Terms & Conditions
VOCA TERMS OF SERVICE
These Terms of Service shall apply when Voca Communications AB (Voca), company registration number 556838-3961, Box 3459, SE-103 69 Stockholm, Sweden (“Voca” or “we”) provides products, services, subscriptions and software (collectively the “Service(s)”). The detailed content of the Services is stated in the description of the Services applicable from time to time.
- No access to emergency services: You should use alternative communications arrangement to ensure that you can make emergency calls if needed. We are not liable in any manner for such services.
- Calling and text messaging requires data connectivity. Please be aware that if your Device (as defined below) is not connected to a Wi-Fi network, you may be using 3G/4G or other connection provided by your mobile operator and additional charges may be incurred, in particular if abroad.
- Your use of a service provided by a third party to access the Services, including your local mobile- or Wi-Fi- or internet service provider (“Provider”), will also be subject to the Provider’s terms and conditions. For the avoidance of doubt in using any such Provider services these Terms of Service will still bind you in respect of your use of the Services.
Use of the Services
You are granted a non-exclusive, non-transferable right to use Services and Content (as defined below) via smartphone, tablet and/or any other supported device (“Device”) for non-commercial use in accordance with these Terms of Service.
Nothing in these Terms and Service shall deny you any mandatory consumer rights which you may hold as a result of local legislation in your own jurisdiction.
Intellectual property rights
All copyright, trademarks, patents and other intellectual property rights in any material or content (including software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and any other material or moving images) contained in, or accessible via the Services, (“Content”) is either owned by Voca or has been licensed to Voca by the rights’ owner(s) for use as part of the Services. Except as explicitly set forth in these Terms of Service, nothing in these Terms of Service shall entail that any intellectual property rights in the Services or the Content are assigned to you.
User Account information
You agree to provide true, accurate, current and complete information when registering for the Services, as well as any additional information provided or any amendments made by you. You are responsible for all actions that take place as a result of access to or use of the Services via your Account independently of whether the access was made by yourself or by a third party. If your Device is stolen or if you become aware of unauthorized use you are responsible for all charges to your Account.
No unlawful or prohibited use
You expressly acknowledge and agree to use the Services solely for lawful purposes and non-commercial use. You may not (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication not permitted by applicable law, (c) use the Services in any fraudulent way, (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable. Further, you may not use the Services in any manner that could damage, disable, overburden, or impair any solution infrastructure, or the network(s) connected to thereto, or interfere with any other party’s use. If you are residing in a jurisdiction where it is prohibited by law to offer or use any of the Services, you may not use the Services in such jurisdiction.
Voca has the sole and exclusive right at any time to immediately terminate any Services and/or Account if Voca interprets the use as in any way fraudulent; criminal; unethical; offensive to others; misuse; fraudulent or in other way deemed by Voca as prohibited.
Voca does not make any express warranty regarding the Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Voca shall endeavor to provide the Services with minimum disruptions. Due to the nature of Internet services, Voca cannot guarantee that the Services will always function without disruptions or delay. Voca may choose not to provide the Services to certain countries or calling areas at its sole discretion.
Service suspension / interruption
Voca is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the service at any time. All and any commercial use not deemed as consumer usage lead to immediate termination of the Services.
Payments & rates
Terms of payment are displayed and accepted by you as described in these Terms of Service and on the Voca webpage. You can pay for Services by using Credits. Credits can be purchased by available payment methods and will be credited your Account upon the time of purchase.
You pay for the Services according to displayed rates and tariffs. Prices and/or tariffs for the Services are published in the application and on the Voca webpage. Voca reserves the right to change the rates; fees and any other way to handle payments and rates at any time without notice. If you do not wish to accept such adjustment of rates you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective.
Voca cannot be held responsible in any way for costs that might be charged the end user from third party or similar while using any Services. You may request a refund on purchased Credits within 14 days of purchase, but only if you haven’t used any of the Credits. Credits are valid for 12 months from date of purchase and expired credits cannot be returned.
