BY DOWNLOADING THE HOTELMYPHONE APPLICATION (THE “APP“) AND/OR USING THE FEATURES OF THE HOTELMYPHONE SERVICES
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD OR USE THE HOTELMYPHONE APP OR THE HOTELMYPHONE SERVICE.
PPLCONNECT Inc. (“PPLCONNECT“/”we“/”us“) has created the HotelMyPhone App which is currently available for early stage, Beta testing on Android and iOS devices and enables users to “check-in” and access data from and send messages via their own phone when logged into the HotelMyPhone App from another user’s phone. Available functionality includes the ability to make calls, send and receive SMS messages for Android users, send and receive messages for iOS users, receive notifications, and access their contact list (“the HotelMyPhone Service“). The HotelMyPhone Service is available on any web-enabled device on which the HotelMyPhone App is installed. These Terms apply to anyone downloading the HotelMyPhone App and anyone who uses the HotelMyPhone Service.
To use and/or register for the HotelMyPhone Service you must be: a) of legal age to form a binding contract with PPLCONNECT and b) cannot be a person barred from receiving the HotelMyPhone Service under the laws of the country in which you reside or from where you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing.
BETA-TESTING SERVICE TERMS.
About the HotelMyPhone Service. The HotelMyPhone Service will enable users to (i) allow friends or relatives to log-in to that person’s own phone remotely from the user’s phone; and (ii) allows users to log into their phone remotely from their friend or relative’s phone. Each ‘check in’ will last for 4-hours unless the user log’s out sooner. If a user remains logged in and does not log out, the App will automatically shut down after 4 hours and will require the user to log-in again after that point. The HotelMyPhone Service facilities cloud-based access to data from users’ phones and enables IP-based messaging.
Phone Owners: You should exercise good judgment when agreeing to let anyone use your phone and you may wish to ensure that such use is supervised at all times. PPLCONNECT has no control over users of the HotelMyPhone Service or the HotelMyPhone App and therefore accepts no liability for any theft, destruction or abusive use of your phone by anyone to whom you provide access, including but not limited to any phone charges incurred or data misused or captured from your device by anyone to whom you provide access for that person’s use. You acknowledge and agree that use of the HotelMyPhone Service may incur data charges for the web browser access from your mobile phone provider.
Users of Others Phones: You should exercise good judgment when checking in to your phone from a third party device. PPLCONNECT has no control over users of the HotelMyPhone App or the HotelMyPhone Service and therefore accepts no responsibility or liability for your failure to log-out of the HotelMyPhone App and anyone’s access to your data or device information through your use of the HotelMyPhone Service, including but not limited to any phone charges incurred or data misused or captured from your device by anyone who has access to the device on which you logged into the HotelMyPhone Service. You acknowledge and agree that use of the HotelMyPhone Service may incur data charges and SMS charges from your mobile phone provider. It is your responsibility to pay such fees and to ascertain the level of such fees with your mobile phone provider.
You understand that the HotelMyPhone App and the HotelMyPhone Service are being provided in ‘public beta’ so features of the HotelMyPhone Service may be limited or in development and do not reflect the full capabilities that the HotelMyPhone App and HotelMyPhone Service will have on launch. The HotelMyPhone App and HotelMyPhone is made available to you on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing PPLCONNECT with feedback on the quality and usability of the HotelMyPhone App and the HotelMyPhone Service. Accordingly, the HotelMyPhone App and HotelMyPhone may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto.
YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE HOTELMYPHONE APP AND HOTELMYPHONE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, THIRD PARTY DATA CHARGES, BACK-UP EXPENSES, COSTS INCURRED FOR SERVICES PROVIDED BY YOUR WIRELESS SERVICE PROVIDER, INCLUDING VOICE CALLS, SMS MESSAGING AND VOICEMAIL, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. IN ADDITION, PPLCONNECT IS NOT OBLIGATED TO PROVIDE ANY MAINTENANCE, TECHNICAL OR OTHER SUPPORT FOR THE HOTELMYPHONE SERVICE.
