Terms / End User License Agreement / Privacy Policy

Terms of Service.

AliasMobile does not support Application to Person messaging. Using AliasMobile for mass messaging, advertising or marketing campaigns or any commercial use violates the AliasMobile acceptable use policy and User Agreement. Wireless carriers strictly monitor for and differentiate between these two classes of messaging. Any Application to Person use of AliasMobile numbers can result in the number(s) being blocked from messaging and voice calls, and your account being suspended and your purchases forfeited.

  1. Introduction; Definitions; Acceptance of Terms

1.1 Introduction; These Terms of Service (“TOS”) constitute the agreement between AliasMobile, Inc. (“AliasMobile”) and the user of AliasMobile communications Services and any related products or Services. This agreement governs our Service, as defined below, and all AliasMobile applications and software. It also applies to all AliasMobile provided telephone numbers and Service plans on and for each AliasMobile profile and/or account.“AliasMobile”, “the company,” “we,” “us,” or “our” and the user is sometimes referred to as “you,” “your,” or “user,” “client” or “customer”.

1.2 Definitions

· “Terms” is defined as these TOS together with any Legal Notices applicable to the Services, all price schedules, and othersupplemental documents that may supplement these TOS now or in the future.

· “Service” is defined as AliasMobile’s products, software, services and web sites.

· “Plan” and “Subscription” are defined as each AliasMobile Standard, AliasMobile Professional, and/or AliasMobile Unlimited subscription.

· “Number” is defined as each telephone or fax number(s) provided for your AliasMobile profile and/or account.

1.3 Acceptance of Terms: You may not use the Service without first agreeing to the Terms. By using the Service you confirm your acceptance of, and agree to be bound by, the Terms. You may not use the Service if you are not of legal age to form a binding contract or are a person otherwise barred from using the Service under the jurisdiction under which you reside. Unless explicitly stated otherwise, this agreement will govern the use of any new features that augment or enhance the current Services, including but not limited to, the release of new AliasMobile software, applications, and services. In the case of any violation of this agreement, AliasMobile reserves the right to seek all remedies available by law and in equity.

  1. No Emergency Services; No 911 Service

AliasMobile does not provide access to 911 emergency services.

911 Calling Not Available: THE SERVICE CANNOT BE USED FOR 911 OR EMERGENCY CALLING UNDER ANY CIRCUMSTANCES. You must make alternative arrangements to place 911 calls an alternative phone and service and cannot rely on the Service for 911 calling capability.

ALIASMOBILE DOES NOT OFFER 911 OR EMERGENCY CALLING FOR THE SERVICE. DO NOT UNDER ANY CIRCUMSTANCES ATTEMPT TO USE THE SERVICE TO CALL 911 OR OTHER EMERGENCY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT A SUBSTITUTE FOR A TRADITIONAL LANDLINE OR MOBILE TELEPHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A PHONE THAT CAN BE USED TO MAKE OUTBOUND CALLS, INCLUDING CALLING 911 OR ANY OTHER APPLICABLE EMERGENCY SERVICES.

· Disclaimer of 911 Liability: Neither AliasMobile nor its officers or employees may be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user of relating to the fact that AliasMobile does not provide access to 911 or emergency services.

· Waiver of Claims: You waive all claims or causes of action, whether in contract, warranty, tort (including negligence), or any other form of liability, arising from or relating to the fact that AliasMobile does not provide access to 911 emergency service.

  1. Credits

No credit to a customer account will be made for issues or disputes resulting from circumstances outside and beyond the control of AliasMobile. A credit to a customer account may be applied (i) following indepth analysis by AliasMobile of a credit request submitted by Customer to AliasMobile, and (ii) at the sole discretion of AliasMobile. AliasMobile reserves the right to apply credits to customer accounts for marketing promotions and concessions.

  1. Registration, Passwords, Security, Identification

4.1 Registration. When you provide AliasMobile with personal information, you agree to (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, AliasMobile may, without notice, suspend or terminate your access to the Service and refuse to provide current or future use of our Service.

