"VOXAPP" shall mean the company whose address and other details are as follow: VOXAPP SARL 11 rue Klengliller, L-8239 MAMER, Luxembourg, Grand Duchy of Luxembourg, Tel: +352 278 602 93, Fax: +352 278 603 52, email: accounting@voxapp.lu,

"The Customer" or "You" shall mean any natural or moral person who sets up an Account and registers on the VOXAPP website; or any person who places an order for a VOXAPP service by any means, including but not limited to an online order form; and more generally, anyone who uses VOXAPP services in any form whatsoever. The Customer shall be the sole holder of the account he sets up (the "Account"). If the Customer acts on behalf of a limited partner that does not have a direct relationship with VOXAPP, the Customer shall assume sole responsibility for any action realized through the Account in regard to VOXAPP. Any order placed by the representative of a physical or legal person shall be deemed to have been placed by such physical or legal person, who shall assume sole responsibility for such order.

The "Terms and Conditions" shall mean (a) the terms and conditions set forth hereunder; and/or (b) the terms and conditions of any document equivalent in scope to the Terms and Conditions and bearing a different title there from such as Charter or Regulation.

"Working day" shall mean a normal workday within the meaning of Luxembourg civil law, exclusive of weekends and legal holidays.

The "Limited Partner" shall mean a physical or legal person that uses or profit from VOXAPP’s services that have been ordered by a client of this latter.

The "VOXAPP website" or "the Site" shall mean the VOXAPP website accessible at the following address www.VOXAPP.lu or any other address defined by VOXAPP from time to time.

The "Softphone" shall mean a software, made available by VOXAPP under a specific license ("the EULA") under a variety of platforms that can be used to perform VOIP operations.

"VOIP" or Voice over Internet Protocol shall mean a standard for voice transmissions traveling over ADSL or Broadband connections.

The "Prepayment" shall mean a payment made in anticipation of the use of the Service and allowing Customer to profit from the said Service.

"Number Portability" shall mean a telecommunications network feature that enables end users to retain their telephone numbers when changing service providers, service types, and/or locations.

"DID" shall mean Direct Inward Dialing as defined in Annex 2 of these Terms

2.1. The main objective of these Terms and Conditions is to set forth the conditions under which VOXAPP offers VoIP communications services and any related product or services as specified in Article 3 thereof ("The Service") to the Customer.

2.2. The Customer expressly acknowledges having read and understood the Terms and Conditions. The same shall apply to any beneficiary of any service provided by VOXAPP. By using the Site and placing an order, the Customer accepts the Terms and Conditions in their entirety and without reservation. The terms and conditions hereof, including its annexes, shall remain in effect for the entire term of the contractual relationship and any events or circumstances arising there from (e.g. term of the registration and any renewal thereof

In its capacity as a VOIP provider. VOXAPP provides the Customer with the following services

3.1 Voip – In

Voip-in service designates the ability given to the Customer to receive Calls either from another VOXAPP Customer or from a user of the regular phone system, using DIDs.

3.2 Voip – Out

Voip-out service designates the ability given to the Customer to make Calls either to another VOXAPP Customer or to a user of the regular phone system in selected Countries.

