PiPcall App Terms and Conditions

1.          Introduction

1.1.      These app terms and conditions (“Terms”) set out how Assuract Limited (company registration number 04994562 and having its registered office at Lower Third Floor Evelyn Suite, Quantum House, 22-24 Red Lion Court, London, United Kingdom, EC4A 3EB) (“we”, “us” or “our”) will provide the Services to you (“you” or “your”) through the App. These Terms apply to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, customer, practice or course of dealing.

1.2.      Please read these Terms and our privacy policy (available at: https://www.pipcall.com/appprivacypolicy/) (“Privacy Policy”) very carefully. You acknowledge and agree that by clicking on “I Accept”, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms or our Privacy Policy, you are not permitted to use the App and are required to remove it from your Device.

1.3.      While all of these terms are important, you should pay particular attention to:

1.3.1.      the conditions of use of the App as set out in Clause 6;

1.3.2.      when you and we may terminate these Terms as set out in Clause 9;

1.3.3.      the limitations of the App and the Services and what we cannot commit to providing to you as set out in Clause 13; and

1.3.4.      our liability to you as set out in Clause 13.

1.4.      By using the App, you acknowledge that you are over the age of eighteen (18). You must be over the age of eighteen (18) to use the App and if you are not over eighteen (18) you must stop using the App and remove it from your Device.

1.5.      You are advised to retain a copy of these Terms and our Privacy Policy when you register to use the App for your future reference. A copy of these Terms and our Privacy Policy are available at: www.pipcall.com/apptermsandconditions and https://www.pipcall.com/appprivacypolicy/

2.          Definitions 

Additional Services” means any additional services offered through the App from time to time;

App” means the object code form of the PiPcall mobile application(s) available for download from the App Store;

App Generated Data” means Application Performance Data, Inbound and Outbound Call Data (each of which is as described in our Privacy Policy);

Annual Subscription” means any one of our annual subscription packages for use of the App which is subject to payment of a Subscription Fee;

Associated Business” means your employer or the organisation with which you are associated who has: (i) authorised your use of the App; (ii) authorised your Subscription; and (iii) agreed to pay the Charges on your behalf;

Business Call” means a phone call made or received by you in accordance with your Employment;

Business User” means an individual who is authorised to use the App on behalf of its Associated Business, provided that such Associated Business has entered into an agreement with us and has agreed to pay the Charges for the individual’s use of the App;

Call” means a Business Call or a Personal Call (as the context dictates and as permitted by your Associated Business);

Charges” means the charges payable to us for the Services offered through the App from time to time, including any Subscription Fee or PAYG Fees (as applicable);

Device” means your personal mobile device used to access the App in accordance with the Device Requirements;

Device Requirements” means either the iOS or Android operating system on your Device to receive the Services through the App;

Employment” means the relationship you have with your Associated Business to carry out duties on behalf of your Associated Business in return for payment or non-financial rewards;  

Intellectual Property Rights” means patents, copyright and related rights, trade marks, company names and domain names, rights in designs and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

Login Details” means the email address and password used to access the App;

PAYG Fees” means the fees payable for use of the Services, which are not Subscription Fees;

PAYG Subscription” means a thirty (30) day subscription for use of the App which is subject to payment of the PAYG Fees;

Personal Call” means a phone call made or received by you that is not in accordance with your Employment;

Services” means the services provided by us to you via the App, as more particularly described in Clauses 4.1 and 4.2, and includes the Subscription and any Additional Services; 

Subscription” means either an Annual Subscription or PAYG Subscription (as the context dictates);

Subscription Fee” means the annual fee payable to us for a Subscription;

Term” means the period of time from when you click “I Accept” until the end of the relevant Subscription, subject to the terms of Clause 9; and

Website” means our website available at: www.pipcall.com.

3.          Registration 

3.1.      The App and the Services are owned and managed by us. All information supplied through the App is managed by us. 

3.2.      We can be contacted by writing to Assuract Limited, Lower Third Floor Evelyn Suite, Quantum House, 22-24 Red Lion Court, London, United Kingdom, EC4A 3EB or by e-mail at support@pipcall.com.

3.3.      You acknowledge and agree that the information provided by you to us is true, accurate and correct. You agree to promptly notify us in writing in the event of any changes to any of your information.

3.4.      Your Login Details are for your own personal use only and you must keep your Login Details confidential and secure. Sharing your Login Details with any other person is strictly prohibited.

