The Service "NETSECOP" (Hereinafter the "Service") is a service that offers, according to the country where it is available:
• a voice call service between Internet Users of the Application;
• outbound voice call service over the Internet allowing communication to fixed and mobile numbers;
• enhanced voicemail;
• enhanced instant messaging.
This service is offered by NETSECOP, INC; 4710 Patrick Henry Drive, Santa Clara, CA, 95054, United States.
The service, accessible by downloading the mobile Application "NETSECOP" from mobile marketplaces specified on the Portal is open to any individual who has subscribed to a mobile provider and wishes to use the Service for his own needs in the context of personal, non-commercial use.
Access to and use of the Service is subject to these Terms and Conditions (hereinafter the "TC"), which the User expressly accepts when registering for the Service.
1 - DEFINITIONS
In the TC, the following terms have, unless otherwise specified, the meanings given to them in this article:
Application: means the mobile software application called "NETSECOP" available free, providing access to the Service, which the User has chosen to download to his Terminal.
Account: Means a space accessible from the "NETSECOP" Service where the following are stored:
• Registered User profile;
• Identification of the personal data of the registered User;
• User's personal data communication (voice messages, text messages, greeting messages from "NETSECOP" messaging, etc., which history can be deleted by the User in all or part from the Service);
• Contacts that the User will sync with his Account.
The User accesses his account by providing identification to the service with his email address (also called "username") and his password.
Contacts: means all of the following items: (i) name, first name or company name and (ii) contacts (telephone number, email address, etc.) and any other data of individuals and/or entities recorded by the User in his the mobile Terminal directory.
Voicemails: means the voice messages left on the voicemail "NETSECOP" of the User by anyone who has called his telephone number or made a Voip NETSECOP call which the User wished to redirect via their voicemail to NETSECOP.
Mobile Service Provider: means the local mobile telephone service to which the User subscribes in order to make and receive phone calls via the mobile network of the provider, including data transmission.
Monthly Minutes Pack: means National(Networks in Turkey) Voip Out communication minutes purchased by the User within the Application.
Global Minutes Pack: means Global Voip Out communication minutes to supported Countries’ networks purchased by the User within the Application.
Portal: means the www.NETSECOP.com website from which the User may access the Service.
Networks: means the electronic communications networks open to the public, interconnected and used by any operator irrespective of technologies or standards used by these networks (cable, satellite, ADSL, optical fibre, GSM, GPRS, EDGE, UMTS, Wi-Fi, WiMAX, etc.).
Social Networks: means all electronic communications services for public online-based communities of interest and offering features for sharing and community services.
Terminal: means any mobile terminal connected to the Internet via Networks, compatible with the operating systems specified on the Portal and which is running the Application.
User: means a person of legal age registered with the Service, for his own needs, as part of a trictly personal non-commercial use and having a subscription with a Mobile Service Provider.
VOIP In - Reach me: means the NETSECOP Service function that allows Users to receive a voice call made to their assigned number via the Application, over the Internet.
ONNET NETSECOP: means the NETSECOP Service function that allows two Users to send and receive a voice call using the Application.
VOIP OUT: means the NETSECOP Service function that allows a User to send a voice call from the Application to a geographic or mobile number.
2 - PURPOSE
The purpose of these TCs is to define the conditions under which:
• The Service is made available to Users;
• Users may use the Service.
3 - ACCESS TO THE SERVICE
3.1 Technical requirements and consumption data:
The creation of an account is possible only through the Application installed on a Terminal.
Use of the Service may be carried out via the Application.
The User must have a subscription allowing Internet access on his/her Terminal with a Mobile Service Provider or a WIFI service in order to use the Service.
The use of the Service involves hardware, some software and access to the Internet and mobile access. The possibility that the User may access the Service may be affected by the performance of any of these.
The minimum configuration recommended in order to use NETSECOP is specified on the Application distribution channels. The User acknowledges and agrees that such system requirements, which may be changed from time to time, are his sole responsibility. However, no purchase or obtaining of any other product whatsoever shall be construed to represent or guarantee User access to the Service.
Use of the Service involves the transmission of data to and from the Terminal of the User, which can potentially be subject to data flow charges (data) and may also involve the use of voice minutes included in the User's service. It is therefore strongly recommended that the User first find out from his Mobile Service Provider about the general and special conditions of use to ensure that any consumption of data and/or voice minutes occasioned by access to the Service is not incompatible with a reasonable use of his Terminal. NETSECOP, INC cannot be held responsible for excessive consumption of data or voice minutes in terms of access to the Internet and mobile network conditions as they were stipulated between the User and the Mobile Service Provider. NETSECOP, INC recommends that the User choose a mobile service that offers sufficient capabilities and suggests that the User ask his Mobile Service Provider about how to choose
suitable pricing, where required.
