- https://www.unifonic.com/ and unifonic.cloud.com, and each electronic interface, electronic portal, cloud platforms, and application programming interfaces (together the Unifonic Platforms) are maintained and operated by Optimal Technology Solutions and its Affiliates (Unifonic) and enable voice, sms, and WhatsApp communication with end users and various other solutions and features as set out on www.unifonic.com or cloud.unifonic.com, regardless of whether such service is provided on a trial basis, as an alpha or beta trial/preview release, or otherwise provided free of charge.
- “You” or “your” means you, the user of one or more of the Unifonic Platforms, including but not limited to any legal entity with a contract of service with Unifonic for use and access one or more of the Unifonic Platforms.
- Access to and use of the Unifonic Platforms is subject to these terms and conditions (Terms). By accessing and using the Unifonic Platforms, you agree to be bound by these Terms, which Unifonic may amend at any time without notice.
- Use of the Unifonic Platforms
- In accessing or using the Unifonic Platforms you warrant that:
- without affecting your obligations under these Terms, you will comply with all applicable laws and regulations with respect to your activities while using the Unifonic Platform, as well as your access and use of the same;
- you will have full responsibility for the content, including the validity and accuracy of the information and content you upload to the Unifonic Platforms, and you acknowledge and agree that Unifonic is under no obligation to monitor or censor any such content or information;
- you are solely responsible for procuring, maintaining and securing your network connections and links from your systems to the Unifonic Platforms, and for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet;
- you will not distribute or transmit any material through your use of the Unifonic Platforms that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially, ethnically, or religiously offensive or otherwise against Shari’ah law or public policy;
- facilitates or incites illegal activity;
- depicts sexually motivated or explicit images;
- promotes or incites unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
- will infringe the copyright, trademark, or other Intellectual Property Rights of Unifonic or any other third-party whatsoever; or
- is otherwise illegal or causes damage or injury to any person (whether natural or legal) or property;
- you will not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Unifonic Platforms in any form or media or by any means;
- you will not attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Unifonic Platforms;
- you will not access all or any part of the Unifonic Platforms in order to build a product or service which competes with business of Unifonic and/or the Unifonic Platforms;
- not transfer, resell, lease, license, or otherwise make available the services provided through the Platform to any third parties or offer on a standalone basis; and
- you will not introduce or permit the introduction of, any Virus or Vulnerability into the Unifonic Platforms or Unifonics's network and information systems.
- Disclaimer and Liability
- To the maximum extent permitted by law, Unifonic does not warrant or represent:
- that the performance of the Unifonic Platforms will meet your requirements;
- that use or access to the Unifonic Platforms will be uninterrupted;
- that the Unifonic Platforms are free of any defects, Virus or Vulnerability; and/or
- the accuracy, reliability or completeness of any content on any Unifonic Platform.
- The Unifonic Platforms (including their content) are provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the suitability of accessing and using the Unifonic Platforms, and access and use the Unifonic Platforms at your own risk.
- The Unifonic Platforms may be modified without notice.
- Unifonic will have no responsibility or liability to you in relation to any loss or damage that you incur, including but not limited to damage to your software or hardware or loss of data, arising from your use of or access to the Unifonic Platforms, or the unavailability of the Unifonic Platforms.
- Unifonic reserves the right to restrict, suspend or terminate without notice your access to all or any of the Unifonic Platforms, any content, or any feature of any Unifonic Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
- Unifonic’s liability, for any breach of a term or condition of these Terms is limited at Unifonic’s discretion, to the supply of any service again or the payment of the value of the fees paid by the Customer, less all disbursements and costs to all third-party providers that were used in conjunction with delivering the service to you, including by not limited to fees charged by an operator or third-party service provider used in conjunction with delivering the service, as at the date of the event giving rise to the relevant claim of a breach of a term or condition of these Terms.
- Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under law that cannot be excluded.
- To the maximum extent permitted by law, in no circumstance will Unifonic be liable to you for any direct and indirect loss (including but not limited to loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any consequential loss or damage), damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Unifonic Platforms and/or the information or materials contained on the Unifonic Platforms, or as a result of the inaccessibility of the Unifonic Platforms and/or the fact that certain information or materials contained on the Unifonic Platforms are incorrect, incomplete or not up-to-date.
