Terms and Conditions
Service Use Contract
Contract Scope.
This Service Use contract (“Contract”) is between you and Service Provider (“Provider”) concerning any services, software or products, including updates used to provide speechenabled virtual assistant services with or without VoIP telephony services, that you use while this Contract is in force. All of the services, software or products are referred to in this Contract as the “Service”. By activating the Service, you acknowledge that you have read and understood, and you agree to the terms and conditions of this Contract.
Right to Use the Service.
You may start using the Service as soon as you have finished the sign-up process. Only you may use your service account. You are responsible for all activity that takes place with your service account. You may not authorize any third party to access and/or use the Service on your behalf.
Prices.
The price for the Service excludes all taxes and phone charges, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. Provider may change the price of the Service from time to time, but Provider will notify you before applying the new price. If you do not agree to these changes, then you must cancel and stop using the Service before the changes take place. If you cancel your Service, then your Service ends at the end of your current Service time length or, if Provider bills your account on a period basis, at the end of the period in which you cancelled.
Long Distance and International Rates.
Provider does least-cost routing for you to benefit from low Long Distance and international rates. These rates may change from time to time. Provider will advise you in advance for any change of rates.
Roaming Charges.
You also will pay any additional charges you incur if you connect to the Service through a service telephone number while you are in a country that is not the country associated with your service account (“roaming charges”). Roaming charges are in addition to any long distance telephone charges you may incur when connecting to the Service from another country. You may also incur additional charges if your usage of the Service exceeds the number of hours covered by your Service plan.
Payments.
When you create a billing account, you provide your payment method. You must be authorized to use the payment method. You authorize Provider to charge you for the Service using your payment method and for any paid feature of the Service for which you choose to sign-up or use while this Contract is in force. Billing begins on the date that Provider activates your Service and will be pro-rated for any partial months. You will pay recurring service charges in advance at the beginning of each month. Usage charges for phone calls made during the previous month will be billed on the current month invoice. Provider may charge you a different amount than what you approved. If it is a greater amount, Provider will tell you the amount and the date of the charge at least 10 days before Provider makes the charge. Also, Provider may charge you up to the amount you have approved, and notify you in advance of the difference. Provider may bill you for more than one of your prior billing periods together. If Provider informed you that the Service will be provided indefinitely or automatically renewed, Provider may automatically renew your Service and charge you for any renewal term.
If you pay a company other than Provider for the Service, then the charges and billing terms are as stated by the other company. Even if you do not pay for the Service, you may still incur charges incidental to using the Service; for example, charges for Internet access, mobile text messaging, or other data transmission.
Trial Period Offers.
You may have received a limited time of free Service or some other trial period offer. Unless Provider notifies you otherwise, if you are participating in any trial period offer, you must cancel the Service by the end of the trial period to avoid incurring charges. If you do not cancel your Service, your Service will automatically be converted into a paid subscription at the end of the trial period, then you authorize Provider to charge your payment method for the Service.
During trial periods, you authorize Provider to charge your payment method for all fees that you incur other than the free monthly subscription fees. These charges include and are not limited to long distance calls, calls received on toll-free numbers and any other equipment or services ordered by you during the trial period.
Refund Policies.
Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.
Billing Account Updates.
You must keep all information in your billing account current, including your billing address and the expiration date of your credit card. You may change your payment method at any time. If you tell Provider to stop using your payment method, Provider may cancel your Service. Your notice to Provider will not affect charges Provider submits to your billing account before Provider reasonably could act on your request.
Online Statement.
Provider will provide you with a billing statement online or by e-mail. This is the only billing statement that Provider provides. If you request a paper copy, Provider may charge you a retrieval fee. Provider will only provide paper copies for the past 120 days. If Provider makes an error on your bill, Provider will correct it promptly after you tell Provider and Provider investigates the charge. You must tell Provider within 60 days after an error first appears on your bill. You release Provider from all liability and claims of loss resulting from any error that you do not report to Provider within 60 days after the error first appears on your online statement. If you do not tell Provider within this time, Provider will not be required to correct the error. Provider can correct billing errors at any time.
Late Payments.
