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Allvoi Wireless
Terms and Conditions of Service
As of December 6, 2018
We are pleased to be your wireless service provider. Allvoi Wireless is powered by Allvoi Communications Inc., which provides all of the services and customer support for any Allvoi Wireless plan and/or account you purchase and/or use. A customer's invoice, account statement, and/or credit or debit card charge will appear as Allvoi, Master Call, Allvoi by Master Call, and/or a variation, derivative, and/or disambiguation thereof. We reserve the right to change or modify these Terms and Conditions of Service ("Terms") at any time, which will be effective immediately when posted to Allvoi's website at https://allvoi.com/wireless/. Please check our website from time to time as these Terms may have changed without notice.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES PROVIDED TO YOU, OUR USE OF YOUR LOCATION INFORMATION AND NETWORK MANAGEMENT. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THESE TERMS AND CONDITIONS LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Definitions
In these Terms the following terms have the following meanings: (a) "Allvoi," "Allvoi Wireless," "we," "us," and "our" refer to Allvoi® Wireless and/or Mastercall®'s Allvoi Communications Inc., and/or their services or plans; (b) "you," "your," "user," "subscriber," or "customer" refer to the account holder or any other person who purchases, activates or uses the Wireless Services we provide; (c) "Device" means any compatible basic phone, smartphone, or tablet that we activate with your Allvoi account; (d) "Service(s)" or "Wireless Service(s)" means any wireless services we provide or that reference these Terms and includes, but is not limited to, our rate and service plans, billing services, offers, promotions, applications, programs, products, features, software, or any Device on your account; (e) "Charges" means any access and usage charges, taxes, surcharges, fees, including regulatory cost recovery fees, government fees (whether assessed directly upon you or upon Allvoi) and other charges we charge you or that were accepted or processed through your Device as further defined below in the "Charges" section.
Wireless Customer Agreement
These Terms are part of your Wireless Customer Agreement ("Agreement") and form a contract between you and Allvoi that applies to all Devices and Wireless Services provided to you. Your Agreement with us also includes: (a) rate plans, and other transaction materials, including any receipt or service summary that you sign, accept, or that is provided to you, and any transaction confirmation materials we may provide to you; (b) and any terms and conditions for wireless products, services, features, promotions, and applications not otherwise described in these Terms that we provide to you or that we make available on Allvoi's website at https://allvoi.com/wireless/ or any sub-webpage or sub-domain thereunder (the "Website" or "Supplemental Materials"). In the event of any conflict between these Terms and any Supplemental Materials, these Terms control.
Acceptance of the Terms
You represent that you are at least 18 years old and/or that you are legally authorized to accept these Terms and to enter into this Agreement. Your Agreement with Allvoi begins when you accept these Terms by: (a) giving us a written or electronic signature or telling us orally that you accept, or by otherwise accepting through any other printed, oral, or electronic means; (b) paying for Service; (c) activating the Service; (d) using or attempting to use the Service in any way; (e) upgrading or modifying the Service; (f) opening any Device packaging; (g) or starting any application, program or software that states you are accepting. If you do not want to accept these Terms, please do not take any of these actions.
Wireless Advertising Policy
Recent CTIA guidelines require us to use certain practices in requesting that you "opt-in" or in securing your consent to allow us to send advertising and/or soliciting text messages to you via a mobile or wireless device. By accepting these Terms you agree that we may send you text messages that provide you the ability but not the obligation to opt-in or consent to such advertising text messages. If you opt-in, we may send such advertising text messages at various frequencies to you and you may opt-out or withdraw your consent from/to receiving them at any time. You may read more about the CTIA and its wireless guidelines at https://www.ctia.org/the-wireless-industry/wireless-industry.
Other Terms
Other terms and conditions, including end user license agreements, apply to certain applications, software, products, programs, services, promotions, and features that we provide to you, that you obtain from a third party through us, or that you obtain directly from a third party. These other terms and conditions may be significantly different from the Terms that are part of your Agreement. It is your responsibility to read and understand any other terms and conditions before you accept them. We are not responsible for any third party terms and conditions.
Our Right to Change Terms and Rates
We may change any part of the Agreement at any time, without advance notice including but not limited to these Terms, Supplemental Materials, rates, rate plans, features, products, fees, expenses, coverage areas, roaming partners, international calling plan destinations, provisioning technology, and Charges for your Service. Changes become effective when posted on Allvoi's Website. We will attempt to provide you with notice of material changes by text message or by such other means practicable, as determined by Allvoi, but do not guarantee that you will receive notice of any changes. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept that change. Do not access or use our Services after the effective date of a change if you decide to reject the change and cancel Service. You will not be entitled to any refund or credit for the unused portion of your account balance if you decide to cancel Service before your monthly or yearly Service period ends.
Termination
Either party may terminate this Agreement (which will end your Service with Allvoi) at any time and for any reason. You are responsible for all Charges until your account is deactivated and for any remainder of the month during which you terminate. You shall also be responsible for any termination fee(s) that your particular plan or service requires. You may also request that we transfer ("port") your number to another carrier and Service for that number will be cancelled when the porting is complete. We reserve the right to charge a fee if you request to port your number. You are responsible for all Charges until the port-out is complete. We do not guarantee that number transfers to or from us will be successful. You will not receive a refund or credit for any unused portion of your account balance if you decide to terminate Service before your monthly or yearly Service period ends.
You agree that we may, in our sole discretion, without limitation and without notice, limit, interrupt, suspend or cancel your Service for any reason, including, but not limited to: (a) any conduct that we believe violates the Agreement, these Terms, or our Policies; (b) your failure to have or maintain an adequate account balance; (c) if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives; or (d) if we have reason to believe that your Device or our Service is being used for an unlawful or fraudulent purpose, a Prohibited Use or in a way that may adversely affect our Service.
Service Plans
Allvoi offers monthly and yearly Service plans for Devices ("Plans," "service," and/or variation thereof). Unless otherwise prohibited by your specific plan terms or type of Device, you may change your Allvoi Service Plan once in any monthly Service period, although we may prohibit or restrict any plan change we believe is in violation of these Terms or any applicable Policy. In addition, we reserve the right to change your Plan if your Device is not supported by the Plan you selected. Some Plan changes may be conditioned on the payment of certain charges, and, depending on your plan, you may forfeit your remaining Plan balance if you change Plans. Information on our Plans is available at the Website.
Charges
You are responsible for paying all Charges for Services provided under this Agreement, including Charges made by any person you permit to have direct or indirect access to your Device even if you did not authorize its use. These include, but are not limited to, (a) monthly access charges; (b) usage charges (if your plan includes metered usage); (c) charges for features and add-ons; (d) taxes, fees and other assessments imposed by the government that we are required to collect and remit to the government (to determine your primary place of use ("PPU") and which jurisdiction's taxes and assessments to collect, you are required to provide us with your street address; if you do not provide an address or it is outside our Service area, we will designate a PPU within the Service area for you and we may terminate your Service); (e) other fees and charges including activation, reactivation, prepayment, convenience fee up to 10% of the device price, restocking fee up to 10% of the device price, Device unlocking, SIM replacement, number change, express delivery, upgrade, program, or other fees, including specific transaction fees, relating to Services and Devices purchased from us; and (f) surcharges that we collect and retain from our customers that include, but are not limited to, Federal or State Universal Service fees, regulatory charges, administrative fees, and government taxes or fees imposed on gross receipts, sales and/or property that we incur in providing Services to our customers. Surcharges are not taxes, and we are not required by the government to collect them from you. We determine the rate of these charges, and the amounts are subject to change. IF YOU DISPUTE ANY CHARGES, YOU MUST NOTIFY US IN WRITING AT ALLVOI'S ADDRESS INDICATED ON YOUR BILL WITHIN 30 DAYS OF INCURRING THE CHARGE OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE IT AND TO BRING OR PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE.
