Things You need to know when using Vipiam:
This Agreement: These Terms of Service together with all updates and any additional terms applicable to Your use of the Vipiam Services, collectively constitute the legal agreement between You and Vipiam. To agree to these Terms of Service, click Agree. If You do not agree to these Terms of Service, do not click Agree, and do not use the products. Please make sure You have read this document in it's entirty, and any other additional terms which apply to Your use of the Vipiam Services.
Jurisdiction Restrictions: If the law of Your country prohibits You from using the products because You're under the age limit or just because the products are not allowed in Your country, please don't use them.
Vipiam: Vipiam, Inc.located at 4423 Del Prado Blvd South Cape Coral, Florida 33904
Terms of Service: these terms of service as may be renewed and/or amended from time to time.
Expectations
These should be Your expectations when You use Vipiam:
Quality: Vipiam will try to provide the Products with minimum disruptions. However please understand that Vipiam can not guarantee that the Products will always function without disruptions, delay or other imperfections. Since the Products will be transmitted through public Internet lines, there may be power outages or Internet service disruption and You may experience some disruptions.
Technical maintenance & improvement: Vipiam may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. Vipiam may also have to repair, improve, and/or upgrade the products and this may require us to restrict, limit, suspend, interfere and/or interrupt the products.
Content of communications: Vipiam does not control, or have any knowledge of the content of any communication(s) spread by the use of the products. 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, illegal, harmful to minors, indecent or otherwise objectionable.
No Emergency Calls: More important than anything: please remember that Vipiam does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. Vipiam is not a traditional telephone service or a replacement for your primary telephone service. There are important differences between traditional telephone services and the products. You need to make additional arrangements in order to access emergency services. It is Your responsibility to purchase, separately from the products, traditional wireless or fixed line telephone services that offer access to emergency services. If, with Your permission, another user uses Your Vipiam connection, it is Your responsibility to inform that user that it is not possible to support or carry emergency calls using the products.
What we expect from you
Information: You will be required to provide Vipiam in good time with any data or information necessary for a proper provision of the Products.
No reselling: You agree not to resell the Vipiam Products to any third party.
Indemnity: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Vipiam AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE Vipiam PRODUCTS. Payment for International calls outside the US & Canada
Vipiam Credit: To use the products You need to have a pre-paid account with sufficient balance of Vipiam credit, which is credit purchased by You from Vipiam and allocated to Your account Vipiam Credit. You must deposit sufficient Vipiam Credit in Your account through Your debit or credit card, PayPal, promotional voucher, or other means which may be made available by Vipiam. Vipiam reserves the right to stop accepting debit or credit cards from one or more issuers.
Device Cost Breakdown
Get started for only $287.90
| Device Cost: | $149.00 |
| Online Virtual Office: | $99.00 |
| Annual Membership: | $29.95 |
| Shipping: | $9.95 |
| Florida State Tax (6%): | $10.74 |
(only applicable for FL residents)
Refund Policy
Refund Request: You can request a refund for unused and unexpired products (such as unused Vipiam Credit) at any time, by submitting a support request. If You purchase Products (including Vipiam Credit) via a third party partner of Vipiam, any refund requests should be submitted to such partner and not Vipiam. The partner may decide in its sole discretion whether or not to pay a refund.
Members may cancel this transaction, without penalty or obligation, for a full refund, within FIVE (5) business days from the date of this Agreement, exclusive of the date of signing or if processed electronically the date this agreement is the date submitted to Vipiam for processing. I understand that if I cancel after the FIVE (5) day period, I am not entitled to a full refund. This limitation is superceded by any state law.
If I cancel within the five (5) business days from the date of this Agreement, any payments made by me under this Agreement and any instrument executed by me will be returned within fifteen (15) business days following receipt by Vipiam of my Cancellation Notice. If I cancel, I must make any literature or materials I have received available for return to Vipiam in substantially as good condition as when received.
To cancel this Agreement, I must mail, via registered or certified mail, return receipt requested, or deliver personally to Vipiam a signed, dated copy of a Notice of Cancellation, or send a telegram to: Vipiam, Inc., 4423 Del Prado Blvd. S., Cape Coral, Fl. 33904.
Where applicable state law on cancellation is inconsistent with Vipiam policy, such state law shall be in force. I hereby apply to for Membership in the Vipiam Network witth Vipiam, Inc. (Vipiam) and have carefully read and agree to abide by all terms and conditions of this Agreement, the Compensation Plan, the Anti-Slamming Policy and the Policies and Procedures which are incorporated by reference herein.
