(Last Updated: January 27, 2015)
(the "Website"), telephone access, or through any mobile or other device, and whether directly or via a third party (each a "Service" and, collectively , the "Services").
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR OR USE ANY OF THE SERVICES.
Yelo Phone reserves the right at any time to modify the Terms or this Agreement and to impose new or additional terms or conditions on your use of Services. Yelo Phone may notify you of any such change by sending an email message to your email address on your Yelo Phone account or by a posting on the Website requiring your assent. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
Please review the Yelo Phone Privacy Notice (https://www.yelophone.com/privacy.html
), which also governs your use of the Services, to understand our practices. The Yelo Phone Privacy Notice is a part of the Terms and this Agreement.
2. Registration Restrictions and Obligations
You affirm that you are over the age of 13, as the Services are not intended for persons under 13. If you are under 13 years of age, your use of the Services is prohibited.
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction. If you provide any information that is untrue, inaccurate, incorrect or incomplete, or Yelo Phone has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yelo Phone has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You are responsible for maintaining the confidentiality of your password/PIN and are fully responsible for all activities that occur under your account. You agree to notify Yelo Phone immediately of any unauthorized use of your account or any other breach of security.
Yelo Phone cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. REGISTRATION; TERMINATION
To subscribe (opt-in) to any of the Services, you can register for a Yelo Phone account from our Website, our mobile applications, or our mobile Website(s). Yelo Phone accounts are based on telephone numbers, and must be created with your real identity and with a telephone number owned by you if the user wants to use voicemail services, Yelo to Yelo calls or make calls using the user's number. Yelo Phone reserves the right to change account information that may be legitimately considered misleading, false, or in conflict with data from industry standard telephone number and name databases from carriers and other standard sources.
You may terminate your Yelo Phone account and access to the Services by logging into Website clicking the link that says "Close Your Account" and following the instructions.
You agree that Yelo Phone may, without prior notice, immediately terminate, limit your access to or suspend your account and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to (a) breach or violation of the Terms or other incorporated agreements or guidelines, (b) a request by law enforcement or other government agency, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, (g) nonpayment of any fees owed by you in connection with the Services, and/or (h) participation by you in any way in any legal action or claim against the Company. Further, you agree that all terminations, limitations of access and suspensions for cause may be made in Yelo Phone's sole discretion and that Yelo Phone shall not be liable to you or any third-party for any termination of your account or access to the Services.
Termination of your account may include, at Yelo Phone's sole discretion, any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.
4.1 YELO PHONE'S VOICEMAIL SERVICE
One of the Services is the Yelo Phone Voicemail Service. This Service provides a number of "automatic extensions" to traditional voicemail services, and these extensions may have an impact on you or your callers with respect to privacy matters or telephone carrier service usage and related charges. Yelo Phone generally makes these features "opt-out" and generally provides settings to customize their behavior and/or turn them off, though Yelo Phone is not responsible to provide any ability for users to customize or limit any Service.
Yelo Phone's voicemail service is not static and continues to evolve over time, with new features and changes to how features behave. Yelo Phone reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Yelo Phone shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services (or any part thereof).
Yelo Phone will use reasonable efforts to notify you of certain changes that would likely materially affect you or your callers' experience with the Services. These notifications, as well as service announcements and/or administrative messages will be sent to your e-mail address provided to and kept on file with Yelo Phone, and you agree that you will keep such e-mail address accurate and up to date, and that any email notification sent to such address shall be deemed suitable notice of such changes. You also agree that a similar voice message notice from Yelo Phone left for you in your voicemail inbox will also be deemed suitable notice of such changes.
4.2 YELO PHONE'S CALL RECORDINGS
Other feature of Yelo Phone is the ability to record your calls, both incoming and outgoing. By enabling call recording you acknowledge that your calls are being recorded. Different countries (and states) have different laws, and you acknowledge that it's your responsibility to use call recordings in a licit way, compliant with the applicable laws
For your convenience your data is being store in the cloud and only you can access your data unless explicitly said otherwise by your command.
5. YELO PHONE AS YOUR AGENT
You agree that Yelo Phone is your "agent" for answering and responding to calls, and fully operates on your behalf, as if Yelo Phone were your assistant. Yelo Phone therefore relies on your continuing representation that you have obtained, and that Yelo Phone, as your agent, holds at all times, all necessary permissions to answer all incoming calls to the number you provide, access any and all contact information you provide, take messages, deliver messages to the e-mail address you provide, and to send text or e-mail messages to you and to your callers in response to any call or provided voicemail.
6. STANDARD SERVICES; PREMIUM SERVICES
Yelo Phone provides a rich set of features and capabilities in its services.
Yelo Phone does not charge for the standard Services or to become a Registered User.
Yelo Phone also offers services and features that require explicit agreement to fees prior to the use of such service or feature ("Premium Services").
Examples of Premium Services include certain greetings, voicemail transcription service plans, and other offerings that Yelo Phone may make available as "fee-based" offerings.
