The APhone services are provided by SENATEL LTD, a company incorporated under the laws of Belize City, with registered address Philip Goldson Highway, New Horizon Building, Belize City, Belize.. (“APhone”, “us”, “our” or “we”).
1. ACCEPTANCE OF TERMS OF SERVICE
You agree to be bound by the Terms of Service when you click accept in the sign-up flow. If you do not agree to the Terms of Service, you may not activate or use the Services. Once accepted the Terms of Service constitute a binding agreement between you and APhone. In addition, by downloading the App from App Store or Google Play you agree to the applicable terms of the license of Apple and Google which will bind you.
APhone may make changes to Terms of Service from time to time. APhone will publish the changes at the Site. The changes will be effective when published. Please review the Terms of Service on a regular basis. You understand and agree that your express acceptance of the amended Terms of Service, or if you continue to use the Services after the date of publication, shall constitute your agreement to the updated Terms of Service. You agree that if you do not accept any amendment to the Terms of Service then you shall immediately stop accessing and/or using the Site, App or any other part of the Services.
2. THE SERVICES
APhone APP is currently offering a wide range of VoIP mobile services including:
Products/Services will be displayed on APhone’s official website www.aphone.app and/or mobile apps on Google Play and Apple Store.
These communication services and all other services, products, features, functionalities and/or interactions as set forth in this document or presented on the Site or otherwise provided or made available to you by APhone from time-to-time, as well as the App and the Site shall collectively be referred to in these Terms of Service as the “Services”.
2.1 Use of the Services
You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including without limitation any applicable export laws and regulations).
The Customer must not use the Services, nor permit the Services to be used:
1. for sending any communication or Message which:
1. is defamatory, abusive or of a vulgar, obscene or menacing nature;
2. is false, inaccurate, misleading or unlawful;
3. is invasive of a person’s privacy;
4. is hateful or racially, ethnically, or otherwise objectionable; or
5. APhone determines to be otherwise offensive or inappropriate
2. for the persistent sending of Messages without a reasonable cause or for the purpose of causing annoyance, inconvenience or distress to any person;
3. in a way that contravenes:
1. any applicable Law (including the Privacy Laws) or industry code or practice; or
2. any other rules or guidelines posted on the Website or otherwise notified to the Customer by APhone from time to time;
4. in any way that may have a detrimental effect on the goodwill or good standing of APhone or any Supplier;
5. in a way that may expose APhone or any Supplier to the risk of any legal or administrative action including prosecution under any Laws;
6. to transmit any communication or Messages that may harm a minor in any way;
7. to send unsolicited electronic commercial messages where the recipient has not consented to receive such messages;
8. to interfere with or disrupt APhone’s business, or the services, hardware, software or networks of any Supplier;
9. in a way that would infringe any person’s Intellectual Property Rights or other rights; or
10. in any other way that contravenes the requirements of any Supplier.
It is your responsibility to ensure that you are legally allowed to use the Services where you are located. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.
You acknowledge and understand that the voice communication service provided by APhone is not a traditional telephone service or a replacement for your primary telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between the traditional telephone service and the voice communication services provided by APhone.
You acknowledge that the products, features or functions or other parts of the Services may change over time. APhone may without prior notice to you change the form and nature of the Services. This could mean, among other things, that future versions of the Software or the App may be incompatible with applications developed on or with previous versions. Furthermore, APhone may. in APhone’s sole discretion and without prior notice to you, stop (permanently or temporarily) providing the Services to you or to users generally. APhone may make updates of the Software, the App or other parts of the Services at any time, but shall have no obligation what so ever to provide any such updates to you. It is your responsibility to use the latest available version of the Software, App or other parts of the Services (where applicable).
2.2 Phone numbers provided by APhone
Phone numbers are offered on pre paid basis and when a customer fails to pay for the next billing interval the telephone number will be canceled. APhone does not warrant and represent that the telephone numbers will be reachable from all mobile and fixed networks. The phone numbers provided by APhone does not warrant to support messaging via SMS.