Except to the extent prohibited by law, Provider may assess a late charge if you do not pay on time. You must pay these late charges when Provider bills you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. Provider may use a third party to collect past due amounts. You must pay for all reasonable costs Provider incurs to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. Provider may suspend or cancel your Service if you fail to pay in full on time.
Service Delivery and Installation.
It is your responsibility to ensure that all devices used for the Service are able to connect to Internet and are configured properly. This includes but is not limited to Internet switches, routers, cabling, workstations, servers and operating systems.
If additional configuration work is required due to limitations of your systems, including but not limited to servers, workstations or network, then Provider reserves the right to bill you at current hourly rates for additional configuration time.
Installation Options.
Provider may offer the following provisioning options for Service at additional charge:
- Pre-Configuration and Shipment: the pre-configuration and shipment of phones and/or routers necessary to terminate Service;
- Onsite installation: the onsite installation and configuration of phones and/or routers necessary to terminate Service, and confirmation that phones can successfully access the Provider network via the Service.
Except as otherwise defined within this Contract, Provider is not responsible for and will not be obligated to provide any assistance in configuration, installation, administration, troubleshooting, maintenance, or repair of equipment or software, or integration of equipment or software into your internal network. Such services may be available at additional cost including any travel expenses incurred by Provider in the course of providing onsite installation service.
Customer Service.
Provider provides normal customer service during regular business hours 9am to 5pm Monday through Friday for the purpose of answering normal technical support requests. Provider will assist you free of charge with up to Five (5) service requests per month during the first Three (3) months after which Provider reserves the right to charge professional service fees and/or require that you take paid training courses.
VoIP Phone Service Limitations.
The availability of Service is dependent on the existence of a suitable network transport from Provider to you. Service can be provisioned and used over the Internet with limitations. Use of Service across any network transport other than that approved by Provider shall absolve Provider of any liability should Service be adversely affected.
Not a Traditional Telephone Service.
You acknowledge and understand that the Service is not a telephone service. The Service connects to the Internet which is different from a traditional telephone line. Important distinctions exist between a traditional telephone service and the Service including but not limited to non-availability of service and 911 emergency calls during power failure and internet service outages. The Service is subject to different regulatory treatment than traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.
No Support for 0+ and x11 Calling.
Service does not support 0+ calling (including without limitation collect, third party billing or calling card calling). Service may not support 311, 511 and/or other x11 services other than 911 and 411 services.
Responsibility for Phone Usage.
All chargeable communications will be paid by you. Provider understands that your phone may be used by anybody and that it may result in excessive communication charges. All communication charges will be billed to you. It is your responsibility to make sure that the phone is not being used improperly or by unauthorized persons. You are responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown to you. It is your obligation to take all measures to protect all confidential information and remain diligent in enforcing security measures. Provider will make every effort to detect fraudulent calls and contact you immediately. Provider will in no way be held liable for charges, penalty or damages caused by telecommunications usage of the Service.
Responsibility for Content.
In case of any complaint regarding the voice content being transmitted over your phone system serviced by Provider, Provider reserves the right to stop offering you the service. In any case, Provider will not be responsible for any damage caused by your content.
Provider Equipment.
You are not allowed to make any changes to any equipment that may have been installed by Provider at your location(s) to enable Provider services. The equipment is and remains the exclusive property of Provider and Provider is the only entity that has the right to access it. You are however responsible for any loss or damage of that equipment. If Provider needs to replace the equipment because of loss or damage, you will have to reimburse Provider for the total value of that equipment.
Service Availability.
Provider services are available 24 hours a day, 7 days a week except during maintenance periods. There are two types of maintenance events possible: (a) A Monthly maintenance scheduled for a maximum of 2 hours during non-working hours (between 3am and 5am). You will be notified at least 48 hours in advance on the schedule of these monthly maintenance events. And (b) a weekly maintenance event, for less than 1 hour (between 4am and 5am) regularly scheduled on Mondays. Provider services may not be available during maintenance periods.
Provider guarantees service availability comparable to other service providers offering similar services in the same area. This guarantee excludes failures caused by components not provided by Provider, such as Internet service, customer owned equipment such as routers and firewalls, electrical power or LAN components. If service availability is less than 90%, a credit prorated by the percentage of downtime shall be applied to the monthly recurring fees.