3.5.      You must notify us immediately if you suspect or become aware of any unauthorised use of your Login Details or any breach of our security by sending an email to us at support@pipcall.com and giving details of the unauthorised use or breach;   

3.6.      Without prejudice to our rights and remedies, we reserve the right to promptly disable your Login Details and suspend access to the App, if in our reasonable opinion, we believe that you have breached any of the provisions of these Terms.

4.          App Services

4.1.      By using the App, we will provide mobile telephony service to you to enable you to make and receive Business Calls and, if your Associated Business permits you to do so, Personal Calls, through the App on your Device.

4.2.      By using the App you will have access to the following features:

4.2.1.      the ability to use a ‘business profile’ for making and receiving Business Calls through the App and a ‘personal profile’ for making and receiving Personal Calls, provided your Associated Business permits you to do so, through the App;

4.2.2.      create contacts within the App and/or transfer the contacts in your Device to the App if you have given the App permission to access the contacts in your Device;

4.2.3.      identify the caller identity of incoming Calls if you have set up your contacts within the App or transferred your contacts to the App pursuant to Clause 4.2.2;

4.2.4.      turn on the ‘do not disturb’ setting to prevent incoming Calls when required;

4.2.5.      create a list of favourite contacts in your ‘business profile’ and ‘personal profile’ if you have these profiles pursuant to Clause 4.2.1;

4.2.6.      receive push notifications to your Device to notify you of incoming Business Calls if you have enabled this feature within the App and given the App permission to send such notifications;

4.2.7.      access to your Call history, which includes details of the Calls you have made or received (including the phone number of the Call, whether it was an incoming or an outgoing Call, the time the Call was made and Call duration; further information about this is detailed in our Privacy Policy);

4.2.8.      recording and accessing your voicemail service.

4.3.      We warrant to you that the Services will be provided using reasonable care and skill.

5.          App support

5.1.      In the event you encounter any problems with the App, please visit our online support page available at: 

6.          Conditions of use of the App

6.1.      Subject to these Terms, we hereby grant to you a non-exclusive, worldwide, perpetual, non-transferable, non-sub-licensable licence to download, install, perform, display and use the App on your Device.

6.2.      The App is for Business Users only. As a condition of using the App and receiving the Services you warrant and represent that you are a Business User and will only use the App in connection with your Employment and as otherwise permitted by your Associated Business. 

6.3.      Unless you have requested from us and received our prior written consent to do the following, or unless expressly permitted in these Terms, you must not:

6.3.1.      modify, translate, create derivative copies of, or copy, the App, in whole or in part, or combine or merge the App with any other object code or program;

6.3.2.      reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form;

6.3.3.      distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, or otherwise transfer the App or your right to use the App, to any third party;

6.3.4.      remove, modify or alter any Intellectual Property Right, or other proprietary notices or material belonging to us or our licensors contained and displayed within the App;

6.3.5.      carry out any harmful or illegal activities using the App; or

6.3.6.      use the App in any manner not expressly authorised by these Terms.

6.4.      You agree to be financially responsible for all of your use of the App (including any unauthorised use pursuant to Clause 3.5, which is strictly prohibited).

6.5.      You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the App, including all sums that your service provider may charge you from using the App, and any and all sums arising out of the App transmitting and receiving data (including but not limited to data roaming charges).

6.6.      You must, at all times during your use of the App:

6.6.1.      comply with all applicable laws, regulations, directives and legislation while using the App;

6.6.2.      comply with any guidelines or reasonable instructions issued by us from time to time in respect of your use of the App;

6.6.3.      comply with any applicable third party terms and conditions in respect of your use of the App;

6.6.4.      not do anything likely to impair, interfere with or damage or cause harm or distress to any persons while using the App;

6.6.5.      not use the App and/or any knowledge, information, know-how and/or expertise derived from using the App to commit any criminal or fraudulent act; and

6.6.6.      not use the App and/or not do anything that shall or be reasonably deemed to infringe any Intellectual Property Rights or other rights of any third parties.

6.7.      You will:

6.7.1.      ensure your Device complies with the Device Requirements prior to installing and using all features of the App and receiving the Services;

6.7.2.      ensure your Device contains adequate anti-virus protection and any appropriate firewall protections to prevent unauthorised access and use;

6.7.3.      ensure you maintain and use the most up-to-date version of the App on your Device; and

6.7.4.      take steps to back-up your data, and you acknowledge and agree that our App is not intended to be used as a back-up facility.