If you breach any representations to us or fail to perform according to the Terms of Service, or if you are subject to any proceeding under the bankruptcy acts or similar laws, you will be in default and we may, without notice to you, suspend the Services. You are entitled to terminate your Account at any time without any notice period. In such case unused credits are forfeited.
Voca may renew, amend or supplement these Terms of Service. Latest versions of terms are available on our website www.getvoca.com. Where Voca has amended the Terms of Service or otherwise amended the Services, and the amendments are to the disadvantage of you, then you may terminate the Account and cancel the Services at any time as set forth in the previous paragraph “Services termination/default”.
You accept to receive news updates and product offerings from Voca and Voca’s partners in the form of push messages, except when you expressly notify us that you do not wish to receive such information.
Limitation of liability
Voca is not liable for fraudulent behavior, misuse of information, criminal activities or the alike that are associated with any service or device, provided directly or indirectly, as part of the package offered to you at any time. The same applies in relation to acts or omissions of another Provider or third party supplier for whom we are not responsible, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are neither liable for outages, limitations or interruptions in the Services. Nor are we liable for any accidents or incidents, which result from the use of Services by you or any other person. Our liability, and the liability of any Provider or third party supplier for whom we are responsible, for any failure or mistake shall in no event exceed the call charges during the affected period. You are not entitled to any indirect damages such as lost profits or other consequential losses. The limitations on our liability shall not apply in the event of intentional misconduct, gross negligence, personal injury or liability pursuant to mandatory law. This paragraph shall survive termination of your Account.
You agree to indemnify and hold us and our employees, subsidiaries, affiliates, officers, agents or other partners harmless from any claim or demand, including without limitation attorneys’ fees, made by any third party due to or arising out of your use of the Services, including posting and submitting of any content, connection to the Services, violation of the Terms of Service, or violation of any rights of another person or entity.
We may assign our rights and obligations under the Terms of Service, wholly or partly, to any third party at any time without notice. You may not assign your rights and obligations under the Terms of Service, wholly or partly, to any third party without our prior written approval.
These general Terms of Service represent the entire agreement between you and us, and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees.
If any part of the Terms of Service is found invalid, unlawful or unenforceable, the rest of the Terms of Service remain in full force and effect.
The Terms of Service shall be governed by and construed in accordance with Swedish law, without giving effect to any conflict of laws or provisions.
Any dispute arising out of or relating to the Terms of Service shall be exclusively subject to the jurisdiction of the courts of Sweden. You may also, as a consumer in your jurisdiction, have rights to dispute resolution mechanisms outside of the courts and these Terms of Service shall not deny you any such rights.
Please note that use of the Services requires that you are of the age of consent, or that you have the permission of a parent or legal guardian. We cannot be held liable if you provide us with wrongful or misleading information while signing up for, downloading, activating, using the Services or in any other way trying or using the Services.
Controller of personal data
Voca Communications AB, company registration number 556838-3961, is the controller of personal data. Please find our contact details below.
Why do we collect your personal data?
Collecting your personal data helps us to:
- To provide you with the Services.
- To create your account and confirm that your Account can be set up (such as text-messaging your validation code).
- To communicate with you for the purpose of informing you of changes or additions to the Services or availability of additional services / features we may provide.
- To be able to communicate with you regarding your Account.
- To assess service levels, monitor traffic patterns and gauge the use of different service options, so that the Services may be improved.
- To verify access rights to the Services.
- To contact you using email, the Web or your mobile phone device with information regarding the Service, and other services that are offered in relation to the application.
- To activate functionality in the Services in any way.
- To enable you to purchase and download our current and future Services and software.
- To carry out marketing activities, except when you expressly notify us that you do not wish to receive such information.
- To enforce the Fair Usage Policy.
- To respond to claims of any violation of our rights or those of any third parties.
- As required by law.
- For billing purposes and sending receipts.
What kind of information do we collect?
When you sign up for and use our Service, Voca can collect and process personal information about you. We collect and use the following categories of information:
- Mandatory personal information provided when registering an Account (such as name, address, landline number, mobile phone number, e-mail).
