Free Trial Account agreement
- AUP: The Acceptable Use Policy published on the Voxbone website: www.voxbone.com. Voxbone reserves the right to make changes to the AUP from time to time, effective upon posting of the revised AUP on the website.
- Authorized User: means an individual who acting under responsibility of the Lead has been granted access to the Free Trial Account in order to test Voxbone’s services.
- Data Controller: means the natural or legal person which determines the purposes and means of the processing of Personal Data.
- Data Processor: means the Party who processes Personal Data on behalf of the Data Controller
- Effective date: a validation date by Voxbone of the Free Trial Account.
- Free Trial Account: an online account enabling Lead to evaluate Voxbone Numbers and Services during the Free Trial Term at no charge.
- Free Trial Term: thirty (30) days period during which Lead may evaluate Voxbone Numbers and Services at no charge.
- Lead: a party signing up for a Free Trial Account in order to evaluate Voxbone Numbers and Services.
- Number: a Voxbone phone number used by Lead to test a Service provided by Voxbone.
- Personal Data: means any information relating to an identified or identifiable natural person where an identifiable person is one who can be identified, directly or indirectly. For the purposes of this Agreement, it means data related to an individual including data transmissions (such as the originating and destination numbers, IP addresses, date, time and duration of voice or data transmissions, and other data necessary for the establishment, billing or maintenance of the transmission), and data containing personal and/or private information of the Lead, Lead’s officers, employees or any other Authorized Users of the Services, provided at the time of registration.
- Recording: means an audio file captured from a voice call.
- Service(s): means provision of test Numbers with a capacity of two (2) simultaneous calls per test Number, as well as free credit for evaluation purposes, in order to test voice inbound VoiP services, VoxOUT International, VoxSMS inbound and outbound and a beta version of the Speech Analytics.
- Speech Analytics: means the extraction of data out of a transcription in order to capture the sentiment of a communication and produce actionable insights.
- Transcription: means the representation of speech in written form.
- Upgrade: Lead’s request to Voxbone to become a Customer in order to purchase Services in accordance with Voxbone Terms of Sale.
- Usage Based Charges: charges determined in function of usage such as the per minute charges due for using the Vox800 Service (toll free, shared costs and special Numbers), the VoxOUT International and the per SMS charges due for using the VoxSMS Inbound and VoxSMS Outbound.
2. Scope of the Free Trial Account
2.1. Lead may evaluate the Services, as from the Effective date, subject to the terms and conditions contained herein.
2.2. During the Free Trial Term, Voxbone shall provide Lead with:
- Two (2) test Numbers;
- Maximum two (2) simultaneous calls per test Number;
- A free credit of 5 EUR/USD in order to evaluate a Service based on Usage Based Charges such us Toll free, VoxSMS Outbound or VoxOUT International;
- 100 free minutes to test the recording, transcription and Speech Analytics. A reminder will be sent to the Lead when it is about to exceed that amount.
2.3. Lead acknowledges and agrees that access to emergency services is expressly prohibited. In the event that Lead wishes to purchase services that are beyond the scope of the Free Trial Account, Lead shall upgrade its account.
2.4. The Numbers and Services are available on a “as is” basis without any warranty. In the event of any suspension or degradation of Service, Lead may contact Voxbone Customer service. Lead’s sole remedy for any dissatisfaction is termination of the Free Trial Account.
2.5. Voxbone is providing the recording, transcription and Speech Analytics in its beta version. Therefore, Voxbone does not guarantee any level of service, quality or support during this beta phase. In no event shall Voxbone be liable for damages arising from the use of the recording, transcription and/or Speech Analytics.
2.6. Voxbone reserves the right to suspend or to terminate the Agreement at any time without notice and without liability. Upon termination or expiry of the Free Trial Account, Lead shall not be entitled to a reimbursement of any remaining free credit or minutes.
2.7. Lead acknowledges and agrees that upon the expiry of the Free Trial period, the Free Trial Account will be deactivated and test numbers disconnected. At any time during the Free Trial Term or upon the expiry of the Free Trial Account, Lead may upgrade its account unless Voxbone has exercised its right to terminate the Free Trial Account. Upon upgrade, the remaining free credit and/or minutes will be added to the Customer account and test Numbers may be converted into regular Numbers.
