Terms and Conditions
It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasize:
NO ACCESS TO EMERGENCY SERVICES: YouRoam is not a replacement for your ordinary mobile or fixed line telephone. YouRoam does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.
CHECK RESTRICTIONS ON USE: In some regions there are restrictions on the use of YouRoam. It is your responsibility to ensure that you are legally allowed to use YouRoam where you are located.
CHECK WITH YOUR CELLPHONE CARRIER FOR CALL FORWARDING, SMS AND DATA RATES BEFORE USING YOUROAM: YouRoam does not charge you any fee for use of its Free App to App Calling and Instant Messaging Service and we are not responsible for charges from data, SMS, roaming calls, and call forwarding from use of YouRoam. Any costs charged by your mobile telephone provider or ISP including but not limited to: data costs, international roaming calls and SMS costs for verification or friend invitations via SMS and call forwarding will not be the responsibility of YouRoam. Call forwarding costs by your mobile telephone carrier varies and can be substantial. Please check with your mobile operator before using the YouRoam Service.
NO OWNERSHIP OF NUMBERS: If YouRoam App allocates you a YouRoam call forwarding number or subscription phone number you do not own the number or have a right to retain that number past your subscription end date. YouRoam may need to change or withdraw the number allocated to you from time to time. You will not transfer or attempt to transfer your YouRoam Subscription Number to anyone else. You must ensure you comply with any allocation requirements displayed when purchasing a YouRoam Number as failure to do so could result in the number being withdrawn.
YOUROAM SUBSCRIPTION NEEDS TO BE USED RIGHT AWAY: If you purchase a YouRoam subscription, please be aware that it becomes active immediately and you will have the length of the term of the subscription to use it.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER: A binding arbitration clause and class action waiver will affect your rights to resolve a dispute with YouRoam, its corporate affiliates, or other third parties including mobile phone carriers.
YouRoam Inc. (“YouRoam App”, “YouRoam”, “APP”) is a communication service that allows you to communicate for free with your contacts that have YouRoam App. In order to use the service, you have to install the YouRoam application in your device. The service consists on the possibility to chat and call your contacts by instant messaging and voice. Should you wish to pay for use, YouRoam enables you to call and text anyone in the world and in some countries, allow you to receive calls on your own phone number. What you need to know about the YouRoam service before use:
a) No access to emergency services: YouRoam does not replace your mobile and / or fix phone service so you should have one of those services to ensure proper calls to emergency numbers if necessary.
b) Traditional telecommunications services: You need to have a pre-existent subscription with your mobile telecom provider to use YouRoam App. The YouRoam service is not a substitute of your telecom service providers such as mobile operators. Specifically, YouRoam, cannot be used as main phone line. Using YouRoam on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
c) No access to premium rate services or special numbers: Please use your pre-existing subscription with your telecom provider to reach those services.
d) Jurisdiction: In some countries there are laws that may prohibit, limit or restrict the use of services such as YouRoam App due to age limits, bans or regulations. If this is your case please do not use YouRoam. Some telecom carriers also ban the use of Call Forwarding and VOIP services so please check with your carrier before use.
1. Scope of the General Terms and Conditions of Use, Amendments
1.1. YouRoam provides you with the messaging and callings service to other YouRoam’s users and outgoing calls to non-YouRoam users and with incoming calls to your regular phone number in some countries. Application of deviating terms and conditions is excluded, even if YouRoam does not explicitly reject. These T&C can be read and called up at any time from youroam.com/terms-and-conditions or in the specific section within the application.
1.2 Amendments to these T&C will be made subject to observance of the statutory regulations and will be announced at youroam.com/terms-and-conditions or through the application.
1.3 We offer you the Service exclusively as final user, therefore the reselling or commercialization of the Service is strictly prohibited so is the assignment of this contract.
1.4 The Service is not suitable for children below 13 years neither for legal entities and therefore cannot subscribe to the Service. If you are under 18 years old, your parent or legal guardian must also read and agree to be bound by these T&Cs. If you belong to any of these groups you may not use the Service.