3.2 Opening an Account and activating the Service
To access and fully utilize the Service, you must register from the Application by filling out a registration form with the information necessary for the registration of the Account.
The full names given must not (a) infringe a copyright, trademark or other rights of property of others, (b) violate privacy or other private rights, (c) usurp the identity of others or of an another User, and (d) not affect public order or violate any other applicable law.
The User agrees that the information provided during registration is reliable and truthful and is kept up to date. In the event that the User should provide false, inaccurate or incomplete information, NETSECOP, INC, once it has such knowledge, has the right to immediately terminate the Account.
The User must keep his password strictly confidential.
The User must also, in order to validate his registration, read and accept the TC.
At the end of the registration process, the User can configure his account.
4 - DESCRIPTION OF THE SERVICE
The Service allows the User:
• to create and maintain an address book of contacts using the directory of the mobile Terminal of the User;
• to use enriched instant messaging to send text messages, pictures, sounds and files to another NETSECOP User, or with people not using NETSECOP;
• to use enriched voicemail for all NETSECOP Voip calls received. In some countries, the User can also take advantage of GSM calls. The User thus can set up a redirect from his Terminal, to "NETSECOP" voicemail. The voicemail will be directed to the email address provided during registration process, as username. Checking voicemail from Application may be possible or not.
• to use the Voip IN – The user should purchase one of Monthly or Annual subscriptions. Thus, user is assigned a non-geographic Turkish local number, starts with the prefix 850.
• to use the ONNET NETSECOP, VOIP Out and/or Voip In functions. The different calling options for VOIP and related commercial methods are described in the TC and/or on the Portal and other marketing materials for the NETSECOP Application.
Depending on the country where service is available, any or all of the above features may or may not be provided. Users are advised to refer to the Portal or other marketing materials to find out details of the scope of features offered for each country. The User is informed and accepts that the list of countries allowing a VOIP Out call is subject to modification and change. NETSECOP, INC will attempt to inform Users within a reasonable period of the future non-availability of VOIP OUT service for a particular country.
5 - RATES
5.1 Pricing & Refund Policy for the Service
The NETSECOP Application is provided free of charge, except for any costs associated with an Internet connection for download and use.
Users wishing to receive calls through NETSECOP Voip IN service must purchase Monthly or Annual subscription.
Users wishing to make NETSECOP Out calls must purchase Global or Monthly Minute Packs. The unused minutes in Monthly Minute Packs do not pass to next month. Global Minute Packs are not monthly but annual. The unused minutes in Global Minute Packs will be kept as long as the subscription is not cancelled by the User or due to these TC. The charging period of all voice calls are per 30 seconds.
The content of Minute Packs and their methods of use are detailed within the Application and/or on the Portal.
The purchase of Minute Packs are charged to the User via his open account on Apple Store, Google Store, Paypal, or direct credit card processing through Application and/or Portal. We strive to ensure that the payment and personal information you provide to us is kept safe and secure. We have in place certain safeguards to protect the security and privacy of your payment and personal information. We use Secure Sockets Layer (SSL) technology to protect your information while it is being transmitted to us. SSL technology is the industry standard and among the best technology available today for secure commerce transactions. It encrypts your personal information, including payment card number, name, and address, while it is being transmitted over the Internet. To ensure that you are accessing our secure server before you submit personal information, make sure that the URL (web address) begins with "https" (with an "s") rather than "http" (without an "s"). To double-check that you are on our secure site, look for the "closed lock" symbol located near the URL on most browsers. By clicking on this symbol, you can confirm a secure connection, the site's identity, and obtain other helpful security information. For one-time transactions, your card information will not be stored after the completion of the transaction, and any other personal information you provide in connection with a transaction will be handled in accordance with our Privacy Policy.
User can issue a FULL refund in 30 days after the activation of his/her account, unless no more than 30 Voip minutes used from purchased subscription’s Free Minute Pack or other Minute Packs. Otherwise, User may cancel his/her Monthly/Annual subscription and Minute Pack subscriptions any time, but no REFUND will be issued.
5.2 Pricing of calls for “NETSECOP” voicemail
The Service is offered only to Users who have subscribed to a Monthly or Annual subscription plan of NETSECOP. The number used by the User to call geographic or GSM networks is a number within the Turkish national numbering system having prefix 850. The national number is also the one for redirects of people wanting to leave a voice message for the User. This call redirection is paid for by the User, according to the pricing applicable for such a national number.
Users may check their "NETSECOP" voicemail by listening to audio files (MP3 format) that will be received by email at the email address provided during registration to the service.
