Terms of Service
Licensed application and user license agreement
Euro.Soft srl, owner of oneTcall and oneTcall+ services (the terms “Euro.Soft” or “oneTcall” or “oneTcall+” or “we” or “us” or “our” or other similar pronouns used in the present license agreement shall be considered as equivalent) offers you (“you” or “your” or “user” or other similar terms used in the present license agreement shall be considered as equivalent) a calling service through oneTcall’s licensed software application (“Licensed Application”, “APP” or other similar terms used in the present license agreement shall be considered as equivalent) for mobile devices, available on oneTcall’s website at www.oneTcall.it (“Site”) or other third party websites.
Euro.Soft is a licensed company for the supply of electronic communication services; International patents cover the Service here proposed by Euro.Soft.
The Site, the APP and the various oneTcall services (including oneTcall+ service) offered by Euro.Soft may be collectively referred to in these terms as the “Service”. You declare to understand that, just like a regular mobile phone service, anyone with knowledge of your phone number may call you through our Licensed Application. Our APP is licensed to you for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of separated license agreement. We reserve all rights not expressly granted to you. This license is a binding legal document between Euro.Soft srl and you and explains your rights and obligations as a user of the Service.
NO ACCESS TO EMERGENCY SERVICES: oneTcall and oneTcall+ are not a replacement for your ordinary mobile or fixed telephone line and they don’t not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
CHECK RESTRICTIONS ON USE: In some countries, there are restrictions on the use of the Licensed Application. It is your responsibility to ensure that you are legally allowed to use oneTcall on where you are located.
1. Scope of License
This License is a limited, non-exclusive, non-transferable, non-sub-licensable, license to use the APP on any mobile device that you own or control. You may not distribute or make the APP available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the APP. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the APP, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the APP, if any). In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Consent to Use of Data
At the first access to the oneTcall application and/or at the web registration in www.onetcall.it web site, specific information for the acceptance of the license and consent to use your personal data will be submitted.
3. Changes to this License
Euro.Soft may make changes to the terms of this License from time to time. Euro.Soft will publish the changes in terms and conditions area at www.onetcall.it web site. The changes will be effective when published. Please review this License on a regular basis. You understand and agree that your acceptance of the terms of this License or your use of the Service after the date of publication of varied terms, shall constitute your agreement to the updated terms. If you do not agree with the amended terms, you may terminate your relationship with Euro.Soft in accordance with paragraph 4 below.
Euro.Soft has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
4.2 In addition, Euro.Soft has the right to terminate its relationship with you, or may terminate or suspend your use of the Service at any time:
4.2.1 if you are in breach of the terms of this License;
4.2.2 if Euro.Soft reasonably suspects that you are using the Service to break the law or infringe third party rights;
4.2.3 if Euro.Soft reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
4.2.4 if Euro.Soft reasonably suspects that you are using any of our products fraudulently or that your “User Account” is being used by a third party fraudulently;
4.2.5 if you have purchased ” oneTcall packet” (as defined below) from an unauthorized reseller;
4.2.6 immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of Euro.Soft ‘s partners;
4.3 Euro.Soft shall effect such termination by preventing your access to the oneTcall Service, where applicable. We reserve the right to cancel the User Accounts that have been inactive for more than one (1) year.
5. The Service
5.1 oneTcall is a Voice over IP (VoIP) service in charge to offer you the opportunity to call telephone users around the world at the rates referred in paragraph 10. All the phone calls managed by oneTcall service must be dialed prefixing international reference of the destination party in the form “+xx” or “00xx”.
Euro.Soft reserves the right, without impact on the service and users’privacy, to internally manage the VoIP traffics (or part of them) with proper telephone switching platform or to externally sub-supply the VoIP traffic management (through proper business agreements with licensed qualified international VoIP Services providers), reselling to you the traffic.
5.2 oneTcall is a Voice over IP (VoIP) service able to provide you voice standard telephone service via wi-fi. oneTcall, through specific process protect by international patents, can provide also the value added services to be reachable at your phone number, when you are located in areas outside the standard cellular radio coverage.
