ABOUT THE APP

Ledunia Phone allows you to use your mobile phone service through an App over any kind data e.g. wifi. This means, you don't have to carry multiple phones to use your phone service. It also means you can enjoy your phone services in places where you have data with little or no coverage for that i.e. amazing service no matter where you are.

LeDunia is a technology provider. We partner with mobile operators to deliver their service through our patented platform. Costs for the service are set by the mobile operators and you should consult your mobile operator about these charges before using their service through LeDunia. LeDunia may also charge you a seperate fee for using their softwre.

In order to optimse cost that you pay for using your phone service, we sometimes route services through domestic local numbers. Calling them may incur a charge from your phone provider. Our app uses data to function, you might be charged by your provider for this data e.g. when using LeDunia over 4G. . Accordingly, use of our App requires that you have good access to data. This could be Wifi or at minimum 4G data.

Please note that while many of our mobile operater partners are, we are not an Electronic Communications Network or Services provider.

I also understand the following:

• I consent to Airtel Networks Kenya Limited and LeDunia Limited collecting and using my personal data for purposes of testing LeDunia's technology on the Airtel Kenya platform during the Proof-of-Concept trial in accordance with the Memorandum of Understanding signed between the two parties.
• I understand that I have the right to revoke my consent at anytime and such revocation will not result in penalty or loss of benefit.

If you do not agree with these terms of service, please do not use the App.

IMPORTANT WORDS AND DEFINITIONS
In this Agreement the following words have the following meanings:
“App” means the Ledunia mobile app, version 1.0 or later, which is be made available as a downloadable software application.
“Device” means a mobile telephone with internet functionality, or a computing device with internet functionality (such as a touchscreen ‘tablet’).
“Minute” means a token granted to a User which entitles it to place calls via the App which equal to a particular duration of time.
“Online Specification” means any technical specification of the App’s functionality or commercial details relating to pricing or similar details which may be posted on our website or made available via the App.
“System” means the various servers that we use to operate and deliver the service.
“Services” means the functionality of the App offered to Users, including the ability for those Users to make telephone calls using either a ‘voice over internet protocol’ (“VOIP”) or a combination of VOIP and a traditional mobile telephone network service.

“Ledunia” means LEDUNIA Limited, a company registered in England and Wales with registration number 09323629.
“User” means an individual who registers an account on the App; and terms such as “Users” shall be interpreted accordingly.
Where this end-user licence agreement (the “EULA”) refers to “you” or “your” it means the individual accepting this agreement; where it refers to “us”, “our” or “we” it means Ledunia.

Compatibility Notice

The App is designed to work on the latest iOS (Apple) and Android phones.

Agreed terms
1.      

The terms of this EULA apply to the App and to any updates or supplements to the App, unless such additions are provided pursuant to separate terms, in which case those terms shall apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2.    

We may change these terms at any time. Where we change these terms in a way that is significant we will endeavour to make these changes known to you either before they take effect, or before you next use the App. New terms, or a notice drawing your attention to the existence of new terms, may be displayed on-screen when you next use the App and you may be required to read and accept them in order to continue your use of the App.
1.3.     Use of the App by you is governed by the terms of this EULA but may also be subject to any rules or policies applied by any appstore provider or operator from whose site you may download the App (such a site an “Appstore”, and such rules “Appstore Rules”).
1.4.     From time to time updates to the App may be issued through the Appstore.

Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.5.    

You will be assumed to have obtained permission from the owners of any mobile telephone or handheld devices that are controlled, but not owned, by you which you may use to access or use the App. You and they may be charged by your and their service providers for internet access or voice call usage on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App on any such Device, whether or not it is owned by you and agree that you shall be solely responsible for all costs incurred from third parties as a result of the same.
1.6.     The terms of our privacy policy (the “Privacy Policy”) are incorporated into this EULA by reference and apply to your use of the App. You acknowledge and agree that while we endeavour to keep our service secure from intrusion by unauthorised third parties, internet and telephone transmissions are never and cannot be completely secure. You understand that any message or information you send using the App may be read or intercepted by third parties (including, in certain cases state agents) even if a particular transmission is encrypted.
1.7.     By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.8.     The App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.9.     Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2.      

