Terms and Conditions
TERMS AND CONDITIONS OF THE NUBEFONE APP SERVICES.
1.-CONTRACT WITH NUBEFONE.
These Terms and Conditions and the cover make up the Contract (from now on the Contract) and are the only ones applied to the call service offered through the Nubefone app of PEOPLETEL, S.A (from now on Nubefone) for both individuals and corporations, being natural or artificial persons (from now on the Costumer).
Nubefone allows you to use its communication app combining telephony and Internet, as well as the future updates, through the pay of the made calls rates, which are shown in the app.
Costumer, or user, is either the individual or corporation, natural or artificial person, who download the NUBEFONE app, sign up including all necessary data and subsequently makes phone calls through the NUBEFONE app. Only then the individual or corporation will be considered a Costumer according to these Terms and Conditions.
Provide the phone calls service requested through the NUBEFONE app (from now on the Service) to the Costumer.
3.-ACCEPTANCE OF THE CONDITIONS AND THEIR CHANGES.
3.2 Peopletel can modify any of the contract sections. Peopletel will publish the updated Terms and Conditions in www.nubefone.com. The modifications will take effect from the date of publication so the Costumer should frequently review the different sections of the contract. The Costumer understands and agree that the explicit acceptance of the Contract, the Terms and Conditions, and/or the use of the App, the Service or the services of the NUBEFONE website after the publication will form the agreement with the Contract and the modified Terms and Conditions. If the Costumer doesn’t accept the Contract and the modified Terms and Conditions, the relation with Nubefone can be finished as regulated under the Contract.
4.-LICENSE FOR USE.
Subject to completion of the Terms and Conditions, the Costumer can download and install the NUBEFONE App in a type mobile “smartphone” in order to use it with the Costumer’s NUBEFONE account. Peopletel retains all rights not conferred in the current Terms and Conditions.
4.1 Restrictions. The Costumer is not allowed to and accepts to not do the following: (a) Sublicense, sell, transfer, rent, export, import, distribute, transfer, or give any right to a third party. (b) Perform, cause, allow, authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompile, disassembled, decoding, emulation, discovery or attempt to discover the source code or software protocols related to the App or any of the parts or characteristics. (c) Remove, hide, or alter any notice of intellectual property right and all other notices of property included in the App Software. (d) Neither use the App Software nor make the App Software, or any of its parts, to be used inside commercial services or products, or use it in order to provide those services or products to third parties. This doesn’t prevent the use of the NUBEFONE App for personal and/or business communications. (e) The use of the NUBEFONE App without a user account except on the download and installation.
5.-USE OF THE NUBEFONE APP, THE SERVICE AND THE WEB SERVICES.
Peopletel must commence the provision of the Service within 24 hours from the hour of activation and the rollout of the NUBEFONE App in the Smartphone of the Costumer.
5.1 Cell phone. The Costumer needs a type mobile “Smartphone” with Internet connection in order to be able to use the NUBEFONE App and the Service. It is the costumer’s responsibility to have a type mobile “Smartphone” with Internet service and to allow communications across phone calls.
If it deems it appropriate, Peopletel will inform about the compatible phones (brands and/or models) via the website www.nubefone.com Different phones from the accepted by the App can’t be used. Different phones from the accepted ones are excluded from the use of the NUBEFONE App and the Service. If a phone is not accepted, it can’t be reason for a claim by any Costumer or user.
5.2 NUBEFONE App Updates. Peopletel can automatically check the version of the App. You may be asked to accept an updated version of these Terms and Conditions in order to either download or take advantage of all the Updates. Peopletel is not required to provide any Update. However Peopletel can ask to download and install Updates. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. The Costumer accepts those Updates from Peopletel in order to continue using the NUBEFONE App and its phone calls Service, and accepts the Updates subject to the Terms and Conditions in effect at that time.
5.3 Suspension, technical improvement and maintenance. From time to time, Peopletell may need to perform maintenance or to update the NUBEFONE App and the phone calls Service, and/or the Website services. This may require Peopletel to temporarily suspend the use of the App, the phone calls Service and/or the Website services until such time as the maintenance or update can be completed. No one will be entitled to claim damages for such suspension or limitation or use.
