Terms of use

By using any Vyke prepaid calling solutions and services, you agree to the following Terms of Service.

Vyke calling solution and the services that come with each are the products of Vyke AS, headquartered in Arbins Gate 11, N-0557 Oslo, Norway. Below are the terms and conditions for all of Vyke's calling solutions. Please read them carefully.

You agree to provide, or you acknowledge that you have provided, true and correct information about yourself in the Vyke.com customer registration form when registering for a calling solution of any kind.
You agree not to use any Vyke.com services, prepaid calling solution for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe upon the intellectual property or other rights of another.
You agree not to use any Vyke.com calling solution and services for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of messages or calls in any fashion or form or use any Vyke.com calling solution and services to collect or harvest personal information about other users.
You agree that Vyke.com may in its sole discretion terminate your calling solution account if it believes you have in any way violated the Terms of Use and Privacy Statements.
You agree that Vyke may in its sole discretion report you to any local, state or federal authority or agency if you violate any of the Terms of Use and Privacy Statement of Service.
You agree that Vyke may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if you violate any of the Terms of Use and Privacy Statements of Service.
Please report any violations of the Terms of Service or concerns with our calling solution service to support@vyke.com

You agree that all SALES ARE FINAL. There are no refunds unless there is an extended system wide outage of Service encompassing all of the following: local access, toll-free access, domestic termination, and international termination, or other system failures as determined by Vyke at its sole discretion.

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE FOR THE USE OF CALLING SOLUTIONS

The Vyke.com services, calling solutions are owned by Vyke AS. They are provided to you ("User") under the terms and conditions of this Terms of Use and Privacy Statements and any amendments thereto as may be posted to this website from time to time. Any operating rules or policies for any type of calling solution or service may be published from time to time by Vyke AS on Vyke.com. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "Confirm" BUTTON, YOU ARE AGREEING TO THE TERMS AND CONDITIONS AND PRIVACY STATEMENT SET FORTH.

DESCRIPTION OF SERVICES

Vyke.com Services provide the User with the capability to send and receive electronic messages, voice messages, make long distance or international phone calls.

To Use the Vyke.com Services, User must:

provide for User's own access to the World Wide Web and pay any service fees associated with such access, and
provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem. User acknowledges and understands that Vyke.com provides no assistance, including any technical or customer support, to the User, and that your use of the Service is of your own volition.

USER'S REGISTRATION OBLIGATIONS

In consideration of use of the Vyke.com Services, User agrees:

To provide true, accurate, current and complete information about User as prompted by the Customer Registration form, and
To maintain and update this information to keep it true, accurate, current and complete. Information about a User shall be referred to as "User Data." If any information provided by User is untrue, inaccurate, not current or incomplete, Vyke.com has the right to terminate User's account and refuse any and all current or future use of the Vyke.com Service by user.
To be solely responsible for any and all charges incurred by customer due to customer's use of a local access number.
To be solely responsible for any and all charges incurred by customer due to customer's use of any wireless device including, but not limited to, a cellular phone.
To be solely responsible for all billing transactions. Billing transactions encompass sign-up transactions (purchases at the time of sign-up), purchase transactions (purchases that are not auto-recharge transactions which are made after sign-up) and auto-recharge transactions (purchases that are automatically made via Vyke's auto-recharge feature; this is additionally addressed below). Customer can pay for all such transactions via a credit card and/or debit card as specified on the purchasing page of Vyke.com.
To be solely responsible for all auto-recharge billing transactions. The auto-recharge option offers a convenient way to make sure you always have a minimum balance in your Vyke.com account. With it you can place phone calls at any time without having to recharge your card manually. Therefore, if you sign up for a Vyke.com account after the automatic recharge feature becomes available, said automatic recharge feature will be activated by default. This means that when your account balance runs below $5.00, our system will automatically recharge your account credit card. An auto-recharge transaction will always be at least $20. If the account balance at the time of the auto-recharge transaction is negative (or less than $0.00), the total amount of the auto-recharge will be the sum of the amount needed to completely offset the negative account balance, plus $20.00 (Example: A customer's account balance is -$6.00. The auto-recharge amount will be $26.00.) You will receive a confirmation via email every time there is a completed auto-recharge transaction. YOU CAN ALWAYS TURN OFF THIS FEATURE BY SIMPLY UNCHECKING THE AUTO-RECHARGE BOX UPON INITIAL SIGN UP, OR YOU MAY (I) LOG-IN TO YOUR VYKE.COM USER ACCOUNT AND DESELECT THIS FEATURE (II) EMAIL OR CALL A VYKE CUSTOMER SERVICE REPRESENTATIVE TO CANCEL THIS FEATURE SETTING AT ANYTIME.

