TERMS OF SERVICE

Welcome to Bluee. These terms of service constitute your agreement with Bluee Services S.a.r.l. (“Bluee” or “we”).

Acceptance of Terms

By accessing the web site www.bluee.co and such other sites that are operated by Bluee from time to time (the “Site”) or using Bluee’s services (the “Bluee Services”), you agree to be bound by these terms of service including Bluee’s privacy policy provided at the Site (the “Privacy Policy”), and any additional terms on the Site (together “Terms of Service”). If you do not agree to the Terms of Service, you may not activate or use the Bluee Services. Bluee may without notice renew, modify or amend the Terms of Service from time to time. If you continue to use the Bluee Services you accept such revisions.

Jurisdictional Restrictions

If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the Bluee Services, you may not enter into this Agreement.

Third Party

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 Bluee, 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).

Bluee SERVICES

Usernames and PIN

You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Bluee 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 (“PIN”) required for access to and use of the Bluee Services. You are responsible for all actions that take place as a result of access to or use of the Bluee 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 Bluee Services you must notify us immediately to suspend the Bluee Services. You are responsible for all charges to your account with Bluee (“Account”) until the Bluee 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 Bluee Services

We grant you a non-exclusive, non-transferable right to view and use the Bluee Services and the Content (as defined below) for and subject to your compliance with these Terms of Service.

Calls made via Bluee are being rounded by 1 minute (60 sec). Based on the policies of telecom companies of particular countries (i.e India, Mexico, Bangladesh, Nigeria, Romania, Bulgaria) it is possible to have 2 minutes rounding.

No Unlawful or Prohibited Use

You expressly acknowledge and agree to use any Bluee 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 Bluee 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 Bluee’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 Bluee Service in any manner that could damage, disable, overburden, or impair any Bluee server, or the network(s) connected to any Bluee server, or interfere with any other party's use and enjoyment of the Bluee Services.

Submission of information to Bluee

In the course of using the Bluee Service, users may provide information about themselves which may be visible to certain other users (see the Privacy Policy to learn more about information collected on this Site). You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to Bluee you are granting Bluee a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Bluee Services. Furthermore, you understand that Bluee retains the right to reformat, excerpt, or translate any materials submitted by you.

Disclosure of information

Bluee reserves the right at all times to disclose any information as Bluee 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 Bluee's sole discretion.

No warranties

Bluee does not make any express warranty regarding the Bluee Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Bluee shall endeavor to provide the Bluee Services with minimum disruptions. Bluee cannot guarantee that the Bluee Services will always function without disruptions, delay or other imperfections and Bluee may choose not to provide service to countries or calling areas at its sole discretion. Since the Bluee 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 Bluee 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. Bluee will not be liable for any disruption, delays, eavesdropping or other omissions in the Bluee Services.

Suspension and interruption

Bluee is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Bluee Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Bluee Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, Bluee may prevent, at any time, in its sole discretion and without advance notice, use of the Bluee Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities, unlawful use, or misuse of service promotions or campaigns (including but not limited to the use of such promotions or campaigns in a fraudulent or abusive manner of for such purpose).

Communication

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. Bluee will not be liable for any type of communication spread by means of the Bluee Services.

No emergency calls

Bluee 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 ABluee 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 Bluee Services.

No SMS, MMS or FAX messages

The phone numbers provided by Bluee 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 Bluee

You expressly acknowledge and agree that any phone number(s) provided to you by Bluee are shared by multiple end-users. This means, without limitation, that you may not port-out any such Bluee 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 Bluee Services ("Content") is either owned by Bluee or has been licensed to Bluee by the rights owner(s) for use as part of the Bluee Services. All rights are expressly reserved. Furthermore, Bluee has the right to remove any materials posted to the Site in its sole discretion.

PAYMENT, RATES AND ACCOUNTS

Payment

In order to purchase credits for the Bluee Services and to charge your Account you shall pay Bluee the rates as stated on the Site. Payments are either made manually by you or through the 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.

VAT

Unless stated otherwise, all rates and charges shall be stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees.

Rates

The rates for the Bluee Services are published on the Site. Bluee 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 Bluee Services, following the adjustments of the rates, you accept such adjustments.

Roaming charges

You will also pay any additional charges you incur if you connect to the Bluee Services through a phone number provided by Bluee 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 Bluee Services from another country.

Refund

You may request for a refund by submitting a written request in English to Bluee’s customer services at customer.service@bluee.co. 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. Bluee 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 60 days are non-refundable.

