VoxOx | Terms

VoxOx Terms of Use

This Agreement: This Agreement, and any new versions, between TelCentris, Inc. and You, covers all your use of VoxOx Software from any terminals where VoxOx Software has been installed, by You or by third parties. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by TelCentris, Inc.

Additional Terms: Your agreement with TelCentris, Inc. will also include the Additional Terms (as defined below). The Additional Terms shall include, but are not limited to, the terms and policies set out in paragraph 7 below. In order to use the VoxOx Services, You must accept the Additional Terms. You can accept the Additional Terms by (i) clicking to accept or agree where this option is made available to You, or (ii) by actually using the VoxOx Services, in which case You acknowledge and agree that VoxOx will treat such use as acceptance of the applicable terms. You acknowledge and agree that by accepting this Agreement and the Additional Terms you are entering into a legally binding contract, which collectively is referred to below as the "Terms". If there is any contradiction between the Additional Terms and this Agreement, then the Additional Terms shall take precedence in relation to the relevant VoxOx Service. You should print off or save a copy of the Terms for your records.

Electronic Signature(s): You hereby agree to the use of electronic communication in order to enter into contracts, 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. Furthermore, You hereby waive 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 mandatory law.

Jurisdiction's Restrictions: If the law of Your country prohibits You from downloading or using VoxOx Software because You are under the age limit or because the VoxOx Services are not allowed in Your country, please don't use it.

Table of contents:

Definitions

License and Restrictions

What You should and should not expect from VoxOx

What we expect from You

Term, Termination, Updates

Disclaimer of Warranties and Limitation of Liability

Additional Terms

Miscellaneous

1. Definitions

1.1 The following terms and expressions shall have the following meanings:
Additional Terms: the terms and conditions and policies applicable to Your use of the VoxOx Software and the VoxOx Services, in addition to this Agreement.

Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, TelCentris, Inc. 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 the corporation, company, or other entity.

Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.

CallBack Calls: callback calls, via Web Callback or SMS Callback, consist of two outbound calls initiated through VoxOx, that are bridged together.

Conference Calls: A conference call is a telephone call in which the calling party wishes to have more than one called party participate in the audio portion of the call.

Documentation: any online or otherwise enclosed documentation provided by TelCentris, Inc.

Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or upon installation or use of the VoxOx Software by You, whichever occurs earlier.

Emergency Service(s): means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.

IP Rights: means (i) patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights.

Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account.

Product(s): the universal communications products provided by TelCentris, Inc. in accordance with these Terms (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) otherwise referred to as Plans, Calling Plans and Texting Plans.

Terms: has the meaning given in the "Additional Terms" preliminary term above.

TelCentris, Inc.: refers to the company established under the laws of Delaware with its address at 10180 Telesis Court, Suite 150, San Diego, CA 92121.

TelCentris, Inc. Staff: the officers, directors, employees and agents of TelCentris, Inc. or its Affiliates, or any other persons hired by TelCentris, Inc. or its Affiliates.

UI: the user interface of the VoxOx Software.

User Account: refers to the account with User ID and Password that You create for Your use of the VoxOx Software.

User ID: refers to an identification code You selected, which in combination with the Password, gives access to Your User Account.
VoxOx API: application program interface consisting of the set of routines utilized by the VoxOx Software to provide the VoxOx Software functionality for a given platform or operating system, VoxOx API being included in or linked to the VoxOx Software as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.

VoxOx GPL Software: the downloadable VoxOx binary application distributed by TelCentris, Inc. 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).

VoxOx Non-GPL Software: the software distributed by TelCentris, Inc. for internet communication applications, including without limitation the VoxOx Web-based Portals, the VoxOx API, non-GPL UIs and Documentation, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.

VoxOx Online Material: the VoxOx buttons and widgets on the VoxOx Website; such may be changed from time to time by TelCentris, Inc. in its sole discretion.

VoxOx Promotional Materials: any and all trademarks, names, signs, logos, banners, and any other materials, in whatever form, owned and/or used by TelCentris, Inc. for the promotion of its company, its products and activities, other than the VoxOx Online Material.

VoxOx Services: the VoxOx Website and any other products and services made available to You by TelCentris, Inc. or its Affiliates, in addition to those provided through or in conjunction with the VoxOx Software.

VoxOx Software: all software distributed by TelCentris, Inc. for internet communication, including VoxOx GPL Software and VoxOx non-GPL Software.

VoxPoints: You need to pay to use certain Products. To purchase payable Products You need a sufficient balance of VoxPoints, which is credit purchased by You (or an Administrator) from VoxOx and allocated to Your User Account.

VoxOx Web-based Portals: all websites that are logged into using a User Account supplied by VoxOx.

