2.2 You agree that you do not own the gixconnect Local Number or have any right to retain the gixconnect Local Number forever. The gixconnect Local Number will be allocated to you, provided that the Administrators determine that the number is available and legally permissible. If you are eligible for a phone number, it will be allocated to you as soon as reasonably possible after the Administrators have received your request. Neither gixconnect nor the Administrators guarantee that a requested phone number can be allocated to you or that you can make use of the gixconnect Local Number feature. The allocation of a phone number to you does not constitute any transfer of title, ownership, license or other rights with regard to the phone number. If you terminate your subscription to the gixconnect Local Number Service, there is no guarantee that the phone number allocated to you prior to your termination of your subscription will be available for use. Neither gixconnect nor the Administrators will be liable for any damages resulting from a phone number change. The Administrators may, without any liability to gixconnect and/or the Administrators, refuse, de-allocate or terminate any phone number at any time. If gixconnect and/or the Administrators de-allocate or terminate the phone number that has been allocated to you for any reason, you will not be entitled to a refund from gixconnect or the Administrators. You must review the terms of purchase between you and the online store from which you purchased a subscription to the gixconnect Local Number Service in order to determine whether you are entitled to any refund from them.
2.4 While you may use gixconnect Local Number for incoming and outgoing calls, you may not forward, transfer or port away your phone number to any other service provider or any other third party.
2.5 You may not use the gixconnect Local Number and/or the gixconnect Local Number Service for any identity verification purposes.
2.7 The gixconnect Local Number Service is intended for individual use only. We may terminate your subscription and/or block your access to and/or usage of the gixconnect Local Number Service if we notice that your usage is in breach of our gixconnect Local Number Fair Usage Principles. We reserve the right to change the gixconnect Local Number Service subscription plan or stop offering it at any time. In the event the gixconnect Local Number Service includes a bundle of features, we will notify you in the event that the types of products included in the subscription service change and you will have the right to terminate the subscription.
2.8 You understand that the caller ID for persons calling your VLN number may not reflect the original phone number of the caller.
2.9 Updates; Technical Improvement and Maintenance. gixconnect may change technical features of the gixconnect Local Number Service and/or the gixconnect Software in order to keep pace with the latest demands and technological developments and/or to comply with any regulations. gixconnect may also have to repair, improve, and/or upgrade the gixconnect Local Number Service and/or the gixconnect Software and/or communicate with our servers to repair, improve, upgrade, and/or check for available updates to the gixconnect Local Number Services and/or the gixconnect Software, including bug fixes, patches, missing plug-ins and new versions (collectively, “Updates”). gixconnect has no obligation to provide you with such Updates and we do so solely at our option. To ensure that you have the most recent updates for the gixconnect Local Number Services and the gixconnect Software, you should periodically visit App Store or Google Play, as applicable, to check for Updates. We will have no liability for your inability to use certain features of the gixconnect Local Number Services or reduced gixconnect Local Number Services performance associated with your failure to install available Updates. During the Update process, the gixconnect Software may send to us or our partners a request for the latest software version. By installing the gixconnect Software, you hereby agree to allow us the option to automatically provide Updates from our and/or our partners’ servers.
2.10 Content of Communications. gixconnect does not control, or have any knowledge of the content of any communication(s) spread by the use of the gixconnect Local Number Service. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable. gixconnect will not be liable for any type of communication received by means of the gixconnect Local Number Service.
2.11 Information. You will be required to provide gixconnect with certain data or other information necessary for proper provision of the gixconnect Local Number Service. In particular, you agree to provide accurate and complete information with regard to your place of residence and your use of the gixconnect Local Number, and all such other information with regard to fulfilment of the requirements of the number plan, as may reasonably be required from time-to-time by gixconnect.
2.12 No reselling. You agree not to transfer, resell, lease, license or otherwise make available the gixconnect Local Number Services to third parties or offer them on a standalone basis.