Loss of Service Due to Power Failure or Internet Service Outage
You acknowledge and understand that the Service does not function in the event of power failure and that the Service requires a fully functional LAN and connection to the Internet (which is not necessarily provided by Provider) and that accordingly, in the event of an outage of your network components, or failure of your Internet service, the Service will not function, but that you will continue to be billed for the Service. You acknowledge and understand that power disruptions or failures and Internet service outages will also prevent dialing the 911 emergency number.
911 Emergency Services.
You acknowledge and understand that the Service does not support traditional 911 or E911emergency services.
Provider offers 911 service on a subscription basis from phones provided by Provider and properly registered with the Provider's Service. 911 service cannot be accessed from a Soft Phone application. Provider will deliver 911 calls to the emergency center based on the address of record for the calling number (DID) as recorded by the Provider. The geographical address available to emergency services will be the last one entered or updated by the user. You agree not to hold Provider liable for the consequences of incorrect 911 geographic location information including but not limited to lack of emergency response, incorrect location information causing first responders to be delayed, or any other issue with 911 emergency response.
Neither Provider nor its officers or employees may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing unless it is proven that the act or omission proximately causing the claim, damage or loss constitutes gross negligence, recklessness or intentional misconduct on the part of Provider.
Responsibility for 911 Information.
You acknowledge and understand that 911 dialing does not function unless you have successfully entered the correct physical address of your phone which is the actual physical street address where you are located, not a post office box or mail box address. You acknowledge that you are responsible for entering and updating the phone's address if you move the phone to another location.
You acknowledge that it is your responsibility to inform any party using or that might use the Service of the difference between traditional 911 and this Service. Provider will not be responsible if 911 service is unavailable due to equipment malfunctioning, Internet failure or loss of power.
You bear full responsibility for testing 911 service after Service installation and periodically throughout the duration of Contract and to notify Provider if any issues are noted with 911 service.
You shall register the geographic location of each phone number (DID). Subject to the limitations above, all phones within that geographic location must present the phone number (DID) that has been registered for 911 service as their caller ID. If you choose to present a different caller ID for each phone at the location, then you shall be responsible for providing the location address for each phone as required by Provider for 911 service.
Alternative 911 Arrangements.
You acknowledge that Provider does not offer traditional telephone lines or emergency services. You should always have alternative means to access traditional 911 services.
You acknowledge and understand that due to technical constraints, there is a high possibility of network congestion and/or reduced speed in the routing of a 911 call made using your registered phone.
Use of Service and Equipment Outside the Country.
Provider does not offer 911 emergency service outside the country where the Service is offered. If you use the Service in a foreign country, you will do so at your own risk, including the risk that 911 emergency services are unavailable and that such activity violates local laws in the country where Service is used. You are liable for any and all charges, fees, fines, taxes, regulatory charges or penalties resulting from use of the Service in other countries and agree to indemnify and hold harmless Provider against any and all liability for any such use. Provider does not guarantee that the Service will operate overseas.
Speech Recognition and Speech Synthesis Limitations.
You acknowledge and understand that the Service uses speech technologies to recognize spoken sentences, words or names or to synthesize and say text over the phone, and that such technologies used by Service have known limitations especially when used in noisy environments or when callers do not use the expected pronunciations. You acknowledge and understand that the recognition of commands and names depends on the type of speech recognition technology used, user input and environment factors such as noise, quality of phone line and Service load. You also acknowledge and understand that Speech synthesis depends on the text-to-speech technology used, the quality of text to be synthesized and other environment factors such as noise, quality of phone line and Service load. Provider does not guarantee that the speech recognition and speech synthesis provided with the Service work with high accuracy.
Canceling the Service.
You may cancel the Service at any time upon Thirty (30) notice, with or without cause. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the documents describing the Service offer. Cancellation of the Service by you will not alter your obligation to pay all charges made to your billing account.
Cancellation Liquidated Damages.