Billing
You will not have access to detailed usage records for most Services, and we will not provide you with monthly bills. You may access your account on our website or on your Device. We will attempt to send you monthly SMS reminders of your account status, but we cannot guarantee that you will receive them or that you will receive them before your account is suspended or cancelled.
Payments and Account Balance
The availability of Services depends upon your payment in advance of all Charges when they are due. If you fail to make payments when due, the Services will be suspended and/or cancelled. By making a payment you will have access to Services for a limited amount of time and you must use the Services during the designated period of time; any unused allotment of Services from one designated period of time will not carry over to the next period (i.e., Services do not roll-over). Charges for our Services and the amount of time Services are available following activation may vary. If your account is deactivated for nonpayment it will be placed in suspend mode for 60 days. If your account is not replenished before the end of the 60 day suspend period, it will be cancelled. Amounts paid for Service Charges are non-refundable and account balances are not transferable, refundable, or redeemable for cash. If your account is suspended or cancelled, for any reason, any remaining balance will be forfeited. When your account is cancelled we will re-assign the phone number associated with your account, and that phone number, identification number, or email address associated with your account may no longer be available to you. We may also charge you a fee to reactivate Service depending on when you reactivate.
Automated Payment Processing
AutoPay – is an Automated Payment Processing service from Allvoi Wireless. It’s easy, convenient, free and safe. With AutoPay you will never miss a payment due date which otherwise may result in late payment fees. Once a month the amount of your monthly bill will be automatically charged to the credit/debit card you’ve previously provided. By choosing AutoPay Program you’re authorizing Allvoi Wireless to charge your credit/debit card once a month in the amount of your monthly bill. You have a right to cancel AutoPay processing from your account at any time. However, AutoPay cancellation will result in an additional $2.00 fee to your monthly service plan.
Account Access
An account password or PIN may be assigned to you. In order to protect the security of your account, you should change this password or PIN as soon as possible after your account is activated. If you do not change your password or PIN, your account may not be secure. You agree to protect your password or PIN, and other account access credentials from loss or disclosure. You authorize us to provide information about and to make changes to your account, including the purchase of products and/or Services, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our Services or other matters we believe may be of interest to you. We may contact you by any means regarding customer service-related notifications, or other such information.
Devices
Allvoi does not manufacture any Device that we sell or that can be used with our Services and we are not responsible for any defects, acts, or omissions of the Device manufacturer. The only warranties on Devices may be the limited warranties that may be provided by the manufacturer (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER). Any Device used with our Service must be compatible with and not interfere with our Services, and must comply with all applicable laws, rules, and regulations. If you use your own Device with our Service, it must be compatible with and must not harm our network. If you use your own Device, certain network and Device features and functionality may not be available and/or may not function properly with your own Device. We reserve the right to prevent you from using any Device on our network. All Device performance may vary based on your Device specifications including processor capabilities, software, memory and storage, and Device performance may impact access to all of our Services. We may periodically program Devices on our network remotely with software, system settings, applications, features or programming, without notice, either prior to, during or after service activation. These changes will modify the Device you use and may affect or erase data you have stored on the Device, the way you have programmed the Device, or the way you use the Device. You may be unable to use a Device until the remote programming is complete, even in an emergency. Devices purchased from Allvoi are sold exclusively for use with our Service, are designed for use only on Allvoi's network, and no other, and may not function on other wireless networks. By purchasing a Device from Allvoi you agree to activate and use it with our Service. You also agree that you will not make, nor will you assist others to make, any modifications to any Device you purchase from Allvoi or programming to enable it to operate on any other system or network. You understand and acknowledge that Devices you purchase from Allvoi are sold solely for use with our network and that we will be significantly damaged if you use or assist others to use our Devices for any other purpose. You will be liable to Allvoi for any damages resulting from conduct prohibited in this section.
Return and Exchange Policy
If you purchase any device from Allvoi Wireless, you shall have 30 calendar days following such a purchase to return the device for a refund of its purchase price minus any shipping and handling charges under the following conditions. After such a 30 calendar days period, you shall have no right to return such a device for any refund and Allvoi Wireless shall have no obligation to accept such a return or to issue any refund.
Allvoi Wireless will refund the device’s purchase price minus any shipping and handling charges if you return: (1) the device within said 30 calendar days period; (2) all of the device’s original accessories, (3) all of the device’s original packaging, and; (4) the returned device is in a like new condition without any sign of wear and/or tear. Allvoi Wireless shall have the right to reduce such a refund by: (1) 25% of the purchase price if any original packaging is missing, and/or (2) another 25% of the purchase price if the returned device shows light wear and/or tear. Also, returned non-discounted devices are subject to a 10% restocking fee deducted from the refund. Restocking fee can be waived if a non-discounted device is returned within 14 days and the original packaging was never opened. If the device is broken, in a condition that is not like new, and/or does not work, then you shall have no right to return such a device for any refund and Allvoi Wireless shall have no obligation to accept such a return or to issue any refund.
Device Unlocking
If you bought a Device from Allvoi, it may be programmed with a SIM lock which will prevent it from operating with other compatible wireless telephone carriers' services.
Information on Your Device
Your Device and SIM card may contain sensitive personal information (such as financial, healthcare, social security numbers, credit card numbers, pictures, videos) that you may wish to protect and not disclose to others. Allvoi is not responsible for any of the information on your Device. You must remove any sensitive personal information from your Device before you return, exchange, recycle, or otherwise give up control of your Device. Information may remain on your device even if you remove the SIM card. Information left on your Device will be accessible to others who use your Device.
Lost or Stolen Devices
You must contact us immediately to report a lost or stolen Device. You are responsible for all Charges incurred on your phone number until you report the theft or loss to us. After you report the theft or loss, you remain responsible for complying with your obligations under this Agreement including the payment of any monthly Service fees. You further agree to cooperate in the fraud or theft investigation and to provide us with information and documentation (including any proof of loss and police reports) as we may reasonably request.
Availability of Service and Coverage
Availability of Service and Coverage Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, issues with a provider's network, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We do not guarantee the availability of the wireless network or any Wireless Services. You must be in the Allvoi coverage area to place or receive calls. We do not guarantee network coverage or performance.
Rate Plans
Please find a description of Allvoi's current wireless service plans on the Website.
Some Allvoi's Wireless Service rate plans offer unlimited domestic voice and text or voice, text and data access, depending on your plan and Device type. Allvoi caps download speeds on all its rate plans at 4G LTE/4G.
Allvoi's Residential Unlimited Plan ("Residential Plan") provides each Allvoi customer with a substantial number of wireless minutes and text messages for "Personal" and "Residential" use during each billing period based in part on network availability. Personal means that a customer's Residential Plan must not be used regularly by person(s) other than either the customer or the person for whom the customer purchased the Residential Plan. Residential means that a customer's Residential Plan usage must not reflect use patterns or volumes of a business or organization. The Residential Plan's monthly number of minutes and text messages is substantially above the industry average standard for Personal and Residential wireless usage. Allvoi reserves the right to determine whether a customer's wireless usage is not Personal and/or Residential. Based on such determination(s), Allvoi may require a customer to pay additional fees as well as suspend and/or terminate the customer's Residential Plan. These are common restrictive measures that are established to prevent a network overload which may result in service disruption to all customers.
