Terms and Conditions

Read carefully and contact us if you are in need of clarification.

 

READ CAREFULLY BEFORE DOWNLOADING THE SERVICE OR BEFORE USING ALO

 

Main points

 

IT IS NOT POSSIBLE TO MAKE EMERGENCY CALLS.

The Service does not replace the traditional landline or mobile phone. The Service currently does not allow calls to be made to emergency Services. If it is necessary to make emergency calls, other means of communication must be used. We will make this option available soon.

 

CHECK THE USE LIMITATIONS.

Some countries have restrictions on the use of the Service. It is the user's responsibility to ensure that the Service can be legally used in the country in which it is located.

 

NO PROPERTY OF THE NUMBERS.

The number assigned does not become the property of the user and he does not acquire the right to keep it forever. The number may occasionally be changed or withdrawn. You may not transfer, or attempt to transfer, the number assigned to other people. When you purchase a package that includes the assignment of a number, you must ensure that you comply with all the allocation requirements indicated, as failure to meet these requirements could result in the withdrawal of the number. See paragraph 15.1

 

CREDIT.

The ALO Credit has a regulated deadline based on the duration of the credit package purchased.

 

  1. THE PEDIUS CONTRACT

ALO is a product owned by Pedius Srl.

 

1.1 Pedius Service applications for internet communications ("Internet communications Service"), other Service applications with the "Pedius" brand (collectively "Pedius Services"), including any improvement, modification, integration, correction, update and later version (Updates ") made available free of charge or for payment, (collectively Service) are granted under license (not for sale) by Pedius Srl. These Conditions remain valid for the use of the Service and the Product.

1.2 The functions and products available free of charge through the Service, with the exception of the products and functionalities available free of charge, (collectively Free Products) are supplied by Pedius Srl

1.3 Any additional product or functionality of the Pedius Services or any other product with the "Pedius" brand, for a fee, including products or features available free of charge only on trial, "Paid Products" is provided by Pedius Srl

1.4 The term "Pedius Websites" means www.alocall.org, www.pedius.org, and other websites authorized by Pedius that refer to these Conditions.

1.5 "Pedius" means Pedius Srl, Via Costanza Baudana Vaccolini 14, 00153 Rome. "Products" means collectively the Free Products and Paid Products; "user" means the person, the registered user of the User Account (as described in paragraph 6.1) and the licensee, in accordance with the provisions of these Terms of Use.

1.6 The contract with Pedius consists of the terms and conditions set forth in this document, together with any additional Conditions referred to in paragraph 14 (collectively "Conditions"). To the extent that there is any inconsistency between the conditions of use or any additional Conditions and this document, the latter will prevail.

  1. ACCEPTANCE OF THE TERMS OF USE

2.1 In order to download and/or use the Service, you must first accept these Terms of Use. These Terms of Use are deemed to be accepted when (a) you agree to accept these Terms or (b) when you download and/or use the Service. We recommend that you print a copy of these Terms of Use as a reference. These Terms of Use will remain in effect from the date of acceptance until their termination, on the initiative of the user or Pedius, in accordance with paragraph 11.

2.2 You may not accept these Terms of Use if: (a) you are not legally authorized to use the Service in the country where you are located or reside or (b) if you have not reached the legal age to enter into a binding contract with Pedius.

 

  1. MODIFICATIONS TO THE TERMS OF USE

3.1 Pedius may occasionally change these Terms of Use. Pedius will publish these changes at www.alocall.org. Changes to the Terms of Use and/or Additional Terms will be posted on the appropriate Pedius Website. The changes will be effective as of their publication. Please review the Terms of Use periodically. The user understands and agrees that the explicit acceptance of the Conditions or the use of the Service, after the publication date will constitute the consent to the updated Terms of Use. If the user does not accept the modified Terms, the relationship with Pedius can be resolved in accordance with paragraph 11 below.

 

  1. LICENSE

4.1 License. Provided that the user complies with these Terms of Use, he is granted a limited, non-exclusive, non-transferable, non-transferable, free license to download and install the Service on a personal computer, a mobile phone or on another device. as well as for the personal use of the Service through the personal user account ALO (“User Account”) To avoid the onset of any doubt, (a) IT administrators working on behalf of a company will be able to download and install the Service Pedius on personal computers or other devices used by the personnel of such company, and (b) the use of the Service will be allowed at universities, other educational institutions or workplaces. Pedius reserves all rights not expressly granted to the user according to these Terms of Use.

