T&C - Arnacon
Terms of Use
Welcome to the "Arnacon" app (hereinafter: "the app"), which is operated by Cellact BV
Company, Private Company KVK: 80653065 (hereinafter: "the company"), Van Heuven Goedhartlaan 13D, 1181LE Amstelveen, The Netherlands
All that is said in a single language also applies to many, all in the context of things and the changes required. The section headings in the Terms of Use are for the convenience of the users only and shall not be used to interpret the Terms or for any other purpose.
1. The service
1.1 The app offers its users the option to make, over a known period of time, via the smart phone,
calls from another mobile phone number, which the user rents from the company, on the existing
SIM card of the mobile device, regardless of the mobile operator from which the customer receives service through his SIM card. Use of the app is using the user's existing mobile phone account, according to the user's terms of use on the mobile operator's network where he is located. This way the user will have two or more phone numbers or calling identities on the same SIM card and the same smart phone.
1.2 The additional number is a mobile number (cellular) or standard stationary from which you can
receive and make calls, if it is a mobile cellular number, to receive and send text messages (SMS).
The calls and messages that can be made through the app are calls and messages to subscribers in the country according to the operators that provide the service on mobile or landline lines. It is not possible to make phone calls through the app for special premium numbers, to foreign operators (numbers abroad) or to countries that blocked the calls.
1.3 "Additional services" - may be available within the app, in addition to the service described
above, additional voice mail type services, and conference call and call recordings. The Company will have absolute and exclusive discretion to determine whether the use of the Additional Services (or any part) will involve additional fees and what the payment rate will be.
1.4 It is clarified and agreed that the User rents, rather than purchases, the additional number from the service provider. The number is the property of the service provider. When not used, the number will return to the service provider poll of numbers - so it can be used at will, including renting it to another user. It is further clear and agreed upon by the user that he may rent from the service provider a telephone number that was used by another user, earlier. The user cannot purchase the number from the service provider and cannot port another number received from the service provider to another mobile operator, unless this is an additional number that the user has ported to the service, as described below
2. Agree to the Terms of Use
2.1. The use in the App and the Services that provided through it are subject to the terms set forth
in this document (hereinafter: "Terms of Use") and will apply as a binding agreement between the
Company and the User.
2.2. The access and use of the app indicates that the user has read the terms of use; and the user
agrees to the terms of use; And that the User commits to use the App subject to all instructions set out in the Terms of Use and they shall apply to any action taken on the App. If the user does not agree to the terms of use, to the terms and conditions listed set forth below, they must immediately cease any use, direct or indirect, of the application. It is clarified that the terms of use of the online stores App Store and Google Play exceed those stated in these Terms of Use, and in any case of contradiction and / or inconsistency the mandatory instruction will be posted in the stores listed above.
2.3. Please read the terms of use carefully. The Terms of Use regulate the relationship between the
user and the company and any user / or person / or any other entity using the app (hereinafter:
“User").
2.4 The responsibility for updating any changes or updates that are made in the Terms of Use from time to time applies only to the user. Such changes and updates may be made without notice and in the exclusive discretion of the Company as set forth in Section 3.1 below. The user hereby waives any claim and / or claim against the Company in this matter. If the user does not agree to any changes and / or updates, they must immediately discontinue use of the App and this will be the only remedy to which they are entitled. In case that the user continues to operate or use the app, its content and services offered, this will constitute evidence that the user has approve to any changes or updates made to the Terms of Use.
2.5 Log in to the App or using the services that are offered in the App, will be done after
downloading the app from the different app stores and entering a mobile phone number to it, and
on this number, the user requests to use the app, which is owned and / or controlled and / or used by him. Submitting incorrect information will prevent the ability to use the app effectively, and the user will have no claim, request or claim against the company and / or any other company on this matter. In the event of a change of the user's telephone number, the user must verify that the service is re-registered with the new number.
2.6 Filling out the user's required information in the application signup process is the sole
responsibility of the user and the user undertake to enter the only correct information, and only to
enter a mobile phone number which he owns or controls or uses, and has obtained permission from the legal owner of the number (only if he does not own the telephone line) and did not fill in any third party details or the details are incorrect. A user who has not fully and accurately provided information and / or details and / or provided telephone line details without the prior consent of the owner (of the line) will not be able to use the app.
