of any third party; or (f) use any material or content that is subject to any third party proprietary rights, unless
you have a license or permission from the owner of such rights.
4.2 Representations: Customer represents and warrants that Customer are authorized to enter into and comply with the
terms of this Agreement. Furthermore, Customer represents and warrants that Customer will, at all times, comply with the
terms of this Agreement and any and all laws, regulations and policies that may apply to the use of the VoxOx Software
and/or the VoxOx Services.
4.3 Indemnification: CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD TELCENTRIS AND ITS
AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING
REASONABLE ATTORNEYS’ FEES, INCURRED BY SUCH PARTIES IN CONNECTION WITH, OR ARISING OUT
OF CUSTOMER’S: (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT, OR ANY APPLICABLE
LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; (B) VIOLATION OF ANY RIGHTS OF
ANY THIRD PARTY; © USE OR MISUSE OF THE VOXOX SOFTWARE AND THE VOXOX SERVICES; OR (D)
COMMUNICATIONS DISTRIBUTED BY MEANS OF THE VOXOX SOFTWARE AND THE VOXOX SERVICES.
4.4 Utilization of Your Computer: If Customer’s use of the VoxOx Software and the VoxOx Services is dependent upon
the use of a processor and bandwidth owned or controlled by a third party, Customer acknowledges and agrees that
Customer’s license to use the VoxOx Software is subject to Customer obtaining consent from the relevant third party for
such use. Customer represents and warrants that by accepting this Agreement and using the VoxOx Software and the VoxOx
Services, You have obtained such consent.
4.5 Export Restrictions: As required by law, VoxOx Software and VoxOx Services are subject to United States export
controls. VoxOx Software may not be downloaded or otherwise exported or re-exported into (or to a national or resident of)
Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has
embargoed goods; or any organization or company on the United States Commerce Department’s “Denied Parties List.” By
downloading or using VoxOx Software, Customer agrees to the foregoing and all applicable export control laws. Customer
also warrants and represents that Customer is not under the control of, located in, or a resident or national of any such
country, or on any such list. The information on export laws provided herein is not necessarily complete. For more
information on export laws, please refer to the United States Commerce Department Bureau of Export Administration at
(202) 482-2440, or (202) 482-4811.
5. Term, Termination, Updates.
5.1 Term: This Agreement will be effective as of the Effective Date and will remain effective until terminated by either
Telcentris or Customer as set out below. The Additional Terms will be effective as of the date upon which they are
accepted by Customer or Customer use the VoxOx Services, and will remain effective until terminated by either Telcentris
or Customer as set out below and/or in the applicable Additional Terms.
5.2 Termination: Customer may terminate this Agreement with immediate effect at any time. Without limiting other
remedies, Telcentris may limit, suspend, or terminate this license and Customer’s use of the VoxOx Software and the
VoxOx Services, prohibit access to the VoxOx Website and delete Customer’s User Account and/or User ID, with
immediate effect, automatically and without recourse to the courts, if Telcentris think that Customer are in breach of the
terms of this Agreement or the Additional Terms, refuses to accept and agree to a revised or modified version of this
Agreement or the Additional Terms, creates problems, legal liabilities (actual or potential), infringes upon someone else’s
intellectual property rights, engages in fraudulent, immoral or illegal activities, or for other similar reasons. Telcentris shall
effect such termination by providing notice to Customer via the email address Customer has provided to Telcentris, and/or
by preventing Customer access to Customer’s User Account. Telcentris reserves the right to cancel User Accounts that have
been inactive for more than one (1) year.
5.3 Consequences of Termination: Upon termination of this Agreement and the Additional Terms: (a) all licenses and
rights to use the VoxOx Software and the VoxOx Services shall immediately terminate; (b) Customer will immediately
cease any and all use of the VoxOx Software and VoxOx Services; and © Customer will immediately remove the VoxOx
Software from all hard drives, networks and other storage media and destroy all copies of the VoxOx Software in
Customer’s possession or control.
5.4 New Versions: Telcentris reserves the right to change this Agreement, at any time, by publishing revised or modified
Agreement on the VoxOx Website. The revised or modified Agreement shall become effective within thirty (30) days of
such publication, unless Customer expressly accepts the revised Agreement earlier by clicking on the accept button.
Customer’s express acceptance or Customer’s continued use of the VoxOx Software and the VoxOx Services after expiry of
the notice period of thirty (30) days, shall constitute Customer’s acceptance to be bound by the terms and conditions of the
revised or modified Agreement. Customer can find the latest version of this Agreement at http://www.voxox.com/index/terms.
Telcentris reserves the right to change any of the Additional Terms, at any time, and such changes shall become effective
either within thirty (30) days of publication of the revised version on the VoxOx Website (unless Customer expressly accept
the revised terms earlier by clicking on the accept button if this option is made available), or within the timeframe set out in
the applicable Additional Terms, if different.