No fee payable to Yelo Phone will ever be charged to you unless you have taken specific action to order the Premium Service in question.
Price and availability of Premium Services are subject to change without notice, and Yelo Phone reserves the right to limit any product sold, or prohibit a sale altogether, at anytime. Yelo Phone also reserves the right to reject or cancel orders that use a coupon code that was obtained in violation of any coupon restrictions.
Subscriptions to any Premium Service may be cancelled at any time. All cancellations and downgrades are processed automatically. All Premium Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable, except that:
We automatically provide a full refund for initial purchases of a paid plan that are cancelled within 14 days, and
Except as prohibited by law, we may assess late charges if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third-party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Services if you fail to pay in full on time.
7. LIMITATIONS ON USAGE
Yelo Phone provides the Services on a limited basis that permits reasonable usage of the Services by you. Yelo Phone may choose at any time to modify and/or enforce such limitations at its sole discretion. Reasonable usage may be defined as the average reasonable customer usage levels of any Service or feature, the usage limits explicitly communicated at or after the time of purchase, or Yelo Phone's own determined levels of usage. Yelo Phone reserves the right to terminate any Service, change packaging and pricing, or otherwise take any action as necessary to prevent customer abuse and/or inappropriate or unauthorized use of Services.
You acknowledge that Yelo Phone may establish general practices and limits concerning use of the Services, including without limitation, the maximum number of days messages are retained, the maximum number of calls answered or messages retained, the maximum disk space allotted on Services on your behalf, and the maximum number of times (and the maximum duration for which) you may access Yelo Phone. You agree that Yelo Phone has no responsibility or liability for the deletion or failure to store any messages and other communications.
You acknowledge that Yelo Phone has the right to log off accounts that are inactive for an extended period of time, as well as to remove all information associated with those accounts, such as but not limited to stored voicemails, call history, contacts, and settings. Yelo Phone considers any account to be inactive if it does not have a record of at least one the following activities within a 90-day period: (a) a customer or application login and/or active session for that account, (b) a received voicemail or missed call, or (c) a payment to the account.
8. POTENTIAL SERVICE-PROVIDER CHARGES; AVOIDANCE OF SUCH CHARGES
Yelo Phone supports most carriers worldwide (the "Cellular Providers"). Standard airtime, text and data charges of your cellular provider and the cellular provider of your callers may apply when interacting with the Services. It is generally possible for you to minimize or eliminate charges from your cellular provider in connection with the Services, which may relate to three areas: telephone access number access, data connectivity, and text messages.
Access Numbers. Yelo Phone's Voicemail Service provides you a Yelo Phone telephone access number to which your missed telephone calls are forwarded and also used to retrieve your messages (which number may be the same for any given user). When calls are forwarded to a Yelo Phone telephone access number or you call to retrieve messages, normal toll and/or long distance and plan minute usage may apply. To reduce the chance of unexpected charges, we strongly recommend you have a "nationwide" cell plan that includes sufficient minutes to account for any incremental forwarding or retrieval call minutes. We also recommend retrieving messages online via the desktop or mobile web site or through our mobile apps whenever it is convenient.
Data Connectivity. Yelo Phone's mobile apps require a data connection to our servers to operate. We recommend that you have a data plan that covers your data usage to avoid incremental charges for data use.
Text Messages. Yelo Phone provides features that can result in text messages being sent to your phone, which may result in additional Cellular Provider charges. For example, under certain circumstances, you can have Yelo Phone send text messages to your phone when a new voicemail or missed call occurs ("Text Alerts"). If you use these features, we recommend that you have a text-messaging plan that includes enough text messages to avoid unexpected "per text" text-message charges from Text Alerts.
On some smartphone mobile applications text messages may also be sent from your phone on your behalf.
Based upon certain user controlled settings, Yelo Phone may generate text messages to your callers, such as replying to incoming calls with a text message to the caller. This may result in Cellular Provider charges for both you and your callers. By using these features, you are representing that we are acting as an intermediary on your behalf in sending these text messages, as part of our acting as your agent for answering and responding to calls. Yelo Phone is not responsible for any third-party fees (including but not limited to airtime, text or data charges) incurred by you or your callers.
9. HELP AND SUPPORT
Users of Yelo Phone have access to community based support, along with "answers to common questions" through the "Help" link on the Website and mobile applications.
You may report bugs, problems or complaints to support (at) yelophone.com
Yelo Phone does not guarantee communications from users will be responded to and/or acted upon.
10. NO REUSE OR RESALE OF SERVICES
By registering and/or using the Services, you agree that you will not reproduce, duplicate, copy, sell, resell, make available for gain or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services, without an explicit commercial agreement with Yelo Phone.
