TERMS AND CONDITIONS

USA and Canada
Europe

We recommend you to carefully read the provisions of the document “MTEL CALLING Mobile Application Terms of Use” (hereinafter referred to as Terms of Use). These Terms of Use represent a legally-binding agreement regulating the mutual relations between LINK2YU Network LLC, 340 S Lemon Ave #8618 Walnut, California, 91789 (hereinafter: We, our company or LINK2YU) and you, as a client, in view of the use of the MTEL CALLING mobile application. By accepting the Terms of Use, you acknowledge that you have read, understood and agreed to the terms and provisions stipulated therein. The document titled “Privacy Policy”(hereafter: Privacy Policy) is an integral part of the Terms of Use and is available on www.mtel.global.. Should you disagree with any of the terms and provisions stipulated in the Terms of Use or in the Privacy Policy, you are recommended not to use the MTEL CALLING mobile application.

By activating, using and making payments within the MTEL CALLING mobile application, you agree with the prices and service charges. The service prices and the taxes applied to the MTEL CALLING mobile application are subject to change. To ascertain the prices applicable at the moment of using the MTEL CALLING mobile application, please visit the site: www.mtel.global..

  1. Amendments to the Terms of Use

    We encourage you to check on the web portal www.mtel.global., from time to time, whether the Terms of Use version has recently been updated and read the amendments, if any. Any amendments to the Terms of Use shall enter into force at the moment they are published on www.mtel.global.. Should you continue using the MTEL CALLING mobile application after entry into force of any new version of the Terms of Use, you shall be deemed to have agreed to the amendments thereto.

  2. Description of the MTEL CALLING mobile application

    The MTEL CALLING mobile application can be downloaded free of charge at Google Play and App store. After downloading the application, you will be required to register within the MTEL CALLING mobile application. On completing the registration, you are granted a Welcome Package with 60 minutes and 600 SMS messages that can be used, within 30 days from the date of registration, for making calls and sending SMS messages to the predefined list of destinations set out in the Terms of Use. The Welcome Package is granted to you on a promotional basis once-off at the initial registration. On expiry of 30 days from the date of registration, or after you have used up minutes and SMSs granted in the Welcome Package, you can purchase any of the Plans from the MTEL CALLING offer with a predefined number of minutes and SMS messages for a period of 30 days from the date of Plan purchase.

    By using the allocated 076 numbering range (076 80 50 000 - 076 80 99 999), the MTEL CALLING mobile application allows you to:

    1. make outgoing calls to the users of fixed and mobile network of Telekom Srbija a.d. Beograd (hereinafter: Telekom Srbija);

    2. receive incoming calls from the users of fixed and mobile network of Telekom Srbija;

    3. make outgoing calls to users of MTEL Homephone service;

    4. receive incoming calls from users of MTEL Homephone service;

    5. make outgoing calls to other users of the MTEL CALLING mobile application;

    6. receive incoming calls from other users of the MTEL CALLING mobile application;

    7. exchange SMS messages (receive and send) with the users of the Telekom Srbija mobile network.

    All the advantages defined herein (receiving incoming calls, making outgoing calls, exchanging (sending and receiving) SMS messages) are available to you in case you have any of the Plans (as defined by the official price list of the service) or Welcome Package activated. If you have no plan nor Welcome package activated, you will only be able to receive incoming calls and make outgoing calls to other users of the MTEL CALLING mobile application at latest 30 days from the expiration date of the plan, respectively Welcome Package.

    The service is offered, on the same conditions and with the same tariff policy, to all users regardless of the location where the service is used within the territory of North America, South America, Australia, Asia and Africa.

  3. Call duration and accounting interval

    The maximum duration of a call (either incoming or outgoing) is 60 minutes (3600 seconds).The accounting interval is 1 second.

  4. MTEL CALLING app to app pozivi

    The calls between users of the MTEL CALLING mobile application made within the application (app to app calls) are not charged, i.e. not accounted for within a plan.

  5. Limitations

    The MTEL CALLING mobile application does not offer a possibility of receiving incoming calls and generating outgoing calls or receiving and sending SMS messages to the network numbers that are not defined in the Terms of Use, including but not limited to:

    1. generation of outgoing calls to other fixed and mobile networks in the Republic of Serbia;

    2. reception of incoming calls from other fixed and mobile networks in the Republic of Serbia;

    3. generation of outgoing calls to the users of Nomadic Service of Telekom Srbija (numbering range 076 655);

    4. reception of incoming calls from the users of Nomadic Service of Telekom Srbija (numbering range 076 655);

    5. generation of outgoing calls to the users of Nomadic services of other operators in the territory of the Republic of Serbia;

    6. reception of incoming calls from the users of Nomadic services of other operators in the territory of the Republic of Serbia;

    7. generation of outgoing calls to non-geographic services, emergency, and help/rescue services, services of public interest, commercial services;

    8. generation of outgoing calls to fixed and mobile networks in the USA and/or Canada;

    9. reception of incoming calls from other fixed and mobile networks in the USA and/or Canada;

    10. generation of outgoing international traffic;

    11. exchange (receiving and sending of textual messages) of SMS messages with the mobile networks of other operators in the Republic of Serbia;

    12. international SMS sending.