USE OF USER DATA

Vyke.com may disclose User Data to carefully screened companies that may offer User products and services. Vyke.com will not disclose billing information or account access information except as authorized by User or User's representative or as required by law or legal process, or as set forth in Paragraph VI below. If you prefer not to receive any offers of information, please inform support@vyke.com

MODIFICATION OF TERMS OF SERVICE

Vyke AS may change these Terms of Service from time to time at its sole discretion. Any modification to the Terms of Service shall be deemed effective as of their posting on the Vyke.com website. User expressly agrees to be bound by any modified Terms and Conditions as contemplated herein.

PRIVACY POLICY

Vyke.com considers any and all messages transmitted via the Vyke.com services to be private communication between the User and the recipient. Vyke.com will not monitor, edit or disclose the content of a User's private communications, except that User agrees Vyke.com may do so:

as required by law;
to comply with legal process;
is necessary to enforce this license;
to respond to claims that the communicator violated the rights of third-parties; or
to protect the rights or property of Vyke.com or others.

User acknowledges, understands and agrees that Vyke may in its sole discretion report User to any local, state or federal authority or agency if User violates any of the Terms of Use and Privacy Statement of Service.

User acknowledges, understands and agrees that Vyke may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if User violates any of the Terms of Use and Privacy Statements of Service.

User acknowledges, understands and agrees that Vyke.com does not endorse the content of any User communications and Vyke.com is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

User will receive a password and account designation upon completing the customer registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's password or account. All Vyke accounts have a 6-month expiration period. This expiration date will be extended for another 6 month period for each successful recharge so that the actual expiration date will always be six months from the date of the most recent successful recharge. User agrees to immediately notify Vyke.com at support@vyke.com of any unauthorized use of User's password or account or any other breach of security. Under the Fair Credit Billing Act, the User's bank cannot hold User liable for more than $50 of fraudulent charges. If User's bank does hold User liable for any amount up to $50, Vyke.com will cover the liability up to $50, provided unauthorized use of User's credit card results from the use of Vyke.com services while using the secure server and not due to any negligence or intentional wrongdoing by User whereupon User shall be personally liable for such loss. In the event of unauthorized use of User's credit card, User must notify credit card provider immediately. For more information about the Fair Credit Billing Act, contact the Bureau of Consumer Protection or the Federal Trade Commission."

All SALES ARE FINAL. There are no refunds unless there is an extended system wide outage of Service encompassing all of the following: local access, toll-free access, domestic termination, and international termination, or other system failures as determined by Vyke AS at its sole discretion.

MEMBER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Vyke products and services, and agrees not to interfere with the use and enjoyment of the Vyke services by any other user or users. User agrees to be solely responsible for the contents of User's transmissions through the Vyke services.

User agrees:

to not use the Vyke.com Services for illegal purposes;
to not interfere with or disrupt any Vyke.com services or servers or network connected to the Vyke.com Services;
to comply with all requirements, procedures, policies and regulations of networks connected to the Vyke.com Service;
to comply with all applicable laws regarding the transmission of data exported from the United States. User agrees not to transmit through the Vyke services any unlawful, harassing libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another; not limited to the intellectual property rights of another;
to not transmit any material that violates any applicable local, state, national, or international law or regulation;
to not attempt to gain unauthorized access to other computer systems or networks connected to the Vyke services;
to not impersonate or create a false identity of any person, including but not limited to, a Vyke.com official, forum leader, guide or host; and
to not transmit "junk mail," "spam", "chain letters", or unsolicited mass distribution of commercial messages.

