SageCom International Calling (VoIPlynx)

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Terms and Conditions

1. Introduction 

Welcome to Sagecom Incorporated., Inc. and its affiliated companies (“SAGECOM” or “we” or “us”). On this website and/or through our authorized brands – VOIPLYNX, MOBYX, Resellers, Agents and Distributors, we provide our U.S and Canada consumers with the following telecommunication products and services (collectively, the “Services”): 

•	SAGECOM’s prepaid, pin-less, telecommunication service which enables consumers to make U.S. domestic, Canada Domestic and international calls (“Pinless”) and;

•	Pinless can also be accessed via your mobile device through our Mobyx Mobile Application (the “App”). 

Please read these terms of use carefully as this is a legal agreement between you and SAGECOM governing your purchase and use of the Services, as well as your use of the Sagecom website www.sagecominc.com  (the “Website”) and the App. By purchasing or using any of the Services, accessing the Website or the App or creating a User Profile you acknowledge and 
agree that you have read, understood and have agreed to be bound by these terms of use, including any future modifications (collectively, the “User Agreement”). If you have any questions about the User Agreement, you should consult your own lawyer before you purchase or use the Services, the Website or the App. 


THIS USER AGREEMENT CONTAINS INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRES THAT DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. IT ALSO CONTAINS A LIMITATION OF LIABILITY PROVISION. SEE GENERAL TERMS AND CONDITIONS ON https://www.sagecominc.com/product-and-service-terms/ 

The following terms are incorporated into this User Agreement and form a part of this User Agreement: 

•	our Reasonable Use Policy, which can be found at https://www.sagecominc.com/product-and-service-terms/ 
•	our Privacy Policy, which can be found at https://www.sagecominc.com/privacy-policy/
•	any license you are required to agree to in order to download, install and use the App; 
•	any other terms and conditions for a particular Service that are posted on the Website or in the App, including any price or charge for any Service; and 
•	any disclosures, limitations or other information provided with, or printed on, any materials associated with the Services.

SAGECOM reserves the right to update or revise this User Agreement at any time without prior notice. Please check the User Agreement periodically for changes. Please check the Website periodically for changes. Your continued use of a Service, the Website or the App following the posting of any changes 
constitutes acceptance of those changes. 

If you do not agree with the terms of this User Agreement, then you should not purchase or use any of the Services, access the Website or App, or create a Member Profile. If there is any conflict between the terms of this User Agreement and the terms contained on the Website, in the App or in any materials regarding any of the Services, then the terms of this User Agreement will supersede. 

This User Agreement governs your purchase and use of a Service whether you purchased the Service at a retailer location, from an agent, online at the Website or through the App (if available). 

SAGECOM or its affiliates may offer other products or services on the Website and those other products and services are subject to different terms and conditions, which can be found on the Website. 


2. User Profile and Personal Information 

2.1 	User Profile. In order to purchase and use any of the Services, whether from the Website, in the App or at an authorized reseller or retail location, you must create a User Profile (“User Profile”). Your User Profile must contain your name, email address and mobile number. If you purchase any of the Services from the Website, you will be required to choose a password for your User Profile and SAGECOM may verify your email address and contact number.


2.2 Personal Information and Privacy. 

A. 	Information About You - You agree and confirm that the personal information that you provide to us shall be accurate, current and complete in all respects. You agree to promptly update such information to keep it accurate, current and complete. You give us permission to verify all information you provide, including your email address and credit or debit 
card information. SAGECOM reserves the right to suspend or terminate your Services if any information provided to us proves to be inaccurate, not current or incomplete. 

B. 	Information You Provide - You may provide your name, email address and phone number to us to use the Services. From time to time, SAGECOM may request information from you for the purpose of supplying Services to you. You may provide us with information related to your use of our Services and how to contact you so we can provide you customer support. 

C. 	Other Information We Collect - We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services), log files, and diagnostic, crash, website, and performance logs and reports. You agree that SAGECOM may collect from you and use technical data and related information, including but not limited to, information about your phone, system and application software that is gathered periodically to facilitate the provision of the Services. 

D. 	How We Use Information - By using a Service you acknowledge that we may use, share and/or disclose your information with our affiliates (both in and outside the United States) and to select third parties for general, operational and administrative purposes. We use and share all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services. You share your information as you use and communicate through our Services, and we share this information with our affiliates and certain third parties to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you. You should also 
note that our communications with you, including phone conversations and emails, may be monitored and recorded by us for quality assurance or for legal, regulatory or training purposes. We may contact you during and after the term of your relationship with us in order to administer, evaluate and maintain any Service. 