VoxOx Website: any and all elements, contents and the ‘look and feel' of the website available under the URL, www.VoxOx.com , - among other URL's -, from which website the VoxOx Software can be downloaded.

You: You, the end user of the VoxOx Software, also used in the form "Your" where applicable.

1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender.

1.3 Any phrase introduced by the expressions "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. License and Restrictions

2.1 License: Subject to the terms of this Agreement, TelCentris, Inc. hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the VoxOx Non-GPL Software on Your computer, phone or PDA for the sole purpose of personally using the internet communication applications provided by VoxOx and any other applications that may be explicitly provided by VoxOx. You are allowed to use the VoxOx Software at university or any other educational institution, subject to paragraph 4.4 below and in accordance with this Agreement and any applicable Additional Terms. You are allowed to use the VoxOx Software at work to make communications relating to Your business in accordance with this Agreement and any applicable Additional Terms (such as the Terms of Service referred to in paragraph 7 below if You use the payable VoIP products).

2.2 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the VoxOx Non-GPL Software or any part thereof.
2.3 No Modifications: You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the VoxOx Non-GPL Software or any part thereof except to the extent permitted by law.

2.4 Third Parties: The VoxOx Software may be incorporated into, and may incorporate itself, software and other 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. Any and all other third party software or technology that may be distributed together with the VoxOx Software will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with TelCentris, Inc. or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to TelCentris, Inc. or its Affiliates to enforce any of your rights.
2.5 Exclusive Ownership: Any and all IP Rights in the TelCentris, Inc. name, logos, trademarks including VoxOx, TelCentris, Inc., Take Control! and other materials as owned by TelCentris, Inc., the VoxOx Non-GPL Software, VoxOx Website, the VoxOx Online Material and the VoxOx Promotional Materials are and shall remain the exclusive property of VoxOx and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with VoxOx's IP Rights. Any unauthorized use of VoxOx's IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the VoxOx Software, but may be accessed through use of the VoxOx Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

2.6 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or TelCentris, Inc.'s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

2.7 Use of VoxOx API.

2.7.1 You may make use of the VoxOx API provided that:

(i) You comply with the VoxOx API Terms of Use at www.voxox.com/terms.php;

(ii) Your use of the VoxOx API is for legitimate purposes only and shall not adversely affect the functionality or performance of the VoxOx Software or services provided by VoxOx; and

(iii) You will monitor the VoxOx Website in order to ensure that You are aware of any changes in the VoxOx API Terms of Use. If such changes are not acceptable to You, You will immediately stop using the VoxOx API and, where applicable, the VoxOx Software.

2.7.2 If You are interested in using the VoxOx API for a purpose which is not permitted under this Agreement or the VoxOx API Terms of Use, You will have to obtain TelCentris, Inc.'s prior written consent and explicitly agree upon any further commercial terms.

2.8 VoxOx Promotional Materials: Nothing in this Agreement will give You any right to use the VoxOx Promotional Materials.

3. What You should and should not expect from VoxOx

3.1 No Warranties: Installing VoxOx Software enables You to communicate with other people. TelCentris, Inc. cannot guarantee that You will always be able to communicate with other people, nor can TelCentris, Inc. guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communications shall always be delivered to other people.

3.2 Content of Communications: The content of the communication spread by the use of the VoxOx Software is entirely the responsibility of the person from whom such content originated. You understand, therefore, that by using the VoxOx Software and the VoxOx Services You may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable, and that You use the VoxOx Software and the VoxOx Services at Your own risk.

3.3 Utilization of Your Computer: VoxOx Software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the communication between You and third parties. TelCentris, Inc. will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however TelCentris, Inc. cannot give any warranties in this respect.

3.4 New Versions of the VoxOx Software: TelCentris, Inc., 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, Inc. has no obligation to make available to You any subsequent versions of the VoxOx Software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the VoxOx Software.

3.5 Suspension: TelCentris, Inc. may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the VoxOx Service, the VoxOx Software, and/or disable any VoxOx Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at TelCentris, Inc.'s discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

3.6 All free DIDs (telephone numbers) are the property of TelCentris, Inc. Stricter regulatory requirements and an increasing shortage of U.S. based telephone numbers are a continued concern in the Telecommunications world. As such, TelCentris, Inc. 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 Your account has been identified as "inactive", it could be removed from your account and re-circulated into the available number pool. If You would like to maintain an "inactive" DID (telephone number) that has been assigned to you, You will be given the option to pay a monthly fee to maintain that DID (telephone number) at the then determine rate for that service (currently $0.50 per month). In addition, if unforeseen taxes are imposed on DIDs (telephone numbers) that result in TelCentris, Inc having to pay additional fees or expenses, those costs may be passed on to You if you wish to keep your DID (telephone number).

