Effective Date: SEP 27, 2024
Fanytel, provided by Zeust Limited, a company registered under Cyprus Republic law at 1 Avlonos Street, Maria House, 1075 Nicosia, Cyprus ("Fanytel," "us," "our," or "we"), offers services governed by the following Terms and Conditions. These terms, combined with any additional conditions found on the website (referred to as the "Terms of Service"), outline the relationship between you and Fanytel regarding the services provided.
Important Notice: If you do not agree to these Terms of Service, we cannot grant you a license for the App or other services, and you must cease using the App, the Site, and our services immediately. If you reside in a jurisdiction where using internet telephony or other services provided by us is prohibited by law, you may not use our services in that jurisdiction.
No Emergency Calls: Please note that the App and our services are not a substitute for regular phone services. They are not designed to support or handle emergency calls to hospitals, law enforcement agencies, medical units, or any other emergency services. Additionally, they are not intended for operator or directory enquiry services. Fanytel holds no responsibility for such emergency calls. It is crucial to have alternative means for making these types of calls if needed.
1. ACCEPTANCE OF TERMS OF SERVICE
By using our services, you agree to follow these rules. When you click "accept" during sign-up, it's a deal between you and Fanytel. If you don't like these rules, you can't use our services. When you download our app from the App Store or Google Play, you also accept their rules.
We might update these rules sometimes. We'll post any changes on our website. The new rules apply when we post them. Please check our rules regularly. If you use our services after we change the rules, it means you accept the new ones. If you don't like the changes, please stop using our site, app, or services.
2. THE SERVICES
Fanytel APP currently offers a wide range of VoIP mobile services including:
- Virtual Phone Numbers: U.S. phone numbers and other numbers provided through the Fanytel App.
- International calling services using internet-based technology.
- SMS services, allowing users to send and receive SMS globally.
These communication services and all other services, products, features, functionalities, and/or interactions as set forth in this document or presented on the Site or otherwise provided or made available to you by Fanytel from time to time, as well as the App and the Site, shall collectively be referred to in these Terms of Service as the “Services.”
2.1 Use of the Services
You agree to use the Services in accordance with the Terms of Service and to act in compliance with any applicable law, regulation, or generally accepted practices or guidelines in relevant jurisdictions (including, without limitation, any applicable export laws and regulations).
You must not use the Services, nor permit the Services to be used:
1. For sending any communication or Message that:
- Is defamatory, abusive, or vulgar;
- Is false, misleading, or unlawful;
- Infringes on privacy;
- Promotes hate or is racially, ethnically, or otherwise objectionable;
- Fanytel deems offensive or inappropriate.
2. For the persistent sending of messages without reasonable cause, or to annoy, inconvenience, or distress others;
3. In violation of any applicable law (including Privacy Laws) or industry code;
4. In a way that could harm the goodwill of Fanytel or its partners;
5. To expose Fanytel or its partners to legal risks;
6. To transmit messages that may harm minors;
7. To send unsolicited electronic commercial messages without consent;
8. To disrupt Fanytel’s operations or services;
9. In a way that infringes any person’s Intellectual Property Rights;
10. In violation of the rules of any supplier.
It is your responsibility to ensure that you are legally allowed to use the Services where you are located. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or stop using the Services.
You acknowledge and understand that Fanytel’s voice communication services are not traditional telephone services and should not replace your primary telephone service. Fanytel reserves the right to change or discontinue the Services at any time without prior notice.
2.2 Phone Numbers Provided by Fanytel
Phone numbers are provided on a prepaid basis and are set to auto-renew from your Fanytel account balance until you cancel the subscription or it fails to renew due to a low account balance. If you fail to renew your subscription, the telephone number will be canceled, and Fanytel may not be able to recover it.
Fanytel does not guarantee that the telephone numbers will be reachable from all mobile and fixed networks or that they will support services like receiving One-Time Passwords (OTPs) from third-party services. Therefore, no refunds will be issued for issues related to OTPs or similar services.
