Terms and Conditions of Usage of Hola América’s Android Mobile App
Hola America® is the service mark of Hola America LLC a company incorporated under the laws of Delaware, with principle address at 16192 Coastal Highway Lewes DE 19958 (hereinafter called “Hola America”). At Hola America, we provide the best quality international calling services at affordable rates. For more information about Hola America®, please visit our corporative web site at www.holaamerica.com.
Subject to terms and conditions shown below, Hola America® grants the subscriber a single non-exclusive month-to-month limited use license (The “License”), that may not be sub-licensed, transferred or assigned by the subscriber to access the mobile application and the Hola America web site to order, to buy communication services, or services that includes the option to participate in promotions and customer reward programs. Hola America® reserves the right to suspend, limit or cancel this license subject to the following terms and conditions of the License. Hola America reserves the right to modify the terms and conditions of this license at any time.
Under access and use of this application, you agree to be bound by all terms and conditions set out below. Any use or purchase through this application are expressly conditioned on your compliance with this terms and conditions as established hereunder and as these terms are occasionally upgraded by Hola América®. DO NOT SIGN UP FOR THIS APPLICATION, USE THE SERVICES, CREATE AN ACCOUNT OR ACQUIRE INTERNATIONAL CALLING SERVICES IN THIS APPLICATION if you do not accept any of the terms and conditions indicated BELOW. These terms and conditions and any other offered unit are subject to The Electronic Signatures in Global and National Commerce Act (E-sign Act) from year 2000, as amended and according it constituted an agreement between Hola America and the Account User and not for anyone else. Accepting this mobile application download by choosing “I accept” in the downloading screen it means user consent. WHEN YOU ACTIVE YOUR HOLA AMERICA ACCOUNT OR USE ANY OF THE SERVICES, IT REPRESENT THAT YOU HAVE THE LEGAL AGE TO ACCEPT THIS AGREEMENT AND THAT YOU HAVE READ AND COMPLETELY UNDERSTAND THE TERMS AND CONDITIOS FOR THIS AGREEMENT AND APPLICATION USE.
WARNING: It is a state and federal crime in USA (our service location) to buy any product or services using internet by fraudulent means. Any and each of the products bought through this application will not be used for any illegal purpose. In case Hola America detects any transaction or fraudulent activity, we reserve the rights to send any information of your network to the victim or law enforcement agencies, previous legal request, without the previous consent of the account user. This is an unconditional license term and non-negotiable and one exception to our privacy policies.
- App Services and Functions.
With our application, you can:
- Make international calls directly from the mobile application.
- Recharge your account balance to make international calls.
- Purchase International mobile recharges (Top-Ups) for foreign subscriber accounts. This includes:
- Ability to send international mobile recharges outside U.S.A.
- Purchase Mobile bundle packs outside U.S.A.
- Nauta Recharges.
- Purchase SIM Cards with or without phone in Cuba.
To use the application, you must first register by calling our Call Center or through our website at www.holaamerica.com. Once you register online you will be able to use our services, accepting that the information you provided is truthful, accurate and complete. It is your responsibility to inform us if there are any changes in your registration details.
When registering on our Website you will provide a valid e-mail and choose a password. For this agreement, your username will be the e-mail you provide early when you create the account. You are entirely responsible for all activities which occur under your e-mail address and/or password, including unauthorized use of your debit or credit card.
Your password is personal and non-transferable, and it is your responsibility to keep it safe. In case you forget or lose your password, you must request a new password by visiting the “Forgot my Password” section in our website, or you can also request a new password at our Call Center.
- Hola America® APP Use
- International phone call feature
To make an international call you can use the following ways:
(i) In the Contact feature inside the application, selecting one phone number in format 011+ area code + phone number or area code + phone number.
(ii) From the dialpad feature inside the application, dialing number in format 011+ area code + phone number or area code + phone number.
When making the call you will hear a welcome message from Hola América® along with the available balance in your account. In case you don’t hear anything, you should assume your cellphone provider is connecting the call and will charge you without Hola América® to be involved in any stage of the call. You will not be able to claim Hola América® the amount charged by your cellphone provider from one or the calls in which Hola América® is not involved.