4.2 Limitations. The user acknowledges that he is not allowed:

(a) sublicense, sell, assign, rent, rent, export, import, distribute or transfer or otherwise grant rights to the Service to third parties;

(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompilation, disassembly, decoding, emulation, hacking, research or attempt to search for the source code or protocols of the Service or any part or functionality (except as permitted by law)

(c) remove, obscure or alter any copyright notice or other proprietary notices included in the Service;

(d) Use the Service or cause the same (or a part of it) to be used in commercial products or services to third parties or to provide the same products or services. The aforementioned will not preclude the use of the Service for commercial communications, except as expressed in paragraph 4.1 above;

(e) use the Service except through your user account, subject to the purposes of download and installation. Pedius reserves the right to limit accounts if fraudulent use occurs.

4.3 Third-party technology. If you use a preloaded, integrated, combined, distributed or used Service with, or downloaded to, products, hardware, Service applications, programs or third-party devices ("Third-Party Technology"), you acknowledge and agree that: (a) may have to enter into a separate license agreement with the third party or the relevant licensor for the use of such Third Party Technology, (b) some Products and / or features may not be accessible through the Third Party Technology and (c) Pedius cannot guarantee that the Service will always be available on, or in connection with, such 4.4 Notices relating to third parties. The Pedius Service includes third-party code that Pedius, and not third parties, grants to the user pursuant to this contract. Any notices for the third-party code are included for informational purposes only. The related third party scripts referred to or referred to in the Service are licensed to the user by third parties owning that code and not by Pedius.

  1. USE OF THE Service, PRODUCTS AND PEDIUS WEBSITES

5.1 Devices. In order to use the Service and Products, the user must have an internet connection. The user must have all the devices necessary to access the internet or to allow communications.

5.2 Use of devices. The Internet communication Service may use the processing resources, memory, and bandwidth of the computer (or any other applicable device) of the user, for the sole purpose of facilitating communications and establishing the connection between users of the Internet communications Service. If the user's use of the Service for internet communications depends on the use of a processor and proprietary bandwidth or under the control of third parties, the User acknowledges and accepts that the license of Use of the Service for Internet communications is subject to the consent of the relevant third party for such use. The user declares and agrees that with the acceptance of these Conditions of Use he has obtained such consent.

5.3 Service Updates. Pedius can automatically check the user's Pedius version. Furthermore, Pedius may occasionally automatically download updates or modifications to the Service. The user may be required to update the Service in order to continue using Pedius. You agree to receive such updates pursuant to these Terms unless the updates are accompanied by other conditions. Pedius is not required to make updates available and does not guarantee that it will continue to support the version of the operating system or device for which the user has acquired the license of the Service or that the updated Service will be compatible with the older versions of the Service used by end-users.

5.4 Suspension, maintenance, and technical improvements. Occasionally, Pedius may perform maintenance or updates on the Service, Products, Pedius Websites or infrastructures that allow the use of the Service, Products or Pedius Websites by the user. This may result in Pedius temporarily suspending or limiting the use of all or part of the Pedius Service, Products or Websites until such maintenance and/or updating is completed. To the maximum extent possible, and unless urgent intervention is required, Pedius will publish the time and date of such suspension or limitation in advance on the Pedius website. You will not have the right to request compensation for such suspension or limitation of the use of the Pedius Service, Products or Website.

