License Grant

Secure IP Telecom, Inc. (named hereinafter in this agreement as SECURE IP) is the owner of all rights, title and interests of the brand America Voice, Tu Hablas Mas and its Service. SECURE IP has granted a license to retail distributors so that retail distributors acquiring end-users utilize the America Voice and Tu Hablas Mas Service as set forth herein. SECURE IP hereby grants to you, and you accept, a nonexclusive, nontransferable sublicense to use the America Voice and Tu Hablas Mas Service on a single computer or computer network owned, leased, or otherwise controlled by you. Except as expressly set forth above, as an essential condition in the utilization of the America Voice and Tu Hablas Mas Service contemplated by this Agreement, You may not copy, modify, reverse engineer, decompile, disassemble, assign, sublicense, transfer, pledge, lease, rent or otherwise share the America Voice and Tu Hablas Mas Service.

1. Rights for Secure IP Telecom, Inc.

You acknowledge and agree that SECURE IP retains all title and ownership of the brand America Voice and Tu Hablas Mas and its services and that SECURE IP does not convey any title or ownership interest in the America Voice and Tu Hablas Mas Service to You. You further acknowledge and agree that the only right granted to you by this Agreement is the limited license to use the America Voice and Tu Hablas Mas Service according to the terms and conditions of this Agreement.

2. Term.

This Agreement will continue on a month-to-month basis unless and until either party terminates this Agreement as provided herein. SECURE IP may terminate this Agreement upon Your breach of any term of this Agreement. In the event SECURE IP terminates the Agreement due to your breach, you will forfeit all fees paid to SECURE IP and will not be refund any pre-paid amount.

3. New Services.

SECURE IP or its third party licensors or licensees, may, from time to time, introduce new online services and information as part of the America Voice and Tu Hablas Mas Service. SECURE IP will notify you of the existence of these new services. Access to such new services shall be subject to the terms and conditions of this Agreement.

4. Fees.

Please contact your account executive, relationship manager or our customer service department for information regarding any monthly fee you may be charged for the America Voice and Tu Hablas Mas Service.

Applicable fees, if any, do not include, and You shall be solely responsible for, any and all taxes of whatever nature, including without limitation, withholding taxes or other taxes imposed by foreign jurisdictions, federal, state and local taxes and surcharges applicable to the services rendered under this Agreement, excluding taxes based on the income of SECURE IP. SECURE IP shall not be liable for, and you shall pay directly and indemnify and hold SECURE IP and its affiliates harmless from and against any and all liability for, all such taxes and/or surcharges.

5. Payments with Credit/Debit cards.

Secure IP Telecom, Inc. (SECURE IP) is not responsible to inform its clients or providers about any updates on usage policies from the issuing companies of financial products on credit/debit cards. Likewise, Visa, Mastercard, American Express and Discovery can eventually make updates to their policies. You are required to abide by such updates, and you must visit the corresponding articles in the digital platforms of your preference to find out about the most current policies.

Visa, Mastercard, American Express and Discover reserve the right to remove any content from its sites without prior notice and for any reason, as well as reserving the right to deny any user or various users’ access to their sites or any part thereof.

6. Consent to receive SMS and Opt-Out of Promotional/Marketing Messages.

By using the Service, you consent to receive SMS text message alerts from Secure IP Telecom, Inc. and its Authorized Distributors for the America Voice and Tu Hablas Mas Services. Messages and Data rates may apply depending on your local mobile provider. You will receive an SMS text message every time you purchase America Voice and Tu Hablas Mas Services, update the information on your account, and to receive special promotions. You may opt-out of receiving special promotional and/or marketing SMS text messages by clicking here. You can also click on the menu “SMS Opt-Out” at any time to remove yourself. Please note that transaction/signup/account based SMS text messages will come from phone number: +1.866.470.4231. Promotional text messages will come from +1.866.470.1474. For additional assistance, please contact Customer Service at +1.866.470.4231.

7. Robo Calls Origination Prohibited.

Customer/subscriber agrees that they are prohibited from originating any calls using auto-dialers or automated call generators (aka Robo Calling) and that Secure IP Telecom Inc/America Voice has the right to suspend the subscriber’s service if we detect such calls originating from the customer/subscriber. Secure IP Telecom will refund to the user a pro rata share of any unused prepaid fees, if applicable.

