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This agreement sets the Terms of Service between CY.TALK® and the User of CY.TALK® related services. This agreement governs both our service and any CY.TALK® approved or CY.TALK® provided devices used with our service. By subscribing to or using our service and/or buying CY.TALK® devices or software, the User agrees to these Terms of Service, including any future amendments. CY.TALK® is provided solely for the use of current and potential CY.TALK® Users to use its services and may not be used by any other person or entity, or for any other purpose. If you do not accept and abide by this agreement, you may not use the CY.TALK® service. Nothing in this agreement shall be deemed to confer any third-party rights or benefits. All information linked to these Terms of Service is part of it.
We are an internet telecommunications service provider duly registered in Switzerland, and we provide it on a best efforts basis. There are important distinctions between a standard telecommunications service and our service. Our service is subject to different regulatory treatment than a standard telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Events beyond our control may affect our service, such as power problems, fluctuations in the internet, your ISP or broadband service, security or maintenance issues. We will act in good faith to minimize disruptions to your use of and access to CY.TALK® service.
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CY.TALK®'s Service Policy
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By registering on CY.TALK®, the user is obliged to provide very accurate and current information as prompted by the CY.TALK® registration pages, maintain and immediately update your online profile information to keep it accurate and current. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your account. For the CY.TALK® Users living in Switzerland we support emergency service numbers, please refer to the "Emergency Services" paragraph of our Terms of Service. You may not select or use an CY.TALK® ID of another person with the intent to impersonate that person; use a name subject to the rights of any other person without authorization; or use a User Name that CY.TALK®, in its sole discretion, deems inappropriate or offensive. You must be at least thirteen (13) years of age to use our service. CY.TALK® reserves the right to refuse service to anyone at any time without notice for any reason. The User shall treat confidential all passwords, access codes and store such data in a safe place.
CY.TALK® may, at its sole discretion, terminate your account for any fraudulent, abusive or otherwise illegal activity, and you may be reported to relevant law-enforcement agencies. Uses of our services and/or devices that can be deemed illegal, improper or inappropriate are the following : use of the service in an abusive, threatening, fraudulent manner, invading another's privacy, auto-dialing, continuous or extensive call forwarding, Telemarketing ( any kind of polling, survey and other data mining). You shall not use our service or your device to impersonate another person; as well as use any automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our service or use any automated means to manipulate our service; use our service to violate any law, rule, or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to CY.TALK®'s service. Please note that the list is not exhaustive but only meant as examples. The availability of CY.TALK®'s services and/or rates may vary from country to country. You also acknowledge that this service is based on internet, and although we do our best effort to provide you with the best service, your internet bandwidth maybe not be of a sufficient speed or quality to have good quality for calls. You acknowledge that our service may not be compatible with other non-voice communications equipment. You waive any claim against CY.TALK® for interference with or disruption of any services and equipment. The billing starts the day your account is activated - regardless if you use the service or not. In order to terminate your service, you can do so from the CY.TALK® website or User Care Department, via telephone: + 41 22 588 8 588 or email. Once an account is terminated it cannot be reactivated, all data will be lost. CY.TALK® does not accept ideas, concepts, or techniques for new services or products through CY.TALK®. If such information is received, it will not be considered confidential and CY.TALK® will be deemed free to use, communicate and exploit such information in any manner it chooses. No Resale of any of the Services or the User unless expressly authorized in writing by CY.TALK®.
Users are not permitted to transfer the rights and obligations arising from this contract to third parties without CY.TALK® prior consent. CY.TALK® is entitled to transfer the rights and obligations arising from this contract to another CY.TALK® affiliated company.
We reserve the right to change, modify, suspend or discontinue any portion of the website at any time. We may also impose limits on certain features or restrict your access to parts, or the entire website, without notice or liability. CY.TALK® and its Content are protected by international copyright, trademark and other laws. © January 2009 CY.TALK®. All rights reserved. Specifically, CY.TALK® does not convey to anyone, through allowing access to CY.TALK®, any ownership rights in CY.TALK® or in any content appearing on or made available through CY.TALK® User may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of CY.TALK® website or it is Content.
CY.TALK® and its content are provided "as is". CY.TALK® and its licensors disclaim any and all warranties, expressed or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, regarding any such content and your ability or inability to use CY.TALK® and its content.
Use of CY.TALK® and its content is at your sole risk. CY.TALK® will in no event, be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in, or the use of, or inability to use CY.TALK® and its content including, without limitation, damages for lost profits, business, data, or damage to any computer systems, even if you have advised CY.TALK® of the possibility of such damages. You agree to defend, indemnify and hold harmless CY.TALK®, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims arising out of your breach of any of these terms and conditions, and any of your activities conducted in connection with this site. CY.TALK® may provide links to other sites that we feel are relevant and interesting to our Users CY.TALK® is not responsible for the content on those sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these sites may provide The User with opportunities to purchase products or services. CY.TALK® does not endorse any of the products or services nor do we make any representations or warranties in connection with the products or services. If customers use their connections to purchase products or services, CY.TALK® accepts no liability whatsoever for the services or products purchased or ordered over its network, even if CY.TALK® collects payment from the User for such products or services on behalf of third parties.
