Terms of Use

Yolla Calls International OÜ, a company located at Rävala pst 6-404A, Tallinn city, Harju county, Estonia (“Yolla”), registration no. 12790192, offers you (“you” or “your”, the registered user and licensee under these Terms) calling, texting, and other services (“Service”) through Yolla’s licensed smartphone and web applications (“Licensed Application” or “Product”) available on Yolla’s website at www.yollacalls.com («Site») or other third party websites. Licensed Application is licensed (not sold) to you by Yolla for use only under these Terms. Yolla reserves all rights not expressly granted to you.

NO ACCESS TO EMERGENCY SERVICES: The Licensed Application is not a replacement for your ordinary mobile or fixed line telephone. In particular, it does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.

NO ACCESS TO SPECIAL AND PREMIUM NUMBERS: Calls to special and premium rate phone numbers are not allowed and will not be provided by the Service.

CHECK RESTRICTIONS ON USE: There are restrictions on the use of the Licensed Application in some countries. It is your responsibility to ensure that you are legally allowed to use the Product where you are located.

AGE: You must be at least 16 years old to use the Product, the Service, and the Site (in certain countries at least 13 as required in your country for you to be authorized to use the Product, the Service, and the Site without parental approval). In addition to being of the minimum required age to use the Product, the Service, and the Site under applicable law, if you are not old enough to have authority to agree to our Terms of Use in your country, your parent or guardian must agree to our Terms of Use on your behalf.

YOLLA CREDIT BECOMES INACTIVE AFTER 365 DAYS: If you do not use your Yolla credit for a period of 365 days (including the credit that has been allocated to you for free by Yolla support administrator, when downloading the application, or any other earned Yolla bonuses). You can reactivate the Yolla credit by logging into your Yolla account at https://my.yollacalls.com/. Reactivated Yolla credit is not refundable. If your Yolla account is canceled (deleted), your Yolla credit will be lost. Yolla account may be canceled in any of the following: you actively cancel your account; you remove Yolla from your mobile device(s) and don’t reinstall it within 365 days; you do not log in to the Yolla app within 365 days.

Acceptance of the Terms

The Terms of Use is a binding legal document between Yolla and you that explains your rights and obligations as a user of the Licensed Application and the Service. By downloading, and/or using the Product, the Site, and the Service you acknowledge and agree to the Terms and the Yolla Privacy Policy. If you choose to not agree with any of these Terms, you may not use the Product and/or the Service and/or the Site.

Changes to the Terms

Yolla may make some changes to these Terms from time to time without notice. Yolla will publish the changes at www.yollacalls.com/tou. The changes will be effective when published. You understand and agree that if you continue to use the Product, the Site, and the Services after the date of amendment publication, it shall constitute that you accept the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Yolla. If there are any material changes to these Terms, we will notify you by email or as otherwise required by applicable law. Yolla will also post any adjustments to the Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable).

License

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable free of charge license to personally use the Licensed Application on mobile devices or personal computers that you own or control through your individual Yolla user account.

This license does not allow you to use the Licensed Application on any device that you do not own or control and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, sublicense the Licensed Application.

You may not remove, obscure or alter any copyright notices or other proprietary notices included in the Licensed Application, 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 included with the Licensed Application, if any).

You agree not to use the License Application and any part of it within or to provide commercial products or services to third parties. At the same time, you are free to use the Product, the Site, and the Service for your own business communications.

Any copying or distribution, publication or commercial usage 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 Yolla.

If you breach or attempt to breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by Yolla that replace and/or supplement the Product and/or Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Consent to Use of Data

By using the Licensed Application, you agree that Yolla may collect and use data and related information, including but not limited to technical information about your 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 Product and Service or to provide services or technologies to you.

Termination

The license is effective until terminated by you or Yolla. You may terminate your relationship with Yolla at any time. Upon termination of the license, you shall cease all use of the Licensed Application, and delete all copies, full or partial, of the Licensed Application.

Your rights under this license will terminate automatically without notice from Yolla if you fail to comply with any term(s) of this license.