For the correct use of the Hola America® mobile app, you must disable the international calling service with your local wireless or mobile operator, as well as disable any other installed calling apps in your cellphone that may interfere with Hola America® operation or calling features. If any doubt, contact us at customer service.
If, as result of non-compliance of the above terms, you incur charges from your wireless or mobile provider for international calls, because another calling app installed on your smartphone, interfered or disabled the Hola America® mobile app and your call was routed to your wireless or mobile provider instead of Hola America® as a result, those charges are strictly your responsibility, as the end user of the smartphone device.
When you download Hola América® mobile app and grant access to your phone contact list, a Hola America® phone number will be created and maintained in your smartphone’s contact list. This Hola América® phone number must be kept in your smartphone’s contact list for the correct use of Hola America® mobile app and calling service. Hola America® is not responsible for any call charges that result from the smartphone user deleting the Hola America® phone number created and maintained in the smartphone’s contact list by the Hola America® app.
Once you properly use the Hola América® Mobile APP, we will charge you a rate per minute according to the destination you are calling to, plus taxes and any other charge that correspond. Each region might have a different rate. The call duration is based on rounded minutes, and the final minutes will be rounded up to a minute. The final charge will be withdrawn from your balance. Hola América® can change rates per minute or charges in any moment and without notification. You accept the rate changes and charges when you continue using our services. Your cellphone provider will charge you for the connection with our access number as you have agreed with your provider.
Hola América® is not meant to be used for interstate calling within United States, to make calls with certain codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 o 555, to make toll-free calls, operator assisted calls, third parties invoiced services, directory assistance, or reverted charge calls.
Hola América® is not available in State of Alaska and no Service is provided to that region.
No declaration or warranty is made, implied or explicit in relation to the number of minutes available to a country, or the number of minutes left intended for a certain country. All the marketing material, rate tables, or voice signal that refers to previous information, does not represent charges, costs, rates, or incremental billing of the items previously described.
Do not use the application for emergency calls to 911 Service.
The Hola América® Mobile APP is intended ONLY for making person to person international calls. Neither the application nor the services support or include emergency calls to hospital, police department, medical attention units or any other type of services that connect a user with emergency services, or public safety care centers.
- Recharge balance in your Pinless account
To recharge your account and make international calls you must go the “Recharge” option and then select “International Calls” within “Recharge Type”. In case you have configured other subaccounts, please be sure to select the correct account. The amount to pay is clearly identified in the app, when you executed this transaction you are accepting the Hola América Mobile Transactional App Terms and Conditions.
- International mobile air time recharges and data bundles recharges
International mobile air time recharges or data bundles recharges service will be provided through Hola America to international mobile operator in several countries that are subject to change according to availability. In order to make an air time or data bundle recharge you must give all the required information such as destination, phone number, bundle price in U.S. currency that will match the cellphone minutes, bonus balance or additional services and expiration date as determined by the international mobile operator. It is your responsibility to enter all the correct information before making an international mobile air time or data bundle recharge.
The mobile air time recharge or data bundles recharge will be immediately sent to the international phone number after successful payment. You accept and understand that Hola América® acts with your consent to send international mobile air time or data bundle recharges and that the international mobile operator is the only responsible between you and the receiver of the air time or data bundle recharge.
The mobile air time recharge or data bundles recharge service will be provided by Hola America to the international mobile operator of several countries and will be subject to change according to availability. To use it you must give all required information depending on the type of recharge you wish to do, also you must enter the price in U.S. currency. Each operator offers the services with their own terms. It is your responsibility to enter all correct information before making a payment.
The payment of the recharge of mobile air time or data bundle will be immediately accomplished. You accept and understand that Hola América® acts with your consent to recharge international air time or data bundle and that the international service operator is the only responsible between you and the receiver of the air time.
The total amount will clearly show before confirming and proceeding with your transaction. When the air time or data bundle payment is executed the operator will enable the service according to their own Service Policy, which must be requested to the operator in case you wish to review it.
The mobile air time or data bundles recharge payment cannot be cancelled or reversed once it is sent, so carefully check all the information before sending it.