4.2 Passwords. In the event you are required to use a password with our service, you must select a password and user name to use the Service. You are encouraged to select a non-obvious password and change it periodically for enhanced security. You are responsible for maintaining the confidentiality of the password and account information.You are financially responsible for all activities that occur under your password or account identification. You shall notify AliasMobile immediately if you discover unauthorized use of your password or account or any other breach of security.

4.3 Security. AliasMobile reserves the right to take any action it deems necessary or reasonable to ensure the security of the Service and your account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, AliasMobile may rely on the authority of anyone accessing your account or using your password and under no circumstances will AliasMobile be held liable to you for any liabilities or damages resulting from or arising out of (1) any action or inaction of AliasMobile, (2) any compromise of the confidentiality of your account or password and (3) any unauthorized access to your account or use of your password. Maintaining the security of your personally identifying information is extremely important to us. We will take reasonable steps to ensure your personally identifying information remains confidential. However, we cannot guarantee that our Service is impenetrable to all security breaches, andtherefore AliasMobile makes no warranty, guarantee, or representation that our service will be completely protected from viruses, security threats or other vulnerabilities.

4.4 Identification. You must have a valid U.S. or Canadian credit card account and a U.S. or Canadian mobile phone account for Service. AliasMobile may request verification of identity from all users to confirm account information at any time and for any reason. Verification materials may include official government-issued identification, proof of credit card account, and a copy of your current cellular phone statement.

  1. Privacy

Personal information, other than your cellular telephone number and valid email address to establish and manage your account services, is never collected by AliasMobile. Your account information will be treated in accordance with our Privacy Policy. Our Privacy Policy can be found at https://www.AliasMobile.info/terms.

If AliasMobile makes any changes to this policy, we will post the revised policy at that site. AliasMobile will restrict its use of personal information in accordance with the privacy policy in effect at the time the information was collected. If AliasMobile makes material changes to its privacy practices or material changes to how your information is treated, AliasMobile will notify you via e-mail. You will have a choice as to whether or not AliasMobile may use such information in a different manner. However, if your Service account has been closed, AliasMobile will not contact you, nor will your personal information be used in the new manner.

  1. Customer Support

· Customer Support by E-Mail is available by sending an email to admin@aliasmobile.com Email messages are answered in the order in which they were received.

· Standards of Conduct:When using AliasMobile’s customer support, you agree to refrain from speaking or writing to our Customer Support staff in any manner that is unlawful, threatening, harassing, abusive, defamatory, slanderous, vulgar, obscene, indecent, lewd, racially or ethnically or otherwise offensive.

  1. Acceptable Use

    AliasMobile does not support Application to Person messaging. Using AliasMobile for advertising or marketing campaigns or any commercial use violates the AliasMobile acceptable use policy and User Agreement. Wireless carriers strictly monitor for and differentiate between these two classes of messaging. Any Application to Person use of AliasMobile numbers can result in the number being blocked from messaging and your account being suspended.

You agree to use AliasMobile’s Service in a manner consistent with all applicable laws and regulations. You may not resell the Service in whole or in part to others. Additionally, you will not take any of the following actions with respect to our Service, related software, applications, or content, nor will you use our Service or related software or application to upload, post, e-mail, distribute, transmit, link, solicit, or otherwise make available any content or use our service in any manner that:

· is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, racially or ethnically or otherwise offensive, or abusive;

· advocates or solicits violence, criminal conduct or the violation of any local, state, national, or international law or the rights of any third party;

· infringes on another’s patent, trademark, trade secret, copyright, or other intellectual property or other rights;

· is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;

· specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;

· constitutes unsolicited or unauthorized advertising, including e-mail, voicemail, or faxes (“spamming”), or otherwise sending junk or bulk e-mail, voicemail or faxes;

· interferes with others using the services;

· contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, programs, or applications that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communicationssystems or equipment;

· contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;

· disrupts, inhibits or interferes any other user from enjoying the services or affiliated applications, contents, products and/or services;