3.7 No Emergency Calls: The VoxOx Software is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit nor any other kind of Emergency Service. You acknowledge and agree that: (i) TelCentris, Inc. is not required to offer access to Emergency Services under any applicable local and/or national rules, regulation or law; (ii) You must make additional arrangements to access Emergency Services and it is Your responsibility to purchase (separately from the VoxOx Software), traditional wireless or landline telephone services to obtain such access; and (iii) VoxOx is not a replacement for Your primary telephone service.

4. What we expect from You

4.1 Lawful purposes: You will use the VoxOx Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (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 or the communication; (c) 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 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: You represent and warrant that You are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the Terms, as well as 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: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TELCENTRIS, INC. 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 YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE VOXOX SOFTWARE, OR (D) COMMUNICATION SPREAD BY MEANS OF THE VOXOX SOFTWARE.

4.4 Utilization of Your Computer: If Your use of the VoxOx Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your license to use the VoxOx Software is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the VoxOx Software, You have obtained such consent.

4.5 Export Restrictions: As required by law, VoxOx is subject to United States export controls. VoxOx 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, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are 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, Inc. or You as set out below. The Additional Terms will be effective as of the date upon which they are accepted by You or You use the relevant VoxOx Service (as applicable), and will remain effective until terminated by either TelCentris, Inc. or You as set out below and/or in the applicable terms.

5.2 Termination: You may terminate the Terms with immediate effect at any time. Without limiting other remedies, TelCentris, Inc. may limit, suspend, or terminate this license and Your use of VoxOx Software and VoxOx Services, prohibit access to the VoxOx Website and delete Your User Account and/or User ID, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the Terms, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. TelCentris, Inc. shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to Your User Account. We reserve 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) You will immediately cease any and all use of the VoxOx Software and VoxOx Services; and (c) You will immediately remove the VoxOx Software from all hard drives, networks and other storage media and destroy all copies of the VoxOx Software in Your possession or under Your control.

5.4 New Versions: TelCentris, Inc. reserves the right to change this Agreement at any time by publishing the revised Agreement on the VoxOx Website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the VoxOx Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at www.voxox.com/terms.php. TelCentris, Inc. reserves the right to change any of the Additional Terms from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the VoxOx Website (unless You 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 terms if different.

6. Disclaimer of Warranties and Limitation of Liability

6.1 No Warranties: THE VOXOX SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; TELCENTRIS, INC. DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE VOXOX SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. TELCENTRIS, INC. FURTHER DOES NOT REPRESENT OR WARRANT THAT THE VOXOX SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES TELCENTRIS, INC. WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE VOXOX SOFTWARE.

6.2 Specific Disclaimer Of Liability For Emergency Services: TELCENTRIS, INC. DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE VOXOX SOFTWARE. NEITHER TELCENTRIS, INC. NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE VOXOX SOFTWARE TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 3.6 ABOVE.

6.3 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the VoxOx Software remains with You, to the maximum extent permitted by law.

6.4 No Liability: The VoxOx Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT TELCENTRIS, INC., ITS AFFILIATES, ITS LICENSORS AND THE TELCENTRIS, INC. STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE VOXOX SOFTWARE, AS SET FORTH BELOW. YOUR 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, INC., ITS AFFILIATES, ITS LICENSORS OR THE TELCENTRIS, INC. STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:

6.5.1 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; AND

6.5.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE VOXOX SOFTWARE;

6.5.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU 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 YOU OR BY TELCENTRIS, INC. FOR ANY REASON; AND

(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE VOXOX SOFTWARE TO YOU.

6.6 THE LIMITATIONS ON TELCENTRIS, INC.'S LIABILITY TO YOU IN PARAGRAPH 6.5 ABOVE SHALL APPLY WHETHER OR NOT TELCENTRIS, INC., ITS AFFILIATES OR THE TELCENTRIS, INC. STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

6.7 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF TELCENTRIS, INC.FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF TELCENTRIS, INC., THE TELCENTRIS, INC. STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

6.8 Jurisdiction's 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 to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.

7. Terms for Calling and Texting Plans

7.1 Fair Use. All plans are subject to the VoxOx Fair Use policy at www.voxox.com/fairusepolicy.php. VoxOx reserves the right to change the Fair Use Policy at any time. Changes shall become effective within thirty (30) days of publication of the revised version on the VoxOx website. Your continued use of your plan after expiry of the 30 day period shall constitute your acceptance to be bound by the terms and conditions of the revised Fair Use Policy.

7.2 Calling and Texting Plans are for individual use only. Each 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 TelCentris, Inc. reserves the right to withdraw or change the plans at any time. If TelCentris, Inc. makes any changes to a plan, VoxOx users will recieve a notification via email, stating the changes and their effective dates. If you do not wish to accept these changes, you are entitled to terminate your plan, in writing or by email by contacting our customer support team, with effect from the date on which the changes are due to take effect.

