The websites bitcall.io and donewell.io, the Bitcall mobile application and the services provided through them are (all referred to as the “Services”) are provided by Bitcall AB, Swedish company no 559019-7819, a company incorporated under the laws of Sweden with its registered address at Kungsportsavenyen 18, SE-41136 Gothenburg, Sweden (“Bitcall”, “we”, “us”, “our” or “we”)
These terms of service (these “Terms”) applies between the legal entity (“you”) and us regarding the use of the Services. If you do not accept these terms you are therefore not allowed to use the Services. When an individual signs up a legal entity for the use of the Services, such individual warrant that it is legally capable to act on behalf of such legal entity. You are not allowed to sign up for, use or download any of the Services if you do not agree to these Terms, or any other updated which has come into effect Terms.
REGISTRATION AND YOUR ACCOUNTS
In order to use the Services you must register an admin account (“Admin Account”). When you register, you warrant that all information about you or the entity you represent is up to date, accurate, true and complete. You shall, as long as you have a registered Admin Account, keep the information about you updated and complete. In order to register an account you will have to register a password. You are fully responsible for keeping the password confidential at all times.
MODIFICATIONS TO THESE TERMS
We reserve the right to, at our sole discretion, modify these Terms from time to time as we see fits. All amendments will be effective within 30 days after we have sent them to your registered email and posted them on our website. Your continued use of the Services after the 30-day respite mentioned above will signify your acceptance of the amended terms. In case you do not agree to the communicated amendments you are free to, without any cost, cancel your Subscription by giving us notice thereof by email (“Cancellation Notice”). Such cancellation will be effective upon the day the amended terms comes into effect, provided that the cancelation has come to our notice before the amendments comes into effect. However, after the reception of your Cancellation Notice, we reserve the right to not amend these Terms by giving you written notice thereof within ten (10) days after our reception of your Cancellation Notice, meaning that you will be bound by these Terms and your agreement with us.
Notwithstanding the above, amendments that are necessary to prevent unlawful behavior or conduct that might cause our legal liability shall apply immediately.
The pricing and payment terms for our Services (including, but not limited to, the pricing of subscription plans, call rates, telephone numbers and Accounts) shall be, from time to time, presented at the website or otherwise presented in the Services and by using the Services you agree to such presented pricing (“Pricing Information”). All Pricing Information is presented exclusive of all national, regional, international, value-added and similar taxes or administrative fees and you acknowledge that such fees and taxes may be charged retroactively and that we might charge your credit balance or registered credit card for such fees and taxes. You are solely responsible to pay such taxes and fees. Even though we strive to always provide as accurate information as possible we do not warrant that the Pricing Information is accurate or correct. If the Pricing Information would be inaccurate or incorrect we reserve the right to correct the Pricing Information, including, but not limited to cancelation of your subscriptions and Accounts. If such action from our side would be deemed to be deteriorating to you in relation to the inaccurate or incorrect Pricing Information, you shall be allowed to rescind your agreement with us, if it was concluded based upon the inaccurate or incorrect Pricing Information. However, we will never refund any credit balance or prepaid subscriptions due to incorrect or accurate Pricing Information.
In order to make calls through the Services you must pre-fill your Users’ credit balance in order to make any calls. Upon your use of the Service you agree that your credit balance will be charged according to the Pricing Information. You may request a refund of your remaining credit balance, provided that your credit balance exceed at least USD. You will bear all fees and costs related to refunds.
In order to sign up for subscription you must register a valid credit card, which, from time to time, is accepted as a valid payment method in the Services. You are responsible to keep your choice of payment method updated, complete and valid. You acknowledge that we are allowed to charge your registered credit card in accordance with the specific pricing and payment terms applicable to those Services and features you have signed up for and are presented in the Services and on our website. If we cannot charge your registered credit card you will still be obliged to pay all outstanding fees and it shall not be seen as a termination of your Accounts. We then reserve the right to keep trying to charge your credit card, charge your credit balance and take additional actions in order to collect outstanding fees. You will also be obliged to pay late payment interest on any outstanding fees, the annual interest rate is ten (10) percent.
NO WARRANTIES OR REPRESENTATIONS
The Services are provided, except to the extent prohibited by law, “as is”, ”as available” and without any warranties of any kind, expressed or implied, including but not limited to merchantability, your expectations, any information given or non-infringements. This means that you use the Services on your sole risk and that you, except to the extent prohibited by law, may not claim any damages or refunds of prepaid fees due to our failure to provide the Services in a satisfying manner.
We reserve the right to, without prior notice, make changes to or modify the Services or the way the Services are supplied.
All information, software, data and other material developed or provided by Bitcall or its licensors or otherwise used by Bitcall to provide the Services under the Agreement, including all intellectual property rights in the same, shall remain the sole and exclusive property of Bitcall or its licensors. Brand names and specific services featured on the Services might be trademarked. You agree to not, except for such actions permitted by the Agreement, sell, license, rent, sublicense, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, editor or create derivative works of the content in the Services or in any other way make such content available for someone else without Bitcall’s written consent.
You are aware that the Services may also contain content provided by third parties and that such content may be protected by copyrights, trademarks, patents, trade secrets or other rights covered by law. You agree to abide by and maintain all copyright and other legal notices, information, and restrictions contained in any such content accessed through the Services.
