Effective Date: April 15th, 2018
Last Modified: January 3rd, 2019
ARTICLE 1 - DEFINITIONS:
The parties referred to in this Agreement shall be defined as follows:
a) Company, us, we: Snow Labs, Inc., as the creator, operator, and publisher of Intelifone, makes Intelifone, and certain Services on it, available to its users. Snow Labs, Inc., Company, us, we, our, ours and other first-person pronouns will refer to Snow Labs, Inc., as well as all employees and affiliates of Snow Labs, Inc.
b) You, the User: You, as a User of Intelifone or as a User of any of the Intelifone Services, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User.
c) Parties: Collectively, the parties to this Agreement (the Company and you) will be referred to as "Parties".
ARTICLE 2 - ASSENT & ACCEPTANCE:
By using Intelifone, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the Intelifone mobile application and cease any use of the Intelifone Services. The Company only agrees to provide use of Intelifone and the Services to you if you assent to this Agreement. BY USING INTELIFONE, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BE BINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION. FURTHER INFORMATION CAN BE FOUND IN ARTICLE 29C BELOW.
ARTICLE 3 - AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use Intelifone or any Services contained herein. By using Intelifone, you represent and warrant that you are at least 18 (eighteen) years of age and may legally enter into a binding contract with Intelifone. We disclaim any liability for any misrepresentation of your or any other user's age. You further represent and warrant that you are not currently on, and have never been on, any sex offender registry in any local, state, or federal jurisdiction, that you are not a convicted felon and that you are not prohibited from using Intelifone under the laws of the United States or any applicable jurisdiction. Specifically, you represent and warrant that you are not on the U.S. Treasury Department's list of Specially Designated Nationals. The Company assumes no responsibility or liability for any misrepresentation of your age.
ARTICLE 4 - DESCRIPTION OF SERVICES:
Intelifone is a mobile application whereby Users can make outgoing calls against credits purchased in advance over internet networks. Such credits are purchased via the “In-App Purchase” feature on Apple mobile devices, discussed further below. Through the use of Intelifone, Users can send messages and make low-cost international calls, and utilize voice conferencing.
Your use of Intelifone begins when you download the application. After downloading, you will be asked to register with us by allowing Intelifone to identify you based on the iCloud account configured on your device.This will allow you access to Intelifone and the Service thereon. Please be advised that any device signed into your specific iCloud account will be permitted to access Intelifone as well as all the services provided thereon. You are responsible for maintaining adequate security and control of any and all iCloud account information and the devices through which you are logged in. You are responsible for keeping your iCloud account information and other contact information up-to-date with Intelifone.
ARTICLE 4.1 - PRO-LEVEL SUBSCRIPTION
Users may choose to sign up for a pro-level subscription plan with Intelifone. By signing up for a pro-level subscription plan, you will receive a designated number of credits each month for the monthly price displayed in the Mobile Application.
Intelifone may, in its sole discretion offer special opportunities and/or pricing for pro-level subscriptions. For example, Intelfone may offer promotions whereby a User’s purchase of a subscription plan entitles said User to additional or “extra” credits at the end of every monthly billing cycle. In such case, the User will receive these additional credits (if any) at or near the end of every monthly billing cycle, when the identified credits will be credited to the User’s account. Should a User’s subscription be cancelled or terminated for any reason, any resulting additional credits will be credited to the User once the User’s subscription is renewed.
As described in this Agreement, pro-level subscriptions are designated for individual use only and all such use must comply with Intelifone’s Fair Use policy as provided in Article 6 below.
Intelifone may at its option, terminate its subscription relationship with you, or may suspend your subscription immediately, for any reason or no reason, including if Intelifone determines you are using your subscription contrary to the terms in this Agreement. Intelifone reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Should Intelifone terminate a User’s subscription as provided in this section, the User’s subscription will expire at the end of the current billing period, unless provided otherwise by Intelifone. Where reasonable, Intelifone will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, Intelifone may offer you an alternative subscription.