2.7 The Company may (but does not obligate), in its decision, to block, prevent and / or revoke.
Access to any of the Users for any reason, including and without prejudice to the foregoing, in the
following cases:
2.7.1 by committing an act or omission, which is offensive or can damage the app and / or other user(s);
2.7.2 Preventing others from joining the app and / or services on the app, or continuing to enjoy the services in any way; Providing unauthorized and / or deliberately incorrect information;
2.7.3 Violating the Terms of Use;
2.7.4 Use of the App Services to perform and / or attempt to perform, and / or assist, and / or
encourage, an inappropriate and / or illegal act, and / or an act that deemed to be inappropriate and / or illegal; Due to non-payment of the full application fee.
3. Availability and accessibility of the app
3.1 The company will do its best to keep the app available for use. However, the company does not guarantee availability at all times, especially at the point where it is only an experimental version (beta version), which is more likely to be malfunctioning in such a version than the likelihood of a malfunctioning version. The Company reserves the exclusive right, at any time and in its sole discretion, to change the terms and / or conditions applicable of the App uses for any reason, including changing the Terms of Use from time to time without notice, including, re-editing, adding, subtracting, replacing and cancelling terms / conditions of use. Such changes may involve user discomfort and will not have any claim and / or any demand to that effect.
3.2 The company does not guarantee the duration of the period of the application will continue to
offer. It is also possible that due to any circumstance, the app activity will be discontinued, whether temporarily or regulatory, and this will not impose any liability on the company of any kind. In addition, due to any circumstance, the application activity, temporarily or permanently, may be discontinued only for certain specific devices and / or operating systems and / or operating system versions, and will not impose any responsibility of any kind to the Company.
3.3 The User shall have no claim and / or claim against the Company and / or anyone on its behalf to the Services provided in the App.
3.4 Nothing in these Terms of Use shall detract from the Company's obligation to comply the
requirement and / or request and / or decision and / or order (hereinafter referred to as "Decision")
by duly authorized parties (including changing and / or replacing the additional number of User Or
any other number), or provide to a competent authority or to authority court, in accordance with
the decision, any information contained in its possession, about the use of the app and / or users.
The user will have no claim against the company for this purpose. Subject to any law, the company may monitor the use of the app, disclose any information received from the user as part of its use of the app.
3.5 The Company may assign and / or transfer and / or subordinate its rights and / or obligations
contained in these Terms of Use and all information contained in the Application under the Terms of Use, in whole or in part, including through, granting of sub-licenses and / or through the sale,
merger, and / Or otherwise to any third party.
3.6 Cellular services and mobile numbers provided by the company or service providers to the user are provided to the company by a licensed mobile operator from the Ministry of Communication or any other service provider. The Company will, at its sole discretion, select the operator (s) from which it will receive the services required.
4. Use of the app
4.1 To get a number or identity the user will have to download the app to their smartphone, install the app, request, within the app to have "additional number" and provide payment method or
username (if the user purchased it in advance). The company will have absolute and exclusive
discretion to determine whether downloading the app will add additional fees and what the
payment rate will be.
4.2 After the user requests to get an "additional number", and selects the period of service and
agrees to the terms of use, and makes the full payment for the use of the app, the company grants the user, subject to the terms of use, a limited, personal license, which can be cancelled by the company, which is not Exclusively, it is not possible to transfer, use the app and make use of another telephone number (which, subject to the provisions of section 4.7 below, will be chosen by the company or service provider) that the company will make available to the user for a limited period of time as the user chooses, starting from the time the company has given the user the right to use the app (hereinafter: "period of use"). You cannot freeze and / or pause and / or suspend the use of the app. Subject to paragraph 3.4 above, during the period of use the Company will not replace the digits of the additional number provided to the user.
4.3 During the period of use, the user may use the additional number as described in sections 1.1-1.2 above.
4.4 Except as written in sections 4.6 and 4.9 below, when the term of use ends, the user's right to
use the app will end, and this option will be blocked, and the additional number that was used by
the User will return to the Company and may be used at will, including renting it to another User.
The company does not undertake to keep the user's telephone number used after the end of the use period.
4.5 A user who wants to acquire the right of using the app for another period of time can do so
within the app.