6.8.      You agree and acknowledge that:

6.8.1.      use of the Services will use part of your data allowance that is provided to you by your network operator and we have no responsibility if you exceed your data allowance as a result of using the Services;

6.8.2.      your access to and use of the App may be limited by your Device network carrier;

6.8.3.      we apply a fair use policy to use of our Services and you will comply with any fair use policy notified to you by us and/or your Associated Business from time to time; and

6.8.4.      you may not be able to access and use certain functionalities of the App unless you have internet access through your Device’s mobile spectrum (such as GPRS, 3G or 4G) or Wi-Fi connection and you are responsible for making all arrangements necessary for your Device to have internet connectivity.

7.          Accessing the App and use on third party devices

7.1.      Where you access the App, you acknowledge and agree that:

7.1.1.      we are in no way linked, connected or affiliated with Apple, Google, Microsoft or any other mobile “apps” provider; and

7.1.2.      we are solely responsible for providing any support and maintenance in respect of the App.

7.2.      If you receive the App via Apple for use on your iOS Device, we both acknowledge and agree to the Minimum Terms of Developer’s End-User License Agreement available here: https://www.apple.com/legal/internet-services/itunes/dev/minterms/.

8.          Subscriptions and Fees

8.1.      The App is provided free of charge.

8.2.      Our Services are provided via your Subscription.

8.3.      Your Associated Business will be responsible for paying your Subscription Fees or PAYG Fees (as applicable) on the terms we make available to your Associated Business.

8.4.      We reserve the right to terminate or suspend your access to the App and our provision of the Services if we have not received payment of the relevant Charges within fourteen (14) days of the due date of such Charges, and we will notify you that we have not received such payment. In such event, we will suspend your access to the App and/or the provision of the Services until such time as your Associated Business has paid any outstanding Charges.

8.5.      In order to comply with applicable laws and regulations, we reserve the right to limit the amount that you can spend on third party products and services, where such third party products and services are payable as part of your Subscription as a result of using the Services (“Spending Limit”). You will comply with such Spending Limits and ensure that such Spending Limits are not exceeded.

9.          Term and termination

9.1.      These Terms apply for the Term (including any Subscription renewals in accordance with Clause 9.2, as applicable), unless and until these Terms terminate or expire in accordance with this Clause 9.

9.2.      Your Associated Business may renew your Annual Subscription at any time and in such circumstances these Terms shall continue to apply during any Subscription renewal. Your PAYG Subscription automatically renews on the same date in each month as the date your PAYG Subscription started, subject to termination of your PAYG Subscription by your Associated Business or in accordance with any other provision of these Terms.

9.3.      We may terminate these Terms, or terminate or suspend your use of the App and our provision of the Services, immediately by written notice to you if:

9.3.1.      any Charges remain unpaid in accordance with Clause 8.4;

9.3.2.      we consider that you have used the App in violation of these Terms;

9.3.3.      in our reasonable opinion, we believe there has been unauthorised use or access to the App;

9.3.4.      we, at our sole discretion, decide to withdraw the App (whether in whole or in part);

9.3.5.      we have a legal or regulatory obligation imposed on us, which impacts our ability to provide the App and/or the Services; or

9.3.6.      for any other reason provided that we give you thirty (30) days’ written notice by email, SMS or via an electronic communication via the App.

9.4.      Your Associated Business may request that we terminate these Terms, or terminate or suspend your use of the App and our provision of the Services, and we will act in accordance with your Associated Businesses instructions in the following cases:

9.4.1.      the contract between us and your Associated Business ceases;

9.4.2.      your Associated Business believes that there has been unauthorised use or access to the App; or

9.4.3.      your Employment ceases.

9.5.      You may delete or remove the App from your Device at any time and these Terms shall terminate. If at any time you reinstall the App, these Terms shall apply.

9.6.      Upon termination for any reason:

9.6.1.      all rights granted to you under these Terms cease;

9.6.2.      you must cease all activities authorised by these Terms; and

9.6.3.      you must delete or remove the App from your Device.

10.        Intellectual property

10.1.   Other than in relation to any links to third party websites, we own or have a licence to use all right, title and interest in and to the App and the Services, including without limitation all Intellectual Property Rights or other proprietary notices or material belonging to us or our licensors.

