This is a contract between you and the Company. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with the Company, and only in compliance with the Terms and all applicable local, state, national, and international laws, rules and regulations. The Services may be used only by persons who are at least the age of majority under applicable law and are legally capable of entering into a binding contract. Any use or access to the Services by anyone under the age of majority under applicable law is strictly prohibited and in violation of the Terms. The Services are not available to any Users previously removed from the Services by the Company.
1.2 Limited License
If you are an individual subscriber, and subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license (in the sole discretion of the Company) to use the Services as permitted by the features of the Services.
If you are an individual opening an Account (as defined below) on behalf of a company, organization, or other entity as an Enterprise Account Holder (as defined below), the Enterprise Holder is hereby granted a non-exclusive, limited, non-transferable, freely revocable license (in the sole discretion of the Company) to use the Services as permitted by the features of the Services.
The Company reserves all rights not expressly granted herein in the Services and the Content (as defined below). The Company may terminate this license at any time for any reason or no reason.
You may access and use the Services only in accordance with any instruction manuals, user guides, policies, guidelines and other documentation setting out rules in respect of the access and use of the Services as may be made available by the Company, from time to time.
You will never use another User’s Account without permission. When creating your Account, you must provide accurate and complete information and you must keep this information up to date. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your Account. You must notify the Company immediately of any breach of security or unauthorized use of your Account. The Company will not be liable for any losses caused by any unauthorized use of your Account.
1.4 Enterprise Account Holders Responsibility for Authorized Users
Enterprise Account Holders will ensure that the total number of authorized users (each, an “Authorized User”) does not exceed the maximum number of authorized users authorized and purchased from the Company. Enterprise Account Holders may assign different persons as Authorized Users from time to time, provided that the total number of Authorized Users at any time does not exceed the maximum number of Authorized Users purchased from the Company, and provided that Authorized Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their user name or right to access or use the Services to any third party. You, the Enterprise Account Holder, and your Authorized Users are jointly and severally responsible for the access and use of the Services. You are also responsible for ensuring that all of your Authorized Users comply with the Terms. Any violation of the Terms by any of your Authorized Users will be deemed to be a violation thereof by you.
1.5 Services Rules
When using the Services, you agree not to: (a) upload or transmit pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content; (b) except where expressly permitted, use the Services to engage in spamming, “chain letters“, “pyramid schemes“, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate the Terms or any applicable laws, regulations or generally-accepted advertising or marketing industry guidelines; (c) use the Services in any manner that infringes, violates or misappropriates any third party’s intellectual property or proprietary rights; (d) use the Services in any manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes; (e) use the Services in any manner that is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy; (f) use the Services in any manner that is harmful to minors in any way; (g) use the Services in any manner that is hateful or discriminatory based on race, color, gender, gender identity, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by the Company; (h) use the Services in any manner
that, in our sole discretion, could damage, disable, overburden, or impair it; (i) use the Services in any manner that constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests; (j) attempt to gain unauthorized access to the Services, or any part of them, other Accounts, computer systems or networks connected to the Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (k) modify the Services in any manner or form, or use modified versions of the Services, including but not limited to for the purpose of obtaining unauthorized access to the Services; (l) use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Services; (m) impersonate another person or access another User’s Account without that User’s permission or to violate any contractual or fiduciary relationships; (n) share the Services-issued passwords with any third party or encourage any other User to do so; (o) modify, adapt, translate or create derivative works based upon the Services; (p) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (q) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Services to any third party; provide time sharing or similar services for any third party; or use the Services for any purpose other than your own internal business use; (r) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; (s) access the Services if you are a direct competitor of the Company, except with the Company’s prior written consent, or for any other competitive purposes; (t) except as permitted by the features of the Services, collect or harvest any personally identifiable information, including Account names, from the Services; and (u) use the Services in any way that is in the opinion of the Company, acting reasonably, detrimental or embarrassing to the Company.
1.6 User Copy
1.7 Responsibilities for Calls and Messaging
To the extent applicable to your use of the Services, you will at all times comply with the United States CAN SPAM Act of 2003, the Telephone Consumer Protection Act (47 U.S.C. §227), the Do-Not-Call Implementation Act and the Do-Not-Call list registry rules (http://www.donotcall.gov), the Telemarketing Sales Rule, 47 C.F.R. §64.1200 et seq, Canada's Anti-Spamming Legislation (CASL) and Personal Information Protection and Electronic Documents Act (PIPEDA), the European Union's General Data Protection Regulation (GDPR) and all other applicable state, provincial or local laws, rules, regulations, and guidelines relating to calling or texting, including without limitation, rules, regulations and guidelines set forth by the Federal Trade Commission and the Federal Communications Commission. You agree that you are the initiator of any call, SMS/MMS message, or other communication transmitted through the Services and for all content relating to, inducing, or encouraging calls, SM/MMS messages or other communications to take place. The Company is not responsible for reviewing the contents of any communication transmitted through the Services or transmitted by you related to your use of the Services including the User Content (as defined below), nor is the Company responsible for obtaining any necessary consents or permissions from the message recipients.
1.8 Changes to the Services
We may, without prior notice, change or stop providing the Services, or features of the Services, to you or
to Users generally or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole discretion you violate any provision of this Agreement. Upon termination of Subscription Term (as defined below), you continue to be bound by the Terms.