Last update: January 13th, 2025
1. Introduction
These terms and conditions referred to as the “Agreement”, govern the use of services and products provided by ActiveCalls to its customers.
You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contract conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
2. Binding
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by the Terms and Conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Acceptable Use Policy
To ensure the safe and responsible use of our Services, we have established this Acceptable Use Policy (“AUP”), which applies to all ActiveCalls Services. By using any ActiveCall Service, you agree to comply with this AUP.
We prohibit the use of our Services, including any device, system, network, or account used in connection with the Services, or the ActiveCalls Network, for any illegal activity, high-risk use, infringing activity, exploitation or harm of minors, malicious activity, objectionable activity, misrepresenting origin and/or identity, unsolicited communications, harvesting information, spam, bulk messages, excessive or unauthorized use, circumventing compliance or security, or interception
ActiveCalls’s Services, which encompass any devices, systems, networks, or accounts used in conjunction with the Services or on the ActiveCalls Network, are strictly prohibited from being used for the following purposes:
- Using ActiveCalls Services as a primary means of communication for emergency services, such as contacting law enforcement or medical personnel in case of an emergency. While ActiveCalls Services may be used in conjunction with emergency services, they are not designed to be the sole means of communication in such situations.
- Using ActiveCalls Services for critical business operations where downtime or service disruptions could result in significant financial loss, reputational harm, or other negative consequences. For example, a financial services company should not rely solely on ActiveCalls Services to conduct high-frequency trading, which requires a high level of network uptime and low latency.
- Using ActiveCalls Services for safety-critical applications, such as controlling machinery or other equipment that could cause harm to individuals or property if malfunctions occur.
Other examples of prohibited activities under the ActiveCalls AUP include:
- Spamming or sending unsolicited messages, such as bulk emails or SMS messages, without the recipient’s consent.
- Engaging in any fraudulent or malicious activities, such as phishing scams, hacking, or spreading viruses or malware.
- Using ActiveCalls Services to violate intellectual property rights, such as pirating copyrighted content or distributing counterfeit goods.
- Engaging in any form of harassment, such as cyberbullying or sending threatening or offensive messages.
- Misrepresenting oneself or the origin of a communication, such as spoofing caller ID or forging email headers.
- Interfering with or disrupting the ActiveCalls network or the networks of other users, such as through denial-of-service attacks or other forms of network congestion.
- Collecting personal information about others without their consent or using such information for malicious purposes.
These examples are not exhaustive and ActiveCalls reserves the right to determine whether any activity violates the AUP. Users who violate the AUP may face disciplinary action, including termination of their ActiveCalls Services.
The list above is not exhaustive or exclusive. For purposes of this AUP, “End User” means an individual user of the Services, and maybe a natural person, and may include but is not limited to a Customer’s employees, consultants, clients, external users, invitees, contractors, and agents. Except as otherwise provided, terms defined in the Agreement have the same meanings when used in this AUP.
ActiveCalls users must also comply with all applicable local laws and regulations, including but not limited to regulations related to data privacy, telecommunications, and consumer protection. Some examples of such regulations may include the European Union’s General Data Protection Regulation (GDPR), the United States’ Telephone Consumer Protection Act (TCPA), and Canada’s Anti-Spam Legislation (CASL). It is the responsibility of ActiveCalls users to understand and comply with these local regulations in addition to ActiveCalls’s Acceptable Use Policy.
Additional Regulations:
CAN-SPAM (United States):
CAN-SPAM is a federal law enacted in 2003 that governs the transmission of commercial email messages and Internet-to-phone SMS commercial messages to email addresses referencing Internet domains. The complete text of this law can be accessed here: http://www.gpo.gov/fdsys/pkg/PLAW-108publ187/pdf/PLAW-108publ187.pdf
CASL (Canada):
CASL, the Canadian Anti-Spam Law, is a federal law that aims to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities. CASL regulates the sending of “commercial electronic messages” (CEMs), which include any email message, text/SMS message, or other electronic message that is sent to an electronic address and that has as even one of its purposes to encourage participation in a commercial activity. This law applies to any CEM sent to or from a computer system located in Canada.
