Spikko | Terms of Agreement

Terms of use

Spikko End User License Agreement

IMPORTANT – PLEASE READ CAREFULLY

Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between Spikko and You, as a user, for the use of the Spikko Software. In order to install and use the Spikko Software You must enter into this Agreement by clicking on the ACCEPT button. You hereby agree and acknowledge that this Agreement covers all Your use of the Spikko Software, whether it be from this installation or from any other terminals where the Spikko Software has been installed, by You or by third parties. Furthermore, by installing and continuing to use the Spikko Software You agree to be bound by the terms of this Agreement as may be amended from time to time.

Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by Spikko to show Your approval of any foregoing texts and/or to download and install the Spikko Software, 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 Spikko Software. Furthermore, You hereby waive any rights or requirements under any law or regulation in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under any applicable mandatory law.

Jurisdiction’s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications by persons under a certain age, or which restricts the ability to enter into agreements such as this Agreement to persons under a certain age, and You are under such age limit, You may not enter into this Agreement and/or download and/or install and/or use the Spikko Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony or any other service that is provided as part of the Spikko Software, You may not enter into this Agreement and You may not download, install or use the Spikko Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the Spikko Software is permitted according to any applicable law.

    • Article 1: In this Agreement the following capitalised definitions are being used, in a singular form as well as plural.
    • 1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Spikko. For the purpose of this definition, the word “control” shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of such corporation, company, or other entity.
    • 1.2 Agreement: this End User License Agreement, as may be revised and/or modified from time to time.
    • 1.3 Documentation: any online or otherwise enclosed documentation provided by Spikko.
    • 1.4 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above.
    • 1.5 Emergency Services: means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.
    • 1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know-how and trade secrets contained in or relating to the Spikko Software, the Documentation, the Spikko Website or the Spikko Promotional Materials.
    • 1.7 Password: refers to a code You select, which, in combination with the User ID (Member ID), gives You access to Your User (Member) Account.
    • 1.8 Spikko: refers to the company named Spikko Telecommunication Ltd. based in the British Virgin Islands.
    • 1.9 Spikko API: an application program interface consisting of the set of routines utilised by the Spikko Software to provide the Spikko Software functionality for a given platform or operating system, Spikko API being included in or linked to the Spikko Software.
    • 1.10 Spikko Online Material: the Spikko banner available for download on the Spikko Website, consisting of the Spikko logo and a link to the Spikko Website.
    • 1.11 Spikko Promotional Materials: any and all trademarks, names, signs, logos, banners, Spikko Online Material and any other materials, in whatever form, owned and/or used by Spikko for the promotion of its interests, products, services and activities.
    • 1.12 Spikko Software: the software distributed by Spikko for internet telephony applications, including without limitation the Spikko API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.
    • 1.13 Spikko Staff: the officers, directors, employees and agents of Spikko or its Affiliates, or any other persons hired by Spikko or its Affiliates.
    • 1.14 Spikko Website: any and all elements, contents and the ‘look and feel’ of the website available under the URL www.Spikko.com, among other URL’s, from which such website the Spikko Software may be downloaded.
    • 1.15 UI: the user interface of the Spikko Software.
    • 1.16 User Account: refers to the account with the User ID (also referred as Member ID) and Password that You create for Your use of the Spikko Software.
    • 1.17 User ID (Also referred as Member ID): refers to an identification code You selected, which in combination with the Password, gives access to Your User (Member) Account.
    • 1.18 You: you, the end user of the Spikko Software, also used in the form “Your” where applicable.
    • Article 2: License and Restrictions
    • 2.1 License. Subject to the terms of this Agreement, Spikko hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Spikko Software on Your computer, phone or PDA for the sole purpose of using the internet telephony applications provided by Spikko and any other applications that may be explicitly provided by Spikko.
    • 2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant any rights granted to you under this Agreement to third parties with regard to the Spikko Software, the Documentation or any part thereof. Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Spikko Software or any part thereof.
    • 2.3 No Modifications. You will not undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Spikko Software or any part thereof.
    • 2.4 Third Parties. You acknowledge and agree that the Spikko Software may be incorporated into, and may incorporate itself, other software and other technology owned and controlled by third parties. For the avoidance of doubt, any such third party software or technology that is incorporated into the Spikko Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Spikko Software will be subject to You explicitly accepting a license agreement with such third party. You acknowledge and agree that Your use of any such third party software or technology will not create any contractual relationship between You and Spikko or its Affiliates and You will look solely to the applicable third party and not to Spikko or its Affiliates to enforce any of Your rights under any such third party agreement.