Hola America® will only process transactions with credit and debit cards that have been authorize by the official card networks or card issuer. The cardholder is the only responsible to Hola América®, for all the reverse or charged transactions of their fees, regardless of the reason or the reverse or chargeback.
Hola America® can add or delete one or more credit card types as payment card compatible at any time, included but not limited, to Pay Pal® or other online payment systems. Chargebacks will represent a request from the cardholder directly to their credit/debit card company to claim a payment processed by Hola America after the user have bought or use our services.
- Licensing terms
The application is granted under the subscriber Licenses. It is not for re-sale by the subscriber and just for personal use under the terms of the License. To download and install Hola America application in a mobile device of your own or control, you will be granted a limited license, non-exclusive non-sub licensable and non-transferable License on the device through your account (henceforth called “the device”)
This License does not allow you to use the application in a device that it is not of your property, or that it is not under your control. You are prohibited from installing the application under your account on two different devices at the same time. You are also prohibited from distributing the application, or its access, on the internet or from a post it in an online network. The terms of this License, including updates, upgrades, modification, corrections and future versions of the application, shall automatically apply unless they are offered by Hola América® under a separate and additional license because of the program. Hola América® reserves all rights not expressly grant you extension of this License for separate and additional programs. You will be advised of the need for a separate and additional upon download of the application extension and shall have the option to accept or reject the terms of that license at that time.
- Application updates
Hola América® may create updates to the Mobile APP and make them available for you to download through different channels. The updates may be necessary to maintain software compatibility, security updates or a new version of terms and conditions you might have to accept otherwise you cannot use the application. However Hola América® is not under any obligation to create updates on a regular basis or for particular purpose.
It is also possible that the update might not be compatible with all devices. If this is the case with your device, you will need to get another device that is compatible with our Mobile APP to keep using our services.
- Partial suspension of service or disruptions of service.
Hola América® or the International Services Operators may schedule maintenance or upgrades to the application at times convenient to them and technical demands. Services that allow you to use the application and the features may not be available during those times. This may require that Hola America® suspend temporarily or limit the total or partial use of the Application or Services until maintenance or upgrade is complete. You agree that you cannot make claims for damages for calls or Service interruption during such maintenance or upgrades, whether or not you received notice of the scheduled suspension or not.
- Intellectual property and patents
Unless otherwise indicated, the elements used to make the application as its trademark, logos, software, patents and copyrights themselves and third parties, all of this you acknowledge as intellectual property of Hola America®, its affiliated companies or third parties and understands that it is not extensive to you, so you cannot claim any of the above as your property.
All the content and materials within this application or the Hola America® web site, including the application software functions, web site and transactional designs, are protected by the USA copyright laws or intellectual property rights. Any commercial use of this application, web site, support software and materials included in this document are strictly prohibited without prior written express consent of Hola America®. Any copy or reproduction or redistribution of the application, software or images content that do not complies with the terms and conditions established in this document are strictly prohibited by the law and USA copyright treaty, and may result in severe civil and criminal penalties
You have no rights in the Intellectual Property of Hola America® or the contents of the application and you cannot use them in any way, without the prior written consent of Hola America®. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works, sell or exploit in any way the Intellectual Property of Hola America® or the contents of the application. The purpose of Hola America® Intellectual Property and the contents of the application are to promote the products and services available from Hola America®.
- Anti-Piracy Policy
The user accepts and guarantee that him or her will not use this application in any way that may cause damage to our website or affect the viability or application access; or any other illegal method or in relationship for any other purpose illegal, fraudulent or harmful activity. The user also accepts and guarantee that he will not use this application or web site to copy, save, transmit, store, send, use, publish or distribute any material that is (or is related) to any spy software, informatics virus, worm, Trojan horse, key logger, rootkit or any other malicious software. The user accepts not to make any automatic or systematic data collection activity (including among others, scraping, data collection, data mining and data mining and collection), with or in relationship with this application or web site without the previous written consent of Hola America. The user accepts that he or she will not publish material of this application or web site (including the publications of another website); sell, rent or sub-license material from the web site; show any material of the web site in public or to the public; duplicate, reproduce, copy or exploit the material from this website for business purpose; edit or modify any other application material or web site; or redistribute material from this application o website (except specific content that is available for distribution). Where and if the content is specifically available for distribution, it may only be distributed within the organization and the user is completely responsible for the use or misuse since then.