    The MTEL CALLING mobile application does not allow additional services, including, but not limited to, Call Diverting, Call Waiting, Call on Hold, Conference Call.

  6. System requirements

    In order to be able to use the service you have to:

    1. own a suitable smartphone with the Android or iOS operating system (you can see the specifications of the supported devices on the portal, in the Support section);

    2. download the MTEL CALLING mobile application from Google Play or App store;

    3. be a registered user of the mobile telephony service with one of the mobile service operators in the territory where LINK2YU provides a service MTEL CALLING mobile application with an activated data transfer service (or be able to use a WiFi network);

    4. register via a verification code which, when registering, will be delivered to your mobile number by an SMS;

    5. be connected to the Internet via your mobile telephone device (WiFi or data Internet access from the plan of the mobile service operator whose services you use).

  7. Subscription fee

    The MTEL CALLING mobile application is a prepaid service with a limited duration of 30 days from the date of purchasing your plan. The Welcome Package (60 minutes and 600 SMS messages) shall be granted to you on a promotional basis once-off at the initial registration. If you use up the available minutes and SMS messages granted to you with the Welcome Package before the expiration of the Welcome Package 30-day validity period, you may purchase a new Plan. The new Plan can also be purchased when you have not previously used up the Welcome Package minutes and the Welcome Package validity period has not expired, whereby the validity period of the Plan shall be extended for additional 30 days from the date of purchase. If you have not used up the Welcome Package minutes, the same will be transferred for further use.

    You can choose some of the Plans from the MTEL CALLING offer, which are defined by our official price list and can be found on the official website www.mtel.global .

    Unlimited sending of SMS messages shall not imply the non-rational use of the service. If LINK2YU notices that your usage is excessive, i.e. that it hampers or prevents service provision within the MTEL CALLING mobile application to other users, LINK2YU reserves the right to suspend the service or ban you from using the MTEL CALLING mobile application.

    There is no limitation as to the number of subscription fees you may buy during the use of the MTEL CALLING mobile application.

    You may buy a new plan in the course of the validity period of the purchased plan (before the expiry of a 30-day deadline) and in that case, unused minutes shall be added to the minutes from the new plan, whereby the validity period of the plan shall be extended for an additional 30 days from the date of purchase.

    Unused minutes and SMS messages from the selected plan included in the subscription fee shall not be carried over to the following month. Via the MTEL Friends option you may receive bonus minutes. All new users who download the MTEL CALLING mobile application and successfully register based on this option (by typing the 076 numbering you were allocated when registering) shall receive 5 bonus minutes, and you shall receive 10 bonus minutes. In order to be able to use the bonus minutes, you must have some of the Plans or Welcome Package activated. The bonus minutes shall remain on your account 30 days after the expiry of the validity of the plan, respectively Welcome Package. If in that period you purchase a new plan, you will be able to reuse the bonus minutes.

    Bonus minutes are first to be used when making outgoing calls, followed by minutes from the purchased plan.

  8. The purchase of Plans

    You may purchase the plans of the MTEL CALLING mobile application via Google Play Store (for all users of smartphones with the Android operating system) and App store (for all users of smartphones with the iOS operating system).

    Google Play and App store applications and services are used while making your purchase, so please refer to their websites for more information about the types of data necessary for making the purchase and the Privacy Policy of these services. These applications and services are linked to the charging platform of the MTEL CALLING mobile application and in said case the information about payment shall be replicated in the charging platform in order to ensure for you the next service use period.

    When making the purchase of the MTEL CALLING mobile application plans via Google Play Store or App store, to complete your purchase you allow Google Play or App store services to use your credit or debit card data, their expiration dates, CVV code, the charging address and other information. LINK2YU has no access to the aforementioned information, nor does it process or store them.

    You can also purchase the MTEL CALLING Mobile Application Plan via our website at www.mtel.global .

  9. Internet access

    The quality of signal for Internet access may affect the quality of services provided via the MTEL CALLING mobile application. We are not responsible for the quality of the service provided by the MTEL CALLING mobile application if there are no optimal parameters of Internet access (no matter whether access is via WiFi, CDMA or GSM network). If there are any problems in the use of the MTEL CALLING mobile application, primarily with the Internet provider (no matter whether access is via WiFi, CDMA or GSM network), please check whether there are any problems in the delivery of the Internet Access service and proceed to resolve the problem.

  10. The mobile network

    The MTEL CALLING mobile application may request access to your mobile network. Before you accept the Terms of Use, please check with your mobile operator the possibilities of using the VoIP functionality via your mobile operator network.