2. YouRoam Application (“App”) / Service
2.1 Through YouRoam App, YouRoam offers you a platform for web based and mobile communication with other YouRoam users, as well as to external connections via voice telephony. Some features of the App may not be available at the time you install it.
In general YouRoam does not charge you any fee for use of its Free Service. This does not apply for any costs charged by your mobile telephone provider or ISP for data transfer and SMS costs for verification or friend invitations via SMS. Call forwarding costs by your mobile telephone carrier varies and can be substantial. Please check with your mobile operator or ISP what is your data plan before using the YouRoam Service.
YouRoam does not currently have advertisements but may at any time begin dissemination of advertising material. Use of the YouRoam service therefore presupposes that you consent to receipt of advertising information. The scope of the free use of the YouRoam service is determined on the one hand by the scope of the advertising addressed to you and, on the other hand, by your conduct of the individual user and of all users of the YouRoam service. In this respect, you consent exclusively to the sending of advertising information through the App as this is an essential condition for YouRoam to provide you with the Service; there is no obligation on your side to purchase or to conclude transactions with advertising partners of YouRoam.
2.2 The YouRoam service may provide you with advertising information in the form of banners in the App (“pull advertising”) as well as via text or multi-media messages and/or e-mail (“push advertising”). Push-advertising measures presuppose that you have issued corresponding consent by checking the opt-in in the correspondent section within the App. There, you can determine the scope of the advertising information sent as well as the form of technical transmission (e.g. text or multi-media message or e-mail).
2.3 The YouRoam service is not a substitute for telecommunications services. In particular, emergency telephone numbers cannot be reached via the YouRoam service. YouRoam can also restrict use of service and/or special telephone numbers within the scope of the YouRoam service. Such numbers may include without limitation Law Enforcement Agencies, medical care, ambulance or any other emergency number; consequently you may not use the Service for this purpose. You are responsible to acquire or subscribe to a fix or mobile service suitable that offers calls to emergency numbers. YouRoam APP IS NOT A SUBSTITUTE FOR YOUR FIX OR MOBILE MAIN SERVICES.
Please make all emergency calls over your cellular carrier’s network through your phone’s dialer. YouRoam does not prevent you from using your phone for making emergency calls via your cellular provider as normal.
2.4 As long as you have a Subscription you will be able to perform calls to US phone numbers. Virtual credit can be re-gain by subscription to YouRoam’s Weekly or Monthly plans through an in-app purchase or by other means that YouRoam may implement in the future.
Cost for service may vary over time or over geography depending on any suitable factor or factors; for example, the cost can depend on the size of the communication, the type of communication, the amount of the discount (if applicable), the sender, the intended recipient, the carrier, the country, the duration or length of the communication and/or any other suitable factor or factors.
2.5 Responsibility for the advertising information lies exclusively with the respective YouRoam advertising partner. YouRoam shall provide exclusively the technical transmission of the advertising information. In particular, the transmission of the advertising information shall not constitute any recommendation, guarantee or similar concerning the products and/or services offered by the advertising partner. The advertising partner bears sole responsibility for the correctness, up-to-date status and completeness of the advertising and product information, and for ensuring that the quality of the products and/or services advertised corresponds to the advertising or product information provided.
2.6 In the event you decide to procure products and/or services from a YouRoam advertising partner, a contract shall be established exclusively between you and the YouRoam advertising partner; YouRoam shall not become a party to any such contract. YouRoam draws explicit attention to the fact that the contracts with its advertising partners shall be subject to the partners’ terms and conditions of contract and, if applicable, to their general terms and conditions of business. YouRoam has no influence over the general terms and conditions of business of the advertising partners and likewise does not act as their representative, agent or distributor.
