Our Commitment To Privacy
Privacy has become an important topic over the past years. Considering the number of breaches that have been found recently, it is important for you to know what we are doing with your data. Our intention at Vodia is to generate revenues through our products and services, and not make money with your data. This notice explains our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and refer to it at every point where personally identifiable information may be requested.
The Information We Collect
This notice applies to all information collected or submitted on the Vodia Network website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are: Your name, address, email address, password for your account, name of your company, phone number, your language, your IP address, your purchases from us.
Depending on the software that you use from us, we collect information about the identity of the server that you are using, such as MAC addresses and IP addresses, operating system type, firmware versions, or hard disk serial numbers. We need that information to make sure that licenses are used only for their intended purposes. For some license types, we also collect information about the number of extensions, ACD, hunt groups and other accounts, so that we can generated metered invoices.
Credit card information is stored by an external payment gateway provider (authorize.net). When you enter credit card information on our web site, we don't store that information on our servers; instead we pass it through to the gateway. If we are processing recurring payments, we store the reference number to the gateway.
Billing information is stored by another external provider (Freshbooks). There we store data associated with your account, such as addresses and purchases that you have made, open amounts, credits, currencies, payment terms, usage data, and other billing related information.
For our customer relationship management, we are using salesforce.com. There we store information about you, like addresses, phone numbers, names, and about activities like when we have contacted you, what kind of projects your may be working on.
If you participate in our forum, we store your email address and login password along with your private and public messages. The private messages are used only within Vodia; the public contributions are available to the public Internet.
Out email communications contains a lot of unstructured information. The information that we collect there is what you provide to us. We store this information on an external platform and depending on the email client that our emoployees are using, possibly also on the local hard drive of the used computer.
The Way We Use Information
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
We use email addresses that you register on Vodia websites for updates on our new products and services; however we do not share this information to third parties except when using mail hosting companies to deliver the information.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
As indicated above, we are using well-recognized outside providers to store data that contains information about you. This helps us reduce our operational costs, but it also helps to set high standards for the security of the data stored there.
For all sensitive information, we are using encrypted commnication when ever possible and reasonable. For example, on our website you should see in the browser a symbol that tells you that all information is sent in a secure way.
Our Commitment To Children's Privacy
We never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How You Can Access Or Correct Your Information
You can access your personally identifiable information that we collect online and maintain by signing in and navigating to the Account page on our web site. We use this procedure to better safeguard your information.
On our invoicing platform, you can make corrections through your online account there.
You can update or delete credit card information that you have stored through our web site from that same location or ask us to update or delete that information for you.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please send us an email at privacy in the domain vodia.com.
Unlike physical goods, electronically distributed software and software licenses can be duplicated. Once a license has been issued, it is unfortunately not possible for us to recall all copies. Therefore, Vodia cannot accept product returns or exchanges.
Vodia Networks offers trial versions of its software for customers to have adequate opportunity to assess the value of products prior to purchase.
We do not offer refunds on software where the activation code has already been used to activate a product.
Please read this software license agreement ("License") carefully before using the Vodia PBX Software. By clicking the "Accept" button, you agree to be bound to the terms of this License. If you do not agree to the terms of this License, please do not use the Software.
1. License Grant
Upon your payment of the full price and acceptance of this EULA, Vodia Networks Inc. ("VODIA") grants you (the "Customer" or "User") a non-exclusive and non-transferable license to use the Vodia PBX Software in binary or installed form on a device owned or leased by the Customer.
VODIA may, at its discretion, make available software updates for the Vodia PBX product. Updates, if any, may not necessarily include all existing software features, be fully backward compatible or include all new features that VODIA releases for newer versions of the Vodia PBX Software.
3. Permitted License Uses and Restrictions
3.1. Performance of the Software
The number of extensions, trunks, concurrent calls and other aspects of the software that can be used with the License are determined by the features that you have purchased for the Software. However, VODIA cannot and does not guarantee you that the performance of the underlying hardware or any other critical component will be sufficient to maintain the service.
Also, VODIA cannot and does not guarantee that the Software will work flawlessly in every situation, including emergency situations. You are responsible for making the provisions to fulfill the requirements on emergency telephone calls on your own.
3.2. Evaluation Software License
VODIA grants you an "Evaluation License" for the Vodia PBX Software, free of charge for non-commercial evaluation purposes only, and limited in its functionality (Vodia PBX free). VODIA shall in no event be liable to provide you product support or configuration assistance for the evaluation software. In the event that you are found to be using the Vodia PBX evaluation software for commercial purposes without prior consent from VODIA, you may be subject to prosecution and damages.