4.6 A user who wants to acquire the right of using the app for another period of time and wishes to retain the telephone number which he has received for his temporary use, even for the additional use (period), can do so within the application, provided that he has purchased another period use before his current term of use ends and selected the option to reuse the number (The existing one).
In this case, the additional use period will start with the end of the current use period (before that).
4.7 The sequence digits of the additional number that the user's use shall be chosen exclusively and at the absolute discretion of the company, and the user will not be able to choose the number
except the cases listed below:
4.7.1 If an active user would want to purchase another term of use with the same additional number he must act as above in section 4.6.
4.7.2 If a user would be interested of using the number he owns, he must act as below in section
4.8 The user may purchase the additional number he has received from the company, and can port it to another mobile operator according to the regulatory guide and rules.
4.9 A user who owns a cell phone number on the cellular network of the operator
(or another network which is ported to to an operator) can determine, by ordering another number in the app, that the additional number he will receive will be the telephone number he owns. In this case, when the usage period ends, the phone number will continue to be owned by the user. It is advised to pay attention that according to regulation it is possible that the phone number is returned to its home mobile operator if not in use for a period of time.
4.10 It is clear and agreed upon by the user that he may rent from the Company a telephone number which was used by another user before, and he will have no claims to the Company for this.
4.11 A user wishing to disconnect from the service before the end of the term of use shall provide
the Company with a cancellation notice in one of the following ways: (a) call to a customer service
centre (B) by registered mail to Cellact BV (c) by e-mail from the application, to mailbox
The termination of service will take effect no later than three business days from the cancellation
notice (and if the cancellation notice is delivered by registered mail - within no later than six
business days from the date of delivery), Only if the user does not specify a different cancellation
notice date and/or a later date.
Upon cancellation, the service will be discontinued, with all related services. There is no need to
remove the app to log out of the service. In the event of such a disconnection, the Company shall be entitled to charge the User duly cancellation fees. There is no disconnection and / or termination of the service, for any reason, in order to derogate from the user's obligation to pay the applicable fees up to the date of such termination. It is clarified that removing the app from your mobile phone is not sufficient to disconnect from the service. The additional number will be available to the user for the duration of use even if the user has removed the app from their smartphone. In this case, where the user uninstalled the app before the end of the use period, the device will continue to receive incoming calls until the end of the use period (but no calls or messages can be made). In order to disconnect and discontinue this service (incoming calls and messages) before the end of the use period, the user must follow the instructions in section 4.11 above.
4.12 If the user is not a private individual, with his consent to the terms of use, he declares and
warrants that he acts on behalf of a legal entity that may contract with the company and obtain the license in accordance with the terms of use, and that the user is authorized to agree to the terms of use and to charge the matter as stated with all that regards to the use of the application.
The right of using the app is personal to the user and not transferable to any third party.
4.13 The Company may, in its sole discretion, refuse to grant access to the App or any portion to any User, without prior notice and for an unlimited period of time, including as provided in Section 2.7 above.
4.15 In the event that a user is not satisfied with the application and / or the terms of use, the sole
and exclusive remedy available to him is the termination of the use of the app and he waives any
further claim and / or demand from the company and / or anyone on its behalf.
4.16 The termination of a user's activity in the app will not detract from any of the user's obligations as stated in the terms of use and will not constitute any cause for the user against the company and / or on its behalf, even if the user was allowed to re-use the app at a later date. The user will not have any claim against the Company regarding missed calls or User ID by a third party or User ID as someone other than him or any other claim. The User will not have any claim against the Company concerning a call recording that was lost or a message that did not arrive.
4.17 Without subtract from the generality of the foregoing and the following, it is strictly prohibited
to perform any unlawful act, including the perpetration of civil wrongs and / or criminal offenses of
any kind, through the application, and the sole responsibility for the results of the acts of the user
only applies on the user, including:
4.17.1 Inserting a computer code, software or application that includes a virus, spyware, and other hostile software (such as a Trojan, worms, and other harmful applications), whether into an
application and / or servers and / or other users' mobile devices;
4.17.2 Creating automated or non-user-owned accounts; "Spam" delivery (spam or uninvited mail) via the app
4.17.3 Sign in to the app using a non-user account
4.17.4 Empty
4.17.5 Offenses and / or wrongs under the Defamation Prohibition Act, 1965 and / or the Privacy
Protection Act, 1981.