Fanytel reserves the right to cancel, substitute, or change virtual phone numbers at its discretion. Upon termination of your account or phone number subscription, the number will be reassigned to other customers and cannot be reassigned to you in the future.
Phone Number Transfers
Fanytel users may transfer purchased phone numbers to another Fanytel user. By initiating or accepting a phone number transfer, both the transferor (original owner) and the transferee (new owner) agree to the following terms:
- The transferor remains responsible for all activities, usage, and compliance requirements related to the transferred phone number up until the time of transfer.
- The transferee assumes full responsibility for all activities, usage, and compliance requirements from the time the transfer is completed.
- In the event of a subpoena or any legal request, the data associated with the transferred phone number will include records of both the transferor and transferee. Fanytel will provide information to law enforcement or legal authorities regarding the transfer, including the identities of both parties involved.
- Both parties acknowledge that transfers do not absolve either user of any obligations, liabilities, or legal compliance prior to the transfer.
2.3 Service Updates
Fanytel may add new features, functions, or updates to the Service at its discretion. We are not liable for any damages related to the release or absence of updates or for the suspension or termination of the Service.
2.4 Your Account
To use the Services, you must register as a user. You agree to provide accurate, up-to-date information during registration. You are responsible for all use of your account, including any fraudulent activity.
2.5 Unauthorized Use, Stolen Devices
You are solely responsible for all activities associated with your account. If your device is stolen or if you suspect unauthorized access to your account, you must immediately notify Fanytel to suspend your account. Fanytel is not responsible for any charges incurred due to unauthorized access.
2.6 Prohibited Use and Restrictions
- Compliance with Laws: Use our services in full compliance with the law. If your local laws restrict or prohibit the use of our services, you must comply or stop using our services.
- Bad Behavior: If Fanytel detects bad behavior, such as spam SMS, generating excessive or fraudulent calls, or any other misuse of the service, we reserve the right to block the related user without refund and without prior notice.
- Content Responsibility: You are responsible for the content of your communications. Do not use our services for illegal purposes, or for sending material that is unlawful, harassing, or harmful.
- Bulk SMS: You must not use our services for sending Bulk SMS or unsolicited messages.
- Abuse and Interference: You must not interfere with or abuse Fanytel’s services or property.
2.7 Fanytel and Third-Party Services
You may use a Fanytel phone number to create accounts on third-party services, such as WhatsApp, Telegram, or any other similar platforms. By using a Fanytel phone number with these services, you adhere to their respective terms of use and privacy policies. Please note that some third-party services, including WhatsApp, may not recognize VOIP numbers, particularly U.S. VOIP numbers, as per their current policies. Fanytel cannot guarantee the activation or continued service of your phone number on any third-party platform.
If your Fanytel phone number is not accepted, or is banned, by any third-party service, Fanytel is not liable for any damages, and no refunds will be issued for issues related to third-party compatibility. Any disputes or issues arising from the use of a Fanytel phone number on a third-party service should be directed to the respective service's customer support.
2.8 Submission of Information to Fanytel
Any information you provide to Fanytel (e.g., feedback, content) is considered non-proprietary and non-confidential. By submitting this information, you grant Fanytel a royalty-free, worldwide license to use it.
2.9 Disclosure of Information
Fanytel reserves the right to disclose any data or information as necessary to satisfy applicable laws or legal processes.
2.10 No Warranties
The Services are provided "as is" without warranties of any kind. Fanytel disclaims all warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. Fanytel does not guarantee uninterrupted service or that defects will be corrected.
2.11 Suspension and Interruption of the Services
Fanytel reserves the right to suspend, modify, or discontinue the Services at any time without prior notice for maintenance or other reasons.
2.12 Content of Communication
Fanytel is not responsible for the content of communications made using the Services. You may be exposed to content that is offensive or objectionable.
2.13 No Emergency Calls
The Services do not support emergency calls. You must ensure you have alternative arrangements for making emergency calls.