· uses any robot, spider, or other such programmatic or automatic devise, including but not limited to automated dial-in or inquiry devices, to obtain information from the service or otherwise monitor or copy any portion of the service, products and/or services;

· creates a false identity for the purposes of misleading others;

· prepares, compiles, uses, downloads, or otherwise copies any user information and/or usage information or any portion thereof, or transmit, provide otherwise distribute (whether or not for free or profit) such information to any third party;

· uses any AliasMobile domain name as a pseudonymous return e-mail address;

· contains any offer for unsolicited goods or services or any advertising or promotional materials;

· provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to §219 of the Immigration and Nationality Act;

· attempts to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or the services;

· reproduces, duplicates, copies, sells, trades, resells, or exploits any portion of the services or content, use of the services or access to the services;

· systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods;

· uses frames, or utilizes framing techniques to enclose any portion of the services (including the images found at the services or any text or the layout/design of any page or form contained on a page);

· modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our service. For purposes of these terms, “reverse engineering” shall include the examination or analysis of the service to determine the source code, structure, organization, internal design, algorithms or encryption devises of our service’s underlying technology;

· creating a false Caller ID identity (“ID spoofing”) or forged email address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the services;

· using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit or otherwise avoid any Fair Use policy; and

· for unlimited or unmetered plans, using the service for call-in lines, call centers, conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes.

  1. Unlawful Use Prohibited; Monitoring; Providing Information to Authorities and Third Parties

· Unlawful Use Prohibited. AliasMobile Service is for lawful, proper, and appropriate purposes only. You may not use AliasMobile Service for any illegal, fraudulent, improper, or inappropriate purposes. A non-exhaustive list of examples of illegal, fraudulent, improper or inappropriate uses are listed above in Section 7 (Acceptable Use).

· Monitoring. AliasMobile may monitor the use of Service for violations of this agreement. AliasMobile may suspend or delete your account if we suspect a violation of this agreement, or if we think it necessary in order to protect our Service, or AliasMobile, its parent, affiliates, directors, officers,agents, and employees from harm.

· Providing Information to Authorities and Third Parties. If we believe that you have used our Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that AliasMobile may have about your account, including but not limited to, types of service, lengths of service, IP address (es), e-mail address(es),and all other account information as follows:

o in response to law enforcement or other governmental agency requests;

o as required by law, regulation, rule, subpoena, search warrant, or court order;

o as necessary to identify, contract, or bring legal action against someone who may be misusing the Service;

o to protect AliasMobile’s rights and property.

  1. Termination or Suspension of Account

· By You: You may immediately terminate your AliasMobile account at any time for any reason. You must notify AliasMobile’s Customer Support of your desire to terminate your account by emailing notice of such to admin@aliasmobile.com and including your requested service termination effective date. You may also cancel over the Internet using instructions provided here: https://support.apple.com/en-us/HT202039 . Upon cancellation you will receive e-mail notice to the e-mail address you have on file with us detailing the status of your account. There is no refund of pre-paid Subscription plans 30 days after Subscription Order Date.

· By AliasMobile: In addition to the terms contained herein, AliasMobile reserves the right to terminate an account or subscription at any time, with or without notice. Additionally, AliasMobile reserves the right to suspend or cancel your AliasMobile account and Service without notice upon rejection of any credit card charges.

  1. Billing, Charges, Refunds, and Pre-Authorization

· Generally: You are responsible for paying all charges for your account, including but not limited to, international calls, international SMS, additional features, and for all charges to extensions attached to your account imposed on you or us as a result of your use of the Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. Prepaid debit and/or credit cards are not an acceptable form of payment for Subscription plans.

· Recurring Billing

o Services plans are offered in Subscriptions of 30 days (recurring) or 1-year pre-paid plans (also recurring). Pre-paid plans are not refundable. The initial subscription begins on the date that you purchase the services (“Subscription Order Date”). All Subscription plans renew automatically for successive terms of the same length without further action by or notice to you unless you notify AliasMobile of non-renewal at least two (2) days before the end of the then current term by contacting Customer Support via email at admin@aliasmobile.com.

o Additional services will be charged at monthly intervals. You will be billed at the time of purchase for additional services and notified by e-mail about the addition of services.Additional services will bill at the same recurring date as the main subscription account.

