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Terms of Service

 

These Terms of Service (the “Terms of Service”) are a binding legal agreement between You (either an individual or an entity) and GenVoice regarding your use of GenVoice’s call management solutions and other services and any software (“Software”) provided for your use in connection with our solutions or services (such solutions, services and Software, collectively, the “Service”). 

In addition, when using certain features of the Service, you may also be subject to the guidelines, terms and agreements applicable to such features (“Policies”). All such Policies are incorporated by reference into these Terms of Service. If these Terms of Service are inconsistent with any Policy, the terms in the Policy will control.

We may periodically make changes to these Terms of Service and the prices of the various aspects of the Service. We will notify registered users of the Service by email of any material changes to these Terms of Service and Service pricing, so please keep your registered email address current.

Please read the Terms of Service carefully. By downloading, installing or using the Software, or accessing or using the Service, you accept the Terms of Service and any modifications that may be made to the Terms or Service pricing at any time.

If You do not agree to any provisions of these Terms of Service, You should not access or use the Service or download, install or use the Software. If You are using the Service on behalf of a company or other legal entity, You represent and warrant that You have the legal authority to bind such company or entity to these Terms of Service.

Service Registration Procedures

Upon signing up for the Service, You agree to provide GenVoice with Your true, accurate, up to date, and complete personal name and/or company name, administrator name, billing address, the addresses where the Service will primarily be used, email address, contact phone number, credit card information, and other data which may be necessary to administer your Genvoice account (“Account”) (collectively, “Registration Data”).

You represent and warrant that the information You provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If you provide Registration Data that is, or that GenVoice suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, GenVoice has the right, in its sole discretion, to suspend or terminate the Services and refuse any and all current or future use of all Services by You, your business(es), affiliates and all users of your Account.

At all times, You shall maintain and promptly update Registration Data. You are solely liable for any transactions or activities by you or anyone else that occur on Your Account. You shall immediately notify GenVoice of any unauthorized use of your Account or if any other breach of security has occurred. In no event shall Genvoice be liable for any unauthorized use of your Account.

Your use of the Services is subject to the restrictions in the GenVoice Acceptable Use Policy. You warrant and represent that you will at all times comply with the GenVoice Acceptable Use Policy.

Information, and Third Parties

In connection with the registration, downloading, maintenance, or use of the Service, you will be required to provide data, personally identifiable information, or other materials (collectively “Customer Data”). Should you use GenVoice features that include collection of audio or transcript data, such information is included in the definition of Customer Data You are solely responsible for collecting, entering and updating the Customer Data. You hereby grant to GenVoice a perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, license to copy, store, record, transmit, display, view, print, and use Customer Data to the extent necessary to provide, develop, and improve the Services. You agree that we may authorize access to Customer Data and share how you use our Service to employees, contractors, and agents who need to know the information in order to improve, personalize and provide Services, conduct research for product development, and enhance user experience. GenVoice may also share Customer Data as permitted pursuant to GenVoice’s Privacy Policy.

Any information transmitted through the Service is the sole responsibility of the person from whom such information originated, and you access all such information at your own risk. GenVoice is not and cannot be liable for any errors or omissions in that information or for any damages or loss you might suffer in connection with it. GenVoice cannot control and have no duty to take any action regarding how you may interpret and use the information or what actions you may take as a result of having been exposed to the information, and you hereby release us from all liability for you having acquired or not acquired information through the Service. GenVoice do not guarantee the identity of any users with whom you interact in using the Service and are not responsible for which users gain access to the Service.

You are responsible for all your activity in connection with the Service.

Term of Service

Initial Term

Service is provided on paid subscriptions only for a term of one month if you choose the monthly plan. You are subscribing to the Service for the full length of the applicable Term. This means that if you terminate the Service prior to the end of the then-current Term or we terminate the Service as a result of your Default (any reason, including without limitation, for your failure to pay any sum due hereunder, for suspected fraud or other illicit activity, and/or for any other breach of these Terms of Service – each, a “Default”), you will be responsible for any applicable charges for the full Term as if you remained a customer through the end of the then-current Term, including, without limitation, outstanding charges and unbilled charges.

Renewal

The Term for all Service plans will renew automatically for successive Terms of the same length without further action by or notice to you.

Termination

We reserve the right, in our sole discretion, to modify, suspend or terminate the Service or your account without notice as a result of your Default. We reserve the right to determine, in our sole discretion, what constitutes a Default and you agree that our determination is final and binding on you. In the event of a Default, you will pay us all outstanding charges and unbilled charges and will reimburse us for all attorney, court, collection and other fees and costs we incur in the enforcement of our rights under these Terms of Service.

