Vyke.com terms and conditions
These are the terms and conditions of use of all Vyke products, applications or services belonging to Vyke and its subsidiaries (hereafter referred to as “Vyke” or “we”). Vyke is a group of companies whose parent company is Vyke AS, a company registered in Norway, registered number 982 306 604 and having its registered address at P.O. Box 1428 Vika, 0115 Oslo, Norway.
Failure for a product, application or service to be listed on the above website does not constitute a failure of these terms to apply to that product, application or service. These Vyke Terms and Conditions will continue in force as applicable to all products, applications or services, past, present and future, until such time as explicitly stated in writing and published to www.vyke.com that a product, application or service is no longer bound by these Terms and Conditions.
The relationship between you and Vyke shall be governed by the laws of the Kingdom of Norway without regard to its conflict of law provisions. You and Vyke agree to submit to the personal and exclusive jurisdiction of the courts located within Norway. The failure of Vyke to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this license remain in full force and effect.
You agree that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to the use of Vyke’s products, applications or services or these terms and conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
DESCRIPTION OF PRODUCTS, APPLICATIONS AND SERVICES
Vyke products, applications and services provide you with the capability to send and receive electronic messages, voice messages, make local, distance or international phone calls. It does not provide you with the ability to make emergency service calls. In order to use these products, applications or services, you must:
- Provide your own access to the World Wide Web and pay any service fees associated with such access, and
- Provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, modem and/or mobile device and data transfer access as relevant. You acknowledge and understand that while Vyke may do so, Vyke is not obliged to provide assistance, including any technical or customer support, to you, and that your use of these products, applications, services or support is of your own volition and at your own risk.
YOUR GENERAL OBLIGATIONS
- You agree to provide, or you acknowledge that you have provided, true and correct information about yourself when registering for a Vyke account.
- You agree to comply with all requirements, procedures, policies and regulations of networks connected to Vyke;
- You agree to comply with all applicable laws regarding the transmission of data exported from the United States.
- You agree not to use any Vyke products, applications or services for illegal purposes or for the transmission of any communication that is unlawful, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe upon the intellectual property or other rights of another, or there use and enjoyment of any Vyke product, application or service.
- You agree not to transmit any material that violates any applicable local, state, national, or international law or regulation;
- You agree to be solely responsible for the contents of User’s transmissions through the Vyke services.
- You agree not to interfere with or disrupt any Vyke services or servers or networks connected to Vyke.
- You agree not to attempt to gain unauthorised access to other computer systems or networks connected to Vyke services.
- You agree not to impersonate or create a false identity of any person, including but not limited to, a Vyke official, forum leader, guide or host
- You agree not to use any Vyke products, applications or services for the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of messages or calls in any fashion or form or use any Vyke products, applications or services to collect or harvest personal information about other Vyke users.
- Please report any violations of these Terms and Conditions or concerns with our products, applications or services to firstname.lastname@example.org
YOUR VYKE ACCOUNT – BILLING, RATES, ROAMING AND REFUNDS
In consideration of use of Vyke, you agree:
- To be solely responsible for any and all charges incurred due to your use of an access number, local or otherwise.
- To be solely responsible for any and all charges incurred by use of any wireless device including, but not limited to, a cellular or mobile phone.
- To be solely responsible for all billing transactions. Billing transactions include sign-up transactions (purchases at the time of sign-up) and purchase transactions (purchases which are made after sign-up) You may pay for all such transactions via a credit card and/or debit card and other payment methods as specified on the purchasing pages of www.vyke.com
- That all purchases made in a currency other than US Dollars will be converted to US dollars at an exchange rate to be determined by Vyke. Vyke accounts are held in US dollars, regardless of purchase currency and any display of your Vyke credit in a currency other than US Dollars is an approximation only. An accurate accounting of your Vyke Credit may be obtained at any time by choosing US dollars when selecting the currency to display on your Vyke Dashboard.
- That SMS billing will be deducted from your Vyke credit at the nominated rate per SMS.
- That you will be charged in 60 second blocks for any connected calls made using a Vyke product, application or service. Charges per call or SMS are rounded up to two decimal points of a US Dollar.
- That you are solely responsible for any roaming charges incurred as a result of using VykeMobile device services. This is particularly relevant to Vyke Callback, Call@ and Callthrough services.
- That your Vyke account has a 12-month expiration period. This expiration date will be extended for another 12 month period for each successful recharge so that the actual expiration date will always be 12 months from the date of the most recent successful recharge.
