Terms of Service
→ Also see our Privacy Policy
The most important things you need to know when using activeconference
More important than anything please remember that activeconference does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. activeconference is not a traditional telephone service or a replacement for your primary telephone service. There are important differences between traditional telephone services and the activeconference products. It is your responsibility to inform your users that it is not possible to support or carry emergency calls using the activeconference services.
By using any of the activeconference products, please remember that the most updated version of these terms of services is available at www.activeconference.com/terms_service.
If the law of your country prohibits you to use our products because you're under the age limit or just because our products are not allowed in your country, please don't use them.
Before using any of the activeconference products, please make sure you have read and agreed to the End User License Agreement and Privacy Policy.
What you should and should not expect from us
These should be your expectations when you use activeconference.
Quality: activeconference will really try to provide the activeconference products with minimum disruptions. However please understand that activeconference can not guarantee that the activeconference products will always function without disruptions, delay or other imperfections. Since the activeconference products will be transmitted through public Internet lines and the public switched telephone network ("PSTN"), there may be power outages or Internet service disruption and you may experience some disruptions in the activeconference products, e.g. packet loss and delay which will interfere with the quality of your communication.
Technical improvement and maintenance: activeconference may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. activeconference may also have to repair, improve, and/or upgrade the activeconference products and this may require us to restrict, limit, suspend, interfere and/or interrupt the activeconference products.
Content of communications: activeconference does not control, or have any knowledge of the content of any communication(s) spread by the use of activeconference products. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.
What we expect from you
Indemnity: You agree to indemnify activeconfernece and its affiliates against any third-party claims incurred by activeconference arising out of or relating to your violation of these Terms of Service, applicable law or rights of any third parties related to the use of our products.
Payment Issues
Credit balance: To use payable activeconference products you need a positive and sufficient credit balance. You must deposit sufficient credit in your account through your debit or credit card, or other means which may be made available by activeconference. activeconference reserves the right to stop accepting debit or credit cards from one or more issuers.
Restrictions: activeconference does not guarantee that you will be able to use your credit balance to purchase all activeconference products. Certain activeconference products may have to be paid separately.
Credit expiration: A credit balance for activeconference Credit in your user account expires 360 days after the last chargeable use of that activeconference Credit. Credit balances that are not used within this 360 day period will be lost.
Refund policy You can request a refund for unused and unexpired activeconference products or unused activeconference Credit at any time, by submitting a support request to support[at]activeconference.com. Refund requests carried out through other means shall not be eligible for a refund. No refunds shall be given for products or credit that is not directly acquired online from activeconference. activeconference reserves the right to deny repetitive refund requests (more than once for any given type of activeconference products). Upon a duly submitted refund request, activeconference will refund you the credit balance of your activeconference Credit. Where you have used less than one US Dollar (1 USD) of your activeconference Credit, your activeconference Credit will be refunded in full. Upon a duly submitted refund request, activeconference will refund you on a pro rata basis for the unused period of subscription of the activeconference products, as applicable.
All refunds shall be paid either through the original payment method used, or any other reasonable payment method to be determined by activeconference, and addressed to the person that deposited the credit initially or your activeconference Credit shall be adjusted accordingly.
Further, activeconference will refund your credit balance in the event you terminate your account(s) as permitted under this agreement or in the event that activeconference terminates this agreement without serious cause. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this agreement.
Payment: You will be able to pay with your activeconference API Keys credits balance. Charges for activeconference shall be rate-per-minute, as set out on www.activeconference.com/rates. The duration of a call shall be based on one-minute increments. During the call, charges incurred will be deducted automatically from the associated activeconference API Key.
Charged in error: In the event you believe that activeconference has charged you in error, you must contact activeconference's customer services support@activeconference.net within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.
End User License Agreement
1. No Emergency Calls: By entering into this Agreement You acknowledge and agree that the activeconference Libraries and API do not intend to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. activeconference, its Affiliates or activeconference Staff are in no way liable for such emergency calls.
2. Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between activeconference and You, as a user, for the use of activeconference Libraries and API. You must enter into this Agreement by checking on the ACCEPT TERMS OF USE checkbox in order to create an account and use activeconference. You hereby agree and acknowledge that this Agreement covers all Your use of activeconference Libraries and API, whether it be from this installation and API or from any other service where activeconference is in use, by You or by third parties. Furthermore, by installing and continuing to use the active converence Libraries and API You agree to be bound by the terms of this Agreement and any new versions hereof.
3. Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT TERMS OF USE checkbox or similar buttons or links as may be designated by activeconference to show Your approval of any foregoing texts and/or to download and install activeconference Software and use of the API, You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the activeconference. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
4. Jurisdiction's Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the activeconference Libraries or API. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, You may not enter into this Agreement and You may not download, install or use the activeconference Libraries or API. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the activeconference Libraries or API is allowed.
5. Third Parties: You acknowledge and agree that the activeconference Libraries and API may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the activeconference Libraries and API falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the activeconference Libraries and API will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will look solely to the applicable third party and not to activeconference or its Affiliates to enforce any of your rights.
6. New Versions of activeconference Libraries and API activeconference, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the activeconference Libraries and API. You acknowledge and agree that activeconference has no obligation to make available to You any subsequent versions of the activeconference Library and API. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the activeconference Library and API. Furthermore, You acknowledge and agree that activeconference, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the activeconference Libraries and API, and/or disable any activeconference Libraries and API You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at activeconference's discretion, are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. activeconference will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the activeconference Libraries and API and (2) by the suspension or termination of the license or this Agreement by activeconference and/or by You.
7. Paid Services: This Agreement applies to downloading, installing and using the activeconference Libraries, free of charge. The use of any paid services which may be offered by activeconference or its Affiliates, is subject to the additional Terms of Service.
8. Use of API: You may make use of the activeconference API, provided that All such use of the activeconference API is carried out for legitimate purposes and shall in no way and to no extent adversely affect the functionality or performance of services provided by activeconference; You will monitor the activeconference Website in order to ensure that You are aware of any changes in the applicable legal documents. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the activeconference API and, where applicable, any and all use of the activeconference Libraries; and You acknowledge and agree that Your use of the activeconference API will be at Your own risk and account.
9. Any other Exceptions: If You are interested in doing anything else than permitted under this Agreement, You will have to obtain activeconferences's previous written consent and explicitly agree upon any further (commercial) terms.
10. Your Confidential Information and Your Privacy: activeconference is committed to respecting Your privacy and the confidentiality of Your personal data. The "Privacy Policy" that is published on the activeconference Website at www.activeconference.com/privacy_policy applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s). We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent and we use Your information only as described in the Privacy Policy. We store and process Your information on computers that may be located outside Your country that are protected by physical as well as technological security devices. You can access and modify the information You provide in accordance with the Privacy Policy. If You object to Your information being transferred or used in this way please do not use our services.
11. activeconference IP Rights: You acknowledge and agree that activeconference (or activeconference's licensors) own all legal right, title and interest in and to the Libraries and API, including any intellectual property rights which subsist in the Libraries and API (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
12. Your IP Rights: With the exception of IP Rights of activeconference and/or its licensors in activeconference Libraries and API, You retain the intellectual property rights You may have in the applications, materials, products or processes You create which are based on or utilize the activeconference API. You hereby release and covenant not to hold liable activeconference or its Affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the activeconference API; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the activeconference API. As between You and activeconference, activeconference and its licensors retain the IP Rights in and to the activeconference Libraries, API and any derivative works thereto created by or for activeconference or its licensors.
13. No Warranties: activeconference cannot guarantee that You will always be able to communicate with other telephony users, nor can activeconference guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communication shall always be delivered to other activeconference users. activeconference will not be liable for any such disruptions, delays or other omissions in any communication experienced when using activeconference Libraries and API.
