Terms and Conditions
Last updated on August 16th, 2022.
- acknowledges that it has read, agreed, and will comply with this Agreement;
- warrants and represents that:
- its representative is at least eighteen (18) years of age or the applicable statutory age of majority to enter into a binding agreement; and
Callplicity may amend this Agreement from time to time. All amended terms automatically take effect the sooner of a) the day your use the Service or b) 10 days after they are initially posted on the Site.
you are allowed to invite two types of user accounts to your Callplicity Service:
- “User” means an employee, consultant, or contractor who is authorized by your to use your Callplicity account.
- “Administrator” means a person authorized to act on behalf of you, who is responsible for the administration and management of your Callplicity account.
“Users” and “Administrators” must comply with specific obligations, which are set forth specifically when necessary in the sections below.
- “Account” means the numbered account established by Callplicity and associated with Customer and the Services provided to Customer under this Agreement.
- “Account Information” means business contact information associated with the Account; usage records of the Services; configuration data; and Customer’s call logs generated by Callplicity.
- “Affiliate” means any entity existing from time to time that directly or indirectly controls, is controlled by or is under common control with the subject entity.
- “Billing Tab” means part of the Customer´s Account where the Customer can find various information with respect to its Plan and used Services, e.g. billing information, credit amount, etc.
- “Callplicity Number” means the phone number provided to the Customer by Callplicity.
- “Callplicity Dashboard” means the online portal through which the Administrator(s) controls settings, may select Customer’s Plan, and monitors usage of the Account(s).
- “Confidential Information” means any proprietary and/or confidential information disclosed, in the course of and during the Term of the Agreement, by one Party (the “Disclosing Party”) to another Party (the “Receiving Party”).
- “Customer” means, in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company, corporation, governmental organization, or other legal entity, the company, corporation, governmental organization, or other legal entity on behalf of which such individual is accepting this Agreement, as well as any Affiliates of such company, corporation, governmental organization, or other legal entity which have entered into Purchases and/or Order Form(s).
- “Customer Data” means the data contained in Customer’s calls, messages, text messages, voicemails, voice recordings, shared files, conferences, call meta-data, configuration data, or other Customer communications transmitted or stored through the Services.
- “Effective Date” means the date on which the Customer first subscribes to any of the Services or the date the Customer executes an Order Form.
- “Subscription Fee” means, collectively, Fixed Fees, Usage Fees (as defined below), and any and all other applicable charges and fees. Fees may be indicated in USD and may be updated by Callplicity at its sole discretion from time to time.
- “Include” and “Including” means including without limitation.
- “Intellectual Property” means all intellectual property and technology, regardless of form, including (a) published and unpublished works of authorship; (b) inventions and discoveries, including business methods, compositions of matter, methods, and processes, and new uses for any of the preceding items; (c) words, names, symbols, devices, designs, and other designations, and combinations of the preceding items, used to identify or distinguish a business, good, group, product, or service or to indicate a form of certification; (d) information that is not generally known or readily ascertainable through proper means, whether tangible or intangible; and (e) computer programs, operating systems, applications, firmware and other code, including all source code, object code, application programming interfaces, data files, databases, protocols, specifications, and other documentation thereof.
- “Law(s)”, “Applicable Laws” means any and all law, statute, regulation, rule, ordinance, administrative guidance, treaty, convention, and/or court or administrative order or ruling of any governing body with jurisdiction over the Services, the Customer and/or Customer’s use of the Services.
- “Order Form” means the document that may be entered between Customer and Callplicity, from time to time, to set forth certain fees, the selected Plan, the Plan Initial Term (as defined below), and other material terms associated with this Agreement and executed by Customer.
- “Plan” means, any of the subscription plans for the provision of Services made available to Customer whose features and applicable Fees, if any, are listed on the Site and that Customer may select either via a Purchase or by executing an Order Form, including any Callplicity Numbers, as applicable. For the avoidance of doubt the Free Trial (as defined below) shall be deemed a Plan.
- “Plan Term” means collectively, the Plan Initial Term and the Renewal Term (as defined below).
- “Purchase” means an order for certain Callplicity’s Services, including Plans and Callplicity Numbers, which is placed through the Callplicity Dashboard or the Site.
- “Services” means any and all of the services provided under this Agreement and/or made available to Customer by Callplicity from time to time pursuant to a Purchase or Order Form.