Intelifone reserves the right to withdraw or change the pro-level subscriptions at any time. If Intelifone changes the Services included in your subscription, Intelifone will notify you by email stating the changes and their effective date. If you do not wish to accept these changes, you are entitled to terminate your subscription, which shall be effective at the end of your current billing period.
By selecting a pro-level subscription, it is important to understand that Users are not purchasing a phone number through Intelifone; instead, the User is renting the designated number for the term of the User’s pro-level subscription. As such, Users may not assign or transfer a designated number to any third-party or “port” any number to any carrier or third-party company.
Should a User’s pro-level subscription end for any reason (including but not limited to, the user’s decision, accident, or oversight, Intelifone’s termination of such subscription, or for unforeseen reasons, including service interruption); should the pro-level subscription not be restored within seven (7) days of the end of the subscription, there is no guarantee that the User will be assigned the same phone number when/if a subscription is renewed.
ARTICLE 4.2 - MESSAGING
Part of the Intelifone Service includes an integrated and customized messaging feature whereby Users may send and receive text messages and multimedia messages (“MMS”) between phone numbers. Messages may not be sent or viewed without a pro-level subscription plan.
Standard rates, as identified in the Mobile Application, apply to text messages. However, such rates will be increased depending on the length of a text message and if the messages contains MMS (based on the size and content of the MMS). In addition, messages containing MMS or special characters, and messages exceeding a certain length, will be automatically split into multiple portions and will incur resulting additional charges. Intelifone will attempt to provide Users with an estimated charge for each message before such message is sent. However, Users acknowledge that any such displayed price is only an estimate, and Intelifone will not accept responsibility and will not be held liable should the actual prices charged differ materially from the estimated price displayed as many of the resulting deviations are based on third-party price controls.
Intelifone reserves the right to block unsolicited messages, but you may receive unsolicited messages. In addition to other penalties provided by law, anyone who uses the Intelifone to send "spam" risks having his or her service terminated and/or his or her messages blocked.
The system will attempt delivery of the message for up to five (5) days from the date of receipt by Intelifone. After five (5) days, messages not delivered will be automatically deleted. Intelifone cannot guarantee that messages will be received. Intelfione is not responsible for messages that are lost or misdirected. Intelfione is not responsible for information sent using messaging services. In any case, regardless of whether a sent message is actually received, the user will be charged for sending the message.
All messages will be automatically stored during a user’s pro-level subscription and will be deleted after a subscription’s expiration. Messages containing MMS are automatically deleted after 90 days.
ARTICLE 5 - SERVICES NOT FOR EMERGENCIES:
By using Intelifone, you acknowledge and agree that Intelifone is an application designed to provide for messaging and low-cost international calling and other enhanced call features. Intelifone is not meant to provide, nor does it allow for, calling to any emergency numbers, for example, to 911 or other public access numbers. Intelifone assumes no liability for any unsuccessful outbound calls and/or messages and has no responsibility to provide access to emergency numbers or services under any applicable law. You acknowledge and agree that it is your sole and exclusive responsibility to maintain traditional telephone services for access to emergency numbers and that Intelifone does not and can not replace traditional telephone services.
ARTICLE 6 - INTELIFONE FAIR USE:
Intelifone may, at any time and for any reason, refuse the Services to anyone. Such refusal may be due to external factors, such as the geographic location of Users, or may be a refusal at Intelifone’s discretion.
Users may not use Intelifone to further any fraud or abuse. All Users must abide by the Acceptable Use Policy located elsewhere in this Agreement. Additionally, Users may not use Intelifone:
ARTICLE 7 - PAYMENT & BILLING:
Intelifone permits provision of purchases within the application for call credits, messages, or pro-level subscriptions. Any such purchases will be processed by the owner and operator of the application store located on your device, the Apple iTunes Store. Purchases made within the application are a result of the relationship between you and the Apple iTunes store and subject to their user agreement, which can be accessed below.