8. Termination of Service.

SECURE IP may terminate the America Voice and Tu Hablas Mas Service offered hereunder at any time for any reason. In the event such termination is for any reason other than a breach of this Agreement by You, SECURE IP will refund to You a pro rata share of any unearned prepaid fees, if applicable.

9. Equipment.

You are responsible for and must provide all computer, Internet and other equipment and services necessary to access the America Voice and Tu Hablas Mas Service.

10. Account.

As a registered user of the America Voice and Tu Hablas Mas Service, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Secure IP of any security breach of your Account. SECURE IP shall not be responsible for any losses arising out of the unauthorized use of your Account.

In order to access the America Voice and Tu Hablas Mas Service portal, you must enter your username and password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate again for 30 minutes. During this time, you will be able to access the America Voice and Tu Hablas Mas Service without re-entering your password during session.

You agree to provide accurate and complete information when you register with, and as you use the America Voice and Tu Hablas Mas Service portal, and you agree to update your America Voice and Tu Hablas Mas Registration Data to keep it accurate and complete. You agree that Secure IP may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.

11. Account Information.

For internal and external use of America Voice, the data of their consumption in relation to the products that the site provides, will be exposed in the eCommerce statistics in order to measure the commercial growth of the brand.

Which of your data may America Voice collect or use?

* Contact Details : name; email address; telephone number; social media ID (for register or login).

* Payment Details : cardholder name; credit or debit card details (however, we only retain certain parts); chargeback information; billing address; Paypal ID.

* Transaction Details : transaction amount and currency;

* Correspondence and Complaints : any correspondence that you choose to send to America Voice(including complaints); any information you provide to our customer care team; any information you publish about America Voice (including on the app stores);

* Transaction History: details of the transactions (including date and time and relevant service provider) you carry out, and your visits to the Application.

If you choose to grant the mobile application access to contact information through your device, we may collect this information, including names, telephone numbers. We use this information to help us deliver the Services to your family and friends in the most efficient manner and for the other purposes listed above.

12. Customer Support.

SECURE IP shall provide certain support and services to you, including: (i) production and distribution of user documentation which describes the America Voice and Tu Hablas Mas Service and (ii) telephone customer support services 1-866-470-4231.

13. System Availability.

You acknowledge and agree that, even though you generally will have access to the production files that have your registration and transaction information with the America Voice service – twenty four hours a day, seven days a week (except in cases of a force majeure event) the access to client’s accounts and certain other services may not be available continuously and the America Voice service will be periodically out of service to perform equipment and/or software maintenance.

14. Account Inactivity.

SECURE IP may terminate this Agreement and Your access to the America Voice and Tu Hablas Mas Service if You fail to use Your the America Voice and Tu Hablas Mas Service account or if Your account remains inactive for a period of time as determined by SECURE IP. If your access to the America Voice and Tu Hablas Mas Service is terminated due to account inactivity, you may re-register for access to the America Voice and Tu Hablas Mas Service through the same process in which initial access was granted.

15. Data Storage.

SECURE IP may, from time to time, delete, purge or otherwise dispose of your account data, which is over 180 days old. In addition, only a limited amount of data or information may be available online. Therefore, You are advised to print and download your account data, for record keeping purposes, on a periodic basis. You specifically agree that SECURE IP shall not be responsible for the deletion or disposal of the data or information from the America Voice and Tu Hablas Mas Service and that all America Voice and Tu Hablas Mas Service data is fully owned by SECURE IP.

16. Copyrighted Material.

The America Voice and Tu Hablas Mas Service (including the website www.americavoice.com), contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, and graphics. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, whether copyrighted, trademarked or proprietary, or otherwise. You may download copyrighted material solely for your own use as contemplated under this Agreement. Except as expressly provided by copyright law, any copying, redistribution, or publication must be with the express permission of SECURE IP and the owner(s) or such authorized person(s), if other than SECURE IP. In any copying, the redistribution or publication of copyrighted material and any changes to or deletion of author attribution or copyright notice is expressly prohibited.

17. Confidential information.

You further acknowledge that the America Voice and Tu Hablas Mas Service may contain information which is designated confidential by SECURE IP and that you shall not disclose such information without SECURE IP’s prior written consent.