NETWORK MANAGEMENT FOR ALL PLANS THAT ALLVOI PROVIDES: A customer's service area, network availability, data speed, coverage and quality may vary based on a number of factors, including network capacity, terrain and weather. Outages and interruptions in Allvoi's service may occur, and speed of such service for any customer may vary. Customers' devices also have varying speed capabilities and may connect to different networks depending on technology. The following conditions will impact and/or reduce customers' data speeds and service availability: device capability, network changes, traffic volume and congestion, outages, data usage, technical limitations, signal strength, network capacity, obstructions, weather, and other conditions. To provide the best possible experience for the most possible customers on Allvoi's plans and minimize capacity issues and degradation in network performance, Allvoi may, without advance notice to its customers, take any actions necessary to manage Allvoi's network, including prioritizing the data usage of a percentage of data users below that of other customers at any time and location for the remainder of the customers' billing cycles or shorter time periods.
Voice Services
Voice Services are provided primarily for live dialog between two individuals. If Allvoi determines that you are using our Voice Services for other than live dialog between two individuals, we may terminate your Service.
Airtime Usage (Counting of Minutes)
If your Service includes measured voice usage, your airtime is charged in full-minute increments, and actual usage is rounded up to the next full-minute increment at the end of each call. We charge a full minute of airtime usage for every fraction of the last minute of airtime used. Airtime or the first minute of any call under an Allvoi Wireless plan begins for any outgoing call when you press SEND (or similar key) regardless of whether the recipient answers the call or not and/or whether the call connects, and for incoming calls when a signal connection from the caller is established with our facilities. Airtime ends after you press END (or similar key), but not until the disconnect signal is received and confirmed. All outgoing calls for which we receive answer supervision or which have at least 30 seconds of airtime, including ring time, will incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered, but may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Airtime may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Airtime may also occur from other uses of our facilities, including voicemail deposits and retrievals, and call transfers. Calls that begin in one rate period and end in another rate period may be charged during the period in which the call began.
Data Services - Permitted Uses
Allvoi provides wireless data and messaging Services, including, but not limited to, features that may be used with data services and wireless content and applications ("Data Services"). Our Data Services are intended to be accessed with your Device for the following permitted activities: (a) web browsing; (b) email; (c) internet access; (d) uploading and downloading ordinary applications and content to and from the Internet; and (e) using applications and content without excessively contributing to network congestion. You agree that Allvoi may engage in any reasonable network management practice and that you will use Allvoi's Data Services only for these permitted activities.
Data Services - Applications and Content
Our Data Services may allow you to access the Internet where you will have access to text, pictures, video, games, graphics, music, email, applications, sound, and other materials primarily from third party content providers unaffiliated with Allvoi ("Data Content") and where you will have the ability to send, receive and share Data Content. You may also purchase Data Content with your Device from us or from third parties. Allvoi is not a publisher of third party Data Content and is not responsible for any opinions, advice, statements, or other information, services or goods provided by third parties. Third party Data Content may among other things be offensive, indecent, violent, pornographic, inappropriate, false and misleading, inaccurate, unreliable, and unsuitable for children and minors - you are solely responsible for any third party Data Content accessed through our Data Services. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by Allvoi or any content providers or other third party. Neither Allvoi nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, or other content acquired through our Data Services. Third party Data Content may harm your Device and its software, and we are not responsible for any third party Data Content that you download, install, or use with our Data Services.
Data Usage
We measure data usage by the kilobyte, megabyte or gigabyte, where 1024 kilobytes equals 1 megabyte, and 1024 megabytes equals 1gigabyte. To determine your data usage, we calculate in full-kilobyte increments, and actual usage is rounded up to the next full kilobyte increment at the end of each data session. Data usage occurs whenever your Device is connected to our network and is engaged in any data transmission. This includes among other things, sending and receiving email, texts, documents and content; accessing websites; and downloading and using applications and content. Some applications, content, programs and software that you download or that come pre-loaded on your Device automatically and regularly send and receive data transmissions without any action by you and without your knowledge. For example, applications that provide real-time information and location-based information connect to our network and continuously send and receive updated information. In addition, any advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, as well as any messages or content initiating a response to an advertisement, will count toward your data usage. Network overhead, software update requests, email notifications, and resend requests caused by network errors can increase data usage. You will be charged for all data usage when your Device is connected to our network, whether you initiate the connection or it runs automatically in the background and whether successful or not.
Unlimited Data Access
You agree that "unlimited" means you pay a single monthly flat rate that we reserve the right to adjust and that includes wireless data service regardless of how much data you use in a monthly Service period. You further agree that "unlimited" does not mean that you can use Allvoi's wireless data Service in any way that you choose or for any prohibited uses, and that if you use your unlimited data plan in any manner that is prohibited, Allvoi can limit, interrupt, suspend or cancel your Service. Any unlimited plan we offer is subject to these Terms, including the restrictions against prohibited uses and misuse and abuse of our Services and Devices, any reasonable network management practices by us.
Location-Based Services
Allvoi collects information about the approximate location of your Device in relation to providers' cell towers and the Global Positioning System. We use that information, as well as other usage and performance information also obtained from our network and your Device, to provide you with wireless voice and data services, including services which may be provided by third parties, and to maintain and improve our network and the quality of your wireless experience. We may also use location information to create aggregate data. It is your responsibility to notify users on your account that we may collect and use location information from Devices. Your Device is also capable of using optional content at your request or the request of a user on your account, offered by Allvoi or third parties that make use of your Device location information.
Software
The software, interfaces, documentation, data, and content provided for your Device may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by Allvoi (hereinafter "Software") is licensed, not sold, to you by Allvoi and/or its licensors/suppliers for use only on your Device. You are not permitted to use the Software in any manner not authorized by this license. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains proprietary content and information owned by Allvoi and/or its licensors/suppliers. Allvoi and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You acknowledge Allvoi's Software licensors/suppliers are intended third party beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty provisions found in this Agreement.
Intellectual Property
You must respect the intellectual property rights of Allvoi, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by Allvoi or accessed through Allvoi's websites. Except for material in the public domain, all material displayed in association with our Services are copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.
Prohibited Uses and the Misuse and Abuse of Services and Devices
When you purchase, activate or use our Services or any Devices you agree that you will not misuse or abuse our Services or Devices by doing, among other things, any of the following: (a) purchasing a Device without intending to activate or use it on our network; (b) reselling or rebilling our Services, or reselling Devices purchased from Allvoi; (c) modifying your Device from its manufacturer's specifications; (d) activating a Device on a Service Plan or with a feature or product not designated for its use; (e) using our Services or any Devices for any fraudulent or unlawful purpose; (f) using voice services as monitoring services, for data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialog between two individuals; or (g) using any Service in a manner that is burdensome or unusually excessive when compared to other customers in your area on similar plans.
Allvoi's Data Services are not intended to be used in any manner which has any of the following effects and such use is prohibited if in Allvoi's sole discretion it: (a) conflicts with applicable law; (b) hinders other customers' access to the wireless network; (c) compromises network security or capacity; (d) excessively and disproportionately contributes to network congestion; (e) adversely impacts network service levels or legitimate data flows; (f) degrades network performance; (g) causes harm to the network or other customers; (h) tethers a Device to any other device (such as a computer, smartphone, other phones, eBook or eReader, media player, laptop, notebook, tablet, mobile hotspots, gaming consoles or other devices with similar functions) in any manner, including, without limitation, through use of connection kits, applications, devices or accessories (using wired or wireless technology), or inserting a Allvoi SIM card into a modem, router or laptop, unless you have subscribed to a Service plan with a limited high speed data allowance and a feature offered specifically for tethering; (i) requires a specific Service Plan or feature for that particular use and you have not subscribed to that required Service plan or feature, or (j) is excessive or unreasonable.