2.7 The YouRoam service is dependent entirely on advance performances by third parties, over which YouRoam has no technical influence. An advance performance for the purpose of the above is, in particular but without limitation, the provision of the communication services by telecommunications providers (mobile operators, ISPs or others). Consequently, YouRoam cannot exclude temporary restrictions or interruptions of the YouRoam service in the event of capacity bottlenecks in the provider networks as well as in the event of faults and/or maintenance work and/or work on technical alterations to the providers’ systems. In so far as possible, YouRoam shall inform you if it becomes aware of any non-availability of the YouRoam service and shall require the network operators to rectify faults immediately. IMPORTANT INFORMATION: If your Broadband or Cellular Data Connection fails, your voice service will also fail. Your service may cease to function if there is a power cut or failure. These failures may be caused by reasons outside our control.
2.8 YouRoam is entitled to restrict, limit, suspend, intervene and / or interrupt the Service for maintenance purposes or to improve, repair or update the Service. YouRoam will make its best efforts to notify you and likewise try to mitigate the inconveniences you may suffer, You have no entitlement to permanent availability of the YouRoam service. YouRoam is entitled to restrict and/or discontinue the service, in part or in full, at any time.
2.9 You may be provided with a YouRoam phone number to be used by you in connection with YouRoam app. YouRoam numbers are owned by us (or our suppliers) and may be reclaimed by us should your YouRoam account be terminated for any reason, and for free, due to non-activity as further describe in 5.3 and may otherwise discontinue phone number availability and reclaim phone numbers at any time without liability to the user. YouRoam numbers are not retained and may not be transferred. YouRoam may limit the assignment of one phone number per user.
2.10 There are no special measures for end users with disabilities
3. Use of the YouRoam service
3.1 Use of the YouRoam service is only possible via your pre-existent telephone number allocated to you by your mobile operator. Such number will be use as your id in our systems and cannot be changed. You cannot assign the services to third parties. However if you subscribe to the YouRoam Subscription service a YouRoam number will also allocated to you and shared with other subscribers (subject to availability of numbering service). YouRoam’s data counter may not be accurate or may reflect a different data usage than your carrier’s plan. YouRoam runs in the background along with many other applications on your phone and can consume data and battery even when not making or receiving calls and text messages. Close out of YouRoam entirely to avoid data usage.
3.2 The YouRoam service does not grant you any entitlement to the use of a specific contingent of free SMS and/or free minutes. Accordingly, you are not entitled to compensation from YouRoam in the event of termination of the YouRoam service by any cause or of withdrawal of the telephone number assigned to you for use of the YouRoam service.
4. Your duties
4.1 You will use the YouRoam service exclusively for private purposes. You are prohibited in particular from integrating the YouRoam service fully or partially into own or other offers, or from using the YouRoam service commercially for own or third party purposes.
4.2 You undertake furthermore to refrain from any abuse of the YouRoam service. In particular but without limitation, you undertake to refrain from
a) circumventing YouRoam security precautions and/or
b) using facilities or performing applications which result or could result in damage and/or functional failure of the YouRoam service, and/or
c) using the YouRoam service for the use of diallers, PIN calls, spamming and/or the provision of added-value or premium services and/ or
d) using the YouRoam service in an abusive way; such usage is especially reached as soon as you use a volume of 1000 Min per week of voice calls on the subscription plan and/or
e) using the Service above the common practice and / or above a fair usage or against good morals and/or
f) Committing fraud or using the Service in a way that it might be reasonable to consider so as a sign of fraud.
g) use the Service to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
In case of abuse according to art. 4.1 or 4.2 or 4.3 of these T&C, YouRoam is entitled to reduce the usage or to exclude you from further usage of the YouRoam service and / or even terminate this contract.
4.3 Finally, you undertake not to make unlawful use of the YouRoam service and, in particular, to ensure that the contents of his communication do not violate applicable law, statutory and official prohibitions or good morals or any third party rights. You guarantee in particular that you will not disseminate any discriminating and/or pornographic and/or extremist content within the scope of the YouRoam service.
