DIMENSIONS TECHNOLOGIES LTD provides and operates an CTI and voice/video over IP (VoIP) telecommunications service, called “Dimensions Connect” (“the Service”), and distributes a VoIP/CTI application for mobile, desktop & CRM platforms, called Connect (“the Application”), to any individual user, whether for personal or business purposes. The Service and the Application, as well as other associated support, maintenance or development services, and more generally all products and services provided by DIMENSIONS TECHNOLOGIES LTD, are described on DIMENSIONS TECHNOLOGIES LTD ’ website, available at *.xarios.cloud (“the Site”).

These General Terms and Conditions apply to the use of the Service and the Application by the User.

1. Definitions

Under these Terms and Conditions, each of the expressions mentioned below will be defined as follows:

• Application: the Connect application for iOS, the Connect application for Android, the Connect plugin for CRM and the Connect application for desktop platforms; downloadable on the User’s Device; published by DIMENSIONS TECHNOLOGIES LTD;
• Personal Data: personal data of the User, processed by the Application, when used by the User;
• Data: data and content, of any kind, provided by the User on the Application, and processed by the Application;
• DIMENSIONS TECHNOLOGIES LTD, whose head office is located at Jactin House, 24, Hood Street, Ancoats, Manchester M4 6WX UK, Company Registration Number 14155203.
• Service: Dimensions Technologies Ltd’’s VoIP service for audio/video calling and computer telephony integration, using the open protocol SIP (Session Initiation Protocol), allowing Users access via the Application, under the conditions set forth in these T&Cs;
• Site: *.xarios.cloud website, published and operated by DIMENSIONS TECHNOLOGIES LTD, describing and updating the functionalities and prerequisites of the Service; and allowing access to the Service and download of the Application;
• Device: a fix or mobile telecommunication device with Internet access, such as a smartphone, tablet, hardware phone, or personal computer (PC), which allows the Application to be downloaded and the Service to be used, in accordance with the prerequisites indicated at the time of download;
• User: natural person having downloaded and using the Application or the Service, for personal or professional purposes;
• Contact Person: natural person, User of the Service, with whom the User interacts via the Application.

2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

The purpose of these General Terms and Conditions of Use (hereinafter referred to as the “T&Cs”) is to define the conditions under which the User may access the Application and take advantage of all the functionalities of the Service.

These T&Cs are accessible at any time on the Application and on the Site. Downloading the Application and subscribing to the Service are subject to the User’s full and reserved acceptance of these T&Cs. DIMENSIONS TECHNOLOGIES LTD reserves the right to amend or supplement at any time the present T&Cs which will, in such a case, be subject to a new acceptance by the User.

3. SERVICE DESCRIPTION

The “Dimensions Connect” (the Service) offers the following main features:

• Audio over IP calls ;
• Outbound dialling via CTI ;
• Inbound call notifications via CTI ;
• Access to User call history data;
• Visibility of other user’s status;
• Integration to CRM services where applicable including screen popping and call log creation;

This list of services is not exhaustive and may be revised, supplemented or limited at any time by DIMENSIONS TECHNOLOGIES LTD, which the User expressly acknowledges, without this modification giving rise to compensation for the User.

4. ACCESS TO THE SERVICE

4.1. User Account

To access the Service, the User must use a Device compatible with the technical prerequisites indicated on the Site, and access the Site giving access to the Service, or download the Application from the Site, or from a store (Google Play Store, Apple Store).

DIMENSIONS TECHNOLOGIES LTD shall not be held liable for any direct or indirect damage suffered by the User or by third parties resulting from fraudulent access to the User’s personal Account, resulting from the disclosure of his or her Ids (username or password) or from a security breach on the User’s Device.

5. INTELLECTUAL PROPERTY

5.1. Intellectual Property

The Application, the Service, and all the elements composing it (in particular its source code, its graphic charter and its database) are protected by the intellectual property code in UK and by foreign legislation and are the property of DIMENSIONS TECHNOLOGIES LTD, to the exclusion of software components developed and distributed by third parties, and Data published by third parties, or by the User. Any modification of the source code of the Application and distribution of a derivative version is not permitted.

In particular, any reproduction and modification of the logo of the Application, as well as the “Connect” or “Dimensions Connect” brand, which are the exclusive property of DIMENSIONS TECHNOLOGIES LTD, remains strictly prohibited.