EMERGENCY SERVICES

YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND THAT NEITHER VYKE, VYKE.COM NOR ANY OF THIER AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS. ADDITIONALLY, YOU EXPRESSLY ACKNOWLEDGE THAT THE SOFTWARE AND/OR SERVICES WILL CEASE TO FUNCTION DURING A POWER FAILURE AND/OR DISRUPTION TO YOUR INTERNET CONNECTION. YOU WILL NOT BE ABLE TO USE THE SOFTWARE NOR SERVICES TO DIAL ANY PHONE NUMBER INCLUDING EMERGENCY SERVICES. VYKE STRONGLY RECOMMENDS THAT YOU MAINTAIN A CONVENTIONAL FIXED LINE TELEPHONY SUBSCRIPTION TO ASSURE THAT YOU HAVE CONTINUAL ACCESS TO EMERGENCY SERVICES.

UNSOLICITED COMMERCIAL EMAIL

Users signing up for Vyke.com promotion agree to refer five friends and family members to the same promotional offer. The referrals will receive an unsolicited commercial email indicating that the specific user has referred them. Referrals that do not sign up with Vyke.com will not receive regular newsletters of upcoming promotions and new product information.

INDEMNITY

User hereby agrees to indemnify and hold Vyke AS, and its subsidiaries, affiliates, officers, and employees, harmless from any claim or demands, including reasonable attorney's fee, made by any third party because of or arising out of User's use of the Vyke service, User's connection to the Vyke services, User's violation of this license, or User's violation of any right of another.

NO RESALE OF SERVICE

User agrees not to resell the Vyke services or use of or access to the Vyke service unless otherwise permitted by Vyke AS. Any person or entity that resells any products and services owned by Vyke AS with out the permission of Vyke AS may be subject to civil and/or criminal penalty as prescribed by law.

TERMINATION

User agrees that Vyke AS may terminate User's password, account or use of the Vyke services if Vyke AS believes that User has violated or acted inconsistently with the letter or spirit of this license or that User has violated the rights of Vyke AS or other users or parties.

DEALING WITH ADVERTISERS

User's correspondence with or participation in any promotion of advertisers found on the Vyke service, including payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between User and such advertiser. User agrees not hold Vyke AS liable for any loss or damage of any kind incurred as the result of any such dealing with any advertisers or as the result of the presence of such advertisers on the Vyke Service.

LINKS

PROPRIETARY RIGHTS

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material of the Vyke services or that contained in sponsor advertisements or information presented to User through the Vyke service or advertisers is protected by copyrights, Trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Vyke AS, Vyke.com or the respective advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization.

User expressly agrees that all intellectual property rights in the Vyke Services, the Vyke.com website, any and/or all underlying systems, support platforms, ideas, business models and/or any other like or unlike items associated with the Vyke Services shall inure to the sole benefit of Vyke AS. User further agrees that he/she shall not reverse engineer, decompile and/or otherwise attempt to learn the underlying ideas, algorithms and/or any other such proprietary ideas, concepts, content and/or property nor shall User cause or permit any other Party to do same.

DISCLAIMER OF WARRANTIES

User expressly agrees that use of the Vyke services and the product is at member's sole risk. The Vyke services and product are provided on an "AS IS" and "AS AVAILABLE" basis.

Vyke AS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Vyke AS makes no warranty that the Vyke service or product will meet User's requirements, that the Vyke service will be uninterrupted, timely, secure, or error free; nor does Vyke AS make any warranty as to the results that may be obtained from the use of the Vyke services or as to the accuracy or reliability of any information obtained through the Vyke services or that defects in the Vyke products will be corrected. Neither Vyke AS nor any of Vyke's information providers implied any warranties concerning the accuracy, currentness or reliability of the messages received or requested via the Vyke services or any of the information, material or content contained therein (the "material").