5.4. No access to Emergency Services. Neither the NUBEFONE App nor the phone calls Service carry any emergency call to any hospital, law enforcement agencies, medical care unit, or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”). The Costumer acknowledges and accepts that: (i) Peopletel fundamentally provides phone service to international calls; (ii) Peopletel, over the phone calls service through the NUBEFONE App, is not required to offer access to Emergency Services under any applicable federal state or local law or regulation; (iii) The Costumer may and it is his responsibility to purchase mobile phone services that offer access to Emergency Services; and (iv) the NUBEFONE Service is not a replacement for your primary telephone service that must be on the same cellphone.
5.5 Content of Comunications. Even if it is a “callback” communication service, the call is made at the request of the Costumer of the App and the NUBEFONE phone call Service, without interfere in the phone call requested by the Costumer. Peopletel doesn’t verify or endorse and takes no responsibility for the content of communications made using the NUBEFONE App. The Costumer is fully responsible for all the content of communications. Therefore, the Costumer may be exposed to content that is offensive, illegal, harmful to minors, obscene, indecent, or objectionable. Intellectual property rights may protect the content of communications. The Costumer is fully responsible for both the content of communications and the one accessed through the NUBEFONE App. In particular the Costumer is responsible for what he talks (i) either it’s false or willful misconduct; (ii) either it’s offensive, illegal, harmful to minors, obscene, slanderous, injurious, threatening, pornographic, stalker, aggressive, or ethnically offensive or racist; or it incites to a conduct that would be considered a criminal offence, give rise to a criminal liability, otherwise violate any law; (iii) either it’s advertising or provision of services; (iv) it tries to impersonate the identity of others. If the Costumer violates these Terms of Conditions, Nubefone LCC can block and remove the user immediately without prior communication, liquidating all the pending outstanding quantities of the user.
5.6 Roaming, Network Coverage, and Quality of Service. The Costumer agrees that that the Service of the NUBEFONE App can be offered along with the Roaming service provided by the telephone company that provides the phones call and/or data access of the SIM card of the cellphone outside the territory corresponding to the phone number used for the phone services of the NUBEFONE App. The Costumer is fully responsible for the charges that the telephone can charge for the Roaming service.
The Service network coverage of the NUBEFONE App would be the same that the telephone company provides. Peopletel doesn’t warrant that the phone calls through the NUBEFONE App will be uninterrupted, error free, and without delays. A wide range of elements can affect the quality of the communication and can lead to possible communication failure. Among another elements, and only as way of example: the mobile network, the Internet service provider, the public switched telephoned network and the power source, etc. Peopletel will not be responsible neither for any difficulty nor interruption nor delay caused by errors or failure of any of those problems or any problem over which Peopletel has any control.
5.7 Changes to Services. Peopletel is constantly improving the App and the phone services offered through the App so occasionally technical requirement changes might be needed. As a result of such changes, the user acknowledges and agrees that the NUBEFONE App and the Service might need periodical changes. If you do not agree with any changes made you may terminate your relationship with Peopletel in accordance with these Terms and Conditions. The Costumer may need to update to a new version in order to enjoy the benefit of certain services or complements. In addition, the Costumer acknowledges and agrees that certain Services, including phone calls, may be subject to usage limits or geographical restrictions, which may vary from time to time.
5.8 Contact with Peopletel and Complaints. Peopletel can be contacted and suggestions can be submitted through the web www.nubefone.com.
The Costumer must submit a complaint within one month of knowledge of the motif by mail to email@example.com.
Unless proven otherwise, the Costumer gives full validity to the records of the communications between Peopletel and the Costumer stored on the Peopletel’s systems.
5.9 Utilization of the user account and the App. The Costumer can only use the NUBEFONE App, the phone Service through NUBEFONE, and his/her user account from his/her own phone number and not from a different from the one used to sign up.
6.-OBLIGATIONS OF THE USER.
6.1 User Account. The Costumer will be asked to create a User Account providing the email, the telephone, which will use the Service, and a password in order to sign up for the use of the App and the Service. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. The User Account and phone number provided in order to sign up can only use the App and the Service.
The Costumer is solely responsible and liable for all the activities conducted through his/her User Account. The Costumer is responsible for the custody, diligent use and maintenance of confidentiality of the passwords and/or access codes. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. Peopletel takes no responsibility for your failure to comply with the obligations in this paragraph.
6.2 Fulfillment of the Contract and Lawful Use. You must use the App and the Service in accordance with the laws where you are located. It is your responsibility to ensure that you are legally allowed to use the NUBEFONE App.
