Terms of Service

These Terms of Service, which are made effective on November 13, 2011, are entered between Humbug Telecom Labs, Ltd., an Israeli Limited Liability Company (hereinafter: Humbug), and yourself, an individual acting for himself or as a designated agent of a legal entity.
  1. Registration and Eligibility: In order to use Humbug's services, as defined in this Agreement, you shall have to provide Humbug with some information, and / or to install software on your PBX, and / or to connect via API. By entering into this Agreement, you hereby agree to the following terms:
    1. Registration Process: In your registration process, you shall have to provide Humbug with personal information, as well as a valid email address, and / or configure software on your PBX. During the process, Humbug shall provide you with an API key which shall be used to communicate between your network and Humbug's services.
    2. True, Valid and Real Information: You hereby warrant that the information you provide Humbug is true, valid and real and that it does not contain any false misrepresentation.
    3. Designated Agent: If your registration to the service was made as a designated agent, you hereby warrant that you are duly authorized by the legal entity which you registered on behalf and that such legal entity has the capacity to enter into this Agreement.
    4. Authentication: Upon registration, Humbug shall authenticate the validity and use of your email account by sending you a confirmation link.
    5. Title of API Key: You, as the first user who registered and opened the user account, shall be the person who is considered as the administrator of the PBX and the API key and shall be the sole person who controls the access to other persons to any end-equipment operating this API key.
    6. Eligibility: By entering into this Agreement, you hereby warrant that (i) you are either over 18 years of age or obtained the consent of your legal guardian to enter into this Agreement; (ii) you were not prohibited by any legal authority or legislation from entering into this Agreement; (iii) you have not filed for bankruptcy, liquidation or otherwise entered into an agreement with your creditors that inflicts on your ability to enter into agreements; (iv) you do not reside in a proscribed state or were otherwise prohibited with dealing with corporations located in the state of Israel.
    7. Passwords: You will keep your passwords in complete and utmost secrecy and shall not disclose them to any 3rd party. You shall be solely liable for any use made using your passwords even if such use was not made with your consent. Upon knowledge of any unauthorized use of your passwords, you shall promptly notify Humbug that your user account password was compromised and request that your password will be changed. If you, by any chance, lose your password, then Humbug shall send you, by electronic mail, a link which shall provide you with an option to reset your password.
    8. User Accounts: You can manage multiple accounts and provide multiple users with access to your Humbug Account, provided that such users register personally to Humbug's services and agree to these terms.
    9. Notification: Should you use Humbug to manage any information of any 3rd parties, including your customers, employees, contractors or service providers, you shall provide them a copy of these terms, including this privacy policy, and notify them that Humbug retains personal information which is relevant to them; moreover, you shall request them to adhere to these Terms or not to use the Services.
  2. Services: Humbug shall provide you with one or more of the following services, which may be amended from time to time and/or extended by Humbug. Humbug may charge fees for some of these services and/or terminate them for each user or solely to yourself for any reason. Please note that the services provided under articles 2.2 to 2.4 come with absolutely no warranty and that Humbug cannot locate, detect or prevent all fraudulent and unauthorized use. Humbug shall collect and retain information regarding your use of your PBX and other telephony service, analyze it and process it, in order to provide you with the following services:
    1. Analytics: Humbug shall provide you a web-based panel which shall furnish you with analytics, insights and other information in regards to your use of your PBX and other telephony services.
    2. Fraud Detection: Humbug shall analyze and process your call records and other information in order to provide you with reports of discrepancies, fraud attempts, unauthorized use, security breaches or other means which are used to defraud you in any form.
    3. Blacklist Retention and Use: Humbug may use a global list of rules or telephone numbers which shall be blocked and considered as fraudulent. Should you allow Humbug to do so, it may also process and use your call records in order to process and create such lists and profiles and to allow aggregated information to be processed into such lists.
    4. Fraud Prevention: Humbug shall attempt and exercise efforts to block unauthorized use of your PBX or other telephony equipment based on is business intelligence and other profiles and intellectual property.
    5. Monitoring: Humbug shall provide you with a web-based panel to monitor and display use of your actual use of your PBX and telephony equipment.
    6. Mobile Application: Humbug shall provide you with mobile application to submit information to the Humbug Service and to monitor and report on such use.
