» Terms and Conditions

Terms and Conditions of Use / PEUA (Pingo End User Agreement)

Pingo® Service Terms and Conditions of Use

Pingo® Service

Pingo® is a service of iBasis, Inc., a leading international voice carrier and provider of value-added services for mobile operators (“iBasis”). At iBasis we strive to provide the highest quality international calling service at attractive rates. If you would like to learn more about iBasis please feel free to peruse our corporate web site at www.ibasis.com. For the purposes of this document, all references to Pingo® apply to iBasis, Inc.

By (i) clicking accept in the sign-up flow on the website www.pingo.com (the “Pingo Website”), (ii) downloading a Pingo application to your mobile device (a “Pingo App”), or (iii) otherwise using the Service as described below, or on the Pingo Website or in the Pingo App, the user (or "You") accept/s the rates, terms, and conditions ("Terms") identified on this page as such Terms are updated prospectively from time to time our discretion. In addition, by downloading the Pingo App from Appstore or Google Play you agree to be bound by the applicable terms of the license of Apple, Inc. and Google Inc. You also agree to the terms and conditions of the Pingo®® Privacy and Security Statement located on the Pingo®.com website (www.pingo.com/en/privacy.do) ("Pingo® Privacy Policy"). You should periodically check the Pingo Website for any changes to the Terms or Pingo®® Privacy Policy which will be posted with the new effective date. You understand and agree that Your express acceptance of the updated Terms, or if You continue to use the Service after the effective date, shall constitute Your agreement to the updated Terms.

If You are a Pingo® Business Customer, You accept the rates, terms and conditions on behalf of yourself and all users assigned to your sub-accounts and You represent that You have the authority to bind all such users to these Terms. You also accept any and all liability associated with your sub-account user's actions, including but not limited to all payment obligations.

The Pingo prepaid calling service, as further described on the Pingo Website or in the Pingo App, and all other services, products, features, functionalities and/or interactions as set forth in these Terms or presented to You on the Pingo Website or otherwise made available to you by Pingo from time-to-time, as well as the Pingo App and the Pingo Website, is collectively referred to as the “Service.” The term Service 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 iBasis or You in relation to the use of the Pingo App or the Pingo Website or otherwise provided in relation to the provision of the Service (the “Software”).

Customers in the U.S. and Canada can call 1-888-878-8838 (for UK, please call 0800.358.1405) between 10:00AM ET and 12:00AM (midnight) ET, seven (7) days a week except national US holidays, to contact customer service, to report a problem, and to inquire about international rates, charges, access numbers, and country codes. You may also Email customer service at


Rates and Limitations:

  • Rates vary and are subject to change without advance notice.

  • Pingo® is not intended for emergency call (911), for fax transmissions, for intrastate dialing in the U.S., to place 500, 700, 800, 888, 877, 866, 855, 844, 900, 976, 611, 511, 411, 311, 211 or 555 number calls, to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls, and we are not liable in any manner for such calls.

  • Local Access service is not available for calls placed from Alaska; Toll Free access is available from Alaska and will incur a Toll Free surcharge of USD 0.01 per minute surcharge in addition to the published rate per minute for destination called.

  • Pingo® is not available for calls placed from any of the United States Territories including Guam, American Samoa, Puerto Rico and US Virgin Islands; Toll Free access is available from these territories and will incur a Toll Free surcharge of USD 0.01/per minute surcharge in addition to the published rate per minute for destination called.

  • Pingo® reserves the right to block calls to various countries and/or routes that have a demonstrated pattern of fraud or for other reasons to safeguard Pingo® users and it network.

  • Pingo® may not be able to complete calls to certain “special services” or “premium” numbers in all countries due to fraud concerns

  • Calls made from pay telephones and certain other public phones in the United States are assessed an additional USD 0.65 per call. Please refer to our web site for pay telephone charges for calls made from outside the United States

  • Calls made in the United States using the toll free access number will incur an additional charge of USD 0.01/per minute surcharge. Please refer to our website for charges related to toll free access number calls made from outside the United States. Also, hotels and other facilities may apply additional charges for calls made using their phones. These charges are billed directly by the hotel and are not related to Pingo® service. Please check with Your accommodations regarding these additional charges and for service availability.