18. Your Responsibilities.

You shall use the America Voice and Tu Hablas Mas Service and any components thereof for lawful purposes only. You shall not post or transmit through the America Voice and Tu Hablas Mas Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasion of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SECURE IP express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that restricts or inhibits anyone other than you from using the America Voice and Tu Hablas Mas Services, as determined by SECURE IP, will not be permitted and is cause for immediate termination of this Agreement.

19. Security of Information.

SECURE IP will take all commercially reasonable steps to maintain the security of the America Voice and Tu Hablas Mas Service. SECURE IP will provide the details related to such security to you upon on a legal request. However, You recognize and agree that there is no guarantee of absolute security of information that is communicated over the Internet, and that the foregoing security measures may change over the term of this Agreement. You acknowledge that all information transmitted and received through the Internet or other electronic means is subject to unauthorized interception, diversion, corruption, loss access or disclosure. You are encouraged to read our Privacy Statement for further terms and information.

20. Compliance with Laws.

You shall comply fully with the requirements of all applicable federal, state and local laws and regulations. Furthermore, You are solely responsible for monitoring legal development applicable to the operation of your business, interpreting applicable laws and regulations, determining the requirements for compliance with all applicable laws and regulations, and maintaining an on-going compliance program.

21. Disclaimers.

SECURE IP, its parents or subsidiaries and their respective employees, officers, directors, affiliates, agents, licensors, licensees do not make and hereby expressly disclaim any representation or warranty (i) that access to the America Voice and Tu Hablas Mas Service will be uninterrupted or error free, (ii) that security breaches will not occur with respect to any information communicated through the America Voice and Tu Hablas Mas Service, the Internet, or any common carrier communications facility, (iii) as to the results that may or may not be obtained by You in connection with Your use of the America Voice and Tu Hablas Mas Service. SECURE IP, SUBSIDIARIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS, AGENTS, LICENSORS, LICENSEES DO NOT MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION (EITHER EXPRESS OR IMPLIED) REGARDING THE MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE AMERICA VOICE AND TU HABLAS MAS SERVICE OR ANY SERVICES PROVIDED UNDERTHIS AGREEMENT, AND ALL SUCH WARRANTIES, GUARANTEES AND REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. ALL SERVICES PROVIDED UNDER THIS AGREEMENT AND THE America Voice and Tu Hablas Mas SERVICE IS PROVIDED ON AN “AS-IS, WITH ALL FAULTS” BASIS.

22. Indemnification.

You agree to indemnify and hold SECURE IP, subsidiaries and their respective employees, officers and directors, licensors, and licensees harmless from and against any claims and expenses, including reasonable attorneys’ fees, related to any breach of this Agreement by You or any negligence or willful misconduct with respect to Your use of the America Voice and Tu Hablas Mas Service.

23. Limitation of Liability.

You acknowledge and agree that neither SECURE IP, subsidiaries nor its licensees or licensors shall be liable to You for any claims, damages, losses, obligations, costs or expenses or other liability arising directly or indirectly from or otherwise concerning (i) any termination, suspension, delay or disruption of service (including billing for a service) by the Internet, any common carrier or any third party service provider; (ii) any failure, disruption or malfunction of the America Voice and Tu Hablas Mas Service, or any communications network, facility or equipment beyond SECURE IP, its licensors, or a third party provider’s reasonable control, whether or not attributable to one or more common carriers; (iii) Your failed attempts to access the America Voice and Tu Hablas Mas Service or to complete transactions via the America Voice and Tu Hablas Mas Service; (iv) any failure to transmit, obtain or collect data or for human, machine or software errors or faulty or erroneous input by You; (v) any damages resulting from any delays and/or losses arising in connection with the services provided hereunder; or (vi) any loss of or inability to access data or information stored or generated by the America Voice and Tu Hablas Mas Service or SECURE IP.

Not withstanding anything to the contrary in this Agreement or elsewhere, SECURE IP and/or its licensors’ cumulative liability to You for any claim related to this Agreement and Your use of the America Voice and Tu Hablas Mas Service (whether arising from tort, statute, contractor otherwise) shall in all cases be limited to the actual, direct and proven out-of-pocket losses, damages or expenses suffered or incurred by You arising from SECURE IP.’s willful misconduct or gross negligence. Furthermore, SECURE IP or its licensors’ cumulative liability to you shall not, in any case, exceed the fees paid solely under this Agreement to SECURE IP by You during the month preceding the month in which the claim arose.