· International Calling and SMS Charges

o Outbound International calls are currently not allowed and are blocked.

o SMS messaging to non-AliasMobile numbers outside the U.S. and Canada are charged at $.10 per outbound message.

· Refunds

o Subscription refunds are limited to our 30-day money back guarantee for all accounts.

§ After the 30-day money back guarantee period ends, pre-paid Subscriptions are non-refundable. The 30-day money back guarantee period commences on Subscription Order Date. The money back guarantee does not apply to charges for international usage, payphone calls to AliasMobile toll free numbers, directory assistance and any features or services not expressly included in your monthly plan fee. We may not be able to refund taxes you may had paid. If you have a billing dispute following the termination of your account, please contact us via email at admin@aliasmobile.com.

o Pre-Paid Subscription Plans are Non-Refundable

Termination notice will not affect charges submitted before AliasMobile could reasonably act on such notice.

o No Refunds for Charges Pre-Authorized Against Your Credit or Debit Card

§ All Subscription Plans are recurring. Charges to your credit card or debt card immediately following the expiration of the prior pre-paid period will occur without further authorization from you. You must notify Customer Support of your desire to terminate prior to the end of the pre-paid period via e-mail at admin@aliasmobile.com in order to terminate your account and cease further recurring charges.

o No Refunds for Plan Changes

§ AliasMobile does not offer refunds for any services ordered but changed at any point within the current billing cycle. Should you decide to downgrade to a lower-cost plan, AliasMobile will not refund the difference in cost between the two Subscriptions. It is your sole responsibility to contact AliasMobile before the start of the next billing cycle to change or modify any services, subscriptions, or accounts.

o No Refunds for Non-Use

§ AliasMobile does not offer refunds for any Services ordered but not used. It is your sole responsibility to contact Customer Support to cancel any Services, Subscriptions, or accounts via e-mail at support@aliasmobile.com.

· Calling Charges

o Calls to United States and Canada local or toll free numbers are limited to the allocations referenced in the AliasMobile Pricing Plans table. Calls to locations outside of the United States and Canada are charged at the rates published in the current AliasMobile International Rates table.

· Telephone Number Changes and Charges

o Charges for and limits to the number of AliasMobile telephone numbers on your account are applied in accordance with the charges and allocations referenced in the AliasMobile Pricing Plans table.

· Overage Charges

o Overage charges, international calls or forwards that incur charges or international SMS messages will be billed at the end of the billing cycle in which they occur. Interim charges will be made if the balance due on the account exceeds $10 before the end of the billing period.

· Pre-Authorization Charges

o All Subscription Plans are recurring. Charges to your credit card or debt card immediately following the expiration of the prior pre-paid period will occur without further authorization from you. You must notify Customer Support of your desire to terminate prior to the end of the pre-paid period via e-mail at admin@aliasmobile.com in order to terminate your account and cease further recurring charges.

· Billing Disputes

o If you wish to dispute any AliasMobile charge on your account, you must notify us within 14 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 14 days, you waive any right to contest the charges. Contact us via e-mail at admin@aliasmobile.com to report a dispute.

· Fraudulent Charges

o If you believe your financial information is being stolen, fraudulently used, or otherwise being used in an unauthorized or unwanted manner you must contact AliasMobile immediately at (650) 382-1006 or via email at admin@aliasmobile.com. When you notify AliasMobile of suspected fraudulent use, you will be asked to provide the credit card number in question and verification of your billing address. Until you notify us, you will be liable for all use of our Service using information stolen from you and any stolen, fraudulent, or unauthorized use of our Service.

  1. Service

· Connection Requirement. AliasMobile service requires cellular 4G, 5G or LTE for use, which we do not provide. Events beyond our control may affect or service, such as power outages, fluctuations in the Internet, your underlying ISP, broadband service, cellular data provider, maintenance, or acts of God. We will act in good faith to minimize disruptions to your use of and access to our Service.

