PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S) OR OTO WEBSITES
It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasise:
NO ACCESS TO EMERGENCY SERVICES: The Software is not a replacement for your ordinary mobile or fixed line telephone. In particular, the Software does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.
CHECK RESTRICTIONS ON USE: In some countries there maybe restrictions on the use of the type of Software being offered by OTO. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.
1. YOUR AGREEMENT WITH OTO
1.1 OTO's communication software applications ("Communications Software"), other 'OTO' branded software applications and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto ("Updates") and whether made available for free or for a fee, (collectively the "Software") is licensed (not sold) to you by OTO.
1.2 The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) ("Free Products") are provided to you by OTO.
1.3 Any additional products or features of the OTO Software or other "OTO" branded products, that you pay for (including products or features which are available for free on a trial basis only) ("Paid For Products") are provided to you by OTO.
1.4 OTO's websites ("OTO Website(s)") are operated by OTO.
1.5 "OTO" means OTO international call service "Products" means collectively the Free Products and Paid for Products "you" or "your" means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.
1.6 Your agreement with OTO is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document and Additional Terms referred to in paragraph 14 (collectively the "Terms"). To the extent of any inconsistency between the fair usage policies or any Additional Terms and this document, this document shall take precedence.
2. ACCEPTANCE OF THE TERMS
2.1 In order to download and/or use the Software, Products and/or OTO Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you download and/or use the Software, Products and/or OTO Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or OTO in accordance with paragraph 11.
2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or OTO Websites in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with OTO.
3. CHANGES TO THE TERMS
3.1 OTO may make changes to these Terms from time to time. OTO will publish the changes on their website. Changes to the fair usage policies and/or Additional Terms will be posted on the applicable OTO Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or OTO Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with OTO in accordance with paragraph 11 below.
4.1 License. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a mobile phone or other device; and personally use the Software through your individual OTO user account (as applicable) ("User Account"). OTO reserves all rights not expressly granted to you under these Terms.
4.2 Restrictions. You may not and you agree not to.
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to Section 4.1 above;
(e) other than for the purposes of download and installation, use the Software except through your User Account.
5. USE OF THE SOFTWARE AND PRODUCTS AND OTO WEBSITES
5.1 Updates to the Software: OTO may automatically check your version of the OTO Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. OTO has no obligation to make available any Updates. However, OTO may (a) require you to download and install Updates; or (b) download and install Updates from OTO automatically from time to time unless you have chosen (through your client settings) not to receive automatic Updates. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from OTO in order to continue using the OTO Software and you agree to accept such Updates subject to these Terms.
5.2 Suspension, technical improvement and maintenance: From time to time, OTO may need to perform maintenance on or upgrade the Software, Products or OTO Websites or the underlying infrastructure that enables you to use the Software, Products or OTO Websites. This may require OTO to temporarily suspend or limit your use of some or all of the Software, Products or OTO Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, OTO will publish the time and date of such suspension or limitation on the OTO Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or OTO Website.
5.3 No Access to Emergency Services: Neither the Products nor the Software are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points ('Emergency Services') . There are important differences between traditional telephone services and the Products. You acknowledge and agree that: (i) OTO is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) the Software and the Products are not a replacement for your primary telephone service.
5.4 Content of Communications: OTO is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Software. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. OTO reserves the right (but shall have no obligation) to review content for the purpose of enforcing these Terms. OTO may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Software, Products or its customers, or otherwise enforce these Terms. Further, OTO may in its sole discretion remove such content and/or terminate these Terms and your User Account if you use any content that is in breach of these Terms.
5.5 Notice and Take-Down If OTO receives any notification that any material that you post, upload, edit, host, share and/or publish on the OTO Website or through the Software (excluding your private communications) ("User Submission") is inappropriate, infringes any rights of any third party, or if OTO wishes to remove your User Submission for any reason whatsoever, OTO reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by OTO in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that OTO is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. OTO reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
5.6 Quality: OTO cannot guarantee that the Software, Products or OTO Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or OTO Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. OTO takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
5.7 Changes to Products: OTO is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on the OTO Website. If you do not agree with any changes to Software and Products you may terminate your relationship with OTO in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the OTO Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.
5.8 Reports Certain parts of the OTO Websites or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form ("Reports"). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of OTO. OTO shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to OTO will not be treated as confidential and OTO shall not be liable for any disclosure of the Reports.
5.8 Linking You may link to the OTO Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by OTO where none exists. OTO may revoke the permission to link to the OTO Websites at any time at its sole discretion and will notify you in this respect.
6. YOUR OBLIGATIONS
6.1 User Account. Prior to your first use of the OTO Software, you will be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. OTO takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.