- Identification data (Account number and location data).
- Electronic identification data (e.g. device information, application version, and platform).
- Call quality.
- Product deployment and purchase statistics.
- Invite statistics.
- Traffic data for the purpose of improving quality.
- In the case of online payment; banking or payment information.
- IP- cookies and browser-related information.
PLEASE NOTE: In order for the Services to work, access to your device’s phone book, or – at times – albums are needed. Access to your phone book is needed for the purpose of syncing the list contacts on your device with your list of contacts in the app and a copy of the phone numbers and names in your phone book will be stored by us. Access to your device’s albums is only needed should you wish to assign images to the apps phone book’s contacts.
What personal data may be disclosed to third parties, and why?
To fulfill our commitments and provide you with the Services we may need to cooperate with external partners and provide them with your personal data. In the case your personal data is used by third parties, this will only take place given that the third party in question complies with Voca’s binding rules and regulations – which, among other terms, include a rigid anti-spam clause. These parties will never have the right to re-use information without our specific consent. In cases where said third party complies with our strict terms, limited permission may be granted to them for the sole purpose of providing you with relevant, related content. In the case that IP or browser information is collected, we may use this information to provide relevant content and services on our website(s). In cases where we use external partners to deliver relevant content or information via, for example, e-mail or other messaging services, we only disclose that data which is relevant to that particular service. Re-use of this data by third parties is strictly forbidden. To fulfill its services some of our external partners might need to process your personal data outside the EEA-Area. All transfer of personal data to a Country outside the EEA-area will comply with applicable privacy laws.
For your benefit we use cutting-edge encryption technology to provide the highest possible security and technology to protect your personal data from unauthorized access. We may however if so required by authorities under law be required to assist in lawful intercept. You are responsible for maintaining the secrecy of your identification, such as passwords, PIN codes and/or any personal data utilized while using the Services. We cannot assume any responsibility for the content of any personal data or other information that you receive from other users through the Services. We cannot be held liable for the contents of any personal data or other information which you may receive using the Services. We cannot guarantee, or assume any responsibility for verifying the accuracy of the personal data or other information provided by any third party. You release us from any and all liability in connection with the use of such personal data or other information of others.
The right to request information and correction
You are once per annum, upon written request and free of charge, entitled to receive an abstract of our register of your personal data. The abstract will include information about which personal data about you is being processed by us and for what purposes. You are also entitled to have incorrect, misleading and incomplete data corrected, blocked or erased.
VOCA FAIR USAGE POLICY
In order to provide the best possible service to the largest number of customers, Voca Communications AB (“Voca” or “we”) has implemented this Fair Usage Policy. It applies to usage of the Services. The detailed content of the Services is stated in the description of the Services applicable form time to time. Services and subscriptions are tailored for individual/nuclear family use alone, to this end the Fair Usage Policy is a necessity in keeping global calling service affordable and efficient.
Fraudulent activity is defined as, but not limited to the following:
- Using the Services for the purpose of telemarketing.
- Reselling the Services for commercial benefit.
- Sharing Accounts – the Services are designed for individual/nuclear family use alone.
- Commercial use of the Services by, for example, call-centers, or call-shops.
- Calling behavior deemed unusual compared to average calling statistics. Your use of the Services must be fair, the limitations of which are decided with reference to typical customer usage of the Services.
- Illegal, improper or unethical use.
As a user of the Services, you are solely responsible for all activities while using the Services. Any violation of the Fair Usage Policy may provide cause for the termination of your Account. Other grounds for termination may apply and be enforced without prior notification. Terminated Account owners will not be refunded for subscriptions. Voca disclaims any and all responsibilities or liability in relation to content available through any of the Services or any third part supplier or partner.
We reserve the right to renew, modify or amend this Fair Usage Policy from time to time. The amendments are effective as soon as they are published on the Website. Voca suggests that you frequently check our Fair Usage Policy so that you are informed of any possible changes.