- That your Vyke Account and your Vyke PIN (representing the amount of prepaid service you have purchased at any given time) are separate and distinct entities and that your PIN value may expire prior to the expiry of your Vyke Account. Vyke reserves the right to modify its PIN expiry policy at any time without notice.
- That Vyke has the sole discretion to determine whether to grant any other extension request. All extensions will be confirmed via e-mail. Vyke is not obligated to refund any remaining balance left in your Vyke account as of the date it expires.
- That Vyke reserves the right to deactivate your account and remove all other features and services if the account balance remains zero or negative for a period of ninety (90) days or more.
- Not to resell Vyke products, applications or services or use of or access to the same unless otherwise permitted by Vyke. Any person or entity that resells any products, applications and/or services owned by Vyke without the express permission of Vyke may be subject to civil and/or criminal penalty as prescribed by law.
- THAT ANY AND ALL TERMS HEREIN, INCLUDING WITHOUT LIMITATION, CALLING RATES OR PLANS, CAN BE CHANGED OR OTHERWISE MODIFIED BY VYKE WITHOUT ANY FURTHER NOTICE WHATSOEVER.
- You agree that all SALES ARE FINAL. Vyke will not issue a refund of any purchase except where required by law or in the event of an extended system wide outage of Service encompassing all of the following: local access, toll-free access, domestic termination, and international termination, or other system failures as determined by Vyke at its sole discretion.
- Only some designated countries may receive the free trial credit on sign up. If you are based in one of these countries eligible for free credit, log in to your Vyke account and at the top of the page you will see: ‘Didn’t receive your code? Send again’. Press ‘Send again’, complete the security check and press ‘Send message’. Vyke reserves the right to withdraw or amend this promotion at any time without prior warning. Any unused free credit will be removed from the accounts after two weeks.
- When using the UK access number starting with 0808 an additional charge of 5¢ per minute is added to your call charge.
YOUR VYKE ACCOUNT – IDENTITY, PASSWORDS, AND SECURITY
In consideration of use of Vyke, you agree:
- To provide true, accurate, current and complete information about yourself as prompted by the Customer Registration form, and
- To maintain and update this information to keep it true, accurate, current and complete. Information about a User shall be referred to as “User Data.” If any information provided by you is untrue, inaccurate, not current or incomplete, Vyke has the right to terminate your account and refuse any and all current or future use any Vyke product, application or service.
- You will receive a password and account designation upon completing the customer registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur in relation to it.
- To immediately notify Vyke at email@example.com of any unauthorized use of your password or account or any other breach of security. In the event of unauthorized use of your credit card, you agree to notify both Vyke and your credit card provider immediately
YOUR VYKE ACCOUNT – TERMINATION AND BREACHES
- You agree that Vyke may in its sole discretion terminate your Vyke account if it believes you have in any way violated these Terms and Conditions, any relevant Vyke End User License Agreement or our Privacy Statement.
- You agree that Vyke may in its sole discretion report you to any local, state or federal authority or agency if you violate any of these Terms and Conditions, any relevant Vyke End User License Agreement or our Privacy Statement.
- You agree that Vyke may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if you violate any of these Terms and Conditions, any relevant Vyke End User License Agreement or our Privacy Statement.
- You agree that Vyke may terminate your Vyke account or any of Vyke’s products, applications or services if Vyke believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or that you have violated the rights of Vyke or other users or parties.
INVITE A FRIEND CREDIT BONUS. ELIGIBILITY AND OFFER PERIOD
- If you have an existing vyke account, and have made a payment, you can earn free credit with the ‘Invite a friend’ offer.
- You may refer friends online at www.vyke.com by accessing your account and clicking the tab ‘My Friends’.
- You will be eligible for the ‘Invite a friend’ Credit Bonus for any friend you refer who registers within 30 days of your referral and who subsequently purchases Vyke credit and makes a call/SMS.
- Please note that your referred friends must use a credit/debit card, PayPal or CashU account that is different from one you have used on your account for you to be eligible for a ‘Invite a friend’ Bonus.
- For each referral that meets these requirements, you will receive a ‘Invite a friend’ Credit Bonus 7 working days after the successful purchase has been confirmed by Vyke.
- Vyke reserves the right to refuse award of ‘Invite a friend’ Credit bonuses where a new customer has made a fraudulent transaction. Vyke reserves the right to claim back ‘Invite a friend’ Credit bonuses where such Referral Credit bonuses have originated through fraudulent transactions.