  11. Sending of SMS

    It is essential to know that when your smart phone is off-line (you neither use data traffic from your mobile operator’s Plan nor have access to the Internet via a WiFi network), SMS messages sent to you at the allocated 076 number during that period will not be delivered. All undelivered SMS messages shall be stored on the our system for a maximum of 3 days from the moment they are sent to your allocated 076 number. All the saved SMS messages shall be delivered to you when your smart phone is on-line (you turn on the data traffic from your mobile operator’s Plan or connect your smartphone to a WiFi network).

    It is possible to send text data via SMS messages. The sending of MMS (Multimedia Messaging Service) is currently not available via the MTEL CALLING mobile application.

    Presently, it is not possible to distribute audio files, photographs, and video material or other multimedia formats which users may have on their mobile devices. We thus cannot be liable for the non-delivery of said content.

  12. Push notifications

    The MTEL CALLING mobile application uses Push Notification service, the provider of which is a third party, to inform on the duration and expiry of selected plans, on the allocation of bonus minutes and to send other information closely related to your usage of the MTEL CALLING mobile application.

    The Push Notification service i.e. Push Notification server represents the delivery of information from the software application to the smartphone where you use the MTEL CALLING mobile application.

    If you do not read the information circulated via the Push Notification service, it will be located in the status bar of your smartphone until you read it.

  13. Changing mobile phone number

    When changing the mobile phone number (MSISDN) your account shall be deleted (you lose the right to use the allocated MTEL CALLING number, the remaining minutes and SMS messages on your account are cancelled). You may always repeat the registration, open a new account and get new 076 number.

  14. Changing smartphone

    When changing your smartphone, you can download the application on the new device and the allocated 076 numbering range and the remaining minutes and SMS messages, if any, shall be kept in your account.

    There is no possibility to pause the subscription. Accordingly, the subscription on the user's account runs all the time and is not paused during the change of the smartphone by the user.

  15. User account

    You shall be responsible for all activities occurring on the account you created within the MTEL CALLING mobile application. By accepting the Terms of Use, you agree to immediately notify us if you notice the unauthorized use of your account. We shall not be liable for any loss that may arise as a result of someone else using your account, either with or without your knowledge.

  16. Use of the application outside of its purpose

    The MTEL CALLING mobile application can exclusively be used for phone calls and exchange of SMS messages as stated in the section Description of the MTEL CALLING mobile application.

    You may exclusively use the MTEL CALLING mobile application distributed through the Google Play Store and the App store.

    The following is not allowed:

    1. copying, modifying, adapting, translating the application into other languages, sharing or creating derivative software based on the MTEL CALLING mobile application;

    2. including any part of the MTEL CALLING mobile application into your software or using it for designing purposes in combination with other software, i.e. using it with other software or services;

    3. assigning, leasing or renting, lending, allocating, selling, licensing, distributing and granting other rights in the software or service;

    4. decompiling, disassembling, reverse engineering or attempting a reconstruction, identification or full or partial disclosure of the source code, original idea or algorithm of the MTEL CALLING mobile application or any service from the MTEL CALLING mobile application by any means;

    5. removing, concealing or altering copyrights and/or other information regarding the ownership of the MTEL CALLING mobile application or services provided through the MTEL CALLING mobile application;

    6. using the MTEL CALLING mobile application or services to create or distribute viruses;

    7. avoiding copy protection or other digital protection mechanisms;

    8. using the MTEL CALLING mobile application or any of the MTEL CALLING mobile application services in conflict with any applicable law or for illegal and unauthorized purposes;

    9. using the MTEL CALLING mobile application or any of the MTEL CALLING mobile application services in any manner that could damage, disable or impair any part of the services used through the MTEL CALLING mobile application;

    10. using the MTEL CALLING mobile application or any of the MTEL CALLING mobile application services for distribution of bulk SMS messages for commercial purposes or for the purpose of political campaigns or any form of unsolicited SMS notifications;

    11. using the MTEL CALLING mobile application or any of the MTEL CALLING mobile application services for misrepresentation to another person or fraudulent behavior;

    12. using the MTEL CALLING mobile application or any of the MTEL CALLING mobile application services in any other way other than through the MTEL CALLING mobile application interface.

  17. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY ACKNOWLEDGE AND WILLINGLY AGREE THAT YOUR USE OF OUR SERVICE, PROVIDED “AS IS” OR “AS AVAILABLE”, INCLUDING MTEL CALLING MOBILE APPLICATION AND OUR SITE, SHALL BE AT YOUR SOLE RISK.

    WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IMPERFECTION AND/OR FAILURES IN THE SERVICE WILL BE IMPROVED AND/OR FIXED. NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US (INCLUDING ALL OF IT’S EMPLOYEES) SHALL CREATE A WARRANTY. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING OR CORRECTION IN CASE THAT SERVICE CAUSE ANY DEFECTS. YOU UNDOUBTLY AGREE THAT IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  18. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR COMPANY (INCLUDING ALL OF IT’S EMPLOYEES) BE LIABLE OR RESPONSIBLE FOR PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES WHATSOEVER, RESULTING FROM, OR RELATED TO, YOUR USE OR INCAPACITY TO USE THE SERVICE, ANY UNAUTHORIZED OR UNLAWFUL ACCESS, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE, THROUGH THE ACTIONS OF ANY THIRD PARTY.

