Terms and Conditions
END-USER LICENCE AGREEMENT
CloudPBX4U
Last updated: [September 2026]
PLEASE READ THIS END-USER LICENCE AGREEMENT (“EULA”) CAREFULLY BEFORE USING THE APP. BY TAPPING “I ACCEPT” OR BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, DO NOT USE THE APP AND UNINSTALL IT FROM YOUR DEVICE.
1. WHO WE ARE AND HOW THIS EULA WORKS
1.1.
This EULA is a binding agreement between you (“you” or “user”) and Vox Telecommunications (Pty) Ltd.
1.2.
We are the publisher of the App. We provide the software technology that powers the App.
1.3.
Your communications service is provided by your Service Provider, not by us. The voice calling, messaging, or other communications functionality that you access through the App is provided by a separate company — your Service Provider (defined below). Your Service Provider has its own terms of service and privacy policy that apply to the communications service.
1.4.
This EULA governs your use of the App software and platform. Your Service Provider’s terms govern the communications service. Both sets of terms may apply to you simultaneously.
2. DEFINITIONS
In this EULA:
2.1.
“App” means the CloudPBX4U mobile application, including all updates, upgrades, and new versions.
2.2.
“Content” means any text, images, audio, video, data, or other material transmitted, received, or stored through the App.
2.3.
“Device” means a smartphone, tablet, or other compatible device on which you install the App.
2.4.
“Intellectual Property” means all patents, trade marks, copyright, designs, trade secrets, know-how, source code, object code, and all other intellectual property rights, whether registered or unregistered.
2.5.
“Platform” means the software infrastructure operated by us that powers the App and enables Service Providers to deliver communications services to their customers.
2.6.
“Service” means the communications functionality provided to you through the App by your Service Provider, including voice over internet protocol (VoIP) calling, messaging, video calling, voicemail, call management features, presence/status information, and related communications features made available through the App.
2.7.
“Service Provider” means the company that provides you with the communications service through the App. Your Service Provider is identified during the registration process. Your Service Provider may be an authorised reseller or channel partner of Vox, but remains a separate legal entity from us and is not authorised to act as our agent, bind us, vary this EULA, or make warranties or representations on our behalf unless expressly authorised by us in writing.
2.8.
“Service Provider Terms” means the terms of service, acceptable use policy, privacy policy, and any other terms that your Service Provider requires you to accept in connection with the Service.
2.9.
“POPIA” means the Protection of Personal Information Act 4 of 2013.
2.10.
“CPA” means the Consumer Protection Act 68 of 2008.
2.11.
“ECTA” means the Electronic Communications and Transactions Act 25 of 2002.
3. ABOUT THE APP, THE PLATFORM, AND THE SERVICE
3.1.
The App is a software application developed and operated by us. It provides the technology platform through which your Service Provider delivers communications services to you.
3.2.
What we are responsible for: We are responsible for the App software, the Platform infrastructure, and the technology that enables the Service. We are responsible for the security and availability of the Platform.
3.3.
What your Service Provider is responsible for: Your Service Provider is responsible for the communications service itself, including:
3.3.1.
your account and registration for the Service;
3.3.2.
the quality, features, and availability of the communications service;
3.3.3.
billing, fees, and payment for the Service;
3.3.4.
customer support for the Service;
3.3.5.
compliance with applicable telecommunications laws and regulations; and
3.3.6.
the Service Provider Terms.
3.4.
We do not control your Service Provider. We do not control, endorse, or guarantee your Service Provider’s services, pricing, marketing, customer support, or conduct. Any questions, complaints, or disputes regarding the communications service should be directed to your Service Provider, not to us.
3.5.
The Service requires an active internet connection (Wi-Fi or mobile data). The quality and availability of the Service depend on your internet connection, your Device, your Service Provider’s network, and factors outside our control.
3.6.
You are responsible for obtaining and maintaining your own internet connection and for any data charges imposed by your mobile network operator or internet service provider.
3.7.
Device Permissions. To deliver voice and video communication services, the App requires access to your Device’s microphone, camera, and contact lists. By using the App, you grant us and our underlying softphone technology providers permission to access, transmit, and temporarily store this data solely for the purpose of facilitating your communications.
4. IMPORTANT: EMERGENCY CALLING
THIS SECTION CONTAINS IMPORTANT INFORMATION ABOUT LIMITATIONS ON EMERGENCY CALLING. PLEASE READ IT CAREFULLY.
4.1.
Emergency calls made through the App may NOT function in the same way as calls made through a traditional mobile or landline telephone service. In particular:
4.1.1.