5.5 Inability to make emergency calls. Neither the Products nor the Service provides emergency calls to hospitals, law enforcement agencies, health units or any other type of service that connects the user to emergency services or public safety personnel ("Emergency Services "). There are important differences between traditional telephone services and Products. The user acknowledges and agrees that: (i) Pedius is not obliged to provide access to emergency services, as established by law and/or local or national legislation in force; (ii) the Service and Products do not replace the primary telephone service. Content of communications ALO does not represent the source, nor does it endorse or assume any responsibility for the content of communications made through the use of the Service. By using the Service, the user accepts that any expressed content can be transmitted to the recipient of the communication. The content of the communications is entirely the responsibility of the person from whom it comes. The user could, therefore, be exposed to content that is offensive, illegal, harmful to minors, obscene, indecent or otherwise questionable. The content of the communications may be protected by intellectual property rights owned by third parties. The user is responsible for the content he chooses to communicate to and accesses through the use of the Service. In particular, the user assumes the responsibility of not sending (i) copyrighted material, protected by trade secrets or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless he is the owner of these rights or have the consent of the legitimate owner; (ii) false or damaging information; (iii) offensive, illegal, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, denigrating, racially motivated or favoring conduct considered a criminal offense, which may involve civil liability, which violates any law or that is inappropriate anyway; (iv) advertising or commercial invitations; (v) guarantees in addition to not appearing under a false identity. Pedius reserves the right (without any obligation) to examine the contents for the purpose of enforcing these Terms. Pedius may, in its sole discretion, block, prevent or remove the contents of the communications as part of its efforts to protect the Service, Products, or customers, as well as to comply with these Conditions. Quality. Pedius cannot guarantee that the Service, Products or Pedius Websites will always work without interruptions, delays or errors. An unknown number of factors could affect the quality of the communication and use of the Service, Products (based on the products used) or Pedius websites, and could involve communication problems including, without limitation to them: the user's local network, firewall, internet service provider, public internet, public telephone network and power supply network. Pedius does not assume responsibility for errors in voice recognition. Pedius does not assume responsibility for any malfunction, interruption or delay caused by malfunctioning or inadequacy of any of these factors, or for other factors over which Pedius has no control.

5.8 Changes to products. Pedius constantly improves the Service and Products and can modify them at any time. Furthermore, Pedius can interrupt the supply of the Service and the Products (or parts of them) for the following reasons (without limitation to them): it is no longer possible for Pedius to supply them, technological advances, customer feedback indicates the need for a change, occurrence of external problems that make it imprudent or impractical to continue or any other reason indicated in paragraph 11.2. As a result of these changes, it may be necessary for you to use an updated version of the Service. The user acknowledges and accepts that some Products may be subject to limits of use or geographical restrictions, which may vary from time to time. Visit the Pedius Website for details on the most up-to-date usage restrictions concerning the Products used by the user.

5.9 Unsolicited proposals. Pedius does not take into consideration or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product comments and product updates (Unsolicited comments). If through the Pedius Website or otherwise the user sends Pedius unsolicited comments, he accepts and acknowledges that Pedius will have no obligation of confidentiality on such unsolicited comments.

5.10 Reports. Some parts of the Pedius Websites or the Service may require written suggestions or problem reports through the use of contact or problem report forms ("Reports"). Read carefully any specific conditions governing such Reports. The reports sent are to be considered the property of Pedius. Pedius will hold the exclusive perpetual ownership of all existing and future rights relating to the Submissions sent and will have the right to use the Submissions, for any purpose, commercial or otherwise, without having to pay any compensation to the author of the Submissions sent. Any Report sent to Pedius will not be treated as confidential and Pedius will not be responsible for any disclosure of the content.

5.11 Connections. The user may connect to the Pedius Website from another site owned by him, provided that this is done correctly and legally and does not damage the reputation of Pedius or exploit its name. The user must not establish any link that could suggest any form of association, approval or authorization by Pedius, where there are none. You may not create any frames of the Site, nor any other site.

 

  1. OBLIGATIONS OF THE USER

6.1 User accounts. Before using the Pedius "ALO" Service, the user must enter their phone number and verify it by entering the verification code sent to him via SMS in the App. The user may use the Service exclusively through the personal user account generated upon verification of the telephone number. The user will be solely responsible for all activities conducted through the User Account. You will be responsible for not responding to requests regarding credit card, password or other data. Pedius assumes no responsibility for the user's failure to comply with the obligations described in paragraph 6.1.

6.2 Legal use. You must use the Pedius Service, Products and Websites in accordance with the laws of the country in which you are located. In some countries, there are restrictions on downloading and using the Pedius Service, Products and/or Websites. It is the responsibility of the user to make sure that the Pedius Service, Products and Pedius Websites can be legally used in the country in which it is located. Pedius will not be liable for any technical/economic damages deriving from hacking by third parties or by improper use by the user. Only and exclusively responsible for any unlawful and illegitimate use of the telephone user remains the user, who with the signing of this act frees the company Pedius from any responsibility deriving from an incorrect, illegitimate and illicit use of the number assigned to it.