    YOU SPECIFICALLY ACKNOWLEDGE THAT LINK2YU SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The MTEL CALLING Service is appropriate and available for usage in North America, South America, Australia, Asia and Africa. You understand and acknowledge that accessing or using the MTEL CALLING Service outside these locations are at your own volition and that you are responsible for compliance with local law and jurisdictions.

  19. Acceptance of Terms & Conditions

    You affirm that you have the ability to enter into this Agreement. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 13 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms and Conditions, and to abide by and comply with this Terms and Conditions. The Service is not intended for persons under the age of 13.

  20. Feedback

    You agree that any ideas, suggestions, comments, proposals on the improvement of MTEL products and/or services, names of MTEL products and/or services, options for their promotion, as well as the development of new MTEL products and/or services (hereinafter: Feedback) that you send to our company via MTEL CALLING mobile application, MTEL CALLING or our web portals, our pages on social networks or in any other manner, do not constitute confidential information and that we shall be free to use such information on an unrestricted basis without any compensation to you or any other person.

  21. Trademark

    MTEL and LINK2YU name and logo, as well as all the names and logos of our services and products, represent our trademark and our intellectual property.

  22. Availability and new versions of the MTEL Calling mobile application

    We may, without prior notice, cease delivering the MTEL CALLING mobile application, services offered through the MTEL CALLING mobile application, to you or to all users, or restrict the use of the MTEL CALLING mobile application or any of the services provided through it. We, at our sole discretion, reserve the right to add additional features to the MTEL CALLING mobile application, or to modify or provide updates and/or upgrades to the MTEL CALLING mobile application or services provided through the MTEL CALLING mobile application without prior notice to customers. We have no obligation to make available all or certain additional services or any modifications, additions or later versions of the MTEL CALLING mobile application.

    If necessary, when installing the updated version of the MTEL CALLING mobile application you will be asked to accept certain or complete changes to the Terms of Use in case you want to download, install or use additional services or additions to the new version of the MTEL CALLING mobile application. You hereby agree that your smartphone may automatically request and/or start receiving such changes, upgrades or updates to the MTEL CALLING mobile application.

  23. Termination of use

    You may cease using the MTEL CALLING mobile application by uninstalling it from your smartphone in the same manner in which any other application is removed from mobile devices, in keeping with the rules of use for Android or iOS operating system.

    LINK2YU may restrict or prevent further use of the MTEL CALLING mobile application in case you fail to observe the rules defined in the section Use of the Application Outside of its Purpose, or do not follow the rules defined in the Terms of Use.

  24. Refund

    You may cancel the Service at any time, and you will continue to have access to the Service until the expiry of the paid subscription. To the extent allowable by law, the paid subscription shall not be refundable and we shall not grant refunds or credits for any partially paid subscription fee or failure to use minutes or SMS messages included in the Service.

    If a user has made a purchase of the plan through the Google Play Store or App store without wanting to carry it out, or they want a refund within the applicable time limits and rules defined on the Google Play Store or App store, the refund may be requested through the Google Play Store or App store.

  25. Support

    Support for the use of the MTEL CALLING mobile application is available to you by contacting the email address support@.mtel.global or or by calling the Customer Support Service to the following telephone number 076-80-50-100 (this number can be dialed using LINK2YU Homephone services) or the phone number 43-720-828-008 (at the price of a local call if the user makes the call from Austria), 49-231-992-176-00 (at the price of a local call if the user makes the call from Germany), 41-435-777-000 (at the price of a local call if the user makes the call from Switzerland), 44-330-777-22-07 (at the price of a local call if the user makes the call from United Kingdom), 42-023-409-47-44 (at the price of a local call if the user makes the call from Czech Republic), 46-812-163-030 (at the price of a local call if the user makes the call from Sweden), 33-188-599-773 (at the price of a local call if the user makes the call from France), every day, 24/7/365, as well as by Online-Chat option available on the Internet portal www.mtel.global. All calls to the number 076-80-50-100 are toll-free if dialed from the 076 network.

  26. Other

    The contracting parties will attempt to resolve any disputes arising from this Contract in an amicable manner. In case they cannot reach an amicable settlement, disputes will be settled by a court having subject-matter and territorial jurisdiction over LINK2YU (California, USA).

    The Terms of Use will be construed and interpreted in accordance with the laws of (California, USA). The Terms of Use shall not restrict your consumer protection rights given in compliance with the applicable laws in the territory where the User has his/her residence.

    In case a relevant authority declares any of the provisions of these Terms of Use to be invalid or unenforceable, such provision will be replaced with a valid and enforceable provision whose effect and purpose come as close as possible to those of the original provision, and all other provisions will remain in full force and effect. If the unenforceable provision cannot be replaced with another provision, such provision shall not affect the validity and enforceability of other provisions of these Terms of Use.