Your Device uses a Allvoi SIM Card to access our Data Services. You are prohibited from using Allvoi this SIM Card with any device other than a basic phone, smartphone, or tablet Device to access our Data Services.
Allvoi's Data Services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of our wireless network or systems, or another entity's network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use Allvoi's wireless services or other parties' Internet-based resources. For example, this includes, but is not limited to, malicious software or "malware" that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; "denial of service" attacks against a network host or individual user; and "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email). Allvoi's Data Services may not be used in any manner that has the effect of excessively and disproportionately contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained or continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; "auto-responders," "cancel-bots," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of data services as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions. Allvoi's Data Services may not be used with high bandwidth applications, services and content not optimized to work with Allvoi's wireless data services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices.
In addition to any other actions Allvoi may take for violations of these Terms, if in our sole discretion we reasonably believe that you are using Allvoi's Data Services in any manner that is prohibited by this Agreement, which Allvoi may determine by reviewing your account's data usage, the Devices or devices used on your account, or in any other manner we determine appropriate, then we may without advance notice, and at our option, take any or all of the following actions: (a) reduce your Data throughput speeds; (b) restrict, interrupt or terminate any data session; (c) suspend, cancel or terminate your Data Services; (d) terminate your account; (e) move you to a more appropriate Service Plan with increased data or high speed data access allowances; and/or (f) decline to renew your wireless service.
You agree not to engage in conduct toward our employees, customers, or others that involves the use of abusive, derogatory, insulting, threatening, vulgar, offensive or similarly unreasonable language or behavior; engage in conduct that is harmful to, interferes with, damages, or adversely affects our network and infrastructure, property, Services, Devices, operations, customers, reputation, intellectual property rights, or that results in the publication of threatening, offensive or illegal material, or generates spam or other abusive messaging or calling, a security risk, or a violation of privacy; or violate, in any way the Agreement or Supplemental Materials.
Network and Service Protective Measures
We may, at our sole discretion, take any action to protect and maintain the integrity of our network, our rights and property, our Services, or the rights and interests of others, including, but not limited to (a) modifying, without advance notice, the permitted and prohibited data activities, and the optimization requirements for your Data Services; (b) engaging in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum; (c) reducing your data throughput speeds at any time or place if your data usage exceeds an applicable usage threshold; (d) using reasonable methods to monitor and collect customer usage information to better optimize the operation of the network; (e) changing the Service Plan you selected to a Service Plan identified by Allvoi as appropriate for the Device being used; (f) interrupting, suspending, canceling or terminating your Wireless Services or plan without advance notice; and (g) blocking access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
Incorporation of the Website
Any and all terms, words, or other writings on our Website other than these provisions/terms (i.e., Terms) or on a document or agreement, including any plan and/or service description thereon, that you sign when subscribing (i.e., signing up) with us ("Website Addition") shall be incorporated into these binding Terms to the extent that such a Website Addition does not contradict the same. To the extent that a Website Addition does contradict these Terms, then they shall not be incorporated and these Terms shall supersede and be binding upon you.
Disclaimer of Warranties
ALLVOI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW), WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING OUR WIRELESS SERVICES, DEVICES, APPLICATIONS, SOFTWARE, OR OTHER SERVICES SUBJECT TO THE AGREEMENT. WE DO NOT PROMISE OR GUARANTEE UNINTERRUPTED OR ERROR FREE SERVICE OR COVERAGE. AND WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE CONNECTED OR FOUND.
Agreement and Certain Release due to No Fault
By virtue of signing up to any Allvoi service, whether via phone, the Website, or otherwise, and/or paying for and/or using the same, you agree that you have read and understand the entire Terms that shall be binding between us and/or any user of your Allvoi service. Further, you release ("release") Allvoi from and waive all liabilities, damages, legal fees, other costs and/or responsibility ("damages), whether in law or in equity of any applicable jurisdiction, that may result or be associated with your misunderstanding or ignorance of the Terms. If you choose to provide Allvoi any personal or identifying information, you to the same extent release Allvoi and waive the same damages in the event that such information falls into the public domain or is otherwise misused through no fault of Allvoi, including a "hack(ing)" or similar digital/online event by a third or unrelated party.
Limitations on Service and Liability
You agree that, unless prohibited by law, the following limitations of service and liability apply and that neither we nor our parent companies, subsidiaries, affiliates, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) any act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or failures or defects in the Services or Software or Devices provided by or through us; (c) damage or injury caused by the use of Services, Software, or Device, including while used in a vehicle; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of Services or Software; (f) damage or injury caused by an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911or any other emergency service; (g) any health-related claims relating to our Services or Devices; (h) data content or information accessed while using our Services; (i) loss or disclosure of any sensitive information you transmit; (j) interrupted, failed, or inaccurate location information services; (k) information or communication that is blocked by a spam filter; (l) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Allvoi storage space, including damage or loss from your use of the Services or from viruses, worms, or downloads of malicious content, software, materials, data, text, images, video, or audio; or (m) things we cannot control, including acts of God (such as hurricanes, tornados, fire, earthquake, etc.) riot, strike, war, terrorism, or government action.
Limitation of Liability - No Consequential Damages
UNLESS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES IS ALLVOI LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, MULTIPLE, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER YOU OR ANY THIRD PARTY MAY SUFFER BY USE OF, OR INABILITY TO USE, SERVICES, SOFTWARE, OR DEVICES PROVIDED BY OR THROUGH ALLVOI WIRELESS, INCLUDING LOSS OF BUSINESS OR GOODWILL, REVENUE OR PROFITS, OR CLAIMS OF PERSONAL INJURIES. THIS LIMITATION AND WAIVER ALSO APPLIES IF YOU BRING A CLAIM AGAINST ONE OF OUR SUPPLIERS OR PROVIDERS IF WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER OR PROVIDER FOR THE CLAIM.
Indemnification
You agree to indemnify, defend and hold Allvoi (including its officers, directors and employees) and our parent companies, affiliates, providers, vendors, suppliers and licensors harmless from and against any and all claims for damages of any nature arising in any way from or relating to, directly or indirectly, the Services, Devices, or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM ALLVOI'S ALLEGED NEGLIGENCE, or any violation by you of the Agreement.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Summary:
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at our customer service phone number that you may access at our website https://allvoi.com/wireless/. In the unlikely event that Allvoi's customer service department is unable to resolve a complaint you may have to your satisfaction (or if Allvoi has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Allvoi is not liable or responsible for any legal fees or other expenses that you incur in the arbitration proceeding or any action.
Arbitration Agreement:
Terms That Apply to Specific Jurisdictions
California: Unauthorized Charges
You are not liable for charges you did not authorize, but the fact that a call was placed from your Device is evidence that the call was authorized. Unauthorized charges may include calls made to or from your Device after it was lost or stolen. Once you report to us that the Device is lost or stolen and your Device is suspended, you will not be responsible for subsequent charges incurred by that Device. You can report your Device as lost or stolen and suspend Services without a charge by contacting us at our customer service phone number that you may access at our website https://allvoi.com/wireless/, the Website, and/or or by calling 611 from your wireless Device. If you notify us of any charges on your bill you claim are unauthorized, we will investigate and advise you of the result of our investigation within 30 days. If you do not agree with the outcome, you may file a complaint with the California Public Utilities Commission, and you may have other legal rights.