6.3 Prohibited use. You may not:

(a) intercept or monitor, damage or modify any communication intended for others;

(b) use any type of spider, virus, worm, Trojan horse, time bomb or other codes or instructions aimed at distorting, erasing, damaging, emulating or disassembling the Service, Products, Pedius Websites, communications or protocols ;

(c) send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any other communication not permitted by applicable law, use the Pedius Service, Products or Websites for phishing or pharming or to impersonate or claiming affiliation with another natural or legal person;

(d) expose any third party to offensive material, harmful to minors, indecent or otherwise questionable;

(e) use the Pedius Service, Products or Websites to cause or attempt to cause embarrassment or annoyance, threaten, harass or violate the privacy of third parties; or

(f) use (as part of your user ID and / or profile picture) any material or content subject to third party proprietary rights, unless you hold the license or authorization from the rights holder; or

(g) collect identifiable personal data, including account names, from the Service, Products or Pedius Websites;

(h) influence, or attempt to influence, the availability of the Pedius Service, Products or Websites, for example, with DoS (Denial of Service) or DDoS (Distributed Denial of Service) network attacks;

(i) use or start-up automatic systems including, by way of example, "robots", "spiders", "offline readers" accessing the Service, Products or Pedius Websites. Except as previously stated, you agree that Pedius grants the operators of public search engines permission to use spiders to copy material from the Pedius Website for the sole purpose of creating indexes of searchable public materials, but not cache or archives of said material. Pedius reserves the right to revoke these exceptions at any time.

6.4 User contributions. The user is invited to participate correctly in the initiatives of the Pedius Websites or the Service such as forums, blogs, exchange of e-mail messages, video hosting, sharing and / or publication or any other function on the Pedius Websites or Pedius Service that allows you to upload, modify, host, share and/or publish content. The user acknowledges and agrees that: (i) with the use of the Pedius Websites and / or the Service the user can expose himself to content that may be offensive or indecent and does so at their own risk; (ii) the user is the only responsible and Pedius does not assume any responsibility towards the user or third parties for the User Contributions that he creates, sends, exposes or publishes on the Pedius Websites or through the Service; (iii) Pedius does not guarantee any confidentiality, with respect to the User Contributions, whether published or not, (iv) Pedius will not be responsible for any Contributions to which the user will have access from the Pedius Websites or the Service and all Contributions user will be under the responsibility of the person who supplied them. Pedius does not subscribe to any Contribution or opinion, suggestion or advice from the users expressed therein and does not explicitly accept any responsibility for User Contributions. With respect to user contributions, the user declares and signs that:

(i) is the owner or possesses the necessary licenses, rights, authorizations and permits to use and authorizes Pedius to use all copyrights, trademarks, trade secrets, patents, and other intellectual property rights or proprietary rights relating to User Submissions, in accordance with these Terms of Use;

