Terms of Use

To be able to use and access Zadarma’s services you will have to accept the terms and conditions of a given “Agreement”’ and click on “Registration”. Terms and Conditions extend out to all Services rendered under the Agreement, concluded between Zadarma and You as a user. Services from the Zadarma side can be provided by operators listed under Definitions. Furthermore, using Your User Account and Zadarma services means that You have agreed to Zadarma’s terms and conditions, contained either in this document or in its following revisions.

Electronic signatures and Agreement(s). You confirm and agree by clicking on “I have read and agreed to Terms of Use“, You then become party to an Agreement, which is legally binding. Hereby, You express Your acceptance on using electronic means with the intent for concluding contracts, placing orders and for other data transfer, and also for electronic delivery of notifications, regulatory documents and operations data, which started or ended with the using of Zadarma services. Additionally, You disclaim, authorized by the corresponding provisions of effective legislation, from any rights and demands, guaranteed under the laws and regulations of any jurisdiction, demanding the presence of personal (not electronic) signature and physical way of delivery and keeping of documents, not available in electronic form.

Emergency calling is forbidden. Zadarma services are not suitable for emergency telephone call support and cannot be used for those purposes. By accepting Zadarma’s terms and conditions of that Agreement, you understand this.

Jurisdictional restriction. You have the right to use Zadarma in any country if it's not contrary to the laws of that country. If You want to use this Service in a place where the usage of Zadarma services are not prescribed by legislation or forbidden, You have no right to conclude the given Agreement and to use Zadarma Services. Zadarma does not offer services in the following jurisdictions: Iran, Democratic People's Republic of Korea, Republic of Belarus, Russia, non-government controlled areas of Ukraine.

By accepting the terms and conditions of the given Agreement You confirm that Your usage of Zadarma services in the place You are living is permitted by the legislation. Moreover, if You live in the place of jurisdiction, the legislation around under age limits around the usage of internet-applications or concluding treaties, will have a legal effect such as given Agreement do, and You are the subject of given jurisdiction who do not qualify the demands of age qualifications. You have no right to conclude a given Agreement and to use Zadarma services.

By accepting the terms of this Agreement, the user confirms he is above the legal age limit, has sufficient capacity and legal capacity and is entitled to accept the terms of this Agreement.

1. DEFINITIONS

1.1. Account — Your account from which payments for Zadarma services are made.

1.2. Agreement - a bilateral User Agreement, under which the Operator provides the User with communication services, and the latter undertakes to pay for them.

1.3. Emergency calling – services on providing user contact with representatives of emergency or public security centres.

1.4. Commercial user agreement — agreement for commercial users concluded with You on usage of Zadarma software.

1.5. Password — the combination of letters, numbers and special symbols chosen by you which coupled with your Login gives You the access to Your Account.

1.6. Balance on Zadarma account — the amount of money paid by the user that he can use for the services and goods on zadarma.com.

1.7. Virtual number — means a virtual phone number, ordered by You in Zadarma.

1.8. Zadarma software - software distributed by Zadarma for usage in the sphere of IP-telephony - which provides You with possibility to use Zadarma Services, including, among other issues, new, upgraded and fixed versions of such software.

1.9. Terms of Use — given common regulations and provisions which are part of the Agreement and that are covered as part of this.

1.10. Login — an email address chosen by You which coupled with the Password gives You the right to access Your Account.

1.11. Services — range of free and paid services and program possibilities provided by Zadarma, and also other services which Zadarma can offer in future.

1.12. Website - www.zadarma.com, from which You can get access to services and User interface, download Zadarma software.

1.13. You, the User, — A natural person or legal entity that directly or indirectly uses Zadarma Services.

1.14. Operator – one of the listed companies providing services, according to the User Agreement conditions:

IP Telecom Bulgaria Ltd, Registration number: BG201274344, office 211, 16 Vasil Levski Str., Burgas, Bulgaria – 8000;

VOICE CLOUD S.L., Registration number: B66781501, av/Cortes Valencianas, 58-1003, Valencia, Spain - 46015;

SMARTVOICE LTD, Registration number: 12149920, 63-66 Hatton Garden, London, United Kingdom, EC1N 8LE

SMARTVOICE KZ LLP, Registration number: 200240036168, 43 Markov str., Almaty, 050040, Kazakhstan

2. GENERAL PROVISIONS

2.1. Zadarma services. You understand and agree that Zadarma services are not traditional telephone services and are not supposed to be used as a replacement for traditional telephony. There are essential differences between traditional telephone services and Zadarma Services, some of them, but possibly not all, are described in the given «Terms of Use».