6.2 Lawful Use: You must use the Software, Products and OTO Websites in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or OTO Websites. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or OTO Websites where you are located.
6.3 Prohibited Use: You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, OTO Websites, communication or protocols;
(c) send unsolicited communications (also referred to as 'SPAM', 'SPIM' or 'SPIT') or any communication not permitted by applicable law or use the Software, Products or OTO Websites for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Software, Products or OTO Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or OTO Websites;
(h) impact or attempt to impact the availability of the Software, Products or OTO Websites for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or OTO Websites. Notwithstanding the foregoing, you agree that OTO grants to the operators of public search engines permission to use spiders to copy materials from the OTO Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. OTO reserves the right to revoke these exceptions at any time.
6.4 User Submissions Please exercise respect when participating in any features of the OTO Websites or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the OTO Websites or of the OTO Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the OTO Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and OTO has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the OTO Websites or through the Software; (iii) OTO does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) OTO is not responsible for any User Submissions that you may have access to through your use of the OTO Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. OTO does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. In connection with your User Submissions, you represent and warrant that you
(i) own or have the necessary licenses, rights, consents, and permissions to use and authorize OTO to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and
(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source ("Third Party Content") without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
You may not submit or publish through the OTO Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the OTO Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the OTO Website or Software or features that prevent or restrict the use of any content thereof.
6.5 Your Information: From time to time, OTO may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.
6.6 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialize the Software and/or Products to any third party.
6.7 Export Restrictions: The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.
7. PROPRIETARY RIGHTS
7.1 The Software, Products and OTO Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
7.2 The content and compilation of content included on the OTO Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of OTO, its affiliates or licensors and are protected by international copyright laws. Such copyright protected content cannot be reproduced without OTO's express permission.
7.3 OTO and/or its licensors retain exclusive ownership of the Software, Products and OTO Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with OTO's intellectual property rights in the Software, Products and/or OTO Websites.
8.1 promotional coupons or credits and purchased credits directly from OTO on your account, service charges will first be deducted from the purchased credit.
8.2 Calling phones and premium rate numbers with OTO Calling Credit:
(i) Calling landlines and mobiles: The charges payable for calling phones consist of a per-minute rate as set out on the OTO Website. All calls will be disconnected and require a re-dial after a 2-hour duration.
(ii) Premium rate numbers: The charges payable for calling premium rate numbers consist of a per-minute rate available at the OTO website.
(iii) OTO may change the rates for calling phones and premium rate numbers at any time without notice to you by posting such change at the OTO website. The new rate will apply to your next purchase after the new rates have been published. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call.
(iv) The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. At the end of a call, fractional cent charges will be rounded up to the nearest whole cent, for example a total call price of €0.034 will be rounded up to €0.04. During the call, charges incurred will be deducted automatically from the OTO Credit balance in your User Account.
8.3 Charges for other Paid For Products: The charges for other Paid For Products will be confirmed to you before you complete a purchase from OTO. OTO may change the charges payable for the purchase of such Products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published.
8.4 Promotional Offers: From time to time, OTO may offer Paid-For Products for free for a trial period. OTO reserves the right to charge you for such Products (at the normal rate) in the event that OTO determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
8.5 Tax: 15% Luxembourg VAT generally applies if you are located in the EU and if you don't have a VAT registration number. OTO reserves the right to apply VAT at the appropriate rate as per VAT rules applicable at the time of purchase. 8% Swiss VAT applies if you are located in Switzerland. Other local taxes may apply in certain countries. If you are located in the EU and if you have a VAT registration number, you are liable to self-assess VAT in your country at the appropriate rate as per the reverse charge rules applicable in your country.
8.6 Third Party Charges: Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
9.1 Payment Method. You can pay for select Paid-For Products using any payment method made available to you by OTO from time to time. OTO reserves the right to remove or amend the available payment methods at its sole discretion.
9.2 Recurring Payments. Where you purchase Products on a subscription basis (monthly, every 3 months or annually (as applicable)), you acknowledge and agree that this is a recurring payment and payments shall be made to OTO by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Product is terminated by you or by OTO.
(a) The Auto-Recharge feature will be automatically enabled when you buy OTO Calling Credit, unless you untick the appropriate box. Your OTO Calling Credit balance will be recharged with the same amount and by the same payment method chosen when you first sign up for Auto-Recharge, unless you subsequently change the amount by accessing your User Account. For example, if you purchase $10 of OTO Calling Credit with your credit card, the recharge amount charged to your credit card will also be $10 OTO Calling Credit. In future the same amount will be charged to your credit card every time your OTO account balance goes below the threshold set by OTO from time to time. If you do not want to enable Auto-Recharge, please un-tick the box.