7.4 Restrictions. TelCentris, Inc. reserves the right to block certain high cost destinations in rural areas in the USA or in other countries.

7.5 In the event that there is, or TelCentris, Inc. suspects that there is, any fraudulent activity or misuse of your account, TelCentris, Inc. reserves the right to terminate your plan and close your account with immediate effect and without a refund.

7.6 You may terminate your subscription at any time. If you choose to pay for your plan monthly, or annually (as applicable), you acknowledge and agree that this is a recurring payment and payments shall be made to TelCentirs by the method you have chosen at the recurring intervals chosen by you, until the plan is terminated by you or by TelCentris, Inc.

7.7 Recurring payments for plans are linked to the credit card which you originally used to set up the recurring payment. If you change your credit card, then your recurring payment will be cancelled and you will not be able to continue to use the plan. However, you can use your new credit card to purchase a new plan.

8. Payments and Refund Policy

8.1 VoxPoints. You need to pay to use certain Products. To purchase payable Products You need a sufficient balance of VoxPoints, which is credit purchased by You (or an Administrator) from VoxOx and allocated to Your User Account (“VoxPoints”). You must deposit sufficient VoxPoints in Your User Account through Your credit card, or other means which may be made available by TelCentris. TelCentris, Inc. reserves the right to stop accepting credit cards from one or more issuers.

8.2 Restrictions. TelCentris, Inc. does not guarantee that You will be able to use Your VoxPoints balance to purchase all the payable Products. Certain Products may have to be paid for separately.

8.3 Credit expiration: A credit balance for VoxPoints in Your User Account expires 365 days after the last chargeable use of 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. You may submit a request for a refund by contacting VoxOx's customer services via our online web form. Refund requests carried out through other means shall not be eligible for the refund. No refunds shall be given for services paid or credit acquired through vouchers or gift cards. TelCentris, Inc. reserves the right to deny repetitive refund requests. You may ask for a refund with 24 hours of your payment. All refunds shall be paid either through the original payment method used, or any other reasonable payment method to be determined by TelCentris, Inc., and addressed to the person that deposited the credit initially. It may take up to 30 days to process refunds from date of your valid request date. TelCentris, Inc. will refund your credit balance in the event you terminate your account(s) as permitted under this Agreement or in the event that TelCentris, Inc. terminates this Agreement without cause. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.

9. Additional Terms

9.1 In addition to this Agreement, You have to comply with the following Additional Terms when receiving the VoxOx Software and the VoxOx Services. We expect You to read these Additional Terms carefully, all of which are made part of this Agreement:

Distribution of VoxOx Software. You are not allowed to distribute the VoxOx Software or any part thereof in a CD-ROM, DVD or other similar physical media. Any other distribution of the VoxOx Software is subject to paragraph 9.2 below.

VoxOx API. You are not allowed to use the VoxOx API unless You comply with the VoxOx API Terms.

VoxOx Online Material. You are not allowed to use the VoxOx Online Material unless You comply with the VoxOx Online Material Terms.

Products are provided by TelCentris, Inc. and are subject to the Terms of Service each respective service.

The use of www.voxox.com website is subject to the Terms of Use with TelCentris, Inc. at http://www.voxox.com.

If You want to provide chargeable services to other VoxOx Software users through the VoxOx Software as a service provider, You will need to comply with the Service Provider Agreement with TelCentris, Inc.

9.2 Any other exceptions: If You are interested in doing anything which is not permitted under this Agreement or by one of the above Additional Terms, You will have to obtain TelCentris, Inc.'s prior written consent and explicitly agree upon any further terms.

9.3 Your Confidential Information and Your Privacy: TelCentris, Inc. is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy at www.voxox.com/privacy.php sets out how TelCentris, Inc. may use Your personal data, the traffic data and the content contained in Your communication(s). If You object to Your information being used in the way set out in the Privacy Policy then please do not use the VoxOx Services.

10. Miscellaneous

10.1 Entire Agreement: The terms and conditions of the Terms constitute the entire agreement between You and TelCentris, Inc. 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 You or TelCentris, Inc. arising out of fraud or fraudulent misrepresentation.

10.2 Partial Invalidity: If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected.

10.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy. If TelCentris, Inc. waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

10.4 Assignment: You are not allowed to assign the Terms or any rights hereunder. TelCentris, Inc. is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.

10.5 Applicable Law and Competent Court: The Terms 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 the San Diego, California, USA.

10.6 Language: The original English version of the Terms 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 shall prevail.

10.7 Survival: The terms of paragraphs 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.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE 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, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO TELCENTRIS, INC. THE RIGHTS SET FORTH HEREIN.

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 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.