Welcome to AloTel – thanks for using our services!
We are proud to be able to offer you, as a member of AloTel (more specifically, a customer of Avion UAV inc, LLC), a unique high-quality cross-border calling experience at unbelievable low rates, via the AloTel mobile application and website (www.alotel.app) (the “App” and “Website”)
The AloTel Terms of Service (the “Terms of Service”) represent a binding legal agreement between you and Avion UAV inc (“AloTel”, “us”, “our” or “we”) and govern the provision and use of our Services (as defined below) and otherwise the relationship between you and us in connection with the Services.
The Terms of Service comprise the terms and conditions set forth herein, but also any additional terms and conditions, policies, rules, guidelines, rates, offers or similar in any schedules attached hereto or otherwise published in the App or on the Website, including but not limited to our policy regarding processing of personal data (the “AloTel Privacy Policy”), attached hereto. You should read them all carefully and retain them for your records. If you don’t agree to the term and conditions set forth herein, please don’t use the Services.
By applying for or otherwise retaining, using the Services (or any part thereof), you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the AloTel age is older) or otherwise are fully able and competent to conclude these Terms of Service; (ii) you are a U.S. citizen or legal alien residing in the United States, Puerto Rico or the District of Columbia; (iii) the personal information that you provide in connection with the Services or otherwise the AloTel services is true, correct, up-to-date and complete; and (v) that you have read and understand the Terms of Service, and agree to be bound by and to comply with their terms and conditions.
AloTel may make changes to the Terms of Service from time to time. AloTel will publish the changes in the App and/or at the Site. The changes will be effective when published. Please review the Terms of Service on a regular basis. You understand and agree that your express acceptance of the amended Terms of Service, or if you continue to use the Services after the date of publication, shall constitute your agreement to the amended Terms of Service.
Avion UAV inc is a company incorporated under the laws of USA, with registered address 1190 Battery Street, San Francisco, California, 94111, US
IMPORTANT NOTICE:
The Services provided by AloTel are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service.
NO EMERGENCY CALLS – The Services are not intended to replace your ordinary or fixed line telephone services. As such, the Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. Neither are they intended to support calls to operator or directory enquiry services. AloTel is not liable in any manner for such calls. You must ensure that you, or anyone using your Device, have alternative arrangements for making any such calls.
If you do not agree to the terms and conditions of these Terms of Service you are not allowed to use the Services and must stop using the Services now.
1. The Services
By using AloTel’s calling services you will be able to make outbound international calls to conventional telephone numbers around the world (as long as you and your contact being in an area or jurisdiction which we at the time supports). The calling services enable you to place outbound, internet-based voice calls to the public switched telephone network terminating on both fixed and mobile telephony networks. In providing services, AloTel is using a combination of internet routing and virtual local landline numbers. We offer call termination services in several countries around the world, but we can’t guarantee that we support termination in all countries or to all phone numbers or that we always will support termination to any particular country or phone number. We make no representation that our Services are available for use in any particular location. The calling service is not intended to be used for calls within one country.
In addition to the services described above, as a registered customer you may also use our mobile top up service through which we provide you with the possibility to transfer pre-paid airtime value (for communication or data transmission capacity) to a phone subscription account registered on an end user with certain mobile networks operators in certain countries (hereinafter the “Mobile Top Up Services”).
These communication services and all other services, products, features, functionalities and/or interactions as set forth in this document or presented in the App or on the Website or otherwise provided or made available to you by AloTel via AloTel from time-to-time shall collectively be referred to in these Terms of Service as the “Services”. The term Services shall also include/refer to any and all software and all types of codes (source code, binary code etc.), and any versions thereof, made available to you or otherwise used by AloTel or you in relation to the provision of the Services or otherwise relating thereto (the “Software”).