(ii) is in possession of the written consent and/or authorization of each individual person identifiable in the User Contribution for the use of the name and/or image of each individual indicated in the User Contributions, in order to allow the inclusion and use of the same in accordance with these Terms of Use. You must not copy, publish or use text, photos, music, sounds, images or any other content of any third party or source "(Third Party Content ") without the specific permission of the owner. Such third-party content may be protected by intellectual property laws and the holders of intellectual property rights to such content may object to their use. You may not use third-party content without first obtaining the consent of the owner of the intellectual property rights on such content. Regardless of any right or obligation governed by the Additional Terms (as defined below) if, at any time, the user chooses to upload or post User Contributions on the Pedius Websites or through the Service (with the exception of Reports and Content of their communications), the user automatically grants Pedius a non-exclusive, worldwide, irrevocable, royalty-free, perpetual license, transferable to third parties and transferable to all rights for use, modification, inclusion, integration, adaptation , registration, public presentation, visualization, transmission and reproduction of User Contributions including, without limitation to them, all associated trademarks, relating to the Pedius Websites and the Service and Pedius Products, included for promotional purposes or part redistribution or all of the Pedius Websites and/or the Service or Products, on any existing or future support. The user also grants each user of the Pedius Website and / or the Service or Pedius Products a non-exclusive license to access User Submissions through the Pedius Website and / or the Service or Products to use, copy , distribute, create derivative works, display, perform and transmit such User Contributions solely as granted by the functionality of the Pedius Website and / or the Service or the Products and in accordance with these Terms of Use. Furthermore, the user renounces any so-called "moral right" in relation to user contributions, to the extent permitted by applicable laws. You may not post or publish through the Website or the Pedius Service. User-slanderous, defamatory, pornographic, harassing, disparaging, violating privacy, obscene, injurious, illegal, racist, offensive, harmful or minor User contributions that represent a violation of any intellectual property right or trade secret of a third party or that otherwise violates the rights of third parties or involves a civil or criminal liability. Furthermore, the user will not be able to send or publish User contributions that contain false or distorted information, request funds or services containing advertising messages, promotional material, junk mail, spam, chain letters or any type of invitation, impersonate others users or include programs that contain viruses or other programs designed to compromise the functionality of computers. The user agrees not to solicit, for commercial purposes, other users of the Website or of the Pedius Service, in relation to their Contributions. The user also agrees not to deceive, disable or otherwise interfere with the security features of the Website or Pedius Service or with features that prevent or limit the use of any content.

6.5 User information. Pedius may request information from the user, such as the e-mail address, for the purpose of providing the Service or Products, to ensure the correct functioning of the service and to pursue the legitimate interests of the data controller. The user must ensure that this information is complete, current and accurate.

6.6 User Personal Data Management: The user can request revocation of the use of their personal data by sending an email to info@pedius.org using the following form, completing it with their personal information. object: revocation of personal data for the attention of Pedius s.r.l., the undersigned - Name and Surname - hereby request the deletion of all personal data relating to users’ account - email - pursuant to art. 17 of the new European Regulation on privacy. With this request, the user also declares to be aware that this will lead to the cancellation of their Pedius account. In faith, Name, and Surname

6.7 Prohibition of resale. The Service and Products are intended for the personal use of the user. They must not be resold or marketed to third parties.

 

  1. OWNERSHIP RIGHTS

7.1 The Service, Products and Pedius Websites contain proprietary and confidential information that is protected by laws and intellectual property treaties.

7.2 Pedius and/or its licensors hold exclusive ownership of the Service, Products, Pedius Websites and all intellectual property (registered or otherwise, worldwide). You may not put in place to compromise, limit or interfere with Pedius's intellectual property rights regarding the Service, Products and/or Pedius Websites.

7.3 "ALO", the associated trademarks, logos are trademarks of Pedius. Pedius has registered and requested the registration of its commercial brands in many countries of the world. The distinctive brands and symbols of Pedius cannot be used in connection with other non-Pedius products or services in such a way as to cause confusion among users or to denigrate or discredit Pedius. All other trademarks that do not belong to Pedius or other related companies on this site belong to their respective owners. You may not and must not register or use any trade name, trademark, logo, domain name or any other name or symbol that includes any Pedius intellectual property (in whole or in part) or that is similar to the aforementioned

 

  1. RATES

8.1 Calls to phones and premium-rate numbers with ALO Credit.

(i) Calls to landlines and mobile phones. The rates for calling the phones do not include (excluding subscriptions) the connection fee (a single charge, for each call)

(ii) Tariff is per minute. Fractions of minutes are rounded up to the next whole. The rates are indicated on the page www.alocall.org.

8.2 Taxes. Pedius can collect VAT or other indirect taxes according to the VAT rate for the Italian State of 22% (in compliance with the applicable tax laws) when the ALO Package is purchased.

8.3 Third-party fees. The use of the Service on other mobile applications is subject to the tariff plan available in the data package signed by the user with the mobile network operator.

 

  1. PAYMENT METHODS

9.1 ALO Packages. ALO Packages can be purchased with any payment method made available to the user from time to time by Pedius. The ALO credit package purchased by the user will be credited to the Account within 24 hours from the time of purchase (or, in case of use of an ALO Package voucher, when the voucher is redeemed).