3.3 Specific Services

3.3.1 VOICEMAIL
Under specific conditions, the Customer may be granted access to a specific service where messages can be stored as part of the voip-in service. The Customer understands that the number of messages is limited to the storage space available for each Customer of the service. More particularly, the Customer understand that the voice messages are not backed-up in any way and that they will be periodically deleted from the server, from last to first. It is the Customer’s responsibility to log on to the service periodically to check whether it has voice mails waiting for it and retrieve them by any means available through the Service.
3.3.2 IP PBX
The IP PBX service is meant to allow Voip-In service users to forward or divert received calls to another regular number. The User understands it is its responsibility to ensure that the number to which its calls are forwarded or diverted to, will accept such calls, as well as maintaining an applicable credit level to cover the costs of the forwarding. Each minutes on a forwarded call is equivalent to the cost of a minute to the same number, international fee rates may apply.
3.3.3 TOOLBAR AND SOFTPHONE
VOXAPP may provide to the Customer selected software that will facilitate its use of the Service. Such software may be used as a Device to perform Calls or other options that are part of the Service. Use of such software is subject to the respect by the Customer of both those terms and the applicable End-User License Agreement (EULA) attached as Annex 3 of these Terms.
3.3.4 FAX2EMAIL
The Fax2eMail service gives the Customer an opportunity to use purchase a VOXAPP DID number and to use it as a facsimile number. Faxes sent to that number will be automatically digitalized and sent as a PDF file to an email address specified by the Customer on the Site. The Customer understands VOXAPP shall not be responsible for any matter pursuant to the confidentiality of the fax, nor will VOXAPP provide any form of transmission receipt. Use of the Fax2eMail service may be limited to DIDs in limited countries or regions, as specified on the Site. The Customer understands that all DIDs cannot necessarily be used as part of the Fax2eMail service and that a DID used as part of the Fax2eMail service cannot be used simultaneously to perform or receive voice Calls.
3.3.5 CALLBACK / CLICK2CALL
As part of the Service, VOXAPP may provide the Customer with a way to be called at a specific number from a dedicated button to be featured on the page of any website ("the C2C Button") or to connect two regular phone numbers with a voice-over-ip bridge in order to save costs ("a Callback"). In both instances, the Customer understands and agrees that for the duration of each calls, the cost of the communication will be charged at the relevant VOXAPP rate based on the country of destination of the VOXAPP number to be used either with the C2C Button or the Callback. Additionally, the Customer understands that the sound quality of these calls may vary depending on the other party’s line.
3.3.6 SMS
As part of the Service the Customer may, either from the Site or using the Softphone, send text messages based on the Short Message Services protocol. The Customer agrees that such facility is subject to specific fees as published on the Site from time to time. The Customer understands that the SMS will not appear as being sent by the Customer and that recipients of such SMS may not be able to reply directly to the Customer, which the Customer acknowledges.
3.3.7 CALLER ID
As part of the Service, Calls originating using the Service will show "Caller ID" information to the recipient of the Calls (the "Caller ID"). However, the Customer understands that the Caller ID may vary from time to time and not necessarily reflect the Customer’s DID. VOXAPP shall not be liable for any consequences that may arise due to a different Caller ID being displayed as a result of a Call.

Although the Site allows the Customer to specify a specific Caller ID, the Customer agrees expressly not to use the Caller ID of a phone number it does not hold or control and, in any event, not to use the Caller ID as part of wrongdoing, prank or for misleading purposes.

3.5 International DIDs or phone numbers

International Direct Inward Dial phone numbers are provided based on current Luxembourg and foreign regulations as well as in accordance with specific Terms detailed in this Annex 2. The Customer understands these regulations are subject to change without notice and VOXAPP may be required by an authority, from the relevant government or otherwise, to discontinue this Service without notice.

VOXAPP reserves the right to discontinue International DID services for any reason at any time. Such discontinuation will lead to a refund of the pro-rated monthly fee.

3.5.1 LOCAL NUMBER PORTABILITY
If the Customer transfers an existing phone number which is currently subscribed to another provider other than VOXAPP, the Customers agrees to the following:

(a) The Customer shall create an Account on the Site.

(b) The Customer shall agree to fill out any required forms to authorize VOXAPP to initiate the porting process.

(c) The Customer will also authorize VOXAPP to notify its local telephone company of its decision to switch its local services to VOXAPP’s and to transfer its telephone number, and represent that the Customer is dully authorized to take this action;

(d) The Customer is advised not to cancel its current service as this may cause its phone number not to be ported.

(e) VOXAPP will send confirmation to the Customer that the number has been successfully transfered.

(f) VOXAPP reserves the right to refuse to port a number, in its sole discretion, if it does not have the infrastructure to support the number. The Customer remains solely responsible for any charges incurred from the telephone company from which the number is being transferred during the period of the transfer, regardless of delays in completing the transfer caused by any reason by any party.