Connecticut: Questions About Your Service
If you have any questions or concerns about your AllvoiAllvoi Wireless Service, please call Customer Care at our customer service phone number that you may access at our website https://allvoi.com/wireless/ or dial 611 from your wireless phone. If you are a Connecticut customer and we cannot resolve your issue, you have the option of contacting The Public Utilities Regulatory Authority (PURA). Online: https://www.ct.gov/pura; Phone: 860-827-1553 ; Mail: Ten Franklin Square, New Britain, CT 06051.
Puerto Rico
If you are a Puerto Rico customer and we cannot resolve your issue, you may notify the Telecommunications Regulatory Board of Puerto Rico of your grievance. Mail: 500 Ave Roberto H. Todd, (Parada 18), San Juan, Puerto Rico 00907-3941; Phone: 1-787-756-0804 or 1-866-578-5500; Online: www.jrtpr.gobierno.pr, in addition to having available arbitration, as provided above.
Other Important Terms and Provisions
ASSIGNMENT: Allvoi may assign the Agreement; but, you may not assign the Agreement without our prior written consent.
SEVERABILITY: If any provision of the Agreement is found to be unenforceable by a court, arbitrator(s), or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
CHOICE OF LAW: The law of New York State shall govern the Agreement except that conflict of law principles shall not apply.
ENGLISH LANGUAGE: The original version of the Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
ENTIRE AGREEMENT: The Agreement constitutes the entire agreement between you and Allvoi, and supersedes any and all prior agreements and understandings relating to the subject matter of this Agreement. SURVIVAL: Those provisions of these Terms that would, by their very nature, continue beyond the termination of Services (including dispute resolution by binding arbitration, warranty disclaimers, limitations on liability), shall survive termination of Services.
Terms of Service
ALLVOI Agreement
Thank you for selecting Allvoi as your Voice-Over-Internet Protocol (“VoIP”) service provider. This Agreement is between Allvoi, Powered by Master Call, a New York based company and the person selecting an Allvoi Plan (“You”, “Subscriber” or “Customer”) for your use of the Allvoi VoIP Services (“Service”) or (“Agreement”). The term “User” means You or any other person using the Service under your Allvoi account and You are responsible for your and all other Users’ use of the Services.
BY ENROLLING IN, USING, OR PAYING FOR THE ALLVOI SERVICE, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICE, AND CANCEL THE SERVICE IMMEDIATELY by calling Allvoi Customer Service Number listed at www.allvoi.com.
The Agreement governs the Service and any devices, such as the Analog Telephone Adapter or any other IP connection device or software ("Device" or "Equipment" or "CPE"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understand, and you agree to, the terms and conditions of the Agreement, and you represent that you are of legal age to enter the Agreement and become bound by its terms.
Allvoi may change the Terms and Conditions of the Agreement at any time. Notices will be considered given and effective on the date posted at www.allvoi.com. The Agreement posted supersedes all previously agreed to electronic and written Terms and Conditions.
Rates and charges for Allvoi service (www.allvoi.com) are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at www.allvoi.com.
SERVICE
Term
Service is billed on a calendar-month basis for a term which begins on the date that you signup for Allvoi service and closes on the last day of the calendar-month. You may gain immediate access to the service by downloading free Allvoi Talk smartphone app prior to receipt of their Allvoi VoIP phone or adapter if ordered during signup. Subsequent terms of this Agreement automatically renew on a calendar-month basis without further action by you. You may terminate your Allvoi service by logging into the My Account section of www.allvoi.com on or before the last day of the calendar-month and following procedures for cancellation. You are purchasing the Service for full calendar-month terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full calendar month's charges to the end of the then-current term, including without limitation unbilled charges under the terms of this Agreement, all of which immediately become due, payable, and chargeable to your credit card. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement. New customers to Allvoi are billed the prorated portion of the service plan for the calendar month in which they activate service. Customers upgrading/downgrading their plan to higher/lower minute plans, may do so at any time during the calendar month. The upgrade becomes effective on the first day of the next calendar month. If you exceed your $50 credit limit during the calendar month, Allvoi will automatically charge your credit card of record $50 to restore your credit limit and maintain continuous service. This charge is not a penalty or a fee. It is used to pay for usage that is outside of the regular plan.
Equipment Requirements
The Service requires standard SIP based customer premise equipment ("CPE" or "device") which will be provided by Allvoi or approved agents of Allvoi pursuant to the terms of this Agreement. Use of the Service without such approved equipment is strictly prohibited Adapter and Allvoi Talk application are all considered by Allvoi to be a device. There is a three device limit on residential accounts which includes any combination of the one adapter (1 device) and up to 2 smartphone application (up to three devices). Calls can be made only from two devices simultaneously. Devices are not sold to non-Allvoi subscribers.
Professional Installation: Allvoi provides self-installation instructions for the voice adapter/netphone. If you prefer to have a professional installation of your voice adapter/netphone at your home, you may elect to schedule professional installation for $50. If you choose to utilize professional installation of the equipment, we can send a technician to your premises where any of the following on-site services are performed:
Installation of Allvoi provided equipment and connection to one User personal computer that meets minimum system requirements and installation of the voice adapter/netphone.
Note: Maximum of one (1.0) hours of total technician’s time on User’s premises per Optional Install. Professional installation availability varies by state.
Residential Use of Service
If you have subscribed to Allvoi's Residential services, the Service is provided to you as a single usage residential plan for single family, normal residential use. Single usage means that you and others may not use Allvoi for simultaneous calling or as a shared account. Allvoi residential use is for your own personal, residential, non-business and non-professional use. This means that you agree not to use, and may not use, the Service for any commercial activities, governmental activities, profit-making activities, and/or non-profit activities, including but not limited to home office, business, sales, tele-commuting, tele-marketing, auto-dialing, continuous or extensive call forwarding, call relaying, fax broadcast, fax blasting and any other activity that would be inconsistent with normal residential usage patterns by any and all residential plans including unlimited plans. This also means that you agree not to, and may not, sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior express written permission from Allvoi.
Unusual calling patterns, excessive caller and calling destinations or excessive usage (calculated as a multiple determined by Allvoi times the monthly average residential usage of Allvoi customers) will be considered as indicators that your use of the Service may be inconsistent with normal residential usage and subject to the terms of this agreement. Allvoi makes such determination based on your usage patterns and other criteria determined by Allvoi to differentiate between residential and non-residential use. In addition to and without prejudicing or waiving any other remedies that it is entitled to and after it has determined in its sole discretion that you have violated the residential agreement, Allvoi reserves the right to terminate the Service.
You agree that any payment made to Allvoi pursuant to this section is made as liquidated damages and not as a penalty, because it would be difficult if not impossible to ascertain damages. In the event that Allvoi has to take legal action to enforce the provisions of this section, the prevailing party shall be entitled to its reasonable expenses, including attorney’s fees, regardless of whether in house or outside counsel is employed.