  • Calling plan renewal fees will be deducted from Your account if You have opted to have Your calling plan auto-renew monthly. Please refer to the specific monthly calling plan fees on the Pingo®.com website

  • Calls are billed in increments of one minute, with fractions thereof rounded up to nearest whole minute.



Pingo Calling Plans



General Information

Pingo® Calling Plans are individual products with unique rates and fees. Four (4) Calling Plans are available to existing and new Pingo® customers: Pingo® Premium, Pingo® Platinum, Pingo® Diamond and Pingo® Mega.


As of August 26, 2013, all existing Pingo® accounts were converted to the Pingo® Platinum Plan (f.k.a. Pingo® Classic). All existing Pingo® Administration and Sub-Accounts will be converted to Pingo® Platinum Plan and can only reside on Pingo® Platinum calling plan.



Currency

We will make every attempt to support commonly used, Non-United States Dollar (USD) foreign currencies (i.e. CAD, EUR and GBP) accounts, which are only available on the Pingo® Platinum Calling Plan.

  • You will not be able to change Your billing currency once You have enrolled and associated an account number with a specific calling Plan.

  • You may contact customer service for assistance in establishing a new account with a different billing currency, which will require the closure of the existing account and establishing a new account in a new billing currency.

  • Pingo® Mega, Pingo® Diamond and Pingo® Premium can only be used with United States Dollar (USD) as a billing currency at this time.

  • All charges for Plan enrollment fees, recharges and call usage will be billed in the currency selected at time of initial signup or in use at date of conversion.

  • All billing currencies' unique exchange rates will be benchmarked against the USD on a regular basis as set forth on www.oanda.com.


Certain rules and restrictions apply with the different credit card providers (AMEX, Visa, MasterCard) regarding foreign currencies, and we reserve the right to discontinue support of a specific foreign currency. Accounts in foreign current may be converted them to USD accounts. You will be notified in advance of any changes that are made to Your account, before any change is made.

Pingo® will refund You any unused portion of Your balance, less promotional amounts. Refunds will use the payment method on file that originated the transactions, or via PayPal, or by live check mailed to Your address of record.


Plan Enrollment and Auto-Renewal

By enrolling in a Pingo® Mega, Pingo® Diamond or Pingo® Platinum, You are agreeing to have the monthly Plan Fee deducted from Your initial signup balance and at the stated renewal date of the respective Plan, provided there are sufficient funds available to enable the Plan to auto-renew. Plans will auto-renew by default unless You select to have Your Plan manually renewed either at signup or by initiating changes in the Members Area section of the Pingo® website.

Plans that are set to auto-renew will extend the Plan Validity (see section below titled "Plan Validity" for additional details) period for thirty (30) days and deduct the requisite Plan fee from Your account. If insufficient funds are available on the auto-renewal anniversary date, Your account will be converted to Pingo® Premium and any applicable services charges due may be imposed.

Customers enrolled in Pingo® Platinum with foreign currency billing may disable the auto-renewal and auto-recharge features, however the foreign billing currency cannot be changed. The only way to remedy this is to contact Customer Service which will require You to close Your existing account in foreign billing currency and reopen a new account with United States Dollar as the billing currency.

Plans that are not set to auto-renew will be converted to Pingo® Platinum on the Plan Validity expiration date (see section below titled "Plan Validity" for additional details).

Pingo® will send an email notification when there are seven (7) days of validity remaining on Your Premium Calling Plan and an email notification on the date Your calling plan is converted.

If You choose not to renew Your Pingo® Diamond, Mega or Premium calling plan or if the there are insufficient funds available to cover the respective Plan Enrollment Fee at the end of the Validity period, then Your account will be converted to Pingo® Platinum. We will collect the monthly plan enrollment fee from any available balance and Your account will remain active on the Pingo® Platinum Calling Plan until closed.

Pingo® Platinum Calling Plan has a monthly Plan Enrollment Fee of USD 0.98 per month.


Administrator and Sub-Accounts

Pingo® Platinum is the only Calling Plan available for Administrator and associated Sub-Accounts. To create Administrator and Sub-Accounts, You must contact Customer Service for assistance.


