1. INTRODUCTION
This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between the User (“User”) and VoIP.ms (“Company”) regarding the licensing and use of the VoIP.ms Softphone application (the “Software”). The Software is provided in collaboration with a Partner (“Partner”), which is a trusted third-party entity that develops, maintains, or supplies software and services integrated into VoIP.ms’s offerings. By installing, copying, or otherwise using the Software, the User agrees to be bound by the terms of this Agreement.
2. GRANT OF LICENSE
VoIP.ms grants the User a limited, non-exclusive, non-transferable, revocable license to install and use one copy of the Software on a single device for personal or business purposes in accordance with the terms of this Agreement.
3. LICENSE RESTRICTIONS
4. INTELLECTUAL PROPERTY
All rights, titles, and interests in and to the Software, including but not limited to patents, copyrights, trademarks, and trade secrets, remain the exclusive property of the Partner. VoIP.ms owns all rights to the branding, logos, and any modifications made to the user interface. This Agreement does not grant the User any ownership rights in the Software.
5. SOFTWARE UPDATES
VoIP.ms may, at its discretion, provide updates or modifications to the Software, which may be sourced from the Partner. Such updates may be automatic or require manual installation. VoIP.ms does not guarantee the availability, timing, or content of such updates. The User agrees that VoIP.ms has no obligation to provide support or updates.
6. PRIVACY AND DATA COLLECTION
By using the Software, the User acknowledges and agrees that VoIP.ms and its Partner may collect and use certain data related to the User’s use of the Software, including but not limited to call logs, connection details, and device information, in accordance with VoIP.ms’s Privacy Policy.
7. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VOIP.MS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VOIP.MS DOES NOT PROVIDE ANY WARRANTIES FOR THE UNDERLYING SOFTWARE PROVIDED BY THE PARTNER. VOIP.MS DOES NOT GUARANTEE THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT IT WILL FUNCTION WITHOUT INTERRUPTION.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL VOIP.MS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY THE PARTNER, EVEN IF VOIP.MS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VOIP.MS’S TOTAL LIABILITY EXCEED THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
9. EMERGENCY SERVICE LIMITATIONS
The User acknowledges that VoIP.ms Softphone may not provide traditional emergency services. Emergency calls may be subject to limitations such as inaccurate location information or call failures. The User agrees to inform all users of the Software about these limitations and maintain an alternative means of emergency communication.
10. TERMINATION
VoIP.ms reserves the right to terminate this Agreement and the User’s access to the Software at any time if the User fails to comply with the terms of this Agreement. Upon termination, the User must immediately cease using and uninstall the Software.
11. GOVERNING LAW AND DISPUTE RESOLUTION
The User agrees to follow lawful purposes while using the VoIP.ms’ Software. Call usage must comply with all applicable laws, rules and regulations in Canada, the United States, and the jurisdiction where the User is located.
To the fullest extent permitted by law, if there is any dispute related to the Company’s Software or this Agreement, it is agreed that said dispute shall be governed by the laws of the province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law that would require the application of the laws of any other jurisdiction.
Unless otherwise compelled by law, the courts in the district of Montreal, province of Quebec shall have exclusive jurisdiction on any such dispute. In the event courts in any other jurisdiction have a right to hear such dispute, both parties hereby waive irrevocably any right to trial by jury in any suit or proceeding arising therefrom.
12. LEGALLY BINDING
The Software provided by the Company is available only to legal entities and to individuals having the legal age of consent and have the legal capacity to contract (as established by the jurisdiction in which the User is located). Users who are individuals further declare that they have the legal capacity to use the Software pursuant to this Agreement, and the Company shall not be held liable for any misrepresentation by a User in this regard.
13. ASSIGNMENT
This Agreement cannot be assigned or transferred by the User without the prior written consent of the Company. The Company may assign any of its rights and obligations under this Agreement without the User’s consent if it has sent prior written notice to Users to this effect.
14. AMENDMENT
The Company reserves the right to make changes to its Software and Agreement at any time with changes becoming effective upon posting to https://voip.ms/mobile-eula. Continuous use of the Software shall be considered as acceptance of the amended Agreement.