3. PAYMENT, DELIVERY, RATES, AND ACCOUNTS
3.1 Payment
The Service is offered on a prepaid basis. You must maintain a positive account balance to use the Services. If your account balance is negative, services may be suspended or terminated.
Payments are processed through third-party Payment Processors, and you agree to their terms and conditions.
3.2 Delivery
Upon receiving an order, Fanytel will confirm the purchase and generate an invoice. Delivery is typically instant but may take up to 8 hours for verification.
3.3 Chargebacks
Chargebacks are strongly discouraged. If you believe a charge was made in error, contact us at sales@fanytel.com. If you reverse a charge without following this procedure, we reserve the right to terminate your account.
3.4 Auto-Renewal
Services will automatically renew unless your account balance is negative. If you do not have sufficient funds, the subscription will be canceled.
3.5 Rates and VAT
Rates for Services are published on the website and in the Fanytel App. Rates include VAT where applicable. Rates may change without notice. By continuing to use the Services, you agree to any rate changes.
3.6 Minute Rounding
Calls are rounded up to the next full minute. For example, a call lasting 7 minutes and 10 seconds will be rounded up to 8 minutes.
3.7 Refunds
No refunds are available for prepaid services. If you believe that Fanytel has charged you in error, you may request a refund by submitting a written request in English to Fanytel’s Customer Support at sales@fanytel.com. No refunds will be given for any charges more than 30 days old.
3.8 Account and Receipt
You are responsible for keeping records of your account usage, including payments and invoices.
3.9 Expiration of Credits
Credits on your account will expire 24 months after the last account activity.
3.10 Payment Acceptance Policy
Fanytel reserves the right to accept or decline any payment based on security measures, including fraud detection.
4. TERMINATION AND SUSPENSION
The Terms of Service remain effective until terminated by you or Fanytel. You may terminate your account by notifying Fanytel at sales@fanytel.com. Fanytel reserves the right to suspend or terminate services at its sole discretion.
If your account is terminated due to a violation of these Terms, no refund will be provided, and all associated data and files may be deleted.
5. MISCELLANEOUS
5.1 Assignment
Fanytel may assign its rights and obligations under these Terms without notice. You may not assign any rights or obligations without Fanytel's prior written consent.
5.2 Limitation of Liability
Fanytel and its partners will not be liable for any indirect, special, or consequential damages, including lost data or profits. In any event, Fanytel's liability will be limited to the amount paid by you for the Services in the five months prior to the event causing the damage, up to a maximum of 5,000 euros.
5.3 Indemnity
You agree to indemnify Fanytel and its partners against any claims arising from your use of the Services, your breach of these Terms, or your violation of any rights of another party.
5.4 Applicable Law and Jurisdiction
These Terms are governed by Cyprus law. Any disputes will be settled by Cypriot courts.
5.5 Entire Agreement
These Terms represent the entire agreement between you and Fanytel. Any prior agreements or understandings are superseded by these Terms.
5.6 Headings
Headings are for convenience only and do not affect the interpretation of these Terms.
5.7 Force Majeure
Fanytel is not liable for any failure to perform its obligations due to events beyond its control, including, but not limited to, natural disasters, strikes, war, government actions, or other unforeseen circumstances. This also includes actions taken by third-party providers, such as the termination or suspension of services, which may result in the loss or disruption of virtual phone numbers provided to our end users. In such cases, Fanytel is not liable for any damages or losses resulting from the interruption or termination of services.
Fanytel will make reasonable efforts to notify affected users and provide alternative solutions where possible, but continuity of service cannot be guaranteed in these circumstances.
5.8 Communication Between Us
If you need to contact Fanytel, please email us at sales@fanytel.com.
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Zeust Limited
Address: 1 Avlonos Street, Maria House, 1075 Nicosia, Cyprus
Phone: +35722007528
VAT no: CY10362856T
Registration no: HE362856
Effective Date: SEP 27, 2024
Welcome to Fanytel, brought to you by Zeust Limited ("we," "us," or "our"). Protecting your personal data and respecting your privacy is of utmost importance to us. This Privacy Policy outlines how we collect and process your personal data, describes your rights, and provides information on how to exercise them.
