TERMS AND CONDITIONS OF USE
MASWERASEI provides and operates voice over IP (VoIP) telecommunications service, and distributes a VoIP
application for mobile (Android and IOS), called Maswerasei (“the Application”), to any
individual user, whether for personal or business purposes.
The Service and the Application, as well as other associated support, maintenance or development services, and more generally all products and services provided by Maswerasei are described on Maswerasei ' website.
These General Terms and Conditions apply to the use of the Service and the Application by the User.
Under these Terms and Conditions, each of the expressions mentioned below will be defined as follows:
- Application: the Maswerasei application for Android and iOS, downloadable on the User’s Device; published by Maswerasei;
- Personal Data: Personal data of the User, processed by the Application, when used by the User;
- Data: data and content, of any kind, provided by the User on the Application, and processed by the Application;
- Service: Maswerasei VoIP service for audio calls, using the open protocol SIP (Session Initiation Protocol), allows users to create a free SIP account with the SIP Service, and that is made available for free online or via the Application, under the conditions set forth in these T&Cs;
- Site: Maswerasei website, published and operated by Maswerasei, describing and updating the functionalities and prerequisites of the Service; and allowing access to the Service and download of the Application;
- Device: a fixed or mobile telecommunication device with Internet access, such as a smartphone, tablet, hardware phone, or personal computer (PC), which allows the Application to be downloaded and the Service to be used, in accordance with the prerequisites indicated at the time of download;
- User: a natural person having downloaded and using the Application or the Service, for personal or professional purposes;
- Contact Person: natural person, User of the Service, with whom the User interacts via the Application.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The purpose of these General Terms and Conditions of Use (hereinafter referred to as the
“T&Cs”) is to define the conditions under which the User may access the Application and
take advantage of all the functionalities of the Service.
These T&Cs are accessible at any time on the Application and on the Site.
Downloading the Application and subscribing to the Service is subject to the User’s full and reserved acceptance of these T&Cs.
Maswerasei reserves the right to amend or supplement at any time the present T&Cs which will, in such a case, be subject to a new acceptance by the User.
3. SERVICE DESCRIPTION
The “Maswerasei SIP Service” (the Service) offers the following main features:
- Audio over IP calls ;
- Audio conferencing ;
This list of services is not exhaustive and may be revised, supplemented or limited at any time by Maswerasei, which the User expressly acknowledges, without this modification giving rise to compensation for the User, given the free nature of the Service and of the Application.
4. ACCESS TO THE SERVICE
4.1. User Account
To access the Service, the User must use a Device compatible with the technical prerequisites indicated on the Site and access the Site giving access to the Service, or download the Application from the Site, or from a store (Google Play Store, Apple Store).
Thereafter, the User must create a User Account.
For this purpose, he will communicate the following data: *telephone number (mandatory). Required data are marked with an asterisk.
The User will need to choose a personal password. The User’s username and password are confidential and non-transferable. The User undertakes not to communicate them to third parties and to ensure their confidentiality. The password may be changed by the User via the Service.
Maswerasei shall not be held liable for any direct or indirect damage suffered by the User or by third parties resulting from fraudulent access to the User’s personal account, resulting from the disclosure of his or her Ids (username or password) or from a security breach on the User’s Device.
The User may, at any time, close his Account directly by using delete account option withon the application, without Maswerasei support.
4.2. Free Service
The Service is free for all users, regardless of its use, as long as it complies with these T&Cs.
The User may, however, subscribe to additional support and maintenance services or order any specific development services, by contacting Maswerasei.
5. PERSONAL USE OF THE SERVICE
The Service may be used for personal or professional purposes.
However, a User Account must remain strictly personal, for the sole use of the User, and may under no circumstances be used collectively, for example by other employees of the same company.
If several employees of the same company wish to benefit from the Service, they must each create their own User Account.
The automated and/or simultaneous creation of User Accounts, without human intervention, for the
purposes of assigning them to people working for a company, whatever its legal status, is strictly
prohibited. Maswerasei has a monitoring tool to detect any suspicious account creation, carried out
in a massive and/or automatic way.
Any User Account created in violation of this section will, at the sole discretion of Maswerasei, and after investigation with the User(s) holding the Account(s), be suspended or terminated, without prejudice to any rights and remedies of Maswerasei against the person or entity that created such Account(s).
6. INTELLECTUAL PROPERTY
6.1. License to use the Application
The Application is released under the free GNU GPL v.3 license.
Pursuant to this License, the User is granted the main following rights:
In order to know precisely the extent of his rights, the User is advised to refer to the exact terms of the License and, if necessary, to refer to the FAQ of the Free Software Foundation or to ask Maswerasei about his rights and obligations under this article.
The User is informed that he or she may if he or she prefers, subscribe against a fee to a proprietary license on the Application source code, as well as additional support, consulting and development services; upon prior quotation, from Maswerasei
6.2. Intellectual Property
The Application, the Service, and all the elements composing it (in particular its source code, its graphic charter, and its database) are protected by the intellectual property to the exclusion of software components developed and distributed by third parties and Data published by third parties, or by the User.
In particular, any reproduction and modification of the logo of the Application, as well as the “Maswerasei” remains strictly prohibited.
The exchange, rental, and transfer to a third party of these elements or contents are strictly prohibited, without the prior written agreement of the copyright holders.
6. USER COMMITMENTS
The Application is used under the sole responsibility of the User, who undertakes to respect the rights of the Contacts, and to refrain from any illicit data collection, as well as to comply with the rules set forth in this article regarding the dissemination of Content.
7. DATA SECURITY
7.1. User Account Security
The User is responsible for the security of his User Account and the confidentiality of the data stored therein.
Thus, it is particularly recommended to the User:
- to choose a strong password to access its User Account (8 characters minimum, with at least one upper case, one lower case, one number, and one special character) ;
- to install an antivirus on his Device,
- to lock his Device with a password or reinforced means of identification, such as biometrics (fingerprint or facial recognition);
Consequently, it is up to the User to make his or her own backup of the Data, on an external medium, or on an external backup service, if he or she so wishes.