    7. Business Intelligence: Humbug shall provide you with services and reports which include business intelligence.
  3. Access and Abuse: In order to access the Humbug Services, you shall either install Humbug's end user software on your PBX, access it through API or use any authorized 3rd Party plug-in. Humbug may, at its sole discretion, terminate your access should you abuse the service, use it in an unfriendly manner or through repetitive submissions, attempt to circumvent Humbug's fraud detection, grant access to unauthorized 3rd parties or 3rd party plug-ins, or otherwise use the service in any manner that harms Humbug's end-equipment or circumvent Humbug or its users from accessing services. You may access Humbug's services either through Humbug's web panel, register to periodical reports, newsletters or alerts.
  4. Intellectual Property: By using the Services, you shall be granted access to Humbug's intellectual property. Apart from where specifically stipulated herein, nothing shall convey any title in such intellectual property, license you to use or distribute it or otherwise grant you any rights therein.
    1. Software License: Should you request to install Humbug's end user software on your PBX or mobile device, you shall do so solely under the terms of the end-user-license- agreement provided with such software, which may be amended from time to time by Humbug.
    2. Lists, Profiles and Trade Secrets: Humbug shall have the sole title in any list, profile or other information generated from your use of the Services, including aggregated information, algorithms and other business intelligence resulting from the use of the Services.
    3. Trademarks and Patents: Humbug shall retain all and any rights in its trademarks, patents trade names, goodwill and business names. Nothing in this Agreement shall be deemed as a grant of license in such intellectual property.
    4. Copyright: You are hereby granted with a limited, revocable, temporary and unassignable license to use and display any of Humbug's copyrighted works required to perform services. You may not copy, publish, distribute, alter, amend, change or modify any of Humbug's intellectual property in any way and shall refrain from granting any of such rights to any 3rd party.
    5. Crawling: You are specifically prohibited from using any automated means to harvest, parse, copy, collect or distribute any information provided to you by the Service or to resell or otherwise allow 3rd parties to use Services on your behalf, or to use Services on behalf of any 3rd party.
  5. Support: Humbug may provide you support for the Services, all in accordance to these terms. The support services shall be provided on an as-is and as-available basis, if provided at all, and may be provided by either Humbug, 3rd parties or users such as yourself. Please note that different kinds of users may receive different kinds of support.
    1. Ticketing: Humbug shall provide you with a web-based service to submit support tickets, as well as requests and information regarding any flaw in any of the services.
    2. Response: Humbug shall take reasonable steps to respond to any ticket, where the maximum term for the first response shall be 7 business days for a paying customer and 30 business days for a non-paying customer.
    3. Humbug's Discretion: Humbug shall have the sole discretion as to any classification of the support request, including deciding not to manage it or to avoid fixing it. Humbug shall commence its work on any report in accordance to its internal roadmap and with consideration to its limited resources.
    4. Feature Requests: You may submit Humbug with requests for additional features in services, provided, however, that (i) you shall waive any claim or right in such feature should feature be developed by Humbug; (ii) you shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Humbug or any 3rd party which may be, following the development of such feature, in direct competition with Humbug; (iii) you warrant that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) you developed, envisioned or created the feature solely by yourself.
  6. User Submissions and User Generated Content: By either providing Humbug with textual, visual or audio material to submit in its forums, support or other user generated content areas, You hereby accept Humbug User Generated Content Policy as set forth. You acknowledge that any violation of the User Generated Content Policy may cause termination of Your Service, removal of any content created and legal action by both Humbug and the person whose rights were infringed. For the purpose of this Policy, the term Content shall refer to: (i) images and/or text used in any user submission or describing them; (ii) images used to create personal photographs through Service; (iii) description, text and information processed through Service; (iv) comments, information and/or submissions made through forums, support or other user generated content.
    1. Warrant: You hereby warrant that You are either the sole proprietor or a designated licensee of any Content You process through service and that no other party’s rights are infringed or violated by using Content and Service. You moreover warrant that no legal claim, dispute or lawsuit was filed against You or threatened against You for using Content.
    2. Copyright License: You hereby license Humbug an irrevocable, permanent, unlimited, world-wide, royalty-free, sublicensable, non-exclusive license to use Your Content and to allow users to use Your Content according to the functionality of the Services and through other 3rd party services, including the creation of derivative works and the creation of three dimensional works.
    3. Trademarks: You hereby license Humbug an irrevocable, permanent, unlimited, world- wide, royalty-free, sublicensable, non-exclusive license to use and display any Trademarks associated with Your Content according to the functionality of Service.
    4. Offensive Content: You hereby warrant that Your Content is not offensive and does not infringe the right of any 3rd party, including, but not only:
      1. Intellectual Property Infringing: Your Content does not infringe any 3rd party copyright, design, patent, trademark, trade secrets or any other intellectual property rights.