- You agree to indemnify Unifonic and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your breach of these Terms, access and/or use of the Unifonic Platforms, including but not limited to as a result of you submitting content to the Unifonic Platforms in any form.
- Linked Sites
- The Unifonic Platforms may contain links to other websites or be integrated with other platforms. These links and integrations are provided for convenience only and may not remain current or be maintained.
- Unless expressly stated otherwise, Unifonic does not endorse and is not responsible for the content on those linked websites and integrated platforms, and Unifonic has no control over or rights in those linked websites or integrated platforms.
- Unifonic does not warrant that functions contained in the Unifonic Platforms, such as links and integrations, will be uninterrupted or error free, that defects will be corrected or the server that makes it available, are free of Viruses or Vulnerabilities.
- Unifonic is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use or access of the Unifonic Platforms, a linked website, or integrated platform.
- Intellectual Property Rights
- Unifonic owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other Intellectual Property Rights) in the Unifonic Platforms and in all of the material (including all text, graphics, logos, audio and software) made available on and through the Unifonic Platforms (Content).
- Your access and use of the Unifonic Platforms and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Unifonic Platforms or the Content. However, Unifonic does grant to you a licence to access and use the Unifonic Platforms and view the Content during the term of any contract for services with Unifonic, and subject to these Terms and, where applicable, as expressly authorised by Unifonic and/or its third party licensors.
- Any reproduction or redistribution of the Unifonic Platforms or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
- All other use, copying or reproduction of the Unifonic Platforms, the Content or any part of it is prohibited, except to the extent permitted by law.
In these Terms:
- Affiliate means means, with respect to a specified legal entity or person:
- a person that directly or indirectly through one or more intermediaries, Controls, is Controlled by, or is under common Control with such legal entity or person;
- any trust or estate for which such first person serves as a trustee or executor or in a similar capacity (including any protector or settlor of a trust) or in which such first person has a substantial beneficial interest;
- any collective investment scheme or open or close ended investment company managed or operated directly or indirectly by that person; and
- if such first person is an individual, his spouse, father, mother, sister, brother, son, daughter, nephew, niece, grandson or granddaughter or any Affiliate of any of them.
- Control means with respect to any person, the possession directly or indirectly of the power to direct or cause the direction of the management of that person, whether by or through ownership of shares, securities, partnership or other ownership interests or membership interests, agreement or otherwise, provided that if one person owns, directly or indirectly, 50% or more of the share capital, voting securities, partnership or other ownership interests or membership interests of another person, such person shall be deemed to Control such other person and the terms Controlling, Controlled, Controlled by and under the common Control with shall be construed accordingly.
- Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world, including but not limited to all rights comprised in any copyright (including future copyright and rights in the nature of or analogous to copyright) patent, design, trade mark, circuit layout whether at common law or conferred by statute, whether or not now existing, and whether registered or registrable and including any rights to apply for registration, and rights to protect trade secrets, know-how, goodwill or confidential information for the full period of such rights and any renewals or extensions of those rights.
- Virus means any thing or device (including any software, code, file or programme) which may:
- prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device;
- prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or
- adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
- Vulnerability means a weakness in the computational logic (including but not limited to code) found in software and hardware components that when exploited, results in a negative impact to its confidentiality, integrity, or availability.
If any provision in these Terms is held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of these Terms. If it is not possible to delete or modify the provision, in whole or in part, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Terms and the legality, validity and enforceability of the remainder of these Terms shall not be affected.
- Governing Law and Jurisdiction
If you are in Saudi Arabia:
Your use of the Unifonic Platforms and these Terms are governed by the laws of the Kingdom of Saudi Arabia and you submit to the exclusive jurisdiction of the courts of Riyadh, Kingdom of Saudi Arabia.
If you are outside of Saudi Arabia:
Your use of the Unifonic Platforms and these Terms are governed by the laws of England and Wales and you submit to the non-exclusive jurisdiction of the courts of the Dubai International Financial Centre (DIFC). For disputes under AED1,000,000 in value, the DIFC Small Claims Tribunal shall have exclusive jurisdiction to hear such disputes.