Under CASL, prior consent is required to send a CEM, and all CEMs must meet the prescribed form and content requirements. CASL is regarded as one of the most stringent anti-spam regimes in the world, with specific and prescriptive requirements that must be carefully considered and complied with when sending CEMs to or from computer systems in Canada. CASL also requires compliance with additional regulations, such as the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act, and the Telecommunications Act.
The full text of CASL and its accompanying regulations can be found at this link: https://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html. ActiveCalls users must comply with all relevant laws and regulations, including CASL when using ActiveCalls Services.
CTIA Messaging Principles:
The CTIA Messaging Principles provide a series of guidelines created in collaboration with stakeholders in the wireless messaging ecosystem. These principles aim to encourage a strong and thriving community of wireless messaging, by providing best practices for stakeholders to follow. The guidelines cover a range of topics, including consent, transparency, security, and consumer protection. These principles were developed to help ensure that wireless messaging remains a valuable and effective means of communication while protecting the interests and privacy of consumers. The full set of guidelines can be accessed via the link provided.
ActiveCalls may act immediately and without notice to suspend or terminate the Services if, in ActiveCalls’s sole discretion, Customer’s or its End Users’ use of the Services violates the terms of this Acceptable Use Policy.
Customers may cancel any services purchased under this Agreement with written notice to ActiveCalls within thirty (30) days of the date on which the purchase becomes effective. Except as otherwise provided in the Agreement between the Parties, in the event of a timely cancellation, Customer shall not owe any fees or charges for the services being canceled in respect of any period after the date of such written notice (except those arising from continued Usage) and shall be entitled to a refund of any positive balance after reduction of any License fees, Service fees, and other applicable fees, payable up to the day of such request.
We take any violation of this AUP seriously and reserve the right to take appropriate action, including the suspension or termination of your Services, without notice, in our sole discretion, and without liability to you or any third party. If you have any questions or concerns about this AUP or believe that someone is violating it, please contact us immediately at support@activecalls.com.
4. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
5. Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
5.1 All rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
6. Newsletter
Notwithstanding the foregoing, you may forward our newsletter in electronic form to others who may be interested in visiting our website.
7. Third-party property
Our website may include hyperlinks or other references to other parties’ websites. We do not monitor or review the content of other parties’ websites that are linked to this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us. We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however, caused, resulting from your disclosure to third parties of personal information.
8. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish, or distribute any material that consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or related to our website. Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
9. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media.
10. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension, or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
11. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that: this website or our content will meet your requirements; this website will be available on an uninterrupted, timely, secure, or error-free basis. Nothing on this website constitutes or is meant to constitute, legal, financial, or medical advice of any kind. If you require advice you should consult an appropriate professional. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter in which it would be unlawful or illegal for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website. Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions, and causes of action of every kind and nature.
12. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date. We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.
13. Accessibility
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable per industry-standard information technology tools and techniques we will promptly resolve it.
14. Export Restrictions / Legal Compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of the Republic of Cyprus.
15. Assignment
You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
16. Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
17. Indemnification
You agree to indemnify, defend, and hold us harmless, from and against any claims, liabilities, damages, losses, and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs, and expenses relating to or arising out of such claims.
18. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce every provision.
19. Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
20. Entire agreement
These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and ActiveCalls concerning your use of this website.
21. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. You should periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
22. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Cyprus. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Cyprus. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted, and/or enforced to the maximum extent permissible to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
23. SMS Terms
By providing your mobile phone number and agreeing to receive text messages from us, you agree to the following terms:
- SMS Consent: By providing your mobile phone number, you consent to receive text messages from us related to our services.
- Costs and frequency: We do not charge fees for text messages sent by us. The frequency of text messages may vary depending on the services requested.
- Opt-out options: You have the option to unsubscribe from receiving text messages by sending a text message with the word “STOP” to our messaging number.
24. Contact information
This website is owned and operated by ActiveCalls You may contact us regarding these Terms and Conditions through our contact page.