10.2.   These Terms shall not give or transfer title to or ownership of the App or the Services to you. All rights in and to the App or the Services not expressly granted to you in these Terms are reserved by us.

10.3.   You must not do anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the Intellectual Property Rights owned and/or licensed to us, without first obtaining our written permission.

11.        Links to our Websites

11.1.   Hyperlinks to our Website appear in the App. If you access our Website via the App, our Website terms and conditions shall apply to your use of our Website, and such terms are available at:
http://pipcall-5339550.hs-sites.com/pipcall-trial-support-form

12.        Links to third party websites

12.1.   Hyperlinks to websites operated by third parties may appear in the App. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for the contents or your use of them, and as a result we do not accept responsibility for the availability, suitability, reliability or content of such third party websites.

12.2.   Our inclusion of such hyperlinks in the App does not imply any endorsement of the material or the views expressed within them.

13.        Our liability

13.1.   Nothing in these Terms limits any liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) and (iv) which cannot be excluded or limited by law.

13.2.   Subject to clause 13.1, we will not be liable to you for any:

13.2.1.   loss or damage that was not foreseeable to you and us when you clicked “I Accept”;

13.2.2.   loss or damage to your Device used to access the App that was not directly caused by us;

13.2.3.   loss or damage to you as a result of any interruptions, delays, errors, defects in operation or unavailability of the App and/or the Services;

13.2.4.   loss or damage to you or your Device as a result of any viruses, bugs, worms, spyware, malware, ransomware, trojan horse, logic bombs or other program or code that may cause harm to you or your Device that are caused by the App;

13.2.5.   loss or damage to you resulting from any theft or unauthorised use by a third party of any data you submit to us or that is generated by your use of the App, provided that we have taken reasonable precautions to keep such data secure;

13.2.6.   harmful, graphic or offensive material displayed to you on a third party site accessed via the App;

13.2.7.   charges incurred by you from a third party as a result of accessing or using the App and/or the Services;

13.2.8.   loss or damage to you that is the result of services provided to us by our agents or subcontractors, including their acts, errors or omissions; and

13.2.9.   delays in the Service or any acts or omissions by us, that result from circumstances beyond our reasonable control, provided that we use reasonable efforts to avoid or rectify such delays, acts or omissions.

13.3.   Subject to clause 13.1, if you use the Services for personal use (which includes making Personal Calls), we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), and whether foreseeable or not, arising under or in connection with the App or the Services, that does not flow directly and naturally from our breach of these Terms or our Privacy Policy.

13.4.   Subject to clause 13.1 and 13.2, our liability to you will be limited to the cost of repairing or replacing your Device up to a maximum of £1000 for:

13.4.1.   any breach of any implied statutory duty owed to you by us, including that we must provide the Services to you with reasonable care and skill and in accordance with the information provided by us about the Service;

13.4.2.   loss of, or damage to, your Device because of our negligence or wilful conduct, provided that you have taken steps to protect your Device and your data in accordance with Clause 6.7; and

13.4.3.   any other loss caused by our breach of these Terms or our Privacy Policy.

13.5.   You acknowledge that the App, the Services and any other information, software, products and services available through the App may include inaccuracies and/or typographical errors, and that we do not guarantee the accuracy of, and will not be liable for inaccuracies in the App, the Application Services and the Content.

13.6.   We will use our reasonable endeavours to make the App available to you at all times, but we cannot guarantee that the App will be uninterrupted or fault free, or that defects in the App will be corrected. 

14.        Data protection

14.1.   We are committed to protecting your privacy and the confidentiality of the information provided by you, or that we collect about you, in respect of your use of the App and we will only use your information in accordance with our Privacy Policy.

15.        Changes to the App

15.1.   We reserve the right to make changes to the App (in whole or in part) from time to time including, the removal, modification and/or variation of any of the Services available through the App (“Updates”), and subject to Clause 15.4, we shall notify you of such Updates in accordance with Clause 16.2, where these Updates will have a major impact on your use of the Services. In such circumstances, you may exercise your rights set out in Clause 9.5.

15.2.   If you choose not to install an Update or if you opt out of automatic Updates, you may not be able to continue using the App and/or the Services.

15.3.   We also reserve the right to impose additional Charges in respect of the Services offered through the App, over and above the Subscription Fees or PAYG Fees (as applicable) and your Associated Business will be responsible for paying such Charges in accordance with Clause 1. The amount of such Charges and the payment terms shall be as detailed in the App, in these Terms or on our Website from time to time.