Yolla has the right to terminate its relationship with you and may suspend and cancel your user account, use of the Product, the Site, and the Service at any time and immediately, without prior notice to you, and without any obligation to compensate you for any loss due to such cancellation:

    • if you are in breach of these Terms;
    • if Yolla reasonably suspects that you are using the Product, the Site, and the Service to break the law or infringe third party rights;
    • if Yolla reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies;
    • if Yolla reasonably suspects that you are using the Product, the Site, and the Service fraudulently or that your user account is being used by a third party fraudulently;
    • if Yolla reasonably suspects that you are using the Product, the Site, and the Service or subscription for continuous operation, including but not limited to: rerouting of communications, automatic contacting of random and generated phone numbers, re-selling or sharing subscription minutes between users, telemarketing or call-center operations, calls to special/premium rate phone numbers, and other activities to generate income;
    • if Yolla reasonably suspects that you are using the Product, the Site, and the Service for bulk messaging, spamming, phishing (i.e. sending copies of a single message to many users, sending unsolicited messages for commercial purposes or with malicious intent);
    • in respect of a particular Product, on thirty (30) days notice if Yolla decides to cease offering that Product;
    • immediately, if required due to a change in or adverse interpretation of laws/regulation or where required by a regulator or authority with a lawful mandate, or by any of Yolla’s partners;
    • on thirty (30) days notice if Yolla decides to cease offering the Product and Service generally or to users in your jurisdiction in particular.

Yolla also reserves the right to cancel user accounts that have been inactive for more than one (1) year.

Use of Product and Service

In order to use the Product, the Site, and the Service, you are required to register a user account with Yolla. You agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering, as well as any additional information provided or any amendments made by you.

Once you have registered a user account and/or downloaded the Licensed Application and become a Yolla user, you can call any other Yolla user free of charge. In addition, you can call mobile and landline phones and send text messages to mobile phones around the world at the rates set forth in the Charges paragraph.

You understand that by using the Product, the Site, and the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use the Licensed Application and the Service at your sole risk and Yolla shall not have any liability to you for any content.

You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.

Yolla makes no representation that our Product and Service are available for use in any particular location. If 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.

Yolla may need to perform maintenance on or upgrade the Product Site or the underlying infrastructure. This may require Yolla to temporarily suspend or limit your use the Product and Service. You will not be entitled to claim damages for such suspension or limitation of the use.

Yolla has no obligation to make available any updates. At the same time, we may require you to download and install updates to use the Product and Service or automatically download and install updates to your device.

Yolla reserves 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.

Unauthorized Use

You are responsible for all actions that take place as a result of access to or use of the Service via your access code and/or via your mobile phone independently of whether the access was made by yourself or by a third party using your access code and/or mobile phone.

If your mobile phone is stolen or if you become aware of unauthorized use of the Product, the Site, and the Service you must notify Yolla immediately to block your user account and suspend the Service. You are responsible for all charges until the Service is suspended. We have the right to change your password at any time in our sole discretion and without notice, should we become aware of or suspect an unauthorized use.

No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE LICENSED APPLICATION AND THE SITE 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, THE LICENSED APPLICATION AND THE SERVICE ARE 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 LICENSED APPLICATION AND 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.

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. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Proprietary Rights

You agree that the Product and the Site contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Product and Service.

Yolla and/or its licensors retain exclusive ownership of the Product Site and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with Yolla’s intellectual property rights.

Charges

The rates for the Service are published on the Site at www.yollacalls.com/rates. Yolla reserves the right to change the rates at any time without notice to you by posting such change on the Site. You understand and agree that if you continue to use the Product and the Services after the date of amendment publication, it shall constitute that you accept the updated rates. If you do not agree with the amended rates, you may terminate your relationship with Yolla.

The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. At the end of a call, fractional cent charges will be rounded up or down to the nearest whole minimum currency unit (e.g. cent). For example, a total call price of €0.034 will be rounded to €0.03. During the call, charges incurred will be deducted automatically from the Yolla credit balance in your user account.

