Terms of Service

These Terms of Service ("Terms") govern your access to and use of the teracalls.com website and any related applications, products, and services (collectively, the "Service") provided by teraCall ("teraCall", "we", "us", or "our"). By using the Service you agree to these Terms. If you do not agree, do not use the Service. This document is a working draft intended to reflect current practice; please review it with qualified legal counsel before relying on it. The English version is the authoritative legal text; translations are provided for convenience only.

Eligibility

The Service is intended for users who are at least 18 years old, or the age of majority in the jurisdiction from which the Service is accessed if that age is higher. By using the Service you represent that you meet this requirement, that you are not barred from using the Service under the laws of the United States or your jurisdiction, and that you will comply with these Terms and all applicable laws.

The Service

teraCall provides information about, and access to, international voice calling and mobile top-up products and related communications. Specific features, pricing, supported destinations, and promotional offers may change at any time, with or without notice. Some features depend on third-party carriers, payment processors, app stores, and other third parties, and may be unavailable or interrupted as a result of those third parties.

Information you provide

You agree that any information you submit through the Service — including your name, email address, phone number, country of interest, and the contents of messages — is accurate, current, and lawfully provided. You are responsible for keeping that information up to date. You must not submit information about any other person without their permission.

Acceptable use

You agree not to use the Service to: (a) violate any law, regulation, contract, or third-party right, including intellectual-property and privacy rights; (b) send spam, phishing, fraudulent, deceptive, harassing, threatening, or unlawful communications; (c) interfere with, probe, scan, or test the vulnerability of any system or network, or breach any security or authentication measure; (d) access the Service by automated means (scripts, bots, scrapers) other than well-behaved search-engine crawlers that respect our robots directives; (e) reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service except to the extent expressly permitted by law; (f) reproduce, resell, rent, lease, or commercially exploit the Service or its content without our written permission; (g) impersonate any person or misrepresent your affiliation; or (h) introduce viruses, worms, malware, or any code intended to disrupt the Service or other users.

We may suspend or terminate access for any user who, in our reasonable judgment, violates these rules.

Marketing communications

If you opt in to marketing communications, we may send you email (and, where you have separately consented, SMS) about teraCall products, offers, and news. We comply with applicable laws including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and equivalent laws outside the United States. Every marketing message includes a clear way to opt out. Carrier message-and-data rates may apply to SMS. Transactional communications (such as confirmations, security notices, and receipts) are not marketing and continue while you use the Service.

Intellectual property

The Service, including the teraCall name and logo, the website design, copy, graphics, and software, is owned by teraCall or its licensors and is protected by intellectual-property and other laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for personal, non-commercial purposes, subject to these Terms. No other rights are granted. All trademarks, service marks, and logos that appear on the Service are the property of their respective owners and are used here for identification only.

If you submit feedback or suggestions, you grant teraCall a worldwide, royalty-free, perpetual license to use them for any purpose, without obligation to you.

Third-party services and links

The Service may link to or interoperate with third-party websites, applications, payment processors, app stores, and carriers that we do not control. We are not responsible for those third parties or for any content, products, or services they offer, and your dealings with them are solely between you and them. Their terms and privacy policies apply when you use them.

Disclaimers

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, teraCall disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects will be corrected, or that the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of liability

To the maximum extent permitted by law, teraCall and its officers, directors, employees, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, or business interruption, arising out of or in connection with these Terms or the Service, whether based on contract, tort, statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us for the Service in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD 100).

Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law (for example, liability for fraud, gross negligence, or death or personal injury caused by negligence).

Indemnification

You agree to defend, indemnify, and hold harmless teraCall and its officers, directors, employees, agents, suppliers, and licensors from any claim, damage, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms or applicable law; (b) your use or misuse of the Service; (c) any content you submit through the Service; or (d) your violation of any third-party right, including any intellectual-property or privacy right.

Termination

You may stop using the Service at any time. We may suspend or terminate your access, with or without notice, if we believe you have violated these Terms, if required by law, or if we discontinue the Service. Sections of these Terms that by their nature should survive termination — including Intellectual property, Disclaimers, Limitation of liability, Indemnification, Governing law and venue, and Dispute resolution — will survive.

Governing law and venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, except for any mandatory consumer-protection laws of your country of residence that apply notwithstanding this choice of law. Subject to the dispute-resolution section below, the state and federal courts located in New Castle County, Delaware will have exclusive jurisdiction, and you and we consent to personal jurisdiction there.

Dispute resolution

Before filing any claim, you agree to first contact us at legal@teracalls.com and to attempt in good faith to resolve the dispute informally for at least 30 days. If we cannot resolve it informally, any remaining dispute will be resolved by binding individual arbitration administered by a recognized arbitration provider under its consumer rules, in English, with venue in New Castle County, Delaware, or — at your election — by remote proceedings. You and teraCall each waive the right to a jury trial and the right to participate in any class or representative action. If the class-action waiver is held unenforceable as to a particular claim, that claim (and only that claim) will proceed in court rather than arbitration.

You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@teracalls.com with the subject line "Arbitration opt-out" and stating your full name and the email address you used. Notwithstanding the above, either party may bring an individual claim in small-claims court if it qualifies.

Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will give reasonable notice by updating the "Last updated" date above and, where appropriate, by posting a notice on the site or by emailing registered users. Your continued use of the Service after the changes take effect means you accept the updated Terms. If you do not agree, stop using the Service.

Contact

For questions about these Terms, write to legal@teracalls.com. For general support, write to info@teracalls.com.