- The ‘Invite a friend’ promotion is intended to promote Vyke to new customers and reward customers who spread the Vyke message. Any misuse or abuse of the promotional campaign may result in suspension of your service without warning or refund.
- No refund of the first payment amount is possible.
- The offer is not valid to existing users who cancel their accounts and sign up again.
- The offer cannot be combined with other promotional offers or coupons.
SEND CREDITS TO A VYKE FRIEND
- The sender Vyke account must have enough available balance.
- The sender Vyke user can transfer up to the total of the remaining balance in his/her Vyke account.
- The recipient of the Vyke credits must have an existing Vyke account.
- If the sender Vyke account is put on hold for security reasons, the recepient account will also put on hold temporarily and the credits received will be unavailable until the sender account is re-activated.
- The amount transferred is not refundable to the sender’s account.
- The daily transfers allowances can be modified by Vyke without previous notice.
- The ‘Send credits to a friend’ feature is only available from your Vyke account online.
VYKE RESELLER OBLIGATIONS
In consideration of using the Vyke Reseller Services, you agree to the following:
- You agree to provide true, accurate, current and complete information about yourself as prompted by the registration forms.
- You agree not to use the account solely for your own personal purposes.
- You agree to increase the number of new paying customers on a monthly basis.
- You agree to communicate reasonable and tangible reasons to Vyke when requested.
- You agree to accept that your bonus and rebates are subject to review by Vyke and can be amended without notice by Vyke.
- You agree to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Vyke retains the right to terminate your account and refuse any and all current or future use of the Services.
- Vyke may, in its sole discretion and at any time, modify and/or discontinue Vyke, and/or limit, terminate or suspend your use of or access to Vyke, and/or make changes to this Agreement. Your right of access and use of the Website shall not be deemed as a waiver of any of Vyke rights hereto nor shall it be deemed as a grant of any rights to any of the information, intellectual property or other matters described or set forth herein.
EMERGENCY SERVICES CALLS
YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND THAT NEITHER VYKE NOR ANY OF OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS. ADDITIONALLY, YOU EXPRESSLY ACKNOWLEDGE THAT THE SOFTWARE AND/OR SERVICES WILL CEASE TO FUNCTION DURING A POWER FAILURE AND/OR DISRUPTION TO YOUR INTERNET CONNECTION. YOU WILL NOT BE ABLE TO USE THE SOFTWARE NOR SERVICES TO DIAL ANY PHONE NUMBER INCLUDING EMERGENCY SERVICES.
VYKE RECOMMENDS THAT YOU MAINTAIN A CONVENTIONAL FIXED LINE TELEPHONY SUBSCRIPTION TO ASSURE THAT YOU HAVE CONTINUAL ACCESS TO EMERGENCY SERVICES.
Vyke considers any and all messages transmitted via the Vyke products, applications or services to be private communications between you and the recipient. Vyke will not monitor, edit or disclose the content of your private communications, except that you agree that Vyke may do so:
- as required by law;
- to comply with legal process;
- is necessary to enforce this license;
- to respond to claims that the communicator violated the rights of third-parties; or
- to protect the rights or property of Vyke or others.
You acknowledge, understand and agree that Vyke may in its sole discretion report you to any local, state or federal authority or agency if you violate any of these Terms and Conditions, any relevant Vyke End User License Agreement or our Privacy Statement
You acknowledge, understand and agree that Vyke may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if you violate any of these Terms and Conditions, any relevant Vyke End User License Agreement or our Privacy Statement
You acknowledge, understand and agree that Vyke does not endorse the content of your communications and Vyke is not responsible or liable for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.
Vyke may disclose User Data to carefully screened companies that may offer you products and services. Vyke will not disclose billing information or account access information except as authorized by you or your representative or as required by law or legal process, or as set forth above. If you prefer not to receive any offers of information, please inform firstname.lastname@example.org.
ADVERTISING, EXTERNAL WEBSITES AND THIRD PARTIES
Your correspondence with or participation in any promotion of advertisers found on the Vyke service, including payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree not to hold Vyke liable for any loss or damage of any kind incurred as the result of any such dealing with any advertisers or as the result of the presence of such advertisers.