This process uses call forwarding functionalities as well defined in cellular network.
oneTcall application is in charge to setting up and deleting (or suggest you proper activities to do these) the necessary call forwarding service in your device, as soon proper cellular network resources are available.
5.3 The correct use of call forwarding functions is strictly related to the availability of this feature in the cellular network of your own SIM provider. Euro.Soft declines each responsibility regarding your successful access to the call forwarding feature.
5.4 The cost of call forwarding feature is dependent on the contract with your own SIM provider and it is out of oneTcall control and management. Accepting the oneTcall service, you accept to personally control and manage the cost for call forwarding service. You are solely responsible for keeping yourself informed and paying for possible charges applied by your mobile network operator.
5.5 Further user’s modifications of the call forwarding setting in your device can compromise the functionality to be reachable of oneTcall service described in 5.2. Euro.Soft declines each responsibility regarding your setting up of the call forwarding feature.
5.6 oneTcall+ is a Voice over IP (VoIP) service able to provide standard telephone service via wifi and call telephone users located in your same environment for free.
5.7 oneTcall and oneTcall+ services are available under the following conditions, not in responsibility of present license:
a) location of the user in environment covered by the services (see the list of covered environment in the oneTcall web site www.onetcall.it)
b) location of the user in environment where service packet has been bought (see following section 11).
c) availability and proper working of wi-fi connection
d) availability and proper working of internet data connection
e) availability and proper working of call forwarding services in the network of your SIM provider (only for oneTcall).
5.8 In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
5.9 You choose to access our Service, you do so at your own initiative and you are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event we will be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
5.10 oneTcall may automatically check your version of the APP. Euro.Soft has no obligation to make available any updates. However, oneTcall may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
5.11 oneTcall does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”) to be confidential information. If you send any Feedback to oneTcall through the Site, social networks or otherwise, you acknowledge and agree that oneTcall shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Euro.Soft’s right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
5.12 You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by oneTcall where none exists. You may not frame the Site on any other website. Euro.Soft may revoke the permission to link to the Site at any time at its sole discretion.
6. Your Obligations
6.2 You may not:
6.2.1 intercept or monitor, damage or modify any communication which is not intended for you;
6.2.2 use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service;
6.2.3 send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
6.2.4 expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
6.2.5 use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
6.2.6 use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
6.2.7 collect or harvest any personally identifiable information, including account names, from the Service; or
6.2.8 impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
6.2.9 use the phone services out of fully compliance with Italian and European Union communication regulations in terms of programs, data, IT and communication systems.
7. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE SITE AND APP ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty (50) euro. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. End Users and Export Control
You will not use or export the APP or any product or service offered on the Site or through the Service, in violation of any applicable laws or regulations, including without limitation Italian and European Union export laws and regulations.
10. Charges for oneTcall and oneTcall+ Services
10.1 The charges payable for calling landlines and telephone numbers outside the onboard area (oneTcall) where are you located consist of a per-minute rate as set out on oneTcall web site (www.onetcall.it) or provided to you in different forms.
10.1.1 Euro.Soft may change the rates for oneTcall calling phones at any time without notice to you by posting such change at oneTcall web site (www.onetcall.it) or providing you them, in different forms.The new rate will apply to your next phone call after the new rates have been published. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call.
10.1.2 The duration of a oneTcall call shall be based on one-second increments. At the end of a call, fractional cent charges will be rounded up to the nearest whole cent. During the call, charges incurred will be deducted automatically from the oneTcall packet balance in your User Account.
10.2 The charge payable for calling telephone numbers inside the onboard area (oneTcall+) where are you located consist of a flat rate, unlimited use.
10.3 The charges for other oneTcall features or products will be confirmed to you before the completion of purchase. Euro.Soft may change the prices of such products at any time without any notice to you. You can choose whether or not, to accept the new charges prior to completing your next purchase of the applicable product. The new prices will apply to your next purchase after the publishing.