Plan Fees

Depending on the Pingo® Calling Plan selected, a monthly Plan enrollment fee will be deducted from Your account. This fee is deducted from Your balance on the day You sign up for a Pingo® Calling Plan and is thereafter assessed against Your balance every 30 days from the date of Plan enrollment or on the day You choose a new calling plan.

Plan Enrollment fees are not pro-rated if You make a change to Your calling plan while enrolled in another calling plan. The various Plan enrollment fees and the associated calling rates available depend on the Plan You select. As of August 26, 2013, the monthly Plan enrollment fees are as follows:

  • Pingo® Premium Plan: No Enrollment Fee/month USD, CAD, EUR and GBP

  • Pingo® Platinum Plan: USD 0.98/month (CAD 1.10/month, EUR 0.78/month and GBP 0.67/month)

  • Pingo® Diamond Plan: USD 1.98/month

  • Pingo® Mega Plan: USD 2.98/month



Rating and Rounding

Call duration is rounded up to the next whole minute. The following billing increments apply for each Pingo® Calling Plans:


  • Pingo® Premium Plan: 1 minute increment

  • Pingo® Platinum Plan: 1 minute increment

  • Pingo® Diamond Plan: 1 minute increment

  • Pingo® Mega Plan: 1 minute increment

Current rates are published on the Pingo®.com website (www.Pingo®.com/en/rates.do). Rates for all Calling Plans are subject to change without advance notice. Rates in place at the time of Plan enrollment will not be grandfathered when a Rate change is made and the new Rates will supersede the prior rates immediately. Please contact Customer Service for assistance or for more information on current Rates.


Plan Validity

For clarity, Plan Validity applies only to the length of time You will be on a specific calling plan and not the period of time the rates will be in effect, as Pingo® reserves the right to change rates at any time on any calling plan.

The Plan Validity periods for each respective Plan are as follows:

  • Pingo® Premium Plan: 180 days from last completed call or recharge date.

  • Pingo® Platinum Plan: Continuous plan validity (automatically renews every month)

  • Pingo® Diamond Plan: 30 days from enrollment date

  • Pingo® Mega Plan: 30 days from enrollment date



Depending on the Pingo® Calling Plan selected, each has a specific validity period. Validity is the period (in number of days) for which the Plan selected will be valid until, based on the enrollment date in the Plan. For example, enrollment in the Pingo® Diamond Plan on January 1, 2013 will have a validity period of thirty (30) days. The Plan will either convert to Pingo® Platinum Calling Plan or auto-renew on January 30, 2013, based on Your preference selected on the Plan enrollment date. If Your Plan is set to auto-renew, then the validity date will extend another 30 days. If Your Plan is not set to auto-renew, Your Plan will be converted into Pingo® Platinum Calling Plan and the Rates and Plan Enrollment fee for Pingo® Platinum Calling Plan will apply.

Accounts converted to Pingo® Platinum Calling Plan as a result of validity period expiration will remain on the Pingo® Platinum Calling Plan as long as account is active, or You initiate a change to a new calling plan, or if You request Your account to be closed by contacting Customer Service.


Plan Fee Refunds

Plan Enrollment Fees are non-refundable.

If You changed Plans by mistake or in error, please call Customer Service. We will consider requests for refunds of Plan Enrollment Fees if You contact our Customer Service department within two (2) days of a charge to request a refund.

Customer Service is under no obligation to refund the Plan Enrollment Fee if You do not submit Your request for a refund within the stated time frame and if you did not change Plans by mistake or in error.


Changing Calling Plans

Accounts denominated in USD are able to change calling plans to fit best with Your calling needs. Please make note of some of the following with respect to changing Your calling plan:

  • Calling Plans may only be changed ONCE in a twenty-four (24) hour period.

  • Each change into a new Calling Plan will incur the Plan Enrollment Fee associated with the respective Calling Plan.

  • Plan Enrollment Fees will not be pro-rated and will not be credited to Your account.