2.1.1. Speech recognition service. Within the concluded contract for the provision of communication services, solely for their own convenience and in their own interest, Zadarma Users can enable Speech Recognition service that transcribes voice data into text. The service is activated in the personal account. Zadarma does not guarantee or claim the correctness, accuracy or reliability of the results that can be obtained using the Speech Recognition service.

2.2. Warranty absence. Zadarma aims to provide the services with minimal interruptions. Nevertheless, Zadarma cannot guarantee constant provision of uninterrupted, in-time and free of other unforeseen limitations. You understand that as the technology functions on the basis of internet-networks and public phone lines there is a possibility of appearing power failures or Internet interruptions which can lead to interruptions in process of Your usage Zadarma Services, such as delay and corruption because of partial loss of transferred data. Zadarma does not bear responsibility for any interruptions, delays and other limitations in performance.

2.3. Control absence. You note and agree that Zadarma does not possess any information neither about fact(s) of information exchange with the usage of Zadarma software nor about that information which is transferred in such a way and does not control this process. Full responsibility for the content of information exchange lies on a person/legal entity who is the source of transferred information. Consequently, You can become the receiver of information of insulting, indecent or other undesired character or harmful for children. Zadarma does not bear responsibility for the content of any informational exchange accomplished with the usage of Zadarma Services.

2.4. Services suspense and cancellation. Zadarma has the right, herewith not to incur civil responsibility, to deny Services providing, restrict or set limits of their usage, fully or partially suspend or break Services providing not informing the User about maintenance, modernization and (or) advancing of Services, or if the User is known to have committed fraud, or is bankrupt, or has given any reason to doubt his ability to meet their commitments under this Agreement.

2.5. Technical modifications. Zadarma can make changes to technical aspects of Services according to changes in consumer demand and latest technological developments at its convenience and without preliminary informing You about it.

2.6. Confidentiality and personal data. Zadarma respects all rights and laws in the field of privacy and personal data protection, as specified in the Privacy Policy.

3. USER RESPONSIBILITIES

3.1. Usage of Zadarma Services. You lie under obligation to use the Services in correspondence with given «Terms of Use», agreement for commercial users and requirements of correspondent legislation.

3.2. Information. You lie under obligation to timely provide Zadarma with any reliable data and information, which proves this data, necessary for Zadarma, for due performance of its obligations on Services providing.

3.3. Temporary suspension in service provision. If any data, required for Services rendering, are not held by Zadarma or given not in time or contrary to Agreement provisions, and also if You break Agreement obligations, Zadarma has the right to stop temporary Services provision.

3.4. Legality of activity. You lie under obligation to use Zadarma Services only for legitimate purposes. In this content You have no right (a) to intercept or keep track, break informational exchange or make changes if You are not side of this exchange; (b) spread any mass commercial information or messages, robocalling, auto-dialling, forbidden by acting legislation; (c) use Your Account or Zadarma services rascally; (d) subject to any other user handling of insulating material, indecent or other undesired character or harmful for children and also (e) in other way break the Terms of Use of Zadarma.

3.5. Responsibility limitation. You lie under obligation to restrict Zadarma from civil responsibility and protect from any actionable complaint and actions of third persons, judicial settlement and expenses, including, besides all, reasonable legal expenses, beared by Zadarma as a result of Your breaking the Terms of Use, correspondent legislation and rights of third persons, and also as a result of incorrect usage of Zadarma Services.

4. LOGIN, PASSWORD, ACCOUNT

4.1. Login, Password, Account. In order for You to use Services, Zadarma provides an Account. You are responsible for Your Login and Password Privacy Policy adherence. You are responsible for any actions made with the usage of Your Login, Password and Account even if these actions were made without Your permission.

4.2. Notification and responsibility restriction. You are under obligation to inform Zadarma immediately in writing about any unauthorised and/or fraudulent usage of Your Login, Password and Account. Zadarma does not bear responsibility for any harm as a result of unauthorised and/or fraudulent usage of Your Login and password and also unauthorised usage of Your Account.

4.3. Changing of Login and Password. Zadarma retains the right of changing Your Login and Password with the intent of providing performance or to prevent fraudulent usage of Your Account.

5. ACCOUNT BALANCE

5.1. Credit balance. Account balance on Zadarma is created by depositing on Your Account sum of money with the help of an electronic payment system or other means of payment which can be offered by Zadarma.

6. REFUNDS AND CHARGEBACKS

6.1. Repayable funds. Users have the right for refunds from account balance. The amount of a refund should not exceed the current amount on the account balance. A refund is impossible for services that are actually provisioned and for one-time services actually provisioned (for example number connection, eSIM), payment for which is taken from account balance at that time.

