NO ACCESS TO EMERGENCY SERVICES: ComfortWay is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
1. Scope of License
This License is a limited, non-exclusive, non-transferable, non-sublicensable license to use the Licensed Application on any mobile device or personal computer that you own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Licensed Application, if any). In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Consent to Use of Data
By using the Licensed Application, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. We may use this information to improve our Service.
3. Changes to this License
ComfortWay may make changes to the terms of this License from time to time. ComfortWay will publish the changes at http://www.comfortway.com/agreement. The changes will be effective when published. Please review this License on a regular basis. You understand and agree that your acceptance of the terms of this License or your use of the Service after the date of publication of varied terms shall constitute your agreement to the updated terms. If you do not agree with the amended terms, you may terminate your relationship with ComfortWay in accordance with paragraph 4 below.
4.1 The License is effective until terminated by you or us. You may terminate your relationship with ComfortWay at any time. ComfortWay has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
4.2 In addition, ComfortWay has the right to terminate its relationship with you, or may terminate or suspend your use of the Service at any time:
4.2.1 if you are in breach of the terms of this License;
4.2.2 if ComfortWay reasonably suspects that you are using the Service to break the law or infringe third party rights;
4.2.3 if ComfortWay reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
4.2.4 immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of ComfortWay's partners;
4.3 ComfortWay shall effect such termination by preventing your access to the Service, where applicable. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
5. The Service
5.1 Once you have downloaded the Licensed Application and become a ComfortWay user, you can use the mobile Internet with use of the special CwSim SIM card at the rates set forth in paragraph 9 below.
5.2 We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
5.3 ComfortWay may automatically check your version of the Licensed Application. ComfortWay has no obligation to make available any updates. However, ComfortWay may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
5.4 ComfortWay does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to ComfortWay through the Site, social networks or otherwise, you acknowledge and agree that ComfortWay shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts ComfortWay's right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
5.5 You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by ComfortWay where none exists. You may not frame the Site on any other website. ComfortWay may revoke the permission to link to the Site at any time at its sole discretion.
6. Your Obligations
6.1 You may not:
6.1.1 use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service;
6.1.2 send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
6.1.3 use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
6.1.4 collect or harvest any personally identifiable information, including account names, from the Service; or
6.1.5 impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
7. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE SITE AND LICENSED APPLICATION ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Charges for ComfortWay Services
9.1 Tariffs for the services ComfortWay, are specified on the website: www.comfortway.com.
9.1.1 ComfortWay may change the rates for calling phones at any time without notice to you by posting such change at www.comfortway.com. The new rate will apply to you after the new rates have been published. Before use of services it is recommended to check the current tariffs. If you do not accept new tariffs, do not use services
9.2 ComfortWay may collect VAT or other indirect taxes at the appropriate rate for the particular territory (as per applicable tax rules) at the time of purchase of ComfortWay Credit.
9.3 Using the Licensed Application on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
10. Payment - ComfortWay Credit.
11.1 If you believe that ComfortWay has charged you in error, you must contact ComfortWay within 90 days of such charge. No refunds will be given for any charges more than 90 days old.
11.2 ComfortWay reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature; (ii) if you are in breach of the terms of this License; (iii) if ComfortWay reasonably suspects that you are using any of our products fraudulently or that your User Account is being used by a third party fraudulently. This refund policy does not affect any of your statutory rights to pursue a claim; or (iv) that you purchased your credit through a third party service and the terms of such third party do not allow such refund.
12. ComfortWay's Ownership Rights. The Service, including the Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. ComfortWay or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Application and Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) ("ComfortWay Technology"), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the ComfortWay Technology.
13. Notice and Take Down Procedures. We respect the intellectual property rights of others, and require that the people who use the Site, Service and Licensed Application do the same. If you believe that any materials accessible on or from the Service infringes your copyrights, you may request the removal of those materials (or access thereto).
14. Jurisdiction. The laws of the Czeсh Republic excluding its conflicts of law rules, govern this License and your use of the Licensed Application. You expressly agree that the courts in Czeсh Republic have exclusive jurisdiction over any claim or dispute with ComfortWay or relating in any way to your use of the Licensed Application or Service. Your use of the Licensed Application and Service may also be subject to other local, national, or international laws.
15. Indemnity. You will indemnify, defend and hold harmless ComfortWay from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.
16. Links to Third Party Websites. The Site may contain links to other third party websites ("Third Party Sites"). These Third Party Sites are provided solely as a convenience to you. Such Third Party Sites are not under ComfortWay’s control, and ComfortWay is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with these Third Party Sites.
17. Acceptance of License. You affirm that you have the ability to enter into this License. If you are under the age of consent in your jurisdiction to form a binding agreement, you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License, and to abide by and comply with this License.
18. General. This License is the entire agreement between you and ComfortWay relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by ComfortWay or otherwise with the written agreement of ComfortWay.