6. Disclaimer of Warranties and Limitation of Liability.
6.1 No Warranties: THE VOXOX SOFTWARE AND THE VOXOX SERVICES ARE PROVIDED “AS IS,” WITH NO
WARRANTIES WHATSOEVER; TELCENTRIS DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY,
MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE VOXOX SOFTWARE
OR THE VOXOX SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF
QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR USE FOR A
PARTICULAR PURPOSE. TELCENTRIS FURTHER DOES NOT REPRESENT OR WARRANT THAT THE VOXOX
SOFTWARE OR THE VOXOX SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, OR WILL OPERATE WITHOUT PACKET
LOSS, NOR DOES TELCENTRIS WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE
INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE VOXOX SOFTWARE AND THE VOXOX
6.2 Specific Disclaimer Of Liability For Emergency Services: TELCENTRIS DOES NOT PROVIDE CONNECTIONS TO
EMERGENCY SERVICES VIA THE VOXOX SOFTWARE OR THE VOXOX SERVICES. NEITHER TELCENTRIS
NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR
LOSS, (AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING
FROM OR RELATING TO CUSTOMER’S INABILITY TO USE THE VOXOX SOFTWARE AND/OR THE VOXOX
SERVICES TO CONTACT EMERGENCY SERVICES, AND CUSTOMER’S FAILURE TO MAKE ADDITIONAL
ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 3.6 ABOVE.
6.3 Customer’s own Risk: Customer acknowledges and agrees that the entire risk arising out of Customer’s use of the
VoxOx Software and the VoxOx Services remains with Customer, to the maximum extent permitted by law.
6.4 No Liability: The VoxOx Software is being provided to Customer free of charge. ACCORDINGLY, CUSTOMER
ACKNOWLEDGES AND AGREES THAT TELCENTRIS, ITS AFFILIATES, ITS LICENSORS AND THE
TELCENTRIS STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM CUSTOMER’S
USE OF THE VOXOX SOFTWARE. CUSTOMER’S ONLY RIGHT OR REMEDY WITH RESPECT TO ANY
PROBLEMS OR DISSATISFACTION WITH THE VOXOX SOFTWARE IS TO IMMEDIATELY DEINSTALL AND
CEASE USE OF SUCH VOXOX SOFTWARE.
6.5 Limitation of Liability: IN NO EVENT SHALL TELCENTRIS, ITS AFFILIATES, ITS LICENSORS OR THE
TELCENTRIS STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR: (A) ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR
CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF
THE USE OR INABILITY TO USE THE VOXOX SOFTWARE; (B) ANY LOSS OF INCOME, BUSINESS OR
PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE VOXOX
SOFTWARE; © ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY CUSTOMER AS A RESULT OF; (I)
ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE VOXOX SOFTWARE; (II)
THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY CUSTOMER OR BY TELCENTRIS FOR ANY
REASON; AND THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE VOXOX
THE LIMITATIONS ON TELCENTRIS’ LIABILITY TO CUSTOMER IN THIS SECTION 6.5 SHALL APPLY
WHETHER OR NOT TELCENTRIS, ITS AFFILIATES OR THE TELCENTRIS STAFF HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
6.8 Jurisdictional Limitations: As some jurisdictions do not allow some of the exclusions or limitations, as set forth above,
some of these exclusions or limitations may not apply in those jurisdictions. In such event the liability will be limited to the
maximum extent possible and allowed by law within the applicable jurisdiction.
7. Terms for Calling and Texting Plans.
7.1 Fair Use: All calling and texting plans are subject to the VoxOx Fair Use policy at http://www.voxox.com/index/fairusepolicy.
Telcentris reserves the right to change the VoxOx Fair Use Policy at any time in its sole discretion. Changes shall become
effective within thirty (30) days of publication of the revised version of the VoxOx Fair Use Policy on the VoxOx Website.
Customer’s continued use of any calling or texting plan after expiry of the 30 day period shall constitute Customer’s
acceptance to be bound by the terms and conditions of the revised VoxOx Fair Use Policy.
7.2 Individual Use: Calling and texting plans are for individual use only. Each such plan is to be used by one person only
and is not to be shared with any other user (whether via a PBX, call center, computer or any other means).
7.3 Modifications: Telcentris reserves the right to withdraw or change any calling or texting plan at any time. If Telcentris
makes any changes to a calling or texting plan, VoxOx Customers will receive a notification via email, describing the
changes to the relevant calling or texting plan and the date such changes take effect.
7.4 Restrictions: Telcentris reserves the right to block certain high cost areas in the USA or in other countries.
7.5 Fraud or Misuse: In the event that there is, or Telcentris suspects that there is, any fraudulent activity or misuse of
Customer’s account, Telcentris reserves the right, in its sole discretion, to terminate Customer’s calling and/or texting plan
and close Customer’s User Account with immediate effect and without a refund.
7.6 Termination: Customer may terminate Customer’s subscription of any calling or texting plan at any time. If Customer
chooses to pay for a calling or texting plan monthly or annually, Customer acknowledges and agrees that the payment for
such plan is a recurring payment and the payments shall be made to Telcentris by the method and at the recurring intervals
chosen by Customer until the plan is terminated.
