{"id":991,"date":"2020-04-23T16:48:25","date_gmt":"2020-04-23T16:48:25","guid":{"rendered":"\/faq\/?page_id=991"},"modified":"2023-07-31T14:40:02","modified_gmt":"2023-07-31T14:40:02","slug":"saps","status":"publish","type":"page","link":"\/faq\/saps\/","title":{"rendered":"Subscriber Agreement for Products and Services"},"content":{"rendered":"
provided by magicJack, LP, YMAX Communications Corporation and magicJack VoIP Services, LLC.<\/strong><\/p>\n The magicJack, magicJack Plus, magicJack Plus 2014, magicJackGO, magicJackEXPRESS and magicJackHOME devices and any future releases of devices with similar or upgraded functionality (each individually a\u00a0\u201cDevice\u201d<\/span>\u00a0and collectively\u00a0\u201cDevices\u201d<\/span>) are brought to you by\u00a0magicJack, LP<\/span>, a limited partnership organized under the laws of Delaware (\u201cmagicJack, LP\u201d<\/span>). The magicApp and renewal server access are brought to you by magicJack VoIP Services, LLC, a limited liability company organized under the laws of Delaware (\u201cMVS\u201d<\/em><\/strong>). The International prepaid calling services and other communication services are brought to you by YMAX Communications Corporation, a corporation organized under the laws of Delaware (\u201cYMax<\/em><\/strong>\u201d). Before you begin using the Devices, the magicApp, the Services, or the Associated Software, you must read and agree to this Subscriber Agreement (referred to collectively with any future amendments hereto as the\u00a0\u201cAgreement\u201d<\/em><\/strong>).<\/p>\n BY CHECKING THE BOX NEXT TO \u201cI HAVE READ AND AGREE TO THE SUBSCRIBER AGREEMENT\u201d DURING REGISTRATION, OR BY ACTUALLY USING THE DEVICE(S), THE MAGICAPP AND\/OR THE SERVICES, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING, WITHOUT LIMITATION,\u00a0SECTION 5<\/u>\u00a0(EMERGENCY CALLS),\u00a0SECTION 8.b<\/u>\u00a0(AUTOMATIC RENEWAL), AND\u00a0SECTION 27<\/u>\u00a0(NOTICE TO NEW JERSEY RESIDENTS) AND OUR PRIVACY POLICY AT\u00a0https:\/\/www.magicJack.com\/privacy.html<\/a> . IF YOU DO NOT ACCEPT AND ABIDE BY THIS AGREEMENT, YOU MAY NOT USE THE DEVICE(S), THE MAGICAPP AND\/OR THE SERVICES. FURTHER, YOU MAY NOT USE THE DEVICE(S), THE MAGICAPP AND\/OR THE SERVICES AND MAY NOT ACCEPT THE TERMS IF (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ANY OF THE ENTITIES MENTIONED IN THIS AGREEMENT, OR (B) YOU ARE A PERSON BARRED FROM USING THE DEVICES, THE MAGICAPP AND\/OR SERVICES UNDER THE LAWS OF THE UNITED STATES, THE COUNTRY IN WHICH YOU ARE RESIDENT OR THE COUNTRY IN WHICH YOU ARE USING THE DEVICE(S), THE MAGICAPP AND\/OR THE SERVICES.<\/p>\n As used in this Agreement, the following terms have the following meanings:<\/p>\n \u201cAdd-On Service\u201d<\/span>\u00a0as defined in Section 7.<\/p>\n \u201cAssociated Software\u201d<\/span> means the software provided by MVS and accessed or otherwise used by the Devices and\/or the magicApp to facilitate your use of the Services and any related Documentation provided by us.<\/p>\n \u201cCanadian Number\u201d<\/span>\u00a0as defined in Section 7.<\/p>\n \u201cCompany\u201d<\/span>,\u00a0\u201cCompanies\u201d<\/span>\u00a0or\u00a0\u201cwe\u201d<\/span>\u00a0or\u00a0\u201cus\u201d<\/span>\u00a0or\u00a0\u201cour\u201d<\/span> means magicJack LP, YMax and\/or MVS as the context requires. Each such entity provides a unique product and\/or service under this Agreement and each such entity shall (a) only be liable for any obligations arising from this Agreement with respect to the product or service offered by such entity, and (b) only be entitled to any rights arising from this Agreement with respect to the product or service provided by such entity. Referring to these entities collectively is for ease of reference only and is not intended to imply that there is a lack of independence among them nor that any such entity is liable for the obligations of the other or that any party has the power to bind any other party or acts as the agent for the other. This Agreement creates a separate agreement between you and each of magicJack LP, YMax and MVS.<\/p>\n \u201cDevice\u201d<\/span>\u00a0as defined in the first paragraph of this Agreement.<\/p>\n \u201cDocumentation\u201d<\/span>\u00a0means our technical materials provided to you, if any, in hard copy or electronic form describing the use and operation of the Services.<\/p>\n \u201cInitial Subscription Term\u201d<\/span>\u00a0as defined in Section 8.a. of this Agreement.<\/p>\n \u201cmagicApp\u201d<\/span> means the application offered for download to smart phones and tablets by MVS to provide the Services over the internet.<\/p>\n \u201cmagicApp Basic\u201d<\/span>\u00a0as defined in Section 4 of this Agreement.<\/p>\n \u201cmagicApp Premium\u201d<\/span>\u00a0as defined in Section 4 of this Agreement.<\/p>\n \u201cmagicIN\u00ae\u201d<\/span> refers to the ability to receive incoming Voice over Internet Protocol (VoIP) calls.<\/p>\n \u201cmagicOUT\u00ae\u201d<\/span> refers to the ability to make outgoing Voice over Internet Protocol (VoIP) calls.