User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of or from the Vyke services is done at the User's own discretion and risk and that User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data. Vyke AS makes no warranty and shall not be liable for any goods, services, information or other material displayed, purchased or obtained through or from the Vyke service or any transaction entered into through the service. Vyke AS shall not be liable for any delays, omissions or errors in the material and shall not be liable for any reliance thereon. No advice or information, whether oral or written, obtained by User from Vyke AS or through or from the Vyke services shall create any warranty not expressly stated herein. Some jurisdictions no not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

User agrees that Vyke AS shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Vyke services or the Vyke products or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the Vyke services or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Vyke AS has been advised of the possibility of such damages. User further agrees that Vyke AS shall not be liable for any damages arising from interruption, suspension or termination of Vyke services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Vyke AS expressly disclaims any and/or all liability for inbound mobile phone roaming charges, mobile data charges and/or other like or unlike third party charges related to the use of Vyke Mobile, Vyke Web Calling, Vyke SMS Calling, Vyke Callback and/or any other Vyke service from a mobile phone while it is roaming.

CHANGES IN THIS LICENSE

Vyke AS expressly reserves the right to change the terms of the license without notification.

SPECIAL ADMONITION FOR MESSAGES RELATING TO FINANCIAL NEWS.

If User intends to receive or request any news, messages, alerts or other information from the Vyke service concerning companies, stock quotes, investments, securities, or other financial information, read the above Sections XV and XVI again. They especially apply to you! In addition, particularly for this type of information, the watchword should be "Let the investor beware." The content and material contained in messages of any kind from the Vyke services are provided for informational purposes only, and are not intended for trading purposes. User expressly agrees that Vyke AS shall not be responsible for the content or accuracy of any information transmitted via Vyke services, and shall not be responsible for any trading or investment decisions made based on such information.

NOTICE

Any notice to User or to the Vyke services, to the extent that Vyke AS determines in its sole discretion that such notice be disseminated, shall be made via voice mail, mobile messaging and/or electronic mail. The services may also provide notices of changes to Vyke.com or other matters by displaying notices to Users generally on the Vyke services.

GENERAL

Vyke AS, Vyke.com and the relationship between User and Vyke.com shall be governed by the laws of the Kingdom of Norway without regard to its conflict of law provisions. User and Vyke AS agree to submit to the personal and exclusive jurisdiction of the courts located within Norway. The failure of Vyke AS to exercise or enforce any right or provision of this license shall not constitute a waiver of such right or provision. If any provision of this license is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this license remain in full force and effect. User agrees that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to use of the Vyke services or this license must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in this license are for convenience only and have no legal or contractual effect.

CHANGES IN TERMS

ANY AND ALL TERMS HEREIN, INCLUDING WITHOUT LIMITATION, CALLING RATES, CAN BE CHANGED OR OTHERWISE MODIFIED BY VYKE AS WITHOUT ANY NOTICE WHATSOEVER.

EXPIRATION POLICY

Your Account will expire six (6) months from the date of your last successful Account charge (or recharge). You may, therefore, extend the expiration period by simply recharging your account prior to the expiration of this six (6) month period. You expressly agree that your Vyke Account and your Vyke PIN (representing the amount of prepaid service you have purchased at any given time) are separate and distinct entities and that your PIN value may expire prior to the expiry of your Vyke Account. Vyke AS reserves the right to modify its PIN expiry policy at any time without notice. Vyke AS has the sole discretion to determine whether to grant any other extension request. All extensions will be confirmed via e-mail. Vyke AS is not obligated to refund any remaining balance left in your Account as of the date it expires. Vyke AS further reserves the right to deactivate your account and remove all other features and services if the account balance remains zero or negative for a period of thirty (30) days or more.

Thank you for using Vyke.com.