Yeastar Linkus Terms of Service
Applicable from: November 8, 2018
1. ACCEPTANCE OF TERMS
1.1 The Terms of Service (the “Agreement”) govern your use of Yeastar Linkus Service (the “Service”), including the use of Yeastar Linkus Unified Communications App (the “Application”), Yeastar Linkus Cloud Service, and any features, scripts, instruction sets, or related documentation that Yeastar delivers via the Service or includes as part of the Service. By using the Service in any way, including, but is not limited to, (a) enabling Yeastar Linkus Cloud Service and (b) downloading or uploading any Materials (as defined herein) and Contents (as defined herein) via the Service, You (as defined herein), agree to terms and conditions of this Agreement.
1.2 Yeastar reserves the right to modify the Terms of Service from time to time, in Our sole discretion, by posting the revised Terms of Service to www.yeastar.com/terms-of-service-Linkus (“Linkus Terms of Service“). Your use of the Service is subject to the most current version of the Terms of the Service at the time of such use.
2. SERVICE DESCRIPTION
Yeastar Linkus Service includes Yeastar Linkus Unified Communication App (the “Application”), Yeastar Linkus Cloud Service, and any features, scripts, instruction sets, or related documentation that Yeastar delivers via the Service or includes as part of the Service.
2.1 Yeastar Linkus Unified Communications App is an application designed to coordinate with Yeastar Cloud PBX and on-premises PBX. Available using Microsoft Windows, macOS, iOS and Android, it includes voice, messaging, presence and a list of powerful unified communications features.
2.2 Yeastar Linkus Cloud Service is a value-added service designed to minimize Linkus-related server and network configurations for Yeastar on-premises PBX users. It avoids the necessity of port forwarding when using the Application outside of the company and makes collaboration features like instant messaging and file sharing possible on the Application.
2.3 Yeastar reserves the right, in its sole discretion, to modify the Service at any time and from time to time. Such modifications to the Service may include, without limitation, adding, modifying or removing features and/or functionality, and suspending or discontinuing the entire Service.
3. PROVISION OF THE SERVICE
3.1 The Application. Yeastar may provide the Application through third-party marketplaces or stores. You are responsible for obtaining and maintaining any equipment or ancillary services needed to access the Application and you are responsible for all applicable taxes and fees incurred while accessing such Application (such as fees from your mobile carrier, overage charges, etc.). Yeastar may designate the Application as a pre-release or beta version (“Pre-release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version.
3.2 Yeastar Linkus Cloud Service. Yeastar Linkus Cloud Service is a subscription-based for-charge service. It is provisioned and available only when you enable the service and during (a) the applicable Subscription Term (as defined herein) or (b) the applicable free trial period defined by Yeastar.
3.3 Geographical Scope. The Service may not be offered, available or fully supported in all regions, countries or jurisdictions of the world. Yeastar may restrict or limit the Service’s availability, in whole or in part, in or to any geographical location(s) or jurisdiction(s), in Yeastar’s sole discretion.
3.4 Physical Location of Content. By using the Service, you acknowledge and agree that Yeastar may use third-party service providers in connection with the Service or part of the Service, who may maintain and host, Your Content, or the data, in locations anywhere around the world. Your Content, or the data, may be subject to legal or contractual restrictions limiting or prohibiting its storage or transmission to particular physical locations. You acknowledge and agree that You are solely responsible for complying with any such restrictions. Yeastar is not responsible for Your failure to comply with any such restrictions, and will not be liable to You or any third party for any loss or damages resulting from any such failure.
4. USE OF THE SERVICE
4.1 Service Requirements. The Service is dependent upon your maintenance of sufficient Internet access, networks, security and power. By using the Service, you confirm and understand that the Service may sometimes be unavailable as a result of things over which Yeastar have no control, for example, the weather, power disruptions, availability of bandwidth over the entirety of the Internet, and failures of your internet service provider (ISP) or broadband / ADSL connection. Yeastar does not guarantee that your access to and use of the Service will be uninterrupted and does not guarantee any minimum availability to the Service.
