Pasitos’s Terms and Conditions

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(Last updated on August 30th, 2016)
These page comprise the terms and conditions set forth below and any additional terms and conditions provided on this website including but not limited to Pasitos’s Privacy Policy (together the “Terms and Conditions”) and govern the use of the service provided to you by Pasitos, or otherwise the relationship between you and Pasitos in connection with the service.

1. Agreement to Terms and Conditions

1.1 All users of Pasitos (“Users”) shall use this website, the Pasitos mobile application and other products and services provided on this website (all of the foregoing, collectively, the "Service") in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.

You agree to be bound by the Terms and Conditions when you:

Click accept the Terms and Conditions during registration process, or otherwise agree to the Terms and Conditions. Access the website www.daley.com (the “ Web Site”).

Download the Pasitos mobile application (“Pasitos App") to your mobile device. In addition, by downloading the Pasitos App from App Store or Google Play you agree to the applicable terms of the license of Apple and Google which will bind you.

Otherwise use the Service, as further described below or on the Web Site or in the Pasitos App.

1.3 Minors may use the Service only with consent from their parents or legal guardian. Furthermore, if Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.

1.4 By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.

2. User license

In consideration of you agreeing to abide by the Terms and Condition, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Pasitos App, the Web Site and other parts of the Service provided or made available to you by Pasitos. You may download a copy of the Pasitos App onto a mobile device which you control and to view, use and display the Pasitos App on the mobile devices for your personal purposes only. We reserve all other rights. Not limiting the aforesaid, in relation to the Pasitos App, we license the use of the Pasitos App to you on the basis of the Terms and Conditions and subject to any rules or policies applied by Apple Inc. and/or Google Inc., or any other entity within the Apple or Google group. We do not sell the Pasitos App to you. We remain the owners of the Pasitos App at all times.

You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Pasitos App, Web Site or, to the extent applicable, or any other part of the Service. You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to the Service.

3. Disclaimer

The materials on the Web Site are provided "as is". Pasitos makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Pasitos does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this Web Site.

4. Limitations

In no event shall Pasitos or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our Web Site, even if Pasitos or a Pasitos authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and errata

The materials appearing on this Web Site could include technical, typographical, or photographic errors. Pasitos does not warrant that any of the materials on its Web Site are accurate, complete, or current. Pasitos may make changes to the materials contained on its Web Site at any time without notice. Pasitos does not, however, make any commitment to update the materials.

6. Governing law

Any claim relating to the Service and Web Site shall be governed by the laws of the kingdom of The Netherlands without regard to its conflict of law provisions. Pasitos is governed by the law of the Netherlands. User is obliged to check the local laws in his own country regarding the use of the Service. General Terms and Conditions applicable to use of a service.

7. Restrictions

Users shall not engage in the following when using the Service:

7.1. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.

7.2. Activities that may hinder public order or customs.

7.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of Pasitos and/or a third party granted by the law or contract.

7.4. Activities that transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.

7.5. Activities that lead to the misrepresentation of Pasitos and/or a third party, or intentionally spread false information.

7.6. Activities that exchange the right to use our contents into cash, property or other economic benefits without Pasitos's authorization.

7.7. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by Pasitos). Use the Service for the purpose of harassments or libelous attacks against other Users; or use the Service for purposes other than the Service's true intent.

7.8. Activities that benefit or collaborate with anti-social groups.

7.9. Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.

7.10. Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by means of BOTs, cheat tools, or other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with Almisa Solutions’ operation of the Service or Users’ use of the Service.

7.11. Other activities that are deemed by Pasitos to be inappropriate.

8. Payment, rates and accounts

8.1 Payment User is responsible to fulfill his payments within due periods, included, but not limited to, monthly subscription and one-off payments.

Subscriptions are automatically renewed unless discontinued by you prior to the occurrence of the new subscription period.

You agree to provide us with accurate and complete billing information and to report all changes within 10 days of the change.

All payments are processed via a third party payment processor ("Payment Processor"). You agree to provide complete and accurate payment information and further agree that the processing of payment transactions is subject to the terms, conditions and policies, including privacy policies, of the Payment Processor and your credit card issuer.

8.1.1 Late Payments: Pasitos will automatically collect your monthly payment for the chosen plan. If, for whatever reason, the transaction did not go through, after several attempts, we will send you a payment reminder email, asking you to fulfill the payment within a given deadline. Should you fail to complete the payment within this deadline, we will temporarily suspend your account. In this case we will send you an email informing you that your account has been suspended and that you are given another deadline to re-activate the account, the procedure to follow and the applicable reactivation costs. Should you fail to complete this process within the given deadline, we will permanently deactivate your Pasitos account.