  • You are unable to change Your Calling Plan if Your billing currency is other than United States Dollar (USD). Foreign currencies (i.e. CAD, EUR and GBP) will only be supported by Pingo® Platinum Plan. You will not be able to change Your billing currency once You have enrolled and associated an account number with a specific calling Plan. You may contact Customer Service for assistance in establishing a new account with a different billing currency, which will require the closure of the existing account and establishing a new account in a new billing currency.



Trial Cards

Accounts that initiate from the usage of a Pingo® Trial Card, or other promotional method, will be established on the Pingo® Premium Calling Plan and with the default billing currency of United States Dollar. You can change Your Calling Plan by adding a payment method and completing the Signup and Verification process.


Use of the Service

You agree to use the Service only in such way that is permitted by these 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 Service where You are located. If any laws applicable to You restrict or prohibit You from using the Service, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Service.

iBasis may change the form and nature of the Service without prior notice to You. Future versions of the Software or the Pingo App may be incompatible with applications developed on or with previous versions. Furthermore, we may stop (permanently or temporarily) providing the Service to you or to users generally, in our sole discretion and without prior notice to You. iBasis may make updates of the Software, the Pingo App or other parts of the Service 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, Pingo App or other parts of the Service.

You shall not resell or commercialize the Service to any third party. You agree that you are solely responsible for any data, content, or resources that you transmit by using the Service, and for the consequences of such actions.

You are solely responsible for verifying with your mobile operator other provider that you are using in relation to the use of the Service that the use of the Service is permitted in accordance with any contractual obligations You may have with that provider, and also to check and pay for any imposed additional fees. You acknowledge and understand that the Service is not a traditional mobile or fixed line telephone service or a replacement for Your primary telephone service.


Unauthorized Use and Fraud

You should make every effort to safeguard Your account number and PIN. Pingo® is not responsible for lost or stolen PINs or unauthorized use. You should contact Pingo immediately to suspend the Service if You suspect that your mobile phone or other device you are using the Pingo App on (“Device”) is stolen or otherwise that an unauthorized third party may be using Your account or if Your PIN or any other account information is lost or stolen. It is recommended You change Your PIN at least once every ninety (90) days. You should ensure You fully log out of the Pingo Website when accessing Your account from a public or shared computer to ensure Your account is not subject to unauthorized access.

Credit card fraud is a criminal offense. At Pingo®, we use automated and manual systems to confirm proper credit card authorization, including having Pingo® representatives call persons who have signed up for Pingo®. We also track every transaction. Information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data and email addresses is collected and will be provided to appropriate law enforcement officials consistent with applicable law when required to assist in the prosecution of any persons attempting to commit fraud on the Pingo® web site.


Roaming Charges

Depending on Your mobile service provider, You could be charged Roaming Charges. This applies to both Pingo® and Pingo Mobile® calls originated from a mobile phone. Pingo® is not responsible for any roaming charges incurred by You. Please check with Your mobile service provider on the details of Your mobile plan to determine the roaming charges that will be incurred by You to use Your mobile phone in other countries and other regions.


Your Profile and Contact Information

You should make every effort to ensure Your profile information is up to date. Pingo relies on the accuracy of this information to:

  • To send You transactional notices, service announcements and changes that affect Your account

  • To apply statutory state sales and use taxes, or VAT, where applicable

  • For compliance with various state unclaimed property statutes

  • To contact You to verify transactions were made by You, or calls were placed by You, should they appear to be anomalous to normal account activity



We may, when sending any notices to You, use Your email address stated in Your Pingo account, or any mail address or other address, provided by You in connection with Your use of the Pingo account, the Pingo Website, the Pingo App or other parts of the Service. You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the delivery of notices, policies and changes thereto and records of transactions.


Refund/Credit Policy - Service Disruptions

At Pingo® we are committed to delivering high quality service every day. However, circumstances beyond our control (natural disasters, changes to telecommunications laws and regulations in foreign countries) may result in occasional disruptions in service.

