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Terms of Use

Read these terms carefully before using this website or any of our services. By using our services you accept all of them, including the mediation and arbitration provisions in Part 3. We may change these terms at any time without notice, and changes take effect immediately — it is your responsibility to review them each time you use our services. If you do not agree, stop using the website and the services.

PART 1 — YOUR ACCOUNT AND USE

Definitions

“Company”, “we”, “us” and “our” mean [LEGAL ENTITY]. “You” means any user, client, subscriber, customer or reseller granted access to the services, and where you act for a company, that company jointly with you personally. “Services” means anything we offer through this website, including ringless voicemail drops (RVM), voice broadcasts, SMS, ATDS and ADAD services, and live transfers. “Account” means your registered account and all data, users, passwords and billing details within it.

Legal capacity

You confirm you have the authority to accept these terms, individually or for a company, and that you are at least 18 and have reached the age of majority where you live.

Your account

You will keep your contact details current. You are solely responsible for your Account and everything that happens on it, including its content, confidentiality and security and all passwords, whether or not you authorised the activity. Notify us immediately of any unauthorised use, unlawful use, breach of these terms or security breach, and assist us in remedying it if we ask.

Acceptable use

You will use the Services lawfully. You will not permit any of the following through your Account:

Consent, do-not-call and scrubbing

Throughout this Agreement you will maintain the policies and procedures needed to comply with the TCPA safe harbor at 47 C.F.R. § 64.1200(c)(2)(i) and the FCC reassigned-numbers safe harbor adopted 12 December 2018, each as amended. You will promptly scrub every number you upload against all applicable federal and state do-not-call lists, and you are solely responsible and liable for any breach of do-not-call law. Where the law requires it, you will obtain prior written consent from each recipient before contacting them.

Ringless voicemail. RVM may in some cases cause a partial ring, tap or ping on a recipient’s phone, and may be subject to content restrictions and to state and federal law. Before starting any RVM campaign it is your responsibility to obtain independent legal advice on your specific use and to ensure you comply with all applicable law — which may include holding prior express written consent for every recipient, scrubbing against national, state and internal do-not-call lists, and ensuring message content identifies the true originator at the start of the message, gives a return number and address, and offers a way to opt out.

Missed Call Service. We may offer a facility that triggers a missed call on a recipient’s phone with an accompanying voice message and/or SMS. Because it generally produces more callbacks, in using it you additionally agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, Affiliates, successors and permitted assigns against all losses, damages, liabilities, claims, judgments, settlements, penalties, fines, costs and expenses, including legal fees, arising from any third-party claim that you failed to comply with any applicable law, regulation or code in connection with that use.

ACH payments. To use payment functionality you must open an account with [PAYMENT PROCESSOR] and accept its terms and privacy policy. Funds are held or transferred by that provider’s banking partners. You must be 18 or over. You authorise us to collect and share with the provider your name, date of birth, social security number, address, email and financial information, and you are responsible for its accuracy. You will manage that account through our application, notifications will come from us rather than the provider, and we will provide support for it at [CONTACT EMAIL].

Audit, disclosure and suspension

We may audit your Account, your use of the Services and your related policies and procedures at any time, and you will cooperate fully and give us the access we request. Without notice and without limiting our other remedies, we may suspend, freeze, restrict or terminate your Account at our sole discretion if we determine or believe you have breached these terms or any law, code, regulation or rule. Our failure to act on a violation is not a waiver of our right to enforce these terms. We may disclose information about your Account or your use of the Services where necessary to comply with any law, regulation, subpoena or court order.

PART 2 — DISCLAIMERS, LIABILITY AND INDEMNITY

  1. Your use of the Services is AT YOUR OWN RISK. Our website may link to external sites; we do not endorse them or warrant their content.
  2. The website and Services are provided “as is” and “as available”. We make no representation or warranty as to their suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy. You will not be entitled to any refund or chargeback of fees paid or incurred in connection with your use of the Services. Except where prohibited by law, we disclaim all conditions, warranties and representations, express, implied or statutory, including merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from a course of dealing or usage of trade.
  3. We do not warrant that the Services will function as described or be timely, uninterrupted, error-free or free of harmful components, or that stored data will be secure or safe from loss, theft or damage. If the Services are disrupted we will make commercially reasonable efforts to put it right.
  4. Nothing said to you by us or by our officers, directors, employees, counsel, agents, Affiliates, licensors, licensees or any third party — before or after you accept these terms — may be relied on as a warranty, an inducement to contract, or legal advice, and none of it creates a warranty to you or to your own customers.
  5. We are under no obligation to store your data for longer than 60 days after it is first entered, and we routinely delete account data after 60 days. Backing up and protecting your data is your responsibility.
  6. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY OR EARNINGS, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATING TO THE USE OR NON-USE OF THE SERVICES OR TO THESE TERMS, WHATEVER THE CAUSE OF ACTION OR THEORY OF LIABILITY, INCLUDING LOSSES CONNECTED WITH (a) ANY LOSS OF OR DAMAGE TO DATA, OR (b) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY OR INCORRECT DELIVERY. OUR COMBINED AGGREGATE LIABILITY, TOGETHER WITH THAT OF OUR AFFILIATES, FOR ANY OTHER DAMAGES IS LIMITED TO THE LESSER OF (i) THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS BEFORE THE CIRCUMSTANCES GIVING RISE TO THE LIABILITY AROSE, OR (ii) ONE THOUSAND DOLLARS.
  7. You and your employees, agents, clients, customers and related entities are solely responsible and liable for any fine, penalty, damage, claim or sanction resulting from your breach of any law, code, rule or regulation.
  8. You will defend, indemnify and hold harmless the Company and each Affiliate against all damages, losses, liabilities, judgments, fines, settlements and expenses — including reasonable attorneys’ fees, expert fees, investigation and discovery costs, taxes and disbursements — incurred in connection with any claim, action or proceeding brought against us or to which we are joined, whether by individual plaintiffs or as a class action, arising from or relating to your alleged or actual: (a) use or misuse of the Services; (b) breach of these terms; (c) breach of any law, regulation, rule or code; (d) misrepresentation or breach of warranty; (e) unlawful or unauthorised use of or access to the Services by you or any third party using your Account; or (f) any other cause, including acts of God, destruction, theft, defects, viruses, communication failures, failure of performance, impairment or loss of data, suspension or termination of service, and unauthorised access to our systems, records, data or settings. We may participate in the defence with our own counsel and may approve or reject any proposed settlement unless it fully and unconditionally releases us at no cost.
  9. We may seek and recover all damages of any kind caused by your unlawful use of the Services, your breach of these terms, or use inconsistent with any applicable law, including direct, indirect, special, incidental, cover, reliance and consequential damages. This provision survives termination.
  10. You have reviewed these terms, and in particular the limitation of liability, indemnification and mandatory arbitration provisions, and have had the opportunity to obtain independent legal advice. You accept these terms willingly and on a fully informed basis.
  11. Nothing here entitles you to use our or our Affiliates’ trademarks or trade names without our prior written permission, which we may withhold at our discretion without giving reasons.
  12. You acquire no ownership interest in the Services. We reserve and retain all right, title and interest in the Services and all related intellectual property.