6.2. Time limitation for refund. Funds on account balance cannot be returned after the expiry of 360 days from the day of the last funded usage against the account balance of Zadarma, to pay goods and services.

6.3. Automatic payments. The user can switch off the automatic (recurrent) payment any time in his/her personal account.

7. PAYMENTS AND TARIFFS

7.1.Payments. The service works on a prepayment basis. You make a payment to Zadarma using one of the available methods of payment (minimal amount depending on the method of payment you choose) and funds are deposited into your Account.

7.2. Tariffs changing. Zadarma reserves the right in any time to change tariffs upon condition of preliminary (15 (fifteen) days) notification about such changing on the website www.zadarma.com. The fact of Your further usage of Services after launching new tariffs constitutes as confirmation of Your agreement with tariff changes.

7.3. Positive account balance and service extension with negative balance. Zadarma paid services are provided with a balance above zero, and enough funds on your account balance. However, some clients can get an automatic advance payment of 20% of the cost of the price plan and number renewal. In this case, the account balance becomes negative, but the services within the price plan are provided without limitations.

7.4. Payment processing. Zadarma services are provided by one of the Operators listed under Definitions (item 1.14).

7.5. Payer data. Zadarma will not sell, purchase, provide, exchange or in any other manner disclose Account or Transaction data, or personal information of, or about a Cardholder to anyone, except, it’s Acquirer, Visa/Mastercard Corporations or in response to valid government demands.

7.6. Account maintenance due to inactivity. Account maintenance is free for 720 days from the date of the last account recharge. A monthly fee of $5 will be applied in case you have not made any top up in the last 720 days (if there are no active paid services).

8. RESPONSIBILITY LIMITATION

8.1. Absence of responsibility for direct and indirect loss. In all degree admissible by correspondent legislation Zadarma will never bear responsibility for any direct or indirect loss (including, among other issues, the loss as a result of the loss of profit, release of private and other information, interruptions in operation of a business or privacy violation and other anyway concerned with use or impossibility of the use of Services), even though Zadarma was informed about the possibility of such occurrence of loss and even though undertaken measurements had no desired effect.

8.2. Special refusal from responsibility in connection with emergency calls. Services provided by Zadarma do not include emergency calls. Zadarma does not bear responsibility for any loss or damages and whatever complaints; and herewith You refuse, under corresponding legislation, from any actionable complaints or grounds for bringing of a suit in connection with usage of Services for the purpose to call members of emergency service. You lie under obligation to protect Zadarma, under given Service provisions, from responsibility and guarantee its protection from any actionable complaints and demands . This includes compensation for losses, damages, penal sanctions, charging, costs and expenditures (including, among other issues, legal charges) suffered by You or third persons in connection with Services providing impossibility, interruptions or disconnection of services, provided in terms of a given document, including any actionable complaints, which are the result of zadarma.com incompetency to provide an emergency call.

8.3. Limits for calling emergency. You note and agree that no local or national rules, regulations or Statutes do not lay down on Zadarma liabilities on providing means of emergency calls. Above all, You acknowledge that Zadarma is not aimed for usage as a replacement for traditional telephony.

8.4. Jurisdiction limitations. In as much as some of the prohibitions and limitations mentioned above do not possess legal effect, such prohibitions and limitations may appear invalid towards You. In that case, civil responsibility is limited in all degrees, set by applicable legislation.

9. FORCE-MAJEURE CIRCUMSTANCES

9.1. Force-majeure circumstances. You understand and agree that in case of an interruption in providing Zadarma Services, which was a result of force-majeure circumstances, Zadarma does not bear responsibility for breaching its obligations, set by given Services Provisions. Force-majeure circumstance is any happening, independent from Zadarma, including, among other issues, natural disasters, acts of civil disobedience or civil mess, war or war actions, state of emergency of national or local level, power failures, serious failures in work of the Internet, floods, earthflows and ground subsidence or severe weather patterns.

9.2. Consequences of force-majeure circumstances. In case of force-majeure circumstances, Zadarma lies under obligation without delay according to its rights to inform You about a suspected delay or time of delay in performance obligations in front of You. Zadarma does not bear responsibility for the consequences of force-majeure circumstances.

10. AGREEMENT DURATION AND TERMS OF ITS CANCELLATION

10.1. Duration. Agreement comes into effect when You accept its terms and conditions and remains valid till its denouncement by any of the parties in correspondence with given Services provision.

If the initial self-definition of you as a communication services user and the data you provided do not match your actual legal status and location, then, in this case, the Agreement for the provision of communication services will be considered terminated, and you will need to conclude a new contract based on your legal status and actual location with the Operator that provides services in that location.