You acknowledge and agree that under special circumstances APhone may cancel, substitute or change virtual phone numbers allocated to you in its sole discretion. You acknowledge that APhone shall not be liable for any damages (including consequential or special damages) arising out of telephone number allocations. Upon termination of your APhone account for any reason, or termination of telephone number subscription, you will no longer have access to telephone numbers allocated to you; consequently these telephone numbers will be reassigned to other customers and once reassigned APhone will not be able to assign the same telephone number to you in the future. Telephone numbers are offered on pre paid basis and when a customer fails to pay for the next billing interval the telephone number will be canceled. APhone tries its best to ensure interoperability of the purchased virtual numbers in order to make the telephone numbers reachable from as many mobile and fixed networks as possible. However, as APhone relies on the interoperability of services from its local partner(s) in each country for end-to-end connectivity, APhone does not warrant and represent that the telephone numbers will be reachable from all mobile and fixed networks. APhone service must not be used to trigger callback services and collect calls. The minimum service term for a phone number is 1 month as from the order date
2.3 Service Update
You acknowledge and agree that APhone, in its sole discretion, may add additional features or functions, or to provide software updates, fixes, and upgrades to the Service. You acknowledge and agree that APhone shall not be liable for any damages in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of updates of the Service, and (2) by the suspension or termination of this Agreement or the Service by APhone and/or by you.
2.4 Your Account
In order to use the Services, you are required to register as a user with APhone. You agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering for the Services, as well as any additional information provided or any amendments made by you. Subject to such registration you will receive access to your APhone account (the “Account”).
You are fully responsible towards APhone for all (including any fraudulent) use of the Services which is or can be connected to your Account.
2.5 Unauthorized use, stolen device
You are solely responsible for all activities that occur on or otherwise is associated with you Account, regardless of whether the activities are undertaken by You or a third party and whether or not authorized. APhone is not responsible for any unauthorized access to the Account. You are required to contact APhone immediately to suspend the Services and block your Account if you suspect that your mobile phone or other device you are using the Services on (“Device”) is stolen or otherwise that an unauthorized third party may be using the Account or if your password/PIN or any other account information is lost or stolen. You are responsible for all charges to your Account until the Services are suspended and the Account is blocked. You may terminate the Account and cancel the Service at any time in accordance with Section 4 “Termination and suspension”.APhone takes no responsibility for your failure to comply with the obligations in this Section 2.6 “Unauthorized use, stolen device”.
2.6 Prohibited use and restrictions
You warrant to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. APhone acts as a passive conduit for you to send and receive communications and information of your choice and APhone has no control over the content of any transmission nor will it be liable for such content. You agree not to use the Services for the transmission of unsolicited messages. You agree that you shall not, at any time, use the Service for any abusive purpose or in any way which interferes with our ability to provide Service to other customers or restricts other customers from using the Service, or damages any APhone or other customer's property. You acknowledge and agree that, by using the Service, you may be exposed to content others send you that is objectionable, offensive, or indecent. You understand and agree that APhone has no control over the content of any audio, video or text transmissions relayed to you through the Service and you agree to hold APhone harmless for any harm suffered due to the content relayed to you through this Service. APhone reserves the right to restrict phone calls to any telephone number in its sole discretion. You will abide by all applicable local, state, national and international laws and regulations of countries of all phone call participants connected using the Service.
You shall not violate any Belize, US or foreign export control laws.
You shall no transmit any material that contains trojan horses, viruses, or any other programs that may be harmful or dangerous.
You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
You shall not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service by any means.
Collect information about other people without their consent.
Create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication.
Misrepresent or otherwise attempt to mislead any person as to your information or otherwise engage in fraudulent or deceptive conduct Transmit any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trademarks, trade secrets or copyrights;
APhone may delete any Content that in the sole assessment of APhone violates this Agreement or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. APhone assumes no responsibility for monitoring the APhone Services for inappropriate Content or conduct.
Use of Predictive Dialers, Auto Dialers, Telemarketing Devices, Lead Generators and other similar programs is prohibited. In accordance with the Digital Millennium Copyright Act in appropriate situation APhone will terminate your Service if you violate the copyrights of third-parties. APhone may or may not attempt to contact you, in its sole discretion, prior to such service suspension or termination.
