TalkTalk: End User License Agreement for iOS and Android Smartphone clients

IMPORTANT: This is a softphone application for IOS or Android and not a VoIP service. It needs to be used in conjunction with a VoIP provider that supports use on a SIP Client to work.

IMPORTANT: VOIP OVER MOBILE/CELLULAR DATA NOTICE - Be aware that the use of VoIP may impose additional fees and/or charges when using VoIP over the cellular network whether you use a TalkTalk Swiss SIM card or a SIM Card from any other network. By using this TalkTalk software and the mobile data network, you agree to abide by any restrictions your cellular carrier imposes and agree that TalkTalk will not be held responsible for any charges, fees or liability imposed by for using TalkTalk Softphone over their mobile data network.

TalkTalk makes no representation, warranty or condition to you or any other person or entity, whether express, implied, or statutory, as to any the condition of the software as error free or capable of operating without packet loss or interruption; the reliability or quality of any connection to or any transmission over the internet or any other data communication path; The quality of the calls placed, carrier, received or supported by the software;

IMPORTANT. Emergency Calls. TalkTalk's mobile software solutions may provide call handling designed to redirect emergency calls to the native cellular dialler when possible on a reasonable commercial efforts base. However, this functionality is also depending on the OS of the mobile phone which is outside of our control and subject to change at any time. You expressly acknowledge and accept that the software, whether for mobile or fixed devices, is not intended, designed or fit for placing, carrying or supporting emergency calls. Without limiting the foregoing, you acknowledge that the software is not intended, designed or fit for placing, carrying or supporting any call to any emergency service or any call for the purpose of obtaining assistance, help or aid in the event of an emergency. Neither TalkTalk nor any of its affiliates, subsidiaries, parent companies, agents, partners or employees are or will be liable to you and or any third party in any respect for any costs or damages arising either directly or indirectly from the use of the software for emergency calls, including calls to emergency services and calls for the purpose of obtaining assistance, help or aid in the event of any emergency.

Recording of Calls. If your Software includes the capability to record telephone conversations, please ensure that you abide by the respective laws in your jurisdiction regarding the recording of calls, including notifying the counterparty of such recording where required. This is a legal agreement ("the Agreement") between you and TalkTalk. This Agreement pertains to your use of the TalkTalk software, technology, programs, documentation and updates which are provided to you by TalkTalk (collectively, "the Software"). Carefully read the terms and conditions below. If you do not agree to the terms of this Agreement, DO NOT accept the Agreement. By accepting the Agreement, you are consenting to, and agreeing to be bound by, the terms of this Agreement. TalkTalk reserves the right to modify the Software at its sole discretion, without notice. TalkTalk's right to modify the Software applies to all aspects of the Software.

Arbitration and governing law. Any dispute, controversy or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat of the arbitration shall be Zurich, Switzerland. The arbitral proceedings shall be conducted in English. The award shall be final and binding on the Parties and shall include the questions of legal fees, costs of arbitration and all matters related thereto.

Modifications of Agreement. Only TalkTalk may modify this Agreement. TalkTalk may modify this Agreement at any time without providing notice to you. Any such modification shall be deemed effective immediately upon posting of the modified Agreement anywhere on TalkTalk’s website. You agree to check the EULA periodically to review such modifications. Your continued access or use of the Software shall be deemed your acceptance of the modified Agreement. You may terminate this Agreement at any time by ceasing to use the Software. The provisions contained herein shall survive termination of this Agreement. By accepting this agreement you acknowledge that you have read this agreement and understand it and agree to be bound by its terms and conditions.