Termination Device Returns: If a terminating Member has purchased Vipiam Devices or mandatory sales aids while the Membership Agreement was in effect, all unencumbered Vipiam Devices in a resalable condition then in possession of the Member, which have been purchased within 30 days of cancellation (12 months in GA, IA, LA, MA, MT, OK, TX and WY), may be tendered for repurchase. The repurchase shall be at a price of not less than 85 percent of the original net cost to the Member. In addition, the Company will honor statutory buyback requirements of every jurisdiction. Vipiam will also repurchase any sales materials and the Vipiam Membership for a period of one year from the time of purchase providing the materials are current and in resalable condition.
Additionally, Montana Members who cancel within 15 days are entitled to a 100% refund of any consideration given to participate. A written return request must be submitted, and accompanied by proof of payment and a copy of the invoice for membership. Vipiam will instruct the Member where to ship the devices for inventory and verification, and will also provide the Member with a formal Return Merchandise Authorization number. Upon receipt and inspection of the return, Vipiam will process the appropriate refund for payment. Member must pay the cost of return freight.
Vipiam reserves the right to deny repetitive refund requests.
Vipiam will refund the balance of Your Vipiam Credit in the event You terminate Your User Account(s) as permitted under these Terms of Service or in the event that Vipiam terminates these Terms of Services without serious cause.
All refunds shall be paid to the person who initially purchased the Vipiam Credit or Product, either through the original payment method used, or any other reasonable payment method to be determined by Vipiam in its sole discretion, or Your Vipiam Credit shall be adjusted accordingly.
Vipiam reserves the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by You of these terms relating to refunds.
Payment
Charges and Rates
Products: You shall pay Vipiam any applicable charges and rates as stated on the Vipiam Website in connection with Your purchase and use of the products. You will be able to pay with Your Vipiam Credit balance or with any other payment method available.
The duration of a call for both Vipiam outgoing calls shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. During the call, charges incurred will be deducted automatically from Your account.
Change of charges
Vipiam rates are subject to change at all times, without any notice to You.
If You do not wish to accept such adjustment of rates, You may ask for a refund. You agree by continuing to purchase and/or use the products following the adjustments of the rates, You accept the new rates.
Tax: Local taxes may apply in certain countries.
Charged in error: In the event You believe that Vipiam has charged You in error, You must contact Vipiam's customer serviceswithin 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.
Vipiam's liability to You
Limitation of Liability: IN NO EVENT SHALL Vipiam, ITS AFFILIATES, ITS LICENSORS OR THE Vipiam STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:
- ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND
- ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).
THE LIMITATIONS ON Vipiam'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT Vipiam, ITS AFFILIATES OR THE Vipiam STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF Vipiam FOR
- THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF Vipiam, THE Vipiam STAFF OR ITS AGENTS, OR
- ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
Vipiam'S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF 5,000 USC (UNLESS THE LOSS IS DUE TO Vipiam'S WILLFUL DEFAULT OR GROSS NEGLIGENCE).
SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES. THE PRODUCTS DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER Vipiam NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE Vipiam PRODUCTS TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH ABOVE.
SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. Vipiam DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, PUBLIC CHATS, VipiamOUT PREMIUM) OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES REFERRED TO IN PARAGRAPH 11 BELOW. NEITHER Vipiam NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.
Jurisdiction's Limitations: As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation.
Force Majeure: You acknowledge and understand that if Vipiam is unable to provide the Products as a result of a force majeure event Vipiam will not be in breach of any of its obligations towards You under these terms of service. A force majeure event means any event beyond the control of Vipiam. In the event Vipiam is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. Vipiam SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
How long does your agreement with Vipiam last for?
Duration: The agreement will be effective as of the date of Your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by Vipiam, or the date of Your first use of any of the products, whichever occurs earlier, and will remain effective until terminated by either Vipiam or You as set out below.
Termination: You may terminate Your agreement with us at any time. Without limiting other remedies, Vipiam or its Affiliates may terminate these terms of service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the products, prohibit access to Vipiam's website, remove hosted content, and take technical and legal steps to keep You off the Vipiam Website if we think that You are in breach of these terms of service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, if You purchased Vipiam Credit from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. Vipiam shall effect such termination by preventing Your access to Your account and to the products and Vipiam Software. If You provided a valid email address, Vipiam may provide notice to You by email.
Update: Vipiam reserves the right to modify these terms of service at any time. If You do not wish to accept these revised terms of service, You are entitled to terminate Your account, in writing or by e-mail.
Termination of numbers: Vipiam is entitled to refuse, change or terminate any number allocated to You at any time for any reason.