    These Terms of Use shall come into force when signed by the User or by clicking a relevant box upon application activation and online shopping.

    Last updated: October 12, 2020

We recommend you to carefully read the provisions of the document “MTEL CALLING Mobile Application Terms of Use” (hereinafter referred to as Terms of Use). These Terms of Use represent a legally-binding agreement regulating the mutual relations between GO4YU GmbH, Mariahilfer Straße 103/8, 1060 Vienna, Austria (hereinafter: We, our company or GO4YU) and you, as a client, in view of the use of the MTEL CALLING mobile application. By accepting the Terms of Use, you acknowledge that you have read, understood and agreed to the terms and provisions stipulated therein. The document titled “Privacy Policy”(hereafter: Privacy Policy) is an integral part of the Terms of Use and is available on www.mtel.global .

Should you disagree with any of the terms and provisions stipulated in the Terms of Use or in the Privacy Policy, you are recommended not to use the MTEL CALLING mobile application.

By activating, using and making payments within the MTEL CALLING mobile application, you agree with the prices and service charges. The service prices and the taxes applied to the MTEL CALLING mobile application are subject to change. To ascertain the prices applicable at the moment of using the MTEL CALLING mobile application, please visit the site: www.mtel.global .

  1. Amendments to the Terms of Use

    We encourage you to check on the web portal www.mtel.global , from time to time, whether the Terms of Use version has recently been updated and read the amendments, if any. Any amendments to the Terms of Use shall enter into force at the moment they are published on www.mtel.global . Should you continue using the MTEL CALLING mobile application after entry into force of any new version of the Terms of Use, you shall be deemed to have agreed to the amendments thereto.

  2. Description of the MTEL CALLING mobile application

    The MTEL CALLING mobile application can be downloaded free of charge at Google Play and App store. After downloading the application, you will be required to register within the MTEL CALLING mobile application. On completing the registration, you are granted a Welcome Package with 60 minutes and 600 SMS messages that can be used, within 30 days from the date of registration, for making calls and sending SMS messages to the predefined list of destinations set out in the Terms of Use. The Welcome Package is granted to you on a promotional basis once-off at the initial registration. On expiry of 30 days from the date of registration, or after you have used up minutes and SMSs granted in the Welcome Package, you can purchase any of the Plans from the MTEL CALLING offer with a predefined number of minutes and SMS messages for a period of 30 days from the date of Plan purchase.

    By using the allocated 076 numbering range (076 80 50 000 - 076 80 99 999), the MTEL CALLING mobile application allows you to:

    1. make outgoing calls to the users of fixed and mobile network of Telekom Srbija a.d. Beograd (hereinafter: Telekom Srbija) ;

    2. receive incoming calls from the users of fixed and mobile network of Telekom Srbija;

    3. make outgoing calls to users of MTEL Homephone service;

    4. receive incoming calls from users of MTEL Homephone service;

    5. make outgoing calls to other users of the MTEL CALLING mobile application;

    6. receive incoming calls from other users of the MTEL CALLING mobile application;

    7. exchange SMS messages (receive and send) with the users of the Telekom Srbija mobile network.

    All the advantages defined herein (receiving incoming calls, making outgoing calls, exchanging (sending and receiving) SMS messages) are available to you in case you have any of the Plans (as defined by the official price list of the service) or Welcome Package activated. If you have no plan nor Welcome package activated, you will only be able to receive incoming calls and make outgoing calls to other users of the MTEL CALLING mobile application at latest 30 days from the expiration date of the plan, respectively Welcome Package.

    The service is offered, on the same conditions and with the same tariff policy, to all users regardless of the location where the service is used within the territory of North America, South America, Australia, Asia and Africa.

  3. Call duration and accounting interval

    The maximum duration of a call (either incoming or outgoing) is 60 minutes (3600 seconds).

    The accounting interval is 1 second.

  4. MTEL CALLING app to app calls

    The calls between users of the MTEL CALLING mobile application made within the application (app to app calls) are not charged, i.e. not accounted for within a plan.

  5. Limitations

    The MTEL CALLING mobile application does not offer a possibility of receiving incoming calls and generating outgoing calls or receiving and sending SMS messages to the network numbers that are not defined in the Terms of Use, including but not limited to:

    1. generation of outgoing calls to other fixed and mobile networks in the Republic of Serbia;

    2. reception of incoming calls from other fixed and mobile networks in the Republic of Serbia;

    3. generation of outgoing calls to the users of Nomadic Service of Telekom Srbija (numbering range 076 655);

    4. reception of incoming calls from the users of Nomadic Service of Telekom Srbija (numbering range 076 655);

    5. generation of outgoing calls to the users of Nomadic services of other operators in the territory of the Republic of Serbia;

    6. reception of incoming calls from the users of Nomadic services of other operators in the territory of the Republic of Serbia;

    7. generation of outgoing calls to non-geographic services, emergency, and help/rescue services, services of public interest, commercial services;

    8. generation of outgoing calls to fixed and mobile networks in the USA and/or Canada;

    9. reception of incoming calls from other fixed and mobile networks in the USA and/or Canada;

    10. generation of outgoing international traffic;

    11. exchange (receiving and sending of textual messages) of SMS messages with the mobile networks of other operators in the Republic of Serbia;

    12. international SMS sending.