15.4.   We are under no obligation to notify you of any improvements and/or changes to the App that result in minor adjustments or corrections to the App and/or the Service.

16.        Changes to these Terms

16.1.   These Terms may only be modified with our prior written consent. We may alter or amend these Terms, including introducing new terms, that are: (i) the result of a change in the law or our business; (ii) necessary for the provision of the App and/or the Services; or (iii) the result of any improvements to the App and/or the Services.

16.2.   Subject to Clause 16.4, if we make any changes (including any changes to our policies), we will: (i) give one (1) month prior written notice to you by email; and (ii) make available a copy of the new terms and conditions in our App, which will take effect from the date we publish such terms in our App.

16.3.   Between receipt of the notice pursuant to Clause 16.2, and the proposed date of a change, you may exercise your rights set out in Clause 9.5. By continuing to use the App from the date of the change, you are accepting such changes to these Terms.

16.4.   We are under no obligation to notify you of any changes to these Terms that result in minor adjustments or corrections to these Terms.

17.        Disputes and complaints

17.1.   These Terms are governed by the laws of England and Wales. In the event of a dispute in connection with these Terms, our Privacy Policy, the App and/or the Services (“Dispute”), you agree that such Dispute will be dealt with exclusively by the courts of England.

17.2.   Subject to Clause 17.1, if any court considers any clause of these Terms is illegal, invalid, or unenforceable, such clause will not apply to you or us (as applicable), and will not affect the validity or enforceability of the remainder of the terms of these Terms.

17.3.   If you have a complaint or query about these Terms, our Privacy Policy, the App and/or the Services, or if you feel that any materials appearing on the App are offensive, objectionable or potentially defamatory, you may contact our customer services team at support@pipcall.com by providing full details of the nature of your complaint and the materials to which the complaint relates.

17.4.   We have procedures in place to make sure that we handle your complaint fairly and quickly.

18.        Other important terms

18.1.   You must provide us with an email address, your mobile phone number for your Device and your phone number that will be presented to those you make a Business Call to, and you must let us know if any of these change during the Term. References to “in writing” in these Terms in respect of a notice from one party to the other shall be effective if sent by email.

18.2.   These Terms are the entire agreement between you and us in relation to its subject matter and formation. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.

18.3.   We may transfer our rights and obligations under these Terms to another organisation and will provide you with notice in writing if this happens. You may only transfer your rights or obligations under these Terms to another person if we agree to such transfer in writing.

18.4.   Any failure by you or us to enforce (at any time) any term or condition of these Terms, will not be considered a waiver of your or our right (as applicable) to enforce any terms of these Terms.

18.5.   Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us under the Contracts (Rights of Third Parties) Act 1999 and such third parties shall not be entitled to enforce any term of these Terms against us.

18.6.   The language of these Terms is English and all notices and information given under these Terms will be in English.

19. CLI Forwarding

“I hereby confirm on behalf of you (the “Applicant”) to Assuract ltd (trading as PiPcall) , I am duly authorised so to do, that:

 

  • the number requested for use as a presentation number (“PN”) is either allocated to the Applicant and the Applicant does not require the permission of anyone else in relation to that number or the requested PN is not allocated to the Applicant but consent from the allocated owner for its use as a PN has been obtained and has not been withdrawn; 
  • the requested PN is in use; 
  • the Applicant shall immediately inform Assuract ltd if any of the information in this statement ceases to be correct; 
  • Assuract may suspend and/or withdraw use of its Presentation CLI Service if it is subsequently found that the information in this statement was, or has become, inaccurate or if the PN is being misused in any way; 
  • the Applicant understands that the PN must not be a number that connects to a revenue sharing number that generates excessive or unexpected call charges in which case the telecommunications service provider may suspend and/or withdraw use of the Presentation CLI Service;
  • The Applicant acknowledges that Assuract may withdraw the service without penalty in the event that a) having made the appropriate configuration change the Applicant fails to make at least one test call within twenty (20) working days and/or b) the Applicant reverses the configuration change.

 

The Applicant hereby indemnifies Assuract ltd against any claims by any third party relating to use of the PNs.

The Applicant hereby acknowledges that Assuract ltd may withdraw this facility at any time for regulatory or legal reasons or if it suspects its misuse or if its use is challenged by any third party.

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