In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on your Devices, subject to these terms, the Privacy Policy and any applicable Appstore Rules. We reserve all other rights.
3.      

The App is provided on a ‘free to use’ basis but will require you to buy a bundle from the Mobile operator you use within the app. Use of the App may cause you to incur charges imposed by your mobile service provider (the provider of your SIM card) for the placing of voice calls and/or the use of internet data. You agree that you shall be solely responsible for such charges.
3.2.    

However, we reserve the right to introduce charges for the use of the App at any time; which may take the form of charges for use of the App, charges payable in return for Minutes, or any other form of revenue model permitted by law. Where such a change takes place, clause 1.2 will apply and we will endeavour to provide clear and up to date information on applicable prices and via our website or via another medium.
3.3.     We reserve the right to limit access to the App by way of granting Users a limited number of Minutes in any given time period. We reserve the right to grant Minutes to Users as incentives for particular activities (such as introducing new Users to the App); where this is the case we will publish details of such incentives on the App and/or on the Website.
4.      

Except as expressly set out in this EULA or as specifically permitted by any local law, you agree:
(a)     

not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b)      not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c)      not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d)      not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i)     

is used only for the purpose of achieving inter-operability of the App with another software program;
(ii)     is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii)    is not used to create any software that is substantially similar to the App;
(e)     

not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without receiving prior written consent from us; and
(f)      to comply with all technology control or export laws and regulations that may apply to the technology used or supported by the App or any Service.

Together such conditions the “Licence Restrictions”.
5.      

As a condition of being granted access to the App and the Services all Users agree that they shall:
(a)     

ensure that use of the App is lawful in their jurisdiction;
(b)      not use the App in any unlawful manner, for any unlawful purpose, in any manner inconsistent with this EULA, or fraudulently or maliciously; for example, by hacking into or inserting malicious code into the App, using the App to make fraudulent or ‘hoax’ calls, or using the App as part of any course of action the purpose of which is to attempt to burden any other individual (including a company such as Ledunia) with costs or charges;
(c)      not use the App to offer, solicit, arrange, or engage in, any kind of activity or arrangement which is or which would be unlawful (such as the commission of a crime, or the purchase of goods or services which are prohibited from sale in your jurisdiction);
(d)      not use the App for any commercial purpose, such as by using it to re-route high volumes of traffic from third parties with a view to making a financial, or other, gain;
(e)      not route third party traffic via the App;
(f)      refrain from transmitting any material that is defamatory, offensive or otherwise objectionable via the App;
(g)      not use the App for any kind of dialling fraud, including by way of using the App to route calls to high cost (or ‘premium rate’) numbers;
(h)      refrain from using the App for any unlawful purposes in relation to other Users or individuals, including without limitation for imitating, stalking, harassing, or intimidating any other individual;
(i)      not use the App to promote the goods or services of a third party which is a competitor to Ledunia;
(j)     

not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
(k)     

not upload to the App any data, material or information which is false or misleading in any way;
(l)      not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our System or security or interfere with other Users; and
(m)      not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Together such conditions the “Acceptable Use Restrictions”.
6.      

You acknowledge that all intellectual property rights in the App and the Online Specification anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with the terms of this EULA.
6.2.     You warrant that you have all necessary rights to upload and use any material which you may enter into, transmit via or upload to the App (or the servers which underpin its use) and to grant Ledunia all necessary rights to use the same for such purposes as it may see fit (including to offer and operate the App). You further warrant and undertake to indemnify and hold harmless Ledunia from any breach by you of this clause 6.2.
6.3.     You acknowledge that you have no right to have access to the App in source-code form.
7.      

We warrant that:
(a)     

the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Online Specification for a period of 7 days from the date on which the App is downloaded or streamed to your Device;
(b)      the App will enable you to make calls to numbers provided by networks that we have a partnership with (as may be specified on our website from time to time), we do not warrant that the App will enable you to contact any and all telephone numbers worldwide;
(c)      that the Online Specification correctly describes the operation of the App in all material respects;
(d)      we will take all necessary measures within our power to maintain the proper and effective functioning of the App and our System.
7.2.    