<\/p>\n \u201cmagicJack, LP\u201d<\/span>\u00a0as defined in the first paragraph of this Agreement.<\/p>\n \u201cMVS\u201d<\/span> as defined in the first paragraph of this Agreement.<\/p>\n “One-Way Service”<\/span> refers to the use of either magicIN\u00ae or magicOUT\u00ae Service, but not both, through a Device and\/or magicApp.<\/p>\n \u201cPremium Number\u201d<\/span> means a Custom Phone Number, or a Vanity Phone Number as described in Section 7 but excludes U.S. telephone numbers that are ported into the Service by you.<\/p>\n \u201cRegistration\u201d<\/span>\u00a0or\u00a0\u201cRegister\u201d<\/span>\u00a0means (a) for a Device purchased directly from us at\u00a0www.magicJack.com<\/a>, either registration at the time of your purchase of the Device or at\u00a0www.magicJack.com<\/a>\u00a0after your receipt of the Device, or (b) for a Device purchased from one of our retail partners, registration through\u00a0www.magicJack.com<\/a>\u00a0following purchase of the Device, or (c) for the magicApp Basic or magicApp Premium Service, registration upon download of the magicApp.<\/p>\n \u201cRenewal Date\u201d<\/span>\u00a0as defined in Section 8.b. of this Agreement.<\/p>\n \u201cRenewal Subscription Term\u201d<\/span>\u00a0as defined in Section 8.a. of this Agreement.<\/p>\n \u201cService(s)\u201d<\/span>\u00a0means, as the context requires, the services furnished through the use of any Device, the magicApp, any Add-On Service or the Associated Software, including magicIN\u00ae and\/or magicOUT\u00ae. The collective term \u201cServices\u201d shall be deemed to refer to the use of a Device, the magicApp, magicIN\u00ae, magicOUT\u00ae, and\/or any Add-On Service or the Associated Software as the context implies.<\/p>\n \u201cSubscription Term\u201d<\/span>\u00a0as defined in Section 8.a. of this Agreement.<\/p>\n “Two-Way Service”<\/span> means the use of both magicIN\u00ae and magicOUT\u00ae Services through a Device and\/or magicApp.<\/p>\n \u201cUpdates\u201d<\/span>\u00a0as defined in Section 18 of this Agreement.<\/p>\n \u201cUpgraded Software\u201d<\/span>\u00a0as defined in Section 4 of this Agreement.<\/p>\n \u201cYMax\u201d<\/span>\u00a0as defined in the first paragraph of this Agreement.<\/p>\n \u201cyou\u201d<\/span>,\u00a0\u201cyour\u201d<\/span>\u00a0or similar phrases refers to the customer purchasing, using and\/or downloading the Services and agreeing to the terms of this Agreement.<\/p>\n Although we may choose to notify you when material changes are made to this Agreement, you should periodically review the most up-to-date version, which you can always find at\u00a0https:\/\/www.magicJack.com\/saps<\/a>. We may, in our sole discretion, modify or revise this Agreement at any time and, by your continued use of the Services, you agree to be bound by those modifications or revisions. Unless explicitly stated otherwise by the Company, your use of any new features that may augment or enhance the Services will also be subject to this Agreement.<\/p>\n This Agreement sets forth the terms of the agreements between you and each of magicJack, LP, YMax and MVS as the case may be. Nothing in this Agreement will be deemed to confer any rights upon or benefits to anyone else.<\/p>\n <\/a><\/p>\n The Devices, the magicApp and Associated Software enable the Services, which include a Voice over Internet Protocol service feature and text messaging capability (available with the magicApp Service). To enable your use of the Services you must first purchase a Device and download the Associated Software if not already installed on the Device when shipped to you, and\/or download the magicApp. You may download the magicApp from the iTunes App Store and the Google Play store. Some enhanced features also require you to purchase additional services or premium plans. In addition, you may need a computer running Microsoft\u00ae Windows (7, 8 or 10) or Mac\u00ae running MAC OS Lion (10.7.x) or up with a high-speed Internet connection and, if you purchase a Device, you may need an available USB port and\/or a standard telephone to plug into the Device. The Device and\/or Services may work with prior versions of the foregoing operating systems, but we will no longer provide technical support for any such prior versions. Further, our ability to provide technical support will be limited for older versions of the Device that are no longer capable of receiving software updates. Bear in mind that your use of the Services may be dependent on these requirements and the failure of one may prevent the Services from working. We cannot guarantee that the Services will always function without disruptions, delay or other imperfections. There may be power outages or internet service disruptions and you may experience other disruptions unrelated to the Services, which will interfere with the quality of your Service. You are responsible for obtaining third party products and services required to use the Services (such as a computer with an appropriate operating system and port, high speed internet access and a standard telephone to plug into the Device) and for paying any fees for such third-party products and services. The Services may not be compatible with certain equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, satellite internet service or computer modems.