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18Th Feb-2020
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE Vox-CPaaS PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO ALL THE TERMS OF OUR TERMS OF SERVICE AND THE PRIVACY POLICY.
IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE VOXCPAAS PORTAL.
Voxvalley enables its users (hereinafter at various places in the agreement interchangeable referred to as “they”, “their”, “you” or “your”), via its website (https://www.vox-cpaas.com) and (the https://developer.vox-cpaas.com), its API’s, SDK’s, its services or other means, use to build Voice and Messaging Applications (collectively, the “VoxCPaaS”). The Voxvalley website and CPaaS is owned and operated by Voxvalley Technologies Pte Ltd, a Singapore registered Company (“its”, “Voxvalley”, “we” or “us”).
Your use of the https://developer.vox-cpaas.com(the “Services”) is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
If You open an account on behalf of yourself, an individual, a company, organization, or other entity (hereinafter referred to as entity or user) then (a) “you” includes you and that entity, and (b) you represent and warrant that you are duly and validly authorized to grant all permissions and licenses provided in these Terms and bind the entity or user to these Terms, and that you agree to these Terms on the entity’s or user’s behalf.
As a customer, you agree to incorporate Voxvalley’s policies into your own solutions and ensure that your customers adhere to our policies. If you are accepting these terms of service on behalf of your employer or another entity or user, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity or user to these Terms of Service; (ii) you have read and understand these Terms of Service; and (iii) you agree, on behalf of the party that you represent, to these terms of Service.
By clicking on the “Signup” button or continuing to access and use the https://developer.vox-cpaas.com after our Terms of Service are modified, it is understood that you agree to such modifications. Therefore, you should review the Terms of Service prior to each use of the https://developer.vox-cpaas.com should you wish to continue to receive our services.
General
By registering for and/or using the Services in any manner, you agree that you have read, understand and accept these Terms of Service and all other Policies referenced herein, each of which may be updated from time to time.
These Terms of Service apply to all users of the https://developer.vox-cpaas.com and other Services, including, without limitation, users who send or submit content, information, and other materials or services, registered or otherwise, through the Services.
We may revise these Terms of Service at any time by updating this posting. You should check the https://developer.vox-cpaas.com from time to time to review the current Terms of Service, as they are binding on you. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages of the https://developer.vox-cpaas.com No information contain in the https://developer.vox-cpaas.com shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know. Any waiver of any breach or default by either Party will not constitute a waiver of any other right or any subsequent breach or default. Failure or delay by either Party to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision.
TERM:
The term of Services (“Term”) will commence upon your acceptance of these Terms of Service and will remain in effect until terminated by you or Voxvalley. You may terminate these Terms of Service with or without any reason. We may suspend your right and license to use any or all Services or terminate these Terms of Service in its entirety for any reason or for no reason, at our discretion by providing thirty (30) days advance notice. If Voxvalley determines that providing advance notice would negatively impact Voxvalley’s ability to provide Services, Voxvalley may suspend your right and license to use any or all Services or terminate these Terms of Service without any notice and with immediate effect.
Voxvalley may suspend your right and license to use the Service or terminate these Terms of Service for cause effective as set forth below:
Immediately upon our notice to you if (i) you violate any provision of these Terms of Service or we have reason to believe that you have violated these Terms of Service, (ii) there is an unusual spike or increase in your use of the Services for which there is reason to believe such traffic or activity is fraudulent, abusive, harmful, threatening, defamatory, offensive and/or negatively impacting the operating capability of the Service; (iii) we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (iv) you become the subject of a voluntary or involuntary bankruptcy or similar proceeding, or make an assignment for the benefit of creditors; and immediately and without notice if you are in default of any payment obligation with respect to any of the Services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism; or (v) if the balance of the account falls below $0.00 for more than 45days, the account will be suspended. If the account remains suspended for more than 30 days, all phone numbers associated with the account will be unrented. Unrented phone numbers will not be recoverable. If you do not use the balance or credits within one year after the purchase date any prepaid balance or credits purchased by you will be lapsed and Voxvalley is not obliged to refund any such prepaid balance or credits.