· No 0+ or Operator Assisted Calling; No x11 Calling. AliasMobile Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, 976, or calling card calls. AliasMobile service does not support 911, 311, 511, and other x11 services in any service area.

· Certain Broadband, Cable Modem, or Other Services. Some providers of broadband service may supply modems that prevent or disable the transmission of communications using our service. We do not warrant that our Service will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our Service with any particular broadband service.

· Use of Services or Application by Customers Outside the United States

o AliasMobile does not allow you to use our service to call foreign countries from within the United States, with the exception of Canada.

· No Transfer of Service

o You are the sole account holder for the Service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You may not resell or transfer any features of your AliasMobile service without prior written approval from AliasMobile. Attempted assignments of Service or accounts through changes in account and billing information will not relieve you of liability and responsibility for use of the Service or additional features, or for charges on the account unless we actively failed to facilitate the assignment as evidenced in our records. Attempted assignments of accounts without our written consent through changes you make in your account and billing information will not relieve you of liability and responsibility in the account. You may not choose to authorize others to access your account by calling Customer Service at (650) 382-1006.

· No Resale of AliasMobile Services

o Your right to use AliasMobile’s services and extra features is personal to you. You hereby agree to not resell the use of AliasMobile’s Services.

· 12. Number Ownership

· Generally

o AliasMobile transfers (ports) telephone numbers in accordance with applicable FFC regulations and industry standards. Specific information is required for a port request. You may be required to provide such information in order for AliasMobile to complete your port request.

· Inbound Porting Policy

o You must keep your previous service active in order to port your number to AliasMobile.

o You must check to see if your number can be ported into AliasMobile’s Service. You can do this via e-mail admin@aliasmobile.com.

o A port request provides AliasMobile the authorization to determine if your telephone number can be ported into our Service. Some numbers cannot be ported and, therefore, are not be available with AliasMobile Service.

§ If your number can be ported, and AliasMobile agrees to facilitate such action. you will be directed to fill out a Letter of Authorization (“LOA”) and submit proof of ownership of the specific number.

§ If you do not fill out the information in the port request and LOA completely, your porting request will be delayed. Most service providers allow digital signatures for port requests; however, some service providers require a handwritten signature to port your number. If your previous provider requires a handwritten signature, AliasMobile will notify you of this requirement and you will be required to fax or e-mail us a signed copy of your Letter of Authorization (LOA).

§ To initiate a port request the following information must be provided. A bill and LOA to verify your customer and account information including: (i) the number(s) you are asking the port, (ii) your name, (iii) your address, including both the billing and service address.

o Porting Charges

o You must provide notice and confirmation to AliasMobile or Apple if you wish to cancel your Service. Upon confirmation, AliasMobile will no longer bill you for your Subscription. You will continue to be billed if you port your number but do not cancel your service with AliasMobile.

o Your AliasMobile Subscription must be active in order for you to port your Number to a new provider. AliasMobile cannot guarantee that your AliasMobile Number will be available for porting after cancellation of your Subscription. You should not close your account until you receive confirmation from us that your Number has been successfully ported.

o Porting numbers for sale is prohibited.

o Porting Numbers during a Trial Account period is strictly prohibited.

  1. Promotions

· AliasMobile may offer promotions that may include free trial periods, free usage allocations, or other promotional elements. The following general guidelines apply to all such promotions, but each offer is also subject to the associated terms and conditions of each offer:

o Free Trial Offer:You may use the Service for a specified period of time before being charged and generally there are usage limits associated with this free trial period. If you cancel your account prior to the end of such free trial period, and you have not exceeded the usage limits included in the offer, you will not be billed. If you exceed the usage limits included in the free trial offer you signed up for, one or more of the following actions may occur:

§ You will be notified that you have exceeded your offer limits and be given the option to cancel or upgrade, or

§ We will suspend your account pending further direction from you.