Not withstanding anything to the contrary in this Agreement or elsewhere, in no event shall SECURE IP or its licensors be liable to You or to any third party for any indirect, special, incidental, consequential, punitive or unproven losses, damages or expenses of any kind, including, without limitation, lost profits or loss of goodwill arising from the use or inability to use the America Voice and Tu Hablas Mas Service including, without limitation, the inability access your data or information generated or stored on the America Voice and Tu Hablas Mas Service, and regardless of whether such claim arises in tort, in contract or by statute or regulation.

Both SECURE IP and You acknowledge and agree that the provisions and limitations of this Section are of the essence of this Agreement and that absent them, neither SECURE IP nor You would have entered into this Agreement.

24. Governing Law.

This Agreement shall be construed and governed in accordance with the laws of the State of California, excluding its conflict of law provisions.

25. U.S. Government Restricted Rights.

Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or to its standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement.

26. Account Control Certifications.

You acknowledge that this Agreement and Your use of the America Voice and Tu Hablas Mas Service may be subject to U.S. economic sanctions and embargo laws, including, but not limited to, the Trading With the Enemy Act, the International Emergency Act, and similar laws, violations of which may be subject to U.S. civil and criminal penalties. You specifically represent and warrant that You have not been designated by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), as a Specially Designated National or blocked person, that You have no reason to believe that You would be considered a blocked person by OFAC, and that You are not acting as agent of any such person. You further represent and warrant that you are not employed by, acting as agent of partially owned or controlled by a government.

27. Termination.

Should any term of this Agreement be declared invalid or unenforceable by any court of competent jurisdiction; such declaration shall have no effect on the remaining terms of this Agreement.

28. No Waiver.

The failure of either party to enforce any rights granted by this Agreement or to take action against the other party in the event of any breach of this Agreement shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

29. Amendment.

This Agreement may be modified, amended or replaced by SECURE IP from time to time upon notice to You on the America Voice and Tu Hablas Mas Service website or other form of written notice; provided, however, that if SECURE IP sends You any such notice, via electronic communication, a posting on this website or otherwise, of any such modification, amendment or replacement, You confirm Your acceptance of the modification, amendment or replacement by not closing and/or by continuing to use and access Your account on the America Voice and Tu Hablas Mas Service.

30. Force Majeure.

SECURE IP shall not be liable for any delay or failure to carry or make continuously available any SECURE IP website and/or the America Voice and Tu Hablas Mas Service if such delay or failure is due to any cause beyond the reasonable control of SECURE IP, or any of its third party providers, licensors or licensees, including without limitation restrictions of law or regulations, labor disputes, acts of God, mechanical or electronic breakdowns, telecommunication facilities breakdowns or software bugs, errors or failures. SECURE IP obligations hereunder are subject to its ability to obtain and maintain any and all required governmental licenses, permits or other authorizations, and their ability to comply with any and all laws, regulations, orders and other governmental directives which may be imposed on the Internet, any SECURE IP website or the America Voice and Tu Hablas Mas Service with respect to any of the foregoing.

31. Entire Agreement.

You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. This Agreement is the complete and exclusive statement of the Agreement between You and SECURE IP and supersedes any prior agreements, proposal, representation or warranty between you and SECURE IP regarding your use of the America Voice and Tu Hablas Mas Service.

32. Top Up Products (Domestic and International).

Domestic: U.S. consumers can recharge the airtime of a mobile phone of certain U.S. mobile carriers. The fees charged for domestic Top Up products vary by U.S. mobile carrier and recharge amount. Secure IP and/or the applicable mobile carrier may change fees (or add additional fees) associated with a domestic To Up product at any time without prior notice, and such changes will be effective from the time they are posted to the website or America Voice and Tu Hablas Mas portal. You agree that by purchasing a Domestic Top Up product following a change in the fees, you accept such changes.

International: U.S. consumers can recharge the airtime of a mobile phone of certain international mobile carriers in certain international countries. Available mobile carries vary by country. Any fees charged for a Top Up product vary by mobile carrier, country and recharge amount. Fees may be deducted from the face value amount prior to recharge. The recharge amount may be converted into the local currency of the applicable country prior to transfer to the beneficiary. Each mobile carrier determines its currency conversion policies and exchange rate.