    • 2.5 New Versions of the Spikko Software. Spikko, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Spikko Software at any time. You acknowledge and agree that Spikko has no obligation to make available to You any subsequent versions of the Spikko Software. You also acknowledge and agree that You may have to enter into a revised version of this Agreement, in any event You want to download, install or use a new version of the Spikko Software. Furthermore, You acknowledge and agree that Spikko, in its sole discretion, may modify, discontinue or suspend Your ability to use any version of the Spikko Software, and/or disable any Spikko Software 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 Spikko’s sole discretion, are in breach of this Agreement, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Spikko will not accept any liability in relation to the direct or indirect damages caused by (a) the release and/or the absence of new versions of the Spikko Software and (b) the suspension or termination of any license granted to You by Spikko and/or this Agreement for whatever reason whatsoever.
    • 2.6 Spikko's Services. This Agreement applies to downloading, installing and using the Spikko Software. By registering to Spikko, or downloading the Spikko Software, You become a member of Spikko and as a member of Spikko, You are granted the right to use Spikko's services, according to this Agreement terms. The use of any service which may be offered by Spikko or its Affiliates, is subject to the additional Terms of Service that are published on the Spikko Website.
    • Article 3: License Restrictions and Additional Terms
    • 3.1 Distribution of the Spikko Software. You are not allowed to distribute the Spikko Software under this Agreement. For the right to distribute the Spikko Software You will have to agree and meet with the Distribution Terms as published on the Spikko Website.
    • 3.2 Distribution of Spikko API. Under this Agreement You are not allowed to use the Spikko API in connection with applications that You (or any third party) distribute or intend to distribute. If you wish to distribute Your application, which uses Spikko API, You will have to agree and meet with the Spikko API Terms of Use as published on the Spikko Website.
    • 3.3 Use of the Spikko API. You may make use of the Spikko API, subject to the license terms in Article 2.1 and for the sole purpose of enabling Your application to connect with the Spikko Software, provided that:
    • 3.3.1 All such use of the Spikko API is carried out for legitimate purposes and shall in no way and to no extent adversely affect the functionality or performance of the Spikko Software or services provided by Spikko;
    • 3.3.2 You will not remove, overtake, hide or otherwise make the UI inaccessible for any end user;
    • 3.3.3 You will monitor the Spikko Website in order to ensure that You are aware of any changes in the applicable legal documents, including, but not limited to, any applicable Terms of Use. In any event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the Spikko API and, where applicable, any and all use of the Spikko Software; and
    • 3.3.4 You acknowledge and agree that Your use of the Spikko API will be at Your own risk and account.
    • 3.4 Other Exceptions. If You are interested in doing anything else than as specifically permitted under this Agreement or by the Distribution Terms or the Spikko API Terms of Use, You will have to obtain Spikko’s prior written consent and explicitly agree upon any further (commercial) terms which Spikko may provide.
    • 3.5 Spikko Promotional Materials. Nothing in this Agreement will give You any right to use the Spikko Promotional Materials in any way.
    • Article 4: Utilisation of Your computer
    • 4.1 Utilisation of Your computer. You hereby acknowledge that the Spikko Software may utilise the processor and bandwidth of the computer (or other applicable device) You are utilising, for the limited purpose of facilitating the communication between Your computer the Spikko Software and Spikko's network.
    • 4.2 Protection of Your computer (resources). You understand that Spikko will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilising and of Your communication, however, You acknowledge and agree that Spikko cannot give any warranties in this respect.
    • Article 5: Confidentiality and Privacy
    • 5.1 Spikko’s Confidential Information. You agree to take all reasonable steps at all times to protect and keep strictly confidential any confidential information regarding Spikko, its Affiliates, the Spikko Staff, the Spikko Software and the IP Rights.
    • 5.2 Your Confidential Information and Your Privacy. Spikko is committed to respecting Your privacy and the confidentiality of Your personal data. The “Privacy Policy” that is published on the Spikko Website at www.Spikko.com 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, and that are protected by physical as well as technological security measures. You can always access and modify the information You provide to us in accordance with the Privacy Policy. If You object to Your information being transferred or used in this way please do not use any of our services, including, but not limited to the Spikko Software.