    The MTEL CALLING mobile application does not allow additional services, including, but not limited to, Call Diverting, Call Waiting, Call on Hold, Conference Call.

  6. System requirements

    In order to be able to use the service you have to:

    1. own a suitable smartphone with the Android or iOS operating system (you can see the specifications of the supported devices on the portal, in the Support section);

    2. download the MTEL CALLING mobile application from Google Play or App store;

    3. be a registered user of the mobile telephony service with one of the mobile service operators in the territory where GO4YU provides a service MTEL CALLING mobile application with an activated data transfer service (or be able to use a WiFi network);

    4. register via a verification code which, when registering, will be delivered to your mobile number by an SMS;

    5. be connected to the Internet via your mobile telephone device (WiFi or data Internet access from the plan of the mobile service operator whose services you use).

  7. Subscription fee

    The MTEL CALLING mobile application is a prepaid service with a limited duration of 30 days from the date of purchasing your plan.

    The Welcome Package (60 minutes and 600 SMS messages) shall be granted to you on a promotional basis once-off at the initial registration. If you use up the available minutes and SMS messages granted to you with the Welcome Package before the expiration of the Welcome Package 30-day validity period, you may purchase a new Plan. The new Plan can also be purchased when you have not previously used up the Welcome Package minutes and the Welcome Package validity period has not expired, whereby the validity period of the Plan shall be extended for additional 30 days from the date of purchase. If you have not used up the Welcome Package minutes, the same will be transferred for further use.

    You can choose some of the Plans from the MTEL CALLING offer, which are defined by our official price list and can be found on the official website www.mtel.global.

    Unlimited sending of SMS messages shall not imply the non-rational use of the service. If GO4YU notices that your usage is excessive, i.e. that it hampers or prevents service provision within the MTEL CALLING mobile application to other users, GO4YU reserves the right to suspend the service or ban you from using the MTEL CALLING mobile application.

    There is no limitation as to the number of subscription fees you may buy during the use of the MTEL CALLING mobile application.

    You may buy a new plan in the course of the validity period of the purchased plan (before the expiry of a 30-day deadline) and in that case, unused minutes shall be added to the minutes from the new plan, whereby the validity period of the plan shall be extended for an additional 30 days from the date of purchase.

    Via the MTEL Friends option you may receive bonus minutes. All new users who download the MTEL CALLING mobile application and successfully register based on this option (by typing the 076 numbering you were allocated when registering) shall receive 5 bonus minutes, and you shall receive 10 bonus minutes. In order to be able to use the bonus minutes, you must have some of the Plans or Welcome Package activated. The bonus minutes shall remain on your account 30 days after the expiry of the validity of the plan, respectively Welcome Package. If in that period you purchase a new plan, you will be able to reuse the bonus minutes.

    Bonus minutes are first to be used when making outgoing calls, followed by minutes from the purchased plan.

  8. The purchase of Plans

    You may purchase the plans of the MTEL CALLING mobile application via Google Play Store (for all users of smartphones with the Android operating system) and App store (for all users of smartphones with the iOS operating system).

    Google Play and App store applications and services are used while making your purchase, so please refer to their websites for more information about the types of data necessary for making the purchase and the Privacy Policy of these services. These applications and services are linked to the charging platform of the MTEL CALLING mobile application and in said case the information about payment shall be replicated in the charging platform in order to ensure for you the next service use period.

    When making the purchase of the MTEL CALLING mobile application plans via Google Play Store or App store, to complete your purchase you allow Google Play or App store services to use your credit or debit card data, their expiration dates, CVV code, the charging address and other information. GO4YU has no access to the aforementioned information, nor does it process or store them.

    You can also purchase the MTEL CALLING Mobile Application Plan via our website at www.mtel.global.

  9. Internet access

    The quality of signal for Internet access may affect the quality of services provided via the MTEL CALLING mobile application. We are not responsible for the quality of the service provided by the MTEL CALLING mobile application if there are no optimal parameters of Internet access (no matter whether access is via WiFi, CDMA or GSM network). If there are any problems in the use of the MTEL CALLING mobile application, primarily with the Internet provider (no matter whether access is via WiFi, CDMA or GSM network), please check whether there are any problems in the delivery of the Internet Access service and proceed to resolve the problem.

  10. The mobile network

    The MTEL CALLING mobile application may request access to your mobile network. Before you accept the Terms of Use, please check with your mobile operator the possibilities of using the VoIP functionality via your mobile operator network.

  11. Sending of SMS

    It is essential to know that when your smart phone is off-line (you neither use data traffic from your mobile operator’s Plan nor have access to the Internet via a WiFi network), SMS messages sent to you at the allocated 076 number during that period will not be delivered. All undelivered SMS messages shall be stored on the our system for a maximum of 3 days from the moment they are sent to your allocated 076 number. All the saved SMS messages shall be delivered to you when your smart phone is on-line (you turn on the data traffic from your mobile operator’s Plan or connect your smartphone to a WiFi network).

