Terms and Liability
Introduction: This document (the "Agreement and or terms of service") is a legal contract between you, ( “customer”, "subscriber", “you”, “your”, or “user” ) and the Service Provider ("we" or "us" or "our" "the Service Provider" or “dialer platform software provider “). The term "Service Provider" is defined as the company, firm or person who you purchase this service from and/or the owners of this dialing platform and/or who governs your use of the services (collectively, the "Service"). You are now reading this document by virtue of your attempt to access the Services. There may be two other written documents governing your use of Services Service: (a) you may have signed a document similar or identical to this one; and (b) your employer may be party to an agreement with the Service Provider. To be clear, the lack of ALL these documents existing does not excuse you from any obligation under ANY of these documents. The Service Provider may from time to time modify these terms and post a copy of the amended Agreement visible upon logging in to the System. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Service. When using this service you will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted.
Also check for terms and Conditions (collectively with Copyright Policy and “Terms of Service” or “Agreement”) govern your use of the Website and the services, features, content or applications operated by CallsInCloud (together with the Website, the “Services”), and provided to the Subscriber (the “Subscriber”, “you” or “your”).
The Subscriber’s Capacity to Agree: You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Service. By using the service provided by us you are indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old.
- IN NO EVENT WILL THE SOFTWARE PROVIDER BE LIABLE TO THE SUBSCRIBER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT THE SOFTWARE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
- THE SOFTWARE PROVIDER will be indemnified, defended, and held harmless by THE SUBSCRIBER against all claims of loss or damage arising from the use of service furnished by THE SOFTWARE PROVIDER., including: (i). Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via THE SOFTWARE PROVIDER. Service; and (ii). All other allegations and claims arising out of any intentional act or omission THE SUBSCRIBER or others authorized by THE SUBSCRIBER to use the service, in connection with any service provided by THE SOFTWARE PROVIDER.
- THE SOFTWARE PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. THE SOFTWARE PROVIDER. DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON THE SOFTWARE PROVIDER.'S BEHALF AND THE SUBSCRIBER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY THE SOFTWARE PROVIDER.
- THE SOFTWARE PROVIDER will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in the dialing platform. Offerings made to THE SUBSCRIBER for damages associated with service, or equipment that it does not furnish, or for damages that result from the operation of THE SUBSCRIBER’S provided systems, equipment, facilities or services that are interconnected with THE SOFTWARE PROVIDER’S Services.
- THE SOFTWARE PROVIDER may release my IP address and any other personal information for use by law enforcement in the case of investigations of system misuse.
- THE SUBSCRIBER AGREES AND CONFIRMS THAT THE NUMBERS UPLOADED FOR YOUR CAMPAIGNS HAVE BEEN SCRUBBED AGAINST ALL REQUIRED FEDERAL AND STATE DO-NOT-CALL LISTS OR ARE EXEMPT FROM THIS PROCESS, AND HEREBY ACCEPTS FULL LIABILITY AND LEGAL RESPONSIBILITY FOR THE DIALING OF THESE NUMBERS.
Responsible use of service
The following information is provided in an effort to promote responsible use of our service.
Our dialing platform places the ability to launch an automated telecommunications campaign in the hands of you, THE SUBSCRIBER. THE SUBSCRIBER is 100% fully responsible for any and all interactions that occur on your account with us. We respect your privacy. We will not monitor your audio messages, read or share database upload information with any third party without your expressed permission unless we believe in good faith that such action is necessary to either comply with the law or to investigate from time to time compliance with our terms of service agreement. Since it is you, THE SUBSCRIBER who creates the audio announcement, provides the calling list, and most importantly launches your own calling campaign, YOU ARE FULLY LIABLE for your actions and actions that occur on your account. We feel it's necessary to provide you, THE SUBSCRIBER, with the following information titled REGULATIONS AND LAWS below in an effort to ensure that all our subscribers’ calling campaigns are conducted responsibly and in FULL compliance with ALL laws governing the use of this type of tool, service and software designed for the purpose of responsibly contacting people or business through the use of this automatic dialer platform.
REGULATIONS AND LAWS
Laws governing telecommunication within the USA, can be found through the Telephone Consumer Protection Act (TCPA) http://www.fcc.gov, the Federal Trade Commission http://www.ftc.gov and the Federal Communications Commission http://www.fcc.gov, do not call list registry rules http://www.donotcall.gov and various State laws place restrictions on certain types of phone calls contact your state department for more information.. Laws governing telecommunications in Canada can be found through the CRTC http://www.crtc.gc.ca/ and the National Do Not Call List https://www.lnnte-dncl.gc.ca/index-eng and various Provincial and Federal laws place restrictions on certain types of phone calls contact the CRTC for more information. It is the subscriber full responsibility to consult, research, understand and adhere to these laws at all times when using the Service Providers software.
Accepting or not accepting of terms
BY USING OUR SERVICE YOU FORMALLY AGREE TO THE FOLLOWING USAGE TERMS:
a) Prior to using this platform I will make sure that I am familiar with any Federal, State Laws or Provincial Laws that would be applicable to my call campaign.
b) I understand that It is my (the subscriber) sole responsibility to keep up to date and follow all laws and DO NOT CALL rules and or restrictions set out by the authorities that govern the use of services provided through this Automated Dialing Platform.
c) I understand that allowing those on my calling list to be removed and avoiding calls to those who do not wish to be called plays a very important role with regard to responsible calling campaigns. . .
d) I will clearly state the identity of the caller at the beginning of my audio message and provide proper contact information such as phone number and address during call as the law requires.
e) I understand that it is unlawful to send audio messages to any emergency phone lines. For example, 911 numbers, hospital medical service lines, physicians, health care facilities, poison control centers, fire or law enforcement agencies.
f) I will avoid sending unsolicited audio messages to those who will incur charges unless proper prior permission has been obtain by the recipient or as the law requires.
g) I will avoid sending pre-recorded sales messages to those with whom I do not have a business relationship with and to whom I haven't received permission to call.
