Teliqon Legal Information

“Teliqon”, “Company”, “we”, “us”, or “our” - shall mean a legal entity Teliqon Communications OÜ, established under the laws of Estonia and having its address at Harju maakond, Kesklinna linnaosa, Tuukri tn 19-315, Tallinn, 10120, Estonia. 

“Customer” or “You” - shall mean a professional or legal entity that orders Teliqon Services, and is identified in the relevant billing statements and/or invoices as the customer.

“Authorized User” - shall mean an individual, who is authorized to use Teliqon Services by Customer, on behalf of Customer, and for the Customer’s benefit, being the Customer’s employee, contractor, consultant, agent, or other authorised representative.

“Teliqon Services” - shall mean any and all of the services provided by Teliqon to Customer under this Agreement, in particular, but not limited to services provided via Teliqon Platform or in relation to exploitation of Teliqon Platform.

“Teliqon Platform” - shall mean a web platform available upon login into the Account of Authorized User.

“Account” - shall mean a dedicated account on the Teliqon Platform associated with Customer allowing Customer’s Authorized User(s) to exploit the Teliqon Services.

“Customer Data” - shall mean any data, text, messages, materials, communications and other information, transmitted, created or stored by Customer or on behalf of Customer through the use of Teliqon Services within the Account.

“Personal Data” - shall mean any information relating to an identified or identifiable natural person.

“Teliqon Website” - shall mean a website owned or legally possessed by Teliqon available at - https://teliqon.io/. 

The Company provides You with the list of Teliqon Services, which may include call details records (CDRs), Cloud PBX, providing of virtual numbers and SMS services as well as analytical reports and other services as described on the Teliqon Website or are available through the Authorized User’s Account.

The use of certain Teliqon Services may require Customer to upload third party data, which may include Personal Data. Customer shall be solely responsible for obtaining all and any consents required from the third parties to share such data with Teliqon. 

The use of certain Teliqon Services may require Customer to comply with local laws, regulations, or other legal requirements applicable in the Customer's jurisdiction. If any restrictions apply to Customer, or if licenses, permits, or other authorizations are required to use any of the Teliqon Services, it is the sole responsibility of Customer to ensure full compliance with such obligations. Teliqon takes no responsibility for such consent, notice, or other required documentation, and in no event shall  Teliqon be liable for Customer’s compliance with any applicable to Customer legislation. 

The Company reserves the right to modify or discontinue Teliqon Services (or any part thereof) temporarily or permanently with or without notice and at any time. You agree that Teliqon shall not be liable to You or to any third party for any modification, suspension, termination, or discontinuance of Teliqon Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Teliqon Services, including the release of new tools and resources, shall be subject to these Terms of Services.

Teliqon Services are designed for business and professional use only. Teliqon reserves the right to refuse to provide the Teliqon Services at its sole discretion to any Customer with or without specifying a reason.

A number of factors outside of Company’s control may impact access and use of the Teliqon Services including local network, available bandwidth, public Internet lines, the public switched telephone network, Customer’s Internet service provider and/or local network hardware. Customer acknowledges and understands that usage of Teliqon Services requires that Authorized User(s) have adequate access to the Internet, necessary power supply and equipment. This is an obligation of the Customer to provide Authorized User(s) with the resources and equipment required.

Teliqon takes no responsibility and in no event shall Teliqon be liable for any disruption, interruption or delay in providing the Teliqon Services caused by any failure in any of the above.  

Teliqon offers the possibility to record their calls at their sole discretion. Customer acknowledges that the laws regarding notification requirements, legality and use of such call records vary from one jurisdiction to another. Customer using the call recording feature warrants that it will comply with the restrictions of the jurisdiction(s) in which the call is recorded and is solely and entirely responsible for such compliance. Teliqon shall not be liable for any claim related to call recordings, and Customer agree to release, indemnify and hold harmless Teliqon from and against all claims, damages or liabilities of any kind related directly or indirectly to the recording of any call conversation using Teliqon Services.

To access Teliqon Services, You (including any Authorized User(s) associated with Your organization for whom You establish access credentials to the Teliqon Service) must create an Account on the Teliqon Platform. 

