This is a legal agreement ("the Agreement") between you and VOIPZILLA Sp. z o. o. , hereinafter referred to as “VOIPZILLA”, the owner and operator of VOIPZILLA.CA (the “VOIPZILLA Site”), the VOIPZILLA software and VOIPZILLA Client and Content (collectively, including all content available through the VOIPZILLA Client and Content and VOIPZILLA Site, the “VOIPZILLA Service”, or the “Service”), and you (“you” or “You”), a user of the Service. PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT”) CAREFULLY. BY USING VoipZilla (THE “APP”) OR THIS WEBSITE (www.voipzilla.ca) (THE “SITE”), THE USER AGREES THAT THIS AGREEMENT IS ENFORCEABLE AND LEGALLY BINDING. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, PLEASE DO NOT USE THE APP, APP SERVICES OR THE SITE.

License

Subject to your agreement to this Terms of Use agreement and its possible following amendments, you may use the App and our service solely for your own non-commercial purposes. You may not use the App or the service for any other purpose, or using any other method.

Consent

By using the App, you agree that VoipZilla may collect and use technical data and related information including but not limited to technical information about your device, system and Application software that is gathered contemporarily to help improve the software and services.

The App is offered subject to acceptance without any modification of any of the terms and conditions contained herein (the “Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the Site by VoipZilla Sp. z o. o. .

The App is available only to individuals who are at least 13 years old. We do not knowingly, directly or indirectly, collect or maintain information of children under the age of 13 and do not target the App, the Service, or the Site to children under 13. You are responsible to report your age if you are under 13. We may, in our sole discretion, refuse to offer The App to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access The App is revoked in such jurisdictions.

You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, register again with your new phone number. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

You provide us the phone numbers of the VoipZilla users and your other contacts in your mobile phone address book on a regular basis. You confirm that you are authorized to provide us such numbers to allow us to provide our Services.

If you are a user accessing the VoipZilla Site and Service from the European Economic Area (which includes the European Union), and any other included country or territory (collectively referred to as the European Region), Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Canada’s laws, please be advised that through your continued use of the VoipZilla Site and Service, which are governed by Canada law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to Canada and you expressly consent to that transfer and consent to be governed by Canada law for these purposes.

Termination

This Terms of Use continues to be effective until terminated by either you or us. Your right to access and use the services terminates automatically upon your breach of this Terms of Use. Upon the termination, you shall cease all use of the App and delete all copies of the App.

Services

You may encounter in Appropriate content that may be deemed offensive, indecent or objectionable. You agree to use the Services solely at your own risks and we do not have any liability to you for such content. You agree not to use the Services in any unauthorized way including but not limited to trespassing or burdening network capacity. You further agree to use the Services in your sole discretion and take full responsibility in your actions including but not limited to harassing, abusing, stalking, threatening, defaming or infringing or violating the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any such actions that you may encounter as a result of using the Services.

You agree by using the App that you are responsible for, at your own initiatives, compliance with any Applicable laws. We reserve the right to change, suspend, remove, or disable access to the Services at any time without notice.

The App may include functions where multiple users may post, correct, edit, and delete items. In such cases, the User who posted his/her Submitted Contents has to allow other Users to perform any editing in relation to the Submitted Contents.

Users shall maintain the rights regarding their Submitted Contents just as before, and the Company shall not acquire any rights to such contents. However, if the Submitted Contents are visible, not just to the User's "friends" but to all the other Users, the User who posts the Submitted Content shall grant the Company a worldwide, non-exclusive, royalty-free license (with the right to sublicense such content to other third parties working together with the Company), for an indefinite period, to use (after modifying such content, if the Company believes it necessary and proper) such content for services and/or promotional purposes.

If Users wish to back-up the whole or part of the Submitted Contents, they will need to do so themselves. The Company will not undertake the obligation of backing up any of the Submitted Contents.

The Company may check the details of the Submitted Contents, when the Company believes that the Submitted Contents may violate related laws or provisions set out in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.