You acknowledge and agree that the offering and provision of the Services by AloTel are conditioned upon that you are an existing customer of Avion UAV inc and permitted by Avion UAV inc or otherwise eligible to acquire the services under the AloTel Terms of Service. In addition, to acquire the Services you are also required to have a valid AloTel Account and sufficient funds on your AloTelAccount, or a valid payment method connected to your AloTel Account (for details, please see the AloTel Terms of Service). The provision and use of the Services will be administered and managed through your AloTel Account. AloTel reserves the right to only provide the Services within the App and/or on the Website (as applicable).
1.1 Intellectual Property Rights, Licenses, etc. In consideration of you agreeing to abide by the terms and condition of these Terms of Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Software and other parts of the Services provided or made available to you by AloTel. You may download a copy of the Software onto a Device which you control and to view, use the Software on the Devices for your personal purposes only. We reserve all other rights.
You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.
The Software may contain open source software. Any use, reproduction and distribution of components of the Software licensed under an open source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open source software license.
You acknowledge that you have no right to have access to the Software or other parts of the Services (where applicable) in source-code form.
All ownership and intellectual property rights in or to the Software and, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in AloTel, or AloTel’s licensors, and nothing in these Terms of Service shall constitute or be interpreted as a transfer of any such rights from AloTel to you or anyone else. You are, as stated above, solely entitled to the limited license to the Services specifically granted under these Terms of Service. For the purpose of clarification; nothing in these Terms of Service give you a right to use any of AloTel’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the Services provided to you.
The licenses granted to you as described in this section will terminate automatically in the event of any termination of the Terms of Service.
1.2 Use of the Services You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including without limitation any applicable export laws and regulations). It is your responsibility to ensure that you are legally allowed to use the Services where you are located. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. You acknowledge and understand that the voice communication service provided by AloTel is not a traditional telephone service or a replacement for your primary telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between the traditional telephone service and the voice communication services provided by AloTel.
You acknowledge that the products, features or functions or other parts of the Services may change over time. AloTel may without prior notice to you change the form and nature of the Services. This could mean, among other things, that future versions of the Software may be incompatible with applications developed on or with previous versions. Furthermore, AloTel reserve the right to, in AloTel’s sole discretion and without prior notice to you, stop (permanently or temporarily) providing the Services to you or to users generally. AloTel may make updates of the Software or other parts of the Services at any time, but shall have no obligation what so ever to provide any such updates to you. It is your responsibility to use the latest available version of the Software or other parts of the Services (where applicable).
The Services are for your individual use. You shall not resell or commercialize the Services to any third party. You agree that you are solely responsible (and that AloTel has no responsibility to you or any other third party) for any data, content, or resources that you transmit by using the Services, and for the consequences of such actions (including any loss or damage which AloTel or any third party may suffer). 1.3 Jurisdictional Restrictions If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services, you may not use the Services in such jurisdiction. It is your responsibility to ensure that you are legally allowed to use the Services where you are located. 1.4 Third-Party Services You acknowledge and agree that the Services provided by AloTel are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service. You acknowledge and agree that the use of the Services is dependent upon services of third parties, including but not limited to international carriers, local termination partners and your local telecom and mobile operator (“Provider”). Note that some Providers prohibit or restrict the use of Voice over Internet Protocol (“VoIP”) functionality or other features of the Services and may impose fees in connection with the use of the Services. You are solely responsible for verifying with your mobile operator or Internet provider (or any other Provider that you are using in relation to your use of the Services) that your use of the Services is permitted and in accordance with any contractual obligations you may have with such Provider, and also to understand (and pay for) any fees that such Provider may charge you in relation to your use of the Service. Note that, as soon as your call is connected to a phone number provided by AloTel, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call or not (i.e. even if the line is busy). Note that if you use the Services while you are in a country that is not the country associated with your base/fixed net or mobile phone operator or other Provider (in other words: out-of-country usage) this usage may lead to significantly higher costs in relation to your Providers than normal usage. You are solely responsible for keeping yourself informed and paying for such possible roaming and other applicable charges levied by your mobile operator or other Provider. In relation to our Mobile Top Up Services, please note that once the Mobile Top Up transaction is completed, AloTel has no control over the pre-paid airtime value and that the terms and conditions of the recipients local mobile network operator will apply in respect of the end user’s consumption of such pre-paid airtime value.