- Legal Use outside USA
It may be that in countries outside United States there are restrictions or laws against the services offered by the application. It is your responsibility to ensure that the use of the application outside the United States is legally authorized, and therefore you agree to use the application and the services in accordance with all applicable laws where you are located. You may not export the application, except as otherwise authorized by the laws of the United States. Hola America® does not guarantee that the application, certain functions of this or the services are adequate, legal or that are available for use in your locality. Access to the application or to the services from the location that is not included in these Terms and Conditions is prohibited. Those who decide to access the application and the services from other countries might do so under own initiative and are responsible for obeying all applicable laws.
You may not use or access the Application or Services if you: (a) are not legally entitled to use the application and services in the country in which you reside or temporary reside when you want to use the application, or (b) cannot formalize a legally binding agreement with Hola America®.
The exportation and re-exportation of website materials, underlying software code(s) or the software itself, included in this downloadable application or the application patches is controlled by the current U.S. exportation laws and regulations. Therefore, you, the subscriber, certify and agree that you understand and will comply with all the regulations and rules of exportation that are applicable, including the responsibility of obtaining a license for exportation or re-exportation materials or software to any destination that requires a license. Such materials and software requests cannot be downloaded and then exported or to Iran, Iraq, Libya, Sudan, Taliban controlled regions in Afghanistan or any other country that US prohibit goods, technology or services exportation or to the nationals of this countries. Neither the software nor the materials can be distributed to people in the Table of Denial Orders or on Entity Lists or Specially Designated Nationals and Blocked Persons List that the US government maintains. This includes the export of devices pre-loaded with the Hola America® Mobile APP. When you download the software and the materials, you are certifying that you are not a national of one of the countries listed before or any other country where the U.S. seize goods, services or technology and that you are not one person of the list. Table of Denial Orders, list of entities or the nationals especially designated.
General Provision for User Password
We recommend that you keep your user and password safe. Hola America® will not be responsible for the loss, theft or unauthorized use of this personal identification Number/PIN. Credit card fraud is a criminal offense. Hola America® uses automated and manual systems to confirm the correct authorization of credit cards, even our representative’s call people who enrolled in Hola America®. We also track each transaction. Information relating to fraudulent transactions, including, but not limited to, IP addresses, detailed call records and e-mail, are collected and provided to law enforcement officials to assist in the prosecution of any person who try to commit a fraud on Hola America® website.
Credit and refund policy
The people that work at Hola America® are committed to provide high-quality services every day. However, circumstances beyond our control can lead to occasional service interruptions. We will give you credit or a refund in the following cases:
If you are charged for a call with technical problems, after the respective verification and if warranted, we will credit the amount charged to your account; If you have an active account with less than $5 and wish to discontinue the service; If you unintentionally created two or more Hola America® accounts and want to close the additional accounts and if you were wrongly charged for services you did not receive or you did not sign up. In such cases, you must contact Hola America® within 24 hours you weren’t able to make the call or have discovered wrong charges.
You can cancel your account while using the first $ 5.00 and receive a full refund. After this trial period, you may suspend service at any time by giving a written notice (either electronically or through postal service) to Hola America Customer Service. Then we will proceed to cancel your account. Hola America® has no obligation to refund the unused balance in your Hola America® account at the time of service suspension, so we recommend that you use the remaining balance before closing the account.
Limitation of Warrantees and Guarantees
There is no guarantee, express or implied, is made regarding the services offered or service for any purpose, including title guarantees or implied guarantees of merchantability or non-infringement. Hola America® does not authorize anyone to grant guarantees on behalf of Hola America® and you cannot trust on a warranty statement to be a guarantee of Hola America®. In case of any argument, claim or dispute relating to the use of the provided service, the liability of Hola America® or any of its employees, agents or service providers (the “involved party”) is agreed by the user or consumer to be limited to an amount equivalent to the one charged by the affected service. IN NO EVENT SHALL THE INVOLVED PARTS WILL BE RESPONSIBLE FOR PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. BY USING THIS SERVICE, YOU ACCEPT THESE TERMS AND CONDITIONS.