Apple iTunes: http://www.apple.com/legal/internet-services/itunes/us/terms.html
Your payment and billing information, including, but not limited to, your credit card or debit card and billing address, will be processed only through the Apple iTunes store. At the time of your purchase of the credits, you will pay the amount required and you will be shown a breakdown of what you will be billed. You hereby authorize the charge on your Apple iTunes account through Intelifone.
Unless stated otherwise, all rates and prices are in the currency of the United States of America.
Rates for call credits, messages, and pro-level subscriptions, may change at any time and for any reason, with or without notice. Intelifone does not warrant that you will be prior advised of such rate changes.
Through your use of Intelifone, you may be subject to additional charges, such as charges for certain calls to certain geographic locations or unusual devices or messages containing MMS or messages exceeding a certain length.
As Intelifone uses the internet to connect your calls, data fees by your service
provider are always applicable, including “roaming” charges if attempting to use Intelifone abroad or in areas not covered by your mobile provider’s rate plan.
A minimal charge of $0.01 will be applied for calls to unanswered numbers or busy lines. Calls must be limited to 90 (ninety) minutes or less, but the specifics of how long a User’s call may be under 90 (ninety) minutes will be dependent upon the amount of a credits in the User’s account. Calls with automatically disconnect at the expiration of the credits or at the 90 (ninety) minute mark.
Pro-level subscription plans will also be processed through the Apple iTunes store. If you choose to sign up for a subscription, you authorize us to charge, through the Apple iTunes store, the amount disclosed to you each month until your requested cancellation, which may be done by visiting the “Subscriptions” section of your Apple account and canceling Intelifone.
You may modify your payment information through the Apple iTunes store.
You hereby acknowledge and agree that you must keep your payment and billing information with Apple up-to-date and accurate for the ongoing provision of Services to you.
If your use of the Services exceeds your available credits, and your account balance becomes negative, you authorize Intelifone to automatically charge your payment method and/or seek reimbursement so that the account balance is no longer negative (to cover previously selected Services). If you utilize Services requiring a minimum balance, and your account balance falls below that minimum, you authorize Intelifone to automatically charge your payment method and/or seek payment to maintain that minimum balance. Should Intelifone be unable to automatically charge your payment method and/or receive reimbursement, your Services and/or subscriptions with Intelifone will be interrupted. In such case, there is no guarantee that you will later be able to recover your previously assigned phone number or messages.
Intelifone does not offer refunds for credits purchased on or through the application. Credits will be valid for a period of 12 (twelve) months from purchase. If credits are not used within the 12 (twelve) month period, they will be forfeited. Credits may not be transferred to other users.
Intelifone may, from time-to-time, offer you promotional payment information or discounts, in our sole and exclusive discretion. If we do so, you acknowledge and agree that we are under no obligation to continue offering or providing such promotions or discounts and that we may cease such promotions or discounts at any time.
ARTICLE 8 - LICENSE TO USE MOBILE APPLICATION:
The Company may provide you with certain materials as a result of your use of Intelifone or the Services. Such materials may include, but are not limited to, the entirety of the app, documentation, data, or information developed by the Company, and other materials which may assist in your use of Intelifone or the Services ("Company Materials"). Subject to this Agreement, the Company grants you a personal, non-exclusive, limited, non-transferable and revocable, worldwide and royalty-free license, to use the Company Materials solely in connection with your use of Intelifone and the Services. The Company Materials may not be used for any other purpose and this license terminates upon your cessation of use of Intelifone or the Services or at the termination of this Agreement.
ARTICLE 9 - INTELLECTUAL PROPERTY:
You agree that Intelifone and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents and other intellectual property, including, but not limited to, Snow Labs, Inc., Intelifone, and any other trademarks or service marks found on the Intelifone mobile application ("Company IP"). The Company IP also includes a copyright in the entirety of the Intelifone mobile application. You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
ARTICLE 10 - INTERACTIONS WITH OTHERS:
Intelifone is designed for communication between individuals. However, Snow Labs, Inc. hereby expressly disclaims any and all responsibility for the actions, interactions, conduct, communications or other relationships of any users on or off of Intelifone.
