Terms of Service
Welcome to Lugertel. These terms of service constitute your agreement with Lugertel Services (“Lugertel” or “we”).
Acceptance of Terms
If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the Lugertel Services, you may not enter into this Agreement.
Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator (“Provider”), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. As soon as your call is connected to a phone number provided by Lugertel, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).
THE LUGERTEL SERVICES
Usernames and PIN/password
You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Lugertel Services, as well as any additional information provided or any amendments made by you. As part of signing up on the Site you will choose a PIN code or password required for access to and use of the Lugertel Services online. You are responsible for all actions that take place as a result of access to or use of the Lugertel Services via your PIN and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a third party using your PIN and/or Device.
Unauthorized Use/Stolen Device
If your Device is stolen or if you become aware of unauthorized use of the Lugertel Services you must notify us immediately to suspend the Lugertel Services. You are responsible for all charges to your account with Lugertel (“Account”) until the Lugertel Services are suspended. We have the right to change your PIN and account name at any time in our sole discretion and without notice.
Use of the Lugertel Services
We grant you a non-exclusive, non-transferable right to view and use the Lugertel Services and the Content (as defined below) for and subject to your compliance with these Terms of Service.
No Unlawful or Prohibited Use
You expressly acknowledge and agree to use any Lugertel Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use any Lugertel Service in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third party’s intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in Lugertel’s sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use any Lugertel Service in any manner that could damage, disable, overburden, or impair any Lugertel server, or the network(s) connected to any Lugertel server, or interfere with any other party’s use and enjoyment of the Lugertel Services.
Submission of information to Lugertel
Disclosure of information
Lugertel reserves the right at all times to disclose any information as Lugertel deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Lugertel’s sole discretion.
Lugertel does not make any express warranty regarding the Lugertel Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Lugertel shall endeavor to provide the Lugertel Services with minimum disruptions.Lugertel cannot guarantee that the Lugertel Services will always function without disruptions, delay or other imperfections and Lugertel may choose not to provide service to countries or calling areas at its sole discretion. Since the Lugertel Services will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Lugertel Services, e.g. packet loss and delay. Additionally, you also understand that calls, SMS, etc. to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Lugertel will not be liable for any disruption, delays, eavesdropping or other omissions in the Lugertel Services.
Suspension and interruption
Lugertel is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Lugertel Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Lugertel Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time Lugertel may prevent use of the Lugertel Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.
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, harmful, indecent or otherwise objectionable. Lugertel will not be liable for any type of communication spread by means of the Lugertel Services.
No emergency calls
The Lugertel Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Lugertel is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the Lugertel Services.
No SMS, MMS or FAX messages
The phone numbers provided by Lugertel do not and are not intended to support messaging via SMS, MMS nor FAX except as expressly stated on the Site.
Phone numbers provided by Lugertel
You expressly acknowledge and agree that any phone number(s) provided to you by Lugertel are shared by multiple end-users. This means, without limitation, that you may not port-out any such Lugertel phone number to any third party.
Intellectual property rights
All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Lugertel Services (“Content”) is either owned by Lugertel or has been licensed to Lugertel by the rights owner(s) for use as part of the Lugertel Services. All rights are expressly reserved. Furthermore, Lugertel has the right to remove any materials posted to the Site in its sole discretion.
PAYMENT, RATES AND ACCOUNTS
In order to purchase credits for the Lugertel Services and to charge your Account you shall pay Lugertel the rates as stated on the Site. Payments are either made manually by you or through the phone or by automatic recharge function activated by you. The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged with a certain pre-selected amount.
Unless stated otherwise, all rates and charges shall be stated in US dollars and shall be exclusive of a sales tax as per the IRS or any other applicable taxes or fees.
The rates for the Lugertel Services are published on the Site. Lugertel reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Lugertel Services, following the adjustments of the rates, you accept such adjustments.
You will also pay any additional charges you incur if you connect to the Lugertel Services through a phone number provided by Lugertel while you are in a country that is not the country associated with your fixed, net or mobile phone Provider (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the Lugertel Services from another country.
You may request for a refund by submitting a written request in English to Lugertel’s customer services at firstname.lastname@example.org. Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. Lugertel reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement. All payments older than 90 days are non-refundable.
Account and receipt
Lugertel may provide an account history on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Lugertel Services. The Account History is the only statement of your Account that Lugertel will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS.Lugertel will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Lugertel.
If you believe that Lugertel has charged your Account in error, you must submit a written request in English for refund by contacting Lugertel’s customer services via email@example.com within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.
Expiration of credits
A credit balance for the Lugertel Services on the Account expires 12 months after the last activity of the Lugertel Services. Credit balances that are not used within the said 12 months day period will be lost.
TERMINATION AND CANCELLATION
Lugertel Service termination/default
If you breach any representations to us or fail to perform any of the undertakings you made in the Terms of Service, or if you are subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws, you will be in default and we may, without notice to you, suspend the Lugertel Services and/or terminate the Terms of Service.
Cancellation of your Lugertel Services
You may cancel the Lugertel Services at any time. Unless otherwise stated herein, all Lugertel Services will be cancelled from the Site or within 5 days of receipt of written notice from you to firstname.lastname@example.org.
Limitation of Liability
Lugertel is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of the Lugertel Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Lugertel Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Lugertel Services. This paragraph shall survive termination of the Terms of Service.
We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.
You agree to indemnify and hold Lugertel and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys’ fees, made by any third party due to or arising out of your (a) use of the Site or the Lugertel Services including without limitation posting and submitting of any material, (b) connection to the Site or the Lugertel Services, (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity.
Applicable law and competent court
The Terms of Service shall be governed by and construed in accordance with the laws of Texas without giving effect to the conflict of laws or provisions of the state of Texas or your actual state or country of residence. Any legal proceedings arising out of or relating to the Terms of Service or your relationship with Lugertel will be exclusively subject to the jurisdiction of the courts of in Texas.
These Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.