- “Services Start Date” means the date Services are made available to Customer pursuant to an Order Form.
- “Site” means the https://callplicity.com/ website.
- “User” means an employee, consultant, contractor, or any person using or accessing the Services or Site via the Customer’s Account.
- Services offered by Callplicity.
- Callplicity provides users the ability to make, receive and forward voice calls using a phone number provided by Callplicity (the “Callplicity Phone Number”) and/or an Application.
- Callplicity is not a “dial-tone” provider and is not a replacement for any phone lines, whether wired, wireless or Internet-based. The Callplicity Service allows you to place outgoing calls (currently within the US only) but selected numbers and services may not be reachable through the Callplicity Service and Callplicity does not guarantee that all numbers can be called from the Callplicity Service. At the moment Callplicity Services are limited to the US only. In particular, the Callplicity Service does not support any emergency calls to any type of hospital, law enforcement agencies, medical care unit, or any type of emergency services of any kind, which need to be performed by your local phone service provider. It is your responsibility to inform your Users that it is not possible to support or carry emergency calls using the Callplicity Service.
- PLEASE NOTE THAT CALLPLICITY DOES NOT SUPPORT ANY EMERGENCY CALLS. THESE CALLS SHOULD BE PERFORMED FROM YOUR LOCAL PHONE SERVICE PROVIDER (FIXED OR MOBILE) IN CASE OF NECESSITY.
- Quality & Maintenance.
- Callplicity will use reasonable measures to provide the Callplicity Service with minimum disruptions. However, Callplicity cannot guarantee that the Service will always function without disruptions, delays, or other imperfections. Since the Callplicity Service will be transmitted through public internet lines and the public switched telephone network, there may be power outages or internet service disruption and your may experience some disruptions e.g. packet loss and delay which will interfere with the quality of your communications.
- Callplicity may change technical features in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. Callplicity may also have to repair, improve, and/or upgrade the Callplicity Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service at any time in our sole discretion.
- Limited License.
- Callplicity grants you a limited, revocable, non-exclusive, non-transferable license to use the Service for your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement. You agree to the following conditions:
- not to resell the Service without prior written permission from Calplicity;
- you may not modify, reverse engineer, decompile or disassemble any part of the Service;
- your may not copy, adapt, alter, modify, translate, or create derivative works of the Service without the written authorization of Callplicity;
- you may not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene, or that infringes the rights or intellectual property of others;
- you may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service;
- you may not circumvent or disable any technological features or measures in the Service for the protection of intellectual property rights; and
- you may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright law any jurisdiction.
- Any such forbidden use shall immediately terminate your license to the Service.
- Use of Callplicity.
- you will not use the Callplicity Services in any illegal, abusive, interfering, or otherwise unacceptable or inappropriate manner, including:
- to violate any law, regulation, or other published policy;
- to violate or infringe on intellectual property, privacy, or rights of another;
- to violate any agreement, rules, or policies that govern the use of your mobile device;
- to transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;
- to transmit sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;
- to sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Callplicity account;
- to stalk, harass, or harm another individual;
- to impersonate another, misrepresent or falsely identify yourself;
- to engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems;
- to engage in spamming or other unsolicited advertising, marketing, or other activities in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls or voice mails, or text messages;
- to engage in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, pyramid schemes, unsolicited marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN-SPAM Act of 2003, the TCPA Rules (as defined below), and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction);
- to use any robot, spider, another automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;
- to decompile, reverse engineer, or disassemble the software or attempt to do so;
- you will abide by all applicable laws in your use of the Service, including without limitation any relating to the sending of text or SMS messages through the Service.
- Federal Trade Commission, https://www.ftc.gov/
- Federal Communications Commission, https://www.fcc.gov/
- In particular, you acknowledge that the Telephone Consumer Protection Act of 1991 together with final rules and regulations (collectively, “TCPA Rules”), generally prohibits the following:
- the making of telemarketing calls using an artificial or prerecorded voice to residential telephones without prior express consent; and
- the making of any non-emergency call using an automatic telephone dialing system or an artificial or prerecorded voice to a wireless telephone number, in each case, without prior express consent.
You understand and agree that you are solely responsible for complying with the TCPA Rules and any other state, federal or local laws, rules, and regulations, in effect from time to time, governing electronic communications between your and the owners of the phone numbers your initiate calls or messages to through the Services. Without limiting the foregoing, you represent and warrant that the owners of the phone numbers have given prior express consent or otherwise opted-in to the receipt of such calls or messages as required by any applicable law or regulation. you agree that you will include clear opt-out/unsubscribe information on your calls or messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, to the extent applicable. your further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages or calls to any individuals after they request DNC status. The TCPA Rules, the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (https://www.donotcall.gov), and various state laws, rules, and regulations place restrictions on certain types of phone calls and text messages. Callplicity is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your use of the Services to initiate calls or messages.
- You and your Administrators may appoint additional Administrators to your Callplicity account, and each Administrator shall be required to accept and agree to this Agreement. you shall procure that all Administrators read, agree to, and comply with this Agreement and you shall be responsible for any breach of the Terms by such Administrator(s).
- you understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that your, and not Callplicity, are entirely responsible for all Content that your upload, post, email, transmit or otherwise make available via the Service. Callplicity does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will Callplicity be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Callplicity is solely a facilitator of the voice and message traffic and has no visibility into or control over individual calls & messages as they are transmitted through Callplicity and has no responsibility or liability with respect to the content of any individual call and message. Except that Callplicity may use programmatic means to filter (pre-screen) your messages and block your campaigns or account due to message keywords that Callplicity has determined, in its sole description, may violate an applicable, rule, regulation, or law.
- Text SMS communication related to cannabis is not allowed in the United States as federal laws prohibit its sale, even though some states have legalized it. Similarly, messages related to CBD are not permissible in the United States, as certain states prohibit its sale. Our upstream provider defines a cannabis message as any message which relates to the marketing or sale of a cannabis product, regardless of whether or not those messages explicitly contain cannabis terms, images, or links to cannabis websites.
- You acknowledge that Callplicity may or may not pre-screen SMS Content, but that Callplicity and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Callplicity and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
- You represent and warrant that you are aware that, among other requirements, the TCPA requires prior express written consent from a consumer before you can send them marketing text messages using a Bulk SMS Campaign, with no purchase required as a condition of their consent, and such consent must be clear and conspicuous. Furthermore, damages for each message sent in violation of the TCPA is $500 and can be $1500 if the violation is proven to be “willful and knowing”.
- You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages, and that your will promptly process all such do-not-text or do-not-call requests and maintain those numbers on your internal do-not-call/text list.
- Callplicity Phone Numbers.
- Provision of Callplicity Numbers is subject to applicable numbering rules and regulatory practices, which may change or be amended from time to time. Callplicity reserves the right to change the terms related to Callplicity Numbers accordingly, including without limitation to impose or amend local residency requirements and/or to require the provision of further user information for continued access to defined Callplicity Numbers.
- You may purchase and allocate Callplicity Numbers to your Account subject to compliance with the allocation requirements displayed upon subscription to the Callplicity Numbers. In particular, you are responsible for compliance with any requirements related to the residence and/or the location of your Company.
- You are responsible for notifying any applicable terms of service to Administrators and Users who are allocated the Callplicity Number, and for ensuring that the Administrators and Users comply with such terms. Callplicity reserves the right to cancel the subscribed Callplicity Numbers in case of breach by your, your Administrators, or Users of the applicable terms of service, including the allocation requirements, without compensation.
- You shall inform each User that you and our Administrators may obtain and use their personal and traffic data on the Callplicity numbers they are assigned to. You acknowledge and agree that your shall process (and shall ensure that your Administrators shall process) such personal data in accordance with all applicable data protection laws. your represent and warrant to keep all such personal and traffic data confidential and use and protect it strictly in compliance with applicable data protection laws.
- Under no circumstances shall your send (or allow your Administrators and/or Users to send) unsolicited commercial communications. you shall not (and you shall ensure that your Administrators and/or Users shall not) send or procure the sending of any communications, including email messages on behalf of, or purporting to originate on behalf of, Callplicity.
- Pricing, Billing, and Refund Policy.
- You authorize Callplicity to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts.
- You authorize Callplicity and/or any other company acting as billing agent for Callplicity to charge your credit card on a recurring monthly basis on the monthly anniversary of your initial registration for a paid Callplicity plan and to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full.
- You will provide Callplicity with updated credit card information upon Callplicity’s request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Callplicity is not liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to the debit card unless and until you provide a credit card number.
- For our subscription plans, usage and monthly or annual fees will be charged directly to the credit card you provide to us as specified in our pricing plans found on Pricing Page. Except as provided below, monthly services and certain other charges are billed and charged one month in advance, and there is no proration of such charges if service is terminated on other than the last day of your billing cycle. You agree to pay for all Callplicity Services. If any new user or number is added during the billing cycle, an amount equivalent to prorated amount for the remaining period in the billing cycle will be charged on your credit card on the file. No refund will be given for cancellation or team member/phone number removal during the ongoing billing cycle. In case of a team member or phone number removal, the annual plan subscription amount will be accordingly adjusted (if applicable) for the next billing cycle onwards.
- AIRTIME AND OTHER MEASURED USAGE (“CHARGEABLE TIME”) ARE BILLED IN FULL-MINUTE INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP TO THE NEXT FULL-MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. IF PAY-PER-MINUTE BILLING APPLIES WITHIN YOUR PLAN, WE CHARGE A FULL MINUTE OF AIRTIME USAGE FOR EVERY FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH CALL
- Chargeable time begins for outgoing calls when a connection to the number you are trying to reach is established and recorded in our system and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after the call has ended, either by you, the person you are speaking with, or due to a technical malfunction, but not until your wireless telephone’s signal of call disconnect is received by us and the call disconnect signal has been confirmed.
- All outgoing calls for which we receive answer supervision including ring time shall incur a minimum of one-minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment:
- Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time.
- Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers.
- If you select a rate plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime or messages), unless otherwise specifically provided as a part of such rate plan, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle. We may bill you in a format as we determine from time to time. Additional charges may apply for additional copies of your bill, or for detailed information about your usage of Services.
- Callplicity may change the rates of outgoing calls, and text messages at any time without notice to you by posting such changes at Call Rates and SMS Rates. The new rate will apply to your next call after the new rates have been published. Please check the latest rates before your make your call. If you do not accept the new rates, do not make your call.
- You also remain responsible for paying your monthly Service fee if your Service is suspended for nonpayment.
- You agree that for amounts not paid by the due date, we may charge, as a part of its rates and charges, and you agree to pay, a late payment fee of 10% or the maximum allowed by law. In the event your failure to pay billed charges when due and it becomes necessary for us to refer your account(s) to a third party for collection, we will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover our internal collection-related costs.
- Using Callplicity will not incur charges to your personal voice plan (cellular or otherwise) unless your redirect calls to a mobile located in a foreign country. In that case, your operator will charge its standard rates for roaming on incoming calls.
- If you are not clear about the pricing for subscription, phone numbers, calls, or texts, please make sure to confirm prices from our support team by emailing us at email@example.com. NO REFUND WILL BE GIVEN FOR ALREADY INCURRED USAGE COSTS.
- Fair Use Policy.
- Callplicity is not recommended for massive bulk call-in lines (e.g., customer support or sales call centers) handling hundreds of simultaneous calls, sports-line numbers, etc.
- Callplicity sets no limit to the number of calls received through the Callplicity app. However, Callplicity considers a fair use policy in the volume of communications forwarded to a mobile device in large volumes. For example, placing a Callplicity Phone Number on a TV and getting a large number of calls exceeding 30,000 calls. In such events, you must notify us via our support email at firstname.lastname@example.org.
- Callplicity reserves the right upon prior notice to disconnect or suspend your Service if Callplicity determines that your use of the Service violates any point of the Fair Use Policy above.
- Portability and Reclaiming of Numbers.
Phone numbers for only US numbers can be ported in. Callplicity will investigate the possibility to port manually a number, after assessing the implied cost. your may port your Callplicity number to another provider as long as you have subscribed to a paid plan (i.e. you are not using the free trial). If your wish to export your Callplicity number to another service, your should request your new service provider to take responsibility for this process. Callplicity will not charge you for porting your number out of the Callplicity Service, but your new service provider may charge you a fee for the portability. Although it is not Callplicity’s responsibility to port your number out of Callplicity, your may as well request guidance from Callplicity on this process by writing to email@example.com.
- Responsibility For User Content and Call Recording.
Please note that while Callplicity offers the option for you to record calls if you choose to use this service, then you must comply with all state and federal laws, regulations, and rules prior to recording any telephone calls, and you expressly warrant and represent to Callplicity that you shall comply at all times. We make no representations or warranties with respect to call recording and recommend that always secure consent before recording. You acknowledge that these representations and obligations are essential to the ability of Callplicity to provide you with access to call recordings and your further agree to indemnify, defend and hold Callplicity and its officers, directors, owners, employees, agents, consultants, and vendors harmless from and against any and all liabilities, losses, claims, damages, causes of action, costs and expenses (including attorneys’ fees) that may be incurred by Callplicity arising out of or related to your acts or omissions in connection with call recordings, whether such claims arise under contract, tort, statute or other legal theory.
- Proprietary Rights.
- Content License.
You grant Callplicity a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights that you have as the copyright owner in any content or feedback that you provided to us.
The materials on Callplicity’s website are provided “as is”. Callplicity 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, Callplicity does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site. Since, the Callplicity Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP-based communications are completely secure. Therefore, the Callplicity Service should not be used with any third-party services or devices such as monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices.
- Limitations of Liability.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL INCLUDING, BUT NOT LIMITED TO ANY ERRORS OR TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY OR OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL, OR SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS OR LOSS OR CORRUPTION OF DATA OR INFORMATION, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO EVENT WILL THE COLLECTIVE LIABILITY OF CALLPLICITY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100.
Any cause of action you may have with respect to Your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. 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.
The materials appearing on Callplicity’s Site may include technical, typographical, or photographic errors. Callplicity does not warrant that any of the materials on its Site are accurate, complete, or current. Callplicity may make changes to the materials contained on its Site at any time without notice. Callplicity however, makes no commitment of any kind to update the materials.
- Assumption of Risk.
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Callplicity has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from a Service over the Internet cannot be guaranteed. Accordingly, Callplicity is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Callplicity shall have no liability for interruptions or omissions in Internet, network, or hosting services. You assume the sole and complete risk of using the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
- Your Responsibility to Protect Data and Password.
It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying Callplicity of any unauthorized use of your account or breach of your account information or password. Callplicity will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify Callplicity about the unauthorized use of your account or breach of your account information or password.
The Site may include links to certain websites, materials, or content developed by third parties. Callplicity has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Callplicity of the Site. Use of any such linked website is at Your own risk. Callplicity reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.
- Enforcing Security.
Actual or attempted unauthorized use of any of the Sites may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from You, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Sites.
- Compliance with Laws.
You will use the Callplicity Service in full compliance with all applicable laws and regulations with regard to your use of the Service including, without limitation, US federal laws, individual state laws, international laws, and all other laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that You have with a third-party telecommunications provider. If necessary and in accordance with applicable law, Callplicity will cooperate with local, state, federal, and/or international government authorities to protect its Site, Materials, Content, Services, Accounts, visitors, customers, parents, subsidiaries, affiliates, and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of its Site, Materials, Content, Services, and Accounts.
You will indemnify and hold Callplicity, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this Agreement, your violation of any law, or the rights of a third party.
- Termination of License.
Callplicity may terminate your right to use the Service with or without cause at any time, including when we feel that You are taking advantage of unlimited call redirection offered under a paid plan. We would consider “taking advantage” to be a breach of any point of Callplicity’s Fair Use Policy set above. You may also terminate this Agreement at any time directly from your Callplicity account. Termination of this Agreement becomes effective at the end of the ongoing billing cycle.
Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on your use of the Service as set forth in the Section Pricing & Billing shall survive such termination, and you agree to be bound by those terms.
- Governing Law.
Any claim relating to Callplicity’s site shall be governed by the laws of the state of Georgia without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or federal court located in Cobb county, state of Georgia and the parties unconditionally waive their respective rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
- Waiver of Jury Trial.
Each of the parties waives its rights to a trial by jury of all claims or causes of action (including counterclaims) related to or arising out of this Agreement brought by either party against the other. This waiver will apply to any subsequent amendments or modifications to this agreement.
- No Class Actions.
All claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Services.
- Waiver of Compliance of this Agreement.
Even if we do not require strict compliance with the Agreement in each instance, You will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions, or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, will in no way waive Your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.
Any and all waivers by Callplicity of any provision, condition, or requirement of the Agreement will only be effective against Callplicity if it is in writing and signed by an authorized officer of Callplicity, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to you, Callplicity for any third party that assumes our rights and obligations under this Agreement.
- No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
- Contact Information.
If you have any questions, concerns, or complaints about our Services or anything found in this Agreement or other agreements with us, please contact us by email at firstname.lastname@example.org.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.