We will issue a credit or a refund only in the following circumstances:

  • If You are charged for a call that was never completed (for example, there was no live answer or dead air to the called party). Upon verification, we will credit Your account the amount charged

  • 100% call quality guarantee credit is based on reporting call quality issues You encounter during a connected call up to USD 5.00 a month, subject to Pingo® verification of such issue. Poor quality can include but is not limited to: excessive static, one way audio and dead-air

  • If You have an account that has been depleted by a total of less than USD 5.00 (or equivalent billing currency in CAD, EUR or GBP) either from usage or maintenance charges, and wish to discontinue the service

  • If You have unintentionally created two or more Pingo® accounts and want to close the additional account

  • If You were incorrectly charged for services not received or for which You did not authorize. In such cases, You must contact Pingo® within 48 hours of the attempted call or discovery of the erroneous charges in order to be eligible for any refunds



Account Cancellation Policy

You may permanently close Your Pingo® account (including any Administrative and Sub-Accounts) and stop all communication by contacting Customer Service at +1-888-838-8878, or by emailing . Please include Your name, account number, contact phone number, and the addresses where a refund check may need to be sent. We will then close Your account, which will disable all future access and You will receive a refund for unused funds minus any gratuitous bonus or promotional amounts, or discounted credit minutes received.

You may reopen Your Pingo® account by calling Customer Service at +1-888-838-8878. You may be required to update Your profile and payment information, to ensure we have the most current information on Your account.

Any account closed due to a Chargeback will not be reopened. We encourage customers to call Pingo® Customer Service first to resolve any billing dispute or erroneous or unfamiliar credit card charges from Pingo®.com, before filing a chargeback with their Credit Card provider. In many cases, we can resolve the issue within 24 – 48 hours.

Without limiting any other remedies, we may modify, limit, suspend, discontinue or terminate Your use of all or any part of the Service and/or the Terms, with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation, if: (i) we reasonably suspect that you are in breach of these Terms; (ii) if required due to a change in laws/regulations by a regulator or authority with a lawful mandate in any particular territory; and (iii) if required by any of our service providers.

You acknowledge and agree that we are under no obligation to provide the Service, and that we shall not be liable to You or to any other party for any limitation, suspension, discontinuance, termination or modification of the Service and/or the Terms. We reserve the right to cancel Your account if it has been inactive for more than one (1) year.

On termination for any reason: all rights granted to You under these Terms shall cease; You must immediately cease Your use of the Service; you must immediately delete or remove the Pingo App, and other parts of the Service from all Devices, and immediately destroy all copies of the same then in your possession, custody or control.


Call Records

Calling Records are only available for download for the past twelve (12) months.


Disclosure of Information

Pingo® reserves the right at all times to disclose any information Pingo® deems necessary to satisfy any applicable law, regulation, legal process or government request.


Force Majeure

Pingo® will not be liable for any failure of performance due to causes beyond its control, including, but not limited to, Acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.


No Warranties; Limitation of Liability

No representation or warranty, express or implied, is made regarding available number of minutes to a particular country or remaining number of minutes to a particular country.

No warranty, express or implied, is made regarding the condition or fitness of the Service or use of the Service for any particular use or purpose, including warranties of title or implied warranties of merchantability or non-infringement. Pingo® does not authorize anyone to make a warranty on its behalf and You may not rely on any statement of warranty as a warranty by Pingo®. We do not warrant against interference with your enjoyment of the Service or that the Service will be uninterrupted or error-free, or that defects in the Service 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 we cannot guarantee that information or communications transmitted in relation to the use of Service will not be subject to interception by law enforcement officials or other third parties.

Pingo® is not liable for any act or omission of any company furnishing a portion of the Service or of any third party, including those vendors participating in offerings made to You, or for damages associated with the Service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service.

With respect to any allegation, claim, or dispute related to use of the Service provided hereunder, the liability of iBasis and its employees, agents, and service providers (the "iBasis Parties") shall be limited to an amount equal to the payments made by You for such affected Service in the twelve (12) preceding the date of such allegation, claim, or dispute. IN NO EVENT WILL THE PARTIES BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.


Indemnification

You will indemnify, defend, and hold harmless the iBasis Parties against all claims of loss or damage arising from use of the Service, including (a) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Service, and (b) all other allegations and claims arising out of any intentional act or omission, whether giving rise to criminal or civil liability, by You or others authorized by You to use the Service.