4.2 Acceptable Use. You may use the Services only in compliance with this Agreement, applicable Law, and the Restrictions referenced below.
4.2.1 General Restrictions. You and your Users must not: use the Service (i) in a way prohibited by law, regulation, or governmental order or decree, (ii) to violate any rights of Yeastar or others, (iii) to try to gain unauthorized access to, test the vulnerability of, or disrupt the Service or any other service, device, data, account, or network, (iv) to distribute spam or malware, (v) in a way that could harm the Service or impair anyone else’s use of it, (vi) in a way intended to work around the Service’s technical limitations, or usage limits, or (vii) for any High Risk Activities.
4.2.2 Content Restrictions. You must not use the Service to transmit, store, host, or process any data that would cause you or us to be out of compliance with applicable laws or regulations. If you use the Service for data regulated by law or regulation, then you are solely responsible for the consequences of that use.
4.2.3 Violations of Acceptable Use. A breach of any restrictions stated this Section will be grounds for Yeastar to terminate the Service or part of the Service for you without notice and with immediate effect, at Yeastar’s discretion. You shall fully and effectually indemnify Yeastar from and against all loss, liability, damages, costs and expenses which Yeastar may incur in relation to any breach by you of your obligations under this section.
5. PRICACY, CONTENT AND CONTENT SECURITY
5.2 Content and Content Security. By using the service, You acknowledge and agree that while Yeastar and Yeastar authorized third-party service providers will take reasonable precautions to protect your content from unauthorized access or other security breaches, Yeastar and Yeastar authorized third-party service providers do not guarantee that such unauthorized access or other security breaches will not occur. You are responsible for ensuring that the security of the Service is appropriate for your intended use of the Service and the storage, hosting, or processing of any Content. You are responsible for taking and maintaining appropriate steps to protect the confidentiality, integrity, and security of all Content from unauthorized access, use, loss, or destruction. Those steps include: (a) controlling access you provide to your Users; (b) configuring the Service appropriately; (c) ensuring the security of Content while it is in transit to and from the Service; (d) using encryption technology to protect Content; and (e) backing up Content. You are responsible for providing any necessary notices to Users, and obtaining any legally required authorizations or consents from Users regarding their use of the Service.
6. INTELLECTUAL PROPERTY
The Service and Materials, and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided in the Agreement, Yeastar do not grant any express or implied rights to use the Service and Materials. All rights, title, and interest in the Service and Materials, in all languages, formats, and media throughout the world, are and will continue to be the exclusive property of Yeastar and nothing in the Agreement shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to You or any third party.
7. PAYMENY TERMS
7.1 Subscription Fees. Part of the Service may require you to purchase a subscription or membership in order to access all or part of such Service. Subscription Fees are non-refundable, except as otherwise stated in specific subscription terms applicable to a Service. Subscription Fees may change at the end of your subscription period.
7.2 Taxes and Third-party Fees. You are responsible for paying all taxes levied in connection with your use of the Service. Your credit card company or bank may impose on you other fees, such as foreign exchange fees, in connection with your payment of the Subscription Fees. Your ability to access the Service or Part of the Service may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.). Yeastar has no connection to or responsibility for such fees.
8. Automatic Renewal Service
8.1 About the Automatic Renewal Service (the Auto Renewal Option). You may check and agree to Paypal Automatic Renewal Option when you purchase or subscribe to the Service or part of the Service on Yeastar site (www.yeastar.com). When the Auto Renewal Option is checked and agreed to during your purchase(s), you agree to provide an advance authorization for Yeastar Information Technology Co., Ltd. to a) automatically renew your purchase(s) or subscription(s) at the end of each billing cycle and b) collect payment(s) from your PayPal account on a recurring basis and in the amount of the then-current rate for the selected service(s) and term(s). The billing cycle is subjected to the selected service(s) and term(s), which includes but not limited to on monthly, quarterly, annual basis, etc.