    It is possible to send text data via SMS messages. The sending of MMS (Multimedia Messaging Service) is currently not available via the MTEL CALLING mobile application.

    Presently, it is not possible to distribute audio files, photographs, and video material or other multimedia formats which users may have on their mobile devices. We thus cannot be liable for the non-delivery of said content.

  12. Push notifications

    The MTEL CALLING mobile application uses Push Notification service, the provider of which is a third party, to inform on the duration and expiry of selected plans, on the allocation of bonus minutes and to send other information closely related to your usage of the MTEL CALLING mobile application.

    The Push Notification service i.e. Push Notification server represents the delivery of information from the software application to the smartphone where you use the MTEL CALLING mobile application.

    If you do not read the information circulated via the Push Notification service, it will be located in the status bar of your smartphone until you read it.

  13. Changing mobile phone number

    When changing the mobile phone number (MSISDN) your account shall be deleted (you lose the right to use the allocated MTEL CALLING number, the remaining minutes and SMS messages on your account are cancelled). You may always repeat the registration, open a new account and get new 076 number.

  14. Changing smartphone

    When changing your smartphone, you can download the application on the new device and the allocated 076 numbering range and the remaining minutes and SMS messages, if any, shall be kept in your account.

    There is no possibility to pause the subscription. Accordingly, the subscription on the user's account runs all the time and is not paused during the change of the smartphone by the user.

  15. User account

    You shall be responsible for all activities occurring on the account you created within the MTEL CALLING mobile application. By accepting the Terms of Use, you agree to immediately notify us if you notice the unauthorized use of your account. We shall not be liable for any loss that may arise as a result of someone else using your account, either with or without your knowledge.

  16. Use of the application outside of its purpose

    The MTEL CALLING mobile application can exclusively be used for phone calls and exchange of SMS messages as stated in the section Description of the MTEL CALLING mobile application.

    You may exclusively use the MTEL CALLING mobile application distributed through the Google Play Store and the App store.

    The following is not allowed:

    1. copying, modifying, adapting, translating the application into other languages, sharing or creating derivative software based on the MTEL CALLING mobile application;

    2. including any part of the MTEL CALLING mobile application into your software or using it for designing purposes in combination with other software, i.e. using it with other software or services;

    3. assigning, leasing or renting, lending, allocating, selling, licensing, distributing and granting other rights in the software or service;

    4. decompiling, disassembling, reverse engineering or attempting a reconstruction, identification or full or partial disclosure of the source code, original idea or algorithm of the MTEL CALLING mobile application or any service from the MTEL CALLING mobile application by any means;

    5. removing, concealing or altering copyrights and/or other information regarding the ownership of the MTEL CALLING mobile application or services provided through the MTEL CALLING mobile application;

    6. using the MTEL CALLING mobile application or services to create or distribute viruses;

    7. avoiding copy protection or other digital protection mechanisms;

    8. using the MTEL CALLING mobile application or any of the MTEL CALLING mobile application services in conflict with any applicable law or for illegal and unauthorized purposes;

    9. using the MTEL CALLING mobile application or any of the MTEL CALLING mobile application services in any manner that could damage, disable or impair any part of the services used through the MTEL CALLING mobile application;

    10. using the MTEL CALLING mobile application or any of the MTEL CALLING mobile application services for distribution of bulk SMS messages for commercial purposes or for the purpose of political campaigns or any form of unsolicited SMS notifications;

    11. using the MTEL CALLING mobile application or any of the MTEL CALLING mobile application services for misrepresentation to another person or fraudulent behavior;

    12. using the MTEL CALLING mobile application or any of the MTEL CALLING mobile application services in any other way other than through the MTEL CALLING mobile application interface.

  17. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY ACKNOWLEDGE AND WILLINGLY AGREE THAT YOUR USE OF OUR SERVICE, PROVIDED “AS IS” OR “AS AVAILABLE”, INCLUDING MTEL CALLING MOBILE APPLICATION AND OUR SITE, SHALL BE AT YOUR SOLE RISK.

    WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IMPERFECTION AND/OR FAILURES IN THE SERVICE WILL BE IMPROVED AND/OR FIXED. NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US (INCLUDING ALL OF IT’S EMPLOYEES) SHALL CREATE A WARRANTY. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING OR CORRECTION IN CASE THAT SERVICE CAUSE ANY DEFECTS. YOU UNDOUBTLY AGREE THAT IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  18. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR COMPANY (INCLUDING ALL OF IT’S EMPLOYEES) BE LIABLE OR RESPONSIBLE FOR PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES WHATSOEVER, RESULTING FROM, OR RELATED TO, YOUR USE OR INCAPACITY TO USE THE SERVICE, ANY UNAUTHORIZED OR UNLAWFUL ACCESS, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE, THROUGH THE ACTIONS OF ANY THIRD PARTY.