Registering to use the HotelMyPhone Service. To sign-up and activate the HotelMyPhone Service, you must first register to create an account and a password. You are responsible for all activity that takes place on your account. Please choose a strong password for your account and do not reveal your password to others. When on another person’s app, you must log-out of the HotelMyPhone App and your account otherwise the owner or possessor of the phone which you logged in on may have access to all of the content on your phone before the four hour auto-logout. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.
Important Terms for Users. Those users who join the public beta trial of the HotelMyPhone Service and App (the “Trial“) by (i) registering to participate; (ii) downloading the HotelMyPhone App; (iii) agreeing to these Terms (together “you“) will have advance access to the HotelMyPhone Service on the following terms:
- License to App and HotelMyPhone Service. We grant to you a limited, personal, non-exclusive, non-transferable license to download and use the HotelMyPhone App and the HotelMyPhone Service for testing only and not for resale or further distribution. Your right to use the HotelMyPhone App and the HotelMyPhone Service is limited by all terms and conditions set forth in these Terms.
- Service Charges and HotelCredits. The HotelMyPhone Service and HotelMYPhone App are provided on an ‘as is’ basis without any warranties or guarantees of any kind. You may purchase credits to make calls or send messages via the HotelMyPhone Service (“HotelCredits’) as further described with the HotelMyPhone App). You will also have the option to purchase further credit to pay for usage-based service charges which may be used during the Trial but can also be used if you opt to subscribe to the HotelMyPhone Service after the Trial ends. If you do not purchase further credit and if the free credit provided to you is exceeded, we will notify you when the credit has been used up and your ability to incur further charges using the HotelMyPhone Service will be limited unless you opt to purchase further credit.
- Third Party Charges. You acknowledge and agree that use of the HotelMyPhone Service may incur data charges and SMS charges from your mobile phone provider. It is your responsibility to pay such fees and to ascertain the level of such fees with your mobile phone provider.
- Caller ID through the HotelMyPhone Service. If you make a call or SMS using the HotelMyPhone, you grant PPLCONNECT permission to ensure your number will appear to your contacts as your standard registered phone number that you have with your cellphone provider.
Restrictions on Use of the HotelMyPhone Service. PPLCONNECT may impose certain limitations on the use of the HotelMyPhone Service, including, but not limited to restricting the number of accounts you may register, imposing charges for certain features of the HotelMyPhone Service. You agree to use the HotelMyPhone App and the HotelMyPhone Service only for purposes as permitted by these Terms and not to use the HotelMyPhone Service for any purpose prohibited by applicable law or regulation. PPLCONNECT reserves the right to modify or impose any limitations on the use of the HotelMyPhone App and the HotelMyPhone Service at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate users and/or terminate the Trial at any time without any liability whatsoever to you. In using the HotelMyPhone App and/or HotelMyPhone you shall not:
- intentionally or unintentionally violate any applicable local, state, provincial national or international law or regulation, including without limitation using the capabilities of the HotelMyPhone Service to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone else;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the HotelMyPhone App or the HotelMyPhone Service; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the HotelMyPhone App or any software provided by us.
Indemnification. You agree to defend, indemnify and hold PPLCONNECT, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through the HotelMyPhone Service; (b) your use of the HotelMyPhone Service; (c) any violation by you of these Terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the HotelMyPhone Service.
License to PPLCONNECT. Except for material we may license to you, PPLCONNECT does not claim ownership of the materials and/or content on your device (for example, your call logs or SMS messages) (“Content“). However, by using the HotelMyPhone Service you grant PPLCONNECT a worldwide, royalty-free, non-exclusive license to collect, use and store such Content solely for the purpose of providing the HotelMyPhone Service. Said license will terminate within a commercially reasonable time after you or PPLCONNECT terminate your account.
Changes to Content. You understand that in order to provide HotelMyPhone Service, PPLCONNECT syncs with your device and may transmit your Content across various networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits PPLCONNECT to take any such actions.
TERM AND TERMINATION
Termination by You. You may terminate your account and/or stop using the HotelMyPhone Service or HotelMyPhone App at any time.