8.2 The Automatic Renewal Service Policy. When you checked and agreed to the Auto Renewal Option when making purchase(s) on Yeastar site, you understand and agree to the policy listed in this section that includes: (a) Yeastar will automatically renew your purchase(s) or subscription(s) at the end of each billing cycle and shall charge your PayPal account on each billing date (the billing date is set 3 days prior to the subscription expiration date to avoid unexpected service downtime); (b) Yeastar does not provide refunds for any pre-approved payments, subscriptions, taxes, or bank fees, including unused or partially used subscription periods; (c) Except as expressly provided in the Section 8.3, or otherwise stated in specific subscription terms applicable to a service, the Automatic Renewal Service and the renewal authorization will remain in effect; (d) You will receive Yeastar notifications for the expiration and renewal of the subscribed Service or Part of the Service through the email you filled out when making the purchase(s). If you need to change the email, please contact Yeastar Information Technology Co., Ltd.
8.3 Termination of the Automatic Renewal Service. You may terminate the Automatic Renewal Service by canceling the PayPal Automatic Payment on your PayPal account. Your termination of the Automatic Renewal Service is subject to the terms stated in PayPal User Agreement.
Yeastar may suspend your use of the Service if: (a) you are in breach of the Agreement; (b) your use of the Service poses a security risk to the Service or to other users of the Service; or (c) suspension is required pursuant to a subpoena, court order, or other legal requirement. We will give you notice before suspending your use of the Service if permitted by law or unless we reasonably determine that providing notice presents a risk of harm to the Service, to other users of the Service, or to any person or property, in which case we will notify you as soon as feasible or permitted. We will suspend your access only to the Service that is the subject of the issue giving rise to the suspension. We will promptly reinstate your access to the Service once we have determined that the issue causing the suspension has been resolved.
10.1 Termination by You. As either an individual user or a group administrator for a Service, You may stop using the Service at any time, but you will remain liable for all fees and charges otherwise due during the applicable Subscription Term of the Service or part of the Service.
10.2 Termination for Cause. Subject to this Agreement and any associated subscription terms and conditions, Yeastar may at any time terminate our agreement with you (or any subscription agreement) if: (a) You have breached this Agreement; (b)Yeastar is required to do so by Law (for example, where the provision of the Services or Materials to you is, or becomes, unlawful). You agree that Yeastar will not be held liable for any costs, expenses, losses, damages or other liabilities (howsoever arising) which You may incur as a result of a suspension or termination of the Service.
11.1 You agree that, in view of its nature, your use of the Service is at your sole risk. Whilst we will endeavour to ensure that the Service is of a high quality, neither we nor any of our agents, contractors, licensees, employees or information providers involved in providing the Service, give any guarantee that the Service will be uninterrupted or free from error.
11.2 You acknowledge and agree that Yeastar reserves the right to limit the transfer of data if such transfer of data is deemed to cause high traffic demands by way of download of files whether through the size of file and or the number of users.
11.3 In no circumstances whatsoever will we be liable to you (whether in contract, or for breach of duty, or negligence or otherwise) for any indirect, incidental or special loss or damage or any loss of business or of contracts, profit, opportunity, goodwill, reputation, or anticipated savings, or for any loss or corruption of data which arises out of or in connection with any use of, or inability to use the Service.
“Materials” means any materials provided by Yeastar including without limitation any (a) information, data, documents, images, photographs, graphics, audio, videos (b) Applications.
“Content” means any data (a) uploaded into the Service for transmitted, storage or hosting, or (be) downloaded via the service, by You, or by Yeastar (acting upon your instructions and on your behalf as part of a Service).
“You” means you individually or the entity that you represent (and, as applicable, your Users).
“Subscription Term” means the initial term of your authorized use of the Service, as set forth in the applicable Order, together with any renewal terms (if applicable). The initial term begins on the date on which the date you complete the purchase process.