1.5 Unauthorized Use, Stolen Device
You are solely responsible for all activities relating to the Services that occur on or otherwise are associated with your AloTel Account, regardless of whether the activities are undertaken by you or any third party and whether or not authorized. For the avoidance of doubt, AloTel is not responsible for any unauthorized access to the AloTel Account. You are required to contact us immediately to suspend the Services and block your AloTel. Account if you suspect that your mobile phone or other device you are using the Services on (“Device”) is stolen or otherwise that an unauthorized person may be using the AloTel Account or if your password/PIN or any other account information is lost or stolen. You are responsible for all charges to your AloTel Account until the Services are suspended and the AloTel Account is blocked. You may terminate your AloTel Account and cancel the Service at any time by contacting us. AloTel takes no responsibility for your failure to comply with the obligations set out in this Section 1.5 “Unauthorized use, stolen device”.
1.6 Prohibited Use and Restrictions You agree to use the Services only in such way that is permitted by these Terms of Service and the AloTel Terms of Services (as applicable) and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. The list below provides examples of prohibited conduct and shall not be considered exhaustive – You may not and you agree not to:
use the Services for any unlawful purpose, or in any manner inconsistent with the Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Services or any operating system;
infringe AloTel’s intellectual property rights or those of any third party in relation to your use of the Services (to the extent that such use is not licensed by these Terms of Service); transmit any communications that is defamatory, offensive or otherwise objectionable in relation to your use of Services;
use the Services for transmitting unsolicited communications (sometimes referred to as spam), or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
not use the Services in a way that could damage, disable, overburden, impair or compromise AloTel’s or any third party’s systems or security or interfere with other users;
collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services; expose any third party to or use any material or content which infringe any third party’s intellectual property rights or violate the rights of any third party;
intercept or monitor, damage or modify any communication which is not intended for you;
sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to, the Services (or any part thereof);
sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to, the Services (or any part thereof);
use the Services (or any part thereof) within or to provide commercial products or services to third parties (the foregoing shall not preclude you using the Services for your own business communications); and/or
use the Services in any fraudulent way.
In relation to the AloTel’s unlimited deals the following should be noted in particular. These deals offer unlimited outbound international calling services as set forth herein and in the App (note that third party fees may apply, see Section 1.4 “Third party services”). You acknowledge and agree that the AloTel’s unlimited deals are intended only for normal, single-person and non-commercial use to regular landline and mobile numbers in certain applicable subscription countries (by way of example, special, premium, service and non-geographic numbers are excluded).
Not limiting the generality of the aforesaid, the following practices are always considered unauthorized use: re-selling subscription minutes; sharing subscriptions between users; using subscriptions for telemarketing or call-center operations; calling numbers (whether singly, sequentially or automatically) to generate income for yourself.
Unusual calling patterns inconsistent with normal, individual subscription use may also be considered unauthorized use. AloTel reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Excessive conferencing or call forwarding, excessive numbers of regular calls of short duration, calls to multiple numbers in a short period of time, auto-dialing or fax/voice blasts, use without live dialogue and/or consistent excessive usage will be considered indicators of such unauthorized or excessive use. In relation to the Mobile Top Up Services, you acknowledge that there may be maximum thresholds for the aggregate value that you may transfer at any given point in time.
You acknowledge and agree that, AloTel may, at its sole opinion, immediately, without prior notice, suspend the Services, cancel your AloTel Account and/or terminate the Terms of Service with you if AloTel has reason to suspect that you (or your AloTel Account) are using the Services in breach of the Terms of Service. The aforesaid does not limit any other rights that AloTel may have under these Terms of Service or applicable law.
