Terms Of Acceptance
This End User License Agreement constitutes a valid and binding agreement between Yappingo and You, as a user, for the use of the Yappingo Software. You must enter into this Agreement by clicking on the ACCEPT button in order to be able to install and use the Yappingo Software. Furthermore, by installing and (continuous) use of Yappingo Software you agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by Yappingo to show your approval of any foregoing texts and/or to download and install the Yappingo Software, you are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Yappingo 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 you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Yappingo Software. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, you may not enter into this Agreement and you may not download, install or use the Yappingo Software. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the Yappingo Software is allowed.
Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 Yappingo: means ("Yappingo" or "Our" or "We" or "Us")
1.2 API: application program interface that is included in or linked to the Yappingo Software.
1.3 Documentation: any online or otherwise enclosed documentation provided.
1.4 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above.
1.5 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as knowhow and trade secrets contained in or relating to the Yappingo Software, documentation, website or promotional materials.
1.6 Yappingo Promotional Materials: any and all names, signs, logos, banners and any other materials, in whatever form, owned and/or used by Yappingo for the promotion of its company, its products and activities.
1.7 Yappingo Software: the software distributed by Yappingo for internet telephony applications, including without limitation the API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.
1.8 Yappingo Staff: the officers, directors, employees and agents of Yappingo or its Affiliates, or any other persons hired by Yappingo or its Affiliates in relation with the execution of this Agreement.
1.9 Yappingo Website: any and all elements and contents of the website available published.
1.10 UI: the user interface of the Yappingo Software.
1.11 You: you, the end user of Yappingo Software, also used in the form "Your" where applicable
License and Restrictions
2.1 License. Subject to the terms of this Agreement, Yappingo hereby grants you a limited, personal, non-commercial (at home or at work), non-exclusive, non-sub licensable, non-assignable, free of charge license to download, install and use the Yappingo Software on your smartphone, computers and tablets for the sole purpose of internet telephony applications and any other applications that may be explicitly provided by us.
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 Yappingo Software.
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 Yappingo Software.
2.4 Third Parties. You acknowledge and agree that the Yappingo Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Yappingo emphasizes that it will only incorporate such third party software or technology for the purpose of (a) adding new or additional functionality or (b) improving the technical performance of the Yappingo Software. Any such third party software or technology that is incorporated in the Yappingo Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Yappingo 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 Yappingo or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Yappingo or its Affiliates to enforce any of your rights.
2.5 New Versions of the Yappingo Software. We, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Yappingo Software. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Yappingo Software. You also agree that 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 Yappingo Software. Furthermore, you acknowledge and agree that we, in its sole discretion, may modify or discontinue or suspend your ability to use any version of our software, or terminate any license hereunder, at any time. Yappingo also may suspend or terminate any license hereunder and disable any Yappingo Software You may already have accessed or installed without prior notice at any time.
2.6 Paid Services. This Agreement applies to downloading, installing and using the Yappingo Software, free of charge. The use of any paid services which may be offered by Yappingo or its Affiliates is subject to the additional Terms of Service that are published on our Website.
Exceptions to License Restrictions
3.1 Redistribution. You are not allowed to redistribute the Yappingo Software, unless You have agreed to and meet with the Distribution Terms that are published on our website.
Confidentiality and Privacy
4.1 You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding Yappingo, its Affiliates, staffs, the Yappingo software and the IP Rights, strictly confidential.
4.2 Yappingo is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy that is published on the Yappingo website applies to the use of your personal data, the traffic data as well as the content contained in your communication(s).
Communication and Your Use of the Yappingo Software
5.1 Communication. Installing Yappingo Software enables you to communicate with other Yappingo Software users.
5.2 No Warranties. Yappingo cannot guarantee that you will always be able to communicate with other Yappingo software users, nor can Yappingo guarantee that you can communicate without disruptions, delays or other communication-related flaws. Yappingo will not be liable for any such disruptions, delays or other omissions in any communication experienced when using Yappingo Software or any other issues over which Yappingo has no control.
5.3 No Control. You acknowledge and understand that Yappingo does not control, or have any knowledge of, the content of any communication(s) spread by the use of the Yappingo Software. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, indecent or otherwise objectionable. Yappingo will not be liable for any type of communication spread by means of the Yappingo Software.
5.4 No Emergency Services. You expressly agree and understand that the Yappingo Software is 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. Yappingo, its affiliates or Yappingo staff are in no way liable for such emergency calls.
5.5 Lawful purposes. You acknowledge and agree to use the Yappingo 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 Yappingo Software or the communication, or (c) send any unsolicited commercial communication not permitted by applicable law.
Term and (Consequences of) Termination
6.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Yappingo or You as set forth below.
6.2 Termination by Yappingo. Yappingo may terminate this Agreement at any time, with or without cause, by providing notice to you and/or by preventing your access to the Yappingo Software, as set forth in Article 2.5 above.