If you terminate this Contract other than in accordance with the terms of this Contract, you accept to pay to Provider as liquidated damages, and not as a penalty, an amount which is equal to Fifty percent (50%) of the monthly recurring charge for each of the Services, multiplied by the number of months remaining in the then current Term. In addition, you will be responsible for any other charges that Provider, acting reasonably, is liable to incur for the remainder of the then current Term, including without limitation, installation charges, removal costs and rental costs, and you will forfeit a refund of any prepayment made for Services.
You are responsible for paying the full monthly fees for the month during which termination of service occurs, as well as any per call usage charges.
Number Transfer on Service Cancellation.
\Upon cancellation of the Service, Provider will release any telephone number issued by Provider in conjunction with the Service or ported in from a previous service provider, to your new service provider provided that: (a) your account is current including payment for all charges and disconnect fees; and (b) you request the number transfer upon terminating your account.
Force Majeure.
Provider shall not be liable for any delay or service interruption directly or indirectly caused or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of Provider as may occur in spite of Provider’s best efforts.
Service termination.
Provider may decide to stop offering the services for any reason. If such service termination is to occur, you will be notified at least 3 months in advance. On the other hand, if you decide to stop using Provider services, you must inform Provider at least one month in advance.
Privacy.
Provider considers your use of the Service to be private. However, Provider may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on Provider; (2) enforce and investigate potential violations of this Contract; including use of this Service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Provider, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
Software.
If you receive software from Provider as part of the Service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, then Provider grants you the right to use the software only for the authorized use of the Service. Provider reserves all other rights to the software.
Unless Provider notifies you otherwise, your license to use the software will end on the date your Service ends. You will not disassemble, decompile, or reverse engineer any software included in the Service, except and only to the extent that the law expressly permits this activity.
Contract Change.
If Provider changes this Contract, you will be notified at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the Service before the change takes place. If you do not stop using the Service, then your use of the Service will continue under the terms of the changed Contract.
PROVIDER MAKES NO WARRANTY.
PROVIDER PROVIDES THE SERVICE “AS-IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” PROVIDER DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICE. PROVIDER GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. PROVIDER EXCLUDES ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
LIABILITY LIMITATION.
YOU CAN RECOVER FROM THE PROVIDER PARTIES ONLY DIRECT DAMAGES UP TO AN AMOUNT EQUAL TO YOUR SERVICE FEE FOR ONE MONTH. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES.
Changes to the Service.
Provider may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service stops immediately. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. Our cancellation of the Service will not alter your obligation to pay all charges made to your billing account. If Provider cancels the Service in its entirety without cause, then Provider will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your Service remaining right before the cancellation.
Interpreting the Contract.
All parts of this Contract apply to the maximum extent permitted by law. A court may hold that Provider cannot enforce a part of this Contract as written. If this happens, then you and Provider will replace that part with terms that most closely match the intent of the part that Provider cannot enforce. The rest of this Contract will not change. This is the entire Contract between you and Provider regarding your use of the Service. It supersedes any prior contract or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the Contract do not limit the other terms of this Contract.
Assignment.
Provider may assign this Contract, in whole or in part, at any time with or without notice to you. You may not assign this Contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Service or any part of the Service.
This Contract is solely for your benefit and that of Provider. It is not for the benefit of any other person, except for permitted successors and assigns under this Contract.
Notices.
You may notify Provider as stated in the customer support or “help” area for the Service. Provider does not accept e-mail notices.
This Contract is in electronic form. Provider has promised to send you certain information in connection with the Service and has the right to send you certain additional information. There may be other information regarding the Service that the law requires Provider to send you. Provider may send you this information in electronic form. You have the right to withdraw this consent, but if you do, Provider may cancel your Service.
- by e-mail at the e-mail address you specified when you signed up for your Service;
- by access to a web site that will be designated in an e-mail notice sent to you at the time the information is available; or
- by access to a web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.
Third party Account Information.
By accepting this Contract, you authorize Provider and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Provider and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Provider and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
Copyright and Trademark Notices.
All contents of the Service are protected by copyright laws as the property of Provider and/or its partners and suppliers. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. Provider and/or its suppliers own the title, copyright, and other intellectual property rights in the software and/or Service content.