  1. Recording Conversations

You are solely responsible for complying with all local, state, and federal laws relevant in the jurisdiction you are calling when using the record conversation feature. You hereby release and agree to hold harmless AliasMobile from and against all damages or liabilities of any kind related to the recording of any telephone conversations while using AliasMobile services. AliasMobile expressly disclaims all liability with respect to your recording of telephone conversations.

  1. Cellular Charges

· AliasMobile’s Service includes the ability to place telephone calls via your cellular carrier's network . You agree and understand that by using AliasMobile’s Service that you will be billed by your cellular provider for calls placed over a cellular connection. AliasMobile is not responsible or liable for any charges incurred or minutes used for calls place using a cellular connection. You agree not to hold AliasMobile liable for any cellular charges, fees, or taxes incurred with your cellular provider.

· Calls placed outside of the United States or Canada must be made over your cellular carrier's or roaming partner's network. All calls placed using cellular or 4G/5G or LTE will be billed by your cellular provider. You agree not to hold AliasMobile liable for any international cellular charges, fees, or taxes incurred with your cellular provider.

· When traveling outside of the United States or Canada, call forwarding should be set on your cellular account to send all inbound calls directly to your voicemail. If you do not enable forwarding to voicemail, calls will be forwarded automatically from your AliasMobile account to your cellular phone and additional charges may apply.

  1. Warranty Disclaimer

· The Services provided hereunder are provided “as is” and AliasMobile makes no warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose and any similar warranty, whether said warranty arises under provisions of any law of the United States or any state thereof or any country. AliasMobile makes no representation or warranties that the Services are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of Services shall be borne solely by you. AliasMobile makes no warranty on up-time, mean-time between failures, quality of service, and/or quality of voice or FAX communications. AliasMobile makes no warranty that the services will meet your requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected. AliasMobile is not responsible for messages or information lost or misdirected due to interruptions or fluctuations in the Services or the Internet in general. AliasMobile is not responsible for the content or functionality of any third party network used in connection with the Services. AliasMobile does not warrant the accuracy or reliability of the results obtained through use of the Services or data or information downloaded or otherwise obtained or acquired through the use of the Services. You understand and agree that any data or information downloaded or otherwise obtained or acquired through use of the Services are at your sole risk and discretion and AliasMobile will not be liable or responsible for any damage to you or your property. No advice or information, whether oral or written, obtained by you from AliasMobile, its employees, partners, affiliates or through or from the Services shall create any warranty not expressly stated in these terms and conditions.

Although every effort is made to ensure that voicemails and fax transmissions are secure, AliasMobile makes no guarantees of security.

Some jurisdictions do not permit the disclaimer of certain implied warranties, so certain of the foregoing disclaimers may not apply to you.

  1. Limitation of Liability

· AliasMobile’s total liability to you from all action and under all theories of liability will be limited to and will not exceed the amount paid to AliasMobile by you for the software. AliasMobile shall not be liable to you or any third party for incidental, indirect, or consequential damages whether arising under contract, warranty, or tort (which includes negligence or strict liability) or any other theory of liability.

· Limit On Total LiabilityAliasMobile’s total liability under this agreement will not exceed the service charges for the affected time period. AliasMobile will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone charges, and/or similar charges.

  1. Indemnification

· You agree to indemnify and hold harmless AliasMobile, its CEO, board, officers, employees, shareholders, and agents from and against any and all liabilities, expenses (including attorney’s fees) and damages resulting from including any violation of this agreement by you or any third-party using your account; any negligent acts, omissions or misconduct by you; any breach of this TOS by you; any claim of libel, defamation, violation of rights of privacy or publicity; any loss of service by other customers; any infringement of intellectual property or other rights of any third parties; or any violation of any laws or regulations prohibiting transmission of unsolicited e-mails.

  1. Force Majeure

· AliasMobile shall not be held responsible for events beyond our control that may affect or disrupt Service, such as power outages, fluctuations in the Internet, your underlying ISP, broadband service, cellular data provider, maintenance, or acts of God. We will act in good faith to minimize disruptions to your use of and access to our Service.