<\/p>\n <\/a><\/p>\n You will own the Device or Devices you purchase but not the Associated Software used to access Services with the Device or magicApp, which is provided to you by MVS for your use under this Agreement. You bear all risk of loss of, theft of, casualty to or damage to any Device you purchase from the time of purchase and\/or shipment until the time (if any) when it is returned to us in accordance with this Agreement. If, within 30 days after placing your order for the Device directly from the www.magicJack.com<\/a>\u00a0website, you are not satisfied with your Device, you may either return it to us for a full refund of the purchase price, minus shipping and handling, or exchange it for a new Device. The full refund or exchange offer is applicable only to the purchase of your first Device. In order to receive a refund or exchange you must request and receive a magicJack RMA number by e-mail and the Device must be returned in its original packaging, and you must pay the expenses of shipping. Request your RMA here\u00a0https:\/\/my.magicJack.com\/returns.html<\/a>. You will receive your refund or your new Device within a reasonable time frame after we receive your package, which is approximately 14 days for an exchange and 45 days for a refund. If you purchased the Device from one of our authorized agents, please contact the distributor or retailer directly to learn about their refund and exchange policy.<\/p>\n <\/a><\/p>\n <\/a><\/p>\n A Device or magicApp allows you to receive incoming calls through the magicIN\u00ae Service. If you choose outgoing service through the magicOut\u00ae Service, the Device or magicApp allows you to make outgoing calls to other Device or magicApp users located anywhere in the world and to traditional telephone networks or cellular networks in the United States (other than Alaska) and Canada (other than the Yukon and Northwest Territories) for no additional charge. Outgoing calls do not include non-8YY accessed calling card, platform, conference or chat lines. We may require prepaid purchase and\/or we may charge you for calls to conference lines, platforms and certain other high-cost calls, or any call wherein we incur a cost from another carrier. We may provide for a fee, premium prepaid services, which may be powered by YMax, and may include some inbound, international, conference, platform and outbound calls that receive a recording and certain calls to high-cost areas, and the rates for those services will be governed by listed price lists or tariffs and billed in full minute increments. Charges may apply to use the call forwarding feature, if available. MVS may make available to you, for an additional fee, enhanced versions of the Associated Software (\u201cUpgraded Software\u201d) that provide new features and functions. \u201cmagicApp Basic\u201d is a free companion App available with a Device subscription that provides free calls to Devices and magicApp users around the world. \u201cmagicApp Premium\u201d is a paid download that does not require the purchase of a Device. Both magicApp Services provide you with multiple calling capabilities including a dedicated U.S. phone number and texting to U.S. mobile numbers with texting capability located in the U.S.. Texting to Canadian Numbers is available only to magicApp Companion users, as a monthly non-recurring service available via the Apple Store or Google Play Store. magicApp Basic is included at no additional cost to Device users for the applicable term of Service for such Device. For each Device account, you may download magicApp Basic as a companion App to either a single iTunes account or a single Google Play account.<\/p>\n <\/a><\/p>\n Please read carefully and understand the difference between Devices and the magicApp.<\/span><\/p>\n magicApp and magicIN\u00ae do not provide any emergency calling or texting capability.<\/span><\/p>\n magicApp \u2013 No Emergency Calls or Texts.<\/span>\u00a0magicApp does NOT support any emergency calls or texts to 911. magicApp is not a traditional telephone service or a replacement for your primary telephone service. There are important differences between traditional telephone services and the magicApp Associated Software and Service. You need to make additional arrangements to call or text 911. It is your responsibility to use the wireless 911 feature of your smart phone or purchase, elsewhere, traditional wireless or fixed line telephone services that offer access to 911. It is your responsibility to inform all users that may use the magicApp Associated Software that you have downloaded, that it is not possible to support or carry 911 calls or texts using the magicApp Associated Software and products, and that they may access emergency services via the additional arrangements that you have made available.