3.6 International Services

3.6.1 FOREIGN CARRIER RESTRICTIONS.
The Customer understands that foreign carriers or regulatory agencies may from time to time impose, upon the portion of the end-to-end international service or facilities they provide, certain limitations or restrictions that may limit the Customer’s ability use the VOXAPP Services in full, as described where applicable on the Site. The Customer agrees to conform to any limitations or restrictions imposed by the foreign carriers or agencies.
3.6.2 CARRIER ACTS OR OMISSIONS.
a. When carriers and foreign telecommunications administrations use facilities to establish connections to points not reached by VOXAPP's network, the Customer agrees that VOXAPP cannot be liable for acts or omissions of other carriers or foreign telecommunications administrations.

b. International calls are determined based on the country and city codes dialed by the Customer. When the facilities of other Luxembourgish or foreign carriers are used in establishing connections to points that at this time cannot be reached by VOXAPP's own network, VOXAPP cannot be liable for refunds or damages if those calls do not terminate in the country, city or area codes associated with the called number.

3.7 Timing of Calls

Generally, timing of Calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom VOXAPP must interconnect in order to terminate calls to foreign countries) designate a call as "answered" when the called party's line rings or after a certain number of rings, and will charge VOXAPP for a completed call. In such situation VOXAPP’s invoicing will use the relevant party’s definition. Whatever the case, the Customer understands and agrees that each Call will be metered by the minute, each started minute being invoiced.

3.8 Incompatibility with other services

3.8.1 HOME SECURITY SYSTEMS
The Customer understands that the Service may not be compatible with home security systems and such behavior is not meant to be included as part of the Service. As such, it is not guaranteed. The Customer may be required to maintain a telephone connection through his local exchange carrier in order to use any alarm monitoring functions for any security system installed in his home or business. The Customer is responsible for contacting the alarm monitoring company to test the compatibility of any security system with the Service.
3.8.2 Certain Broadband, Cable Modem, and Other Services
The Customer acknowledges that the Service may not be compatible, fully functional or authorized with certain cable or other broadband service. The Customer further acknowledges that some providers of broadband service may provide modems that block the transmission of communications using the Service. VOXAPP expressly disclaims any express or implied warranties regarding the compatibility of the Service with any particular broadband service.

When placing his first order, the Customer shall register using a login name and a password of his choosing that shall enable the Customer to identify himself to the VOXAPP servers and to carry out various operations such as crediting the Customer’s account, modifying his address book.

Any modification in the Customer’s account shall be subject to entry of the Customer’s login name and password.

The Customer shall bear sole responsibility for the management and preservation of the login name and password that have been attributed to him.

Any instructions received by VOXAPP that include the Customer’s login name and/or password shall be presumed to have been submitted by the Customer. Hence, VOXAPP cannot be held responsible for any fraudulent use of such login name and/or password, which are personal and confidential elements that the Customer shall not disclose to any third party under any circumstances.

In the event of loss or theft of the Customer’s login name and/or password, or if the Customer has reason to believe that his login name and/or password have been disclosed to any third party, the Customer shall contact VOXAPP using its own resources and the means of communication described on the Site, most notably the email address support@voxapp.lu to modify its login name and/or password without delay.

Additionally, the Customer shall notify VOXAPP in writing of any change in the Customer’s legal or business status (particularly any change of address) pursuant to Article 7 hereof. Any failure on the Customer’s part to fulfill this reporting obligation could prevent VOXAPP from providing its services in a proper and professional manner, inasmuch as VOXAPP needs to know the exact identity of its the Customers in order to send the Customers information for operations such as described in article 3 hereof.

5.1. The order form
Each online request for service from the Customer to VOXAPP shall constitute an order form, subject to the terms and conditions described hereby.

The Customer’s request for services is embodied by completion of an order form on the VOXAPP website. Pursuant to Article 2 hereof, submission of an order form to VOXAPP constitutes acceptance of these Terms and Conditions by the Customer in their entirety without any possibility of withdrawing such acceptance in whole or in part.
5.2. Conclusion of the contract
The Customer warrants he/she has full legal competence to enter into a contract. Conclusion of the Contract shall happen immediately once a request for service has been entered by the Customer on the Site.

The Customer shall receive a confirmation of receipt of his order within 24 hours of submission, unless VOXAPP declines the order for reasons specified herein or for any other cause deemed reasonable by VOXAPP. Such acceptance may be deemed to have been implicitly received pursuant to the provisions of Article 7 hereof.