(b) You can disable Auto-Recharge at any time by accessing your User Account.
10. REFUND POLICY
10.1 Withdrawal Right and Refund Request:
(i) Promotional coupons, any paid products offered by other people and purchased via third parties cannot be refunded to prevent fraud and abuse of the Service.
(ii)OTO Credit: When you purchase OTO Credit directly from OTO you will be entitled to ask for a refund if you haven’t used it and it hasn’t expired. We shall process refunds in accordance with the Company’s refund policy based on consumer injury compensation rule notified by Ministry of Strategy and Finance. You can request a refund of any unused OTO Credit balance in your User Account within 1 year from its date of purchase or issue. The remaining credit will be refunded after deduction of 10% of your purchase price.
(iii) Other Paid-For Products: OTO will refund any payment made for any Paid-For Products other than OTO Calling Credit, so long as (a) you have not used the Product; and/or (b) the Product has not expired and; (c) you purchased the Product online directly from OTO and not a third party. Upon a valid request being received, OTO will refund to you the amount you paid for the Product on a pro-rata basis.
(iv) Non-Refundable Purchases: Refunds do not apply to (a)Paid Products that are purchased via a third party partner of OTO, (b)not directly acquired online from OTO(e.g. promotional coupons), (c)allocated to your OTO Account by a OTO Manager administrator and (d)paid for in cash using 3rd party payment methods.
(Ⅴ) Charged in Error. If you believe that OTO has charged you in error, you must contact OTO within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old.
10.2 OTO reserves the right to refuse a refund request if it reasonably believes (a) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (b) if you are in breach of these Terms or (c) if OTO reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
10.3 OTO will refund the balance of your OTO Calling Credit upon request in the event you terminate your User Account(s) applicable to the OTO Software as permitted under these Terms or in the event that OTO terminates these Terms without serious cause.
10.4 Refund payments will be made in the same form as you initially made payment.
10.5 This refund policy does not affect your statutory rights.
11. ENDING YOUR RELATIONSHIP WITH OTO
11.1 You may terminate your relationship with OTO at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or OTO Websites and cancelling any recurring payments.
11.2 OTO may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or OTO Websites at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if OTO reasonably suspects that you are using the Software, the Products and/or OTO Websites to break the law or infringe third party rights;
(c) if OTO reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
(d) if OTO reasonably suspects that you are using our Products, Software and/or OTO Websites fraudulently or that your User Account is being used by a third party fraudulently;
(e) in respect of a particular Product, on thirty (30) days notice if OTO decides to cease offering that Product;
(f) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of OTO's partners;
(g) on thirty (30) days notice if OTO decides to cease offering the Software to users in your jurisdiction generally.
11.3 OTO shall effect such termination by preventing your access to your User Account, the Software, Products and/or OTO Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
11.4 Consequences of Termination: Upon termination of your relationship with OTO: (a) all licenses and rights to use the Software, Products and/or OTO Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or OTO Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
12.1 For the purposes of this paragraph 12, "OTO" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
12.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND OTO WEBSITES ARE PROVIDED "AS IS" AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; OTO DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR OTO WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. OTO FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR OTO WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES OTO WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.
12.3 Nothing in this these Terms shall exclude or restrict OTO's liability for (a) death or personal injury, (b) loss resulting from OTO's wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.
12.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT OTO WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO OTO, IN CONNECTION WITH OR ARISING FROM YOUR USE OF OTO WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR OTO WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR OTO WEBSITES.
12.5 Limitation of Liability: Subject to paragraphs 12.3 and 12.4 above, OTO shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to OTO, for:
(a) any indirect, special, incidental or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
(c) any damage to or corruption of data (whether direct or indirect);
(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:
i. your inability to use the Software to contact Emergency Services;
ii. your failure to make additional arrangements to access Emergency Services in accordance with paragraph 5.5 above;
iii. the service limitations set out in paragraph 5.6;
iv. your failure to provide accurate physical location information to an Emergency Services operative; or
v. conduct of third party Emergency Services operatives and calling centres to which you may be connected.
(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:
i. any product or service provided by a third party under their own terms of service;
ii. any Third Party Technology;
iii. any third party website.
12.6 Subject to paragraphs 12.3 - 12.5 above, OTO's total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF FIVE THOUSAND US DOLLARS IN ALL CASES.
