Terms of Service

Welcome to LivePhone. The livephone.app website (the Website or LivePhone Website) and LivePhone mobile applications (the Software or LivePhone Software) are owned and operated by LivePhone, Inc.("LivePhone", "us" or "we"). By visiting our website or using LivePhone mobile application and accessing the information, resources, services, products and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of August 1, 2019.

WE RESERVE THE RIGHT TO CHANGE THIS USER AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS USER AGREEMENT PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SOFTWARE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS.

Responsible Use and Conduct

By visiting the LivePhone Website or using the LivePhone Software, and by accessing the information, resources, functions, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by the terms of this User Agreement, applicable laws, regulations and generally accepted online practices or guidelines.

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) neither LivePhone Inc. nor LivePhone is 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.

Wherein, you understand that:

• You must use the Paid For Products in accordance with the laws of where you are located. In some countries there are restrictions on the use of the Software and/or Products. It is your responsibility to ensure that you are legally allowed to use the Software and/or Products where you are located.
• You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
• Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
• Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
• Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
• You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you as explained above, and may incur criminal or civil liability.
• We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. And, you should be aware that the LivePhone Software itself is also a social communication tool with capabilities to post, deliver, exchange, and receive content. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools on the Website and the Software. Therefore, if you choose to use these tools to submit any type of content to our website or the Software, it is your personal responsibility to use the tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools or the Software as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that :
  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
  • Contains any type of unauthorized or unsolicited advertising.
  • Impersonates any person or entity, including any LivePhone employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

• We do not assume any liability for any content posted by you or any other 3rd party users of our website or the Software. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of LivePhone and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute the content as we see fit. This only refers to and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, which is necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
• The Software does not and is 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 LivePhone is not liable in any manner for such calls.
• Some carriers may prohibit or restrict the use of Voice over Internet Protocol (VoIP) functionality over their network, and may also impose additional fees, or other charges in connection with VoIP. You agree to learn and abide by your carrier's network restrictions. LivePhone will not be held liable for any charges, fees or liability imposed by your carrier for use of VoIP over 2G/3G/4G.
• You agree to indemnify and hold harmless LivePhone and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Fee and Rates

• Calls and texts made to other LivePhone users within LivePhone may be free. Calls and texts made outside of the LivePhone network may require LivePhone credits or payment.
• Voice calls are charged in increments of one minute, and are rounded up to the next minute.
• We reserves the right to charge for LivePhone Resources at its sole discretion. We reserves the right to change pricing and modify or discontinue any of its Resources at any time and without notice. By using LivePhone Resources, you are accepting the rates charged at the time of use.
• LivePhone is not responsible for any voice, messaging, data, Internet charges assessed by carriers or Internet service providers and incurred when accessing LivePhone Resources. Such charges are the sole responsibility of the user.

END USER LICENSE AGREEMENT

• License Grant : LivePhone agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to the terms of this Agreement. All rights not expressly granted by LivePhone are hereby reserved. You agree not to take any action to interfere with LivePhone's ownership of or rights in the Software.
• You agree that, unless otherwise permitted in this license or by law, you will not :
  • Reproduce, republish, redistribute, or transmit the Software.
  • To the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software.
  • Modify or create any derivative works based on the Software, including customization, translation, or localization.
  • Copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software.
  • Except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software.
  • Create or use any software other than as authorized by LivePhone to access the Software.
  • Attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software.
  • Use the Software in any way that violates this Agreement, or any other agreements between you and LivePhone or its affiliates or any law.
  • Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.
• Third Party Software : The Software may be incorporated into, and may incorporate itself, software and other technologies owned and controlled by third parties. Any such third party software or technology that is incorporated into the Software falls under the scope of this Agreement.
• The sponsored offers for free LivePhone credits are hosted by third party sponsors. LivePhone shall have no liability to change the policy of the third parties and shall not be responsible for any missing credits from sponsored offers. You agree to be responsible for claiming missing credits from the third party sponsors.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety.

Limitation of Warranties

We cannot guarantee that the Paid For Products will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software or Products (depending on the Products used), 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. LivePhone 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.

By using the Website or the Software, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that :

• The use of our Resources will meet your needs or requirements.
• The use of our Resources will be uninterrupted, timely, secure or free from errors.
• The information obtained by using our Resources will be accurate or reliable.
• Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that :

• Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
• No information or advice, whether expressed, implied, oral or written, obtained by you from LivePhone or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. LivePhone.app will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

WE EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR RESOURCES SHALL BE AT YOUR OWN RISK. WE SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, OUR RESOURCES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Website, the Software and the Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.