The Customer agrees that performance of the Service (which shall be partially realized via an automated process) shall begin prior to the conclusion of the legally allowable cancellation period. Additionally, and in accordance with the 3rd paragraph of the article 6 of Directive 97/7/EC, the Customer shall not be able to cancel the order after having submitted it. (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31997L0007:EN:HTML)

VOXAPP hereby expressly stipulates that for the purposes hereunder, the Customer is the physical and/or legal person that establishes an account on the VOXAPP website. Any order submitted via such account shall be billed solely to the Customer that is the account holder. If the Customer acts on behalf of a Limited Partner, the Customer shall nonetheless be responsible for such Partner’s compliance with and fulfillment of the Terms and Conditions, as well as for the payment of any invoice arising from any order that the Customer may have placed.

6.1 The Customer shall be in possession of the following technical facilities to benefit of the Service: (a) A suitable 2-way high-speed connection to the Internet. (b) A suitable voice over IP-capable device such as the ones that may be included from time to time in a list provided on the Site and which is able to work under the SIP and IAX protocols, (c) a credit card. The Customer understands that given the number of parameters involved in an Internet connection and the number of different implementations of the SIP and IAX protocols, the requirements below are a prerequisite but may not be enough to use the Service. The Customer agrees to expressly follow the applicable guidelines provided by VOXAPP on the Site or by its customer care team including but not limited to trying to change its Internet connection method and/or voice over IP device.

6.2 The Customer shall supply VOXAPP with any information necessary to operate the Service and shall be solely responsible for the accuracy of such information. Under no circumstances will VOXAPP be responsible or liable for information submitted by the Customer and any loss or damage that may arise from such information. The Customer shall indemnify VOXAPP for any costs or expenses arising from any damage or loss that is directly or indirectly attributable to erroneous information supplied either by the Customer or by a third party who has access to the Customer’s VOXAPP account.

6.3. The Customer shall fulfill the obligations specified in Article 7 hereof and shall recognize the consequences arising thereto. The Customer shall also notify VOXAPP of any change in its legal status. Any failure on the Customer’s part to fulfill these obligations could prevent VOXAPP from providing the contractual services hereof in a proper and professional manner (particularly providing communication service including making or receiving phone calls). Under no circumstances shall VOXAPP be responsible or liable for any default arising from such failure on the Customer’s part.

6.4. The Customer hereby declares that it has read, understood and accepted those terms including the relevant appendices and attached sub agreement, including applicable policies provided by relevant third-parties.

6.5. The Customer’s obligations shall exceed those of Article 7 and shall encompass the entirety of the Terms and Conditions, and specifically the provisions of Article 8 and subsequent thereof.

7.1 The Customer agrees that proper communication between him and VOXAPP on a regular basis is essential to its proper use (including passive use) of the Service. Accordingly, the Customer must properly consult and acknowledge any relevant information transmitted to it by VOXAPP.

7.2 To this end, and in order to allow VOXAPP to reach the Customer, the Customer agrees to provide VOXAPP with its current and updated address information. Such information shall consist of the Customer’s email address, postal address, valid phone number at which the Customer can be reached from 9 a.m. to 9 p.m. GMT/UT,

7.3 The Customer agrees that all email sent to the Customer by VOXAPP shall be deemed to have been received and read, immediately upon error-free transmission of such email to the email address provided by the Customer in his Contact Information by VOXAPP’ SMTP server.

7.4 The Customer agrees to consult the Site, and specifically the dedicated Customer Area, on a regular basis and no less than once every four weeks, so as to check the status of its Account and read any messages that the VOXAPP customer service department may have transmitted to the Customer. Any message or notification posted in the Customer Area to which the Customer fails to respond within one month following posting of such message shall be deemed to have been read and accepted by the Customer in regard to any possible subsequent effect.

7.5 The Customer understands and agrees that all logins and DID Phone Numbers registered or used by the customer as part of the Service do remain under VOXAPP’s control, and will be reassigned at the termination or the suspension of the contract. Therefore the Customer may not, at any time, offer, transfer or sold them to third parties.

8.1 VOXAPP reserves the right to either expand or reduce the scope of its services. If any such service expansion or reduction is realized, VOXAPP shall notify the Customer of such expansion or reduction on the Site by posting a notification in the Customer Area and/or by sending an email to the address provided by the Customer in his Contact Information.

Thus, VOXAPP reserves the right to suspend temporarily or permanently the Service.

