Terms & Privacy

1. Privacy Policy

Our Privacy Policy is set out in Part 2 of this page. It explains how we process information about you. By using the Site you acknowledge that this processing is undertaken in accordance with that Privacy Policy.

2. Your Account

When using the Site, you are responsible for ensuring the confidentiality of your account, password and other credentials, and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your credentials. The Company may refuse or cancel service, terminate your account, and remove or edit content.

The Company does not knowingly collect personal data from persons under the age of 16. If you are under 16 years old, you may not use the Site and may not enter into these Terms under any circumstances.

3. Services

The Site allows you to use services available on the Site. You shall not use the services for any illegal aims. We may, at our sole discretion, set fees for using the Site. All prices are published on the relevant pages of the Site, and we may change any fees at our sole discretion at any time. We may use certified payment systems which may charge their own commissions; details of such commissions are available on the payment providers' websites.

4. Third Party Services

The Site may include links to other sites, applications, and platforms (the "Linked Sites"). The Company does not control the Linked Sites and is not responsible for their content or materials. We make these links available to provide functionality or services on the Site.

5. Prohibited Uses and Intellectual Property

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with these Terms. You shall not use the Site for any unlawful or prohibited purpose, or in any way that may disable, damage, or interfere with the Site.

All content on the Site, including text, code, graphics, logos, images, compilations, and software (the "Content"), is the property of the Company or its contractors and is protected by intellectual property laws. You agree to keep all copyright and other proprietary notices contained in the Content and are prohibited from changing the Content. You may not publish, transmit, modify, reverse engineer, participate in the transfer of, or create and sell derivative works from any of the Content. You shall use the Content only for your personal, non-commercial use of the website. The Company does not grant you any license to its intellectual property except as expressly stated.

Note on the FusionVoice software: the commercial-use rights for the FusionVoice application itself are governed by your product license as described at the point of purchase, and are separate from the website Content terms in this clause.

6. Your Content

By posting, uploading, inputting, providing or submitting your content, you grant the Company the right to use that content in connection with the operation of its business, including the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate it, and to publish your name in connection with it. No compensation shall be paid for the use of your content. The Company has no obligation to publish your content and may remove it at any time. You warrant that you own all rights to any content you submit.

7. Disclaimer of Certain Liabilities

The information available via the Site may include typographical errors or inaccuracies, and the Company shall not be liable for these. The Company makes no representations about the availability, accuracy, reliability, suitability, or timeliness of the Content or services on the Site. To the maximum extent allowed by applicable law, all Content and services are provided on an "as is" basis, and the Company disclaims all warranties and conditions, including warranties of merchantability and fitness for a particular purpose.

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including damages for loss of enjoyment, data or profits, arising from the use of or inability to use the Site or its services or any Content, whether based on contract, non-contract liability, or any other reason. Where the exclusion or limitation of liability for consequential or incidental damages is prohibited in a particular case, that exclusion or limitation shall not apply to you.

8. Indemnification

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees) and liabilities arising out of your use of or inability to use the Site, its services, or the Company's products, your violation of these Terms, your violation of any rights of third parties, or your violation of applicable law. The Company may assume the exclusive defense, and you shall cooperate in asserting any available defenses.

9. Termination and Access Restriction

The Company may terminate your access and account to the Site and its related services, or any part of them, at any time, without notice, in the event of your violation of these Terms.

10. Miscellaneous

The governing law of these Terms shall be the substantive laws of the country where the Company is established, excluding conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of these Terms. No joint venture, partnership, employment, or agency relationship is implied between you and the Company as a result of these Terms or your use of the Site. Nothing in these Terms derogates from the Company's right to comply with governmental, court, police, and law enforcement requests regarding your use of the Site.

If any part of these Terms is determined to be void or unenforceable under applicable law, that part will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remaining parts shall continue to apply. These Terms constitute the entire agreement between you and the Company regarding your use of the Site and supersede all prior communications and offers, whether electronic, oral, or written.

The Company and its affiliates shall not be liable for any failure or delay in fulfilling their obligations where that failure or delay results from any cause beyond the Company's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulations, legislation or orders of government, terrorist acts, war, or any other force outside the Company's control. In case of any dispute between the Company and you relating to the Site or these Terms, you and the Company agree to attempt to resolve it by good faith negotiation, and failing that, exclusively through the courts of the country where the Company is established.

1. Purposes of Processing

What is personal data? As used in this Policy, "personal data" is defined as in the General Data Protection Regulation and includes any information which, alone or in combination with other information we process about you, identifies you as an individual, for example your name, postal address, email address, and telephone number.