Allvoi "Unlimited Home," "Unlimited Home Plus," “Unlimited Bangladesh Home” & “Unlimited Bangladesh Home Plus” addendum
These products are intended for home use. "Unlimited Home," “Unlimited Home Plus,” “Unlimited Bangladesh Home” and “Unlimited Bangladesh Home Plus” plans reflect the names of the plans for promotional reasons and have no underlying meaning. The word “Unlimited” is not to be interpreted literally, but as a reference to the high number of minutes allowed by the plans. The minutes allowed in these plans are limited as follows. "Unlimited Home" plan allows for 2000 minutes of local, long distance, and international calling to selected destinations* within the plan. "Unlimited Home Plus" plan allows for 4000 minutes of local, long distance, and international calling to selected destinations* within the plan. “Unlimited Bangladesh Home” plan allows for 250 minutes of local, long distance, and international calling to Bangladesh and 500 minutes of local, long distance, and international calling to other selected destinations* within the plan. “Unlimited Bangladesh Home Plus” plan allows for 750 minutes of local, long distance, and international calling to Bangladesh and 1500 minutes of local, long distance, and international calling to other selected destinations* within the plan. “Pakistan Premium 750” plan allows for 750 international calling to Pakistan* within the plan. Domestic calls are counted towards residential use limits. Usage beyond plans' set limit or excessive usage and/or calls to the countries that are not part of the plan will result in a per minute charge. Taxes are applicable to any usage outside of the plan. Per minute rates can be found by visiting "Rates" section of our website, accessible at www.allvoi.com/rates.
Selected destinations include: Andorra, Argentina, Australia, Brazil, Canada, Chile – Santiago, China, Cyprus, Denmark, France, Germany, Greece, Guadeloupe, Hong Kong, Hungary, Iceland, India, Ireland, Israel, Italy, Japan, Kazakhstan, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Peru, Poland, Portugal, Puerto Rico, Romania, Russia – Moscow, Russia - St. Petersburg, Slovakia, South Africa, South Korea, Spain, Sweden, Switzerland, United Kingdom (UK), and USA (50 states).
Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Allvoi reserves the right to terminate the Service immediately and without advance notice if Allvoi, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges all of which immediately become due, payable and chargeable to your credit card. If Allvoi, in its sole discretion believes that you have violated the above restrictions, Allvoi may forward the objectionable material, as well as your communications with Allvoi and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.
Use of Service and Device by Customers Outside the United States
Allvoi allows use of the Service inside or outside of the United States. However, if you use it outside the United States you do so at your own risk. If you remove the Device to a country outside the United States and/or use or attempt to use it there, you do so at your own risk, including but not limited to the risk that such activity violates the laws of the country where you do so, and/or violates the export laws of the United States and/or the import laws of that other country. Allvoi and its affiliates assumes no liability for your failure to comply with the laws of the foreign country where you use the Service. Allvoi and its affiliates takes no responsibility or legal liability for your failure to notify us of a change of address related to E911.
Loss of Service Due to Power Failure or Internet Service/Broadband Outage
You acknowledge and understand that the Service does not function in the event of a power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require you to reset or reconfigure the Device and other CPE equipment prior to using the Service. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet and that, accordingly, in the event of an outage of, or termination of broadband service with or by your Internet service provider ("ISP") and/or broadband provider, the Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service will not function until the power supply is restored and/or the ISP/broadband outage fixed. You will continue to be billed for the Service during such failures, terminations and/or outages unless and until you or Allvoi terminate the Service in accordance with this Agreement.
Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Allvoi's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Allvoi and its affiliates are and shall remain the exclusive property of Allvoi and Master Call and nothing in this Agreement shall grant you the right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. You expressly agree that the Device is exclusively for use in connection with the Service and that Allvoi will not provide any passwords, codes or other information or assistance that would permit or enable you to use the Device for any other purposes. If you decide to use the Service through an interface device not provided by Allvoi, which Allvoi reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Allvoi and its affiliates against any and all liability arising out of your use of such interface device with the Service. You agree not to reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
Tampering with the Device and Service
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Allvoi in each instance, which Allvoi may grant or deny in its sole discretion. Allvoi reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges all of which immediately become due and payable. You agree not to disrupt or hack the Service or to make or attempt to make any use of the Service that is inconsistent with its intended purpose.
Theft of Service or Device
You agree to notify Allvoi immediately, in writing or by calling the Allvoi customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you.
Number Portability
Allvoi signup allows you to select a temporary number from any available area code during signup. If you wish to keep your existing number from your home phone, enter your current number in the keep your number field during signup. Following sign up, we will verify the number is eligible to be ported to your ALLVOI account (Some restrictions apply, not all numbers can be ported). Depending on your current provider, there is a one-time porting fee of $8.99. The process can take from 14 to 35 days to complete. You can use your temporary number until your number is ported.
Number Transfer on Service Termination
Allvoi may release any telephone number that was ported in to Allvoi by you and used in connection with your Service to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your Allvoi account is completely current including payment for all charges; and (ii) you request the transfer upon terminating your account. Porting your number to a new provider does not automatically terminate your account. Once the number is ported out, you are required to call ALLVOI Customer Service at 1-877-425-5864 to close your account.
Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by Allvoi. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums.
No 900 Calls
The Service does not permit calls to 900 numbers or other pay-per-call services.
No Operator Service
The Service does not support calls to operator services.
No Collect Calls
The Service does not support collect calls.
Directory Assistance
Calls to 411 Directory Assistance are free. Calls to any other directory assistance service are billed per call. For example, Directory Assistance (1-XXX-555-1212) excluding toll-free Directory Assistance (1-8---555-1212) will incur a charge of $0.25 per minute.
Emergency Calling – 911 Dialing
With traditional Enhanced 911 (“E911”) emergency Service, when you dial “911”, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have immediate access to your telephone and address, thus permitting them to respond to your emergency call or to call you back if necessary. With Allvoi’s Service, if you are located in an area where the emergency center does not support E911 emergency Service (i.e., is not capable of simultaneously receiving your telephone number and address), You have basic 911 emergency Service. Allvoi partners with one of the nation’s leading 911 underlying service providers in order to assist you in case of an emergency. Allvoi depends upon its E911 and basic 911 underlying service provider to assist Allvoi in supporting your emergency calls. Most of Allvoi’s Service areas support E911 emergency calls. Allvoi will automatically upgrade its customers that have basic 911 emergency Service to E911 emergency Service once its underlying service provider upgrades its connections to the emergency call centers. If you have basic 911 emergency Service, the local emergency operator will not have immediate access to your call back number or to your exact location when receiving your emergency call. Accordingly, you must be prepared to give the basic 911 emergency operator this information. Until and unless you do so, the basic 911 emergency operator may not be able to call you back or dispatch assistance if the call is disconnected or if you are unable to verbally communicate that information. We will not give you notice of the upgrade, however you can verify your type of 911 emergency Service by logging into your account online. Allvoi’s Service is only available in areas where 911 emergency Services can be provided to you at your registered physical location that was approved by us when you either signed up for Service or when you updated your registered physical location information with us.
Acknowledgement
You understand and acknowledge that Allvoi’s 911 emergency Service has certain limitations and works differently when compared to traditional 911 emergency service. Allvoi’s 911 emergency Service limitations and the way Allvoi deploys its 911 emergency Service may make Allvoi unsuitable to some users. You should carefully evaluate Allvoi’s 911 emergency Service limitations when deciding to activate Allvoi’s Service. You agree and acknowledge that it is your responsibility to select a 911 emergency service provider best suited to meet your emergency calling needs, and to make the necessary arrangements for accessing emergency calling services, such as maintaining a traditional phone line or cellular (mobile) phone as a backup means for your emergency calls. By entering into this Agreement, You will be presumed to have assumed the risk of losing 911 emergency dialing capabilities and agree to provide your telephone number and other identifying information to 911 emergency authorities as you deem necessary (in your sole opinion and discretion) in case of an emergency. Allvoi assumes no liability for the failure of E911 to perform and assumes no liability if you move and do not update your E911 address information.