Account and receipt

Bluee 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 Bluee Services. The Account History is the only statement of your Account that Bluee 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. Bluee 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 Bluee.

Accounting errors

If you believe that Bluee has charged your Account in error, you must submit a written request in English for refund by contacting Bluee’s customer services via customer.service@abluee.co 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 Bluee Services on the Account expires 6 months after the last activity of the ABluee Services. Credit balances that are not used within the said 6 months day period will be lost.

TERMINATION AND CANCELLATION

Bluee 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 Bluee Services and/or terminate the Terms of Service.

Cancellation of your Bluee Services

You may cancel the ABluee Services at any time. Unless otherwise stated herein, all Bluee Services will be cancelled from the Site or within 5 days of receipt of written notice from you to customer.service@bluee.co.

Limitation of Liability

Bluee 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 Bluee 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 Bluee 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 Bluee Services. This paragraph shall survive termination of the Terms of Service.

MISCELLANEOUS

Assignment

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.

Indemnity

You agree to indemnify and hold Bluee 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 Bluee Services including without limitation posting and submitting of any material, (b) connection to the Site or the Bluee Services, (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity.

Licenses

Bluee has a license to U.S. Patent No. 7,346,156.

Applicable law and competent court

The Terms of Service shall be governed by and construed in accordance with the laws of Luxembourg without giving effect to the conflict of laws or provisions of Luxembourg 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 Bluee will be exclusively subject to the jurisdiction of the courts of the district of Luxembourg.

Entire Agreement

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.

PRIVACY POLICY

IMPORTANT — PLEASE READ CAREFULLY

Your privacy is important to us and we take great care to safeguard the ways in which any information you provide us with is collected and used.

If you would like to view, correct, complete or remove your personal information, please contact Bluee by sending a written notice in English via customer.service@bluee.co.

Registration

You need to join Bluee to use the Bluee’s Services. By joining you acknowledge you are of legal age, provided true information and are fully authorized to sign on behalf of any group requesting the service.

Information collection and use in general

We do not store credit card details nor do we share customer details with any 3rd parties Bluee uses your personal information to improve the Bluee Services and to offer more effective customer service. Also, your details help us perform research and analysis to help improve our service. Your details may be stored and processed in Sweden, Luxembourg, the United States or any other country in which Bluee or its affiliates, subsidiaries or agents maintain facilities. By using the Bluee Services, you consent to any such transfer of information outside your country. Bluee abides by applicable safe harbor frameworks regarding the collection, use, and retention of personal information.

Sharing of your Personal Information

We will not disclose your personal information outside Bluee and its controlled subsidiaries and affiliates without your consent, except as described in the Terms of Service.

Some Bluee Services may be offered in conjunction with another company. In such cases, both Bluee and the other company may receive information collected in conjunction with these co-branded services.

We may hire other companies to provide services on our behalf, such as marketing activities, handling mail-outs, providing customer support, hosting web sites, billing, or performing statistical analysis. Those companies will be permitted to obtain only the personal information they need to deliver the service.

We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on Bluee; (b) protect and defend the rights or property of Bluee (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of the Bluee Services or members of the public.

As you browse Bluee website, online ad networks we work with may place anonymous cookies on your computer, and use similar technologies, in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant ads to you. If you do not wish to receive such tailored advertising, you can visit this page to opt out of most companies that engage in such advertising.(This will not prevent you from seeing ads; the ads simply will not be delivered through these targeting methods.)

Accessing your personal information

You may be able to view or edit your personal information online. To help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (mobile number and PIN).

Communication preferences

You can stop the delivery of future promotional e-mails from Bluee and services by following the specific instructions in the e-mail you receive.

You may also have the option of proactively making choices about the communications you receive from Bluee, the Bluee Services or by visiting and signing into the Site.

These communication choices do not apply to mandatory service communications that are considered part of certain Bluee Services, which you may receive periodically unless you cancel the service.

Security of your personal information

Bluee uses advanced security technologies and procedures to protect your personal information from unauthorized access. Your details are stored on computer systems with limited access in controlled facilities, and credit card numbers and PINs are protected with Secure Socket Layer (SSL) encryption when transferred over the internet.

Your PIN helps protect your accounts and personal information, and therefore it is your responsibility to keep your PIN confidential. Do not share it with anyone, and make sure you log out before leaving the Site.

Log files and IP addresses

Bluee uses your IP address to diagnose our server problems and to administer our Site.