E. 	Privacy Statement - Any personal data collected shall be subject to the terms of our Privacy Policy, which can be found at https://www.sagecominc.com/privacy-policy/ 


3.0 	Pinless Service 

3.1 	Opening a Pinless Account. 

To purchase and use Pinless you must create and fund a Pinless Account (“Pinless Account”). A Pinless Account can also be created with promotional balance. A Pinless Account means a 10 or 11 North American digit unique account number corresponding to your mobile or landline phone number, or such other number provided by SAGECOM (each an “ANI”), which must be funded by you to purchase and use Pinless. You can open a Pinless Account on the Website, through the App or at authorized retail locations. All requests to open or fund a Pinless Account are subject to acceptance by SAGECOM. If you successfully open a Pinless Account, we will send you a confirmation message and other important instructions. The confirmation message will be sent either by SMS to the phone number you requested SAGECOM to register or delivered by email registered on your user profile. which will automatically dial that phone number. You must at all times keep your account information confidential and secure, and you must tell us immediately if your account profile is disclosed to any 
unauthorized person. We may disclose any information in connection with your Pinless Account to anyone who correctly quotes your web password or security question. 


3.2 	Using Pinless - You can use Pinless either on a pay-as-you-go basis or by 
purchasing one of our promotional plans. 

A. 	Pay As You Go - You can use Pinless on a pay-as-you-go basis with your 
Pinless Account. All of the terms and conditions in this section relating to Pinless apply to your use of Pinless on this basis, except for terms and conditions expressly related to the other Pinless programs and plans. Using Pinless on a pay-as-you-go basis gives you a limited right of use to Pinless for a period of one year from your last usage or recharge, except as provided by applicable law. Any amounts allocated to your Pinless Account may be applied only toward the use of Pinless and are not redeemable for cash. SAGECOM may offer one or more pay as you go plans that may offer lower rates to certain countries (“Calling Card Plans). You can call any destination serviced by Pinless with a Calling Card Plan. SAGECOM may discontinue or change the discounted countries in a Calling Card Plan at any time. 


B. Package Plans - You can use Pinless by purchasing one of our Packaged 
plans (each a “Plan”). Each Plan allows the consumer to pay a flat fee to use Pinless and place an bundled number of minutes to any destination included in the Plan during the Plan time period. Consumers can purchase a 24 hour, 7 day or 30 day Plan (as available). Each purchased Plan starts at the time the purchase is recorded by SAGECOM and ends at the same hour either 24 hours, 7 days or 30 days later (as applicable). Each initial purchase and renewal of a Plan requires payment of the Plan’s fee plus any applicable taxes and charges. 


Plans are only available to consumers who have created a Pinless Account and can’t be shared by multiple users. Toll free access is not available with a Plan. 


Each Plan includes one or more calling destinations. Available destinations may include whole countries or only certain areas or cities within countries, and may also be limited by carrier and/or type of phone (landline or mobile) in the destination. SAGECOM reserves the right to add or remove a destination, carrier or phone type from a Plan at any time. Consumers who call a removed destination and have auto-renewal will receive notice that the destination is no longer included in the Plan and will have their auto-renewal setting shut off. See the Website or ask an 
authorized retailer for a complete list of in-Plan destinations. 

SAGECOM reserves the right to add or discontinue a Plan at any time. A consumer’s ability to use a discontinued Plan will expire on the customer’s nearest expiration date. Renewal and auto-renew are not available for discontinued Plans or Plans where the available destinations have changed. 

Plans must be purchased individually and separately by the consumer and the consumer may not use the balance in his/her pay-as-you-go Pinless Account to fund the purchase or renewal of any Plan. Available methods of funding a Plan include cash, credit card and ACH (if and when available). Auto-renewal is available for 7-day and 30-day Plans. Charges for auto-renewal will be made 24-48 hours prior to expiration of the Plan. 

A Plan’s fee covers only calls to in-Plan destinations, carriers or phone types. Any call to a destination, carrier or phone type not included in the Plan, or calls made by other telephone numbers registered to your Pinless Account, will be funded from the consumer’s pay-as-you-go Pinless Account. If your Pinless Account does not have sufficient balance, then a call to a destination, carrier or phone type not included in the Plan will be blocked. 

Plan fees are refundable up to three days after purchase if there was no usage. Plan fees for unused Plans that are renewed are not refundable. 

A consumer’s use of Pinless with a Plan is subject to SAGECOM’s Reasonable Use Policy. SAGECOM reserves the right to not sell a Plan, or to not renew a Plan, to a consumer who is abusing the Plan or using it in a way that overburdens SAGECOM’s network or that could damage SAGECOM’s business. These terms and conditions relating to Pinless apply to your use of Pinless with a Plan, except as set forth herein. 