Snow Labs, Inc. encourages all users to look out for their own safety at all times. As such, please be reminded of basic safety tips, such as to never disclose financial or other official personal documentation through the internet with anyone.
You hereby acknowledge and agree that Snow Labs, Inc. is not responsible or liable in any way for your actions with others and that your actions and interactions are your sole and exclusive responsibility.
ARTICLE 11 - ACCEPTABLE USE POLICY:
You agree not to use Intelifone or the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use Intelifone or the Services in any way that could damage Intelifone, the Services, or general business of the Company.
You further agree not to use Intelifone or the Services:
You acknowledge and agree that we may terminate your account at any time if you violate any of the terms of this Agreement, at our sole and exclusive discretion. Intelifone may also take further action, such as notifying the appropriate authorities, removing any content that you may have posted, or other such action as we deem appropriate. Intelifone may also stop any transaction which the Company believes may be harmful to the public, or the Company, or otherwise poses any unacceptable risk.
ARTICLE 12 - EXPORT CONTROLS:
You hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. You agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the Sanctions Control Program of the United States.
ARTICLE 13 - SERVICE CHANGES:
At our sole and exclusive discretion, we may offer additional Services, or we may update, modify or revise any current content and Services. If we do so, this Agreement shall apply to any and all additional Services and/or products, and any and all updated, modified or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as the end User, acknowledge, accept, and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications. Should you not agree to the updates, revisions, or modifications, you must stop using the Intelifone mobile application and Services immediately.
ARTICLE 14 - REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
ARTICLE 15 - DATA LOSS:
The Company does not accept responsibility for the security or consistency of your account or the Services, including the possibility of loss of text messages, multimedia messages, missed calls, disconnected calls, or other interruptions.
While Intelifone attempts to maintain the safety and security of the Services according to industry standards, no transmission of data via the internet is completely secure. Thus, you agree that your use of Intelifone or Services is at your own risk.
ARTICLE 16 - INDEMNIFICATION:
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of Intelifone or Services, your breach of this Agreement, or your conduct or actions, or the conduct or actions of any other Intelifone user in relation to you. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
California residents who may access Intelifone hereby waive California Civil Code Section 1542, the text of which is as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If any comparable statute, regulation, or doctrine exists in your jurisdiction, you hereby waive such statute, regulation, or doctrine, as well.
ARTICLE 17 - SPAM POLICY:
You are strictly prohibited from using Intelifone or any of the Company's Services for illegal spam activities, including gathering email addresses, phone numbers or other personal information from others, sending mass commercial emails or making mass commercial phone calls or text messages.
ARTICLE 18 - THIRD-PARTY LINKS & CONTENT:
The Company may display, include, or make available, third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party mobile applications, websites or services. You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume, and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
ARTICLE 19 - MODIFICATION & VARIATION:
The Company may, from time to time and at any time without notice to you, modify this Agreement. If we do so, we will change the “Last Modified” date at the top of this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting online, on Intelifone, and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to, or incorporated into, the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to do so only after Intelifone has been fully closed and reopened to avoid accessing a prior version of this Agreement. You agree that your continued use of Intelifone after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
ARTICLE 20 - GEOGRAPHIC RESTRICTIONS:
Snow Labs, Inc. is based in the state of New York, in the United States. We market specifically to users in the United States and European Union. We make no claims that Intelifone or any of its content is accessible or appropriate outside of the United States or European Union. Access to the Mobile Application may not be legal by certain persons or in certain countries. If you access the Mobile Application from outside the United States or European Union, you do so on your own initiative and are responsible for compliance with local laws.
ARTICLE 21 - SERVICE INTERRUPTIONS:
The Company may need to interrupt your access to Intelifone to perform maintenance or emergency services on a scheduled or unscheduled basis. Additionally, the quality of calls made through Intelifone may be directly impacted by the speed and quality of your internet connection.