11. PROPRIETARY RIGHTS; INTELLECTUAL PROPERTY; INFRINGEMENT
The Company owns and retains proprietary rights in the Services. The Services contain and utilize copyrighted material, trademarks, patented technology, and other proprietary information of the Company, its licensors and licensees, and are protected by intellectual property and other laws. The Company's property includes all content included on its web sites or in its mobile applications or accessed through phone calls, including all text, graphics, logos, button icons, images, audio clips, digital downloads, data and content compilations, and software. You agree that all of Yelo Phone's trademarks, trade names, service marks, logos and brands are property of Yelo Phone (the "Yelo Phone Marks") and that you will not, without the prior permission of Yelo Phone, display or use the Yelo Phone Marks in any manner.
You shall be solely responsible for any content you provide or publish in connection with the Services, including but not limited to greetings, incoming or outgoing messages and photographs. You affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to upload/record without restriction and without infringing the rights or any other party all such content; and (b) without limiting the foregoing, you have the written consent, release, and/or permission of each and every identifiable individual person in such content to use the name or likeness of each and every such identifiable individual person in such content. You, and not Yelo Phone, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available in connection with Yelo Phone, the Services or otherwise.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE COMPANY PROVIDES THE SERVICES TO YOU ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT YOUR USE OF ANY OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, AVAILABLE, OR ERROR-FREE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
13. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Yelo Phone, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Yelo Phone, the Internet or otherwise. Yelo Phone does not control the Content posted by users via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Yelo Phone be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
You agree to not use the Services to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm any minor in any way;
c. impersonate any person or entity, including, but not limited to, a Yelo Phone official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
f. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
g. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
h. "stalk" or otherwise harass another; and/or
i. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (h) above.
You acknowledge that Yelo Phone has the right (but not the obligation) in its sole discretion to remove any Content that is available via the Services.
You acknowledge, consent and agree that Yelo Phone may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Yelo Phone, its users, and the public.
14. LIMITATION OF LIABILITY
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AND ITS AFFILIATES'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO THE COMPANY IN CASH IN CONNECTION WITH YOUR ACCOUNT. YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON OR THROUGH THE SERVICES, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
15. INDEMNITY BY REGISTERED USER
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, contractors, agents, attorneys and accountants from and against any and all claims, demands, losses, judgments, damages, and liabilities (including reasonable attorneys' fees), whether or not involving a third-party ("Claims"), that relate to or arise out of your use, mis-use, or failure to properly use or limit any of the Services, including any breach by you of the Terms or this Agreement, or any result any of the foregoing may have on any of your callers or any other third party, including without limitation any violation of the rights of any person or entity.
16. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement other than Yelo Phone affiliates, officers, directors, employees, contractors, agents, attorneys and accountants.
FORCE MAJEURE. Yelo Phone shall not be responsible for any failure to perform any obligation or provide service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, in any such case which are being experienced by providers of telecommunications services generally and not targeted or directed at Yelo Phone specifically, or (d) other similar force beyond Yelo Phone's reasonable control.
INTERPRETATION; AMENDMENT; WAIVER; SEVERABILITY. No provision of this Agreement or any exhibit or annex hereto shall be construed strictly against any party hereto, including, without limitation, the drafter hereof or thereof. No failure to exercise, and no delay in exercising and no course of dealing with respect to any right hereunder shall operate as a waiver thereof. Nor shall a waiver by any party hereto of a breach of any provision herein be deemed a waiver of any subsequent breach.
The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies. The headings or titles of the several paragraphs of this Agreement are inserted solely for convenience and are not a part of, nor shall they be used or referred to in the construction of, any provision of this Agreement.
Words in the singular number shall include the plural, and vice versa. Whenever examples are used in this Agreement with the words "including", "for example", "any", "e.g.", "such as", "etc." or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof. All references to the masculine, feminine or neuter genders shall mean and include all genders.
In case any one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, any such provision(s) shall be severed, and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any action in any other jurisdiction. Moreover, if one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad or unreasonable as to the period, scope or geographical area so as to be unenforceable at law, such provision or provisions shall be modified or substituted by the appropriate judicial body so as to cover the maximum period, scope or geographical area permitted by applicable law.
No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
LIMITED TIME TO MAKE A CLAIM. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ARBITRATION; OPT-OUT; NO TRIAL BY JURY. Except if you opt-out pursuant to the procedure below, you agree that all disputes between you and Yelo Phone (whether or not such dispute involves a third party) with regard to your relationship with Yelo Phone, including without limitation disputes related to these Terms and/or your use of any Service, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Yelo Phone hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Yelo Phone (with respect to you) will participate in a class action or class-wide arbitration for any claims or events covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Yelo Phone is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the matter, then either Yelo Phone or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Yelo Phone can require the other to participate in an arbitration proceeding. To opt out, you must notify Yelo Phone in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Yelo Phone, Attn.: Yelo Phone Arbitration Opt-out, Omval 31, 1096AA Amsterdam The Netherlands.
You must include your name and residence address, the email address and telephone number you use for your Yelo Phone account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void with respect to such matters. This arbitration agreement will survive the termination of your relationship with Yelo Phone.