We currently offer no support for any Soft phone to access the CY.TALK® service.
Phone Number service is based on a recurring fee, the User has a choice of different billing cycles, and the longer the chosen cycle is the more discounts the User will get. The recurring fees are fully due one week before the start of each chosen billing cycle. After the three first months, the User can cancel when he pleases. In case the User cancels during an ongoing billing cycle, the Phone Number will be valid until the end of that billing cycle (except it is before the end of the first three months, in that case, it will be due to the end of the first three months). The Phone Number the User is buying is originally provided by partner telecoms providers of CY.TALK®. CY.TALK® tests and makes sure to the best of its knowledge that the service is fully functional, but cannot provide guarantee for the service. If for a reason that is above CY.TALK®'s control the service cannot be continued, CY.TALK® will propose to the User a Phone Number in replacement or a refund of that Phone Number for the remaining time for the ongoing billing cycle. Rates and conditions for the phone Numbers may change at any time. CY.TALK® will inform User of such changes 30 days in advance. If User decides to cancel before the new rates take effect, CY.TALK® will refund the remaining time of the current billing cycle. This right of refund expires with the coming into effect of the new prices or conditions. User is responsible for keeping enough funds in his account in order keep his Phone Number fully active. The User's Phone Number subscription is automatically renewed until you decide to cancel it. In case your payment method expires or is not valid, please refer to the "Billing and payment" paragraph of our Terms of Service. Each Phone Number has a setup fee and a variable number of free incoming minutes included. After those free included minutes are consumed, the User will be charged for incoming calls. The number of free minutes and the rate for each successive minute are clearly visible to the User at the time of the purchase. No fee applies for cancellation. Once a Phone Number is cancelled and the billing cycle period is over, that Phone Number is lost and cannot be reactivated. For the Phone Number Caller ID please refer to the Caller ID paragraph in our Terms of Service. Phone Numbers cannot be sold or transferred; they are exclusively for the User's use.
For CY.TALK® to give you the possibility to display the Caller ID of the Phone Number you have purchased from CY.TALK®, you must prove that you have a valid address from the country that the purchased Phone Number comes from. For that purpose, please fill and fax or email the following document and a utility bill (electricity, gas, phone…) to the following number: +41 22 588 8 589 or email. Upon verification, the caller ID will be added in your Called ID list, from where you will have the choice to activate it. The User always must provide and maintain accurate and truthful information. CY.TALK® is in no way responsible of any abuse or illegal use of this service, the User is solely responsible. Caller ID is subject to a monthly free.
The telephony service is a prepaid service based on a pay as you go system. Calls are rounded to the next whole minute. Rates may vary at any time; Users will be informed 30 days in advance. Credit expired 180 (one hundred eighty) days after last account top up.
When a User dials an 8XX or 9xx value added service CY.TALK® has to charge the User the associated cost. Rates depend on the provider of each service; CY.TALK® collects payment for those business service providers. If the User has any complaints about these costs of services or products he must refer exclusively to the providers of those services. CY.TALK® is not responsible for any service provided by 8xx or 9xx numbers.
Each User can choose to enable or disable access to 9xx number from his profile.
When a user registers for the CY.TALK® he is automatically inserted in the CY.TALK® directory. User has the choice to opt out form his profile. CY.TALK® has no obligation to check the information entered by the User.
The SMS service is a prepaid service based on a pay as you go system. The User is billed on a per SMS basis.
The Digital Receptionist service is based on a setup fee a monthly recurring fee and a transfer fee if applied; some other fee may be requested depending on the complexity. Setup fees are due as soon as the User accepts to the quote CY.TALK® proposed and before CY.TALK® starts the development. The recurring fee is fully due one week before the start of each month. The transfer fees are charged like calling fees, in a pay as you go fashion, refer the "telephony service" paragraph of the Term and Services. After the six first months, the User can request cancellation when he pleases with a 30 (thirty) days advance notice. (except it is before the end of the first six months, in that case, it will be due to the end of the first six months).
CY.TALK® can provide Internet access as well as all kinds of dedicated lines or connections intra office or to internet to its clients in Switzerland, for more details refer to the document "Conditions Générales concernant les prestations Internet de CY.TALK®"
Sometimes the CY.TALK® network infrastructure requires to be taken offline for the purpose of maintenance or upgrades. For scheduled maintenances and/or upgrades The Users will be notified a reasonable time in advance. Also it is possible that emergency maintenance and/or upgrades need to be performed immediately without any notification to ensure the stability, security or availability of the CY.TALK® infrastructure. The User cannot hold CY.TALK® responsible for the downtime of these events. CY.TALK® can ask any third party for assistance.