10.4 From time to time, Euro.Soft may offer products or features available at no charge for a trial period. However, Euro.Soft reserves the right to charge you for such products (at the normal rate) in the event that Euro.Soft determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
10.5 Euro.Soft may collect VAT or other indirect taxes at the appropriate rate for the particular territory (as per applicable tax rules) at the time of purchase of the oneTcall packet as below defined.
10.6 Using the APP you will use some of the data allowance available on the wifi data package to be subscribed with the owner of onboard area. You are solely responsible for subscribing the wifi data connection and for keeping yourself informed and paying for possible charges levied by wifi network’s owner.
11. Payment for service Activation – oneTcall and oneTcall+ packets
11.2 The oneTcall packet consists in a pre-paid amount of worldwide VoIP calling traffic usable through your device camped in a specific wi-fi area (environment) and time. You, under your own responsibility, will set and confirm details about required environment and reference time, during the purchase process of specific packet. Multiple contemporary oneTcall packets with different environment targets and validity times can be purchased also.
11.3 The oneTcall+ packet consists in a pre-paid amount of onboard closed calling traffic usable through your device camped in a specific wi-fi area (environment) and time. You, under your own responsibility, will set and confirm details about required environment and reference time, during the purchase process of specific packet. Multiple contemporary oneTcall+ packets with different environment targets and validity times can be purchased by also.
11.4 The oneTcall and oneTcall+ services are available in your smartphone for the time confirmed by you during the purchase process. Using the service, you accept to give up at any oneTcall residual traffic at the expiration date of your service.
11.5 oneTcall ReCharge
11.5.1 The oneTcall recharge feature will be available for already registered user and for the benefit of oneTcall already purchased packet.
11.5.2 The oneTcall recharge feature add credits on your oneTcall packet without modification of your service expiration date.
11.6 oneTcall and oneTcall+ time extension
11.6.1 The oneTcall and oneTcall+ time extension feature will be available for already registered user for the benefit of oneTcall / oneTcall+ already purchased packet.
11.6.2 The oneTcall and oneTcall+ time extension feature extend time availability of your packets without modification of your service balance or alteration of your target environment.
12.1 If you believe that oneTcall has charged you in error, you must contact Euro.Soft Srl., 60L, via Nuova Poggioreale, 80143 Napoli (Italy) , via registered mail, within 90 days of such charge. No refunds will be given for any charges more than 90 days old.
12.2 Euro.Soft reserves the right to refuse a refund request if it reasonably believes
(i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature;
(ii) if you are in breach of the terms of this License; or
(iii) if Euro.Soft reasonably suspects that you are using any of our products fraudulently or that your User Account is being used by a third party fraudulently.
This refund policy does not affect any of your statutory rights to pursue a claim.
13. oneTcall’s Ownership Rights
The Service, the Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. Euro.Soft or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Application and Service and all copies, modifications and derivative works thereof, and the underlying software (“oneTcall Technology”), including any user Feedback, and your use of our Service does not grant to you, nor do you acquire any ownership rights in the oneTcall Technology.
14. Notice and Take Down Procedures; Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the Site, Service and APP do the same. If you believe that any materials accessible on or from the Service infringes your copyrights, you may request the removal of those materials (or access thereto) by contacting our copyright agent. Please go to the EDC notification page in oneTcall EDC Policy to review our EDC notification guidelines and procedures.
The laws of the State of Italy, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. You expressly agree that the courts in the State of Italy have exclusive jurisdiction over any claim or dispute with oneTcall or relating in any way to your use of the APP or Service. Your use of the APP and Service may also be subject to other local, state, national, or international laws.
You will indemnify, defend and hold harmless oneTcall from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.
17. Links to Third Party Websites
The Site may contain links to other third party websites (“Third Party Sites”). These Third Party Sites are provided solely as a convenience to you. Such Third Party Sites are not under Euro.Soft’s control, and Euro.Soft is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with these Third Party Sites.
18. Acceptance of License
You affirm that you have the ability to enter into this License. The Service is not intended for person under the age of 18.
This License is the entire agreement between you and Euro.Soft relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by Euro.Soft or otherwise with the written agreement of Euro.Soft.