Time for the nitty gritty
These additional terms for the Tru for Desktop application must be agreed in addition to the Tru Service Standard Terms and Conditions and the Tru for Desktop EULA. By using the Tru Service via your personal computer, laptop, iPad, mobile device or other similar compatible device (“Equipment”) you expressly agree to be bound by these additional terms and conditions.
The Tru for Desktop application is also capable of using WiFi, VOIP and GSM connectivity but is not a replacement for your ordinary telephone service and you cannot make emergency calls using Truphone.
If your internet, WiFi or data connection fails for any reason you will not be able to use the Tru for Desktop Service.
When you download the Tru for Desktop Software you will have to register your personal details, choose a username and password, where applicable provide your mobile number. On receipt and approval of the same by Truphone an Account will automatically be generated. This is our record of your acceptance of the terms and conditions including any payments for your usage and to provide your usage of the service. We use your user name and contact details to identify you, to contact you if there are any changes in our terms and conditions and to contact you from time to time in relation to the service provided.
The Tru for Desktop application is an additional service to the current suite of Tru products. You will still have to pay your normal internet service provider (ISP) or internet access charges where applicable in order to be able to gain access to the service. Truphone is not liable for any ISP or internet access charges incurred by you for attempting to use the service. It is your responsibility to ensure that you have enabled the application function on any Equipment on to which you have loaded the Tru for Desktop application. Furthermore, if you are using your Equipment outside of a WiFi zone or where VOIP is not available then you may not be able to use the Tru services and where you are using your ordinary GSM connectivity to gain access to the internet you may be liable for charges associated with such usage, particularly data usage charges and/or roaming charges. It is your responsibility to check and to be aware of all applicable charges and rates that may apply to you before using any method of internet connectivity including ordinary GSM services (including voice calls, SMS or MMS services) and to ensure you know when you are not going to be able to use the Tru service and will be subject to additional charges from your ISP or mobile service provider. Truphone shall not be liable for any costs incurred by you where you have failed to check the rates or VOIP coverage for the use of the mobile services with Truphone.
If you use Truphone over a 3G data connection you may be liable to additional costs from your 3G data account provider. Truphone are not liable for these or any other costs you may incur from 3rd party services.
You shall be responsible for all use of the Service including but not limited to its proper configuration and installation, compliance with any regulations and applicable instructions issued by us. The preparation activities for using the Licensed Application and related services, as well as all relevant activities in support of the implementation of the Licensed Application and related service shall remain your responsibility. You must comply with our established protocols and appropriate processes necessary for the installation and the provision of the Licensed Application and related service; these protocols and processes shall be as prescribed and published on our Website.
You must comply with all reasonable directions of Truphone including relating to any security procedures and standards with respect to the Licensed Application and Services. We may communicate security issues to you from time to time when abuse or misuse is observed or reported by others along with any and all general information related to the provision by us of the Licensed Application and related Service by any means, including via our Website.
Tru-to-Tru SMS messages are free when both the sending and receiving parties are registered to Truphone via an authorized AP (on-line). Charges may apply if either party is not on-line. Please refer to the Website SMS messages pages for up to date information on SMS charging.
Caller Line Identification
Our network will allow the display of your Tru user name and or number on receiving Equipment.
If you do not want to display your Caller Line Identification please notify us in writing to email@example.com
If you need assistance regarding the Tru Software and Service, please firstname.lastname@example.org. You can access your GSM providers' operator assistance as usual.
Any of the Tru Service/s may be subject to reasonable use. Please check your tariff for specific details, or your My Account page.
Tru Product Features
Where a Tru application has enhanced features the usage by you of such enhanced features is subject to the Tru Standard Terms and Conditions and any EULA relating to a particular device. Truphone reserves the right to amend, modify or withdraw any feature at any time at its sole discretion.
Connecting with Instant Messaging and Voice Calling Services
As part of the Tru service you may be able to interoperate with Instant Messaging and Voice Calling Services operated by companies other than Truphone ('IMV Services'). Truphone accepts no liability for your use of or connection to such IMV Services. It is your responsibility to read the IMV Services' Terms and Conditions. There may be specific restrictions such as age limits, privacy considerations and acceptable use terms specific to each individual service. By using or connecting to the IMV Services you expressly agree to their Terms and Conditions.
Any breach of these IMV Services terms and conditions may also be considered a breach of the Tru Terms and Conditions.
For terms and conditions relating to interoperation with Google Talk, please see the following URL: http://www.google.com/talk/terms.html.
End User License Agreement
Tru for Desktop
By downloading or using this Licensed Application You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required.
This End User License Agreement (EULA), the Tru for Desktop Access Terms and Conditions and the Tru Service Standard Terms and Conditions constitute a legal agreement between you the end user (You), and Truphone Ltd (Truphone). If you do not agree to these terms then You may not use or install the Software or Tru for Desktop Software (Licensed Application).