3.3 	Funding Your Pinless Account or Another Account; Purchasing a Plan. 

A. 	Pay As You Go - You can add funds to your Pinless Account by (1) purchasing a top-up card (voucher) at authorized retailers, (2) providing cash at an authorized retailer, or (3) recharging via the Website, IVR or in the App. Your ANI will be automatically recognized by SAGECOM’s systems. Funding your Pinless Account on a pay-as-you-go basis gives you a limited right of use to Pinless for a period of one year from your last usage or recharge, except as provided by applicable law. Amounts deposited into your Pinless Account have no cash value and may not be refunded. 


B. 	Package Plans - You can purchase a Plan only on the Website. Each initial purchase and renewal of a Plan requires payment of the Plan’s fee plus any applicable taxes and charges. Plans must be purchased individually and 
separately by the consumer and the consumer may not use the balance in his/her pay-as-you-go Pinless Account to fund the purchase or renewal of any Plan. Each purchased Plan allows you to use Pinless and place an bundled number of minutes to any destination included in the Plan during the Plan time period. 




3.4 	Payments. 

A. 	Pay As You Go - Acceptable forms of payment for Pinless include credit card, 
debit card, cash (in store), top-up voucher and any other form of payment SAGECOM may authorize in the future. Payments are either made manually by you or through the automatic recharge function activated by you. The automatic recharge function means that when your Pinless Account balance is below a certain level, your Pinless Account will be automatically recharged using your debit or credit card on file (or ACH, if and when available) with a certain pre-selected amount determined by you. When you fund your Pinless Account by credit or debit card 
sometimes only part of the value requested will be available for your immediate use. In such cases, the remaining balance of any such funds will only be available for you to use once your payment details are authenticated and payment is actually taken. Upon receipt all payments become the property of SAGECOM and you have a corresponding limited right of use to Pinless for a period of one year from your last usage or recharge. 


B. 	Package Plans - Available methods of funding a Plan include cash, credit card 
and ACH (if and when available). Payments are either made manually by you or through the automatic recharge function activated by you. Auto-renewal is available for 7-day and 30-day Plans. The automatic recharge function means that when your Plan expires, you will be automatically charged the Plan fee for a new term of your Plan (if the Plan is available) using your authorized payment vehicle. Charges for auto-renewal will be made 24-48 hours prior to expiration of the Plan. Upon receipt all payments become the property of SAGECOM and you have a corresponding limited right of use to Pinless for the applicable Plan time period. 


C. 	Credit Card Payments - All credit card payments and recharges for Pinless 
made through the Website or our IVR are processed by approved and authorized payment gateway affiliate.  Sagecom is not responsible for any and all indirect credit card payments and recharges for Pinless made at designated retailers or other third parties.  

D. 	General - We do not waive our right to collect the full amount due if your form of payment is cancelled, disabled, discontinued or otherwise dishonored after your use of the Service. All payments must be made in U.S. dollars. 


3.5 	Charges. 

A. 	Pay As You Go. The charges for any specific call placed with Pinless, 
including calls to Directory Assistance and toll free numbers, consist of a per minute rate to the destination called plus any applicable taxes and charges. The Website contains the per minute rates and other charges for using Pinless, including any Paygo Plan. The rate per minute for calls made from 800 access are billed an additional 1.5 cents per minute. An additional $1 is added to the first minute rate for each call from a payphone. Call duration is based on one minute rounding and fractions of minutes will be rounded up to the next minute. The total cost of each 
call is rounded to the next full cent. The charges incurred will be automatically deducted from the balance in your Pinless Account. 


B. 	Package Plans. Each initial purchase and renewal of a Plan requires payment of the Plan’s fee plus any applicable taxes and charges. The Website contains the Plan fee for each Plan. A Plan’s fee covers only calls to in-Plan destinations, carriers or phone types. Any call to a destination, carrier or phone type not included in the Plan, or calls made by other telephone numbers registered to your Pinless Account, will be funded from the consumer’s pay-as-you-go Pinless Account. If your Pinless Account does not have sufficient balance, then a call to a destination, carrier or phone type not included in the Plan will be blocked. 


C. 	General. All charges, including the per minute rate and Plan fee, are shown and billed in U.S. dollars or Canadian Dollars depending on service location. You may contact SAGECOM’s Customer Service Representatives at 1-866-724-
3866 if you have any questions about Pinless, including the U.S. domestic or international long distance rates associated with Pinless. You agree that by continuing to use Pinless following a change in the rates or charges, you accept such adjustments. SAGECOM may change the per minute rates and other charges (or add additional charges) associated with Pinless at any time without prior notice, and such changes will be effective from the time they are posted to the Website. Advertised minutes and rates are based on a single, non-payphone call from the U.S. or Canada
using non toll-free access. 