Upon our suspension of your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by you; (ii) you remain liable for all fees, charges and any other obligations you have incurred for usage/activity through the date of suspension with respect to the Services; and (iii) all of your rights with respect to the Services shall be terminated during the period of the suspension.
Upon termination of these Terms of Service for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; (ii) you remain liable for all penalties, charges, fines that may have been incurred by Voxvalley due to activity from your account even if such charges are incurred subsequent to your account termination (iii) all of your rights under these Terms of Service shall immediately terminate; and (iv) Voxvalley reserves the right to charge your card on file for any outstanding balance as well as any penalties, fines, charges due on your Voxvalley account.
Effect of termination:
Upon termination of this Agreement, (i) you should obtain a copy of any stored Customer Content within thirty (30) days after the effective termination date via the support@voxvalley.com (ii) Customer Content will be automatically deleted after 30 days of effective date of termination; and (iii) any data stored on the backup systems will be automatically deleted from the Voxvalley back-up systems after sixty (60) days from the effective date of termination. Any Customer Content archived on Voxvalley back-up systems will be securely isolated and protected from any further processing, except as otherwise required by applicable Law.
Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property”, “Fees”, “Content”, “Representations and Warranties”, “Disclaimers and Limitations of Liability”, “Indemnification”, “Applicable Law and Jurisdiction”, and “Use of the https://developer.vox-cpaas.com” and any other relevant and connected clauses of these Terms of Service.
You agree that Voxvalley shall not be liable to you or to any third party for any modification, suspension or discontinuation of the https://developer.vox-cpaas.com
Amendments or Updates to Terms of Service:
We may, in our sole discretion, amend or modify the Terms of Service. You must keep checking the site for any applicable new or modified Terms of Service periodically. The “Last Updated” date at the top the Terms of Service will indicate when the latest modifications were made.
Changes or Variations to Services:
Our Services may change over time or from time to time. You are responsible for keeping updated about the changes or variations in our services following the information published on our website. Unless explicitly stated otherwise, any new features provided by Voxvalley that augment or enhance the https://developer.vox-cpaas.com shall be subject to these Terms of Service.
Privacy Policy:
Use of the https://developer.vox-cpaas.com is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of these Terms of Service. Please review our Privacy Policy carefully. Our Privacy Policy is updated to ensure compliance with all applicable laws. By using this https://developer.vox-cpaas.com you agree to be bound by the terms of our Privacy Policy.
Intellectual Property:
You acknowledge that all materials in and at the https://developer.vox-cpaas.com, including its designs, trademarks, service marks, logos (the “Marks”), graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Voxvalley and/or its licensors, and are subject to and protected by applicable intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Voxvalley authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Voxvalley. Voxvalley Marks contained or described at our https://developer.vox-cpaas.com are the sole property of Voxvalley and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Voxvalley. Voxvalley reserves the right to enforce its intellectual property rights to the fullest extent of the law.
You may not support, nor allow any third party to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the https://developer.vox-cpaas.com for any purpose whatsoever.
Authorized User of Voxvalley Services:
You may use our Services to develop your software applications or website (an “Application”) that interfaces with the https://developer.vox-cpaas.com, and allow access to the https://developer.vox-cpaas.com through interface with and authorized use of your Application, subject to adherence with these Terms of Service. You hereby acknowledge that Voxvalley may change, deprecate or republish the https://developer.vox-cpaas.com (including any APIs or SDK’s), or feature of the https://developer.vox-cpaas.com from time to time, and that it is your responsibility to ensure that calls or requests you make to or via the https://developer.vox-cpaas.com are compatible with then current https://developer.vox-cpaas.com. We will attempt to inform you of any material changes with reasonable notice so that you can adjust your Application, but we are under no obligation to do so.
You and any Applications that you may build, distribute, or otherwise create may make network calls or requests to the https://developer.vox-cpaas.com, or may receive phone calls via the VoxCPaaS, at any time that the https://developer.vox-cpaas.com is available provided that those requests do not violate these Terms of Service.
ou may use the https://developer.vox-cpaas.com to execute Applications owned or lawfully obtained by you, and you are solely responsible for such Applications, including any data, text, images or content contained therein. You are responsible for all traffic originating from your Applications or using your account credentials to the https://developer.vox-cpaas.com. Therefore, you should protect your authentication keys and security credentials. Any action taken with your credentials are deemed to be actions taken by you, with all consequences including payments, service termination, civil and criminal penalties.