7.7 Recurring Payments: Recurring payments for calling or texting plans are linked to the credit card which Customer
originally used to set up the recurring payment. If Customer changes the credit card, the recurring payment will be
canceled and Customer will not be able to continue to use the calling or texting plan.
8. Payments and Refund Policy.
8.1 VoxPoints. Customer needs to pay to use certain Products. To purchase payable Products Customer needs a sufficient
balance of VoxPoints allocated to Customer’s User Account. Customer must deposit sufficient VoxPoints in Customer’s
User Account through Customer’s credit card or other means which may be made available by Telcentris. Telcentris
reserves the right, in its sole discretion, to stop accepting credit cards from any credit card issuer.
8.2 Restrictions: Telcentris does not guarantee that Customer will be able to use Customer’s VoxPoints balance to
purchase all payable Products. Certain Products may have to be paid for by other means of payment.
8.3 Credit expiration: Any credit balance for VoxPoints in Customer’s User Account will expire 365 days after the last
chargeable use for that VoxOx credit. Credit balances that are not used within this 365 day period will be lost. VoxPoints
have no cash value.
8.4 Refund Policy: Customer may submit a request for any refund by contacting Telcentris’ customer services
via Telcentris’ online web form. Refund requests submitted through other means shall not be eligible for a refund. No
refunds shall be given for services paid or credit acquired through vouchers or gift cards. Telcentris reserves the right to
deny repetitive refund requests. Customer may ask for a refund within 24 hours of Customer’s payment. All refunds shall
be paid either through the original payment method used, or any other reasonable payment method to be determined by
Telcentris, and addressed to the person that deposited the credit initially. A refund may take up to 30 days to process from
date of Customer’s request date. Telcentris will refund Customer’s credit balance in the event Customer terminates
Customer’s User Account as permitted under this Agreement, or in the event that Telcentris terminates this Agreement
without cause. Any abuse by Customer of the terms relating to refunds hereunder shall lead to the termination of this
9. Miscellaneous Terms.
9.1 Privacy and Confidentiality: Telcentris is committed to respecting Customer’s privacy and the confidentiality of
personal data, the traffic data and the content contained in Customer communications.
9.2 Entire Agreement: The terms and conditions of this Agreement constitute the entire agreement between Customer and
Telcentris with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements,
in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either
Customer or Telcentris arising out of fraud or fraudulent misrepresentations.
9.3 Partial Invalidity: If any provision of this Agreement, or any part of such a provision, is found by any court or
administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision, or part of such
provision, is not of a fundamental nature to the terms of this Agreement as a whole, the legality, validity or enforceability of
the remainder of this Agreement shall not be affected.
9.4 No Waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by this Agreement or by
law shall not constitute a waiver of that right, power or remedy. If Telcentris waives a breach of any provision of this
Agreement, such waiver shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of
any other provision.
9.5 Assignment: Customer is not allowed to assign this Agreement or any rights hereunder. Telcentris is allowed, at its
sole discretion, to assign this Agreement or any rights hereunder to any third party, without giving prior notice.
9.6 Applicable Law and Competent Court: This Agreement shall be governed by and interpreted in accordance with the
laws of the State of California, USA, and shall be subject to the jurisdiction of the courts of San Diego, California, USA.
9.7 Language: The original English version of this Agreement may have been translated into other languages. In the event
of inconsistency or discrepancy between the English version and any other language version, the English language version
9.8 Survival: The terms of Sections 2.5, 5 and 6 of this Agreement, and any other provision of the Additional Terms which
is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable
Additional Terms for whatever reason.
CUSTOMER EXPRESSLY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT AND
UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING
ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE VOXOX SOFTWARE, CUSTOMER
EXPRESSLY CONSENTS TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANTS TO TELCENTRIS
THE RIGHTS SET FORTH HEREIN.
COPYRIGHT AND TRADEMARK INFORMATION
COPYRIGHT NOTICE: Copyright © 2006 – 2008 Telcentris, Inc. All Rights Reserved.
“VoxOx” and the VoxOx logo are registered trademarks of Telcentris, Inc. All other trademarks, trade names service marks,
service names are the property of their respective holders, including but not limited to, the following:
- “AIM” and the running man logo are registered trademarks of America Online, Inc.
- “Google Talk” is a registered trademark of Google Inc.
- “ICQ” is a registered mark of ICQ, Inc.
- “JABBER” is a registered trademark of the Jabber Software Foundation
- “MSN” and the butterfly logo are registered trademarks of Microsoft Corporation.
- “Yahoo!” and “Yahoo! Messenger” are registered trademarks of Yahoo, Inc.
- “GMail” is a registered trademark of Google Inc.
- “Facebook” is a registered trademark of Facebook Inc.
- “MySpace” is a registered trademark MySpace Inc.
VoxOx Software, VoxOx Services and Telcentris, Inc. are in no way affiliated with or endorsed by America Online, Inc., Google Inc., ICQ, Inc., Jabber Software Foundation, Microsoft Corporation, Yahoo, Inc., Facebook Inc., or MySpace Inc.