8.2 VOXAPP reserves the right to raise rates and/or charges as shown on the Site to take into account any factor such as but not limited to any new or modified requirement imposed by Providers; any change in applicable exchange rates that may take effect; or any supplementary taxes that may be levied. VOXAPP shall notify the Customer accordingly via the Site and/or by sending an email to the address provided by the Customer.

8.3 VOXAPP reserves the right to amend its Terms and Conditions from time to time. In such a case, VOXAPP shall notify the Customer accordingly via the Site, by posting a notification in the Customer Area and/or by sending an email to the address provided by the Customer in his Contact Information.

If the Customer objects to any critical modification of the Terms and Conditions, the Customer shall be entitled to terminate this Agreement within eight (8) days of receipt of notification of the relevant modification from VOXAPP, in accordance with the provisions of Article 15 hereof. The Customer agrees that any continued use by the Customer of VOXAPP services after the Customer has received notification that the Terms and Conditions have been modified shall constitute a statement from the Customer that he acknowledges such modification and whole fully abide by them.

8.4 VOXAPP reserves the right to refuse to any the Customer request if there is reasonable doubt that this request is fraudulent.

8.5 Technical support is available on request at the number provided on VOXAPP website, during the Working Day from 9 a.m. to 17p.m GMT/UT. Response times will depend on staff availability, and the object of the request.

9.1 Unless otherwise stipulated or determined by VOXAPP, orders shall be payable immediately and shall be realized online via the VOXAPP website, using a payment method accepted by VOXAPP and displayed as such on the Site. VOXAPP’s activation of the products and/or services accruing to the Customer’s account shall be contingent upon VOXAPP receiving full payment for the Customer’s order.

9.2 The currently valid rates and charges shall be those indicated on the Site website and shall be subject to change pursuant to Article 9.2 hereof. All rates and charges are in euros unless otherwise specified and are exclusive of VAT, which shall be paid by the Customer. Any additional fee attached to the payment shall be at Customer’s expense. Foreign payments shall be carried out at the transferor’s expense (for example, foreign bank transfers shall bear the indication "our cost" or "OUR"). The net amount received by VOXAPP shall be strictly equal to the price due by the Customer.

9.3 The Customer agrees that any invoice for services provided by VOXAPP shall be transmitted to the Customer electronically to the email address provided by the Customer in his Contact Information. The Customer shall be entitled to ask the VOXAPP customer care department to send the Customer a printed invoice, if the Customer so wishes. In view of the fact that the email address provided by the Customer in his Contact Information must be valid, active and available seven (7) days a week, the Customer shall not be entitled to lodge any claim with VOXAPP in the event an emailed invoice is not received. In addition, VOXAPP shall indicate in the Customer’s account, for the Customer’s information, all invoices that have been issued to the Customer’s account, as well as the payment statuses of such invoices.

9.4 If billing systems or other support is not available for a Service, feature, surcharge, tax or other charge element at the time of Service provision, VOXAPP will bill for that Service, feature, surcharge, or other charge element as soon as it is capable of doing so and The Customer agree to pay for such items.

9.5 Any invoice or amount that is not paid upon falling due shall be subject, without formal notice, to interest charges amounting to 20 percent of the outstanding amount, until such time as the outstanding balance is paid in full.

In addition, VOXAPP shall be entitled to reimbursement of €75 for each formal notice (as extra-judicial costs). The Customer expressly agrees that he shall pay VOXAPP an indemnity for any unpaid balance, pursuant to Article 8 of La loi du 18 avril 2004 relative aux délais de paiement et aux intérêts de retard (Luxembourg law pertaining to penalty for late payment with interest), as compensation for court costs incurred by VOXAPP in collecting the unpaid funds including bailiff’s fees, legal fees, collection agency fees, experts’ fees and so on.

If a VOXAPP invoice remains unpaid, and after the Customer has received a Final Reminder email indicating that the unpaid amount is to be paid by a specific date, VOXAPP shall be entitled to deny Service to the Customer and thus make the DID unavailable to the Customer. The Customer shall assume all administrative, technical and other costs arising from deactivation and/or reactivation of his VOXAPP account
9.6 Reimbursement
The Customer acknowledges that no Credit will be allowed for Interruption of Service and agree that the Service is provided "as is." Credit allowances for interruption of Service, including international calling services, will not be provided.