For the avoidance of doubt, your use of the https://developer.vox-cpaas.com and the https://developer.vox-cpaas.com is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through use of our https://developer.vox-cpaas.com, these Terms of Service or otherwise. All Marks, including domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the https://developer.vox-cpaas.com remain the property of Voxvalley or its affiliates or licensors.
Lawful Use of (Portal https://developer.vox-cpaas.com)
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law.
By accessing the website, you warrant and represent to us that you are legally entitled to do so and to make use of information available via the Website.
Downtime and Security:
Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and we shall also be entitled, without any liability to you, to suspend access to or shut down all of the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any of the Services; (b) in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, may create a risk to the Services, to you or to any of our other customers if the Services were not suspended; (c) in the event of a violation by you of the Voxvalley Authorized Use Policy https://voxvalley.com/acceptable-use-policy/; or (d) in the event that we determine that any of the Services is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”) including and not limited to attempting additional calls per second than allowed or spamming end users in a prohibited manner. Voxvalley shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide you notice of any Service Suspension and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your content including all audio recordings associated with your account. Subject to any terms as documented in a written addendum hereto, Voxvalley will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your content.
Fees.
We offer free trial of our SDK and API (Audio, Video, and Chat).
Our Free trial expires upon Earlier happening of the below:
Free Services are limited to one per person, and if we find that you have created multiple free trial accounts, we reserve the right to suspend those accounts and take actions to prevent additional violations. Free Services come with the amount of services set forth here. We may provide notice to you upon reaching 60% to 80% of the amount of usage of services offered under our free Trial, but may shut off your account without notice upon reaching the maximum amount of services under the free trail.
To the extent the Services are made available for a fee, you agree to pay all applicable fees. Our current fee schedule for our priced plans are set forth under this Portal or in the communication sent to you by Voxvalley. You agree to pay any carrier costs, such as fees for porting your existing telephone numbers into or out of the Services. Voxvalley reserves the right to increase or add new fees to any of its Services without advance notice or with Thirty (30) days intimation. Your continued use of the Services even after a price change becomes effective constitutes your agreement to pay the revised amount(s). All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You will provide such information to us as reasonably required to determine whether we are obligated to collect VAT from you. You are responsible for any charges imposed on Voxvalley by a carrier related to government fees for telecommunications, including but not limited to, Universal Service Fund fees, if applicable. You are responsible for any charges to be imposed due to any penalties, charges, fines that Voxvalley may have been charged by a carrier or any other government/regulatory agencies.
We may specify the manner in which you will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. All amounts payable by you under these Terms of Service will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, You shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, you shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.
You may recharge your Voxvalley account by making payments through wire transfer/ net banking / online payment. You understand and agree that if any such recharge is done through wire transfer, then your Voxvalley Account will be recharged to the extent of the amount credited to our account, less any applicable charges, within three (3) working days from the date of transfer. Your Voxvalley account will stand recharged only once the funds so transferred are received in our account. You will be responsible for taking into account any applicable bank charges whilst undertaking the wire transfer. You hereby represent and warrant that in case of any wire transfer, you have complied with all applicable laws, including without limitation, any foreign exchange laws. You agree to take into account such processing time and ensure that you have sufficient credit to continue to use the services till such time your account is recharged.
Voice calls while using Voxvalley’s services are subject to carrier regulations within the region of use and the region that the call is made and or received. When using the uhttps://developer.vox-cpaas.com platform, the following conditions and surcharges will apply:
The terms and conditions applicable for the Voice calls which are either abandoned, short duration, or missed calls, or dropped calls shall be in accordance with the T & C‘s of the respective service operators.
