Aarenet: End User License Agreement (EULA) for anOne desktop and mobile application.
This EULA refers to the use of anOne, a softphone application for desktop operating systems Windows and macOS as well as mobile operating systems iOS and Android. It needs to be used in conjunction with a VoIP provider that supports the use on the core VoIP system. Paragraphs 6-13 have been added to inform you about, and comply with the EU General Data Protection Regulation (GDPR).
Use of the service requires a permanent connection to the Internet. Please note that using our services via your mobile/cellular data connection may incur network connection and data charges.
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. (see also Par 2, Emergency calls)
Aarenet endeavours to keep its services available at all times, all online services are occasionally subject to interruptions and outages for which Aarenet is not to be held responsible. In the event of an outage, you may not be able to access your messages, call history or the data you have stored.
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.
Aarenet’s anOne desktop and mobile client software solutions provide a service designed for native use (e.g. home office or other off-site locations). The core VoIP carrier system may provide call handling designed to initiate emergency calls to the relevant emergency service. However, it is explicitly stated that the service, in order to be operational on desktop or mobile clients, needs a stable connection to the internet. If such connection is available, calls to emergency organisations are routed through the core backend system and will setup a call to the stored (PSTN) number of the relevant emergency service. You hereby expressly acknowledge and accept that the software, both for mobile or desktop devices, is not intended, designed or fit for placing, carrying or supporting emergency calls 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.
This application may need 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. 11. 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. 11. 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” – “Account” and activate “Logout” to reset the application. It may be that some registry entries and history cache will continue to reside on your device.
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.
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.
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
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.
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.
The gathered 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 (wherever possible) 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.
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; in case data is being sent to other parties using the service, this data will remain available on the system as it is considered to be in the ownership of the receiving party.
You have the right to request a copy of your Personal Data in a portable format. However, if requested, all associated charges will apply and will be invoiced to you.
You have the right to lodge a complaint with a supervisory authority.
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. 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, August 2024 (V0824)