6.3 Termination by You. You may terminate this Agreement at any time, with or without cause, provided that you will meet with the conditions as set forth in Article 8.4 below.
6.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Yappingo Software shall terminate, and (b) will cease any and all use of the Yappingo Software, and (c) will remove the Yappingo Software from all hard drives, networks and other storage media and destroy all copies of the Yappingo Software in Your possession or under Your control.
Your Representations and Warranties; Indemnification of Yappingo
7.1 Representations. You represent and warrant that you are authorized to enter into this Agreement and comply with its terms. Furthermore, you represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Yappingo Software.
7.2 Indemnification. You agree to indemnify, defend and hold Yappingo, its Affiliates and the Yappingo Staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of your (a) violation or breach of any term of this Agreement or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Yappingo Software, or (d) communication spread by means of the Yappingo Software.
Disclaimer of Warranties
8.1 No warranties. THE YappingoSOFTWARE IS PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER; YappingoDOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE YappingoSOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. Yappingo FURTHER DOES NOT REPRESENT OR WARRANT THAT THE YappingoSOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES YappingoWARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE YappingoSOFTWARE.
8.2 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Yappingo Software remains with you, to the maximum extent permitted by law.
8.3 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.
Limitation of Liability
9.1 No Liability. The Yappingo Software is being provided to you free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT Yappingo, ITS AFFILIATES AND THE YappingoSTAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE YappingoSOFTWARE, AS SET FORTH BELOW.
9.2 Limitation of Liability. IN NO EVENT SHALL Yappingo, ITS AFFILIATES OR THE YappingoSTAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE Yappingo SOFTWARE, EVEN IF Yappingo, ITS AFFILIATES OR THE Yappingo STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE YappingoSOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH YappingoSOFTWARE.
9.4 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.
General Provisions
10.1 New versions of the Agreement. Yappingo reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the Yappingo website. Your continued use of the Yappingo Software shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement.
10.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between you and Yappingo with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
10.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
10.4 No waiver. The failure of Yappingo at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Yappingo
10.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
10.6 Assignment by Yappingo. Yappingo is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.
10.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Ireland conflict of laws or provisions of Ireland or Your actual state or country of residence.
10.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Ireland sitting in Ireland.
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 YappingoSOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONSITIONS AND GRANT TO Yappingo THE RIGHTS SET FORTH HEREIN.
Fair Use Policy
Summary
11.1. It is important to Yappingo that all eligible Yappingo customers are able to access our Services. Accordingly, We have devised a Fair Use Policy which applies to:
(a) usage of Yappingo calls(b) usage of promotions; and
(c) any other promotions which are advertised by Yappingo as subject to the Fair Use Policy ("Fair Use Promotions").
11.2. We reserve the right to vary the terms of the Fair Use Policy from time to time.
11.3. Yappingo may rely on the Fair Use Policy where your:
(a) usage of Yappingo calls(b) participation in a Fair Use Promotion, is excessive or unfair, as defined below.
Excessive Use
11.4. In the case of Yappingo calls, there are restrictions on the maximum number of calls and the duration of the calls.
11.5. In the case of Fair Use Promotions, what is excessive use will either be advertised by Yappingo at the time of the relevant promotion or included in this Fair Use Policy prior to the commencement of the relevant promotion.
Unfair Use
11.6. It is unfair use where you attempt to gain unauthorized access to any feature or part of Yappingo Services or Network by any illegitimate means.
11.7. It is unfair use where you use any device or software to interfere or attempt to interfere with the proper working of the Yappingo Services or any transaction being conducted on Yappingo Network.
11.8. It is unfair use where you forge headers or otherwise manipulate identifiers in order to disguise your origin. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity especially for Fair Use Promotion.
11.9. It is unfair use where you attempt to resupply a Yappingo Service without Yappingo prior consent.
11.10. It is unfair use where you use Yappingo Services or Network for any purpose that is unlawful or prohibited by this Fair Use Policy, or to solicit the performance of any illegal activity or other activity which infringes the rights of Yappingo
11.11. Yappingo may charge you a cost-price based rate for any subsequent calls to one of the destinations, terminate your account, or deny the use of the Yappingo service or features of it.
Payments / Credit
12.1. Credit, purchased using any payment method, is valid for an indefinite period of time. There is no limit to the maximum amount of credit per user account.
12.2. Unused credit, purchased by Credit Card, can be refunded within 90 days after purchase date by submitting a request at the customer service of the respective Yappingo.
12.3. Upon a duly submitted refund request for credit purchased by Credit Card, Yappingo will refund the credit balance, also in the event you terminate your user account.
Yappingo Credit Card payments will appear as Yappingo on your bank or card statement.
Last revised: April 2016.