Any Voxvalley account usage that occurred due to fraudulent attack(s) on your website or application will be your own and sole responsibility. Voxvalley has no liability or responsibility towards any such attacks or traffic. Further, all costs related to usage of services in such a scenario will need to be paid for in full by you. Voxvalley will provide reasonable assistance that you may require for any legal verification that is within its responsibility and ability to do so. In such a scenario, this can affect the credit rating of your Company and any special privileges that Voxvalley may be offering to your Company. Some of the Voxvalley services will require a verified address prior to service activation. In the event of any information request from a law enforcement authority or the end Carrier, You will need to provide such information within a 24 hour period. You will be responsible to ensure that the end-user information is compliant with service restrictions applicable. Voxvalley is not under contractual obligation to provide any subpoena or legal documentation while requesting for additional information.
Fee Disputes:
If you have any dispute with regards to fees associated with your account, please contact us through our support portal at https://www. voxvalley.com/contact/support within seven (7) days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. If we decide in our sole discretion there may be a refund then any such refunds issued to resolve such a dispute shall be issued as credits to your account, but in no event shall there be any cash refunds. Disputes older than seven (7) days shall not be entitled to any refunds or credits.
Third Party Sites:
Links to third party websites are provided only as a convenience to you. If you use these links, you will leave the https://developer.vox-cpaas.com and potentially the https://developer.vox-cpaas.com. Voxvalley does not control or endorse any third party websites. You agree that the Voxvalley Parties, as defined below will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this https://developer.vox-cpaas.com, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Voxvalley expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
Use of Voxvalley Portal:
You may be required to establish an account at this https://developer.vox-cpaas.com in order to take advantage of certain features of this https://developer.vox-cpaas.com. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the https://developer.vox-cpaas.com; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Voxvalley has reasonable grounds to suspect that such information is false, inaccurate or outdated, Voxvalley has the right to suspend or terminate your account and prohibit any and all current or future use of the https://developer.vox-cpaas.com (or any portion thereof) by you.
Upon using Voxvalley services, you hereby grant us permission to use your trade names, trademarks, service marks, logos, domain names and the like, for the purpose of promoting and / or advertising your use of Voxvalley services. In addition, Voxvalley may request testimonials and create case studies, for the purpose of joint marketing and public relations efforts that will be published on our website and shared with current and potential customers.
You may be prompted to create a username and password to use certain features of the https://developer.vox-cpaas.com or participate in the https://developer.vox-cpaas.com. Voxvalley will use this information solely as authorized by you as pursuant to these Terms of Service or explicit authorization, and subject to our Privacy Policy. You are responsible for all activities that occur under your password or account. Your account is meant to be private and you shall not share accounts, use another member’s account, nor allow others to use your account for any reason. You agree to: (a) immediately notify Voxvalley of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the https://developer.vox-cpaas.com, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Voxvalley at support@voxvalley.com. Voxvalley cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Use of the Services is further conditioned upon adherence to Voxvalley’s Acceptable Use Policy, which is hereby incorporated by reference. Voxvalley reserves the right to suspend or otherwise terminate the Services upon any violation by you, your agents or your customers of the AUP.
Additional Information Regarding the Use of Voxvalley SMS Short Code Service:
Cancellation of any Short Code services must be provided in writing at least forty five (45) days prior to the Short Code rental renewal date.
All Short Code fees are non-refundable and non-transferable.
After cancellation of short code service:
You further agree that you will not access the https://developer.vox-cpaas.com by any means except through the interface provided by Voxvalley for access to the https://developer.vox-cpaas.com, and that you will follow all carrier guidelines. Creating or maintaining any link from another website to any page at the https://developer.vox-cpaas.com without the prior authorization of Voxvalley is prohibited. Any permitted links to the https://developer.vox-cpaas.com must comply with all applicable laws, rule and regulations.
Content:
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You acknowledge that all Content accessed by you using the https://developer.vox-cpaas.com is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You retain your rights to any Content you submit, post or display on or through the https://developer.vox-cpaas.com
For purposes of these Terms of Service, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the https://developer.vox-cpaas.com
Representations and Warranties:
You represent and warrant that you will not use the Services or your Application in a manner that violates these Terms of Service, including the AUP and Privacy Policy or other addenda incorporated by reference hereto. You also acknowledge and understand that Voxvalley does not currently allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). The Services are not intended to replace any primary phone service, such as a traditional landline or mobile phone that may be used to contact emergency services.