3.6 	Cell Phone Use. 

When dialing an access number for Pinless from a cell phone, DO NOT PRESS “SEND” again after entering your destination number as this might result in additional charges from your wireless provider. Rather, you should wait for Pinless to commence automatically after dialing the destination number. When using Pinless with the App make sure that you are in the App before commencing your call or you may be charged by your mobile carrier. SAGECOM is not responsible for any costs incurred by you if you incorrectly use Pinless, including without limitation cell phone provider charges. 


3.7 	Account Limitations. 

SAGECOM may, in its sole discretion, limit the number of Pinless Accounts you can open and/or maintain at one time, or over a certain period of time. We reserve the right to reject your attempt to open a Pinless Account and reserve the right to close any Pinless Account (with a corresponding refund) if the number of your accounts exceeds any limit which we impose. You may add up to five additional phone numbers to your ANI. SAGECOM may also limit the amount of balance you can add to a Pinless Account on any day and any transaction that exceeds that limit will be canceled. 


3.8 	Refunds. 

A. 	Pay As You Go - You have no right to a refund for amounts added to your Pinless Account or for any unused balance. Amounts added to your Pinless Account and any unused balance have no cash value. 


B. 	Package Plans - Plan fees are refundable up to 48 hours after purchase if there 
was no usage. Plan fees for unused Plans that are renewed are not refundable. All requests for refunds must be submitted through Customer Service. 

3.9 	Credits for Interruptions. 

If an interruption or failure of Pinless is caused solely by us and not by you or by a third party or by other causes beyond our reasonable control, you may be entitled 
to a credit to be applied to your Pinless Account balance to be used on a pay-as-you-go basis. To request a credit, you must contact Customer Service by phone, in writing or email to services@sagecominc.com SAGECOM reserves the right to refuse a credit request if it reasonably believes (a) that you are trying to unfairly 
exploit this credit policy, (b) you have breached this User Agreement or (iii) that you are using Pinless fraudulently or that your Pinless Account is being used fraudulently by a third party. Credits will not be provided in cash. 


3.10 	Roaming Charges. 

You may also have to pay additional roaming charges to your mobile 
carrier if you connect to Pinless while you are in a location where your mobile carrier does not have its own facilities (and your call roams on a third party’s facilities) and/or a country that is not the country associated with your mobile carrier account. Roaming charges are charged in addition to any SAGECOM charges 
you may incur when connecting to or using Pinless from another country. 


3.11	Accounting Errors. 

If you believe that SAGECOM has charged you in error, you must submit a 
written request for a refund by contacting Customer Service by mail or email to 
services@sagecominc.com within 60 days after the date the error first appears in your Pinless Account or within 90 days after the error occurred, whichever is the earlier. No refunds will be given for any charges beyond these time limits. 

3.12	Promotional Offers. 

From time to time, SAGECOM may offer Pinless for free for a trial period or offer other promotions related to Pinless. SAGECOM reserves the right to restrict these promotional offers to certain users, or place other restrictions or conditions on such offers. SAGECOM also reserves the right to stop any promotional offer or to prohibit a user from continuing to use Pinless if SAGECOM determines that a user is abusing the terms of the offers. SAGECOM reserves the right to expire and remove any promotional balance from Pinless Accounts with no usage for one year or more. 


3.13 	No Emergency Calls. 

Pinless does not and is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any type of emergency services of any kind and SAGECOM is not liable in any manner for such calls. 


3.14 	No SMS, MMS or FAX Messages. 

Pinless does not include the ability to send messages via SMS, MMS or FAX. 


3.15	Termination of Right of Use. 

A. 	Pay As You Go -  Your right of use in your Pinless Account and to Pinless will 
terminate one year from your last usage or recharge, except as provided by applicable law. 


B.	Package Plans - Your use of a Plan expires at the end of the applicable use 
period. Each purchased Plan starts at the time the purchase is recorded by SAGECOM and ends at the same hour either 24 hours, 7 days or 30 days later (as applicable). SAGECOM reserves the right to add or discontinue a Plan at any time. A consumer’s ability to use a discontinued Plan will expire on the customer’s nearest expiration date. Renewal and auto-renew are not available for discontinued Plans or Plans where the available destinations have changed. Your right of use in your Plan and to Pinless will terminate at the end of your Plan’s time period. 

C. 	General - SAGECOM reserves the right to extend or grant additional rights of use to Pinless in its sole discretion. 


3.16 	App-to-App Calls and Messaging. 

The App-to-App messaging Service (“App-to-App”), if and when available, allows users of the App to make free calls or send free messages to other users of the App. In order to use App-to-App both parties must have the latest version of the App and communicate via either a data or WiFi connection. SAGECOM does not charge for any call made or message sent using App-to-App. We will not be liable for any charges payable to your mobile provider or any third party arising from your use of App-to-App. Your use of App-to-App is subject to our Reasonable Use Policy.
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Terms and Conditions