8.2 Rates and VAT Pasitos will publish the price list of the plans on its Web Site and it does reserve the right to change the pricing of the plans from time to time. However, Pasitos will have to inform the Users in advance about the potential change in their monthly plans. If the User does not want to accept the new prices, then he/she will be given an option to cancel the service, but Pasitos will never start charging people more money than what they signed up for. Furthermore, besides the pricing changes of the existing plans, Pasitos might add new plans or cancel some of the existing ones. All these changes will be in advance communicated to the Users.

8.2.1 VAT: Pasitos will charge everything with VAT. The Users can download their invoices through their Pasitos user account Dashboard where the VAT amount will be clearly stated, which the corporate Users will need for their tax reports.

8.2.2 Currency: Pasitos offers service in currencies that are shown on its pricing lists.

8.3 Refunds Pasitos does not offer refunds. However, if you believe that we have charged you in error, you can contact our customer support team within 60 days of such charge, writing an email to support@daley.com. No refunds will be given for any charges more than 60 days.

8.4 Account and receipt When you log in to your account you will find certain information relating to your use of the Service, such as payments made, calling history (during a limited period). In addition, Pasitos may also provide you with a receipt (by e-mail) upon pre-payments for the Service (“Account Records”). Please note that the Account Records is the only statement of the account, or the activities relating to the account, that we will provide to you. It is your responsibility to print and/or save copies of your account records, and to retain copies for your records. Pasitos will use commercially reasonable efforts to correct any technical failures relating to the Account Records within a reasonable time. However, your inability to view the Account Records does not extend, or relieve you of, your obligation to pay any amounts owing to Pasitos.

9. Fair use policy

Pasitos reserves the right to immediately disconnect, modify or suspend your Service and offer you an alternative calling plan if it determines, in its sole and absolute discretion, that your use of the Service is, or at any time was, inconsistent with normal intended usage patterns or you exceed the Fair Usage Limits set out below. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service was inconsistent with normal intended use or the fair usage limits set out below.

Fair usage limits:

Fair usage policy is referring to a fair use for intended purposes only by all of Pasitos Users. This includes, but is not limited to: Calls included in Pasitos unlimited calling plans have a maximum call duration of one (1) hour per call, after which time the call will be disconnected. Of course, you are free to immediately redial the same number and continue the conversation. The calls are intended for the regular/usual phone calls between private individuals and companies. The Service is not intended for telemarketing purposes, server calls, call centers, and other types of heavy traffic calls. It is also not intended for unsolicited calling, or any other type of unusual calling, included, but not limited to repetitive high volumes of short calls, repetitive calling of multiple numbers, etc.

10. Reliability of the Service

Pasitos guarantees the full technical reliability of its service. Pasitos accepts the responsibility to maintain, upgrade, monitor, modernize and otherwise improve its hardware and software necessary to maintain the functionality of the service. Pasitos will act to the best of its ability to maintain the functionality of the service no less than 99,8% of the time. Pasitos's reliability does not include the hardware, software and infrastructure provided to User by the third parties. Examples of such cases include, but are not limited to, User's internet connection, mobile data connection, computers and mobile devices. Pasitos does not guarantee reliability of its service in the locations where the use of Pasitos service might be denied, blocked or limited by the authorities.

11. Intellectual property rights

All ownership and intellectual property rights in or to the Pasitos App, the Web Site or, to the extent applicable, other parts of the Service and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in Almisa Solutions vof, and nothing in these Terms and Conditions shall constitute or be interpreted as a transfer of any such rights from Almisa Solutions to the User or anyone else. If you have any questions, comments, or concerns about these Terms and Conditions or our other privacy policies or practices, please contact us through our Contact Form or by writing to:

ALMISA SOLUTIONS, The Netherlands

Waterman 134 1622CX Hoorn

The Netherlands


ALMISA SOLUTIONS, Venezuela

Av. Bolívar, Urb. Dumar

Residencias Laguna Suite II

Apto. 13-B1, C.P. 16-01 - Porlamar

Estado Nueva Esparta - Venezuela

12. Terms and Conditions modifications

Pasitos may revise these Terms and Conditions for the Service at any time. We reserve the right to update or modify the Terms and Condition, or any other of our policies or practices. In such case, we will send an email to all our active Users informing them on the update. Your continued use of the Web Site indicates your assent to any changes and signifies your agreement to the Terms and Conditions. If you do not agree with these terms, you should not use the Web Site, the Pasitos App, or any other part of the Service.