YOUR USERS AND THE USE OF THE SERVICES
You agree to be responsible for all actions taken under your Regular and Admin Accounts and that all your Users agrees to, and comply with, our User Agreement and all other terms and conditions as well as legislation applicable for the use of the Services. We therefore advise you to make sure that your Users have read all such terms and conditions and that they fully understand them.
You take full responsibility for all payments made by your Users and you acknowledge and agree that we cannot control whether such User are eligible to make payments on your behalf. By giving a User the authority to use the Services you thereby also authorize them to make payments to us for the use of the Services.
You agree to use our Services only for lawful purposes in the applicable jurisdictions. You acknowledge that the Services shall not be used for illegal, fraudulent, immoral or improper purposes. Furthermore, you agree not to use the Services in a way that might harm our provision of the Services.
THIRD PARTY SERVICES
From time to time we might use and link to third party services and websites. We might also integrate and connect you to third party services within our service. You agree that we do not have any control over, or assume any responsibility for any such third party services with regards to, for example, their functionality, handling of data or any contractual relations between you and such third party.
Furthermore, third parties who provide you with other products or services might not support the use of our Services in connection with their services or products and/or might charge additional fees for the use of the functions that our Services provide. You agree that you are fully responsible for such fees and that we do not take any responsibilities with regards to our Services compliance with such third party products or services.
RECORDING OF CALLS AND STORAGE OF INFORMATION
You agree that any recordings of calls under your Accounts will be made lawfully in compliance with any applicable legislation where the recordings are made. You acknowledge that the lawfulness of recordings might depend on where you, or the person whom is being recorded, are located and that we do not have the possibility to determine whether any recordings are lawful. You are also advised to at all time keep back-ups of all your recorded calls since we do not take any responsibility to store them and we might, at our own discretion, delete any of your recorded calls.
The Services might provide the possibility to store certain information. However, we are not obliged, and take no responsibility, to store any information you provide to the Services and you are advised to always keep your own back-ups of such information. Furthermore, you are fully and solely responsible to make sure that all your storage of information within the Services are in accordance with applicable legislation.
CANCELLATION AND TERMINATION
These Terms will be in effect until the Terms are terminated either by you or us. You may, at any time and without any reason, terminate these Terms by canceling your Admin Account(s). You are not eligible to use the Services after your termination of these Terms.
We will have the right to, without any prior notice and with immediate effect, at any time and without any reason, modify, limit, suspend or terminate your use of our Services and/or these Terms if we, with our sole discretion, suspects that you i) are in breach of these Terms or other policies governing the use of the Services, ii) use the Services with illegal intentions, iii) in other ways misuse the Services, or iv) fails to pay any payable fees.
Additionally, we reserve the right to, without any prior notice and with immediate effect, at any time and without any reason, terminate your Admin or User Account(s) if it is inactive during a continuous period of twelve months.
You are not allowed to use the Services after any termination of the Terms and any licenses granted you hereunder will immediately cease. Upon termination of these Terms all of your, or your User’s, credit balance will expire and will be non-refundable and if you have any term left on your subscription, all futures fees for such term will be due immediately and withdrawn from your registered credit card. If we cannot charge your registered credit card you will still be obliged to pay all the before mentioned fees. We then reserve the right to keep trying to charge your credit card and take additional actions in order to collect such fees. You will also be obliged to pay late payment interest on any such fees, the annual interest rate is ten (10) percent.
LIMITATION OF LIABILITY
We are not responsible for technical, hardware or software malfunctions, lost or unavailable transmissions, phone calls or disconnections from our Services.
We do not warrant that the Services will meet your requirements or expectations of it or that the use of the Services will be uninterrupted or free from errors. The Services are provided “as is” without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Additionally, we take no responsibility for down time of the Services or the results thereof.
We take no responsibility for the content, privacy policies or practices of any third party web sites or services that may be reached by following links presented in the Services. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services or your User Accounts.
You acknowledge and agree that any and all agreements between you and any others is made on your own risk and that we are not responsible for any of your loss or damage in relation to such agreements.
You agree that we and our third party application providers will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we and our third party application providers have been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Services; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the Services; or (v) any other matter relating to the Services.
If, notwithstanding the other provisions of these Terms, we and our third party application providers are found to be liable to you for any damage or loss which arise out of or is in any way connected to your use of the Service, our and our third party application providers’ liability shall in no event exceed the total amount of fees with respect to the Services that you have paid to us in the six (6) months prior to the date of the initial claim made against us and/or third party application providers.
You agree to defend, indemnify, and hold us and our affiliates, assignees, officers, employees and agents harmless from all liabilities, claims and expenses, including but not limited to, legal costs, that are caused or can be related to your use or misuse of the Services, violation of these Terms, your gross negligence or infringement of any intellectual property or other right of any person or entity by you.
RIGHT TO PUBLISH YOU AS A CUSTOMER
You acknowledge that we will have the right to use your name and your company logo as a reference of our customers on our customer list and at the website bitcall.io.
If any provision in these Terms are held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that these Terms otherwise remain in full force, effect and enforceability.
These Terms shall be construed and governed by, and in accordance with, Swedish law. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by Swedish public courts, with the District Court of Gothenburg as the first instance.