    • Article 6: IP Rights and Translations
    • 6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights to or arising from the Spikko Software are and shall remain the exclusive property of Spikko and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You under this Agreement. You will not take any action to jeopardise, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorised use of the IP Rights is a violation of this Agreement as well as a violation of any applicable intellectual property laws, including without limitation, copyright laws and trademark laws. You acknowledge and understand that all title and IP Rights in and to any third party content that is not contained in the Spikko Software, but may be accessed through use of the Spikko Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
    • 6.2 With the exception of IP Rights of Spikko and/or its licensors in the Spikko Software (including the Spikko API), You retain the intellectual property rights You may have in the applications, materials, products or processes You create which are based on or utilise the Spikko API. You hereby release and covenant not to hold liable Spikko 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 Spikko API; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the Spikko API. As between You and Spikko, Spikko and its licensors retain the IP Rights in and to the Spikko Software (including the Spikko API) and any derivative works thereto created by or for Spikko or its licensors.
    • 6.3 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Spikko’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.
    • 6.4 Translations. You acknowledge and agree that the intellectual property rights regarding any translations made by You of any information on or accessible through the Spikko Website or as otherwise requested of You by Spikko at any time prior to or subsequent of the Effective Date will be and remain the sole and exclusive property of Spikko without any compensation to You.
    • Article 7: Communication and Your Use of the Spikko Software
    • 7.1 Communication. Installing the Spikko Software enables You to communicate with other Spikko Software users, and in some cases with other communication networks.
    • 7.2 No Warranties. Spikko cannot guarantee that You will always be able to communicate with other Spikko Software users or other communication networks, nor can Spikko guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communication shall always be delivered to other Spikko Software users or communication networks. Spikko will not be liable for any such disruptions, delays or other omissions in any communication experienced when using the Spikko Software.
    • 7.3 No Responsibility of Content. You acknowledge and understand that the content of the communication spread by the use of the Spikko Software 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. Spikko will not be liable for any type of communication spread by means of the Spikko Software.
    • 7.4 No Emergency Services. You expressly agree and understand that the Spikko Software is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. Spikko, its Affiliates or the Spikko Staff are in no way liable for such emergency calls.
    • 7.4.1 Alternative Arrangements. By agreeing to this Agreement You understand that additional arrangements must be made in order for You to be able to access Emergency Services. To access Emergency Services, You acknowledge and accept Your responsibility to purchase, separately from the Spikko Software, traditional wireless or wireline telephone service that offers such access to Emergency Services.
    • 7.4.2 No Compulsion to Offer Emergency Services. You recognise and agree that Spikko is not required to offer Emergency Services pursuant to any applicable local and or national rule, regulation or law. You further recognise that Spikko is not a replacement for Your primary telephone service.
    • 7.5 Lawful Purposes. You acknowledge and agree to use the Spikko Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Spikko Software or any communication in connection with the Spikko Softaware, (c) send any unsolicited commercial communication not permitted by applicable law, or (d) expose any other user to any material which is offensive, harmful to minors, indecent or otherwise objectionable.
    • 7.6 Credit Minutes. All credit minutes which appear in Your account or in Your Spikko and/or Affiliate client are the sole property of Spikko. Any credit minutes usage in connection with the Spikko Software is subjected to this Agreement. Notwithstanding the aforementioned, in case You do not have enough aggregated credits to initiate an outgoing call, Spikko allows You to purchase credit minutes by utilising an online payment service, as appears in the Spikko Website. Such payment may be directed to Spikko, its Affiliates or any third party, such as, but not limited to, any distributor of Spikko. You will gain new credit minutes following such payment approval by the respective online payment service provider. Spikko provides two options for You to purchase such credit minutes, by a one-time purchase of credit minutes or by a monthly subscription, all in accordance with the terms hereof. In any case You chose the option of a one-time purchase of credit minutes, all of Your accumulated unused credit minutes in Your account will automatically expire within a period of one (1) year following such one-time credit minutes purchase. In any case You chose the monthly subscription option, Spikko shall charge Your chosen payment method automatically on a monthly basis, regardless of Your usage of the Spikko Software. Without derogating from anything contained herein, You hereby acknowledge and agree to the aforementioned payment methods and terms and You shall have no claims to Spikko, its Affiliates or any other third party in this regard, including, but not limited to, any expiration of any credit minutes or any payment that may apply in accordance with this Agreement.