To acquire an Account for the Teliqon Services, You must provide us Your Authorized User(s) names, Your company name, email and phone number (“Registration Data”).

Unless explicitly permitted by the Agreement and/or the relevant policies, Authorized User may only create one account per email address.

In consideration of the use of the Teliqon Services, You agree to (a) provide true, accurate, current, and complete information about Yourself and Your Authorized User(s) as required by the registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In no way the Company shall be responsible for verifying such information.

If You provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Teliqon Services (or any portion thereof). 

You and Your Authorized User(s) are solely responsible for keeping your login details and access to the Account confidential and secure. Teliqon cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section. 

You should immediately notify Teliqon in case You or Your Authorized User(s) believe or have a reasonable ground to believe that (1) unauthorized use of the Account or any other breach of security took place, or (2) the login credentials have been lost.

You may delete Your Account via the Account interface or by requesting us to do via oi.noqilet@eciffo. Teliqon reserves the right to terminate Your Account after twelve (12) months of inactivity.

While using Teliqon Services, You shall and shall cause You Authorized User(s) to refrain from any unauthorized use of all or part of Teliqon Services, including:

1. using in violation of these Terms of Services or applicable law, including laws and regulatory requirements regarding applicable;

2. materially breaching (or we believe that You or an Authorized User(s) has materially breached) any obligations under our Acceptable Use Policy;

3. using of Teliqon Services in a way that in our judgment threatens the security, integrity, or availability of Teliqon Services; 

4. using of Teliqon Services if it is prohibited or limited for You by applicable law or regulation; or 

5. providing information that is untrue, inaccurate, or incomplete.

Customer may find information about fees for particular Teliqon Services on Teliqon Website as well as in Account. All currency references are in U.S. dollars. Teliqon reserves the right to change any applicable fees in relation to any portion of Teliqon Services anytime. If Customer purchased Teliqon Services offered by a plan basis, the updated fees shall be applicable starting from the next billing cycle for the corresponding plan. 

Unless otherwise stated in this Agreement, all and any fees paid by Customer are non-refundable. 

Payment of the fees by Customer is on a prepaid basis, and Teliqon Services will be provided by debiting funds pre-deposited in Customer’s Authorized User Account. 

To order the particular Teliqon Services Customer shall deposit funds on the corresponding Authorized User Account. In order to deposit funds to the Authorized User Account Customer may conduct wire payments to Teliqon or make payments via third party services.  In order to make wire payments, Сustomer may request Teliqon to issue the corresponding invoice via oi.noqilet@eciffo. In this case Customer undertakes to make payment within the period specified in the relevant invoice.
Customer may be offered to set up automatic charges and authorise Teliqon to make charges using Customer’s payment details once the Account balance is negative, or with certain frequency. Customer shall be solely responsible for the accuracy of payment details provided for the payment process as well as for their opt-out of certain payment methods. Once authorized by Customer, Teliqon will continue to make automatic charges until the payment preferences are not changed by Customer. 

Customer agrees that it shall be responsible for any and all fees, if any, associated with payment of invoices to Teliqon. The fees are exclusive of applicable taxes and surcharges required under applicable legislation, including VAT, costs/disbursements, charges, regulatory assessments, or any other duties, levies, registration fees or taxes which shall be charged additionally. The invoiced amount and/or amounts paid via third party services may hence fluctuate from month to month and Customer agrees to pay any and all fees and/or taxes due.

If You do not have sufficient funds within the Authorized User’s Account, Teliqon may suspend and/or terminate some or all of Teliqon Services.

Teliqon reserves the right to provide Customer with discounts for some or all of Teliqon Services. The terms and conditions governing such discounts, including the decision to offer, modify, or withdraw them, shall be determined solely by Teliqon. Any such changes shall become effective upon notice provided to Customer in any form Teliqon finds reasonable and appropriate.

Teliqon Services may contain features designed to interoperate with a list of third-party systems, platforms and applications not affiliated with Teliqon, whether such third-party applications are web-based, mobile, offline or other software functionality (the “Integration(s)”). Customer may decide in its sole discretion to integrate Teliqon Services with the Integrations. 