4.4 In the event of claims by third parties against YouRoam as a result of violation of your obligations, in particular as a result of unlawful, illegal or fraudulent use of the YouRoam service or against these T&C, you undertake to indemnify YouRoam against these claims at the first request. The indemnification also includes any costs of legal pursuit incurred by YouRoam as a result.
5. Utilisation period, ending of use
5.1 You can use the YouRoam Service for an indefinite period. You are entitled to end the use at any time without adhering to a period of notice.
5.2 The right of either party to immediate termination for important cause shall remain unaffected. An important cause shall be given for YouRoam in particular if
a) you make unlawful use of the YouRoam service, in particular use in contravention of legal provisions, other legal regulations or in violation of good morals, in the event of a strong suspicion of such, or due to an infringement of point 4.2 and/or in general you do not comply with any provision of these T&C.
b) you use the YouRoam service for purposes other than private purposes.
c) YouRoam license if applicable is revoke
d) the business of YouRoam is discontinued, it is not profitable or YouRoam is in bankruptcy procedures.
In case of termination you will lose your virtual credit with no possibility of reimbursement.
5.3 YouRoam may withdraw the YouRoam number assigned to user without notice. YouRoam will notify the user in an instant message or alert before withdrawing the telephone number. The notification may also take the form of a short message (SMS) to the mobile telephone number provided to the user by YouRoam, or to the mobile telephone number indicated by the customer for identification purposesYouRoam reserves the right to assign the number to other user after withdrawal. User may use the YouRoam app afterwards limited to the services that not requiring numbering to run (web saved services and IP)
6. Disclaimers of Warranties and Limitations on Our Liability
WE TRY TO KEEP YouRoam UPDATED, BUG-FREE, AND SAFE, BUT YOU USE YouRoam AT YOUR OWN RISK. YouRoam IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YouRoam (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH YouRoam, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO OR FROM YouRoam. WE WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF YouRoam; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM YouRoam; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH YouRoam BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH YouRoam.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH YouRoam OR ANY LINKED WEBSITE. WE WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF YouRoam.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
7. Protected privileges, data protection
7.1 All brands, industrial property rights and/or logos of YouRoam and/or the YouRoam advertising partners, shown within the scope of the YouRoam service, are the property of the respective entitled party, even if they are not marked with corresponding protection references. Reproduction and/or other use of these brands, protected privileges and/or logos are not permitted without the consent of the respective entitled party.
7.2 Protection of user data and your privacy is of particular importance to YouRoam. As such, the rulings on data protection at YouRoam shall apply in extension; you likewise accept their application.
8. – YouRoam Paid Services
YouRoam may offer two payment options:
– Ad supported subscription to YouRoam
– Paid subscription allowing you to make calls to non-YouRoam users
Please take into account that we are currently rolling out the payment service so this feature might be not available for your device OS or in your country.
8.1 If you wish to use YouRoam Paid Services, you must agree to all the terms of this Section. All the other provisions of this Agreement also apply to YouRoam Paid Services.
8.2 Payments will be made exclusively in the manner(s) indicated by YouRoam from time to time, including through service providers separate from YouRoam. You need to agree to any specific terms presented at the moment of making a payment, including without limitation provisions relating to processing of personal data by that service provider which may differ from YouRoam’s policies and for which YouRoam is not responsible.
8.3 Please think twice before purchasing: all purchases are final and no refunds are available for payments made for YouRoam Paid Services that are made through third parties’ platforms. In the event that you believe you have been charged in error, you must contact YouRoam support within 14 days of such charge and submit evidence that you’ve been charged by error otherwise we have to rely on the information of our system and assume the purchase was righty and consciously performed. No refunds will be given for charges, which are more than 14 days old. If you have not used your credit for the duration of your subscription, you will lose it. YouRoam will try to send you a reminder before it expires. If your User Account expires or is terminated you will also lose any remaining credit in your User Account. Note that certain special promotions may be subject to shorter expiry dates within which you would need to use the relevant credit, so please read the applicable terms carefully at the time of purchase.