14. No Responsibility of Content: You acknowledge and understand that the content of the communication spread by the use of the activeconference Libraries and API is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. activeconference will not be liable for any type of communication spread by means of the activeconference Libraries and API.
15. No Compulsion to Offer Emergency Services: You recognize and agree that activeconference is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law. You further recognize that activeconference is not a replacement for Your primary telephone service.
16. Termination by activeconference: Without limiting other remedies, activeconference may limit, suspend, or terminate this license and Your use of activeconference Libraries and API, prohibit access to the activeconference Website and delete Your User Account with immediate effect, if we think that You are in breach of this Agreement, creating problems, possible legal liabilities, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. activeconference shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to the respective User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
17. Termination by You: You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that You will meet with the conditions as set forth. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the activeconference Libraries and API shall terminate, and (b) will cease any and all use of the activeconference Libraries and API. activeconference will not be liable in respect to any damage caused by the termination of this Agreement.
18. Indemnification: You agree to indemnify, defend and hold activeconference, Affiliates and the activeconference Staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the activeconference Libraries and API, or (d) use and/or modification of the activeconference Libraries and API or (e) communication spread by means of the activeconference Libraries and API.
19. Export Restrictions: You acknowledge that the activeconference Libraries may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the activeconferences Libraries as well as end-user, end-use and destination restrictions issued by national governments.
20. Disclaimer of Warranties: THE ACTIVE CONFERENCE LIBRARIES AND API IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER; ACTIVE CONFERENCE DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE ACTIVE CONFERENCE LIBRARIES AND API, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. ACTIVE CONFERENCE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE ACTIVE CONFERENCE LIBRARIES AND API WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES ACTIVE CONFERENCE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE ACTIVE CONFERENCE LIBRARIES AND API.
21. Specific Disclaimer of Liability for Emergency Services: active coference does not provide Emergency Services in conjunction with the activeconference Libraries and API. Neither activeconference nor its officers or employees may be held liable for any claim, damage, or loss, and You hereby waive any and all such claims or causes of action, arising from or relating to the use of activeconference Libraries and API to contact Emergency Services personnel. You shall defend, indemnify, and hold harmless activeconference, activeconference Staff and Affiliates and agents and any other service provider who furnishes services to You in connection with the activeconference Libraries and API, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys' fees) by, or on behalf of, You relating to the absence, failure or outage of the activeconference Libraries and API provided hereunder, including specifically any claims arising out of the failure of activeconference to offer Emergency Services.
22. Your own Risk: You acknowledge and agree that the entire risk arising out of the use or performance of the activeconference Libraries and API remains with You, to the maximum extent permitted by law.
23. Jurisdiction's Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.
24. No Liability: The activeconference Libraries are being provided to you free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT ACTIVE CONFERENCE, ITS AFFILIATES, ITS LICENSORS AND THE ACTIVE CONFERENCE STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE ACTIVE CONFERENCE LIBRARIES, AS SET FORTH BELOW.
25. Limitation of Liability: IN NO EVENT SHALL ACTIVE CONFERENCE, ITS AFFILIATES, ITS LICENSORS OR THE ACTIVE CONFERENCE STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE ACTIVE CONFERENCE SOFTWARE, EVEN IF ACTIVE CONFERENCE, ITS AFFILIATES OR THE ACTIVE CONFERENCE STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
26. New versions of the Agreement: activeconference reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the activeconference Website. The revised Agreement shall become effective within thirty (30) days of such publishing or provision to You, unless You expressly accept the revised Agreement earlier by clicking on the accept checkbox. The express acceptance by You, or Your continued use of the activeconference Libraries and API after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at www.activeconference.com/terms_service. activeconference reserves the right to make changes to this Agreement from time to time.
27. Entire Agreement: The terms and conditions of this Agreement constitute the entire agreement between You and activeconference with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT TERMS OF USE CHECKBOX AND/OR USING THE ACTIVE CONFERENCE LIBRARIES OR API, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO ACTIVE CONFERENCE THE RIGHTS SET FORTH HEREIN.