In the event that Vipiam changes the VipiamIn number that has been allocated to You, Vipiam will send a notification by e-mail, stating the effective date of the change and Your new number. If You do not wish to accept this new number, You are entitled to terminate. Your co-operation. You agree that You will comply with any reasonable instructions given by Vipiam or Vipiam's partners with regard to the use of the numbers and the products including but not limited to compliance with any terms of service, provide accurate and complete information with regard to Your place of residence and Your use of the number(s), and such other information as may reasonably be required from time to time by Vipiam.
Responsibility for unauthorized use: You are solely responsible and liable for all activities conducted through Your account even if such activities were to occur without Your permission. To prevent unauthorized use, we advise You to keep Your Password confidential and not to give it to any third party.
Terms for the use of Voicemail
Limits of usage: Vipiam may from time to time introduce, remove or amend limitations to the use of the Voicemail Product including but not limited to message storage time, number of messages and message length.
Third parties' products and services
You may purchase third parties' content, products or services available, including games, applications, images, ring tones, or avatars to personalize Your account.
The third party products or services referred above may be subject to the third party provider's own license agreement and privacy policy that you may have to accept upon download or installation.
Vipiam reserves the right to remove without notice any content that infringes or may infringe a third party's right and/or is unlawful, obscene, pornographic, defamatory, libelous, threatening, hateful, racially or ethnically offensive or otherwise inappropriate.
Terms for Public Chat
By creating a public chat, You agree to act as the administrator of it and to take the responsibility to moderate this chat. You are responsible for defining the community guidelines regulating Your chat and to enforce them. You will have the responsibility to exclude any participant that You believe is in breach of such rules or is not acting properly. If someone reports any content of Your chat as illegal, infringing or otherwise inappropriate, You will be responsible for taking such content down. If You decide to leave Your public chat, it will be closed down unless You transfer the administration of it to someone else. If You do so, the new administrator will assume the exact same responsibilities, as if he had created the chat in the first place.
Terms for Subscriptions
Fair Usage: Subscriptions are subject to Vipiam's fair usage policy which states:
Calls to phones and mobiles calls are included in your subscription subject to a fair usage limit of 5,000 minutes per user per month, with a maximum of 4 hours per day. Also, no more than 25 different numbers in total can be called per day.
Once these limits are exceeded Vipiam will charge for additional minutes used. Subscriptions are for individual use only. Each subscription is to be used by one person only and is not to be shared with any other user (whether via a PBX, call centre, computer or any other means).
Vipiam reserves the right to withdraw or change the subscriptions at any time. If Vipiam changes the Products included in Your subscription, Vipiam will send a notification by e-mail, stating the changes and their effective date. If You do not wish to accept these changes, You are entitled to terminate Your subscription, in writing or by e-mail.
In the event that there is, or Vipiam suspects that there is, any fraudulent activity or misuse of Your subscription, Vipiam reserves the right to terminate Your subscription with immediate effect and without a refund.
You may terminate Your subscription at any time. You may switch subscriptions at any time.
VOICE OVER INTERNET PROTOCOL (VOIP) AND E-911:
THE FOLLOWING INFORMATION RELATES TO EMERGENCY SERVICES DIALING AND IS AN IMPORTANT PART OF THE CONTRACT FOR SERVICES. BY USE OF Vipiam YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THE LIMITATIONS RELATIVE TO EMERGENCY SERVICES E-911 DIALING. In May 2005, the FCC adopted rules requiring providers of Interconnected VoIP services to supply 911 emergency calling capabilities to their customers as a mandatory feature of the service by November 28, 2005. Vipiam is an "Interconnected" VoIP service and maintains E-911 Service. All "Interconnected" VoIP services allow a user generally to receive calls from and make calls to the traditional telephone network. Under the FCC rules, interconnected VoIP providers must: - Deliver all 911 calls to the local emergency call center;- Deliver the customer call back number and location information where the emergency call center is capable of receiving it;
- Inform their customers of the capabilities and limitations of their VoIP E-911 service.
1. E-911. There are significant differences between E911 service and traditional the 911 services. You should know how E911 differs in both reliability and effectiveness from traditional 911. With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. Customers in locations where the emergency center is not equipped to receive, capture or retain your telephone number and address if you have basic E911 or are in a limited E911 coverage area. With basic E911 or in a limited E911 coverage area, the local emergency operator answering the call may not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected or if you are unable to speak. As additional local emergency centers become capable of receiving our customers' information, Vipiam will automatically upgrade customers with basic 911 to E911 service. Vipiam will not give you notice of the upgrade.
2. Coverage Areas. Certain customers do not have access to either basic 911 or E911 services based on service areas. Where and when your Vipiam ATA or Phone is transported to, and used from, an international point or destination is one such circumstance where Vipiam customers would not have access to basic 911 and E-911 services. Likewise, some limited area within the continental US may not have 911 or E-911 services. This is particularly true for certain rural areas. If you don't have access to basic 911 or E911, your E911 call will be sent to the Vipiam outsourced E-911 national emergency call center. In that case your E911 call will not be directed to a local emergency operator who may be better equipped to provide assistance based upon the location on record with Vipiam. A trained dispatcher at the emergency call center will ask for the name, telephone number and location of the customer calling E911, and then contact the local emergency center for such customer in order to send help.