<\/p>\n magicIn\u00ae \u2013 No Emergency Calls.<\/span>\u00a0Devices using magicIn\u00ae as a One-Way Service do NOT support any emergency calls to 911. The magicIN\u00ae Service is not a traditional telephone service or a replacement for your primary telephone service. There are important differences between traditional telephone services and the magicIN\u00ae Service. You need to make additional arrangements to call 911. It is your responsibility to purchase, elsewhere, traditional wireless or fixed line telephone services that offer access to 911. It is your responsibility to inform all users that may use your magicIN\u00ae Service, that it is not possible to support or carry 911 calls using the magicIN\u00ae Service, and that they may access emergency services via the additional arrangements that you have made available.<\/p>\n Device 911 calling Service \u2013<\/span> The Service is not a traditional telephone service and we are not required to provide you with access to 911, E911, or similar access to emergency services. However, when you Register your Device, you may enroll in 911 service if you purchase Two-Way Service and register a United States 911 address for United States telephone numbers or a Canadian 911 address for Canadian Numbers. magicJack, LP may take commercially reasonable steps to provide you with emergency service calling only for your registered 911 address. If you are a new customer and you are using the Device in the United States or Canada, you must provide a valid 911 address during Registration or your Service will not be activated. If you are an existing customer you must give us a valid 911 address in your\u00a0my.magicJack.com<\/a>\u00a0account in order for 911 service to be active. You must update this address whenever you change the location from which you place your calls. You agree that each and every time you change the physical location of where you are using a Device, you will update the Emergency Services record at\u00a0my.magicJack.com<\/a>\u00a0and provide the new address where you are using the Device. Your 911 service may take up to seven (7) days to work after Registration but refer to your 911 status at\u00a0my.magicJack.com<\/a>\u00a0for more details.<\/p>\n You understand and agree that access to 911 may be provided to you as a convenience. If you choose to use the same phone number for two or more Devices, you will have 911 emergency dialing on all Devices, but possibly only the first Device Registered with the phone number will be associated with the registered 911 address you provide. The Company will not be liable for any damages resulting from any 911 call. You understand that the 911 service will not work in certain circumstances, including, but not limited to: when you relocate your computer or Device to a new physical location without updating your registered location; if you use a non-native telephone number; if you experience broadband connection failure; if you experience loss of electrical power at your location, if delays occur in the system making updates of your registered physical location. You assume the risk that you may not obtain emergency service when you dial 911. You should always have an alternative means of accessing 911 such as a landline or mobile telephone. It is your responsibility to inform others who use your Device to make phone calls that they should be prepared to access 911 through a traditional landline or mobile telephone. If you downgrade from Two-Way Service to One-Way Service using only magicIN\u00ae, you will not be able to make 911 calls using the Service.<\/span><\/p>\n magicJack E911 services will not operate outside of the United States and Canada.<\/p>\n 911 Billing; Additional Fees \u2013<\/span>\u00a0We have agreed with certain emergency communications districts to bill you via e-mail to collect the charges imposed by them for your ability to dial 911 services. Such charges are in addition to any fees paid by you for the Device, the magicApp or the Services. It is important that you pay such charges pursuant to the instructions included in any bills you receive. If you do not pay this government-imposed charge, the emergency communications district in your jurisdiction may seek to collect any amounts from you directly. We do not profit at all from your 911 services and the funds we collect are turned over to the appropriate government authority pursuant to their requirements.<\/p>\n <\/a><\/p>\n Subject to Section 27 of this Agreement, you agree that you are responsible for your own communications and for any consequences that arise from them. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations and you may have to pay certain taxes or fees or surcharges. Among other things you will not, and will not authorize or encourage any third party to: (a) prevent others from using their Service, (b) use the Service for any fraudulent or inappropriate purpose, (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Devices and\/or magicApp, including those of any of our business associates, from whom we may have licensed certain components used in the Devices and\/or magicApp, (d) collect or harvest any personally identifiable information, including phone number, from the Service, or use the communication systems provided by the Service for any commercial solicitation or spam purposes and\/or (e) spam, or solicit for commercial purposes, any users of the Service. Violation of any of these obligations may result in immediate termination of this Agreement and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but will have no obligation, to investigate your use of the Device, magicApp, or the Associated Software in order (a) to determine whether a violation of the Agreement has occurred or (b) to comply with any applicable law, regulation, legal process or governmental request. We may monitor your use of the Service for violations of this Agreement. We may terminate your use of the Device and\/or magicApp and\/or Associated Software immediately if we suspect a violation of this Agreement, or if we think it necessary to protect other customers or our respective, parents, affiliates, directors, officers, agents, and employees from harm. If we become aware of unreasonably excessive use, including but not limited to, a customer whose usage is extraordinarily greater than the average Device or magicApp customer usage, or a customer who calls or texts more than 50 different telephone numbers per day, or a customer who forwards calls from their Device and\/or magicApp to a non-Company number for longer than a two week consecutive period, or systematic or intentional misuse, we reserve the right, in our sole discretion, to terminate your use of the Device and\/or magicApp and\/or Associated Software immediately, and you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us. We reserve the right to reclaim any telephone number that does not make a call for 90 consecutive days. In the event that we reclaim a phone number, and your Service under this Agreement is still active, you may choose another phone number.<\/p>\n You also agree not to use or launch any automated system, including without limitation, \u201crobots,\u201d \u201cspiders,\u201d \u201coffline readers,\u201d etc. or \u201cload testers\u201d, including without limitation, wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Company\u2019s servers in a given period of time than a human can reasonably produce in the same period by using the Service, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. While we do not disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do not permit any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Company clients. We do not permit the use of request modification tools, including without limitation, fiddler or whisker, or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain.<\/p>\n We reserve the right to not authorize or settle any transaction you submit which we believe is in violation of this Agreement, any other agreement between you and the Company, or exposes you, other Device or magicApp users\u2019, financial services providers, or the Company to harm or unnecessary risk, including but not limited to fraud and other criminal acts. You grant us authorization to share information with law enforcement about you, your transactions, or your Device or magicApp account if we reasonably suspect that use of your Device or magicApp account has been used for an unauthorized, illegal, or criminal purpose.<\/p>\n We may disclose your personal information to law enforcement, government officials, or other third parties if: (i) we are compelled to do so by subpoena, court order or other legal process; (ii) we must do so to comply with laws, statutes, rules or regulations; (iii) we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal or unauthorized activity, or to investigate violations of this Agreement.<\/p>\n <\/a><\/p>\n In addition to the Device, the magicApp and the Associated Software, we offer the following Services for an additional fee, each of which may be purchased through\u00a0www.magicJack.com<\/a>\u00a0(collectively, the \u201cAdd-On Services\u201d):<\/p>\nDefinitions:<\/h3>\n
1. Description of how the Services work.<\/h3>\n
2. Ownership and Risk of Loss of Device<\/h3>\n
3. Internet Communications Feature<\/h3>\n
\n
a) Incoming Calls (magicIN\u00ae):<\/h4>\n
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b) Outgoing Calls (magicOUT\u00ae):<\/h4>\n
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c) One-Way and Two-Way Service Selections:<\/h4>\n
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4. What Is Free and What is Not:<\/h3>\n
5. Emergency calls:<\/h3>\n
6. Proper Use; Suspicion of Fraud:<\/h3>\n
7. Add-On Services; International Pre-paid:<\/h3>\n
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