2.7 APhone and WhatsApp
2.8 APhone and Telegram
2.9 Submission of information to APhone
You agree that any comments, suggestions, feedback, documents, content or other material or information provided, shared, published by you in connection with the use of the Services or otherwise in your contacts with APhone (including but not limited to, the use of blogs, forums and support websites) is provided on a non-proprietary, non-exclusive and non-confidential basis. You grant APhone a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any such material or information. You acknowledge that you are responsible for whatever material or information is provided by you, including its legality, reliability, appropriateness, originality and copyright.
2.10 Disclosure of information
APhone reserves the right at all times to disclose any data or information (in any form) as APhone deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in APhone’s sole discretion.
2.11 No warranties
You expressly acknowledge and agree that use of the Services are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Services or that the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction. Additionally, you also understand that APhone cannot guarantee that information or communications transmitted in relation to the use of Services will not be subject to interception by law enforcement officials or other third parties.
2.12 Suspension and interruption of the Services
APhone has the right, without any liability, to refuse to provide, restrict, limit, change, remove, disable, suspend and/or interfere or interrupt the Services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the Service.
2.13 Content of communication
The content of the communications made using the Services are entirely determined by the person from whom such content originates. You may therefore be exposed to content that is offensive, harmful, indecent or otherwise objectionable. APhone will not be liable for any type of communication spread by means of the Services.
2.14 No emergency calls
The Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and APhone is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that the Services do not support or carry emergency calls. You must ensure that you, or anyone using your Account/Device, have alternative arrangements for making any such calls.
3. PAYMENT, DELIVERY, RATES AND ACCOUNTS
Service is offered on pre-paid bases. You agree to maintain positive account balance all the time in order to receive the Service(s). Accounts with negative balances may be suspended, terminated or be limited in service; specifically phone numbers assigned by APhone will not accept incoming calls. Effective Account Balance should be positive in order to place any call using the Service. When Effective Balance is negative the service will be limited including without limitation calls to new participants. You hereby release and agree to hold harmless APhone from and against any damages or liabilities of any kind related to such limitation of service when Effective Balance or Account Balance is negative.
All payments are processed via a third party payment processor (“Payment Processor”). You agree to provide complete and accurate payment information and further agree that the processing of payment transactions is subject to the terms, conditions and policies, including privacy policies, of the Payment Processor and your credit or debit card issuer.
APhone Credit Card payments will appear as Senatel Ltd on your bank or card statement.
Upon obtaining and Online Payment’s order, APhone will confirm the purchase and generate a related invoice to the customer. The Delivery time of the purchased order is instant but we may review and verify some orders and this can take up to 8 hours. We has the right to refuse and refund some orders for any number of reasons – such as a failure to meet credit check criteria.
You acknowledge and agree that payments/deposits are final once completed. We strongly discourage the use of charge backs or payment reversal. If you believe that your account was charged fraudulently or erroneously, you must then contact our legal department via email at email@example.com to try to resolve the matter. If you take actions to reverse your Account charges with your credit card company or payment processor for any reason without first following the dispute procedure set forth herein, we reserve the right to terminate your account and pursue you legally through an attorney and or/collection agency and any other means for damages, including, among other things, fraud.
All Services you subscribed to will be automatically extended for successive renewal periods of the duration as you selected, at the then-current subscription rates, charges and fees. If your account balance is negative at the renewal date then subscription will be canceled.
3.5 Rates and VAT
The rates for the Services are published on website and inside the APhone App. APhone reserves the right to change the rates (offers, deals, plans or similar) at any time without notice. The new rates will apply to your next phone call or otherwise the next time you use the Services after the publication of the new rates. If you do not wish to accept such adjustment of rates, do not use the Services. No refunds are available. You agree that by continuing to use the Services, following the adjustments of the rates, you accept such adjustments.
Unless stated otherwise, all rates and charges for the Services shall be stated in US dollars (USD) and shall be inclusive of value added taxes (VAT).
3.6 Minute rounding
The measurement of call duration is based on one-minute increments, meaning that the duration of a call is rounded up to the next minute. For example, if you call for 7 minutes and 10 seconds we will round up the call length to 8 minutes.