12.7 If any third party brings a claim against OTO in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold OTO harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
13. THIRD PARTY WEBSITES PRODUCTS AND SERVICES
13.2 You acknowledge and agree that any third party product information and pricing that is shown on the OTO Websites regarding third party products and services is given to OTO by the applicable third party merchant ("Merchant"). The Merchant has the ability to change their pricing or terminate their product availability at anytime. OTO is not involved in any transactions between you and any Merchant whose products and/or services are listed on the OTO Websites. OTO does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants' websites; (iii) the availability of the Merchant's websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants' websites, nor any listing or other content about such products and services displayed on the OTO Websites; (v) links to the Merchants' websites that are featured on the OTO Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
13.3 The Software and OTO Websites may include hyperlinks to other third party websites. OTO is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.
14. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
15. HOW TO CONTACT OTO
To contact OTO in relation to the OTO Software or "OTO" branded Products, please submit a support request via the website or you can contact to us directly by email at firstname.lastname@example.org
16.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with OTO.
16.2 For your convenience, OTO may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with OTO.
16.3 These Terms constitute the entire agreement between you and OTO with respect to your use of the Software, Products and/or OTO Websites and replace any prior agreements between you and OTO with respect to the Software, Products and/or OTO Websites.
16.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
16.5 The failure by OTO to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of OTO's right or remedy. If OTO waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
16.6You may not assign these Terms or any rights or obligations contained in them. OTO may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
16.7 This paragraph 16, along with paragraphs, 4.2, 12 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
16.8 You acknowledge and agree that if OTO is unable to provide the Software, Products and/or OTO Websites as a result of a force majeure event, OTO will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of OTO.
16.9 These Terms shall be governed by and interpreted in accordance with the laws of Korea and shall be subject to the jurisdiction of the courts of the district of Seoul.
17. PRODUCT SPECIFIC TERMS
17.1 Local In-Country Subscriber Numbers and Overseas DID Numbers
(a) Availability and use. Where we provide you with a local in-country subscriber number or overseas DID number(s), you agree that:
i. you do not own the number or have a right to retain that number forever;
ii. the number provided to you is subject to applicable numbering rules and regulatory practices;
iii. you will comply on an ongoing basis with any specific number allocation requirements that we make you aware of, or any reasonable instructions that OTO or OTO's partners may give to you with regard to the use of the numbers and the Products;
iv. you will not transfer or attempt to transfer your number to any third party. In particular, you are responsible for compliance with any requirements related to residency and or location; and
v. you will supply accurate, complete and up-to-date information to us where we request it and inform us where such information changes. OTO reserves the right to change the terms related to local in=country subscriber numbers or overseas DID number(s), including without limitation to impose or amend any residency
requirements and/or require the provision of further user information for continued access to such numbers. In certain countries, a number may be made available to you by an OTO partner rather than OTO, and you may need to enter into a separate agreement with such partner. (b) Other changes to numbers. If OTO needs to withdraw or change the number that has been made available to you, OTO will use commercially reasonable endeavors to notify you by e-mail, stating the effective date of the change and where possible, your new number. If you do not wish to accept this new number, you are entitled to terminate your number.
(a) Fair Usage Policy. At OTO, we want all of our customers to get the best calling plans, known as 'subscriptions', at the lowest possible price. This Fair Usage Policy ("FUP") is designed to prevent fraud and abuse of our subscriptions by a small number of users. Subject to this FUP, OTO's unlimited subscriptions allow unlimited calls to landlines in the applicable subscription countries (excluding special, premium, service and non-geographic numbers). Unlimited calls to mobiles may also be included where stated at the time of purchase. All calls will be disconnected and require a re-dial after a 2-hour duration.
i. Using subscriptions for commercial purposes or commercial gain, for example telemarketing or call centre operations;
ii. Re-selling subscription minutes;
iii. Sharing subscriptions between users whether via a PBX, call centre, computer or any other means;
iv. Calling numbers (whether individually, sequentially or automatically) to generate income for yourself or others as a result of placing the call;
v. Regular calls of short duration or calls to multiple numbers in a short period of time.
(b) OTO reserves the right to withdraw or change the subscriptions at any time. If OTO changes the Products included in your subscription, OTO 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, with effect from the date on which the changes are due to take effect.
Each SMS message has a limit of 160 characters. If you type a longer message it will be broken down into several SMS messages and you will be charged for each message sent. If you send SMS messages to more than one person you will be charged for each SMS sent to each recipient. If OTO cannot (for whatever reason) send your SMS, OTO will continue to try and send the message for up to 24 hours after which time the SMS charge will be refunded to your OTO Calling Credit balance automatically if delivery is unsuccessful.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR OTO WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO OTO THE RIGHTS SET FORTH HEREIN.
Last updated: November 2013