Limitations of Emergency Calling – 911 Dialing
Allvoi depends upon certain third parties to provide 911 emergency Service and is thus subject to their network implementation and deployment schedules. Consequently, E911 emergency Service may be limited or unavailable in certain geographic areas until these third parties have completed this implementation and deployment. When you sign-up for the Service, we will advise you of the kind of 911 emergency Service, E911 or basic 911, that will be available with your Service. In addition, you may view your account information on our website, which specifies the kind of 911 emergency Service you have. When there is a problem validating your information and/or address or you are identified with an international location, your 911 emergency call will be sent to the national emergency call center. In addition, emergency personnel will not receive your telephone number or know your physical location when your 911 emergency call is routed to the national emergency call center. Routing to a national emergency call center could substantially delay the response of emergency service providers or could result in no emergency service being provided to you at all.
E911 service is not available on ALLVOI 011 products.
Allvoi’s 911 and E911 Emergency Service may also be Limited or Unavailable in the Following Circumstances:
If your Digital Subscriber Line (“DSL”), cable modem, or other broadband access connections are disconnected, suspended, or interrupted for any reason, including electric power failures;
If you relocate or move the Allvoi Adapter to a location other than the one that you registered with us or if you otherwise disconnect or modify the Allvoi Adapter;
If you change your telephone number or if you add new telephone numbers to your account, and do not successfully register your location of use for each changed or newly added telephone number;
If there are delays or disruptions of Service in the network or Services of Allvoi’s E911 underlying service provider;
If there is network congestion and/or a reduction in network speed; or
If Service is interrupted or terminated for any reason, including the suspension or termination of your account with us or with your broadband access supplier.
While Allvoi will make commercially reasonable efforts to minimize the disruptive effects of Allvoi’s Service interruptions, degradations, or outages, it makes no guarantees or assurances that these will not occur. Such commercially reasonable efforts are Allvoi’s sole obligation regarding such interruptions. Such outages or other Service disruptions may include loss of 911 emergency Service dialing capabilities for extended periods of time.
Furthermore, home alarm systems, fax machines and other devices that attach to your home computers, local telephone service, cable system or other devices may not work with the Service. You are solely responsible for testing the operation of your home alarm systems, fax machines or other devices that you attach to the Service.
Equipment
To provide the Services, Allvoi may provide Equipment to you. Each piece of equipment shipped to you is billed a shipping and handling charge of $10. You are also charged $25 Processing Fee. Expedited shipping and handling is available at additional cost. Allvoi's liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to you upon delivery to carrier. You will be provided a 90 day manufacturer's warranty from the date of purchase of Equipment or Services. You shall be required to obtain return authorization from Allvoi to return any Equipment. Allvoi will provide replacement Equipment only if the Equipment is deemed to be defective and covered under the warranty. Allvoi will not cover replacement for lost, stolen or modified equipment. Equipment returned by you that is not covered under warranty may be refused by Allvoi, and you will be responsible to pay return shipping charges.
Billing
You will be billed on a pro-rated basis for the remaining days in the calendar-month when you signup for Allvoi service. For example, if you sign up on the 15th day of the month, you will be billed for the remaining days in the month not for the days in the calendar-month prior to service activation. Any promotional credits are applied to the 1st full billing month of service. You must provide Allvoi a valid credit card number when the Service is activated. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Allvoi at once by changing your credit card information in your account portal. If your credit card expires, your service will convert to temporarily deactivated status and all your calls will be routed to customer service to update your credit information. We will bill all charges monthly to your credit card, including but not limited to: activation fees, monthly Service fees, usage charges, surcharges, applicable taxes, international usage charges, advanced feature charges, equipment purchases and shipping and handling charges. Allvoi's Basic Service plan bears a minimum service charge of $14.95. This includes all monthly fees, charges, and taxes for any active account that: uses Direct Dial 011+, 1+ and/or International and Domestic calls via 800 or local access number, and; has a tentative monthly usage based fee of $0.00 up to $10.00. If such an account has a monthly usage based fee of more than $10.00, then Allvoi will calculate and render the respective invoice based on usage. For any service month that an account is subject to the minimum service charge, a usage based charge will not also apply to such an account. Allvoi reserves the right to automatically replenish your $50 credit limit prior to the end of the calendar month if your usage exceeds your credit limit. All calls are rounded upward to full minutes. Final minute cost is rounded up to the full penny. The duration of each call is to be calculated in one minute increments and rounded up to the nearest one minute increment for any fraction of minutes used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent.
“One Time Use” or Disposable Credit Cards
Allvoi strictly prohibits the use of “one time use” or disposable credit cards. If you use such a card to activate the Allvoi Service and such use results in Allvoi not being able to collect charges for the Service, you will be subject to a $500 fee as liquidated damages and not as a penalty, plus any reasonable in-house or outside counsel attorney’s fees incurred by Allvoi to collect such unpaid charges and liquidated damages.
Billing Disputes
You must notify Allvoi in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from your credit/debit card if you dispute any Allvoi charges on that statement or that have been debited from your bank account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following address:
ALLVOI Customer Service
Customer Care Billing Department
ALLVOI
PO Box 1019
New York, NY 10274
Payment
Allvoi only accepts payments by credit or debit card. Your initial use of the Service authorizes Allvoi to charge all amounts due Allvoi as stated in the Agreement on the credit card account number on file with Allvoi, or on any other credit card provided by Customer if the original card expires or is replaced. This authorization will remain valid until 30 days after your Allvoi account is closed. Allvoi may terminate your Service at any time, in its sole discretion, if any charge to your credit card on file with Allvoi is declined or reversed, if your credit card expires and you have not provided Allvoi with a new valid and approved credit card, or in case of any other non-payment of account charges. Termination of Service for a declined or expired credit card, reversed charges or non-payment leaves you fully liable to Allvoi for all charges accrued before termination and for costs incurred by Allvoi to collect all monies owed by Customer, such as (but not limited to) collection costs and in house or outside attorneys’ fees. Allvoi may make billing adjustments for the Service retroactively for a period of one hundred eighty (180) calendar days after the date a Service is rendered if they are made within two (2) months of Allvoi’s receipt of any invoice for the payment of additional fees and charges imposed by law.
Credit Limit
Allvoi provides you with a $50 credit limit. If you exceed the credit limit in the event that you make calls outside of your plan or have usage that exceeds you plan, your credit card of record will be automatically charged $50 to recharge your credit balance. This amount is not a fee or a penalty and the full amount is used towards your account charges. Service may be temporarily deactivated during the processing of your autopayment. You can still receive inbound calls, but outbound calling will be temporarily halted until your payment has received authorization from your credit card bank. Customers who frequently make rated calls that typically exceed their $50 credit limit may avoid temporary deactivation by going to their login in My Account, and making an additional payment before the end of the month.
Termination/Discontinuance of Service
Allvoi reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Allvoi discontinues providing the Service generally, or terminates or suspends your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated or suspended for any stated reason, including without limitation, violation of any terms of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Allvoi or of a third party provider to which Allvoi is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due, payable and chargeable to your credit card. You may terminate your Allvoi service by contacting our customer support at 1.877.425.5864 on or before the last day of the calendar-month and following the procedures for cancellation.
