Terms and Conditions for Cloud-based Telephony Service
1. Introduction
Welcome to CLINQ (“the Service”), a VoIP-Service of CLINQ global services GmbH, Gladbacher Str. 74, 40219 Duesseldorf, Germany (“CLINQ”).
These Terms and Conditions (“Terms”) govern your access to and use of our cloud-based telephony service, including any content, functionality, and services offered on or through the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Service.
2. Service Description
The service provides cloud-based telephony solutions, including Voice over Internet Protocol (VoIP) communications. This includes features such as:
- Voice calls over the internet
- Voicemail services
- Call forwarding and routing
- Call Center
- Integration with other cloud services
- Mobile and desktop applications for managing calls
3. User Obligations
3.1 Account Registration
To use the Service, you must register for an account. During registration, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. CLINQ is entitled to request proof of residence or business location, or the location of the connection—particularly to comply with public law regulations. For local phone numbers, this also includes verification of the local network reference.
You are responsible for all activities that occur under your account.
3.2 Compliance with Laws
You agree to use the Service only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. You may not use the Service to:
- Engage in any activity that is fraudulent, abusive, or illegal
- Transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Interfere with or disrupt the Service or servers or networks connected to the Service
3.3 Security
You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your account. Furthermore, you must immediately notify us of any unauthorized use of your account or any other breach of security.
3.4 Payment procedure
The prerequisite for using CLINQ team products is your participation in the credit card procedure and the customer's agreement to the billing of services according to the Auto-Prepay method.
4. Pricing
The service fees are determined by the current price list. The current price list can be viewed online at any time.
5. Number Portability
CLINQ offers inbound and outbound number portability upon the customer's written request, in accordance with applicable laws and technical and geographical conditions.
6. Limitations of Service
6.1 Service Availability
The Service is provided on an “as-is” and “as-available” basis. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. There may be delays, omissions, interruptions, and inaccuracies in the information or other materials available through the Service.
6.2 Emergency Services
VoIP services provided by the Service may have limitations when it comes to emergency calls (e.g., 911, 112).
An emergency address is required for US and Canadian numbers to provide to responders when 911 is dialed. Users must provide and keep an accurate address, up to date for emergencies.
Operation and Limitations:
- Location Information: CLINQ does not automatically detect user location; 911 calls are routed using user-provided Registered Location Information, which in some cases has to be confirmed during the call.
- Address Requirement: Users must provide a physical address for 911 services to dispatch emergency responders.
- Updating Address Information: Users must update their address information when it changes. There may be delays in updating 911 call routing.
- National Emergency Call Center: If local routing fails, calls may go to a National Emergency Call Center, where users must provide location details manually.
- Internet Dependency: 911 service requires an active internet connection. Service is unavailable if the internet connection is lost or interrupted.
- Power Dependency: 911 service requires powered devices and internet access. During power outages, the service is unavailable without backup power.
- User Awareness: Customers should inform potential users about CLINQ 911 service limitations compared to traditional 911 services.
- Alternative Access: If uncomfortable with these limitations, customers should consider alternative 911 access methods.
Liability and Indemnification:
- CLINQ relies on third parties for call routing and does not control how calls are answered or handled by emergency centers.
- CLINQ disclaims liability for routing errors, unless caused by gross negligence or willful misconduct.
- Customers must indemnify CLINQ against claims or losses related to 911 service failures, including misrouted calls and service outages.
You are advised to maintain an alternative means of accessing emergency services.
6.3 Geographic Restrictions
The availability of the Service may be subject to geographic restrictions. You are responsible for ensuring that the Service is available and legal in your location. We may restrict or terminate access to the Service in certain locations without notice.
6.4 Quality of Service
Quality of VoIP calls may vary due to factors including but not limited to network congestion, internet connectivity, and the hardware used by you. We do not guarantee the quality of VoIP calls.
7. Limitation of Liability
7.1 General Limitation
To the maximum extent permitted by applicable law, CLINQ global services GmbH, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Service
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from the Service
- Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Service by any third party
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service
7.2 Total Liability
In no event shall CLINQ's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using the Service during the twelve (12) months preceding the date of your claim.
7.3 No Liability for Third-party Actions
We are not liable for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
8. Indemnification
You agree to indemnify, defend, and hold harmless CLINQ, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:
- Your access to or use of the Service
- Your violation of these Terms
- Your violation of any rights of a third party, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
- Any claim that your use of the Service caused damage to a third party
9. Intellectual Property
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by CLINQ, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
- Modify copies of any materials from the Service
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service
10. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
The contract duration for your contract is one month. After that, the contract is automatically extended by one month unless it is terminated.
The contract can be terminated by either party at any time with a notice period of one business day to the end of a month, meaning that there must be a full business day between the termination notice and the day on which the termination is to become effective. The termination must be in written form (e.g., via email). CLINQ is entitled to request proof of the identity/legitimacy of the terminating party.
The CLINQ account remains free of charge after the termination of the contract and can be deleted at any time at the customer's request. CLINQ reserves the right to delete inactive accounts in accordance with the applicable CLINQ terms and conditions.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. You agree that any dispute arising from or relating to the subject of these Terms shall be governed by the exclusive jurisdiction and venue of the courts located in Duesseldorf, Germany.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
13. Contact Information
If you have any questions about these Terms, please contact us at:
CLINQ global services GmbH
Gladbacher Str. 74, 40219 Duesseldorf, Germany
legal@clinq.com
By using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.
As of: 29 July 2024