If the Company believes that the User has violated or may violate Applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company reserves the right to preclude the User's use of the Submitted Contents in certain manners, such as deleting the Submitted Content without providing the User with prior notice.

Fair usage policy:

Users shall not engage in the following when using the Service.

• using subscriptions for telemarketing or call centre purposes,

• Activities that post or transmit violent or sexual expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.

• Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.

• Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.

• Activities such as sending messages indiscriminately to numerous Users (except for those Approved by the Company), indiscriminately adding Users as Friends or to Group Chats, or any other activities deemed to be spamming by the Company.

Other practices may be relevant in determining Legitimate Use and we reserve the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. VoipZilla may at its option, terminate its relationship with you, or may suspend your subscription immediately if it determines you are using your subscription contrary to this VoipZilla’s FUP or Terms of Use. Where reasonable, we will provide you with notice of improper usage before suspension or termination of your subscription and, if Appropriate, we can offer you an alternative subscription.

All offers are subject to our Fair Usage Policy. This Fair Usage Policy is effective immediately. We reserve the right to change this Fair Usage Policy at any time. Changes shall become effective immediately after publication of the revised version www.voipzilla.ca. We also reserve the right to withdraw all offers at any time.

Limitation of Liabilities

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING OUR OR YOUR USE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by Applicable law in cases involving personal injury) exceed the amount of fifty CAD dollars ($50.00), which will Apply even if the above stated remedy fails of its essential purpose. You may not use or otherwise export or re-export the App except as authorized by the laws of the jurisdiction in which the App was obtained.

Jurisdiction

The laws of Canada govern this license and your use of the App. You expressly agree that the courts in Canada have exclusive jurisdiction over any claim or dispute with us or relating in any way to your use of the App. VoipZilla however reserves its right to choose to enforce this Agreement in your jurisdiction under local laws.

We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws.

Incapability of Emergency Calls

The App cannot be depended upon for emergency calls, such as ones made to law enforcement agencies, maritime safety authorities, fire brigade, or other emergency services.

The App is not a replacement for your primary telephone service and does not provide access to emergency services. You cannot use the Licensed Application to make calls to emergency services (e.g., by dialing 911, 112 or 999). However, you can continue to use your mobile device to make calls to emergency services via your mobile operator as normal.

Advertisements

The Companies reserve the right to provide Users with advertisements for the Companies or a third party, through the Service.

Business Partners' Services

Contents or other services offered by other business partners cooperating with the Companies may be included within the Service. The business partners bear all responsibility regarding such contents and/or services offered. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.

Fees

You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. Subscription or services fees cannot be refunded for any reason. However, this does not apply if required by Applicable laws. You can cancel your subscription anytime, but remember: as set out in the terms and conditions of the service, we will not issue any pro-rated refunds if you choose to cancel the subscription service before the end of the contracted subscription date.

Modifications

The terms of this Agreement or the Schedules, including fees, charges, features, content or any other aspects of a Service, may change at any time and without prior notice. The Customer is responsible for frequently reviewing this Agreement and the Schedule posted on VoipZilla’s web site to obtain timely notice of any such changes.

In the Event of Merger, Sale, or Bankruptcy

In the event that VoipZilla is acquired by or merged with a third-party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Other stipulations

The terms herein contained constitute the whole of the provisions relating to the use of this service, to the exclusion of any other written or oral statement (including the information contained in our brochures or other promotional material).

Your use of this service as well as the present Terms of Use will be governed by and construed in accordance with Canadian law and you agree that any dispute be referred to the non-exclusive competence of Canadian tribunals.

Engagements

We guard ourselves against all possible situations that may adversely affect the operation of the service. Rest assured that our team will do everything possible to keep you informed in the event of any problem and take the appropriate steps to address them. We want to make your experience with us as pleasant as possible.

For other questions, please contact us by e-mail at: contact@voipzilla.ca

Last update on March 25, 2019