    YOU SPECIFICALLY ACKNOWLEDGE THAT GO4YU SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The MTEL CALLING Service is appropriate and available for usage in North America, South America, Australia, Asia and Africa. You understand and acknowledge that accessing or using the MTEL CALLING Service outside these locations are at your own volition and that you are responsible for compliance with local law and jurisdictions.

  19. Acceptance of Terms & Conditions

    You affirm that you have the ability to enter into this Agreement. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 13 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms and Conditions, and to abide by and comply with this Terms and Conditions. The Service is not intended for persons under the age of 13.

  20. Feedback

    You agree that any ideas, suggestions, comments, proposals on the improvement of MTEL products and/or services, names of MTEL products and/or services, options for their promotion, as well as the development of new MTEL products and/or services (hereinafter: Feedback) that you send to our company via MTEL CALLING mobile application, MTEL CALLING or our web portals, our pages on social networks or in any other manner, do not constitute confidential information and that we shall be free to use such information on an unrestricted basis without any compensation to you or any other person.

  21. Trademark

    MTEL and GO4YU name and logo, as well as all the names and logos of our services and products, represent our trademark and our intellectual property.

  22. Availability and new versions of the MTEL Calling mobile application

    We may, without prior notice, cease delivering the MTEL CALLING mobile application, services offered through the MTEL CALLING mobile application, to you or to all users, or restrict the use of the MTEL CALLING mobile application or any of the services provided through it. We, at our sole discretion, reserve the right to add additional features to the MTEL CALLING mobile application, or to modify or provide updates and/or upgrades to the MTEL CALLING mobile application or services provided through the MTEL CALLING mobile application without prior notice to customers. We have no obligation to make available all or certain additional services or any modifications, additions or later versions of the MTEL CALLING mobile application.

    If necessary, when installing the updated version of the MTEL CALLING mobile application you will be asked to accept certain or complete changes to the Terms of Use in case you want to download, install or use additional services or additions to the new version of the MTEL CALLING mobile application. You hereby agree that your smartphone may automatically request and/or start receiving such changes, upgrades or updates to the MTEL CALLING mobile application.

  23. Termination of use

    You may cease using the MTEL CALLING mobile application by uninstalling it from your smartphone in the same manner in which any other application is removed from mobile devices, in keeping with the rules of use for Android or iOS operating system.

    GO4YU may restrict or prevent further use of the MTEL CALLING mobile application in case you fail to observe the rules defined in the section Use of the Application Outside of its Purpose, or do not follow the rules defined in the Terms of Use.

  24. Refund

    You may cancel the Service at any time, and you will continue to have access to the Service until the expiry of the paid subscription. To the extent allowable by law, the paid subscription shall not be refundable and we shall not grant refunds or credits for any partially paid subscription fee or failure to use minutes or SMS messages included in the Service.

    If a user has made a purchase of the plan through the Google Play Store or App store without wanting to carry it out, or they want a refund within the applicable time limits and rules defined on the Google Play Store or App store, the refund may be requested through the Google Play Store or App store.

  25. Support

    Support for the use of the MTEL CALLING mobile application is available to you by contacting the email address support@.mtel.global or or by calling the Customer Support Service to the following telephone number 076-80-50-100 (this number can be dialed using GO4YU Homephone services) or the phone number 43-720-828-008 (at the price of a local call if the user makes the call from Austria), 49-231-992-176-00 (at the price of a local call if the user makes the call from Germany), 41-435-777-000 (at the price of a local call if the user makes the call from Switzerland), 44-330-777-22-07 (at the price of a local call if the user makes the call from United Kingdom), 42-023-409-47-44 (at the price of a local call if the user makes the call from Czech Republic), 46-812-163-030 (at the price of a local call if the user makes the call from Sweden), 33-188-599-773 (at the price of a local call if the user makes the call from France), every day, 24/7/365, as well as by Online-Chat option available on the Internet portal www.mtel.global. All calls to the number 076-80-50-100 are toll-free if dialed from the 076 network.

  26. Other

    The contracting parties will attempt to resolve any disputes arising from this Contract in an amicable manner. In case they cannot reach an amicable settlement, disputes will be settled by a court having subject-matter and territorial jurisdiction over GO4YU (Vienna, Austria).

    The Terms of Use will be construed and interpreted in accordance with the laws of Austria. The Terms of Use shall not restrict your consumer protection rights given in compliance with the applicable laws in the territory where the User has his/her residence.

    In case a relevant authority declares any of the provisions of these Terms of Use to be invalid or unenforceable, such provision will be replaced with a valid and enforceable provision whose effect and purpose come as close as possible to those of the original provision, and all other provisions will remain in full force and effect. If the unenforceable provision cannot be replaced with another provision, such provision shall not affect the validity and enforceability of other provisions of these Terms of Use.

    These Terms of Use shall come into force when signed by the User or by clicking a relevant box upon application activation and online shopping.

    Last updated: October 12, 2020