9.2 Credit expiry. The credit packages purchased expire after a period of 365 days of non-use. In the event that the user decides to purchase Products with a fixed term (weekly, monthly, quarterly or yearly, as applicable) the user acknowledges and accepts that the credit available to him has a duration corresponding to the interval chosen. It is not allowed to use the Credit after the expiration date

9.4 Recurring payments. In the event that the user decides to purchase the Products with a subscription (weekly, monthly, quarterly or yearly, as applicable), the User acknowledges and accepts that this is a recurring payment and that payments must be made in favor of Pedius through the chosen method and in the recurring intervals chosen by the user, up to the cancellation of the subscription for that Product by the user or Pedius

 

  1. TERMINATION OF RELATIONSHIP WITH PEDIUS

10.1 The user can terminate their relationship with Pedius at any time, without resorting to legal proceedings, requesting the closure of a User Account, interrupting the use of the Service, Products and/or Pedius Websites and canceling recurring payments.

10.2 Pedius may terminate the relationship with the user, or may terminate or suspend the use of the Service, User Accounts, Products or Pedius Websites at any time and without resorting to legal proceedings:

(a) if you violate these Terms of Use;

(b) if Pedius reasonably suspects that you use the Service, Products and/or Pedius Websites and to violate the law or the rights of third parties;

(c) if Pedius reasonably suspects that the user unfairly uses or improperly uses the reimbursement criteria or any of the Pedius provisions;

(d) if Pedius reasonably suspects that you use the Products, the Service and/or the Pedius Websites in a fraudulent manner or that your User account is used fraudulently by third parties;

(e) if the user has purchased ALO Package from an unauthorized dealer;

(f) immediately, if requested due to changes in the law/regulations of the legislator or by an authority with a mandate or by one of Pedius's partners;

(g) with thirty (30) days notice if Pedius decides to terminate the offer of the Service to users.

10.3 Pedius will make this resolution valid by preventing access to the user's Account, the Service, the Products and/or the Pedius Websites (where applicable). Pedius reserves the right to disable User Accounts that have been unused for over a year.

10.4 Consequences of termination. Following the termination of the user relationship with Pedius:(a) all licenses and rights to use the Service, Products and/or Pedius Websites will cease immediately; (b) you will cease all use of the Service, Products and / or Pedius Websites; and (c) you will remove the Service from all hard drives, networks and other electronic media and will destroy all copies of the Service in your possession or under your control.

 

  1. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND COMPENSATION

11.1 According to paragraph 11, "Pedius" includes its subsidiaries and affiliated legal entities and the related directors, officers, agents, licensors and employees.

11.2 Exclusion of guarantees: To the maximum extent permitted by law: the pedius Service, products and websites are provided "without accessory guarantees" and are used at the user's risk without any guarantee; pedius does not provide any guarantee, claim or declaration and does not recognize any guarantee of any kind, whether express, implicit or legal, with regard to the Service, products and / or pedius websites including, without limitation to them, the guarantees or quality, performance, non-infringement, marketability or suitability for use for a particular purpose. Pedius also does not represent or warrant that the pedius Service, products and/or websites will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or that will work without packet loss; furthermore, pedius does not guarantee any connection to or transmission from the internet, or the quality of calls made through the Service.

11.3 Nothing provided for in these Terms of Use shall exclude or limit Pedius's liability for (a) death or personal injury, (b) loss by intent or gross negligence on the part of Pedius, (c) fraud or fraudulent misrepresentation, or (d) any liability that cannot be limited or excluded by applicable law.

11.4 Exclusion of liability. The user acknowledges and agrees that pedius will have no liability, whether arising from the contract, from offenses (including negligence) or from any other hypothesis of liability, even if pedius was or was not informed of the possibility of such damages or losses, in connection with or deriving from the use by the user of the pedius websites, of the internet communication Service or of any other type of Service granted free of charge. The sole right or remedy of the user with respect to any problems or dissatisfaction with the Service and/or the pedius websites is to immediately uninstall the Service and stop the use of such Service and/or pedius websites.