Our service is only supported by devices bought from CY.TALK®'s authorized partners or resellers and agents. No other devices are supported and CY.TALK® has no responsibility to provide service on this hardware. The User also agrees that he will use his device exclusively for The CY.TALK® service. As the User, operator and/or administrator of this equipment, he is responsible for maintaining the security of the equipment, including but not limited to the physical and network security elements of his device. The devices bought from an CY.TALK® authorized dealer/agent/reseller are subject to a limited warranty except as set forth in these Terms of Service. If the User receives a device from CY.TALK® and the device included a limited warranty from another person (such as the manufacturer) at the time he receives it, he should read the separate limited warranty document he got with the device for information on the limitation and disclaimer of certain warranties. CY.TALK® will provide a limited warranty on the device only for manufacturing defects for a period of one year from your subscription date. If the device is defective the User can get a replacement device by following our return procedures (Contact our customer care: email). The User may not change the electronic serial number or equipment identifier of his device or perform a factory reset of his device without first getting CY.TALK® written consent. CY.TALK® offers no warranty that the device, its firmware or software is "error free" or will meet your requirements. Users may not attempt to hack or otherwise disrupt our service or make any use of the CY.TALK® service that is inconsistent with its intended purpose. Users have not been granted any license to use the firmware or software CY.TALK® uses to provide its service or that CY.TALK® provides to its Users in providing the CY.TALK® service. CY.TALK® will not provide any passwords, codes, or other information or assistance that would enable the User to use his device for any other purpose. CY.TALK® reserves the right to prohibit the use of any interface device that CY.TALK® has not provided to its Users. The User warrants that he possess all required rights, including software or firmware licenses, or both, to use any interface device that CY.TALK® has not provided to him. Users may not reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
For our Users living in Switzerland, CY.TALK® supports emergency services. For that purpose, the User is obliged to always provide and maintain very accurate information about the place he is using the service, to allow the emergency services to locate the User in a precise manner. The emergency service, in case of an emergency call, will come to the address specified in the User profile. If the User takes his phone to other locations, he must update the address in his profile. CY.TALK® is in no way responsible if the User does not update his information. Events beyond our control may affect our service, such as power outages, fluctuations in the internet, your underlying ISP or broadband service, security issues or maintenance. You should always have an alternative means of accessing emergency services. CY.TALK® is not intended to replace your primary phone service, such as traditional landline or mobile phone. User must access these numbers through a traditional landline or mobile phone. Neither CY.TALK® nor its officers or employees may be held liable for any claim, damage or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or User of our service, relating to our service, including, without limitation, emergency dialing, or your device.
We offer varying types and levels of User service depending on a number of factors, including the service you are using and the problems you are experiencing. For more information on our User service, please go to our "support" section on our web site www.cytalk.com. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate service agreement with us, we may change the User service options at any time.
CY.TALK® Service uses, in whole or in part, the public Internet and third party networks to transmit voice and other communications. CY.TALK® is not liable for any lack of privacy, which you may experience from using our service. In order to comply with any valid legal process or governmental request or as otherwise provided in these Terms of Service, CY.TALK® might be required to access or disclose your personal information, including the content of your communications and personal information collected by CY.TALK® may be stored and processed in any country. By using CY.TALK®'s service, you consent to any such transfer of information outside of your country. CY.TALK® reserves the right to temporarily or permanently discontinue service at anytime and this without any notice. If this occurs, it will issue full refunds on unused balances. We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or CY.TALK®, its parent, affiliates, directors, officers, agents, and employees from harm. If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law or in emergency situations where disclosure of such information is necessary to protect CY.TALK® Users or third parties from imminent harm. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider Terms of Service because of your use of our service. CY.TALK® cannot assume any guarantee for an uninterrupted or fault-free operation of its services, and absolute protection of its network against unauthorized access or interception. CY.TALK® does not share it information with other parties for marketing purpose. The information collected is use by CY.TALK® to make the service more personalized and efficient. CY.TALK® may share this information with CY.TALK® group companies.
The user's browser must be set to accept cookies; if not, the user will not be able to buy or take advantage of certain features of CY.TALK®, such as storing your shopping cart, and other user preferences. Cookies allow us to recognize our users automatically when they visit CY.TALK® so that we can personalize their experience and provide them with better service. Cookies are also used for fraud prevention and other purposes.