    • 7.7 Other Charges. The Spikko Software may, from time to time, use a local access number in order to provide any Spikko's services (the “Local Access Number”). Such call to such Local Access Number may be subjected to further payments, including, but not limited to, payments due to long distance calls and/or “Roaming” charges to Your phone service provider or other third parties, depending on Your phone service package or any other relevant terms and conditions that may apply to You in connection with such use. The Local Access Number will be displayed while making such call from Your device and You are solely responsible for ascertaining whether additional charges apply to You in connection with such use of such Local Access Number. You hereby acknowledge and agree that You shall have no claims to Spikko, its Affiliates or any other third party in this regard, including, but not limited to, any additional charges that may apply to You in connection with Your use of a Local Access Number.
    • 7.8 Virtual Phone Numbers. Spikko may provide You with a personal virtual phone number that may be used by You in connection with the Spikko Software according to the terms herein (the “Phone Number/s”). You hereby acknowledge and agree that Spikko is not the owner of any Phone Number, that Spikko leases the Phone Numbers from their respective owners and that, in certain cases, You may have to fill additional documents of any third party in order for Spikko to be able to provide You with a Phone Number. Spikko hereby grants You a limited, personal, non-commercial, exclusive, non-sublicensable, non-assignable license to use the Phone Number in connection with Your use of the Spikko Software according to the terms herein. The Phone Number shall be provided to You by Spikko following the completion of any required payments by You to Spikko and the filling of any required document, all in accordance with this Agreement. You hereby acknowledge and agree that in any case such Phone Number has been assigned to You by Spikko and the required payment has not been provided to Spikko, Spikko may terminate or suspend the license granted to You in connection with the Phone Number in 15 (fifteen) days following the issuance of such Phone Number to You and You shall have no claims to Spikko, its Affiliates or any other third party, including, but not limited to, in any case You are unable to use a certain Phone Number following such termination or suspension. Without derogating from anything contained herein, the license granted to You in relation to any Phone Number may be terminated in any case the provider of such Phone Number or any relevant governmental authority restricts Your use of such Phone Number in any way. In most cases, following such license termination in relation with a certain Phone Number, Spikko may be able to provide You with an alternative Phone Number, but not in all cases.
    • 7.9 Incoming Calls and Blocked Numbers. Spikko shall not disclose Your Phone Number to any third party, other than as required by applicable law, a competent court order or any governmental authority. You hereby acknowledge and agree that You may receive, from time to time, incoming calls to a Phone Number from any third party, which Spikko has no control of, and You shall have no claims to Spikko, its Affiliates or any other third party, including, but not limited to, in any case You receive an unwanted incoming call, text message or any other form of communications to any Phone Number. In any case you receive such unwanted communications to a Phone Number, Spikko may suggest the following solutions for your convenience: (a) replace a certain Phone Number with a different Phone Number; or (b) block a certain number from communicating with a Phone Number, subject to Your filling of a dedicated form provided by Spikko.
    • Article 8: Term and (Consequences of) Termination
    • 8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Spikko or You as set forth below.
    • 8.2 Termination by Spikko. Without limiting other remedies available to Spikko according to this Agreement or any applicable law, Spikko may limit, suspend, or terminate this license and Your use of the Spikko Software, prohibit access to the Spikko Website and/or delete Your User Account (or Member Account) and/or User ID (or Member ID), with immediate effect, if we think that You are in breach of this Agreement, creating problems, possible legal liabilities, infringing any third party’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Spikko 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 (or Member) Account. Furthermore, we reserve the right to cancel User (or Member) Accounts that have been inactive for more than one (1) year.
    • 8.3 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 in Article 8.4 below.
    • 8.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Spikko Software shall terminate, and (b) will cease any and all use of the Spikko Software, and (c) will remove the Spikko Software from all hard drives, networks and other storage media and destroy all copies of the Spikko Software in Your possession or under Your control.
    • 8.5 No liability. Spikko will not be liable in respect to any damage or alleged damage caused by termination, expiration or suspension of this Agreement.
    • Article 9: Your Representations and Warranties; Indemnification of Spikko
    • 9.1 Representations. You represent and warrant that You are authorised to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Spikko Software.
    • 9.2 Indemnification. You agree to indemnify, defend and hold Spikko, its Affiliates and the Spikko Staff harmless from and against any and all liabilities 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 Spikko Software, or (d) use and/or modification of the Spikko API or (e) communication spread by means of the Spikko Software.
    • 9.3 Export Restrictions. You acknowledge that the Spikko Software 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 Spikko Software as well as end-user, end-use and destination restrictions issued by national governments.