There is no refund for any prepaid services. However, if you believe that APhone has charged you in error, you may request for a refund by submitting a written request in English to APhone’s Customer Support at firstname.lastname@example.org. No refunds will be given for any charges more than 30 days old.
APhone does not have accurate information about the message delivery as the telecommunications networks do not provide a precise and universal message delivery status. Therefore all charges from your APhone account for SMS messages are non-refundable.
3.8 Account and receipt
When you log in to your Account you will find certain information relating to your use of the Services, such as payments made, calling history (during a limited period) and your current balance etc., It is your responsibility to print and/or save copies of your records (invoices, receipt, etc.)
3.9 Expiration of credits
A credit balance on the Account will expire 24 months after the last activity of the Services, meaning that any credit balances that are not used within the aforesaid 24 months period will be lost.
4. TERMINATION AND SUSPENSION
The Terms of Service is effective until terminated by you or APhone. You may terminate the Terms of Service (cancel the Account, the Services etc.) by sending APhone a termination notice to email@example.com (the Account will be cancelled within five (5) days of receipt of such notice).
APhone reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion.
If we discontinue the Service generally you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges and the balance of pre-paid amounts.
If your Service is terminated due to the violation of this Agreement, APhone may terminate your account at any time without notice. Upon such termination, you will not be entitled to any refund for purchases or any of your prepaid amounts.
Upon any termination in accordance with the foregoing, APhone will delete related information and files in your Account, reassign any telephone numbers associated with the account, and/or prevent any further access to such files, information, or the Services.
APhone may assign all or part of the rights and/or obligations under the Terms of Service without notice to you. APhone may assign all or part of the rights and/or obligations under the Terms of Service without notice to you. You may not assign any rights or obligations under the Terms of Service to any third party without the prior written consent of APhone.
5.2 Limitation of Liability
In no event shall APhone and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the use of or inability to use the Services or otherwise arise under the Terms of Service, even if it has been advised of the possibility of such damages.
In any event, and without limiting the generality of this Section to the extent permitted by law, you agree that APhone’s total aggregate liability to you for all damages and losses that arise in connection with the use of or inability to use the Services, or otherwise arise under the Terms of Service, shall not in any circumstance exceed the amount actually paid by you, if any, to us for the Services (including without limitation the Mobile Top Up Services) in the five (5) month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of five thousand (5 000) euros in all cases.
You agree to indemnify, defend and hold harmless APhone and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of Your use of the Services (including without limitation posting and submitting of any material), your breach of the Terms of Service, or Your violation of any rights of another person or entity.
5.4 Applicable law and competent court
The Terms of Service shall be governed by and construed in accordance with the laws of Belize without giving effect to the conflict of laws or provisions of Belize or your actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to the Terms of Service, your relationship with APhone, including any non-contractual obligations, will be exclusively subject to the jurisdiction of and be settled by a Belizean court of general jurisdiction. Notwithstanding the foregoing, APhone shall be entitle to bring actions for injunctive relief in any court of competent jurisdiction.
5.5 Entire Agreement
The Terms of Service represent the entire agreement between you and APhone relating to the use of the Sites, Accounts and any other part of the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Service or any other subject matter covered by the Terms of Service. For the purpose of clarification, the Terms of Service supersede all promises made to you by our client services agents, representatives or employees. The Terms of Service may not be modified or amended except as described herein by APhone or otherwise with the written agreement of APhone.
If a court finds any provision of the Terms of Service to be invalid or unenforceable for any reason, the remainder of the Terms of Service shall continue in full force and effect.
Headings used in the Terms of Service are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
5.7 Ability to Contract.
You hereby affirm that you are fully able and competent to enter into the Terms and Conditions, and to abide by and comply with the Terms and Conditions.
5.8 Force Majeure
You acknowledge and agree that if APhone is unable to provide the Services as a result of a force majeure event, APhone will not be in breach of any of its obligations towards you under the Terms of Service or otherwise. A force majeure event means any event beyond the control of APhone.
5.9 Communication between us
If you wish to contact APhone, or if any condition in the Terms of Service requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org.
Address: Philip Goldson Highway, New Horizon Building, Belize City, Belize.
Registration no: 175921
Terms of Service last updated: DEC 22, 2022