5.3 Pricing of calls received via the Voip IN - Reach me service
The Service is offered only to Users who have subscribed to a Monthly or Annual subscription plan of NETSECOP. The calls received via The VoIP IN service is free and available through a number assigned to User, belonging to the national numbering plan of Turkey having prefix 850.
6 - LIABILITY AND USER'S GUARANTEES
The User is asked to exercise discretion and caution regarding the information he accesses and/or transmits.
The User shall not attempt to mislead third parties by usurping the name or corporate name of other persons and particularly by posing as an employee of NETSECOP, INC.
The User agrees not to synchronise the account or, more generally, use it in connection with the Service, content of any kind (text, audio, video, etc.), or other data or malware that is likely to contain viruses, Trojan horses, worms intended to damage or interfere with the proper functioning of the Service or Application.
The User agrees to notify NETSECOP, INC of any unauthorised use of its account or any other breach of security involving it.
The User agrees to use the Service in accordance with the purpose for which it was defined and marketed. Misappropriation of use is prohibited, especially commercial use of the Service. Communications are only permitted between individuals and for non-commercial use.
The following, in particular, are cases of inappropriate use of the Service that may lead to the suspension and termination of the account:
• the use of communications for purposes other than personal use (particularly for the purpose of carrying on business);
• to use free of charge or for pay the Service as a means of rerouting communications or establishing linkages;
• the continued use of the Service especially for automatic dialing and continuous numbers on the line;
• sale or resale, total or partial, of communications;
• sending mass communications whether in an automated manner or not;
• the distribution of any viruses or computer files designed to limit, suspend or destroy the network of the Service and/or any terminal or other telecommunications equipment.
• the transmission of components or data of any kind whatsoever that would be in violation of the laws and regulations and that would be of a nature that is threatening, offensive, defamatory or prejudicial to confidentiality obligations;
• the transmission of any unsolicited or unauthorized advertising, including “spam”, as well as any act which results in the overloading of the mail servers of the Service and its network.
In addition, VOIP Out calls to special numbers and premium rate numbers are prohibited and will not be routed through the Service.
7 - LIABILITY AND WARRANTIES OF NETSECOP, INC
7.1.NETSECOP, INC can not be held responsible in the event that voicemails, data and/or User messages contain illegal content and/or violate the rights of third parties.
NETSECOP, INC can not be held responsible for any consequences resulting from unauthorised access by third parties to the Account, or more generally for a User due to the negligence of the latter.
NETSECOP, INC is responsible for the implementation of the means necessary for the proper functioning of the Service and shall take all measures necessary to maintain the continuity and quality of this Service.
7.2. Emergency calls (Calls to hospitals, police, medical units or other services that connect to an emergency service)
It is clearly stated that the function of the NETSECOP VOIP Application does not replace the mobile phone service that the User is subscribed to with his Mobile Service Provider.
To make this type of call, the User is should use the Mobile Service Provider’s telephone services. We invite the User to close the NETSECOP Application in order to directly dial an emergency number via the Mobile Service Provider. The NETSECOP Application does NOT allow access for these emergency numbers.
Since the transmission and routing of emergency calls are not being performed by the NETSECOP Service, NETSECOP, INC can not be held liable for non-transmission of these calls, especially in the case where emergency calls cannot be routed by a Mobile Service Provider for technical reasons and/or User location.
7.3.NETSECOP, INC has taken great care to match the service to its description as it appears on the Portal and in other marketing media.
The Service is subject to regular updates. In this respect, any Application downloaded by a User has a limited validity in time, taking into account these updates and any technical, legal or regulatory changes for which NETSECOP, INC cannot be held responsible. NETSECOP, INC does not in any way guarantee that the Service and/or Application is error free or adapted to User needs.
Any action for damages, losses or damages resulting from a lack of compliance with the Service or the non-compliance with any form of warranty, of any nature whatsoever, is the sole responsibility of NETSECOP, INC.
7.4.Specific provisions solely for Users of the iOS (Apple) version of the Application
If the User notifies Apple Computer of a dysfunction of the Application, the only remedy available to the extent permitted by law will be reimbursement for the Application. NETSECOP, INC remains solely responsible with regard to the User for any complaints or claims emanating from the Application (whether an objection, a claim under consumer law or Intellectual Property, etc.) within the provisions of these Terms.
NETSECOP, INC and the User acknowledge and agree that Apple Computer and/or its subsidiaries are third party beneficiaries of these Terms and Apple Computer and/or its affiliates may expect of the User compliance with the provisions of these Terms in their capacity as third party beneficiaries.