      2. Pornography: Your Content does not contain any image including nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene Content.
      3. Slanderous: Your Content does not slander, defame or otherwise harm the good name of others.
      4. Scams: Your Content is not used to initiate any scam, pyramid scheme, phishing or otherwise any use which may be used to extract goods and/or money from others, including any virtual property.
    5. Notice and Takedown Mechanism: In order to protect Your rights, Humbug has set up this Notice and Takedown Mechanism to help You protect Your Content and to ensure that no unauthorized use is made.
    6. Prescreen: You acknowledge that Humbug cannot pre-screen all Content, but that it shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or User that is available via the Service. Humbug shall have the right to remove any Content or User that violates these terms or is otherwise objectionable.
    7. Disclosure of Content: You acknowledge and agree that Humbug may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any Content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of Humbug, its users, and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    8. Harmless: You agree and warrant to hold Humbug and Users harmless and to immediately indemnify Humbug or Users for any claim of copyright infringement, trademark dilution or patent infringement for any use of Content according to these terms. You also agree to indemnify Humbug and/or users for any 3rd party lawsuit for Copyright infringement due to their use of Content made available by You.
    9. Cease and Desist: Humbug values others your Rights, and therefore shall comply with all state regulations regarding 3rd party rights. Should you encounter any Content which you believe to be in violation of any of Your rights, good name or copyrights, Please file an infringement complaint to our Content officer: abuse@humbuglabs.org; Our officer shall examine your complaint and shall forward it to the user who published said Content for his answer. Should your complaint be false, harassing or in order to prevent legal use of service, you shall bear all liability to compensate the user which you reported as infringing and/or Humbug. In your complaint you will be required to inform us with: (i) a written statement regarding what Content infringes your rights and proof that You hold those rights; (ii) what is the exact URL of the Content; (iii) notification that you believe that the use made by the Content is not considered fair-use, criticism, consumer protest or any other protected speech.
      1. Moderation: Pursuant to any Cease and Desist notification, and promptly thereafter, Humbug shall moderate the Content and review your request; Humbug shall notify the User who posted the Content on Your complaint, including Your information and request his response.
      2. Removal or Restoration: Should the User who posted the content fail to respond within 96 hours, Humbug shall remove the Content; had he responded, Humbug shall inspect his response and had there any material questions of fact or law arise, shall forward his personal information directly to You so you could commence litigation over Your complaint.
      3. Indemnification: You hereby warrant and agree to hold Humbug harmless and to indemnify Humbug for any damage, loss, expense, legal expense or cost incurred as a result of (i) Your posting of any content in direct violation of Humbug User Generated Content Policy, including any false representation; and/or (ii) any claim, complaint or notification filed maliciously or negligently against any User where no such claim had any legal standing.
  7. Payment and fees: In consideration of Humbug's services, you hereby undertake to pay Humbug with the fees specified in Humbug's fees webpage, as they may be updated from time to time.
    1. Methods of Payment: The payment shall be made via credit card, direct wire transfer or any other mean deemed acceptable by Humbug.
    2. Payment Date: Payment to Humbug shall be made on a monthly billing cycle, which shall commence when you register to each service. The payment shall be made on the last day of each billing cycle month for the services rendered during this month.
    3. Effect of Non-Payment: Humbug may cancel or terminate your Services and/or user account in cases where the due payment was not paid within 7 days.
    4. Fees and Costs: The fees in Humbug's pricing packages shall be according to the number of Call Data Records processed, where the price shall be for a fixed number of CDRs and cost for each additional record. The fees shall be per user account.
    5. VAT and Taxes: If applicable, VAT shall be added to the fees collected by Humbug.
    6. Refunds: As the services provided to you are provided both as a personalized service and by intangible goods, you shall never, to the extent permitted by law, be entitled to any refund, rebate, discount or restitution.
  8. Privacy Policy: Humbug values your privacy and has therefore created this Privacy Policy to help you understand your rights and obligations in regards to your private data. Please note that while performing its services, Humbug shall have access to personal and sensitive information of both yourself and others using your PBXs or other telephony services. Prior to accepting this User Agreement, Humbug requires that any person who might be affected by this Privacy Policy shall be notified and consent to Humbug's Privacy Policy, including your employees, contractors, end-users. You shall have the sole liability to present them with this Privacy Policy and obtain their consent, and hereby warrant to indemnify Humbug against any claim brought against it by any end-user of your end-equipment.