If you intend to receive or request any news, messages, alerts or other information from or via Vyke products, applications or services concerning companies, stock quotes, investments, securities, or other financial information, please be aware that particularly for this type of information, the watchword should be “Let the investor beware.” The content and material contained in messages of any kind are provided for informational purposes only and are not intended for trading purposes. You expressly agree that Vyke shall not be responsible for the content or accuracy of any information transmitted via Vyke’s products, applications or services and that Vyke shall not be responsible for any trading or investment decisions made based on such information.
DISCLAIMER OF WARRANTIES
You expressly agree that use of Vyke’s products, applications or services is at your own risk.
Vyke’s products, applications or services are provided on an “AS IS” and “AS AVAILABLE” basis.
Vyke expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Vyke makes no warranty that Vyke’s products, applications or services will meet your requirements, that the Vyke service will be uninterrupted, timely, secure, or error free; nor does Vyke make any warranty as to the results that may be obtained from the use of Vyke’s products, applications or services or as to the accuracy or reliability of any information obtained through the use of Vyke’s products, applications or services or that defects in Vyke’s products, applications or services will be corrected. Neither Vyke nor any of Vyke’s information providers implied any warranties concerning the accuracy, correctness or reliability of the messages received or requested via the use of Vyke’s products, applications or services or any of the information, material or content contained therein (the “material”).
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Vyke’s products, applications or services is done at the your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Vyke makes no warranty and shall not be liable for any goods, services, information or other material displayed, purchased or obtained through or from Vyke’s products, applications or services or any transaction entered into through the service. Vyke shall not be liable for any delays, omissions or errors in the material and shall not be liable for any reliance thereon. No advice or information, whether oral or written, obtained by you from Vyke or through or from the use of Vyke’s products, applications or services shall create any warranty not expressly stated herein. Some jurisdictions no not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
You agree that Vyke shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use Vyke’s products, applications or services or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the use of Vyke’s products, applications or services or resulting from unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Vyke has been advised of the possibility of such damages. You further agree that Vyke shall not be liable for any damages arising from interruption, suspension or termination of Vyke’s products, applications or services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
Vyke expressly disclaims any and/or all liability for inbound mobile phone roaming charges, mobile data charges and/or other like or unlike third party charges related to the use of VykeMobile, Vyke Web Calling, Vyke SMS Calling, Vyke Callback and/or any other Vyke service from a mobile phone while it is roaming.
You hereby agrees to indemnify and hold Vyke, its subsidiaries, affiliates, officers, and employees, harmless from any claim or demands, including reasonable attorney’s fee, made by any third party because of or arising out of your use of Vyke’s products, applications or services, Your connection to Vyke’s products, applications or services, your violation of these Terms and Conditions, or your violation of any right of another.
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material of Vyke’s products, applications or services or that contained in sponsor advertisements or information presented to you through Vyke’s products, applications or services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only as expressly authorized by Vyke or the respective advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization.
You expressly agree that all intellectual property rights in Vyke’s products, applications or services, including but not limited to the Vyke’s website, any and/or all underlying systems, support platforms, ideas, business models and/or any other like or unlike items associated with Vyke shall inure to the sole benefit of Vyke. You further agree that you shall not reverse engineer, decompile and/or otherwise attempt to learn the underlying ideas, algorithms and/or any other such proprietary ideas, concepts, content and/or property nor shall you cause or permit any other Party to do same.
NOTIFICATIONS SENT TO CUSTOMERS
Any notice given to you, to the extent that Vyke determines in its sole discretion that such notice be disseminated, shall be made via voice mail, mobile messaging and/or electronic mail. You may also be notified of changes towww.vyke.com or other matters by displaying notices to you via Vyke products, applications or services. This may include a notification on your Vyke Dashboard or a general notification on the Vyke website found atwww.vyke.com.
MODIFICATION OF THESE TERMS AND CONDITIONS
Vyke may change these Terms and Conditions from time to time at its sole discretion. Any modification to the Terms of Service shall be deemed effective as of their posting on www.vyke.com. You expressly agree to be bound by any modified Terms and Conditions as contemplated herein.
ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONSVyke’s products, applications and services are owned by Vyke. They are provided to you under these Terms and Conditions and any amendments thereto as may be posted in accordance with this document from time to time. Any operating rules or policies for any type of product, application or service may be published from time to time by Vyke on our website at www.vyke.com.
BY REGISTERING FOR, DOWNLOADING IN PART OR IN WHOLE, OR USING ANY OF VYKE’S PRODUCTS, APPLICATIONS OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.