1.7Submission of Information to AloTel You agree that any comments, suggestions, feedback, documents, content or other material or information provided, shared, published by you in connection with the use of the Services or otherwise in your contacts with AloTel (including but not limited to, the use of blogs, forums and support websites) is provided on a non-proprietary, non-exclusive and non-confidential basis. You grant AloTel a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any such material or information. You acknowledge that you are responsible for whatever material or information is provided by you, including its legality, reliability, appropriateness, originality and copyright.
1.8 Disclosure of Information AloTel reserves the right at all times to disclose any data or information (in any form) as AloTel deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in AloTel’s sole discretion.
1.9 No Warranties You expressly acknowledge and agree that the provision and use of the Services 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 Services 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 Services, 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 Services or that the Services will be uninterrupted or error-free, or that defects in the Services 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. Additionally, you also understand that AloTel cannot guarantee that information or communications transmitted in relation to the use of Services will not be subject to interception by law enforcement officials or other third parties.
1.10 Suspension and Interruption of the Services AloTel has the right, without any liability, to refuse to provide, restrict, limit, change, remove, disable, suspend and/or interfere or interrupt the Services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the Service, or for any of the reasons for termination set forth in the Terms of Service, or any corporate or business reason.
1.11 Content of Communication The content of the communications made using the Services are entirely determined by the person from whom such content originates. You may therefore be exposed to content that is offensive, harmful, indecent or otherwise objectionable. AloTel will not be liable for any type of communication spread by means of the Services.
1.12 No Emergency Calls
The Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and AloTel is not liable in any manner for such calls. In the event that, with your permission, another person uses the Services through your AloTel Account, you are responsible to inform that person that the Services do not support or carry emergency calls. You must ensure that you, or anyone using your AloTel Account/Device, have alternative arrangements for making any such calls.
1.13 Phone Numbers Provided by AloTel
AloTel may, as part of the technical setup of the Services, pair you with one or more phone numbers. These phone numbers are shared by multiple AloTel users. You expressly acknowledge and agree that this pairing of phone numbers with you shall not constitute a transfer of property or sale of numbering rights by AloTel to you. As a result, you will not be entitled to claim any such rights to these phone numbers. This means, without limitation, that you may not port-out any such phone number to any third party or otherwise away from AloTel.
1.14 Mobile Top Up Services
AloTel provides you with the possibility to transfer pre-paid airtime value (for communication or data transmission capacity) to a phone subscription account registered on an end user with certain mobile networks operators in certain countries on the terms and conditions set forth on the Site or otherwise in these Terms of Service.
Within the App you will be able to purchase Mobile Top Up for transfer, in such denominations and amounts as are displayed in the user interface (from time to time), for transfer to the receiving end users. Please note that there may be maximum thresholds for the aggregate value that you may transfer at any given point in time. All values available for Mobile Top Up are stated VAT inclusive (if applicable) and inclusive of AloTel’s service charges.
You are responsible for all transactions performed by use of your AloTel Account. By completing the Mobile Top Up in the App, you authorize us to transfer the value as ordered by you to the mobile telephone number (the “MSISDN”) that you have identified. AloTel will upon receipt of your order for Mobile Top Up make a reservation corresponding to the cost of the value and the transfer service to your AloTel Account, and will upon successful completion of the Mobile Top Up, debit such cost to your AloTel Account or connected credit or debit card. Funds received by AloTel for Mobile Top Up do not constitute funds held on account for the user. AloTel will commingle the funds with its own funds.
Once the Mobile Top Up has been successfully completed, which will be notified to you, the value transferred cannot be refunded or removed from the receiving MSISDN. Please note that AloTel does not assume any liability should you send Mobile Top Up to the wrong MSISDN.