The Customer acknowledges that Prepayment shall not be reimbursed whatever the circumstances.

10.1 Prohibited Uses; Unlawful Uses and Inappropriate Conduct
The Customer shall use the Service only for lawful purposes. The Customer shall not use the Service in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior.

The Customer shall not use the Service: (a) for any unlawful purpose; (b) for making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audio text services; (c) for international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision; (d) call forwarding to international destinations.

In addition, the Customer shall not use the Service to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party's intellectual property or personal rights; or exceed the Customer’s permitted access to the Service.

VOXAPP may, but is under no obligation to, monitor usage of the Service for violations of this Terms and Conditions. VOXAPP may remove or block any or all communications if there is any suspicion of violation of this Agreement or if VOXAPP deem it necessary in order to protect the Service, or VOXAPP, its parent, affiliates, directors, officers, agents and employees from harm.

VOXAPP reserve the right to immediately disconnect the Service without notice, if, in his sole and absolute discretion, VOXAPP determine that the Customer have used the Service for an unlawful purpose. In the event of such disconnection, the Customer will be responsible for all fees and charges due under this Agreement, plus a disconnection fee, if applicable, all of which will be immediately due and payable.

If VOXAPP believe that the Customer has used the Service for an unlawful purpose, VOXAPP may forward the relevant communication and other information, including the Customer’s identity, to the appropriate authorities for investigation and prosecution. The Customer hereby consents to the forwarding of any such communications and information to these authorities.

In addition, VOXAPP will provide customer and call detail information in response to lawful government requests, subpoenas and court orders, or law enforcement requests where the failure to disclose the information may lead to imminent harm to the Customer or others. Furthermore, VOXAPP reserves all of its rights at law to proceed against anyone who uses the Services illegally or improperly.
10.2 Copyright / Trademark / Unauthorized of Software
The Service or software used to provide the Service or provided to the Customer in conjunction with providing the Service, information, documents and materials on VOXAPP Website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of VOXAPP are and shall remain the exclusive property of VOXAPP and nothing in this Agreement shall grant the Customer or any other third party the right to license or to use such marks.

The Customer acknowledge that he is not given any license to use the software used to provide the Service. If the Customer decides to use the Service through an interface device not provided by VOXAPP, which VOXAPP reserves the right to prohibit in particular cases or generally, the Customer promise that he possess all required rights, including software a, to use that interface with the Service and he will indemnify and hold harmless VOXAPP against any and all liability arising out of his use of such interface with the Service.
10.3 Linking
The Customer may provide links only to the home page of VOXAPP Website (a) The Customer do not remove or obscure, by framing or otherwise, the copyright notice, content or other notices on the Website, (b) The Customer shall give VOXAPP a prior written notice of such link via email, and (c) The Customer shall discontinue providing links to the Website if notified by VOXAPP.

11.1 To the full extent permissible by applicable law, VOXAPP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. VOXAPP does not warrant that this site, its servers, the Service or e-mail sent from us are free of viruses or other harmful components. VOXAPP will not be liable for any damages of any kind arising from the use of or inability to use this site, including, but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages.

This limitation applies whether the alleged liability is based on contract or any other basis, even if VOXAPP have been advised of the possibility of such damage. VOXAPP make no representations or warranties of any kind express or implied, as to the operation of this site and/or the Service or the information, content, materials, or products included on this site.

11.2 VOXAPP shall not be responsible for any technical inaccuracy or typing errors pertaining to the information on VOXAPP website, which shall be subject to periodic modification. Hence, VOXAPP reserves the right to optimize and/or modify its website at any time. VOXAPP shall not be responsible for any malfunction, service interruption or error that occurs in any electronically published element during a modification period

VOXAPP does not authorize anyone to make a warranty on VOXAPP's behalf and customer may not rely on any statement of warranty as a warranty by VOXAPP.

11.3 The Customer is solely responsible for actions and the content of his transmissions through or in connection with the Service.

11.4 VOXAPP shall not be responsible for the inadequacy of any service provided by VOXAPP that the Customer uses to achieve specific aims.

