Terms and Conditions

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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