We will notify you if a Mobile Top Up transaction should not be successfully completed. A transaction can either (i) fail, meaning that the reservation of the charges to your AloTel Account will be released, or (ii) be pending, meaning that the transaction is in progress (which may continue up to 24 hours) during which time the charge will remain reserved against your AloTel Account (and no Mobile Top Up value will reach the receiver MSISDN).
Should it come to your knowledge that a Mobile Top Up initiated by you, the cost for which has been charged to your AloTel Account, has not reached the MSISDN identified by you, you shall notify us within reasonable time and provide us with underlying documentation evidencing the cost which was debited your AloTel Account, and identifying the MSISDN to which your ordered the Mobile Top Up. 2. CUSTOMER SERVICE
For customer service, please visit the help and support sections available in the App or on the Website or get in contact with our customer service agents by phone (available Monday through Friday 8:00AM – 6:00PM CDT and Saturdays 9:00AM – 5:00PM CDT) or by email. Customer Service Email: support@alotel.app
Customer Service Number: +14153750826
3. RATES, PAYMENTS AND RECEIPTS
3.1 Applicable Rates and Payments
The rates for the Services are published in the App and/or the Website. AloTel reserves the right to change the rates (offers, deals, plans or similar) at any time without notice. The new rates shall become effective immediately when published and shall apply to your next phone call or otherwise the next time you use the Services following the publication of the new rates. You agree that by continuing to use the Services you accept the new rates. If you do not wish to accept the new rates do not use the Services. No refunds are available.
Unless stated otherwise, all rates and charges for the Services shall be stated in United States dollar (USD) and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees. You shall be responsible for paying any and all VAT or any other taxes or fees applicable to the Services.
The Services /including airtime value for Mobile Top Up Services) are provided and charged on a pre-paid basis. In order to execute the purchases of the Services you shall pay AloTel the rates (offers, deals, plans or similar) published form time-to-time in the App and/or on the Website. Payment shall be made by way of a corresponding amount to the purchase value is deducted from your AloTel Account and transferred to AloTel. You acknowledge and agree that by initiating a purchase you instruct and authorize us (without any further approvals needed) to, on your behalf, deduct the aforesaid amount from your AloTel Account and transfer it to a bank account of AloTel. 3.2 Minute Rounding
In relation to calling, the cost calculation will be based on the duration of your call. The measurement of call duration is based on one-minute increments, meaning that the duration of a call is rounded up to the next nearest full minute. Example: if you make a call that lasts for 7 minutes and 10 seconds, for billing purposes, the call will be rounded up to 8 minutes.
3.3 Refunds
Except as provided by law, all purchases are final and non-refundable. If you believe that AloTel has charged you in error, you must provide a written request in English to our Customer Service within 90 days of such charge (for contact details see Section 2 above). No refunds will be given for any charges more than 90 days old. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. AloTel reserves the right to deny repetitive refund requests.
3.4 Account and Receipt
In your AloTel Account you will find certain information relating to your use of the Services, such as payments made, receipts and calling history (during a limited period) (“Account Records”). Please note that the Account Records are the only statement or your use of the Services or otherwise the activities relating to your AloTel Account that will be provided to you. It is your responsibility to retain and save copies of your Account Records for future reference. AloTel will use commercially reasonable efforts to correct any technical failures relating to the Account Records within a reasonable time. However, your inability to view the Account Records does not extend, or relieve you of, your obligation to pay any amounts owing to AloTel.
4. TERMINATION AND SUSPENSION
The Terms of Service are effective until terminated by you or us. The Terms of Service may be terminated for any and all reasons, at any time and without prior notice.
You acknowledge and agree that AloTel’s offer and provision of the Services to you are conditioned upon you remaining a AloTel customer and otherwise being eligible to acquire the services from AloTel; hence, the termination of the AloTel Terms (or the suspension of the AloTel services) has the immediate effect that also these Terms of Service are terminated (or the Services are suspended, as applicable).