You can enable the auto top-up feature when you buy Yolla Credit. If enabled, your credit balance will be automatically recharged when your Yolla balance becomes less than $1 with the same amount and by the same payment method chosen when you first sign up for auto top-up. You can change the amount or disable the auto top-up feature at any time by changing your payment settings in the Yolla applications.

You can use the mobile top-up service provided by Yolla. In this case you will be required to input a receiver mobile phone number. It is your responsibility to ensure that you have correctly inputted the information. You acknowledge that you will lose the right to cancel the services once they have been fully performed by Yolla. Accordingly, you will have no right to request a refund under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
The total amount (inclusive of applicable taxes and service fees) that you will be required to pay will be displayed in the Licensed Application before you are asked to confirm your transaction.

There might be a limit of the number and value of purchases over a time period (e.g. daily, weekly, monthly).

Subscriptions are automatically renewed unless canceled by user prior to the occurrence of the new subscription period.

Yolla provides text messaging to mobile phones and charges your Yolla account for messages that you send using the Product. However, Yolla cannot guarantee that the person you are sending a message to will receive it or reply to it (e.g., if a recipient is not reachable). We are dependent on various telecommunications networks for the delivery of messages and therefore cannot guarantee the delivery or the time taken for messages to be delivered. Also, Yolla cannot report the message delivery status as the exact meaning of delivery confirmations varies in different telecommunications networks and sometimes it only confirms that the message has been successfully sent, but not necessarily received.

Unless stated otherwise, all rates and charges shall be stated in US dollars (USD) or Euro (EUR) and shall be exclusive of value added taxes (VAT) or other applicable taxes or fees. Yolla may collect VAT or other applicable taxes at the appropriate rate for the particular territory (as per applicable tax rules) at the time of purchase of Yolla credit.

Refunds and Bonuses

Unless otherwise provided by law or by a particular Yolla offer, all purchases are final and non-refundable. If you believe that Yolla has charged you in error, you must contact Yolla within 90 days of such charge.

No refunds will be given for any charges more than 90 days old. In exceptional cases, Yolla can refund calls that failed to connect back to your Yolla balance, if the call duration does not exceed 30 seconds and less than 30 days has passed since then.

As explained above, telecommunications networks do not provide a precise and universal message delivery status, so Yolla does not have accurate information about the message delivery, therefore all charges from your Yolla account for SMS messages are non-refundable.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Yolla reserves the right to refuse a refund or bonus request if it reasonably believes that you are trying to unfairly exploit this policy, for example, by making repetitive requests in respect of the same product or feature; by creating multiple Yolla accounts or using one account on multiple devices; if you are in breach of the Terms; or if Yolla 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 policy does not affect any of your statutory rights to pursue a claim.

We make our best efforts to reward Yolla’s loyal customers by means of bonus campaigns, including the referral (intended to promote Yolla products to new users), ad videos, and testing programs. However, there may be rare situations where a program does not work properly due to some technical restrictions. Please refer to FAQ or contact technical support if you believe you experience some issues.

As a loyal user of the Service, you may be suggested to get a refund to your Yolla account as some percent of the amount that you spend on calls to your favorite phone number. You will be prompted to select this number. You won’t be able to change it later yourself. The favorite number can only be changed through Yolla support and only once a month.

All free credits received by users during a bonus campaign are for the personal use in the Yolla applications and services only. These credits are non-refundable, non-transferable and can’t be converted into money. In order to prevent fraudulent usage, misuse, and taking advantage of the referral system, Yolla may limit the maximum amount of free credits to be received by users and withdraw issued bonuses. Creating multiple accounts with different phone numbers by one user is also considered as a misuse. Yolla may withdraw free credits that have not been used by users within a period of 30 days after issuance date.

Bonus campaigns are valid until further notice. Yolla reserves the right to stop a campaign at any time and for any reason, at Yolla’s sole discretion.

Jurisdiction

The Estonian laws, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. You expressly agree that the courts in Tallinn have exclusive jurisdiction over any claim or dispute with Yolla 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, state, national, or international laws.

Last update: January 2021

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