IN NO CASE, HOLA AMERICA SHALL BE RESPONSIBLE WITH THE USER FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, (INCLUDING BUT NOT LIMITED TO DAMAGE FOR INTERRUPTION OF TE LOST OR PROPERTY LOST AND SIMILAR LOST) DERIVED FROM THE USE OR THE IMPOSSIBILITY TO USE THE APPLICATION IN ALL THE PLACES AT ANY TIME AND THE UNDERLYING SOFTWARE, EVEN IF HOLA AMERICA AND ALL THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN WARNED OF THE POSSIBILITY OF ALL THESE DAMAGES., OR (II) ANY ATTRIBUTABLE CLAIM TO MISTAKES, OMISSIONS OR OTHER INEXACTITUDES OF THE APPLICATION OR WEB SITE AND UNDERLYING SOFTWARE FOR THE SOLD SERVICES TROUGH THE APPLICATION OR THE HOLA AMERICA WEBSITE.
In addition to what precedes, Hola America® do not offer warranties of any kind, expressed or implied, including without limitation or warranties of merchantability or adaption for any purpose regard the application, web site and/or user account and underlying software and will not be responsible for any cost or any direct or indirect damage resulting from a transaction, application use or web site and underlying software.
Hola America® does not guarantee that the application and underlying software Will be error free or that will work without any malfunction or interruption in all the places and all the time or that any application problem and the underlying software will be fix by any software holder under warranty.
Other Limitations applicable to Service.
Hola America® will not be responsible for any act or omission of any company or third parties (including competitive mobile apps for international calling) that provides the services, including suppliers that participate in the offers made to you, or damages related to the service, channels or equipment that are not provided by Hola America®, or any emergent damages arising from the performance of systems, equipment, facilities or services provided by customer that are interconnected with Hola America® services.
No dispute or claim may be commenced as a class action or as a private attorney general and you shall not have the right to act as a class representative or to participate as a member of a class of plaintiffs in respect of any dispute or claim related to the Hola America® Mobile app or service.
The failure of Hola America® at any time to require performance by you of any provision of this Agreement shall not affect in any way the full right to require the performance at any subsequent time. Hola America®, in its single discretion, may modify these Terms and conditions.
These terms and conditions are binding on you and Hola America® as well as for your representatives and heirs and those of Hola America®, respectively. If a court determines that any part or provision of these Terms is null or unenforceable under applicable law, that part or provision shall be null and void only with the scope of said nullity or unenforceability, without affecting in any way the remaining parts or provisions of these Terms, which shall continue in full force and effect, and the you and Hola America® shall substitute for the invalid provisions a valid provision which most closely approximates the intent and economic effect of the invalid provision.