    • Article 10: Disclaimer of Warranties
    • 10.1 No warranties. THE SPIKKO SOFTWARE IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. SPIKKO DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SPIKKO SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. SPIKKO DOES NOT REPRESENT OR WARRANT THAT THE SPIKKO SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SPIKKO WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SPIKKO SOFTWARE.
    • 10.2 Specific Disclaimer of Liability for Emergency Services. Spikko does not provide Emergency Services in conjunction with the Spikko Software. Neither Spikko 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 the Spikko Software to contact Emergency Services. You shall defend, indemnify, and hold harmless Spikko, the Spikko Staff, the Affiliates, any of their agents and any other service provider who furnishes services to You in connection with the Spikko Software, 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 Spikko Software provided hereunder, including specifically any claims arising out of the failure of Spikko to offer Emergency Services.
    • 10.3 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Spikko Software remains with You, to the maximum extent permitted by law.
    • 10.4 Jurisdiction’s Limitations. As some jurisdictions may 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 Your liability according to this Agreement will be limited as far as legally possible under the applicable legislation.
    • Article 11: Limitation of Liability
    • 11.1 No Liability. The Spikko Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT SPIKKO, ITS AFFILIATES AND THE SPIKKO STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SPIKKO SOFTWARE, AS SET FORTH BELOW.
    • 11.2 Limitation of Liability. IN NO EVENT SHALL SPIKKO, ITS AFFILIATES OR THE SPIKKO STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION TO ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SPIKKO SOFTWARE IN ANY WAY, EVEN IF SPIKKO, ITS AFFILIATES OR THE SPIKKO STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • 11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SPIKKO SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE SPIKKO SOFTWARE.
    • 11.4 Jurisdiction’s Limitations. As some jurisdictions may 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.
    • Article 12: General Provisions
    • 12.1 Revised Versions of this Agreement. Spikko 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 Spikko 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 button. The express acceptance by You, or Your continued use of the Spikko Software following the expiry of such 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.Spikko.com.
    • 12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and Spikko with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
    • 12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
    • 12.4 No waiver. The failure of Spikko at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Spikko.
    • 12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
    • 12.6 Assignment by Spikko. Spikko is allowed, at its sole discretion, to assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.
    • 12.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of The United Kingdom without giving effect to any conflict of laws provisions.
    • 12.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of London.
    • 12.9 Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.
    • 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 BUTTON AND/OR CONTINUING TO INSTALL THE SPIKKO SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SPIKKO THE RIGHTS SET FORTH HEREIN.
    • Article 13: The Spikko WebSite
    • 13.1 By using this Site, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this Site on your computer also abides by the Terms of Use. Spikko has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of this Site shall be deemed an irrevocable acceptance of any revision to the Terms of Use. We may also impose limits on certain features or restrict your access to parts or the entire Site without any notice or liability.
    • 13.2 Privacy. Your privacy is very important to us at Spikko. To better protect your rights we have provided the Spikko Privacy Policy to explain our privacy practices in detail.
    • 13.3 Use of Software. Spikko's internet communications software, sometimes referred to as (the “Spikko Software”) and accompanying documentation that are made available by download from this Site are the copyrighted work of Spikko. The use of the Spikko Software is governed by the terms of the end user license agreement available at http://www.Spikko.com/legal. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Spikko Software. Any software provided to you by Spikko through Spikko Developer is subject to its own licensing terms in which case such licensing terms will govern your use of that software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the any software made available on this Site.
    • 13.4 Warranties, Disclaimers and Limitation of Liability. This Site and all content and materials on it are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Spikko disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose or the warranty of non-infringement. Without limiting the foregoing, Spikko does not represent or warrant that: (i) this Site will be accurate, reliable, uninterrupted, secure or error-free; (ii) defects in this Site will be corrected; (iii) this Site or the server that makes it available are free of viruses or other harmful components.
    • 13.5 LIMITATION OF LIABILITY. IN NO EVENT SHALL SPIKKO, ITS AFFILIATES, ITS LICENSORS OR THE SPIKKO STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED BY YOU; (II) ANY LOSS OF DATA, INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) THAT MAY BE INCURRED BY YOU; AND (III) ANY CLAIM, DAMAGE, OR LOSS WHICH MAY BE INCURRED BY YOU AS A RESULT OF (A) THE AVAILABILITY OF MERCHANTS’ WEBSITES AND/OR ANY OTHER THIRD PARTY WEBSITES, (B) ANY RELIANCE PLACED BY YOU ON ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER CONTENT OR MATERIALS ON, OR AVAILABLE FROM, SUCH THIRD PARTY WEBSITES; OR (C) ANY OF YOUR TRANSACTIONS WITH MERCHANTS. THE LIMITATIONS ON SPIKKO’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT SPIKKO, ITS AFFILIATES OR THE SPIKKO STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF SPIKKO FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SPIKKO, THE SPIKKO STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
    • 13.6 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In any such event, the liability will be limited as far as legally possible under the applicable law.