The cellular telecommunication services underlying Top Up products are provided by third party operators not affiliated with Secure IP (i.e., the international mobile carriers or the U.S. mobile carriers). The terms of use, charges, fees, taxes, credits and expiration policies for such cellular telecommunication services are established and provided by the Third party operators in each country or in the U.S. and are subject to change as determined by each applicable third party operator. Secure IP shall not be liable for the acts or omissions of the third party operators.

33. Gift Cards.

Secure IP offers to U.S. consumers the ability to purchase and send international electronic gift cards issued by a foreign merchant that can be used to purchase goods or services solely from that foreign merchant. The international Gift cards are offered only to individual residents of the United States.

You may not purchase or use the Gift Cards in violation of this agreement or applicable laws, rules or regulations. You must be at least 18 years old to purchase a Gift Card and you must be able to form legally binding contracts under applicable law. You hereby affirm that you are fully able and competent to enter into and comply with the terms and conditions of this Agreement. Senders and recipients are entirely responsible for compliance with all applicable laws. Sender agrees that Sender will only send a Gift Card to relatives or people that sender knows personally and for personal reasons only.

Each Foreign merchant has distinct terms, conditions and restrictions regarding the use of its Gift Cards, including fees, expiration, the types of goods and services that can be purchased with a Gift Card, the locations within a foreign merchant location where the Gift Card can be redeemed, the method of recording (and terms of) any unused balances, eligible Foreign merchant locations and other redemption policies (collectively, “Foreign Merchant Terms”). The purchase and/or use of a Gift Card constitutes acceptance by the Sender and the Recipient of the applicable Foreign Merchant Terms. For specific Foreign Merchant Terms, contact the Foreign Merchant.

In accordance with applicable law, Secure IP may charge the Sender a purchase Fee for each Transaction. The Retailer will collect the purchase Fee at the time of the Transaction. Secure IP reserves the right to add or change the purchase Fee or add other fees at any time without notice, except as provided by applicable law. Senders agree that by purchasing a Gift Card following a change in the fees, you accept such changes. Ask a Retailer for the current fee amount.

In addition to the Purchase Fee (if any), a currency exchange rate will be applied to each Transaction. The Sender’s U.S. dollars will be converted to the applicable foreign currency of the Recipient Country at an exchange rate set by Secure IP and/or the applicable processor at the time of the transaction and will not change even if the exchange rate changes between the purchase date and the redemption date. The Retailer can tell you the actual exchange rate at the time of your Transaction.

You agree that we may provide notices to you by posting them on the website, emailing them to an email address that you have provided us, sending them via text message to any mobile number that you have provided us, or by mailing them to any postal address that you have provided us. It is your sole responsibility to ensure that your contact information is accurate. By providing us with a telephone number, including a mobile number, sender consents to receive autodialed and pre-recorded calls or text messages at that number for transaction related purposes, including purchase and delivery confirmation calls or messages. Standard message and data rates may apply. Each Sender grants us permission to contact the applicable recipient for transaction related purposes.

34. Not Providing Services to certain Countries or Regions

Secure IP Inc. may limit calling or Top Up services to specific countries and regions, as partially listed below. Due to the constantly evolving nature of U.S. federal laws and regulations, maintaining an up-to-date list can be challenging. Consequently, the list provided below may be subject to change periodically.

1. Cuba

2. Iran

3. North Korea

4. Russia

5. The following regions of The Ukraine: Crimea, Donetsk and Luhansk

6. Syria

7. Venezuela

TO PROCEED WITH THE America Voice and Tu Hablas Mas SERVICE (FROM SECURE IP), YOU MUST AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ABOVE. IF YOU DO NOT AGREE, THEN YOU SHOULD NOT PURCHASE ANY OF THE SERVICES AND CONTACT SECURE IP FOR A FULL REFUND OF ANY UNEARNED PREPAID CHARGES.

SECURE IP reserves the right to update or revise this agreement at any time without prior notice. Please check the User Agreement periodically for changes. Please check this website periodically for changes. Your continued use of an America Voice and Tu Hablas Mas service and website following the posting of any changes constitutes acceptance of those changes.