The Costumer shall (i) lawfully use the Service without harming third parties’ rights, (ii) neither make a profit of using the Service in a different way than the one shown in this Contract nor use the condition of Costumer for a business, professional, or economic activity which aim would be either resell the Service provided by Peopletel or operate the Service for other purposes in any form.
Failure to comply the above-mentioned obligations implies the automatic termination of the Contract.
6.3 No Reselling. The App and the phone calls Service are for your individual use only. The User shall not resell or commercialize the Service to any third party.
The NUBEFONE App, the NUBEFONE’s calling system and the NUBEFONE website contain proprietary and confidential information that is protected by intellectual property laws and treaties.
7.1 Peopletel retain exclusive ownership of the NUBEFONE App, the phone calls service through the NUBEFONE App and NUBEFONE website services and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with NUBEFONE’s intellectual and/or industrial rights.
7.2. “NUBEFONE”, associated trademarks and logos and the logo are trademarks of Peopletel. NUBEFONE’s trademarks and trade dress may not be used in connection with any product or service that is not Peopletel’s, in any manner that is likely to cause confusion among costumers, or in any manner that discredits or disparages Peopletel. All other trademarks not owned by Peopletel or any of its related companies that appear on this site are the property of their respective owners. The Costumer is not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporate any of Peopletel’s intellectual property (in whole or part) or that is similar thereto.
Calling landlines and mobiles. The charges payable for calling phones, either mobiles or landlines, may consist of a connection fee (charged once per call when it starts) and a per-minute or per-second rate (depending on the destination). The rates are shown in the App. In principle, the calls with a rate equal or higher to 15 cents would be billed per-second, the rest of the calls would be billed per-minute.
8.1 Premium rate numbers. The charges payable for calling premium rate numbers consist of a per-second or per-minute rate (in principle, the calls with a rate equal or higher to 15 cents would be billed per-second, the rest of the calls would be billed per-minute). Connection fee is payable. The App can be checked in order to know if it is possible to call to those phone numbers. Premium rate numbers would be shown with a * in the rate.
8.2 Changes in the rates. Peopletel may change the rate for calling landline or mobiles, and premium rate numbers at any time without notice to you. The new rate will apply to your next call after the new rates have been published.
All the rates are shown in the App at the time prior to starting the call. The Costumer must check the rate applicable to that call before starting it. If the Costumer does not accept that rate, then it should not start the call.
8.3 Duration of the calls. The duration of a call shall be estimated in seconds or minutes depending on whether the applicable rate is per-second or per-minute. If there were a connection fee, then it would be charged once the call starts.
8.4 Taxes. Peopletell would charge (with the calling rates) the corresponding rates according to the applicable regulations in every moment and situation.
8.5 Third-Party Charges. Roaming. The Costumer AGREES that a Roaming fee could be charged by the phone and/or data company if the NUBEFONE App is used out-of-country. The Costumer is solely responsible for keeping his/her self informed and paying for possible Roaming and other applicable charges levied by his/her mobile network operator (see the 5.6 condition).
The prepaid payment method is the general method. The Costumer would top up the NUBEFONE App balance before using it in order to make calls. Without balance the App cannot work.
9.1 Payment Method. The general payment method is the prepaid one, according to the App and the payment site.
Only Peopletel may invite clients to the post-paid method, using a credit card, direct debit, invoices, and etc. Depending on the type of and the Costumer’s country of residence. Peoplecal only accepts the payment methods shown in the NUBEFONE App.
9.2 Payment Security. We guarantee the security of your card data at all times thanks to our secure server. Peopletel assures the protection of the data and that the payments are secure. Peopletel use very advanced technology in order to keep the high security standards of our platform. Our secure server (SSL) encrypts the facilitated information.
9.3 Frequency of Payments. If the payment method were the post-paid one with credit or debit card, your credit/debit card would be charged when the consumption is around $15. This quantity would change according to solvency of the Costumer. In any case and regardless of the consumption, Peopletel will monthly charge your card. If the $15 consumption were surpassed several times, then Peopletel would charge as many times as needed.
Peopletel would advance the charge of the amounts accrued in the following situations: (i) The Costumer surpassed the consumption limit of $15, (ii) When there were a cancellation of service, (iii) Before the expiration date of the credit/debit card chosen as method of payment, (iv) The Costumer erased the method of payment but it does not specify another card, (v) When the Costumer unsubscribed to the App, although the charge is done after this, (vi) In case of default or default risk, and in case of fraud.