Subject to the terms and conditions of this Agreement, gixconnect grants you a personal, non-transferable, non-assignable, revocable and non-exclusive right to use the gixconnect Local Number, the gixconnect Local Number Service and the gixconnect Software on your smartphone, computer or other digital device for the relevant subscription period; provided that you do not (and do not allow anyone else to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise use the gixconnect Local Number Services except as specifically provided in this Agreement. If you do not renew your gixconnect Local Number Service subscription, we may immediately revoke the phone number, at our sole discretion, and your plan may be deemed obsolete or non-renewable upon the expiration of your subscription. You agree not to modify the gixconnect Local Number Services or gixconnect Software in any manner or form, or to use modified versions of the associated software, including for the purpose of obtaining unauthorized access to any application, account and/or the gixconnect Local Number Services.
The gixconnect Local Number Service and the gixconnect Software and all materials incorporated by gixconnect in connection with same, including but not limited to works of authorship, indicators of source, logos, images, etc. (the “Materials”), is/are protected by copyrights, trademarks, patents, trade secrets and/or other intellectual property and/or proprietary rights, whether or not registered and/or applied for (the “Intellectual Property”). We expressly reserve all rights in the Materials and/or the Intellectual Property not specifically granted you. You agree that all right, title and interest in the Materials and/or Intellectual Property, including but not limited to any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with us (or third party suppliers, if applicable) and that the Materials and/or Intellectual Property provided by us and not sold to you hereunder are provided to you on a subscription basis only for the term of your subscription.
5.1 The rates for using the gixconnect Local Number Service are set out in the gixconnect application.
5.2 gixconnect may change the rates for use of the gixconnect Local Number Service at any time without notice to you by posting such change on the gixconnect application. The new rate will apply to your next subscription renewal term after the new rates have been published. If you do not accept the new rates, you should cancel your subscription.
5.3 gixconnect may collect VAT or other indirect taxes at the applicable rate for the particular country (as per applicable tax rules) at the time of purchase of the gixconnect Local Number Service or at the time you renew your gixconnect Local Number Service subscription.
6.2 Payments for the gixconnect Local Number Service subscription are made on a recurring payment basis. This means that you agree that at the applicable recurring intervals your payment method will be automatically charged until you actively elect to terminate your subscription to the gixconnect Local Number Service in accordance with the App Store and/or Google Play policies, as applicable.
6.3 All additional information concerning payments, credits and/or refunds can be found in our Payments Policy.
You agree that you are responsible for your own communications and for any consequences that arise from them. You agree that you will use the gixconnect Local Number Service in compliance with all applicable local, state, national, and international laws rules and regulations. Among other things, you will not to use the gixconnect Local Number Service, or authorize or encourage any third party to use the gixconnect Local Number Service, in the following prohibited ways:
7.1 Using the gixconnect Local Number Service to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of gixconnect and/or the Administrators.
7.2 Attempting to bypass or break any security mechanism on any of the gixconnect Local Number Service or using the gixconnect Local Number Service in any other manner that poses a material security or service risk to gixconnect and/or the Administrators, or any of their respective other customers.
7.3 Reverse-engineering the gixconnect Local Number Service in order to find limitations, vulnerabilities, or evade filtering capabilities.
7.4 Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on the gixconnect Local Number Service or any other conduct that materially and adversely impacts the availability, reliability, or stability of the gixconnect Local Number Service.
7.5 Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
7.6 Using the gixconnect Local Number Service in any manner that materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) carrier guidelines and usage requirements as communicated in writing by gixconnect and/or the Administrators to you.
7.7 Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act and all similar applicable laws throughout the world.
7. 8 Using the gixconnect Local Number Service in connection with unsolicited or harassing messages (commercial or otherwise), including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
7.9 Using the gixconnect Local Number Service to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
7.10 Using the gixconnect Local Number Service to engage in, or in connection with fraudulent activity.
7.11 Using the gixconnect Local Number Service to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, or to process Sensitive Data as defined under the European General Data Protection Regulation (GDPR).