You represent and warrant:
(i) that You are solely responsible for the development, operation, and maintenance of your Application and Content, including without limitation, the accuracy, appropriateness and completeness of your Content; (ii) that you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display your Application and your Content; (iii) that neither your Application nor Content (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) that neither your Application nor Content contains any harmful components; and (v) that Voxvalley is not responsible to you for indemnification or directly to any of your customers or clients if you offer services (including your Application(s)) based on the https://developer.vox-cpaas.com. You also represent and warrant that you are responsible for any charges incurred by your use of the Application, no matter whether the Application acted in error or due to any fraudulent attack on your website or Application.
Limited Warranty and Disclaimer
The Services and contents are provided “as-is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, quality (e.g. at to latency and throughput), and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our suppliers, partners and licensors, and each of our and their respective officers, directors, employees, and agents, do not warrant (and hereby expressly disclaim all warranties) that:
Indemnification and disputes:
Indemnification:
You agree to indemnify, defend and hold harmless the Voxvalley Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the https://developer.vox-cpaas.com, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the https://developer.vox-cpaas.com, your breach of these Terms of Service, your infringement or violation of any rights of another, violation of the AUP by you, your end-user customer or any third party agents or affiliates, or termination of your access to the https://developer.vox-cpaas.com. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
You shall defend and indemnify us, our affiliates, suppliers, and partners, and each of our and their respective employees, contractors, directors, officers, and representatives from and against any and all damages, liabilities, claims, demands, obligations, losses, fines, penalties, and expenses, including without limitation reasonable attorney’s fees and costs, that arise from or relate to: a. your user content, b. your use or misuse of, or access to, the Services or content, and/or c. your violation of these Terms of Service, or violation or infringement by you, or any third Party using your Account, of any intellectual property, privacy, or other right of any person or entity. We agree to promptly notify you of any such claim, to permit you to control the defense and/or settlement thereof (except to the extent such claim relates to our platform, other Services, or intellectual property or other rights, in which case we reserve the right to assume the exclusive defense and control of such matters and you will assist and cooperate with us in asserting any available defenses). Any relevant Terms of Service, Policies and notices shall be governed by and construed in accordance with the laws of Singapore without giving effect to any principle of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Singapore in respect of any disputes arising in connection with the website, or any relevant Terms of Service, Policies and notices or any matter related to or in connection therewith.
BETA SERVICES:
From time to time, we may make available to You, Alpha or Beta Services, Products, Features, Functionality, API’s, SDKs or Documentation (“BETA SERVICES”).
BETA SERVICES may contain bugs, defects and may not meet any service levels or operate without any service downtime. BETA SERVICES are provided to you “AS IS”, and are not considered under the scope of this Agreement. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available. We may suspend or terminate your access to or use of any BETA SERVICES at any time and for any reason. We will have no liability for any harm or damage arising out of or in connection with a Beta Service. You may choose to try such Beta Services in Your sole discretion.
You further understand and agree that you will have use of the telephone number(s) that are provided as part of the Services only until the end of the Term. You understand and agree that Voxvalley is the customer of record for all telephone number(s) provided as part of the Services and, therefore, Voxvalley has certain rights with respect to porting of the number(s) (“Porting” is causing or attempting to cause number(s) to be transferred, switched, or otherwise moved to any other service provider, telephone carrier, or any other person or entity). As the customer of record for the telephone number(s), Voxvalley owns the telephone number(s) assigned to you. Voxvalley reserves the right to refuse to port any telephone number(s) in its sole discretion. You will need to pay in full all outstanding balances on your Voxvalley account(s) prior to Voxvalley initiating any Porting requests.