Such Integrations are not part of Teliqon Services, and all enablement, access, and/or use of Integrations is solely between Customer and the applicable third-party provider and such use shall be governed solely by the terms and conditions of such third-party provider. Teliqon does not guarantee the continued availability of such Integrations, and may cease providing access to them without entitling Customer to any refund. 

If an Integration is enabled within an Account, Customer should be cautious of any data that will be shared with the third-party provider and the purposes for which the provider requires access. Teliqon is not responsible or liable for, and makes no representations as to any aspect of such Integrations, including their content or the manner in which such third-party provider or the Integration handles, protects, manages or processes Customer Data or any interaction between Customer and such third-party provider. 

Customer warrants and represents that (a) it has obtained all necessary consents and licenses to transfer Customer Data as well as Personal Data from Teliqon Services to the Integrations and/or from the Integrations to Teliqon Services and that (b) it shall be solely responsible for the processing and use of such Customer Data as well as Personal Data by the Integrations in accordance with applicable legislation, including for any damage or loss caused or alleged to be caused by or in connection with Customer’s enablement, access or use of any such Integrations, or Customer’s reliance on the privacy practices, data security processes or other policies of such third-party provider.

All Teliqon Services and any portion of Teliqon Services,  as well as any software associated with Teliqon Services and all the related materials, in particular, but not limited to, trademarks (registered or not), trade names, logos, content, graphics, text, and images used for or contained on/in the Teliqon Services are exclusively owned by Teliqon (the “Teliqon Intellectual Property”), and are protected by copyright, trademark laws, national and international legislation, and international intellectual property treaties.

Subject to Customer’s continued and full compliance with all of the terms and conditions in this Agreement, Teliqon grants Customer and its Authorized User(s) during the term of Teliqon Services usage a revocable, non-transferable, nonexclusive, limited license and right to access and use the Teliqon Services duly purchased or ordered by Customer solely for its internal business purposes and only as permitted by this Agreement.

Nothing in this Agreement shall be treated as an assignment or transfer of any Teliqon Intellectual Property rights from Teliqon to Customer and/or Authorized User(s).

Customer grants Teliqon, its affiliates and their representatives a limited, non-exclusive, royalty- free license to access, use, copy, transmit, distribute and store Customer Data to the extent necessary for Teliqon (i) to provide Customer with Teliqon Services; (ii) improve and develop Teliqon Services; (iii) comply with the applicable legislation; and (iv) fulfill Teliqon’s legitimate interests, in particular to improve the functionality, security, and reliability of Teliqon Services.

Neither Teliqon nor Customer may use or display each other’s trademarks, service marks or logos in any manner without such prior written consent. Notwithstanding the foregoing, Customer hereby grants Teliqon the right to use and reproduce Customer’s name, logo and trademarks to identify Customer as a Teliqon customer as necessary to provide Teliqon Services to Customer.

From time to time, Teliqon may ask for or collect and/or Customer may provide written suggestions, feedback or comments as part of Customer’s or its Authorized Users’ use of Teliqon Services (“Feedback”). Customer acknowledges and agrees that such Feedback shall be deemed the property of Teliqon. Teliqon shall be entitled to use the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of such Feedback.

Customer and its Authorized User(s) shall comply with all laws and regulations applicable to Customer (including any Authorized User’s) using of Teliqon Services, including securing all necessary consents and authorisations from third parties and authorities, and complying with all laws, regulations, and industry guidance.  

Teliqon Services may not be used in, exported or re-exported into (a) Russia, Belarus, or any U.S., EU and the United Kingdom embargoed countries, or (b) used or made available to any person or entity on the U.S Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List or Entity List, and any equivalent list in the jurisdiction where the Product and/or other Services are obtained.

Customer  must terminate the use of Teliqon Services or any portion of Teliqon Services if such a usage violates any provisions of this Section.

Customer represents and warrants that it will (and will cause its Authorized User(s) to) access and use Teliqon Services in compliance with all applicable laws and the Agreement. 