The warranty does not apply:
(a)     

if the defect or fault in the App or any Service results from you having altered or modified the App;
(b)      if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; and
(c)     

if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
7.3.    

This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.4.     Ledunia makes no warranty that the App will be available at all times, or that provision of it will be uninterrupted or error free. The App relies on the services of third parties to operate fully and we shall have no responsibility to Users for any outages or failures of third party services. Save for as expressly set out in these terms, no implied warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, shall apply to the App or its use by you.
8.      

In the event that you breach these terms we reserve the right to rely on the indemnity set out in clause 13.
8.2.     Further to our rights set out in clause 8.1. we reserve the right to charge any User which breaches the Licence Restrictions or the Acceptable Use Restrictions the applicable penalty charges set out on the Website in order to compensate us for the loss of revenues that your breach of those restrictions is likely to have caused.
9.      

You acknowledge that while the App is provided free for download and use, that use of it may be subject to charges, for which you will be responsible. Further, use of the App may cause you to incur charges for dialling local numbers and/or for using mobile telephone data, for which you agree that you will be solely responsible.
9.2.     You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Online Specification meet your requirements.
9.3.     We only supply the App and Online Specification for domestic and private use. You agree not to use the App and/or Online Specification for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4.     We shall only be responsible for direct loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in clause 9.5, but we are not responsible for any indirect, consequential or unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach at the time we entered into this EULA with you.
9.5.     Our maximum aggregate liability under or in connection with this EULA and your use of the App whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the greater of (a) total value of fees collected by Ledunia in relation to your use of the App in the 12 month period preceding the event in respect of which your entitlement to such a sum became due, or (b) one thousand pounds sterling (£1,000). This does not apply to the types of loss set out in clause 9.6.
9.6.     Nothing in this EULA shall limit or exclude our liability for:
(a)     

death or personal injury resulting from our negligence;
(b)      fraud or fraudulent misrepresentation; and
(c)      any other liability that cannot be excluded or limited by English law.
10.     

We may terminate this EULA immediately by written notice to you:
(a)     

if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 7 days after the service of written notice requiring you to do so;
(b)     

if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
(c)     

if we have any reason to suspect that your use of the App is unlawful, or that it would bring Ledunia and/or other Users of the App into disrepute; and
(d)      if we withdraw the App from service, or otherwise reorganise or restructure our business so as to necessitate the termination or suspension of provision of the App to you.
10.2.   

On termination for any reason:
(a)     

all rights granted to you under this EULA shall cease;
(b)      you must immediately cease all activities authorised by this EULA, including your use of any Services; and
(c)      you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Online Specification then in your possession, custody or control and certify to us that you have done so.
10.3.   

You may terminate this Agreement at any time by ceasing to use the App and uninstalling it from your Device. While terminating the Agreement in this way will not relieve you of the obligation to pay any fees which may have become due to us prior to termination, you will not incur any further fees from the point that you terminate it.
10.4.    In addition to its rights set out above Ledunia shall have the right to suspend your use of the Service immediately if it has any reason to suspect that you have breached the terms of this EULA or have otherwise acted in a fashion which it considers may bring or has brought its reputation into disrepute.
11.     

If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by help@ledunia.com
11.2.    If we have to contact you or give you notice in writing, we will do so by e-mail, via the App, or by pre-paid post to any the address you provide to us in your request for the App.
12.     

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private     telecommunications or internet networks (each an “Event Outside Our Control”).
12.2.   

If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a)     

our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b)      we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

13.     

You undertake to indemnify and hold Ledunia harmless in respect of all costs, charges, damages or losses which it may suffer in relation to your use of the App, including in relation to (a) any content which you may upload to the App or any interaction you may have with any other individual via the App, (b) any fine, charge or tax implication for which Ledunia may become liable as a result of your use of the App, and (c) any classification of you as an employee of Ledunia (or similar) by any tax authority or employment tribunal.
14.     

We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
14.2.    You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
14.3.    If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.4.    Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
14.5.    Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.