9.4 Card activation, modification, or removal. NUBEFONE users may activate, change, or remove a card as method of payment using the App. However, if the Costumer chose the post-paid method, he/she wouldn’t be allowed to make calls using the NUBEFONE App until a valid is provided.
9.5 Authorization. When the Costumer of the NUBEFONE App chose the post-payment method, The Costumer authorizes Peopletel to charge him/her card whenever is needed in order to pay the phone calls made.
The Costumer also authorize Peopletel to charge in any of the situations describe in the 9.3 section, even if it supposes another charge during the same month.
The Costumer explicitly agrees the issue of the invoice for the payment by the web www.nubefone.com if needed. The Costumer must download the invoice, bill, or receipt directly from the website referred to above.
9.6. Non-payments. If the Costumer doesn’t pay to Peopletel for the use of the NUBEFONE Service, Peopletel will automatically block the Costumer’s User Account, without being able to make phone calls using the NUBEFONE App, until Peopletel becomes aware of the payment and there is no debt. If the debt is not paid before the expiration date, a late interest at 3% per annum would be charged on the amount due. In addition the Costumer shall pay the expenses arising from the non-payment without prejudice to the other consequences due to the failure, including the data in a file relating to financial solvency and creditworthiness. Peopletel can use, with the Costumer’s authorization, any credit/debit card provided by the Costumer as method of payment.
It is completely forbidden to sign up with a phone number or credit/debit card that has outstanding debts towards Peopletel.
Peopletel reserves the right not to accept a prospective Costumer (individuals and corporations, being natural or artificial persons), if there are doubts about his/her credit worthiness or there is missing information about it.
10.-ENDING YOUR RELATIONSHIP WITH NUBEFONE
The Costumer may terminate the relationship with Peopletel at any time by requesting closure of the User Account of the App and ceasing to make phone call using the NUBEFONE App. The termination of the relationship shall be effective from the date of payment of all the phone calls made using the NUBEFONE App.
10.1 Peopletel may terminate its relationship with the Costumer, or may terminate or suspend the use of the NUBEFONE App and the phone calls through it: (a) if the Costumer is in breach of these Terms; (b) if Peopletel reasonably suspects that the Costumer is using the App and the phone calls to break the law; (c) if Peopletel reasonably suspects that the Costumer is using the App and the phone call fraudulently or that the User Account is being used by a third party fraudulently; (d) on fifteen (15) days’ notice if Peopletel decide to cease offering the Service; (e) immediately, if required due to a change of laws/regulation or where required by a regulator or authority with a lawful mandate.
10.2 Peopletel shall effect such termination by preventing making calls through the App.
Peopletel reserves the right to cancel User Accounts that have been inactive for more that one (1) year.
11.-LIMITATION OF LIABILITY AND INDEMNITY.
Peopletel cannot guarantee, as just explained above, that the NUBEFONE App and the phone calls Service works without interruptions, errors or delays. Many factors may affect the operation and quality of the Service, causing the failure of the communications. The Costumer acknowledges and agrees that Service needs the existence of a mobile phone and data operator in the phone. This situation makes impossible to guarantee an independent service of the operator’s activity and so Peopletel cannot accept responsibility for the Service.
Consequently, the Costumer acknowledges and agrees that Peopletel will have no liability whatsoever, whether in contract, tort (including negligence), or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to NUBEFONE, in connection with or arising from the use of the NUBEFONE App and the Service. The Costumer’s only right or remedy with respect to any problems or dissatisfaction with the App and the Service is to immediately uninstall the App and cease use of the Service.
Peopletel shall not be liable to the Costumer for: (a) any damage or corruption of data (whether indirect or direct); (b) any loss of incime, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); (c) any claim, damage or loss (whether direct or indirect) arising from or relating to: (i) your inability to use the NUBEFONE App or the Service in order to communicate to Emergency Services; (ii) failure to make additional arrangements to access Emergency Services in accordance with paragraphs above.
11.1 Limitation of the monetary amount of liability. In case of any exclusive liability of Peopletel, the Costumer has the right to compensation equal to the average amount paid by the Costumer using the calls Service during the three (3) months previous to the interruption, prorated by the duration of the interruption. If the Costumer has been using NUBEFONE App for less than three months, the average amount paid during a month would be considered. The compensation is subject to a maximum of $/€1000. Peopletel shall pay that amount to the balance of the User Account of the NUBEFONE App within a month when the interruption of the Service involves the right to compensation higher than one (1) dollar/euro.
Any monetary compensation shall be paid as a recharge of the Costumer’s balance of the User Account of the NUBEFONE App.