If you have any questions about this Privacy Policy or your personal data, please don't hesitate to contact us at info@zeust.net.
IMPORTANT NOTICE: This Privacy Policy applies to anyone visiting our websites, using our services or products, or interacting with us in any manner. It is imperative that you read and understand this Privacy Policy before using our services and products.
1. Information Collection
We collect personal data through various means, including when you visit our websites, download our apps, engage with electronic advertisements, use our services, make purchases, contact us, or utilize our customer portal. The categories of personal data we may collect and process include:
1.1 Registration and Account Information:
When you sign in to Fanytel, we collect information based on the authentication method you choose. This may include:
- Google Account: If you sign in with your Google account, we may collect your name, email address, and other basic profile information that Google shares with us.
- Apple Account: If you sign in with your Apple ID, we may collect your name, email address, and other basic profile information that Apple shares with us.
- Phone Number: If you sign in with your phone number.
1.2 Device and Connection Information:
When you install, access, or use our services, we may collect device and connection-specific information. This includes details like hardware model, operating system information, app version, browser information, mobile network, connection information (e.g., phone number, mobile/phone operator, or internet service provider), language, time zone, IP address, device operations, and device identifiers. If you install the Fanytel app, we may request access to your mobile device's address book.
1.3 Activity and Usage Information:
We gather information about your usage of our services and other activities related to Fanytel. This includes details such as registration dates, service usage patterns, purchased items, features used, service settings, as well as the timing, frequency, and duration of your activities and interactions (e.g., phone numbers or identification details of calling and receiving parties, call duration, messages, mobile money top-ups, delivery notices). We also collect log files and diagnostic, crash, website, and performance logs and reports.
1.4 Location Information:
We may collect and process precise location information. This data is used to provide location-based features and services and to improve the user experience.
1.5 Customer Support and Social Media:
If you utilize our Customer Support service, interact with us on our social media channels, or engage with us in any other manner, we may retain a record of these interactions. This includes correspondence such as email copies and your email address.
1.6 Behavioral and Tracking Details:
We may collect location data, behavioral patterns, personal preferences, IP numbers, cookie identifiers, and unique device identifiers used to access our services and websites.
1.7 Payment Information:
When processing payments for our services, we collect billing details, including name, address, email address, bank details, and other financial information corresponding to your selected payment method. Note: We do not store payment card details.
1.8 Sensitive Personal Information:
We may collect sensitive personal information, such as payment information and any other data that requires higher protection levels under applicable law. We ensure that this information is processed securely and in compliance with legal standards.
2. Security Measures for Personal Data
We process your personal data in accordance with applicable data protection legislation and regulations. To safeguard your personal data from unauthorized disclosure, misuse, loss, alteration, or destruction, we've implemented robust legal, technical, and organizational security measures. These measures are designed to maintain a level of security commensurate with the associated risks of our data processing activities. If you have questions about our security measures, please reach out to us at info@zeust.net.
3. Sharing Information
We work with carefully selected third-party service providers to help operate, improve, and secure our services. These providers may process personal data on our behalf and include services such as cloud hosting, authentication, and analytics. One of the key service providers we use is Firebase (a Google service), which helps us with authentication, data storage, and app performance monitoring.
We ensure that all third-party service providers handle your personal data in compliance with applicable data protection regulations.
Additionally, we may share your personal data in the following circumstances:
- Upon request, we may provide authorities (e.g., the police and tax authority) with personal data if we have a legal obligation to do so.
- To enforce or apply our Terms of Service and any other agreements with you.
- To safeguard the rights, property, or safety of us, our users, or others.
- In the event of an asset sale by Fanytel or a group company, corporate restructuring, or a change of control of Fanytel or a group company.
When we share your data, we remain committed to ensuring that the relevant third parties implement appropriate legal, technical, and organizational measures to protect and safeguard the personal data in line with applicable data protection legislation and relevant supervisory authorities' regulations and guidelines on personal data security. We will never sell your personal data to a third party unless we have your explicit permission to do so.