Suspension and Interruption

Pingo® may deny or limit use of the Service for any lawful reason. If Pingo® detects fraudulent use of the Service, it may be suspended or terminated, and Service calls may be intercepted, without notice.

Pingo® will suspend or discontinue Your account in the event You file a chargeback request with Your Credit Card service provider or a payment dispute with PayPal. Pingo® will not allow future accounts to be created using the same account name, number and credit card information used in the dispute filing with Your Credit Card service provider or with PayPal.


Modifications and Assignment

iBasis, in its sole discretion, may modify and assign these Terms without notice to You. You may not assign any rights or obligations under these Terms to any third party without the prior written consent of iBasis.


Binding Effect and Severability

The Terms are binding upon You and Pingo® and upon, respectively, Your and Pingo®'s agents and heirs. If any part or provision of these Terms is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of these Term, which will still be given full force and effect.


Dispute Resolution; Governing Law

If You have a dispute concerning Your Service, You should first call the Customer Service at +1-888-878-8838 or refer to the Pingo®.com web site for additional information and instructions. If You are unable to resolve the dispute with Customer Service, You agree that the exclusive forum for resolution shall be through arbitration instead of court proceedings, trials, and class actions. Arbitration is final and binding. You agree that all disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted to the American Arbitration Association ("AAA"), for final and binding arbitration. For Consumers, the arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules ("AAA Rules"), as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms. For businesses that purchase Pingo® Business Service, the arbitration will be conducted under the AAA Arbitration Rules for Commercial Disputes, as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms.

For more information regarding AAA, You may visit its web site at www.adr.org. The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Additional charges may apply for such procedures. The award may be confirmed and enforced in any court of competent jurisdiction. Currently, the AAA Rules provide for reduced filing fees for consumers. Unless otherwise provided for in the AAA Rules or in the arbitration award, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between You and Pingo®. Each party will bear the cost of preparing and presenting its own case. Any in-person arbitration proceedings will be held in Boston, Massachusetts or at the location that AAA selects unless otherwise mutually agreed upon by the parties. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought as a class action or as a private attorney general, and You will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to the Service. Any dispute or claim arising out of or relating to these Terms must be brought within one year after the date on which the basis for the dispute or claim first arises or the period of time provided by statute.

These Terms are governed by and construed under the laws of the Commonwealth of Massachusetts without regard to choice of law principles.


Intellectual Property; License Rights and Restrictions

In consideration of You agreeing to abide by these Terms, we grant to you a limited, non-transferable, non-sub-licensable, non-exclusive revocable license to use the Pingo Website, the Pingo App and any mobile device software downloaded by You from us (the “Software”) as solely for the purpose of receiving the Service. You may install the Software on any approved cellular telephones associated with your Pingo® account. The Software is only available for use on Apple’s iPhone, version 5.x and above, and various cellphone using Google’s Android OS. You may not make copies of the Software or transfer the Software to anyone else. We reserve all other rights.

Without limiting the foregoing, in relation to the Pingo App, we license the use of the Pingo App to You on the basis of the Terms and subject to any rules or policies applied by Apple Inc. and/or Google Inc., or any other entity within the Apple or Google group ("Apple" and “Google”). We do not sell the Pingo App to you. We remain the owners of the Pingo App at all times.

You may not, and may not permit or aid others to translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Software, or extract or attempt to extract source code from the object code of the Software. The Software is licensed as a single product; You may not separate its component parts for any purpose. You may not make any commercial use of the Software, whether or not for consideration. You will not remove, alter or deface any trademarks or proprietary notices of iBasis or of its licensors in the Software. You also acknowledge and agree to be responsible for any applicable roaming charges that may apply when using the Software and Service.

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 shall apply with priority over such open source software license.

All ownership and intellectual property rights in or to the Software, the Pingo App, the Pingo Website or, to the extent applicable, other parts of the Service 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 iBasis, or iBasis’ licensors, and nothing in these Terms shall constitute or be interpreted as a transfer of any such rights from iBasis to You or anyone else.

The licenses granted to You as described in this section will terminate automatically in the event of any termination of the Terms.


Effective Date
This Agreement is effective as of January 23, 2018.
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