7.12 Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software.
7.13 Using the gixconnect Local Number Service to transmit any material that infringes the intellectual property rights or other rights of third parties.
7.14 Removing any Intellectual Property notices contained in the gixconnect Software or Materials, including those of any of our business associates, from whom we may have licensed certain components used in connection with the gixconnect Local Number Services.
7.15 Using the gixconnect Local Number Service to transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that gixconnect and/or the Administrators reasonably believe degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
7.16 Using the gixconnect Local Number Service to transmit any material or content that is offensive, inappropriate, pornographic, obscene or otherwise objectionable to any person or entity who did not provide prior express consent to receive such material or content.
7.17 Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
7.18 Unless specifically authorized in writing by gixconnect, launching any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers”, including without limitation, wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the gixconnect Local Number Service in a manner that sends more request messages to gixconnect’s servers in a given period of time than a human can reasonably produce in the same period by using the gixconnect Local Number Service. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain.
8.1 You agree that gixconnect and/or the Administrators may immediately suspend and/or terminate this Agreement and your subscription to use the gixconnect Local Number Service, without any refund, (a) if requested by law enforcement or other government agencies, (b) as a result of unexpected technical or security issues or problems, (c) if we reasonably suspect that you are using the gixconnect Local Number Service in a fraudulent manner, (d) if your use of the gixconnect Local Number Service violates any laws, regulations, or rules, or otherwise disrupts use of the gixconnect Local Number Service by others, (e) as a result of nonpayment of any fees, including subscription renewal fees, owed by you in connection with your use of the gixconnect Local Number Service, (f) as a result of changes in any rules or regulations that affect our ability to provide the gixconnect Local Number Service, (g) if we become aware of unreasonably excessive use of the gixconnect Local Number Services, including but not limited to usage which is extraordinarily greater than the average customer usage, or your calling more than 50 different phone numbers per day, or your systematic or intentional misuse, or (h) your breach or violation of any of your obligations under this Agreement or incorporated agreements or guidelines. Termination of your subscription will result in the cancellation of your ability to use the gixconnect Local Number Service, without refund, and the deletion of all related Account information associated with or inside your Account. Further, you agree that any termination of this Agreement under this Section will be made in gixconnect’s and/or the Administrators’ sole discretion and that gixconnect and/or the Administrators, and each of their respective agents or Affiliates, shall not be liable to you or anybody else for termination of your subscription or this Agreement in accordance with this Section. If a phone number associated with your gixconnect Local Number Service is transferred, the gixconnect Local Number Services associated with that number will be terminated.
8.2 We aspire that you will always continue to share good vibes through the use of the gixconnect Local Number Service, but you may terminate your gixconnect Local Number Service subscription at any time. Remaining balances will not be refunded.
8.3 All provisions of this Agreement that must survive in order to give effect to their meaning will survive any expiration or termination of this Agreement, including without limitation, all of your representations, warranties, and indemnification obligations hereunder.
9.1 The gixconnect Local Number Service is provided under gixconnect’s license according to the terms of this Agreement. gixconnect will try to provide the gixconnect Local Number Service with minimum disruptions. However, neither gixconnect nor the Administrators guarantee that the gixconnect Local Number Service will always function without disruptions, delay or other imperfections. Since the gixconnect Local Number Service will be transmitted through public Internet lines and the public switched telephone network (“PSTN”), there may be power outages or Internet service disruption and you may experience some disruptions, e.g., packet loss and delay which will interfere with the quality of your communication. Additionally, you also understand that calls to or from the PSTN are not encrypted and as such, could be potentially subject to interception by law enforcement officials or other such monitoring by other legally authorized third parties. Neither gixconnect nor the Administrators shall be liable for any disruption, delays, monitoring, eavesdropping or other omissions in the gixconnect Local Number Service.
9.2 WITHOUT LIMITING gixconnect’S EXPRESS WARRANTIES AND OBLIGATIONS UNDER THESE TERMS, gixconnect HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE gixconnect LOCAL NUMBER SERVICE IS PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.