You acknowledge and agree that we are under no obligation to provide the Services to you, and that we shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Services and/or the Terms of Service.
On termination (for any reason) all rights granted to you under the Terms of Service shall cease immediately and you must immediately stop using the Services and otherwise cease with all activities authorized under the Terms of Service, including but not limited to, delete or remove the Software and other parts of the Services (where applicable) from all Devices, and immediately destroy all copies of the same then in your possession, custody or control. We shall execute the termination by preventing you to access your AloTel Account and other parts of the Services.
5. MISCELLANEOUS
5.1 Assignment
AloTel may assign all or part of the rights and/or obligations under the Terms of Service without notice to you. You may not assign any rights or obligations under the Terms of Service to any third party without the prior written consent of AloTel.
5.2 Limitation of Liability
In no event shall AloTel and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the use of or inability to use the Services or otherwise arise under the Terms of Service, even if it has been advised of the possibility of such damages.
In any event, and without limiting the generality of this Section to the extent permitted by law, you agree that AloTel’s total aggregate liability to you for any and all damages and losses that arise in connection with the use of or inability to use the Services, or otherwise relating to the Terms of Service, shall not in any circumstance exceed the amount actually paid by you to us for the Services during the five (5) month period preceding the date of the event giving rise to the relevant claim, however always subject to a maximum of three thousand (3 000) USD in aggregate.
5.3 Indemnity
You agree to indemnify, defend and hold harmless AloTel and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Services, your breach of the Terms of Service or your violation of any rights of another person or entity.
5.4 Applicable Law and Competent Court
The Terms of Service shall be governed by and construed in accordance with the laws of United States of America without giving effect to the conflict of laws or provisions of United States of America or your actual state or country of residence. Any dispute, controversy or claim arising out of or otherwise relating to the Terms of Service, your relationship with AloTel, including any non-contractual obligations, shall be exclusively subject to the jurisdiction of and be settled by a Swedish court of general jurisdiction, where the District Court of Delaware, AloTel shall be entitled to bring actions for injunctive relief in any court of competent jurisdiction.
5.5 Entire Agreement
The Terms of Service represent the entire agreement between you and AloTel relating to the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Service or any other subject matter covered by the Terms of Service. For the avoidance of doubt, the aforesaid shall only apply to our relationship with you relating to your AloTel Account, i.e. to you as being a customer of Avion UAV inc. For the purpose of clarification, the Terms of Service supersede all promises made to you by our client services agents, representatives or employees. The Terms of Service may not be modified or amended except as described herein by AloTel or otherwise with the written agreement of AloTel.
If a court finds any provision of the Terms of Service to be invalid or unenforceable for any reason, the remainder of the Terms of Service shall continue in full force and effect.
If we fail to insist that you perform any of your obligations under the Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
5.6 Headings
Headings used in the Terms of Service are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
5.7 Translations of the Terms of Service
The official version of the Terms of Service is in the English language. Any translations are provided merely for the convenience of the customers and shall not be legally binding. In the event of any conflict between the English language version and any translations, the English version shall prevail.
5.8 Ability to Contract
You hereby affirm that you are fully able and competent to enter into the Terms and Conditions, and to abide by and comply with the Terms and Conditions.
5.9 Force Majeure
You acknowledge and agree that if AloTel is unable to provide the Services as a result of a force majeure event, AloTel will not be in breach of any of its obligations towards you under the Terms of Service or otherwise. A force majeure event means any event beyond the reasonable control of AloTel.
5.10 Communications Between Us
If these Terms of Service require you to provide notification to us in writing, such notice shall be sent to our Customer Service by email: support@alotel.app AloTel may, when sending any notices to you, use the email address registered with your AloTel Account or otherwise provided to us in your contacts with us. Furthermore, you agree to the use of electronic communication in order to enter into agreements, place purchase orders and create records and provide, terms and conditions, policies and changes thereto.