3. Lead’s obligations
3.1. Lead shall comply and shall require each authorized user to comply with:
(i) All relevant laws and regulations, usage restrictions and service restrictions that may apply to the Services; these restrictions may include national laws and sectoral laws that specifically regulate areas such as call recording;
(ii) Local address requirements should the test Numbers be subject to specific location and address requirements that may apply to the Services;
(iii) The provisions of the AUP as modified from time to time;
(iv) Lead is prohibited from using the Services for commercial purposes until Lead upgrades its account.
3.2. Making outgoing calls or sending out SMS using a Number as CLI via a third party provider is strictly prohibited.
4. Confidentiality and Personal Data
4.1. The terms of the Free Trial Account and all information in connection with this Agreement are confidential and each party agrees and represents, on behalf of itself, its employees and agents to whom it is permitted to disclose such information that it will not disclose such information to any third party. However, each party shall have the right to disclose such information to its officers, directors, employees, auditors, attorneys and partners who are under an obligation to maintain the confidentiality thereof and may disclose such information as necessary to comply with an order of any administrative agency or court of competent jurisdiction or as reasonably necessary to comply with any applicable law or regulation.
4.2. Lead acknowledges that Voxbone may process Personal Data in connection with the provision of Services. In this regard, Lead acknowledges that Voxbone shall act as a Data Controller with respect to traffic and billing data, and as a Data Processor for other Personal Data related to the Lead, its Authorized Users and/or the call participants in the case of recorded calls while using the Speech Analytics.
4.3. Voxbone shall process Personal Data under this Agreement according to the following purposes:
(i) The provision of the requested Services;
(ii) Administration, provisioning, billing, verification of Lead identity, maintenance, support, product development, fraud detection and prevention, sales, revenue and Lead analysis and reporting;
(iii) The provision of information about Voxbone and its range of services (e.g. new services, promotions, etc), its professional and social activities, and about any topics that could be of interest to the Lead.
4.4. Lead acknowledges that Voxbone may maintain data processing operations in countries that are outside of the European Economic Area (“EEA”) and Switzerland if it is deemed necessary for the provision of the Services. If this sort of processing becomes necessary, Voxbone will put in place and comply with the EU Commission’s “Controller-to-Processor Model Clauses”.
4.5. The Lead and the Authorized Users may object to the Processing of their Personal Data at any time, bearing in mind that such objection might prevent Voxbone from providing the Services in an adequate manner.
4.6. Voxbone will store traffic data for as long as requested by applicable national laws. Any other data generated from the Speech Analytics will be deleted after 30 calendar days, unless Lead becomes a Customer, where specific conditions shall apply.
5. Intellectual property rights
5.1. Each party acknowledges that any and all patents, registered and unregistered designs, copyrights, trademarks, name and all other intellectual property rights whatsoever, which are used in connection with the Service and/or Service equipment, shall remain the sole property of entitled owner of such rights or its subcontractors. Lead shall not use Voxbone’s name, trademark or logo in any sales, marketing, press release, advertisement or other publication, or make any public statement relating to Voxbone. In the event that Lead upgrades its account, Voxbone may authorize Lead in writing to use Voxbone’s logo.
5.2. Voxbone shall not contribute to any and all damages, settlement, costs, or expenses (including legal expenses and the expenses of other professionals, as incurred, arising out of or in connection with any infringement (or claim for infringement) of any third party’s intellectual property rights related to Lead’s use of Voxbone Services and claims of any type brought against Lead for infringement of any intellectual property rights related to any usage of the Services by the Lead.
6. Indemnity and liability
6.1. In no event shall Voxbone be liable to the Lead for any claims or costs sustained by the Lead, its interconnected carriers, peering partners, customers, call participants or end users, for consequential, special, direct or indirect losses or damages sustained by them or any third parties with regard to the Services, irrespective of whether under contract, tort or otherwise (including, without limitation, loss of profits, loss of revenues, loss of customers or damage to reputation or goodwill).
6.2. Lead shall be fully liable to Voxbone, and shall indemnify, defend and hold Voxbone harmless from and against, and assume liability for any and all claims, losses, damages, liabilities, settlements, costs or expenses, arising out of or in connection with (i) any usage of Services, (ii) any infringement (or claim for infringement) of any third party’s intellectual property rights related to any usage of the Services by Lead, and (iii) in respect of Lead’s failure to perform its obligations under the Agreement.
No delay or failure by Voxbone to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right unless expressly agreed by the parties.
8. Applicable law and jurisdiction
This Agreement is governed in accordance with the laws of Belgium. The commercial French speaking courts of Brussels shall have exclusive jurisdiction for any matters arising under this Agreement.