YOU ACKNOWLEDGE THAT THIS IS NOT A REPLACEMENT FOR YOUR ORDINARY TELEPHONE SERVICE AND YOU CANNOT MAKE EMERGENCY CALLS USING THE SOFPHONE FOR TRU APPLICATION.
This Licensed Application is intended for use with the Tru service. When activated, this application may make and receive phone calls, send and receive IM, SMS and MMS all from your Equipment over a local GSM/WiFi/WLAN connection which in turn may direct voice and message data through the Internet in an unencrypted form. In order to use the Licensed Application you will need to sign up for a Tru account and agree to the Service Terms and Conditions which can be read here at www.truphone.com
Any use in contravention of this EULA will entitle us to terminate your usage of the Licensed Application and to cancel your account.
Subject to the terms of this EULA, Truphone grants You a limited, non-exclusive, non-sub-licensable, non-transferable license to use and install the Licensed Application on any Equipment which you own or control in accordance with the Usage Rules as expressly outlined by Truphone from time to time. "Use" means loaded in temporary memory or permanent storage on the Equipment. You must only use the Licensed Application for its intended purpose as published by Truphone from time to time. You may not use the Licensed Application in any way that could damage the Truphone service or other services. You may not use this Licensed Application to create unlawful, obscene, malicious or scandalous works.
Truphone reserves the right to add new features, update and upgrade the Licensed Application from time to time at its sole discretion and these modifications may be undertaken by Truphone remotely and without express alerts to you.
This license gives You a limited license to use the Licensed Application. Truphone retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Licensed Application and all copies thereof.
You shall not use the Licensed Application to develop any Licensed Application or other technology having the same primary function as the Licensed Application, including but not limited to using the Licensed Application in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Licensed Application. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Licensed Application. This Licensed Application is protected by copyright law and the author and owner is Truphone Ltd 2001-2010. All rights are reserved except for those explicitly covered in this EULA.
You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Licensed Application. You shall not attempt to derive the source code of the Licensed Application. You and Truphone acknowledge that In the case of third party claim that the Licensed Application infringes the third party's intellectual property rights, Truphone will be solely responsible for the investigation, defense and settlement of such claim.
This client incorporates a modified version of Sofia Sip, which is licensed under the LGPL.
This agreement is a personal agreement between you and Truphone. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Licensed Application, or use the Licensed Application or service to provide a commercial service to any third party.
You expressly acknowledge and agree that use of the Licensed Application is at your own risk and that the Licensed Application is provided "as is" AND ON AN AS AVAILABLE BASIS without any warranties or conditions. Truphone expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. Truphone do not warrant or guarantee a fault free service and give no warranties or guarantees as to connectivity, network coverage, quality or availability. Truphone will have no other warranty obligation with respect to the licensed application, to the maximum extent permitted under law.
This Licensed Application is supplied to you free of charge. You may be required to pay for certain features using the application such as for voice calls, SMS and MMS.
Calls, IM’s, SMS’s and MMS’s to other Tru customers also using the Tru for Desktop application are free of charge.
In the event of a fault, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by you, we shall use reasonable efforts to correct the fault.
This Licensed Application is not intended for use with the emergency services.
Truphone has no obligation to furnish any maintenance or support services with respect to this Licensed Application. In no event will Truphone or any of is affiliates be liable for any damages arising from performance or non-performance of the Licensed Application or for any damages caused by your failure to perform your responsibilities under this EULA or the Tru Service Standard Terms and Conditions. Furthermore, in no event shall Truphone or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury loss of privacy, LOSS OF DATA or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Licensed Application even if TRUPHONE has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. Furthermore Truphone will not be liable for any damages claimed by you based on any third party claim
You agree that you will use the Application and its related service lawfully and in compliance with all applicable laws and that you are responsible for all use of the Application and related service, costs and charges incurred to your account for using the Application and Service (including such use, costs and charges incurred by any third party using your account with or without your permission).
NOTHING IN THIS EULA IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING TRUPHONE’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY TRUPHONE’S FRAUD OR NEGLIGENCE OR ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
You shall be liable for all costs and losses incurred by Truphone as a result of your breach of this EULA, or any applicable law or regulation, any violation of third party rights, fraud, any use or misuse of the Licensed Application, or any communications spread by means of the Licensed Application.
You must represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US government as a terrorist supporting country and are not listed on any US Government list of prohibited or restricted parties.
This EULA is governed by the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.
Truphone Ltd, 5 New Street Square, London, EC4A 3TW, Company Number 04187081. Any questions should be directed to email@example.com
You are responsible for compliance with any applicable laws and regulations.
These terms were last updated on February 15, 2011