3.3. License Association With Server
Vodia PBX Licenses purchased from VODIA allow you to install and use a single copy of the Vodia PBX Software on the server for which the license has been granted. The license granted for one server will be bound to that server only and shall not be used on a different server. In order to allow continuation of service in the case that hardware fails, you may one (1) time move your Vodia PBX telephone system to a different server if the original server is not in operation any more. If you wish to maintain multiple Vodia PBX servers (for redundancy or backup purposes or for multiple services), you are required to purchase a separate license for each additional server.
3.4. Vodia PBX Software Hosting
You will not rent, lease, lend, sublicense, redistribute or otherwise allow third parties to use the Software directly or indirectly, whether on a time sharing, remote job entry, or service bureau arrangement or to provide commercial hosting services to third parties. If you intent to do so, you must enter a different license agreement with VODIA which is available upon request.
3.5. Not For Resale (NFR) License
VODIA may provide partners "Not For Resale Licenses" at no cost. These licenses are granted with the intention to provide partners the ability to demonstrate the product to potential customers; however the license may not be sold or otherwise transferred to any other party. The rules for the Evaluation Software License apply to the NFR License as well.
3.6. Data Usage
VODIA grants you the right to make copies of the Vodia PBX configuration and related data for backup and/or device provisioning purposes only; provided that the backup copy must include all copyright and/or other proprietary notices contained in the original.
You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code/license of, modify, or create derivative works of the Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of VODIA and its licensors of the Software. If you breach this restriction, you may be subject to prosecution and damages.
4. Software Updates and Upgrades
VODIA may at its own digression provide new software from time to time at no cost in order to correct known issues or to enhance the feature set of the Software ("Software Updates").
VODIA may as well at its own digression provide new software as "Software Upgrade". Such Software Upgrades may not be free and have to be purchased separately. In this case, the Customer might have to enter a new license agreement with VODIA. Customers may enter a separate agreement with VODIA to get Software Upgrades at a predefined cost.
5. Transfer of License
You may not transfer this License to another party, except in the case of the transfer of ownership of your Vodia PBX system, if (a) the transfer includes your server hardware and all of the Vodia PBX Software and this License, (b) you do not retain any copies of the Vodia PBX Software and Licenses, full or partial and (c) the party receiving the Vodia PBX system reads and agrees to accept the terms and conditions of this License.
6. Consent to Use of Data
You agree that VODIA may collect and use technical and related information, including but not limited to technical information about your Vodia PBX telephone system, license status, software versions, and connected peripherals, that is gathered periodically to facilitate the provisioning of software updates, product support and other services to you (if any) related to the Software. VODIA agrees to keep all collected data private and use this information for non-commercial purposes only, solely with the intent of improving its products or to provide services or technologies to you.
The Software offers the possibility to change the texts in the various offered languages by you. If you decide to make changes to texts in the product from its web interface, you agree that those changes are stored in a VODIA database. VODIA has the right to use those changes in future versions of the Software and potentially other products for you and for other users of the Software. VODIA reserves the right to review changes and accept or reject them.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from VODIA if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software and any associated Software licenses.
8. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS 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 SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VODIA AND VODIA's LICENSORS (COLLECTIVELY REFERRED TO AS "VODIA" IN THIS AND THE FOLLOWING PARAGRAPH) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VODIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VODIA OR A VODIA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VODIA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VODIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VODIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED WHAT CUSTOMER HAS PAID FOR THE LICENSE OR THE AMOUNT OF FIVE HUNDRED US DOLLARS (WHATEVER IS LOWER). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING THE FOREGOING, VODIA BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF EVALUATION SOFTWARE, ANY SOFTWARE MADE AVAILABLE FOR TESTING OR DEMONSTRATION PURPOSES OR ANY TEMPORARY SOFTWARE MODULES.
10. Export Control
You may not use or otherwise export or re-export the Software and its associated licenses except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software and its associated licenses may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not Software or any part of it for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
11. Government End Users
The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
12. Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, as applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary and the remainder of this License shall continue in full force and effect.
13. No Assignment
This License is personal to you, and you may not assign all or any rights or obligations hereunder (by operation of law or otherwise) without express written consent of VODIA, at its sole discretion. Any assignment in violation of the foregoing shall be void and without effect. This License shall be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties hereto.
14. Complete Agreement; Governing Language
This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by VODIA.
Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.