Our rates, fees and charges are published on our website. Rates can change at any time and be effective from any date. Users will be notified 30 days in advance. If User decides to close his account before the new rates take effect, CY.TALK® will refund the remaining credit. This right of refund expires with the coming into effect of the new rates, fees or charges. CY.TALK® reserves the right to charge for its free of charges service or for any abuse of its free service. Such charges will be disclosed to the User prior. Changes in tax rates or other duty rates, entitles CY.TALK® to change its rates immediately and without any advance notice, the User will not be entitled to any refunds. The User billing is based on the CY.TALK® records, these records will be considered as correct and the amounts as due. If the User wants to dispute any CY.TALK® charges on his statement, the User must notify CY.TALK® by sending an email within 30 (thirty) days after he receives his statement from his bank or credit card issuer. If the User does not dispute the charges within 30 (thirty) days, the User waives any right to contest the charges. And If after investigation from CY.TALK® no errors are present bill will be fully due. CY.TALK® does not round cents: we use four-digits accounting. CY.TALK® does not give credit allowances or refunds for Prepaid Service. Rates, fees and charges may vary from country to country. Money back guarantee policy is subject to Swiss law. The User is responsible for the use of the CY.TALK® services at all times, even by unauthorized persons. In particular, they must pay the charges incurred for the use of the CY.TALK® service. CY.TALK® for its base telephony service does not have any activation fees, does not charge for service termination, does not have any connection charges, and does not have subscription fees. Your CY.TALK® account and credit expire 180 (one hundred and eighty) after the last credit top up. When the User subscribes to CY.TALK®'s service, the User must give CY.TALK® a valid email address, billing address and a payment method that CY.TALK® accepts. CY.TALK® reserves the right to stop accepting the User's payment method or the User's payments. The User must advise CY.TALK® at once if; the User's payment method expires; the User's billing address changes; the User's email address changes; the User's payment method is cancelled and replaced because of loss or theft. For usage-based charges, CY.TALK® will bill in advance the User's payment method for all charges for each service term. An email will notify the User of charges his account is incurring. The User can see all his billing reports on the CY.TALK® website. The User can choose his billing cycle for some of our services. Recurring services are billed one week before the start of the next billing cycle. Subscriptions are automatically renewed until the User decides to cancel them. If CY.TALK® attempts to charge the User's payment method and CY.TALK®'s payment provider declines it, the User will be notified by email in order to provide a valid payment method in a timely fashion. If the User fails to do so in the given time, the services for which the payments are dependent will be discontinued; all issues that may arise from this situation are solely at the User's responsibility. If CY.TALK® disconnects the User's service, the User will remain liable to CY.TALK® for all charges under this agreement and all the costs CY.TALK® incurs to collect these charges, including, without limitation, collection costs and attorney's fees. The User may not resell or transfer his service or his device, or provide a telephone service to anyone else by using his CY.TALK® service or features without first getting CY.TALK®'s written consent. The User may not use or obtain CY.TALK® service in any manner that avoids CY.TALK® policies and procedures, including an illegal or improper manner. If the User's device is stolen or if he believes that his service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner, the User will notify CY.TALK® immediately. When the User notifies CY.TALK® of one of these events, the User must provide his account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of our service. If the User fails to notify CY.TALK® in a timely manner, CY.TALK® may disconnect the User's service and levy additional charges on the User. Until the User's notifies CY.TALK®, the User will be liable for all use of CY.TALK® service using a device stolen from him.
This agreement, including any future modifications to its terms and the rates for services found on our web site, constitutes the entire agreement between the User and CY.TALK®. This agreement governs the User's use of CY.TALK® services and the use of CY.TALK® services by anyone who has access to the CY.TALK® devices and or service. This agreement supersedes any prior agreements between the User and CY.TALK®. It also supersedes all prior or contemporaneous statements, understandings, writings, and commitments.
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Disclaimer of Liability for Damages
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This agreement is governed by Swiss law, as well as the relationship between the User and CY.TALK®. CY.TALK®'s total liability under this agreement will not exceed the service charges for the affected period. The User shall defend, indemnify, and hold harmless CY.TALK® and its employees and management as well as any affiliated parties, as well as any other service provider who furnishes services to the User for CY.TALK®, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, the User or any third party or User of our service, relating to CY.TALK® services or devices. The User is liable for all liability that may arise from the content the User transmits to any person, whether or not the User authorized it, using the User's service or devices. The User promises that he, and anyone who uses his service, will provide content that comply at all times with all laws, regulations, written and electronic instructions for using the CY.TALK® service and the devices. CY.TALK®'s failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. CY.TALK® reserves all of its rights at law and equity to proceed against anyone who uses its services or devices illegally or improperly. All determinations by CY.TALK® under these Terms of Sale are made and done in CY.TALK®'s sole and absolute discretion. The provisions of this agreement by their sense and context are intended to survive the termination or expiration of this agreement. If the User is not a party to this agreement, the User does not have any remedy, claim liability, reimbursement, or cause of action. This agreement does not create any other third party beneficiary rights.
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United States 