The App may not be able to transmit your location to emergency services.
4.1.2.
Emergency calls require an active internet connection and may fail if your connection is interrupted, slow, or unavailable.
4.1.3.
Emergency calls may not connect in all circumstances.
4.2.
You should NOT rely on the App as your sole means of contacting emergency services.
4.3.
By using the App, you acknowledge and accept these limitations on emergency calling.
5. LICENCE GRANT
5.1.
Subject to your compliance with this EULA, we grant you a limited, non-exclusive, non- transferable, revocable, personal licence to download, install, and use the App on your Device(s), solely in connection with the Service provided by your Service Provider.
5.2.
This licence is conditional on you having a valid, active account with a Service Provider. If your account with your Service Provider is terminated or suspended, your licence to use the App may also be terminated or suspended.
5.3.
This licence does not transfer any ownership of the App or any Intellectual Property to you. All rights not expressly granted in this EULA are reserved by us.
6. YOUR OBLIGATIONS
6.1.
Account registration. You must provide accurate, current, and complete information when creating your account. You must keep your account information up to date.
6.2.
Account security. You are responsible for maintaining the confidentiality of your account credentials. You must notify us and your Service Provider immediately if you become aware of any unauthorised use of your account.
6.3.
Lawful use. You must use the App and the Service in compliance with all applicable laws.
6.4.
Prohibited conduct. You must not:
6.4.1.
use the App for any unlawful, fraudulent, or harmful purpose;
6.4.2.
use the App to harass, threaten, defame, or abuse any person;
6.4.3.
use the App for unsolicited bulk communications (spam), robocalling, or number spoofing;
6.4.4.
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App;
6.4.5.
copy, modify, distribute, sell, lease, sublicense, or create derivative works of the App;
6.4.6.
circumvent, disable, or interfere with any security features of the App or the Platform;
6.4.7.
use the App in any manner that could damage, disable, overburden, or impair the Platform;
6.4.8.
impersonate any person or entity; or
6.4.9.
use the App in violation of any third party’s rights.
6.5.
Service Provider Terms. You must also comply with your Service Provider’s terms of service. If there is a conflict between this EULA and your Service Provider Terms regarding the communications service, your Service Provider Terms govern the communications service. If there is a conflict regarding the App software or Platform, this EULA governs.
7. FEES AND SUBSCRIPTIONS
7.1.
We do not charge you directly for the App. The App is provided to you as part of the service offering of your Service Provider.
7.2.
Your Service Provider may charge you fees for the communications service, including subscription fees, calling charges, or other fees. Those fees are governed by your Service Provider Terms and are collected by your Service Provider, not by us.
7.3.
We are not responsible for your Service Provider’s fees, billing practices, refund policies, or payment processing.
8. INTELLECTUAL PROPERTY
8.1.
All Intellectual Property in and to the App and the Platform, including the software, design, user interface, graphics, and all related documentation, belongs to us or our licensors.
8.2.
Your Service Provider may display its own trade marks, logos, and branding within the App. Those trade marks belong to your Service Provider or its licensors, not to us.
8.3.
Nothing in this EULA transfers any Intellectual Property to you.
9. PRIVACY
9.1.
Your use of the App is governed by our Privacy Policy, available at https://www.vox.co.za/cloudpbx4u-reseller-tcs. The Privacy Policy explains how we collect, use, store, share, and protect your personal information in connection with the App and the Platform.
9.2.
Your Service Provider may have its own privacy policy that applies to the personal information it collects and processes in connection with the communications service. You should review your Service Provider’s privacy policy separately.
9.3.
We process your personal information in accordance with POPIA. You have the right to access, correct, and object to the processing of your personal information, and to lodge a complaint with the Information Regulator of South Africa. See our Privacy Policy for details.
10. IMPORTANT: DISCLAIMERS AND LIMITATION OF LIABILITY
THIS SECTION LIMITS OUR LIABILITY TO YOU. PLEASE READ IT CAREFULLY. NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY RIGHTS THAT YOU HAVE UNDER APPLICABLE LAW THAT CANNOT BE EXCLUDED OR LIMITED BY AGREEMENT, INCLUDING YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT 68 OF 2008.
10.1.
“As is” disclaimer.
The App and the Platform are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2.
No guarantee of availability.
We do not warrant that the App or the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
10.3.