11.5 Limitation of Liability. Except as specified in paragraphs 11.3 and 11.4 above, Pedius will have no liability with regard to the user, whether arising from the contract, offenses (including negligence) or any other liability, even if Pedius has been informed or not of the possibility of such damages or losses, in relation to:

(a) any indirect, peculiar, occasional or consequential damages; or

(b) any loss of revenue, assets, profits (actual or potential), opportunities, advantages or reputation (direct or indirect); or

(c) any damage to data (direct or indirect);

(d) any request for compensation, damage or loss (direct or indirect) arising from or relating to:

(i) the impossibility for the user to use the Service, even the enabled Versions, to call Emergency Services;

(ii) the impossibility for the user to access Emergency Services, in accordance with paragraph 5.5 above.

(iii) limitations of the services defined in paragraph 5.6;

(iv) the inability to provide information on one's position to an Emergency Services operator; or

(v) the behavior of the third-party Emergency Services operator to which the user may be connected;

(e) any request for compensation, damage or loss (direct or indirect) arising from or relating to:

(i) any product or service provided by a third party under its own conditions of use including, without limitation, Pedius WiFi;

(ii) any Third Party Technology;

(iii) any third-party website.

11.6 Except as specified in the previous paragraphs 12.3 - 12.5, Pedius's overall responsibility towards the user in relation to these Terms of Use, (arising from the contract, offenses, including negligence, or any other liability hypothesis) must not exceed overall, the amount paid by the user for the products for the 12-month period immediately prior to the date of the event that gave rise to the related claim, which will in any case be subject to a maximum of one year of the paid service.

11.7 If a third party attends to Pedius the endorsements attributable or attributable to the user in relation to (i) violation of these Terms of Use; (ii) violation of laws or regulations in force; (iii) failure or violation of the rights of any third party (including intellectual property rights); (iv) User contributions or (v) claims by the user in relation to any User Contribution, the user will indemnify and hold Pedius harmless from any liability for any damage, liability, loss, costs, and expenses (including costs and expenses legal persons) in relation to these claims.

 

  1. CONFIDENTIAL INFORMATION AND PRIVACY

Pedius undertakes to respect the privacy and confidentiality of the user's personal information. Pedius will process the user's personal information, traffic data, and communications content, in compliance with the privacy protection legislation.

 

  1. HOW TO CONTACT PEDIUS

13.1 To contact Pedius via the web, write to info@alocall.org

13.2 To contact Pedius by mail write to Pedius Srl, Via Costanza Baudana Vaccolini 14, 00153, Rome.

 

  1. MISCELLANEOUS

14.1 The user accepts the use of electronic communications to enter into contracts, issue orders and create other records and for the electronic delivery of notices, regulations, changes, and recordings of transactions made with Pedius.

14.2 For convenience, Pedius may provide a translation of the English version of these Terms of Use. In case of discrepancy between the translated version of the Conditions and the English version, it will be the latter to govern the relationship with Pedius.

14.3 These Conditions constitute the entire contract between the user and Pedius with respect to the use of the Service, Products and/or Pedius Websites and replace any previous agreement between the user and Pedius regarding the use of the Service, of the Pedius Products and/or Websites.

14.4 In the event that one of the clauses of these Terms of Use (or part of them) is deemed illegal, invalid or unenforceable by any court or administrative body of the competent jurisdiction, this clause (or part of it) must be removed from the Conditions, without altering the legality, validity or applicability of the remaining Conditions. Paragraph 20.3 (i) clarifies what happens if what is expressed in paragraph 20.3 (arbitration clause and renunciation of collective legal action) is illegal, invalid or not applicable. If there are inconsistencies with what is specified in this paragraph, the provisions of paragraph 20.3 (i) will prevail

14.5 Failure to exercise Pedius, or delay in exercising a legal right or provision provided by the Conditions or by law, will not constitute a waiver of such right or provision by Pedius. In the event that Pedius agrees to an exception to these Conditions, this will not constitute an act of consent for future violations of the same Conditions.

14.6 You may not assign these Terms or any rights or obligations contained therein. Pedius may, without prior notice, assign these Terms, the rights and obligations contained therein to any third party.

14.7 This paragraph 18, together with paragraphs 4.2, 12, 20.3 and other provisions, clearly expressed or intended to be persistent or still valid in the event of termination, will continue to be valid even after the Conditions have expired.

14.8 The user acknowledges and agrees that in the event that Pedius cannot supply the Pedius Service, Products and/or Websites due to a force majeure event, Pedius will not violate any obligation towards the user, based on to these Terms of Use. A force majeure event means any event that is not under the control of Pedius.