Transfer of Data to Third Countries: While we prefer to process your data within the EU/EEA, certain situations may require data transfer outside this region. Before transferring data outside the EU/EEA, we take reasonable measures to ensure that either the third party provides an adequate level of protection for personal data, or appropriate safeguards are in place, in accordance with applicable data protection legislation, such as the EU Commission's standard contractual clauses or specific derogations provided under relevant data protection legislation.
4. Communications and Notifications
Fanytel may use your personal data to communicate with you. This communication may include messages related to updates, faults, alerts, and technical or usability issues within the app and other services. Such communication is considered an integral part of the service we provide.
Occasionally, we may request your input on your experiences using the app and other services. This information will be used to enhance the quality and provision of our services. You are under no obligation to provide such information, and it will be used for the purpose of reviewing and improving our services.
Fanytel may periodically contact you via email, phone, SMS, or other appropriate information channels to keep you informed about Fanytel and its services. This includes updates on new products, campaigns, promotions, and payment methods. If you do not wish to receive promotional messages from Fanytel, you can unsubscribe by following the instructions in the promotional messages you receive or by contacting our customer support at support@fanytel.com.
5. Third-Party Sites
Our site or app may include links to third-party websites. Please be aware that these linked websites are not under our control. To learn more about how third parties handle personal data, please refer to their respective privacy policies. Our Privacy Policy pertains solely to personal data received or collected from you through our site, app, your use of our services, or your relationship with Fanytel.
6. Changes to the Privacy Policy
We continually seek innovative ways to enhance our services, and we reserve the right to update or modify this Privacy Policy at any time, with or without notice. This may be done to reflect improvements, changes to our business, or to comply with applicable data protection legislation. Our Privacy Policy is always available on our website (under Legal Information) and within our app (under Support), ensuring that you, our users, are aware of the personal data we collect, how and why it is processed, and the circumstances under which such information may be shared. We recommend periodically reviewing the Privacy Policy to stay informed. If you do not agree with the terms of this Policy, please refrain from using our services.
7. Data Retention
We retain collected personal data for as long as it is necessary for our operations, but no longer than two years and 10 months after your account is closed, unless legal obligations necessitate longer retention. When Fanytel stores data for purposes other than contractual obligations, such as bookkeeping or lawful intercept requirements, we keep it only for the necessary and legal period associated with each purpose.
8. Your Rights: Access, Rectification, and Erasure
In compliance with applicable data protection legislation, you possess the following rights regarding personal data:
- Right to Access: You have the right to obtain information about any personal data being processed about you and access to such data, if any.
- Right to Rectification: You have the right to obtain the rectification of inaccurate personal data about yourself.
- Right to Erasure ("the right to be forgotten"): You have the right to obtain the erasure of data about you if the data is no longer necessary for the purpose it was collected. Legal obligations may require us to retain some data, but in such cases, we can block the data from being used for other purposes or anonymize it.
9. California Consumer Privacy Act (CCPA) Rights
If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA). These include the right to know what personal information we collect about you, the right to request deletion of your data, and the right to non-discrimination for exercising these rights. To exercise your CCPA rights, please contact us at info@zeust.net.
10. Virginia Consumer Data Protection Act (VCDPA) Rights
If you are a Virginia resident, you have specific rights under the Virginia Consumer Data Protection Act (VCDPA). These include the right to access your data, correct inaccuracies, request deletion of your data, and opt-out of the sale of personal data and targeted advertising. To exercise your VCDPA rights, please contact us at info@zeust.net.
11. Data Controller and Data Protection Officer
Zeust Limited is the data controller responsible for your personal data. If you have any questions or concerns regarding your personal data or our privacy practices, please contact our Data Protection Officer at info@zeust.net.
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Zeust Limited
Address: 1 Avlonos Street, Maria House, 1075 Nicosia, Cyprus
Phone: +35722007528
VAT no: CY10362856T
Registration no: HE362856
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