{"id":991,"date":"2020-04-23T16:48:25","date_gmt":"2020-04-23T16:48:25","guid":{"rendered":"\/faq\/?page_id=991"},"modified":"2024-05-29T07:05:48","modified_gmt":"2024-05-29T07:05:48","slug":"saps","status":"publish","type":"page","link":"\/faq\/saps\/","title":{"rendered":"Subscriber Agreement for Products and Services"},"content":{"rendered":"
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Subscriber Agreement for Products and Services<\/h3>\n
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provided by magicJack, LP, YMAX Communications Corporation and magicJack VoIP Services, LLC.<\/strong><\/p>\n

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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

Definitions:<\/h3>\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

\u201cOne-Way Service\u201d<\/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

\u201cTwo-Way Service\u201d<\/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

1. Description of how the Services work.<\/h3>\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

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2. Ownership and Risk of Loss of Device<\/h3>\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

3. Internet Communications Feature<\/h3>\n