Termination for Information Verification
Allvoi reserves the right to suspend any customer’s account for information verification when the information on the account or the pattern of account usage is incorrect or unusual. Allvoi will notify you via e-mail when this is the case. Customers who fail to contact customer service (1-877-4-Allvoi) within 48 hours of e-mail notification are suspended and their accounts are deactivated.
Reactivation/Continuance of Service
If your suspended account’s Service is resumed because you cured the violation, you will not receive a credit or refund for the period during which the Service was suspended or limited. You are responsible for a full month’s fee if the Service or feature is reactivated after the beginning of a new billing cycle.
Taxes
Customer is responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card. If Customer is exempt from payment of such taxes, it will provide Allvoi with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Allvoi receives such certificate.
Return of Device
Shipping and handling and Processing charges cannot be refunded. If you are cancelling service, you will be responsible for any charges for out of plan usage, payphone calls to Allvoi toll free numbers, out of plan toll free minutes, premium features, and directory assistance.
If you decide to close ALLVOI account within 90 days after it was opened, you must return the device to ALLVOI. If you fail to return your device, you will be charged $50.
Processing Fee
Processing Fee is a one-time fee that is assessed at the sign up for the service. This is a basic charge associated with your service and includes technology fee, termination fees, programming fees, and other expenses related to the initiation of your service. The fee is charged at the time of the sign up for the service and is not refundable.
Usage Charges
If you exceed the number of calling minutes on your Service Plan, Allvoi will bill you for the minutes you used above your plan allowance according to the Rates Table available at www.allvoi.com
International Usage Charges
Please go to Our Website at www.allvoi.com for our International rates. All international calls are charged per minute and rates are subject to change.
Advanced Features
Add-Ons, Premium Services – Allvoi charges additional fees for enhanced features and services such as a Virtual Phone Number and Dedicated fax line, additional telephone line and other Add-Ons are offered on Our Website.
Regulatory Recovery Fee
Allvoi reserves the right, to the extent permitted by law, to assess a regulatory surcharge on Customer’s charges to recover Regulatory Recovery Fee that Regulatory Authorities may assess on Allvoi or the Services.
911 Emergency Regulatory Charge
A 911 recovery charge applies to each Service line. This fee is used to recover costs associated with developing, implementing and maintaining a nationwide E911 emergency service in compliance with FCC regulations, Allvoi’s 911 emergency dialing and the underlying service provider’s national 911 emergency call center. State and/or local governments or third parties may assess fees on Allvoi to pay for emergency services. To the extent permitted by law, Allvoi may pass those fees on to you and, in such circumstances, you agree to pay same.
The Universal Service Fund (USF)
USF is a federal program aimed at ensuring the availability of affordable telecommunications services to schools, libraries and rural healthcare facilities; it also serves to subsidize local service in high-cost areas and low-income households. The USF is funded by telecommunications companies that provide service between states and/or international service. In June 2006, the FCC required VoIP providers to contribute to the USF. For more information on the USF, please visit www.fcc.gov.
The Federal Universal Service Fee that appears on customer bills is a monthly charge that recovers the contributions that Allvoi, as a VoIP provider, must make to the federal USF. This fee may be subject to periodic adjustment by Allvoi based on the FCC´s contribution factor.
Calls to International Mobile Telephones; International Special Services Calls
Allvoi’s advertised rates for international calls are generally the rates charged for calls to landline telephones. Some calls to international mobile telephones, or to international telephone numbers considered to be special services calls, are charged a different (usually higher) rate than calls to landline telephones. The rates you will be charged are set forth in the calling plan rate tables.
Disclosure of Account Information
You authorize Allvoi and Master Call to disclose information related to your account to credit reporting agencies, credit bureaus and legal authorities.
Unlawful Use Policy and forwarding of information to authorities and third parties
If we believe that you have used or obtained Allvoi service unlawfully, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for action. You agree to our forwarding of any such communications and information to these authorities. We may share your name, telephone number, credit card information, and other personal information, any communications, and any other information that we may have about your account, including but not limited to, the service plan type, effective date, MAC address(es), IP address(es), email address(es), registered 911 address, and all account information to law enforcement officials or as required by law, regulation, rule, subpoena, search warrant, or court order, or to protect Allvoi rights, property or personnel.
Customer Changes
You must tell us at once if you change your contact information such as e-mail address, name, address, or telephone number.
Telephone Monitoring
As part of our continuing effort to maintain a high quality of service to our customers, telephone communications with you may be monitored and recorded. You agree that monitoring and/or recording may be done and that no additional notice to you or additional approval from you is required.
Privacy
Please review our Privacy Notice, which also governs your visit to www.allvoi.com, to understand our practices.
Electronic Communications and Billing
When you visit www.allvoi.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on www.allvoi.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree to receive all bills electronically.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Allvoi or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Allvoi and protected by U.S. and international copyright laws. All software used on this site is the property of Allvoi or its software suppliers and protected by United States and international copyright laws.
Trademarks
Allvoi, and other marks indicated on our site are registered trademarks of Allvoi or its subsidiaries, in the United States and other countries. All other Allvoi graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Allvoi or its subsidiaries. Allvoi trademarks and trade dress may not be used in connection with any product or service that is not Allvoi's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Allvoi. All other trademarks not owned by Allvoi or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Allvoi or its subsidiaries.
License and Site Access
Allvoi grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Allvoi. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Allvoi. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Allvoi and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Allvoi's name or trademarks without the express written consent of Allvoi. Any unauthorized use terminates the permission or license granted by Allvoi. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Allvoi so long as the link does not portray Allvoi, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Allvoi logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use this service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Emails, comments, communications, and other content
Visitors may email comments, questions and inquiries and other content; other communications; and submit suggestions, ideas, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Use of a false e-mail address upon signup will generate a suspension of your account as Allvoi will be unable to communicate with you and to provide to you your necessary activation code via e-mail. You represent and warrant that you own or otherwise control all of the rights to the content that you send; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Allvoi or its affiliates for all claims resulting from content you supply. Allvoi has the right but not the obligation to monitor and edit or remove any activity or content. Allvoi and its affiliates take no responsibility and assumes no liability for any content posted by you or any third party.
Copyright Complaints
Allvoi and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Disclaimer of warranties and limitation of liability
This site is provided by Allvoi on an "as is" and "as available" basis. Allvoi makes no representations or warranties of any kind express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Allvoi disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Allvoi does not warrant that this site, its servers, or e-mail sent from Allvoi are free of viruses or other harmful components. Allvoi will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Testimonials Disclaimer
Allvoi website contains dramatized events and fictionalized client testimonials. It is important to understand that the testimonial statements, photographs and experiences included in this website do not constitute a warranty or prediction of the outcome of your experience with Allvoi. Testimonials are fictionalized to dramatize the possible experiences one might achieve from this website, materials, products and/or services of Allvoi.
Applicable Law
By visiting www.allvoi.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Legal notices and any dispute of any sort that might arise between you and Allvoi or its affiliates.
Disputes
Any dispute relating in any way to your visit to www.allvoi.com or to services you purchase through Allvoi shall be submitted to confidential arbitration in New York, NY, except that, to the extent you have in any manner violated or threatened to violate Allvoi's intellectual property rights, Allvoi may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies. These policies also govern your visit to www.allvoi.com. We reserve the right to make changes to our site, policies, and these Legal notices at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Allvoi Address:
ALLVOI
PO Box 1019
New York, NY 10274
[email protected]
Phone 1-877-4ALLVOI
Fax 1-212-324-2390
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