Disclaimers and Limitations of Liability;
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE https://developer.vox-cpaas.com IS AT YOUR SOLE RISK. THE https://developer.vox-cpaas.com, AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, VOXVALLEY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “VOXVALLEY PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE VOXVALLEY PARTIES MAKE NO WARRANTY THAT: (I) THE https://developer.vox-cpaas.com WILL MEET YOUR REQUIREMENTS; (II) THE https://developer.vox-cpaas.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE https://developer.vox-cpaas.com WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE https://developer.vox-cpaas.com WILL BE CORRECTED.
THE VOXVALLEY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE https://developer.vox-cpaas.com, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE https://developer.vox-cpaas.com; OR (V) FOR ANY OTHER MATTER RELATING TO THIS https://developer.vox-cpaas.com, OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VOXVALLEY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE https://developer.vox-cpaas.com AND THE VOXCPAAS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE VOXVALLEY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE https://developer.vox-cpaas.com, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE https://developer.vox-cpaas.com; OR (V) FOR ANY OTHER MATTER RELATING TO THIS https://developer.vox-cpaas.com, OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VOXVALLEY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE https://developer.vox-cpaas.com AND THE VOXCPAAS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
VOXVALLEY AND VOXVALLEY PORTAL (https://developer.vox-cpaas.com) DOES NOT AND IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. “EMERGENCY SERVICES” SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS SUCH AS 911 OR E911 SERVICES. NEITHER VOXVALLEY NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY 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 VOXVALLEY OR ITS SERVICES TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.
Applicable Law and Jurisdiction:
Your use of the https://developer.vox-cpaas.com is governed by and will be enforced under the laws of Singapore without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located at Singapore. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
YOU AND VOXVALLEY BOTH AGREE TO AMICABLY RESOLVE DISPUTES INITIALLY BY MEDIATION BETWEEN MANAGEMENT OF BOTH PARTIES AND IF THAT FAILS THEN BY WAY OF ARBITRATION BEFORE A SOLE ARBITRATOR APPOINTED BY VOXVALLEY. YOU AND VOXVALLEY ALSO BOTH AGREE THAT:
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, may be referred to and finally resolved by sole arbitrator appointed by Voxvalley following the arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The place and seat of the arbitration shall be Singapore. The language of the arbitration shall be English. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THESE TERMS OF SERVICE.
IF EITHER YOU OR VOXVALLEY INTENDS TO SEEK ARBITRATION UNDER THESE TERMS OF SERVICE, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST THIRTY(30) DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO VOXVALLEY SHOULD BE SENT AS REQUIRED BY THESE TERMS OF SERVICE. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF YOU AND VOXVALLEY ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN THIRTY(30) DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.
AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
Procedure for Notifying the Company of Copyright Infringement:
Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the member responsible for posting said material. The posting of infringing copyrighted material may result in the termination of member privileges of said responsible member.
Miscellaneous:
These Terms of Service constitute the entire and only Terms of Service between Voxvalley and each user of the https://developer.vox-cpaas.com with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Voxvalley Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service.
No action arising out of this Terms of Service or your use of the regardless of form or the basis of the claim, may be brought by you more than Thirty (30) Days after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Please see our Privacy Policy page for more info.
Customer Service:
If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may reach us through our support@voxvalley.com
Reporting vulnerabilities:
We take the security of our systems seriously and we also value the developer community. Our responsible disclosure policy promotes the discovery and reporting of security vulnerabilities to help us ensure the security and privacy of our users. If you are a security researching please follow the guidelines and steps below to report vulnerabilities.
Guidelines
We require all security researchers to:
Scope
Voxvalley.com and its subdomains
Voxvalley’s products and services
Out of Scope
Any services hosted by Third party providers and services are excluded from scope.
In the interest of the safety of our users, staff, the Internet at large and you as a security researcher, the following test types are excluded from the scope:
Things we do not want to receive AND you should NOT submit to us
Under no circumstances should the following information of individuals be submitted including but not limited to Voxvalley customers and employees:
How to report a security vulnerability?
If you believe that you have found a security vulnerability in one of our products or platforms, please send it to support@voxvalley.com and include the following details with your report:
Description, and potential impact of the vulnerability;
A detailed description of the steps required to reproduce the vulnerability. If possible, please include POC scripts, screenshots, and compressed screen captures, as they will be helping us in identifying the issues more quickly.