 

  1. SPECIFIC PRODUCT CONDITIONS

15.1 ALO numbers

(a) Availability and use. When a Pedius Number is provided, the User acknowledges:

(i) that you do not own the number or have the right to keep that number forever;

(ii) that the number provided is subject to the laws in force regarding numbers and regulatory practices; and therefore declares that it undertakes to use the same in compliance with current legislation;

(iii) to regularly observe the specific requirements for the assignment of a number provided by Pedius and all the instructions that Pedius or its partners can provide to the user, in relation to the use of numbers and Products;

(iv) not to transfer or attempt to transfer your number to third parties. In particular, the user will be responsible for compliance with the requirements concerning residence and domicile, e

(v) provide accurate, complete and up-to-date information when Pedius requests it, communicating any changes to such information. Pedius reserves the right to modify the provisions relating to Pedius Numbers including, without limitation, the right to impose or modify residency requirements and/or request additional information from the user to continue to access these numbers. In some countries, the number may be issued to the user by a Pedius partner, rather than by Pedius, and the user may be required to enter into a separate contract with that partner.

(b) Other changes to the numbers. Should Pedius withdraw or change the number assigned to the user, Pedius will communicate it to the user, through the available commercial tools, with an e-mail or SMS message indicating the effective date of the change and, where possible, the new number. In the event that the user does not wish to accept the new number, he will be entitled to cancel the number.

15.2 Subscriptions

(a) Conditions of use. Pedius wants to offer its customers the best telephone plans ("subscriptions"), at the lowest possible price. These Terms of Use have been defined to prevent situations of fraud and abuse with respect to Pedius subscriptions by a minority of users. According to these Terms of Use, Pedius Unlimited subscriptions allow unlimited calls to landlines and mobile phones in countries where subscriptions are applicable (excluding special, premium, service and non-geographical numbers). The countries included in the user\s subscription correspond to the countries in which Pedius is active and are subject to change. The ALO subscriptions are intended for individual use, for personal or business communications, in accordance with the Pedius Terms of Use ("Legitimate Use"). The following non-exhaustive list defines the practices that are not to be considered as legitimate use:

(i) use of subscriptions for call center or telemarketing operations;

(ii) resale of subscription minutes;

(iii) sharing subscriptions between users via PBX, call center, computer or other means;

(iv) call numbers (with single, sequential or automatic modes) to generate personal or third-party revenue as a result of calls, which cannot be called individual job communications and pursuant to paragraph 4.1 of the Terms of Use; is

(v) unusual call types that do not conform to the normal use of the individual subscription, such as short regular calls or calls to multiple numbers over a short period of time. Other practices could contribute to determining the legitimate use; Pedius reserves the right to evaluate any illegal, prohibited, abnormal or unusual activity in defining such use. Pedius will have the right to terminate the relationship with its customer or to suspend the subscription immediately if it determines that the latter is used contrary to the Terms of Use. Where plausible, Pedius will disclose misuse prior to the suspension or termination of the subscription and, if appropriate, may offer the user an alternative subscription.

(b) Pedius reserves the right to withdraw or modify subscriptions at any time. In the event that Pedius modifies the Products included in the subscription, Pedius will send a notice by e-mail or SMS that shows the changes and the date of validity of the same. In the event that the user does not wish to accept these changes, he will be entitled to cancel the subscription, starting from the date on which the changes become effective.

 

  1. THIRD-PARTY PRODUCTS, SERVICES, AND WEBSITES

The Service and the Pedius Websites may include hyperlinks to third-party websites. Pedius is not responsible for third-party websites or their availability and does not endorse any content or material of such third-party websites. The use of each of these third-party websites is subject to the terms and conditions published on the website in question.

 

YOU EXPRESSLY RECOGNIZE THAT YOU HAVE READ THE PRESENT CONDITIONS OF USE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND / OR PROJECTING THE INSTALLATION OR USE OF THE Service, PRODUCTS AND / OR PEDIUS WEBSITES, YOU EXPRESSLY AGREE TO BE BOUND BY RELATIVE TERMS AND CONDITIONS AND TO GRANT PEDIUS THE RIGHTS CONTAINED IN THIS CONTRACT.