Prior to placing an order for VOXAPP services, it shall be the Customer’s personal responsibility to ensure that such services are adequate for the Customer’s purposes by reading the description of VOXAPP’s commercial offer, which is available from the VOXAPP website and/or from the VOXAPP technical service department. By accepting the Terms and Conditions, the Customer acknowledges that he is sufficiently familiar with the content, context and scope of VOXAPP services.

11.5 The Customer shall abide by the rules and regulations pertaining to the Voip or more generally to the telecommunication and acknowledges of the fact that said rules and regulations are subject to change. The Customer acknowledges and accepts that VOXAPP has no control over such rules and regulations. Hence, VOXAPP shall not be responsible for the consequences of any modification in these rules and regulations.

11.6 Under no circumstances shall VOXAPP be held responsible or liable for any loss or damage caused in connection with the use of VOXAPP services that are provided free of charge. The Customer shall not be entitled to assert any claim for loss or damage in connection with any malfunction in VOXAPP services, irrespective of the nature of such malfunction or the consequences thereof.

11.7 VOXAPP shall take all steps necessary to ensure that the quality of the services provided by VOXAPP subcontractors and co-contractors, as well as by Providers, meets acceptable standards. However, VOXAPP shall not be responsible for any loss or damage incurred by the Customer as the result of any interruption of service that is beyond VOXAPP’s control. VOXAPP shall not be responsible for any malfunction that affects the internet or for any loss or impairment of access to servers resulting from internet maintenance operations.

11.8 VOXAPP will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in VOXAPP offerings made to the Customer, or for damages associated with the Service, or Equipment that it does not furnish, or for damages that result from the operation of customer provided systems, Equipment, facilities or services that are interconnected with VOXAPP Services.

12.1 The Customer shall hold VOXAPP harmless against any third party action resulting from or related to the use of VOXAPP services by the Customer. This guarantee shall mean in particular that the Customer shall provide VOXAPP with any assistance required by VOXAPP in mounting a legal defense and shall indemnify VOXAPP for any loss or damage incurred by VOXAPP as the result of any such claim.

12.2 The Customer acknowledges that its use of the services that VOXAPP provided is his sole responsibility and that VOXAPP and/or its employees shall not be held liable or responsible for such use in any manner whatsoever.

In particular, the Customer shall hold VOXAPP harmless against any third party action or compensation or indemnification claim asserted for any reason whatsoever arising from the content of the Customer’s website. Toward this end, the Customer shall assume the cost and expense of any damage or loss incurred by VOXAPP as the result of any court ruling.

12.3 Additionally, the Customer shall assume all legal fees and court costs incurred by VOXAPP in defending its interest, including instances in which an amicable settlement is reached between an injured third party and the Customer or VOXAPP.

13.1 Personal data pertaining to the Customer will be stored in VOXAPP files in Luxembourg. The Customer can exercise its right to access and correct such data by contacting VOXAPP at the address indicated in Article 1 hereof. VOXAPP shall not store such data any longer than is necessary for the efficient operation of VOXAPP services.

13.2 The Customer expressly authorizes VOXAPP to process such data for purposes of running its customers database and so as to ensure the full disclosure of the users of the services in accordance with the applicable legal regulations. Hence, the Customer expressly authorizes VOXAPP to disclose the following information to Providers and the general public: the Customer’s name, the Customer’s address, the Customer’s phone number, the Customer’s email address, and the Customer’s native language to be used in the event of any litigation. Should the Customer fail to authorize disclosure of the aforementioned information, VOXAPP will not be in a position to provide the Customer with the Services.

13.3 The Customer expressly authorizes VOXAPP to process the Customer’s personal data in order to conduct market research and promotional campaigns in connection with VOXAPP products and services. Any the Customer that does not wish to receive promotional material from VOXAPP can stipulate as such by sending an email to support@voxapp.lu or by sending a postal letter to the address indicated on VOXAPP website

13.4 Without prejudice to the foregoing provision, VOXAPP shall process the Customer data confidentially.

Hence, VOXAPP shall refrain from disclosing to, selling, or sharing with any third party the Customer’s data (name, email address, phone number, fax number, GSM number, demographic data and identification data), except insofar as is necessary for the performance of the contract between the Customer and VOXAPP and for the specific purposes described hereunder (hereinafter referred to as "Legitimate Purpose"), without the Customer’s prior and informed written consent (knowledge of the reason for processing the data). In disclosing the Customer’s data to a third party for a Legitimate Purpose, VOXAPP shall verify and confirm that said third party has agreed to use the Customer’s data for a Legitimate Purpose and that such third party has warranted that he will abide by the applicable statutory rules and obligations pertaining to the use of personal data.

13.5 VOXAPP shall take all steps necessary to ensure that all bank information that is submitted to VOXAPP is kept secret. However, VOXAPP shall not be held responsible or liable for any embezzlement committed on the internet or by any third party.

In this regard, the Customer acknowledges and accepts all risk resulting from use of public networks such as the internet and assumes all consequences arising from such use. VOXAPP shall not be held responsible or liable in the event the lack of adequate protection results in other users viewing information that has been communicated to VOXAPP during or after the data capture process.

14.1 The Customer shall be entitled to terminate the Customer’s agreement with VOXAPP at any time whatsoever. Such termination shall be realized by sending written notification of intent to terminate the contract, two months in advance of the intended termination date, by registered letter (hereinafter referred to as the "Registered Letter") to VOXAPP at the address indicated on VOXAPP website. The two months period of notice shall begin only upon payment of all amounts due to VOXAPP. In such a case, any reimbursement of monies paid by the Customer shall be excluded.

Upon receipt by VOXAPP of the Registered Letter, the Customer shall hold VOXAPP harmless from any responsibility arising from any request in connection with the Service. VOXAPP shall take all possible steps to fulfill the Customer requests. VOXAPP shall not be held responsible or liable for any failure to execute, or execute in a timely manner, a request for services in connection with the Service.

14.2 VOXAPP shall be entitled to terminate any currently enforceable contract for services by sending written notification of intent to terminate such contract two months in advance of the intended termination date, via registered letter to the address provided by the Customer.

If the Customer fails to abide by the provisions of the Terms and Conditions, VOXAPP shall be entitled to terminate the contract prior to the expiration date thereof in accordance with the procedure described in Article 15.1 hereof.

The Customer acknowledges that Prepayment shall not be refund whether this agreement is terminated or not.

Should any individual provision hereof be or become void, illegal or unenforceable, the validity of the remaining provisions hereof shall in no way be affected. In such a case, VOXAPP shall replace any provision hereof that becomes ineffective with a clause whose effectiveness and feasibility are as close as possible to the intentions of the parties hereto.

Neither the Customer nor VOXAPP shall be responsible or liable for any failure to fulfill the obligations arising from the present contract at all or in a timely manner, as the result of any instance of force majeure as commonly defined by custom, law or jurisprudence. Any financial incapacity on the part of the Customer that prevents the Customer from paying all costs and expenses arising from VOXAPP services shall not be deemed an instance of force majeure.

If a third party lodges a claim against VOXAPP relating to a service provided by a VOXAPP customer, VOXAPP shall promptly transmit a notification regarding such claim to the relevant Customer at the address provided by the Customer and shall include with such notification a copy of the third party claim.

In all such instances such third party shall be informed of VOXAPP notification to the Customer, keeping in mind that it does not fall within VOXAPP’s jurisdiction to prejudge the Customer’s or a third party’s rights in regard to the use of the service made by the customer.

VOXAPP shall be entitled to charge the Customer for any action performed on the Customer’s behalf in connection with a third party claim, insofar as the Customer fails to acknowledge receipt of the first VOXAPP notification letter in regard to such claim, or if VOXAPP finds it necessary to take action in regard to such claim (e.g. by sending a registered letter and making phone calls) on behalf of the Customer and the party submitting a request or claim.

Pursuant to the provisions of the Terms and Conditions, if a legal dispute of any kind arises in regard to a service provided by VOXAPP. VOXAPP and the Customer expressly agree that the Customer shall be solely responsible for the consequences of the relevant litigation and that VOXAPP shall not be involved in such litigation in any way whatsoever.

19.1. Any order, acceptance or contract arising there from shall be governed by the laws of Luxembourg.

19.2. Any dispute relating to the Terms and Conditions or the interpretation or performance thereof that cannot be resolved amicably shall be subject to the sole jurisdiction of the courts of the city of Luxembourg.