4.18 The Company may, but does not obligated, in its sole discretion, determine that any use of the App by any user is invalid; Violates third party rights; Violates terms of use; It has slander; Violates the laws of the Netherlands; Violates the laws of the country it is being used in; Or it is unworthy in any way, and take action on it, without the user having any complaint, claim and / or demand against the Company for that reason. Subject to the foregoing, the Company does not undertake to test and / or visit and / or monitor the use of the App and even if tests are conducted, we do not obligated that we will identify any improper use as stated above.
5. Payment
App usage involves payment method
5.1
Payment - Payment for using the app will be made by a valid credit card in the App Store and Google Play online stores or through the Paypal website or by direct payment to an in-store agent (including virtual stores) who sells app only by receiving verification code.
The rate - The cost of using the app will be as advertised in the app itself and / or in the online stores App Store and Google Play and / or with agents selling the app at the time of the additional number that will be updated from time to time. The rate is determined regardless of how much the user uses the app and / or the number of days the app was used. Any user who has hired such app will pay the full usage fee, even if he did not use the app at all, or if he only used part of the period, including, even if the user removed the app before the end of the use period, subject to the provisions of the Consumer Protection Law, 1981 and subject that the user disconnected from the service as stated in section 4.11 above.
The use of the various services within the app,(such as voicemail, conference call and call
recordings), will incur a separate and additional fee, the rate will be published, and updated from
time to time, within the app and / or online stores and App Store and / or Google Play and / or For
agents selling the app.
5.2 The Company has the right to grant its users and / or some of them various discounts and / or
benefits for different period times without any relation to the payment of the application fee. All of
the above regarding to benefits are provided by the law and at the sole discretion of the Company.
The granting of such benefits, as they may and will continue, does not constitute a commitment to continue to provide such benefits or a commitment to provide such benefits to other users and is will not be a case studies as an equal measure to other users and / or cases.
5.3 If a court in The Netherlands determines that a user gives a false credit report to a credit card company pursuant to section 9 (b) of the 1986 Debit Cards Act in order to cancel a debit card bill relating to the use of the app, the user will pay the company an agreed compensation without proof of damage of 5,000 Euros this is without prejudice to the Company's rights to take any legal proceedings and / or to demand any remedies to which is authorized under law. It is agreed that this amount is a reasonable amount in the costs that involved in filing a claim against the user.
6. Confidentiality, Privacy
6.1 The Company will not transfer user information to any other party, except in the following cases:
(a) the sale of the App and / or the Company (including the sale of all or a substantial part of its
assets); Or (b) if an order is obtained requiring the company to provide such information duly by a
judicial authority or on behalf of a competent authority.
6.2 Despite the foregoing, the Company may, in its sole discretion, transmit the User Information to a third party in cases where: (a) In the opinion of the company the User has committed to due
neglect act or omission that infringes or may harm any application, the Company and / or any third parties; (B) in the opinion of the company the user used the app to perform an illegal act and / or contrary to the terms of use; (C) if the Company has received a judicial order or directive from a lawful competent authority instructing her to hand over user information to a third party; Or (d) in any dispute or legal proceedings.
6.3 The Company may use, without limitation, the user information, without specific user
identification, and the user hereby agrees that such details and data will be used for promotional,
advertising, market research, statistical information analysis and presentation as well as for any
other legal purpose and / or delivery to other parties, including entities Commercial, unlimited
territory, time or any other restriction.
6.4. In order for the user to be updated with the services provided through the app, the company
sends the user messages (SMS messages) to the telephone line that was provided when the account was opened in the app. The user hereby confirms to the company and / or on its behalf, to send such messages. If the user wishes to stop receiving such notifications, he or she should contact the company's customer service department at e-mail support@cellact.nl and request removal from the mailing list.
6.5 It is clarified that in registering to the application the user agrees to receive e-mail and / or text
messages (SMS) and / or push notifications from the company and / or on its behalf, including e-mail and / or text messages (SMS) e-mail, fax and / or system Automatic dialling that encourage to purchase services and products of the Company, which may include updates on various subjects, publications, and messages containing content that defines "publicity", At any time, the user can notify to the Company of its desire to remove its address from the Company's mailing list at e-mail address:
7. Intellectual Property Rights
7.1 All intellectual property rights related to and / or inherent in the App, of the related documents
and trademarks , including but not limited to, patents, copyrights, trademarks, trade secrets, logos, moral rights, business secrets, ideas, etc. existing and future, whether protected or unregistered, are and will remain wholly and exclusively owned by the Company.