3. Portable Devices. If you use certain portable Devices, your 911 calls will be routed to the Vipiam E-911 national emergency call center. Be advised that emergency personnel may not immediately receive your phone number or physical location when your E911 call is routed to the Vipiam E-911 national emergency call center and then to the corresponding 911 dispatch center. As such, you authorize us to disclose your name and address to third-parties involved with providing E911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers as a material term of service.
4. Knowledge of E-911 Service. You are responsible to inform all household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the important differences in and limitations of Vipiam E-911 Dialing as compared with basic 911.
5. Registration of Physical Location. Registration of Physical Location Required is required for each Vipiam phone line that you utilize with the Service, and you MUST register and update with Vipiam the physical location where you will be using the Service associated with that phone line. Your initial location will be registered as a part of subscribing to the Service. In addition, you are agreeing to cooperate with Vipiam efforts to provide you with E911 service. It is incumbent on you to confirm the accuracy of your physical address via your online account if you have any changes, additions or transfers of phone numbers. When you move the Device to another location, you must update your location. If you do not update your location, E911 calls you make may be sent to an emergency center near your old address and they may not be able to provide emergency assistance. When activating a Vipiam phone or updating a phone location, if that location emergency center does not support E911, Vipiam will not be able to provide service for that phone.
6. Service Outages.
a. Service Outages Due to Power Failure or Disruption. E911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.
b. Service Outages Due to Internet Outage or Suspension. Service Outages Due to Internet Outage or Suspension or Disconnection with your Broadband Service or Internet Service Provider ("ISP") Service. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including E911 Dialing, from functioning.
c. Service Outage Due to Disconnection of Your Vipiam Service. Service Outage Due to Disconnection of Your Vipiam service Account. Service outages due to disconnection of your account will prevent all Service, including 911 Dialing, from functioning.
d. Service Outages Due to ISP or Broadband Provider Blocking. Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP, broadband provider or other IP-Service provider may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. If you suspect this has happened to you, you should alert us to this situation and we will work with you to attempt to resolve the issue. During the period that the ports are being blocked or your Service is impeded, your Service, including 911 Dialing, may not function. You acknowledge that Vipiam is not responsible for the blocking of ports by any third party or any other impediment to your usage of the Service, and any loss of Service, including 911 Dialing, which may result.
e. Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement, including Acts of God and Disaster.
7. Network Congestion. Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a E-911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
8. Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our E-911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing E-911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Vipiam nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Vipiam, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with Vipiam service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
9. Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.
Terms for Vipiam for Your Mobile
Vipiam for Your Mobile: Vipiam for Your Mobile means the availability to use some of the Vipiam Services (such as, Internet messaging (chatting), and making and/or receiving of Vipiam-to-Vipiam calls), through the Vipiam Software mobile application. To enable and use Vipiam for Your Mobile You will need access to a mobile data network. You will also need to download and install the mobile version of Vipiam Software into Your mobile device and accept the End User License Agreement and the Privacy Policy.
Charges for Vipiam for Your Mobile: Communications over Vipiam for Your Mobile are not free, they will be equivalent to the member account plan.
Limited availability and usage: It is possible that some of the functionality for Vipiam for Your Mobile is not available globally. Furthermore, it is possible that usage of Vipiam for Your Mobile is cost effective within defined territories only. You understand that it is in Your own interest to use Vipiam for Your Mobile only as recommended by Vipiam. Out-of-country usage may lead to significantly higher costs than regular usage, and You are solely responsible for keeping Yourself informed and paying for possible roaming and other applicable charges. Miscellaneous
Entire Agreement: The terms and conditions of these Terms of Service and any applicable Additional Terms constitute the entire agreement between You and Vipiam with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or Vipiam arising out of fraud or fraudulent misrepresentation.
Partial Invalidity: If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.
No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If Vipiam waives a breach of any provision of the Terms of Service this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
Assignment: You are not allowed to assign the Terms of Service or any rights hereunder. Vipiam is allowed at its sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice.
Applicable Law and Competent Court: The Terms of Service shall be governed by and interpreted in accordance with the laws of Florida and shall be subject to the jurisdiction of such.
Language: The original English version of the Terms of Service may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
Survival: The terms of all paragraphs of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON OR BY USING THE PRODUCTS YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Vipiam THE RIGHTS SET FORTH HEREIN.
Vipiam Last revised: 2011