Termination by PPLCONNECT. PPLCONNECT may at any time, under certain circumstances and without prior notice, immediately terminate the Trial or suspend all or a portion of your account and/or access to the HotelMyPhone Service. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the HotelMyPhone Service or Website; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the HotelMyPhone Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the HotelMyPhone App or the HotelMyPhone Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by PPLCONNECT in its sole discretion, and PPLCONNECT will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the HotelMyPhone Service.
Effect of Termination. On termination, you will lose all access to the HotelMyPhone Service and any portions thereof, including, but not limited to, your account.
IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
THE HOTELMYPHONE SERVICE AND THE HOTELMYPHONE APP ARE PROVIDED “AS IS.” PPLCONNECT SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RLATING TO THE HOTELMYPHONE APP AND HOTELMYPHONE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOTELMYPHONE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE HOTELMYPHONE SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE HOTELMYPHONE SERVICE. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PPLCONNECT OR THROUGH OR FROM THE HOTELMYPHONE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING THE HOTELMYPHONE APP AND HOTELMYPHONE. PPLCONNECT WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE HOTELMYPHONE SERVICE AND WILL NOT BE RESPONSIBLE FOR ANY DATA CHARGES YOU INCUR IN YOUR USE OF THE HOTELMYPHONE SERVICE.
UNDER NO CIRCUMSTANCES SHALL PPLCONNECT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE HOTELMYPHONE APP OR THE HOTELMYPHONE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE HOTELMYPHONE SERVICE, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE HOTELMYPHONE APP.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PPLCONNECT’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID PPLCONNECT IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY THE APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
AppStore Additional Terms and Conditions The following additional terms and conditions apply to you if you are using the App from a third party site such as Apple’s App Store or Google’s GooglePlay Store (each an “AppStore“). To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the App from the AppStore.
You acknowledge and agree that:
- this Agreement is concluded solely between PPLCONNECT and You and not with the AppStore provider, and PPLCONNECT not the AppStore provider, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the HotelMyPhone App which are less restrictive or in conflict with the AppStore termse, the more restrictive or conflicting AppStore provider term will take precedence and will apply;
- The AppStore provider has no obligation whatsoever to provide any maintenance and support services with respect to the HotelMyPhone App. PPLCONNECT is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the AppStore provider, and the AppStore provider will have no warranty obligation whatsoever with respect to the HotelMyPhone App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PPLCONNECT’s sole responsibility;
- PPLCONNECT not the AppStore provider, is responsible for addressing any claims of you or any third party relating to the HotelMyPhone App or your possession and/or use of the HotelMyPhone App, including, but not limited to: (i) product liability claims; (ii) any claim that the HotelMyPhone App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
- the AppStore provider and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, the AppStore provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Access to Your Account and Content. You acknowledge and agree that PPLCONNECT may access, use, preserve and/or disclose your account information and content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of PPLCONNECT, its users or the public as required or permitted by law.
Feedback. We welcome your suggestions, comments and feedback on the HotelMyPhone App and the HotelMyPhone Service (“Feedback“) especially during this Beta-Testing phase as it helps us to improve the product and our services. If you provide us with Feedback you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) PPLCONNECT (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or re-imbursement of any kind.
Export Control. Use of the HotelMyPhone Service and HotelMyPhone App may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the HotelMyPhone App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the HotelMyPhone App or the HotelMyPhone Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the HotelMyPhone App or the HotelMyPhone Service for any purposes prohibited by laws of the applicable jurisdiction(s) including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Notices. PPLCONNECT may provide you with notices regarding the HotelMyPhone Service, including changes to these Terms, by email or by postings on the Website and/or the HotelMyPhone Service.
Governing Law & Disputes. This Agreement shall be governed by the laws of the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of Ontario shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the HotelMyPhone App or the HotelMyPhone Service and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the HotelMyPhone Service must be filed within one (1) year after the cause of action arose or be forever barred.
Questions/Contact. If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the HotelMyPhone App or the HotelMyPhone Service, please contact us at: firstname.lastname@example.org
Last Updated: December 8, 2014