7.2 In installing the app or maintaining or using the app, there is no grant of intellectual property
rights and the user will not acquire any right in the app except the limited right to use the app, as
expressly stated in the terms of use.
8. Apple and / or Google Warranty
8.1 The app can be downloaded from the Apple Inc. app store. (Hereinafter: "Apple") -App Store or Google Inc.'s App Store ("Google") - Google Play based on the user's smartphone and operating system.
8.2 The Company is solely responsible for providing app maintenance and support services that will be provided to the extent required by the Company's discretion from time to time and subject to any law. Apple and / or Google have no responsibility for providing app maintenance and support services.
8.3 In event of non-compliance with the terms of this warranty, the User may notify Apple or
Google, as the case may be, and request that he repay the amount paid for the use of the App as
paid by him. Beyond that, and subject to any law, Apple or Google, as the case may be, shall not be liable for any other liability to the App, and any loss, liability, damage, cost or expense related to non-compliance or with the warranty terms as set forth above shall be exclusive to the Company,
subject to as stated in this section above and in these Terms of Use. Without derogating from the
foregoing, the User acknowledges that the Company, and not Apple or Google, as the case may be, is the address of any User or third party claim related to the Application or its possession and / or use of the Application, including and without derogating from the following: Product Liability Claim; Any claim that the application does not comply with legal or competent authority requirements; Claims arising from consumer protection laws. For the avoidance of doubt, it shall be clarified that the foregoing paragraph does not impose any liability on the Company.
9. Responsibility of the mobile operator
9.1 The services that are provisioned in the application depends on the existence of an active and
proper mobile subscription of the user to a licensed mobile operator in the specific country of use as well as Internet connection (through mobile browsing or in any other way). The user familiar that the app cannot be used without a SIM card, without a usable and/or proper line with an mobile operator or a mobile operator in the supported countries, and without proper connection to the Internet through mobile browsing or other access.
9.2 The Company is not a party to any agreement and / or transaction that has been concluded
between the user and the mobile operator that providing service to him, and any transaction that
has been concluded directly between the user and the mobile operator. Therefore, the Company
does not bear any responsibility, directly and / or indirectly, to the terms binding between the user
and the mobile operator and / or the services (including the nature, quality, availability and
continuity) which the user purchases and / or receives from the mobile operator. The mobile
operator shall be fully responsible for the cellular operator and shall be solely responsible for any
damage, claim, and liability, lost money, loss and / or any other expense incurred to the users and / or third parties in connection with the cellular services sold by them.
9.3 It is clear and agreed upon by the user that the nature, quality, availability and continuity of the
cellular services that he receives through the app will depend, first and foremost, on the nature,
quality, availability and continuity of the services that his mobile operator will provide.
10. Corporate Responsibility
10.1 The user declares and warrants that he and / or his or her claim will not be directly and / or
indirectly, against the Company, and / or on its behalf and / or any third party cooperating with it,
based on contract, in accordance with any other law, even if the Company or anyone on its behalf
becomes aware of the possibility of such a claim. The foregoing includes, in connection with the
terms of the Application, its management, for any expense, loss and / or damage, direct or indirect, aggravation, accidental, special or consequential damage, or any other damage of any kind, including software damage, hardware, And / or mobile devices, and / or loss of profits, data, loss of application performance, delay in use or inability to use the app, or otherwise arising from the use of the app. Without derogating from the foregoing, it is clarified that the Company is not responsible and will not be liable in any way for any damage and / or loss and / or direct, indirect, punitive, incidental, special, consequential or any other damage of any kind caused by the use of the Application; Or the inability to properly use the app; Or that the app may not match to the user and for any other reason, which exceeds the app usage rate.
10.2 The user declares that he will bear full and have an exclusive responsibility, against the
company and / or any third party, for any result, expense and / or damage that rising from
unauthorized use, which includes his or her illegal use of the app.
10.3 The user hereby undertakes to compensate the company, and / or on its behalf, for any loss,
loss of profit, payment or expense incurred by the company - including attorney's fees, including VAT and legal expenses incurred by the company due to a breach of application terms by the user.