Service Provider disclaimer. We are not responsible for the communications service provided by your Service Provider. Without limiting the generality of the foregoing, we are not responsible for:
10.3.1.
the quality, availability, reliability, or performance of the communications service;
10.3.2.
any acts, omissions, errors, or negligence of your Service Provider;
10.3.3.
your Service Provider’s billing, fees, refund policies, or payment processing;
10.3.4.
your Service Provider’s compliance with applicable laws, including telecommunications laws, POPIA, or the CPA;
10.3.5.
any loss or damage arising from your Service Provider’s breach of its terms of service or privacy policy; or
10.3.6.
any dispute between you and your Service Provider.
10.4.
Limitation of liability. To the maximum extent permitted by applicable law:
10.4.1.
our total aggregate liability to you for all claims arising out of or in connection with this EULA or your use of the App, whether in contract, delict (tort), or otherwise, will not exceed the total fees (if any) paid by you directly to us in the twelve (12) months immediately preceding the event giving rise to the claim;
10.4.2.
we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, loss of goodwill, or business interruption; and
i.
we will not be liable for any loss or damage arising from:
ii.
the communications service provided by your Service Provider;
iii.
your internet connection, Device, or mobile network;
iv.
circumstances beyond our reasonable control; or
v.
the emergency-calling limitations described in clause 4.
10.5.
Consumer rights preserved. Nothing in this clause 10 excludes or limits:
10.5.1.
our liability for fraud, gross negligence, or intentional misconduct;
10.5.2.
our liability for death or personal injury caused by our negligence;
10.5.3.
any liability that cannot be excluded or limited under the CPA or any other applicable law; or
10.5.4.
your right to claim damages under section 61 of the CPA, to the extent applicable.
11. SUSPENSION AND TERMINATION
11.1.
Termination by you. You may terminate this EULA at any time by uninstalling the App.
11.2.
Suspension or termination by us. We may suspend or terminate your access to the App if:
11.2.1.
you breach this EULA;
11.2.2.
your account with your Service Provider is terminated or suspended;
11.2.3.
your Service Provider’s agreement with us is terminated or suspended;
11.2.4.
we are required to do so by law; or
11.2.5.
we discontinue the App or the Platform (in which case we will give reasonable prior notice where practicable).
11.3.
Effect of termination. Upon termination, your licence to use the App terminates immediately.
12. UPDATES AND CHANGES
12.1.
We may release updates to the App from time to time. Some updates may be required for continued use.
12.2.
We may amend this EULA from time to time. Updated terms, once published, will be accessible under My Account → Settings → Terms and Conditions.
12.3.
Your continued use of the App after the effective date of the amended EULA constitutes your acceptance. If you do not agree, you must stop using the App and uninstall it.
13. GOVERNING LAW AND DISPUTES
13.1.
This EULA is governed by the laws of the Republic of South Africa.
13.2.
Any dispute arising out of or in connection with this EULA will be subject to the jurisdiction of the South African courts.
13.3.
Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.
13.4.
Disputes about the communications service. Any dispute regarding the communications service, billing, or customer support should be directed to your Service Provider in accordance with your Service Provider Terms. We are not a party to disputes between you and your Service Provider.
14. GENERAL
14.1.
Entire agreement. This EULA, together with our Privacy Policy, constitutes the entire agreement between you and us regarding the App and the Platform. Your Service Provider Terms are a separate agreement between you and your Service Provider.
14.2.
Severability. If any provision of this EULA is found to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect.
14.3.
No waiver. Our failure to enforce any provision does not constitute a waiver.
14.4.
Assignment. You may not assign your rights or obligations under this EULA without our prior written consent. We may assign our rights and obligations upon notice to you.
14.5.
Force majeure. We will not be liable for any failure or delay caused by circumstances beyond our reasonable control.
14.6.
No agency. Nothing in this EULA creates any agency, partnership, joint venture, or employment relationship between you and us, or between us and your Service Provider.
15. APP STORE TERMS
15.1.
If you downloaded the App from the Apple App Store:
15.1.1.
This EULA is between you and us, not Apple Inc. (“Apple”). Apple is not responsible for the App or its content.
15.1.2.
Apple has no obligation to provide any maintenance or support services for the App.
15.1.3.
If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
15.1.4.
Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
15.1.5.
In the event of any third-party claim that the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
15.1.6.
Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
15.1.7.
You represent and warrant that: (i) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
15.2.
If you downloaded the App from the Google Play Store:
15.2.1.
This EULA is between you and us, not Google LLC (“Google”).
15.2.2.
Your use of the App is also subject to the Google Play Terms of Service.
15.2.3.
Google is not responsible for the App or its content and has no obligation to provide maintenance, support, or warranty services for the App.