Aarenet: End User License Agreement for ios and Android Smartphone clients

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. Paragraphs 7-14 have been added to inform you about, and comply with the EU General Data Protection Regulation (GDPR).

VoIP over Mobile/Cellular Data Notice: Be aware that some mobile network operators prohibit or restrict the use of VoIP (Voice over Internet Protocol) over their network. They may prohibit the use of VoIP or impose additional fees and/or charges when using VoIP over their network. By using this Aarenet software using the mobile data network, you agree to abide by any restrictions your cellular carrier imposes and agree that Aarenet will not be held responsible for any charges, fees or liability imposed by your carrier for using Aarenet Softphone over their mobile data network.

1. Representation

Aarenet 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.

2. Emergency Calls

Aarenet’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 Aarenet 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.

3. Recording of Calls

Unless agreed in writing by Aarenet AG, all material available from or through the website are provided on an ‘as-is’ and ‘information only’ basis. Aarenet AG hereby disclaims all warranties. Aarenet AG has no liability whatsoever for any use of the materials available on the website. In Particular, but not limited to, Aarenet AG is not liable for any direct or indirect or consequential damages even if advised of the possibility of such damages.

4. Collection of Personal Information / Privacy Policy

This application needs to access the following items to benefit from all features on your smartphone: contacts, camera, microphone and phone. Please note that this information is not stored on any external server and only used locally in the application, except for the case described in pt. 12. The information gathered by the app is not forwarded, stored or used by any third party for any kind and is only used for the purpose to make a personal initiated call, except for the case described in pt. 12. By registering for this application, you consent to our using it in the manner described in this policy. You may withdraw your consent at any time by deregistering from the service. To do so, go to «settings» and activate «Reset application».

5. Legal

This is a legal agreement («the Agreement») between you and Aarenet. This Agreement pertains to your use of the Aarenet software, technology, programs, documentation and updates which are provided to you by AARENET (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.

Aarenet reserves the right to modify the Software at its sole discretion, without notice. Aarenet’s right to modify the Software applies to all aspects of the Software.

6. 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.

7. Identity of Personal Data Controller

The controller of the personal data as defined in Article 4.7 of GDPR and the Data Protection Officer can be contacted at info@aarenet.com

8. Lawful Purpose

For the correct functionality of the service, certain data fulfilling the definition of “personal data” given by paragraph 4.1 of GDPR needs to be processed. This data is stored and processed solely for the purpose of enabling the features of the Service. By accepting this EULA, you are entering a contract and personal data is lawfully processed in accordance to paragraph 6.1.b of GDPR.

9. Location

The Personal Data is stored on servers within the European Union and the United States of America. In case the servers are located in the USA, they are always hosted at centers which participate in EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce and the European Commission.

10. Time Period

The Personal Data is necessary for the correct operation of the Service. They will be processed as long as the service is in use. In case you decide to stop using the Service and uninstall the related apps, all Personal Data will be removed from our servers within a period of 7 days, with the exception of data we are required to hold for compliance with a legal obligation which requires processing by Union or Member State law, as specified in GDPR Article 17.3.

11. Right to be forgotten, rectification of Personal Data

You have the right to request erasure of your Personal Data by GDPR Article 17 and 18). To do so, uninstall the apps and the data will be removed automatically as specified in the “Time Period” paragraph. The service depends on the Personal Data being processed and can not work correctly without it. The Personal Data originates from the input given by the user; rectification can be done by editing the data within the app at any time.

12. Collected Data

  1. SIP Account Credentials
    Required for Push Notifications and WebRTC app to work. They are being used to register the account on the server and forward any incoming calls and messages to the device via Push Notifications.
  2. Address Book Data
    Required for “Contact Sync” and “Smart Contacts” feature to work. A copy of your Address Book is kept on the server and used to show your address book in WebRTC app and to notify you about your contacts that also use the Service. This optional feature may not be activated in your app. Ask your provider if this feature is activated.
  3. IP Addresses
    When using features which require server components, like Push Notifications or Contact Sync and Smart Contacts, or any web services, the IP address and browser information may be logged by the servers. The logs are automatically rotated and the information in them is only processed when troubleshooting specific issues, or when required by law.
  4. Usage Data
    The servers collect information whether the app has been actively used within the current month, for accounting/billing purposes. The data has a form of pseudonymized identifier which is reported by the app when it is used and the time since the last report is more than 14 days.

13. Data Portability

You have the right to request a copy of your Personal Data in a portable format.

14. Complaints

You have the right to lodge a complaint with a supervisory authority.

15. Modifications of Agreement

Only Aarenet may modify this Agreement. Aarenet 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 Aarenet’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.


Niederwangen, 25.05.2018 (V0518)