Welcome Welcome

This agreement presents the terms and conditions of use for the Croo platform and Croo Talk Service.

Depending on your location, your contract will be concluded with one or other of these companies:

Customers operating in the United States and any other country except Canada:

Croo Inc, 6 Liberty Square, 434, Boston, MA 02109

Henceforth called Croo

Operating customers from Canada:

Foneco Services Inc, 33 Prince Street 310, Montreal, QC H3C 2M7

Henceforth called Croo

THERE ARE IMPORTANT 911 TERMS, CONDITIONS AND LIMITATIONS RELATED TO THE CROO VOIP SERVICE SET FORTH IN SECTION 8 OF THIS AGREEMENT. BY SUBSCRIBING FOR THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS, CONDITIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT INCLUDING THOSE RELATING TO 911.

When dialing emergency (911) calls using one of Croo’s mobile applications, depending on the type of device used the Service will automatically route those calls via your cellular provider. If your device does not support this function the Service will attempt to dial the emergency number over Wi-Fi or 3G/4G if available.

Important: All voice communications and other communications using Croo mobile applications will be carried over Wi-Fi or 3G/4G when this option is enabled. Data communications sent over 3G/4G may be subject to carrier charges depending on your plan and customer agreement with your carrier. The Service is for commercial and normal business use only. Croo reserves the right to suspend the Service for unreasonable use at its own discretion

This agreement (“Agreement”) for Voice and/or Fax over Internet Protocol (VoIP/FoIP) related Services is between Croo, Inc., a Canadian corporation (“we”, “us” or “Croo”) and the user (“you”, “user” or “Customer”) of Croo’s Service.

01 Definitions

02 Preamble

03 Term

The Service is offered on a monthly basis for a term that begins on the earlier of the date you activate your account online or 10 days after the date your account was created (herein referred to as the “Anniversary Date”) and ends on the day before the same date in the following month. This Agreement will automatically renew on a monthly basis, at Croo’s then-current rates and terms, without further action by you unless you provide Croo with written notice of non-renewal not less than ten [10] days prior to the end of the monthly term in which the notice is given. You agree that you are purchasing the Service for full monthly terms, meaning that if you terminate the Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee (where applicable), all of which will be immediately due and payable. Upon expiry of the term or termination of the Service, you remain responsible for paying all unpaid and accrued charges due.

04 User Requirements

05 Use Of Service

The number of simultaneous calls possible with a SIP Trunking Service Plan is equal to the number of lines subscribed to with that plan.

For the Business Service Plan, the number of simultaneous calls that can be made by anyone or more extensions to numbers other than extensions on the same account is equal to five plus the number of extensions subscribed to in that account. The number of simultaneous calls that one extension can make to other extensions on the same account is five.

For the Electronic Fax Service, the number of simultaneous fax calls is limited to ten.

You agree that your use of the Service to make more simultaneous calls than allowed per Service plan will obligate you to pay Croo for additional Service plans or lines, in the case of the SIP Trunking Service Plan, and that you will be held accountable for all periods, including past periods, in which you made excess simultaneous calls.

06 Use Policy and Prohibitions:

07 Service Limitations

Further, Croo reserves the right, at its sole discretion, to limit or terminate your ability to access the Service from selected countries

08 Emergency Services – 911 Dialing

Nomadic VoIP Service

Croo’s 911 Service

09 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software

The Service and all Service information, documents, software, Device, firmware, and materials on Croo’s web site(s), as well as all of the following (whether registered or unregistered): names, logos, trademarks, trade names, service works, copyrights, patents and other intellectual property (the “Croo Property”) are the exclusive property of Croo or its licensors and are protected by intellectual property laws and international treaty provisions. You acknowledge that: (a) you will not contest the ownership of the Croo Property; (b) you are not given any license to use the firmware or software used to provide the Service or provided to the Customer in conjunction with providing the Service, or embedded in the Device, other than a non-transferable, non-assignable, automatically revocable license to use the Croo Property (without making any modification thereto) provided to the Customer or otherwise made accessible to the Customer strictly in accordance with the terms and conditions of this Agreement. If you decide to use the Service through an interface device not provided by Croo, which Croo reserves the right to prohibit in particular cases or generally at any time, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Croo, the employees, officers, directors, shareholders, affiliates and third party service providers against any and all liability arising out of your use of such interface device with the Service. You furthermore agree that your use of an interface device may, in Croo’s sole discretion, disqualify you from the benefits of Croo’s offer of a Money-Back Guarantee and any other indemnification permitted to you under law or this Agreement.

10 Charges / Payments / Default / Taxes

11 Device Returns and Replacements

12 Termination / Discontinuance of Service

13 Warranty, Limitations of Liability And Indemnification

13.6 Maximum Liability: Notwithstanding anything to the contrary in this Agreement, Croo’s maximum and sole liability for damages to you for any cause whatsoever regardless of form of action, including negligence, shall not exceed an amount equal to the Service charges paid by you for the Service during the one (1) month period preceding the event which caused the damages or injury

14 Governing Law / Resolution Of Disputes

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