10.4 The user declares that he / she is aware that the app is not intended for
emergency use and is not intended of dial to emergency services; police, fire or first aid services.
11. Limitations of responsibility for app disruptions and malfunctions
11.1 The Company is not responsible for any damages, defects, or malfunctions of any kind
whatsoever, which may be caused by downloading and / or installing the app, loss of data, defects and / or malfunction of the device and / or hardware and / or In any other software (hereinafter: "Damages") provided that the damage was not caused by the Company, maliciously. The User acknowledges that in order to minimize any damage, he must periodically make backups, including and especially before downloading and / or installing any version of the Application.
11.2 Without detracting from the fact that the application services are based on telephone operator and active cellular communication of the mobile operator which the user is linked, the company does not undertake that the services in the app will be provided in order or without interruptions, or will be carried out safely and without errors, or be immune from unauthorized access to the servers of the app and / or against damages, breakdowns, malfunctions or failures - including, in hardware, software, in lines and communication systems, in the app. There may be malfunctions, disruptions, loss of use or server crashes, power outages, hacker attacks, viruses, computer hacking, theft and misuse of information and / or the information provided to us by the user.
11.3 The user hereby declares that he is aware of and agrees that he may be harmed by the
circumstances and limitations of using the app, either for those controlled by the company or for
those not controlled by the company. The User declares and agrees that the Company and / or third parties associated with the Company are not responsible in any way for these potential damages and the User undertakes not to sue and / or make any claims or damages against the Company and / or any third party.
11.4 The Company and / or anyone on its behalf shall not be liable for any direct or indirect, financial or other damages or damages caused to the user or anyone on his behalf as a result of the use of the app, including any direct or indirect damages of any kind, caused to the user or any third party due to App malfunctions and / or due to technological difficulties and / or software and / or hardware and / or communication failures and / or anything else related to the app.
12. Limitation of Liability for Information Security
12.1 The app is protected by information security systems that are accepted by market standards.
However, it is clarified that because the application activity is in an online environment, the
company cannot guarantee complete immunity from intrusion into the company's computers or
servers and / or expose the information stored in the app by the perpetrators of illegal operations.
The company does its best to protect the information, but does not take any steps to ensure
complete security against unauthorized intrusion into the application's security systems. Therefore, the Company does not undertake that the activities in the app (the related service and services) will be totally immune from unauthorized access and exposure of the user's information or the user’s content to these parties, and the user hereby declares that the foregoing section is clear to him and that he does not have any allegation and / or demand against the Company regarding such app infiltration.
12.2 If any third party will penetrate to any information that is stored by the Company and / or
misused this information, the User will have no claim, claim and / or demand against the Company in this case.
12.3 To the extent that the law does not allow the Company's liability limitation in this section
above, these sections (with all their sub-sections) should be interpreted as minimizing the
Company's liability to the extent possible and in any event the Company's financial responsibility for any damage and / or expense of any kind and type, will not exceed the customer's monthly payment for which the damage relates to.
13. Cancellation of transactions
13.1 User may unsubscribe from the app as stated in section 4.11 above, accordance to the
provisions of the Consumer Protection Act, 1981 and the regulations that updated from time to time and subject to the use of the App Store and Google Play instructions.
14. General Terms
14.1 The Terms of Use as well the documents, records and any notice related to these Terms of Use that were originally produced and stored in printed format shall constitute acceptable evidence in legal and / or administrative proceedings.
14.2 In case of a conflict or contradiction between the Terms of Use and any publication or
document between the User and the Company, these Terms of Use shall prevail.
14. 3 In case that clauses are found in the Terms of Use that unenforceable and / or invalid and / or invalid by statutory provision, will be replaced by enforceable, valid and legal clauses, their contents will be adapted to the original clauses of use and are as similar as possible to the original clauses which have been deleted, The Terms of Use shall remain in full force and effect.
14.4 In the case that the Company decides to give up her right (under the Terms of Use), it will not
be an equal decree to any other case and will not consider giving up any other rights granted to the Company under the Terms of Use and / or any law.
14.5 Any claim against the Company and / or against it on its behalf will become clear in the courts of The Netherlands and only Netherlands law will apply. The competent courts in the Amsterdam District shall have exclusive local jurisdiction with respect to any claim and / or claim relating to the interpretation of use of the Terms of Use.