11.2 Third party liability. When a third party submits a complaint related to (i) failure of these Terms by the Costumer, (ii) breach of any current law or regulation by the Costumer (or any resulting), the Costumer shall compensate and exonerate Peopletel from any damage, liability, loss, charge and cost (including any cost and fee to lawyers, counsels and any cost that would appear during any legal proceeding).
12.-DATA PROTECTION DECLARATION, CONFIRMITY AND OPPOSITION.
The Costumer agrees trough the NUBEFONE App to the collection, storage and processing of the personal data.
The Costumer consents that Peopletel processes the personal data in order to: (i) to carry out general commercial activity, or adapted to your profile, about the telecommunications services provided by Peopletel, Group companies or third parties involved in the provision of those services, during and following the period of the contract.
The above commercial actions shall be made using any means of communication (e.g. phone, email, SMS, MMS, etc.); (ii) install and update any app corresponding to any value-added telecommunication service allocated in the NUBEFONE App and provided by Peopletel, Group companies or third parties involved in the provision of those services.
Additionally, the Costumer expressly gives its consent to Peopletel to:
a) Process his/her traffic and billing data in accordance with the applicable regulations.
b) Process his/her localization data in the context of the provision of value-added services that involved that localization as long as these services are requested by the Costumer and only during the time required to provide him/her those services.
c) Transfer his/her personal data to other companies of the Group to the purpose of setting up commercial activities according to the above (i) section.
The Costumer agrees that Peopletel may use the operating data for advertising or market research purposes or configuring the telematic services according to the need for elaborating user profiles anonymously. There is the possibility of objecting to the operating data processing at any time. Under no circumstances, the user profiles must be related to the corresponding data.
The Costumer agrees that his/her data may be communicated to his/her corresponding contractual party in order to fulfill the contract or, in case, claim his/her rights. Data can only be transferred to other people within the context of legal regulations.
If a wider use of the personal data is needed, in order to design the content or modify the contractual relationship (portfolio data) for advertising purposes, market research or elaboration of offers according to the needs, then it shall require explicit consent. The Costumer shall have the possibility to provide that consent prior to registration. That declaration is voluntary and it may be revoked at any time.
If more information is needed, or you want to revoke the consent provided for the use of the portfolio or operating data, please contact us at firstname.lastname@example.org and/or postal address of Peopletel.
The Costumer may revoke all the consents specified on this Condition by writing to email@example.com and/or to the postal address of Peopletel with the subject “Data Protection”.
It is not possible to be a Peopletel costumer, and hence to have the right to use the phone calls Service offered through the NUBEFONE App, without the acceptance and/or authorization for processing the data requested by the App.
The Costumer may exercise your rights of access, rectification and opposition recognized on the applicable regulations by addressing to Peopletel using any of the above describe methods.
13.-HOW TO CONTACT PEOPLETEL.
To contact Peopletel in relation to the NUBEFONE App or the phone call offered by the App, please send a mail to firstname.lastname@example.org or in the App using the indicated section.
14.1 The costumer or uses agrees to the use of electronic communication in order to enter into contracts, and other communications with Peopletel, as well as to the electronic delivery of notices, policies and changes thereto.
14.2 These Terms constitute the entire agreement between the Costumer and Peopletel with respect to the download and use of the NUBEFONE App as well as calling using the App.
14.3 If any provision of these Terms (or part of it) is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
14.4 The failure by Nubefone to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Peopletel’s right or remedy. If Peopletel waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
14.5 The Costumer may not assign these Terms or any rights or obligations contained in them. Peopletel may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
14.6 The Costumer acknowledges and agrees that if Peopletel is unable to provide the NUBEFONE App, the phone call Service of the App and/or the website services as a result of a force majeure event, Peopletel will not be in breach of any of its obligations towards you under these Terms.
14.7 These Terms replace any previous general conditions that differ in its content and/or obligations, which shall remain ineffective.
14.8 These Terms shall be governed and interpreted in accordance with the laws of the Kingdom of Spain and the parties expressly submit to the jurisdiction and competence of the Courts of Madrid (Spain).
THE COSTUMER EXPRESSLY ACKNOWLEDGES THAT YOU HAVE READ THESE TERMS AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. THE COSTUMER EXPRESSLY CONSENTS TO BE BOUND BY THESE TERMS AND CONDITIONS AND GRANT TO PEOPLETEL THE RIGHTS SET FORTH HEREIN.