Customer is solely responsible for determining whether Teliqon Services are suitable for use in light of any laws and regulations that govern Customer, its industry, or its relationship with its own clients, including consumer protection, privacy, advertising, intellectual property or other laws.

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT Teliqon SERVICES, AND ANY PART OF Teliqon SERVICES, ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE,” AND, EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, Teliqon MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. IN THE EVENT Teliqon MAY NOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 

Teliqon FURTHER DOES NOT REPRESENT OR WARRANT THAT Teliqon SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES Teliqon WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH Teliqon SERVICES.

CUSTOMER ALSO ACKNOWLEDGES AND AGREES THAT Teliqon CANNOT GUARANTEE THAT IP BASED COMMUNICATIONS ARE COMPLETELY SECURE, ERROR OR VIRUS-FREE.

Customer shall indemnify, defend and hold harmless Teliqon for, from and against any and all losses, liabilities, damages, claims (including any and all reasonable attorneys’ fees) as incurred, arising out of or in connection with any third party claim relating to: (i) any use of Teliqon Services by Customer and/or Authorized User(s) (including any actions taken by a third party using Customer’s Account or by any person or entity claiming by or through Customer and/or Authorized User(s) in breach of the Agreement; (ii) Customer’s and/or any Authorized User(s)’ violation of the Agreement (including any terms or policies incorporated by reference herein); and (iii) claims relating to the Customer Data, Personal Data, and/or claims relating to any data transferred by Customer to third parties’ applications, including via Integrations.

Further, Customer shall indemnify and hold harmless Teliqon against all damages, costs, and legal fees awarded against Teliqon by a court or arbitration of competent jurisdiction in connection with such claims or agreed to in a written settlement agreement approved in writing by Teliqon. In the event of such a claim, suit, or action, Teliqon will attempt to provide notice of such claim, suit, or action to the contact information Teliqon has for Customer’s Account (provided that failure to deliver such notice shall not eliminate or reduce Customer’s indemnification obligations hereunder).

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL Teliqon BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, REPUTATIONAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND SUCH AS LOSS OF DATA OR PROFIT, OR BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, HARM TO THE IMAGE OR REPUTATION, WHETHER IN ANY OF THE FOREGOING, ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY EVEN IF Teliqon HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, Teliqon AGGREGATE LIABILITY WILL BE LIMITED TO THE AMOUNT CUSTOMER PAID US FOR Teliqon SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 6 MONTHS PRECEDING THE CLAIM.

The Agreement will commence on the date Customer (represented by its Authorized User) access Teliqon Services and shall continue in force, except the provisions surviving its termination, for the period of usage of Teliqon Services or any portion of Teliqon Services, including the validity of Authorized User Account, unless is terminated for Convenience, or for Cause.

Teliqon reserves the right to terminate the Agreement in case Customer and/or Authorized User(s) have breached these Terms of Service or any other agreement Customer entered into with Teliqon (termination for Cause). As such, where it has been found that Customer and/or Authorized User(s) have breached the Agreement, Teliqon is authorized, in its sole discretion, temporarily deny access to Teliqon Services for such Customer and/or Authorized User(s), so as to afford us with the opportunity to protect Teliqon platform and other Customers and Authorized User(s).

In case of termination of these Terms for Cause, Teliqon may terminate the Agreement with immediate effect with or without a written notice to  Customer. Upon termination of the Agreement, Customer and Authorized User(s) shall cease all usage of Teliqon Services and reasonably cooperate in resolving all financial obligations that may exist to Teliqon.

Teliqon and Customer may terminate the Agreement at any time (termination for Сonvenience).

If Teliqon terminates the Terms for Convenience, Customer and its Authorized User(s) access to Teliqon Services shall automatically terminate. In the event of such termination for Convenience, Teliqon shall refund Customer a pro-rata portion of any unused prepaid fees according to the respective Account balance available at the date of such termination. Customer shall provide Teliqon with all the required bank details in USD to provide such a refund at oi.noqilet@eciffo. Refunds may take up to 60 calendar days. Teliqon shall not be responsible for the refunds that can not be accomplished due to the lack of details required from Customer.