Consumer Dispute Resolution
This section provides a resolution of disputes through arbitration rather than court proceedings, judgments or class actions. The arbitration shall be final and obligatory. If you have any conflict related to your service, please first contact the customer service number listed on Hola America® website. You agree that any conflict arising out of or relating to these terms (regardless of whether the dispute is based on contracts, wrongdoing, laws, frauds, false statements or any other legal or equitable theory) shall be submitted to the Arbitration Association of the United States (“AAA”) for final and binding arbitration. The arbitration shall be conducted in accordance to the AAA Arbitration Rules for Commercial Arbitration Rules for the Settlement of Consumer Disputes (“AAA Rules”), as such rules are in effect of the date of commencement of the arbitration and as they are modified by these Terms. The arbitration should be determinate by single arbitrator selected form the AAA neutral panel. For more information on AAA, visit the website at www.adr.org. The arbitration shall be based only on written submissions of the involved parts and documents submitted to the arbitrator, unless the involved parts agree or the arbitrator orders otherwise. Additional charges may apply for these procedures. The award may be confirmed and enforced in any competent court. Currently, the AAA Rules provide reduced court fees for consumers. Unless otherwise provided in the AAA Rules or in the arbitration award, all other administrative fees and expenses, including expenses and fees of the arbitrator, shall be shared equally between you and Hola America®. Each party shall accept the expense incurred in the preparation and presentation of its own cause. All in-person arbitration procedures will be conducted in Lewes, Delaware or at the location selected by AAA, unless otherwise agreed by the parties. The law governing the interpretation of these terms and conditions shall be the laws of the State of Delaware, U.S.A. Each dispute will be submitted to arbitration individually and will not be consolidated in any action with the disputes or claims of other consumers. No dispute or claim may be brought as a class action or as a private general attorney and you shall not have the right to act as a class representative or to participate as a member of a class of claimants regarding any dispute or claim linked to the service. Any dispute or claim arising out of these terms or relating to these terms shall be brought within one year after the date on which the basis for the dispute or claim arises or within the period set forth by law. Mediation through AAA is mandatory, for any customer claim, before any other formal arbitration presented by any of the involved parts. Hola America® reserves the exclusive and sole right to litigate any claim due to nonpayment or chargeback of a credit or debit card in an appropriate jurisdiction court and the user accepts the personal jurisdiction of this court for such claims or causes.
Disputes involving Intellectual Property, Fraud, or Injunctive Relief
You agree that in the event of any claim or dispute in respect to Intellectual Property, Fraud, or require Hola America® to seek injunctive relief, or the rights or obligations of the parties hereto, all similar actions or proceedings must be exclusively brought forth in the state or federal Courts of Lewes, Delaware. The law governing the interpretation of these terms and conditions shall be the laws of the State of Delaware, U.S.A. Under these terms and conditions, you expressly waive the right to object to the exclusive jurisdiction of such court, or personal service under this court, or the right to object to the venue of such court or that such court is an inconvenient fórum in such an event. You also expressly waive any requirement that Hola America® may have in posting a bond in such an instance. This is a material term of Service for Hola America® in offering you service and continued service through the Mobile APP.
Fees and Taxes
Call charges includes charges of up to 15% (when applicable) that cover amounts associated with third parties, mandatory Federal Communications Regulatory Fees or Taxes, administration and billing expenses. State sales or communication service taxes may apply depending on your jurisdiction. You can obtain additional information by calling 1-888-240-HOLA (4652).
Taxes and charges may apply to calls originated from public telephones and will incur an extra charge. There are no additional charges. Your minutes will never expire unless your account remains inactive for 60 days from the day of last use, at which time Hola America® have no obligation to return your unused balance and we will cancel your account. We recommend you use your balance and make frequent calls, so you do not have your account inactive for more than 60 days.
You agree to indemnify, defend Hola America® and its distributors and agents against any claim for loss or damage arising out of the use of the service, including (a) defamation claims, defamation, libel, privacy violation, or Copyrights violation, arising from resources, data, information or other content transmitted through the service, and (b) all other arguments and claims arising out of any intentional act or omission that could give rise to a civil or criminal liability on your part or other persons authorized by you to use the service.
You agree to indemnify and exempt Hola America from any liability, loss, damage or claim of any kind arising out of the use of the application or services through the Application, (b) breach of this License or (C) rights violations of another person or entity. You further agree that Hola America® will not be liable for third party claims against you, arising out of your use of the Application, and you agree to refund Hola America® for costs and expenses related to defend such claims, including reasonable fees unless the claims are based on a deliberate misconduct or gross negligence from our part. This clause will continue even after the expiration or cancellation of the License. For the purposes of this paragraph, when referring to “Hola America®”, we include our parent companies, subsidiaries and affiliated legal entities, as well as all its directors, officers, representatives and employees.
Force Majeure Events
Hola America® shall not be responsible for non-compliance, loss or damage caused by a fact beyond our reasonable control, including, but not limited to, fire, explosion, power outage, earthquake, volcanic activity, flood, inclement Time, strike, embargo, labor disputes, intervention by a civil or military authority, war, expropriation of existing services in agreement or any other force majeure reasons, acts or omissions of nature, operators, suppliers, regulatory or governmental organizations.