10.2. Termination of Agreement by You. In the case of impossibility of use of Zadarma, due to the fault of Zadarma of 10 days and more, You have the right to terminate a given Agreement at Your election. You must provide preliminary notification of the Contractor by email within 15 calendar days of the supposed date of Agreement termination.

10.3 Termination of Agreement by Zadarma. Without the restriction of means of judicial remedies and lesion pay-off Zadarma can limit, stop or cease services provided and Your usage of services and Software of Zadarma, prohibit access to Zadarma, if we consider that You are violating the Terms of Use of this Agreement, if the information provided is incorrect, illegal, or not supported, if Zadarma has the reason to doubt the accuracy of the information, or if it is known that the Customer has committed fraud, or is bankrupt, or has given any reason to doubt his ability to meet their commitments under this Agreement, or for any other reasons at the discretion of Zadarma and without the right to appeal our decision. Zadarma performs such cancellation of service providing, informing You on Your email address, which You gave to us, and (or) termination of Your access to Your Account and Services.

10.4. Effects of Agreement termination. In the case of Agreement termination for any reason, You lose all rights of Services use and must stop any usage of Services.

10.5. Preservation of conditions validity. Any conditions of the Agreement, duration of which due to its essence cannot be restricted by Agreement duration, remain valid after its termination or its expiration of validity, including, among other issues, all Your complaints, liabilities and warranties of responsibility protection.

11. OTHER CONDITIONS

11.1. Changes in Terms of Use. Zadarma reserves the right in any time to change present Terms of Use by means of providing You with edited Terms of Use or by publication on the Website of a revised Agreement. Usage of Services after the publication of new Terms, is considered as Your acceptance of the revised terms and conditions. If You refuse to accept that revised Terms of Use, You have the right to close Your Account, by sending a written application on the postal address of the company or by email on the email address of Zadarma.

11.2. Legal requirements and services revision. Zadarma reserves the right of periodical modification of Services, e.g., to provide compliance with the requirements of statutory and legislative acts. If you refuse to accept that modification or cannot provide the new legal requirements Services may be suspended and You have the right to close Your Account.

11.3. Partial Invalidity. If any condition or provision of a given document is rendered ineffective, unenforceable or without legal effect (all together or in particular circumstances), other provisions of given Terms of Use, nevertheless, must be considered as having full legal effect.

12. SOME PARTICULARITIES OF SEPARATE SERVICES PROVISION

12.1. Virtual phone number. Phone number provision, as well as automatic prolongation of use of phone number, are possible if there are enough funds on your account balance.

12.2. Insufficient funds. If there is not enough funds on your account balance, the virtual phone number will be blocked. If payment is not made within a 7 day period, you will lose the virtual phone number.

12.3. Restoring of blocked phone numbers. Restoring a blocked phone number is made not from the payment date, but from the date the number was disconnected under condition that the phone number is still available.

12.4. Ban on regular change of number. Temporary use of virtual phone numbers is prohibited. In which case, if phone numbers are used by you as temporary numbers or are regularly changed, Zadarma has the right to stop providing services due to a given Agreement without notification. In order to avoid the temporary use of numbers, the minimum connection period can be increased to 3, 6 or 12 months, at Zadarma discretion.

12.5. Incoming SMS on virtual numbers. In order to avoid inappropriate/fraudulent use of the virtual number, it is provided up to 500 free SMS per 1 virtual number per month.We cannot guarantee the registration of our virtual numbers on different Internet resources.

12.6. Routing of external traffic. Routing of traffic from the telephone network to Zadarma network is prohibited, as any other reselling of services without agreement with the sales department. In the case of violation, the account will be blocked and all outgoing calls will be recalculated in accordance with a retail tariff of telephone networks.

12.7. Number confirmation for outgoing calls. By confirming a number and setting it as CallerID (calling party’s number), a client confirms that the owner of this number has no objections to its use as CallerID in Zadarma service. Furthermore, it does not contradict the telecommunications legislation of the country that issued the number and the agreement with the operator-owner of the number source.

12.8. Outgoing calls and SMS from virtual numbers. All outgoing calls and SMS from virtual numbers connected with Zadarma services have to be routed through Zadarma network. It is prohibited to route outgoing calls and SMS messages through other networks without a prior agreement with Zadarma.Outgoing SMS to short numbers are not supported.

By accepting “I have read and agreed to Terms of Use“ and/or keep using Zadarma services, you confirm that you have read and accepted the given Terms of Use and give absolute agreement on fulfilment of conditions and provisions of the given Agreement and provide Zadarma with rights, worded in the given Agreement.

Date of this document and its entry into force: 01.11.2023

Previous versions of Terms of Use:

from 25.05.2018