PART 3 — GENERAL

Severability. If any provision is invalid or unenforceable, that applies only to that provision or part of it; everything else remains in force.

Waiver. Our failure to enforce any provision or exercise any right is not a waiver of it.

Compliance. You have sole control of and sole responsibility for compliance with every law applicable to your use of the Services, and sole liability for any non-compliance.

Relationship. No joint venture, partnership, fiduciary, employment or agency relationship is created, and you have no authority to bind us.

Assignment. We may assign these terms in whole or part at any time without notice. You may not assign them or any right of access without our prior written consent, which we may withhold at our discretion.

Termination. Either party may terminate on thirty (30) days’ notice by email under the Notices provision. Inactivity does not automatically close your Account, but if it remains inactive for more than 30 days we may delete your data immediately without notice. We may terminate immediately, and end your access, if we determine in our sole judgment that you are in breach of any obligation, covenant, representation or warranty in this Agreement.

Notices. To us: by email to [LEGAL EMAIL]. To you: to the email address associated with your Account.

Force majeure. We have no liability for any suspension, unavailability, interruption or failure of the Services caused by acts of nature, acts of government, war, strikes, failures in electricity or internet supply, or any other circumstance beyond our control.

Governing law, mediation and arbitration. This Agreement is governed by the laws of the State of [STATE], without regard to its conflict of laws provisions. All disputes, claims and controversies arising out of or relating to this Agreement, including your use of the Services, will first be submitted to JAMS for mediation at its [CITY] offices, and if unresolved will then be resolved exclusively by binding arbitration at the [CITY] offices of JAMS. Either party may begin mediation by written request to JAMS and the other party setting out the dispute and the relief sought. Both parties will cooperate in selecting a mediator from the JAMS panel, cooperate in scheduling, participate in good faith, and share JAMS charges equally. All statements, offers, promises and conduct in the mediation are confidential, privileged and inadmissible in any other proceeding for any purpose including impeachment, except that otherwise admissible or discoverable evidence does not become inadmissible by being used in mediation. Either party may begin arbitration once 45 days have passed from the first mediation session; before then, neither party will begin arbitration except to seek a provisional remedy allowed by the JAMS Rules, unless the other party refuses to comply with the mediation requirements. Arbitration will be before a single arbitrator, administered by JAMS under its Streamlined Arbitration Rules and Procedures. Any legal action to enforce a settlement or award, or to seek injunctive relief, will be brought in a state or federal court in the City of [CITY], County of [COUNTY], State of [STATE], and neither party will challenge jurisdiction or venue. Nothing here prevents us from obtaining an injunction against any act or omission, or anticipated act or omission, on your part.

Survival. Every provision intended by its nature to survive termination does survive and remains enforceable, including the disclaimer, limitation of liability, indemnity, intellectual property and dispute resolution provisions.

Headings. Headings are for convenience only and do not affect interpretation.

Limitation period. Any cause of action relating to our website, the Services or these terms must be brought within one year of arising, failing which it is waived and barred.

Entire agreement. This Agreement, as amended from time to time, is the entire agreement between you and us on the matters it covers and supersedes all prior and contemporaneous understandings, whether electronic, verbal or written.

ACKNOWLEDGMENT. YOU HAVE READ AND FULLY UNDERSTAND THESE TERMS AND ACCEPT ALL OF THEM WITHOUT RESERVATION OR EXCEPTION, AND AGREE TO COMPLY FULLY WITH THIS AGREEMENT. YOU DO SO OF YOUR OWN FREE WILL AND WITHOUT DURESS OR UNDUE INFLUENCE. YOU HAVE HAD THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE AND HAVE OBTAINED WHATEVER ADVICE YOU REQUIRE, OR YOU EXPRESSLY WAIVE THAT ADVICE AND THE PROTECTION IT MIGHT HAVE GIVEN YOU.