  1. Legal Considerations

· No Third Party Beneficiaries

o If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.

· Survival

o The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.

· Severability

o If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.

· No Waiver of Rights

o AliasMobile’s failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. AliasMobile reserves all of its rights at law and equity to proceed against anyone who uses its services, software, or applications illegally or improperly.

· Entire Agreement

o This agreement, including any future modifications to its terms, and the rates for services found on our website constitute the entire agreement between you and AliasMobile. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

  1. Dispute Resolution and Arbitration

· Adjudication

o You agree that any disputes between you and AliasMobile shall be adjudicated in the state and federal courts of the State of California, U.S.A. Venue for all claims and disputes between you and AliasMobile shall be the county of Los Angeles, State of California. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

o Adjudication Fees and Costs

§ You are responsible for all costs that you incur in trial, including, but not limited to, attorneys or expert witness fees. If the trial is decided in AliasMobile’s favor, you shall pay for all reasonable attorneys’ fees and trial costs for AliasMobile. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys’ fees incurred in that appeal. Notwithstanding anything to the contrary in this adjudication agreement provision, AliasMobile shall pay all fees and costs required by law.

· Arbitration

o Arbitrator and Arbitral Rules

§ Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted by the American Arbitration Association (“AAA”). The AAA can be contacted by telephone at (800) 778-7879, by email at websitemail@adr.org, or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this agreement. The AAA rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879.

o Arbitration Fees and Costs

§ You are responsible for all costs that you incur in arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration is decided in AliasMobile’s favor, you shall pay for all reasonable attorneys’ fees and trial costs for AliasMobile. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys’ fees incurred in that appeal. Notwithstanding anything to the contrary in this adjudication agreement provision, AliasMobile shall pay all fees and costs required by law.

o Waiver of Jury Trial

§ You and AliasMobile agree that, by entering into this adjudication agreement, that you and AliasMobile are waiving the right to a trial by jury for amounts less than $10,000.

· Statute of Limitations

o You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to section (10)(k) of the agreement), or you waive the right to pursue a claim based upon such event, facts, or dispute.

  1. Changes to this Agreement

· We reserve the right to change the terms and conditions of this agreement at any time. By subscribing to AliasMobile’s Service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning AliasMobile, including changes to this agreement. We may give you notice of a change by posting the change on the website, on your account webpage, or by other permitted communication. Such notice will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using AliasMobile’s service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions.If you do not agree to the changes, you must terminate your service immediately. If you want to withdraw your consent to receive notices electronically, youmust discontinue your use of AliasMobile’s services. If you continue to use AliasMobile’s services, we will consider this your acceptance of any changes.

We reserve the right to update these Terms of Service at any time. The most recent version of this document will always be found at www.aliasmobile.com/termsofuse

PRIVACY POLICY

WHAT INFORMATION DOES ALIASMOBILE COLLECT AND USE?

AliasMobile may gather and use information about you, including (but not limited to) information in the following categories:

· Identification data (e.g. name, profile name, address, telephone number, mobile number, email address);

· Profile information (e.g. age, gender, country of residence, language preference and any information that you choose to make available to others as part of your AliasMobile user profile;

· Electronic identification data (e.g. AliasMobile addresses, tokens);

· Banking and payment information (e.g. credit card information, account number);

· Call quality and survey results;

· Information about your usage of and interaction with AliasMobile software, products, websites and marketing communications (including computer, platform, device and connection information, client performance information, error reports, device capability, bandwidth, usage statistics, calling destinations, and traffic to and from our website);

· Products or services ordered and delivered;

· Correspondence between you and AliasMobile;

· Traffic data (data processed for the purpose of the conveyance of communications or the billing thereof, including, but not limited to, the duration of the call, the number calling and the number called); and

· Content of instant messaging communications and voice messages;

· Location information, derived from your mobile carrier or from the mobile device that you use,

· Mobile device information, such as manufacturer’s name, device model number, operating system, carrier network;

· Location information, device identifiers and standard identifiers;

· Access tokens for other accounts you associate with your AliasMobile account, which are like an electronic key provided by the service that acts in place of a password for authentication.