Why do we need it? We only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data to provide you with access to the Site, our services, products, and content. This consent provides the legal basis we require to process your data, and you may withdraw consent at any time. If you do not agree to our use of your personal data as described here, please do not use our Site.

We do not use your personal data for automated decision-making or profiling, except where required to fulfil obligations imposed by law, in which case we will inform you and provide an opportunity to object.

2. Collecting Your Personal Data

Information you give us includes: the personal data you provide when you register (such as name, postal address, email address, username, password); personal data in any submission you upload or post; personal data provided in connection with promotions we run; personal data provided when you report a problem or contact customer support; personal data provided when you make a purchase; and personal data provided when you correspond with us by phone, email, or otherwise.

Information automatically collected: when you access our Site we log information about you and your device, such as operating system name and version, manufacturer and model, browser type and language, screen resolution, the website you visited before ours, pages viewed, time spent on a page, access times, and information about your actions on our Site. We collect this using cookies.

3. Cookies

What are cookies? Cookies are small data files stored on your computer or mobile device by a website. We use both session cookies (which expire when you close your browser) and persistent cookies (which remain until you delete them) to provide a more personal and interactive experience. We use first party cookies (served by us) and third party cookies (served by service providers on our Site).

Disabling cookies: you can usually remove or reject cookies via your browser settings. If you do not accept our cookies, you may experience some inconvenience, for example needing to log in on every visit.

4. Advertising

We may use other companies to serve third party advertisements when you use the Site. These companies may collect and use click-stream information, browser type, time and date, and the subject of advertisements you interact with, in order to provide advertisements about goods and services likely to interest you. Their use of tracking technologies is subject to their own privacy policies.

5. Using Your Personal Data

We may use your personal data to: operate, maintain, and improve our Site, products, and services; manage your account and communicate with you about it; operate promotions you participate in; respond to your comments and questions and provide customer service; send technical notices, updates, security alerts, and support and administrative messages; with your consent, send marketing emails about promotions and news (which you can opt out of at any time); process payments; comply with applicable laws and lawful requests, enforce this Policy, and protect our rights, privacy, safety, or property and that of others; and for analysis and study.

6. Sharing Your Personal Data

We may share your personal data with: third parties designated by you, where you have provided consent; and our third party service providers who provide services such as data analysis, payment processing, information technology and infrastructure, customer service, email delivery, and auditing.

Third party sites: our Site may link to third party websites and features that have their own privacy policies. We do not accept responsibility for their websites, features, or policies. Please read their policies before submitting any data to them.

User generated content: any information you post publicly on our Site becomes public information available to other users and the general public. Please be careful when deciding to disclose personal data. If you provide feedback, we may use and disclose it, and with your consent may post your first and last name alongside it.

7. International Transfer, Security & Retention

International transfer: your information may be transferred to, stored at, and processed by us outside the country in which you reside, where data protection regulations may differ. By accepting this Policy you agree to this transfer, and we will take steps reasonably necessary to ensure your data is treated securely.

Security: we use reasonable organizational, technical, and administrative measures to protect personal data. No transmission or storage system can be guaranteed completely secure. If you believe your interaction with us is no longer secure, please notify us immediately.

Retention: we retain your personal data only for as long as necessary to fulfil the purposes we collected it for, including legal, accounting, or reporting requirements. To determine the retention period we consider the amount, nature, and sensitivity of the data, the potential risk of harm, the purposes of processing, and applicable legal requirements. Should you no longer do business with us, please notify us so we can remove your data.

8. Your Rights

• Opt-out. You may contact us to opt out of direct marketing, automated decision-making or profiling, our collection of sensitive personal data, any new processing beyond the original purpose, or the transfer of your data outside the EEA.
• Access. You may access the information we hold about you at any time via your account or by contacting us.
• Correct. You can contact us to update or correct inaccuracies in your personal data.
• Portability. Your personal data is portable; you may move it to other service providers as you wish.
• Erase and forget. In certain situations, for example where the information is no longer relevant or is incorrect, you can request that we erase your data.

To exercise any of these rights, please contact us and make clear what personal data is concerned and which right you wish to enforce. For your protection, we may only act on requests relating to the personal data associated with the email address you use to contact us, and we may need to verify your identity. We will try to comply within one month. We may need to retain certain information for recordkeeping or to complete transactions begun before your request.

9. Our Policy on Children

Our Site is not directed to children under 16. If a parent or guardian becomes aware that their child has provided us with information without consent, they should contact us, and we will delete such information from our files as soon as reasonably practicable.