8 - SUSPENSION - TERMINATION
8.1 Suspension
NETSECOP, INC reserves the right, in accordance with these terms and conditions, to suspend the account of one or more Users, without notice or compensation in cases where there is:
• a breach of obligations, including those referred to in Article 6 hereof;
• any act of piracy or attempted illicit use of information circulating on the Service or information stored on accounts caused by or originating with a User Account;
• an act of piracy or attempted piracy of NETSECOP, INC network equipment necessary for the provision of the Service caused by or originating with the computer connection used by the User;
• Users report that any User (a) does not comply with these provisions, (b) makes use of the nature of Service for the benefit of a third party (c) makes any use of the Service that is contrary to public morality or the public order and, in any case, after investigation by NETSECOP, INC;
• contact information, including the User's address as communicated by the latter, does not correspond to the actual contact information.
8.2 Termination of the Account by the User
Any termination of an Account initiated by the User must be in the form of a request to NETSECOP, INC. To this end, the User may delete his account either via the Application under "Settings/CancelSubscription".
8.3 Termination by NETSECOP, INC
A User account can be deleted by NETSECOP, INC for failure on the part of the User to comply with these TC. In this case, a formal notice will be sent to the User's email address. If any breach is not remedied within five (5) days of receipt of the notice, the User account may be removed immediately by a simple notice of termination. In addition, NETSECOP, INC reserves the right to remove automatically the account of any User who does not use the Service for a period of thirty (30) days at the least.
9 -AGREEMENT ABOUT EVIDENCE
It is expressly agreed that the Parties may communicate with each other electronically for the needs of the TC, provided that technical security measures to ensure the confidentiality of data exchanged are in place.
Both parties agree that the electronic exchange carried on between them validly represents the content of their exchanges and, where applicable, of their commitments.
10 - ASSIGNABILITY
It is prohibited for the User to assign to a third party any rights or obligations he holds under these TC. In case of breach of this prohibition, besides the termination of his account, the liability of the User may be incurred because of the contents or other data posted online or sent via his Account.
11 - PERSONAL DATA
Users are solely responsible for the information communicated through the Service and declare that the data provided is absolutely accurate and complete. The data collected through the Service is processed and used by NETSECOP, INC only in the context of the provision of the Service.
The User may at any time access the personal information held by the NETSECOP, INC, request its modification or deletion, by email to NETSECOP, INC, at the following address: support@NETSECOP.co), giving proof of his identity.
NETSECOP, INC owns and retains the identification data of its Users in accordance with the regulations. For the duration of use of the Service for any purpose of evidence, data concerning the User and use of the Service are retained and archived confidentially by NETSECOP, INC, in accordance with the law.
12 - INTELLECTUAL PROPERTY
12.1 User Rights
The User is and remains the owner of the data he accesses and sends via the resources made available through the Service, including Account data and Voicemails.
12.2 NETSECOP, INC Rights
NETSECOP, INC is and remains the owner of its Service, the Application, software, software applications, graphics, trademarks, logos, designs, technology, software, databases and content made available to Users.
The User agrees not to use the NETSECOP marks on any product or support, for any reason whatsoever. The User may not derive from the use of the Service any permission to use NETSECOP trademarks for any purpose whatsoever.
The User acknowledges that he does not acquire any intellectual property rights over elements belonging to NETSECOP, INC. This is also forbidden for use in another context than that exclusively provided in these TC.
All upgrades, updates, derivatives, developments, whether made, created or developed by NETSECOP, INC regarding the Service are and shall remain the property of NETSECOP, INC, and the User expressly acknowledges and agrees that any contribution in the form of services, suggestions, ideas, reports, identification or defects, expenditure, or any other contribution made by the User, does confer any right, title or interest in any of the elements or components the Service.
12.3 Right of use (license)
NETSECOP, INC grants the User hereby non-exclusive, non-transferable, revocable rights, valid for the entire world and which cannot be sublicensed, to the Application and/or software components of the Application.
This authorisation is subject to compliance with these TC.
This permission does not authorise the User either to access or use any source code for the Application and/or software components of the Application.
The User shall not:
1. use, copy, modify or distribute the Application and/or software components of the Application except as expressly permitted by these Terms of Use;
2. disassemble, decompile or translate the Application and/or software components of the Application except as expressly permitted by the laws or regulations applicable;
3. sublicense or lease the Application and/or software components of the Application.
13 - APPLICABLE LAW - GENERAL PROVISIONS
If one or more provisions of this agreement are held to be invalid or are declared as such by law, a regulation or as the result of a legal decision made by a competent legal authority, the other stipulations will retain their full force and effect
The stipulations declared null and void will then be replaced by stipulations that will approach most closely the content of the originally agreed stipulations.
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of such courts
14 - CONTACT - CLAIM
Any claim or dispute relating to the Service must be sent by e-mail to contact@netsecop.com.
© NETSECOP, INC. All rights reserved. - Latest update: April 01, 2016