    1. What Personal Information Is Retained? During your use of the services, Humbug shall retain and process some personal information, including the personal information you provided it, such as your name, email, country, full address, zip code and payment and billing details. Moreover, Humbug shall also collect and retain your Call Data Records, events, configuration, downtime and uptime and other access logs, as well as profiles about your end users.
    2. Who Has Access to this Information? Humbug shall provide access to this Information to persons which you configured to access this information, such as linked accounts, as well as Humbug's employees and staff. Moreover, in cases where Humbug is presented with an authorized legal order, it may avail such information to 3rd parties such as law enforcement agencies.
    3. How is the Information Processed? Humbug processes your information into user profiles and behavioral information in order to monitor and detect unauthorized use, fraud or other unwanted uses, as well as to generate reports and alerts. Moreover, Humbug uses some of your personal information and some of the information you send Humbug through the Collector or the API, in an aggregated, non-personally identifiable, manner to collect and track fraud and to create fraud detection mechanisms.
    4. 3rd Parties: Humbug also uses 3rd party services to analyze and monitor use of its services, such as Google Analytics; however, such 3rd parties shall not have access to your personal information or call data records retained by Humbug unless you specifically grant them access to it. You hereby warrant that you inspected their respective privacy policies and provided them with such consent.
    5. Can You Review the Information Retained? Yes, Humbug shall provide you with the Services to review information retained about yourself and to correct or amend it, if required.
    6. Can You Remove or Delete Your Information? Yes, Humbug shall remove and delete any information upon your request made by electronic mail to Privacy@humbuglabs.org, provided that you provided Humbug with sufficient proof about your identity.
  9. Uptime and availability: Humbug's services are provided on an as-is and as-available basis and may experience downtime. Humbug makes no representation about the availability of the Services. Should you experience more than 10% downtime per each billing cycle, then Your sole remedy in cases of unavailability of the services shall be a future credit of twice the downtime in days up to 100%. Apart from presented in this clause, you shall not be entitled to any damage arising from such downtime.
  10. Liability: For no case and for no reason shall Humbug be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any user or any 3rd party due to its misperformance of duties herein. Humbug provides Service on an AS-IS and AS-AVAILABLE basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, user account information including login information, billing, loss of profit, loss of good name, all resulting from the use, inability to use, or errors in Services rendered by Humbug.
  11. Warranty: Humbug does not warrant for Service and supplies it on an “as-is” and “as- available” basis. Your Use of Service is at your own risk and under your liability. Humbug makes no warranty that (i) the Service will meet your requirements and (ii) the Service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the use of the Service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through Service will meet your expectations, or (v) any errors in the Service will be corrected.
  12. Termination: Humbug may, at its sole discretion, terminate these terms, Service or any other service rendered by it due to any reason, for any user, including yourself, or with no reason at all or for any reason, including, without limitation, for lack of use or if Humbug believes that you have violated or acted inconsistently with the understandings or spirit of the Terms. Humbug may also, in its sole discretion, and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms may be effected without prior notice, and acknowledge and agree that Humbug may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Humbug shall not be liable to you or any 3rd party for any termination of your access to the Service.
  13. 3rd Party Advertisements: Humbug also uses 3rd party services to analyze and monitor use of its website, such as Google Analytics and any other 3rd party which may request your consent to monitor your use; however, such 3rd parties shall not have access to your personal information retained by Humbug unless you specifically grant them access to it. Therefore, you hereby warrant that prior to your giving them such access you have inspected their respective privacy policies and provided them with such consent.
  14. Amendments: Humbug may amend, from time to time, these terms and shall notify you as these amendments are made, as long as such amendments shall come into effect on your next billing cycle. Should you decide that any amendment in these terms does not constitute as your understanding with Humbug, you may, at your own will, terminate these terms and terminate your User Account. All Content shared shall remain stored on Service and shall be used according to Humbug’ Policies and amended terms of service. In no case will these TOS have any retroactive change nor would they apply on Your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in these terms.
  15. Entire Agreement, Waiver: These terms constitute the entire understandings between parties and will only be amended in writing. No waiver to perform any Humbug’s rights under this agreement shall constitute amendments of it.
  16. Governing Laws, Jurisdiction, No Class Action: These terms shall be solely governed by the laws of the state of Israel, including their statutes regarding conflict of laws and may be solely brought to the competent courts of the Tel-Aviv-Jaffa District. You undertake not to initiate any class action, for any reason, against Humbug and to claim your damages only according to this agreement.