    • 13.7 Term. These Terms of Use are effective until terminated by either you or Spikko as set out below. You may terminate your agreement with Spikko at any time by ceasing to use this Site and destroying the User Materials together with all copies thereof. Spikko may terminate its agreement with you at any time if you have breached any term or condition of these Terms of Use. In such event, no notice shall be required by Spikko to effect such termination. Upon termination of these Terms of Use, you agree to cease using this Site and to destroy the User Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Spikko at your expense.
    • 13.8 The Site; Third Party Sites. This Site includes hyperlinks to other websites and content and introduces you to various third party merchants (“Merchant(s)”) whose products and services may be purchased on the Merchants’ websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website. Spikko has no control over such third party websites and the inclusion on this Site of a hyperlink to any third party website is not an endorsement by Spikko of such website, or to any content, products or services available on it. You acknowledge and agree that: The product information and pricing that is shown on this Site regarding third party products and services is provided to Spikko by the applicable Merchant. Merchants have the ability to change their pricing or terminate their product availability at anytime. Spikko is not involved in any transactions between you and any Merchant whose products and/or services are listed on this Site. Spikko does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by any Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, any Merchants’ websites, nor any listing or other content about such products and services displayed on this Site; (v) links to any Merchants’ websites that are featured on this Site. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
    • 13.9 Online Behaviour. You shall at all time comply with Spikko'S etiquette when using this Site. Please exercise respect when participating in any of Spikko’s community features such as Forums, Blogs, Email functions or any other function on this Site which allows you to send, post, upload, edit, host, share and/or publish content (“User Materials”). You may not submit or publish through this Site any User Materials that are libelous, defamatory, pornographic, considered as an invasion of privacy according to applicable law, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through this Site that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer. Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to this Site you automatically grant Spikko a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for this Site, Spikko and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials. You acknowledge and agree that: (i) by using this Site you may be exposed to content that you may find offensive or indecent and you use this Site at your own risk; (ii) you are solely responsible for, and Spikko has no responsibility to you or to any third party for any User Materials that you create, submit, post or publish on this Site; and (iii) Spikko is not responsible for any User Materials that you may have access to through your use of this Site, and all User Materials are the responsibility of the person from whom such User Materials originated. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the respective owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content. If Spikko receives any notification that any Third Party Content or any User Materials that you post or use are inappropriate, infringes any rights of any third party, or if Spikko wishes to remove any Third Party Content or User Materials posted by you for any reason whatsoever, Spikko reserves the right to automatically remove any such content for any reason immediately or within such other timescales as may be decided from time to time by Spikko in its sole discretion. The content shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Spikko is under no obligation to put back such content at any time.
    • 13.10 Submissions. Certain parts of this Site may ask for written suggestions or problem reports such as using our contact form or problem report form (“Submissions”). In such a case, please read carefully the specific terms, which govern those Submissions (“Additional Terms”). In the absence of Additional Terms, the Spikko Terms of Use shall govern your legal rights with respect to those Submissions. The Submissions shall be deemed the property of Spikko. Spikko shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Spikko will not be treated as confidential and Spikko shall not be liable for any disclosure of the Submissions.
    • 13.11 Unsolicited Ideas. Spikko does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to Spikko through this Site or otherwise, you acknowledge and agree that Spikko shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
    • 13.12 Accounts and Security. Spikko does not warrant that the functions contained in the service provided by this Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components. As part of the registration process to use the Spikko Software and create a Spikko account (“Account”), each user will select a password (“Password”) and user name (“User Name”). You may also be asked to register to use other resources on this Site, for example, Spikko Developer. You shall provide Spikko with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account. Only choose a User Name that you have a right to use and don’t include someone else’s trademarks (or confusingly similar marks) in your User Name. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorisation; or (iii) use a User Name that Spikko, in its sole discretion, deems inappropriate or offensive. You shall notify Spikko of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Spikko’s sole discretion, and you may be reported to the appropriate law-enforcement agencies.
    • © Spikko – Last revised: June 29, 2015