8.4 Charges for YouRoam Paid Services are subject to change. For YouRoam Subscription, the applicable rates are those in effect at the time of using the service. Please always check the up to date charges. Unless otherwise specified, rates include VAT.
8.5 If you encounter any problems related to payment, pricing or use of YouRoam Paid Services, please contact email@example.com. Be aware that YouRoam does not provide support in all languages and English is the language generally used.
8.6 If the law of your country or location prohibits you from using the YouRoam Paid Services whether due to age restrictions, content laws or other legal restrictions, you must not use the YouRoam Paid Services and any payments that you make will not be refunded.
9. BINDING ARBITRATION AND CLASS ACTION WAIVER
(a) Paragraph 9 applies to any dispute between you and YouRoam or any third party including mobile phone carriers and YouRoam’s corporate affiliates (collectively, “Disputed Party” or “Disputed Parties”) relating to the Software or Products (including their price) or this Agreement, EXCEPT DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, YOUR LICENSORS’, YouRoam’S, OR YouRoam’S LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. Dispute, for purposes of paragraph 9, means any dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law.
(b) Notice of Dispute. In the event of a dispute, you must provide YouRoam or other Disputed Party with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute to YouRoam or its corporate affiliate at ATTN: ARBITRATION, 2555 Collins Ave. 907, Miami Beach, FL 33140 and to any other Disputed Party at its principal place of business in the USA, marked ATTN: Legal Department. The Disputed Party will send any Notice of Dispute to your address if it has it, or otherwise to your e-mail address on file. You and the Disputed Party will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent, after which you or the Disputed Party may commence arbitration on an individual basis.
(c) Small Claims Court. You may also litigate any dispute in a small claims court in your county of residence, Dade County Florida, if the dispute meets all requirements to be heard in the small claims court. You may litigate in a small claims court whether or not you negotiated informally first.
(d) Binding Arbitration. If you and YouRoam or any other Disputed Party do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by individual binding arbitration governed by the Federal Arbitration Act (“FAA”). Class arbitrations are not permitted. By entering into this Agreement you are waiving the right to litigate disputes in court before a judge or jury and the right to participate in court as a party or class member. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
(e) Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you, YouRoam nor any other Disputed Party will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which any party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
(f) Arbitration Procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If you are an individual and use the Software or Products for personal or household use, or if the value of the dispute is $75,000 (US) or less whether or not you are an individual or how you use them, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see adr.org or call +1-800-778-7879. In a dispute involving $75,000 (US) or less, YouRoam or other Disputed Parties will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees. You, YouRoam and other Disputed Parties agree to the terms governing procedures, fees and incentives. To commence arbitration, please first contact YouRoam to discuss your claim. You agree to commence arbitration only in your county of residence, Dade County, or another Disputed Party’s principal place of business in the USA. YouRoam and other Disputed Parties agree to commence arbitration only in your county of residence.
(g) One-Year Deadline for Claims or Disputes. To the extent permitted by law, any claim or dispute that you may have relating to the Software, Products, or these Terms must be filed within one (1) year in small claims court (paragraph 9(c)) or in arbitration (paragraph 9(d)). The one-year period begins when the claim or dispute first could be filed. If your claim or dispute is not filed within one (1) year, it is permanently barred.
(h) Rejecting Future Arbitration Changes. You may reject any change YouRoam makes to paragraph 9 (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in paragraph 9(b). If you do, the most recent version of paragraph 9 before the change you rejected will apply.
(i) Severability. If the class action waiver in paragraph 9(e) is found to be illegal, invalid or unenforceable as to all or some parts of a dispute, then paragraph 9 will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of paragraph 9 is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of paragraph 9 remaining in full force and effect.
10. Concluding provisions
10.1 Should a provision of these T&C be or become invalid or inoperable, either in part or in full, the validity of the other provisions shall remain unaffected.