In case Customer terminates the Agreement for Сonvenience or if Teliqon terminates the Agreement for Cause, such Customer shall not be entitled to a refund of any portion of funds which were paid for Teliqon Services or credited to the Account.

This Agreement shall be exclusively governed by and construed under the laws of Estonia, excluding its rules on conflict of laws.

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any breach thereof, which cannot be resolved through amicable negotiations, shall be subject to the exclusive jurisdiction of the competent courts of Tallinn.

Nothing in this Agreement will prevent Teliqon from seeking injunctive relief with respect to a violation of this Agreement or enforcement or recognition of any award or order in any appropriate jurisdiction.

By accessing and/or using Teliqon Services, Customer and Authorized User(s) consent to Teliqon's collection, use, and processing of data in accordance with our Privacy Policy and Data Processing Addendum.

Please review our Privacy Policy, available here and Data Processing Addendum, available here. 

Privacy Policy and Data Processing Addendum  are incorporated to these Terms of Service by reference.

Modification of these Terms of Service. Teliqon reserves the right to update and change these Terms of Service at any time. When such changes are made, Teliqon will publish the latest version of the Terms of Service on the Teliqon Website and update the Last revision date. By continuing to use Teliqon Services or logging in to the Account after the Terms of Service have changed, Customer and Authorized User(s) indicate agreement to the revised Terms of Service. If You or Authorized User(s) do not agree to these changes, You and Authorized User(s) should stop using the Teliqon Service.

Notices. Except where otherwise expressly stated in the Agreement, all notices or other communications must be made in English in writing and sent to the following address:

• a) for Teliqon: via email to oi.noqilet@eciffo;

• b) for Customer: at either the physical address or email address associated with the Authorized User’s Account of Authorized User of the respective Customer, or Authorized User’s Account interface. Customer is solely responsible for the accuracy and completeness of Customer’s physical address and email address and their immediate update upon any change.
  Notices shall be deemed duly given when made in writing and (a) delivered in person, (b) sent by email upon successful delivery confirmation, or (c) five (5) days after being deposited with a recognized courier service. The Customer acknowledges and agrees that electronic notices shall have the same legal force and effect as written notices delivered on paper.

Force Majeure. Notwithstanding anything to the contrary contained elsewhere, Teliqon shall not be liable for unavailability of Teliqon Services caused by circumstances beyond Teliqon reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, war, pandemic, epidemic, technical failures beyond Teliqon reasonable control (including, without limitation, inability to access the internet, unauthorized loss, distribution or dissemination of Customer Data), or acts undertaken by third parties.

Survival. The following Sections shall survive the termination of this Agreement:     Introduction and Acceptance of Terms, Usage rules and restrictions, Intellectual Property Rights, Compliance with the laws, Customer warranties, Teliqon warranties disclaimer, Indemnification, Limitation of liability, Applicable law and dispute resolution.

No waiver. Either party’s failure or delay in exercising any right herein will not operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or future exercise thereof or the exercise of any other right herein.

Entirety. This Agreement constitutes the entire agreement between Teliqon and Customer and supersedes and replaces any and all prior or contemporaneous understandings, proposals, representations, marketing materials, statements, or agreements, whether oral, written, or otherwise, regarding such subject matter.

Invalidity. The illegality, invalidity or unenforceability of any provision of the Agreement shall not affect the legality, validity or enforceability of any other provision.

Independent parties. Parties under these Terms of Service are independent parties and expressly disclaim any franchise, joint venture, agency, employer/employee, fiduciary or other special relationship. The Terms of Service are not intended to create a third-party beneficiary of any kind. Customer and/or Authorized User(s) must not represent to any third party that they have any right to bind Teliqon in any manner and shall not make any representations or warranties on behalf of Teliqon.

Assignment. Customer and/or Authorized User(s) shall not assign or transfer these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of assets, change of control, or operation of law, without Teliqon's prior written consent, which will not be unreasonably withheld. Teliqon may assign these Terms of Service to any affiliate or, in the event of a merger, reorganization, sale of all or substantially all of Teliqon's assets, change of control, or operation of law.