OUR USE OF PERSONAL INFORMATION AND OTHER DATA

AliasMobile uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. AliasMobile and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the App to help us improve the content and functionality of the App, to better understand our users and to improve the Services. AliasMobile and its Related Companies may use this information to communicate with you regarding the Services or to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

If AliasMobile intends to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION:

AliasMobile is not in the business of selling your information. There are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

911 Calls and Requests for Emergency Assistance. NOTE THAT THE SERVICE CAN NOT AND SHOULD NOT BE USED FOR 911 OR EMERGENCY CALLING. However, if you attempt to contact emergency services via the Service, we may provide personally-identifiable location information to a public safety answering point; emergency medical service provider or dispatch provider; public safety, fire service, or law enforcement official; or hospital emergency or other medical care facility. As permitted by law, we may also disclose personally-identifiable location information without a user’s consent in an emergency situation involving risk of death or serious physical harm, such as to a user’s legal guardian or members of a user’s immediate family or to database management services or information providers solely to assist in delivering emergency services.

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data that we have retained about you may be part of the transferred assets.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: AliasMobile, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: AliasMobile may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or valid legal process, or (ii) act in urgent circumstances to protect the personal safety of users of the App or the public.

CONTACTING YOU

AliasMobile may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time under any obligation to provide any of such data. Any and all information which is voluntarily submitted in feedback forms on the website or any survey that you take part in is used for the purposes of reviewing this feedback and improving the AliasMobile software.

AliasMobile may contact you to send you messages about faults and service issues. Further, AliasMobile reserves the right to use email, the AliasMobile software or SMS to notify you of any eventual claims related to your use of AliasMobile software, including without limitation claims of violation of third party rights.

AliasMobile may send you alerts by email or SMS to notify you when someone has tried to contact you. AliasMobile may also use email, SMS or the AliasMobile software to keep you up to date with news about the AliasMobile software other AliasMobile related information. AliasMobile may also email, text message, in-app message, or send you push notifications about sale, promotional or special AliasMobile events, offerings, or packages. You can opt-out of the receipt of alerts and/or promotional emails by clicking the ‘unsubscribe’ link on the email that you receive or by changing your notification settings on your device.

EXCLUSIONS

This Privacy Policy does not apply to any Personal Data collected by AliasMobile other than Personal Data collected through the App or Services. This Privacy Policy shall not apply to any unsolicited information you provide to AliasMobile through this App or through any other means. This includes, but is not limited to, information posted to any public areas of the App, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and AliasMobile shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

CHILDREN

AliasMobile is not intended for or designed to attract users under the age of 13. We encourage parents to be involved in the online activities of their children to ensure that no information is collected from a child without parental permission.

INTEGRATING THIRD PARTY WITHIN THE SERVICES

Some features of the Service may allow you to enable various online third party services, such as social media and networking services (“Third Party Services”), to be directly integrated into your AliasMobile experience. By directly integrating these services, we make your online experiences richer, and more personalized. To take advantage of this feature, we may ask you to provide us login authorization for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your information to these service providers for this purpose. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and AliasMobile shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service. Under no circumstances should you use AliasMobile ten digit telephone numbers for Application to Person messaging.

SECURITY

AliasMobile takes reasonable steps to protect the Personal Data provided via the App from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us or transmit via the services.

The App, services and our business may change from time to time. As a result, at times it may be necessary for AliasMobile to make changes to this Privacy Policy. AliasMobile reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the App after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

ACCESS TO INFORMATION/CONTACTING ALIASMOBILE

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update, correct, or delete Personal Data in our possession that you have previously submitted via this App or the Services.

Please also feel free to contact us if you have any questions about AliasMobile’s Privacy Policy or the information practices of this App. You may contact us as via email at admin@aliasmobile.com.