You agree that your access to Intelifone may be affected by unanticipated or unscheduled downtime, for any reason, and that the quality of your calls may vary, but that the Company shall have no liability for any damage or loss caused as a result of such downtime or variation in quality.
ARTICLE 22 - TERM, TERMINATION & SUSPENSION:
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, behaving inappropriately with any other User, and/or disseminating illegal material. If your account is terminated by the Company, you will not be entitled to any refund of any monies spent on Intelifone and you may be required to pay fees for Services provided up until the date of termination.
If your account is terminated, the Company will retain your phone number, your call records, and any audio files of recordings created. Audio files of recordings will automatically be deleted after 30 (thirty) days for basic accounts and after 90 (ninety) days for pro-level accounts. However, after the deletion of the audio, the Company maintains a database entry describing the recording and information relevant to it, including, but not limited to, time, duration, and participant information.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
ARTICLE 23 - NO WARRANTIES:
YOU AGREE THAT YOUR USE OF INTELIFONE AND THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK AND THAT ANY SERVICES PROVIDED BY US ARE ON AN "AS IS" BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY. THE COMPANY MAKES NO WARRANTIES THAT INTELIFONE OR THE SERVICES WILL MEET YOUR NEEDS OR THAT INTELIFONE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE COMPANY ALSO MAKES NO WARRANTIES AS TO THE RELIABILITY OR ACCURACY OF ANY INFORMATION ON INTELIFONE OR OBTAINED THROUGH THE SERVICES. YOU AGREE THAT ANY DAMAGE THAT MAY OCCUR TO YOU, YOUR DEVICE, YOUR COMPUTER SYSTEM, OR GENERALLY AS A RESULT OF A LOSS OF YOUR DATA FROM YOUR USE OF INTELIFONE OR SERVICES IS YOUR SOLE RESPONSIBILITY AND THAT THE COMPANY IS NOT LIABLE FOR ANY SUCH DAMAGE OR LOSS.
ARTICLE 24 - LIMITATION ON LIABILITY:
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, INCLUDING ANY EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, CONTRACTORS OR AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR USE OF INTELIFONE OR THE SERVICES. THIS SECTION APPLIES TO ANY AND ALL CLAIMS BY YOU, INCLUDING, BUT NOT LIMITED TO; LOSS OF DATA, LOSS OF GOODWILL, LOST PROFITS OR REVENUES, CONSEQUENTIAL, INDIRECT, SPECIAL EXEMPLARY OR PUNITIVE DAMAGES, NEGLIGENCE, STRICT LIABILITY, FRAUD, OR TORTS OF ANY KIND. WHETHER SUCH CLAIMS ARE DIRECT OR INDIRECT AND WHETHER SUCH CLAIMS ARE ALLEGED TO BE FROM YOUR USE OF INTELIFONE, YOUR INTERACTION WITH ANOTHER USER, OR YOUR INTERACTION WITH ANY THIRD-PARTY. THE MAXIMUM LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED TO THE AMOUNT YOU PAID TO THE COMPANY IN THE PRIOR 3 (THREE) MONTHS.
SOME OR ALL OF THE LIMITATIONS PROVIDED IN THIS SUBSECTION MAY NOT BE APPLICABLE TO YOU, DEPENDING UPON YOUR JURISDICTION.
ARTICLE 25 - CLAIM LIMITATION:
ARTICLE 26 - TAXES:
You are solely and exclusively responsible for any taxes that may be applicable to your use of the Services or otherwise. You acknowledge and agree that it is your responsibility to determine your tax liabilities and Intelifone is not responsible for any tax issue related to your use of the Intelifone mobile application or Services.
ARTICLE 27 - CUSTOMER SERVICE:
Should you need to contact Intelifone in any way for customer service, technical issues, or any other communication required, you may reach us at email@example.com.
ARTICLE 28 - APPLE APPLICATION TERMS:
You will be accessing Intelifone through an application on your Apple device which was provided by the Apple iTunes store. Because of this, please be advised as follows:
ARTICLE 29 - GENERAL PROVISIONS: