Once you have subscribed for free to, purchased and started to use the V2Chat Service, these Terms and Conditions are applicable to you whether or not you click "I agree", "Submit", "Sign-up to", "Purchase" or express your consent or disagreement otherwise.
If you do not agree with these Terms and Conditions, do not attempt to subscribe for free to, purchase, activate or use the V2Chat Service.
Service - V2Chat, web-based VoIP click-to-call and click-to-chat solution for onsite video and voice calls including all the features and functions ordered by you in accordance with standard pricing plans or separate individual contract and provided Luxms Inc.
Luxms Inc. (also "We", "Us") - developer, vendor and provider of the V2Chat Service.
You - we refer you as "you" in these Service Terms and Conditions.
Account - your account for using the V2Chat Service, whether registered to you personally or made accessible to you by an individual or an entity for authorized use. "Account" may also mean an account created and used by you on behalf of another person and/ or entity.
Payments for the V2Chat Service are made via charging your credit or debit card. In order to use the V2Chat Service, you shall provide us with your credit or debit card details. For V2Chat Enterprise subscribers, wire transfer payments can be arranged.
Once you have subscribed to a defined pricing plan or an individual pricing plan explicitly specified in a separate document (invoice), your credit card will be charged with the price stipulated.
Each pricing plan of the V2Chat Service, either standard one or individually agreed, includes a defined amount of minutes for calls. You will be informed in advance about the approaching minutes cap via e-mail.
Each subsequent charge upon expiration of the V2Chat Service term paid will be made automatically unless you explicitly terminate the Service. Such payments will also be confirmed by e-mail.
If we do not manage to charge your credit or debit card, Luxms Inc. will send you an e-mail containing a request to modify or define more precisely your credit card details.
All the charges and payments shall be calculated and made in the US dollars.
Once you have subscribed to for free or purchased the V2Chat Service, we will send you an email with code for V2Chat buttons and instructions for using it (no later than one business day upon receipt of submission form)
You can contact us via e-mail at firstname.lastname@example.org in order to ask additional questions. We will respond to your e-mails within one business day.
If you do not perform a further payment in time, i.e. prior to approaching your forwarding minutes cap or prior to expiration of the V2Chat service term paid, we reserve the right to suspend the call forwarding function, and/or entire V2Chat Service.
Your call forwarding function or your account and the V2Chat Service will be reactivated upon further payment. We do not charge you for the suspension period.
In case of the V2Chat Service temporary unavailability, you will be informed via e-mail about the expected time of availability.
We do our best in order to ensure that the V2Chat Service functions properly and uninterruptedly. At the same time you need to accept that Luxms Inc. does not guarantee that the V2Chat Service will always operate with no errors, delays or any other technical problems. It includes, but not limited to, the Internet accessibility problems, power supply intermissions, and PSTN and mobile networks disruptions.
Correspondingly we do not assure that the Service will be available in all the locations and compatible with all the communication equipment used in these locations. We also do not recommend you to use the V2Chat Service in critical or dangerous situations, including, but not limited to, emergency calls. Pay attention that there is no such special feature as emergency call in the V2Chat Service.
We also assume absolutely no responsibility for any telephone or Internet access taxes, fees, charges, sub-charges, and any other payments needed to ensure your access to the Internet, PSTN or mobile networks, that you perform on your own behalf and assume full responsibility for.
By accepting this agreement you acknowledge that Luxms Inc., its partners and employees will not be responsible for any loss or damage suffered as a result or during using the V2Chat Service.
Luxms Inc. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material received, stored, delivered by and within the Service and its results.
Luxms Inc. disclaims any responsibility for the deletion, failure to store, misdelivery, misinterpretation, or delays in delivery of any information or material.
Luxms Inc. disclaims any responsibility for any harm resulting from information or material received, stored, and delivered by and within the Service and its results.
THE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS, FEATURES AND FUNCTIONS INCLUDED IN THE SERVICE ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER.
LUXMS INC. EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
LUXMS INC. DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. LUXMS INC. DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. LUXMS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED BY, ON, AND WITHIN THE SERVICE OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE V2CHAT SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY INFORMATION PROVIDED BY THE V2CHAT SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU RECEIVE, DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR WIRELESS HANDSET OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR RECEIPT OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL LUXMS INC. BE LIABLE TO ANY CUSTOMER ON ACCOUNT OF THAT CUSTOMER'S USE OR MISUSE OF OR RELIANCE ON THE V2CHAT SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LUXMS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE V2CHAT SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LUXMS SERVICE OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Luxms Inc. be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control.
By accepting these terms and conditions you agree that by using the V2Chat Service as well as by creating, using, and maintaining your Service account you will:
a) comply with all applicable laws, rules, and regulations in relation to usage, distribution, transmission, posting dissemination, capture, download, and/or recording of voice, text, content, software or other matter;
b) comply with applicable laws, rules, and regulations relating to or regulating the use of telephone networks, telemarketing, do-not-call requests or lists, pre-recorded messages and other automated voice broadcasts, automated dialers, call or voice recording or surveillance, text, SMS, and other messages, and e-mail (including antispamming laws) (for each of which you assume full responsibility for abiding);
c) provide us with current, exact, and legally compliant user telephone numbers and contact information required
a) You also shall not (nor you allow other persons or entities authorized to) use your V2Chat Service, in any manner that is illegal, intimidating, threatening, fraudulent, deceptive (including without limitation any spoofing of caller ID information or similar practices likely to deceive any other party contacted through the Service), harassing, indecent, harmful, libelous, defamatory, abusive, slanderous, hateful, sexually, racially or ethnically objectionable, vulgar, pornographic, obscene, invasive of privacy, or otherwise unlawful and objectionable;
b) You shall not attempt to gain unauthorized access to any V2Chat account, V2Chat network itself, or any related components; or interfere with another's use and enjoyment of any V2Chat.
You also affirm that you are 18 years old or older, or that you have obtained official permission from your parent or guardian for using this Service.
All the charges in relation to purchasing and using the V2Chat Service, both initial and recurring ones, are not refundable. If you don't want your card to be charged with Service payments, you need to terminate the Service in your V2Chat account before it is charged with the payment.
This agreement enters into force once you have subscribed for free to or purchased the Service. It's your responsibility to install the call button upon receiving the e-mail from Luxms Inc. that contains V2Chat button code and instructions.
The moment of expiration is defined by the term of subscription you chose prior to purchasing the Service - either in accordance with a standard pricing plan, or in accordance with a separate pricing plan stipulated by you and Luxms Inc.
Luxms Inc. can at any time terminate the Service, suspend your account, or disable its certain features if we find out that you violate these Terms and Conditions.
We can also modify the Service itself - adding, enabling or disabling certain functions any time and at our own discretion, without notice and liability.
Luxms Inc. reserves the right to modify, amend, change or alter these terms and conditions any time without notification, at its own discretion. Please check this page from time to time for amendments and modifications. If you disagree with modifications, changes, and amendments, terminate your Service account.
These Service Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Service Terms to be unenforceable, the remainder of the Service Terms will continue in full force and effect. These Service Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Service Terms will be effective only if in writing and signed by Luxms Inc.