You will defend, indemnify and hold gixconnect and its Affiliates harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation or enforcement action arising out of or relating to your activities under this Agreement, including, without limitation, any violation by you of this Agreement (“Claim”). You will pay all costs, reasonable attorneys’ fees and any settlement amounts or damages awarded against us in connection with any Claim. You will also be liable to us for any costs and attorneys’ fees we incur to successfully establish or enforce our right to indemnification under this Section.
11.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL gixconnect BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF WE HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS DESCRIBED UNDER THIS AGREEMENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL gixconnect BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM.
11.2 THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
11.3 THE gixconnect LOCAL NUMBER SERVICE IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS MESSAGES TO ANY EMERGENCY SERVICES. NEITHER gixconnect NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU WILL HOLD gixconnect HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE OUR SERVICES TO CONTACT EMERGENCY SERVICES.
11.4 AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS AS ESTABLISHED HEREIN, SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT THE LIABILITY WILL BE LIMITED AS FAR AS LEGALLY POSSIBLE UNDER THE APPLICABLE LAWS.
You acknowledge and understand that the gixconnect Local Number Service may not function, and gixconnect will not be in breach of any of its obligations towards you under this Agreement, in the event of a force majeure event. A force majeure event means any event beyond the control of gixconnect. In the event gixconnect is affected by a force majeure event, it shall promptly notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. gixconnect SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
13.1 Entire Agreement. The terms and conditions of this Agreement, and all agreements and policies incorporated and/or referenced herein, constitute the entire agreement between you and gixconnect with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either you or gixconnect arising from fraud or fraudulent misrepresentation.
13.2 Partial Invalidity. If any provision of this Agreement, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to this Agreement as a whole, the legality, validity or enforceability of the remainder of this Agreement (including the remainder of the term which contains the relevant provision) shall not be affected.
13.3 No Waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided by the terms of this Agreement or by law shall not constitute a waiver of that right, power or remedy. If gixconnect waives a breach of any provision of this Agreement, this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
13.4 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
13.5 How to Contact Us. The gixconnect Local Number Service is controlled and operated by MyGix , a société à responsabilité limitée incorporated under the laws of the Grand Duchy of Luxembourg, with registered office at 2, rue des Fossé, L-1536 Luxembourg, Grand Duchy of Luxembourg, and registered with the Trade and Companies Register of Luxembourg. Please forward any comments or complaints about the gixconnect Local Number Service to firstname.lastname@example.org. Please forward any questions regarding privacy to email@example.com and other legal matters to firstname.lastname@example.org
13.6 Language. In the event you read the terms of this Agreement in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE gixconnect LOCAL NUMBER SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND GRANT TO gixconnect THE RIGHTS SET FORTH HEREIN.
14.1 Account: your account set up for the use of all of gixconnect’s services, including but not limited to the gixconnect Software, the gixconnect Local Number, the gixconnect Local Number Services.
14.2 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, gixconnect or any of the Administrators (as defined below), according to the context of the terms of the Agreement. For the purpose of this definition, the word “control” shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
14.4 Gixconnect Local Number: the unique Voice over Internet Protocol (“VoIP”) phone number and area code provided to you in connection with the gixconnect Local Number Service.
14.5 Gixconnect Local Number Service: the VoIP service consisting of the provision of a gixconnect Local Number with the sole goal of allowing you to receive incoming calls and messages and make outgoing calls and messages.
14.6 Gixconnect Software: the software distributed by gixconnect for internet communications, enabling you to use the Service, including without limitation any subsequent programming fixes, updates, upgrades and new versions of such software.
14.8 Website: any and all elements and contents of the website available, amongst other URLs, under the URL www.mygix.com, from which website the gixconnect Software can be downloaded.
14.9 You: you, the end user of the gixconnect Local Number Service and licensee of the gixconnect Software and gixconnect Local Number Service, also used in the form “your”, where applicable.