The exchange, rental and transfer to a third party of these elements or contents are strictly prohibited, without prior written agreement of the copyrights holders.

Likewise, any assignment, transmission, or distribution, for commercial or non-commercial purposes, of User Accounts of the Service, even with mention of copyright notices, is prohibited. In other words, any “resale” of the Service “as is” is strictly prohibited, without this restriction being considered as an infringement of the User’s rights.

5.2. Sanctions

Any violation of the terms of this article will result in the termination of the User’s rights to use the Service, upon written notice from DIMENSIONS TECHNOLOGIES LTD, as well as the immediate closure of his User Account. Furthermore, in the event of a termination of the License, DIMENSIONS TECHNOLOGIES LTD reserves the right to take action for infringement or to bring any other useful action against the User in order to enforce its intellectual property rights and claim for damages.

6. USER COMMITMENTS

The Application is used under the sole responsibility of the User, who undertakes to respect the rights of the Contacts, and to refrain from any illicit data collection, as well as to comply with the rules set forth in this article regarding the dissemination of Content.

6.1. Call Capture

DIMENSIONS TECHNOLOGIES LTD shall not be held liable, in its capacity as host of the Application, for any unauthorized capture of a call, whether audio or video, as well as the image or words of a Contact Person. Consequently, the User guarantees DIMENSIONS TECHNOLOGIES LTD against any recourse, complaint, or claim from a Contact Person or any physical person, whose image or words have been captured and/or broadcast by the User without his prior authorization; and related to the unauthorized capture, use, or broadcast of this call, as well as to their hosting by the Application. Consequently, the User guarantees DIMENSIONS TECHNOLOGIES LTD against any indemnity or sentence that may be imposed on it as a result of such action.

6.2. Unlawful content

When using the Application, the User undertakes not to upload on, include in or disseminate via the Application any content that is unlawful, contrary to laws and regulations, public order or morality.

In its capacity as host of the Service, DIMENSIONS TECHNOLOGIES LTD reserves the right to delete any patently unlawful content, whether or not upon request for deletion by a third party, and to suspend the User’s Account and access to the Service without delay and without prior formal notice. More generally, DIMENSIONS TECHNOLOGIES LTD reserves the right to delete any content that violates these T&Cs, without prior notice and at its sole discretion. Furthermore, DIMENSIONS TECHNOLOGIES LTD reserves the right, in such a case, to terminate the account of the User concerned, with 8 days’ notice.

7. DATA SECURITY

7.1. User Account Security

The User is responsible for the security of his User Account and the confidentiality of the Data stored therein.

Thus, it is particularly recommended to the User:

• to choose a strong password to access to its User Account (8 characters minimum, with at least one upper case, one lower case, one number and one special character);
• to install an antivirus on his Device,
• to lock his Device with a password or reinforced means of identification, such as biometrics (fingerprint or facial recognition);

8. SERVICE AVAILABILITY

DIMENSIONS TECHNOLOGIES LTD undertakes to make all reasonable efforts to ensure the permanence, continuity and quality of service in accordance with the best common practices of the business.

DIMENSIONS TECHNOLOGIES LTD reserves the right to suspend access to the Service for possible maintenance or Service improvement operations.

The User hereby acknowledges that fluctuations in the bandwidth and contingencies of the access provider, or interruption of the Service ordered by an administrative or jurisdictional authority may result in suspending access to the Service, without DIMENSIONS TECHNOLOGIES LTD’s consent.

9. NO WARRANTY - SUPPORT EXCLUSIONS

Pursuant to Section 15 of the License DIMENSIONS TECHNOLOGIES LTD does not warrant that the operation of the Application, and thus of the Service, will be uninterrupted or free of anomalies or malfunctions.

In addition, DIMENSIONS TECHNOLOGIES LTD, on its Site, resources to help the User use the Service (functional documentation, screenshots, videos

10. DIMENSIONS TECHNOLOGIES LTD’s LIABILITY

DIMENSIONS TECHNOLOGIES LTD shall not be liable for the performance, non-performance or malfunction of the Service or the Application, to the extent permitted by applicable law.

This clause is without prejudice to the rights of Users under any applicable legal warranties.

11. APPLICABLE LAW - DISPUTE RESOLUTION

The present Terms and Conditions shall be governed by and construed in accordance with English law and the User submits to the exclusive jurisdiction of the English courts..