Upon termination of your account, all information associated with your account (including voicemails, recorded calls, text messages, call history) will be deleted or destroyed in accordance with the Privacy Policy. Business phone numbers acquired with the GenVoice service and ported into GenVoice will be automatically released and lost completely after 90 (nighty) calendar days of the account subscription being terminated either by your request or by non-payment.

Payment

Prices and Charges

All prices are identified in US dollars exclusive from taxes and fees on the website or service management dashboard. Additional charges may result if You activate or purchase additional aspects of the Service, or exceed usage thresholds. You will be liable for all charges resulting from use of the Services on your Account. Recurring charges for the Services begin on the Start Date and will continue for the Term.

Billing and Payment Methods

When you subscribe to Service, you will provide us with a payment method, such as a valid credit card (including proper billing information) or PayPal account, and, if applicable, authorize us to collect from your payment method. Upon termination, we will charge you any fees and any other outstanding charges and disconnect your Service.

You must keep your credit card and/or PayPal account information, including, but not limited to, the account number, expiration date, billing address and/or other validation information, up to date, making necessary changes through your service management dashboard. If the credit card or other payment method on your Account is declined or fails for any reason, GenVoice will use reasonable efforts to contact you and advise you of the failed billing attempts.

Notwithstanding the foregoing, GenVoice reserves the right to disconnect your Service and terminate your account if your payment method on file is declined or fails for any reason, and GenVoice reserves the right to continue to attempt charging your credit card and/or PayPal account for any outstanding Service charges and additional fees and pursue any other legal remedies available to GenVoice within thirty (30) days after the first failed collection attempt.

We are not responsible for any charges assessed by the credit card issuer on your account for exceeding your credit limit or any other reason. If we suspect fraud, we may immediately suspend your account without notice. We reserve the right to charge a fee for any chargebacks unless in connection with a valid dispute recognized by us as due to our error.

In the event you dispute any charges billed to you, or you will waive any objection and any further remedy with respect thereto. Written statements disputing charges must be sent to support@genvoice.net.

Refunds 

No Refunds for Plan Changes

GenVoice does not offer refunds for any services ordered but changed at any point within the current billing cycle. Should you decide to downgrade to a lower-cost plan, GenVoice will not refund the difference in cost between the two Subscriptions. It is your sole responsibility to contact GenVoice before the start of the next billing cycle to change or modify any services, subscriptions, or accounts.

Use of the Service

Acceptable Use Policy

GenVoice’s Service may only be used for lawful, proper and appropriate purposes. GenVoice’s Service may not be used for any of the following prohibited uses (which are in addition to other prohibited uses applicable to all Services):

  1. Illegal purposes include but are not limited to: using the Service to violate any law, rule, or regulation; or engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior.
  2. Trunking or forwarding your Number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system that is billed on a per minute basis only, unless otherwise specifically agreed.
  3. Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously).
  4. Bulk call-in lines (e.g., customer support or sales call centers, “hotlines”, 900 numbers, sports-line numbers, etc.).
  5. Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).

In addition, you are obliged not to assist any third party to:

(a) modify, alter, tamper with, repair or otherwise create derivative works of any Software;

(b) reverse engineer, disassemble or decompile the software and technology used to provide or access the Service, including the Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;

(c) sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Service to any third party;

(d) remove, obscure or alter any proprietary rights notice pertaining to the Service;

(e) access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;

(f) use the Service in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Service could lead to death, personal injury, or physical property or environmental damage;

(g) use the Service to:

  • engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data;
  • send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages (including, but not limited to, sms, fax blasting, junk faxing or fax spamming), whether commercial or otherwise;
  • store or transmit inappropriate content, such as content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) that violates the intellectual property rights or rights to the publicity or privacy of others;
  • store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or
  • abuse, harass, stalk or otherwise violate the legal rights of a third party;

(h) interfere with or disrupt servers or networks used by us to provide the Service or used by other users to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of the Service;

(i) access or attempt to access other accounts, computer systems or networks not covered by these Terms of Service, through password mining or any other means;

(j) cause, in our sole discretion, inordinate burden on the Service or our system resources or capacity; or

(k) share passwords or other access information or otherwise authorized any third party to access or use the Service, including the Software.

Notwithstanding anything to the contrary of these Terms of Service, GenVoice may act immediately and without notice to suspend or limit the Services if GenVoice reasonably suspects fraudulent or illegal activity in Your Account, material breach of the Acceptable Use Policy, or use of the Services that could interfere with the functioning of the GenVoice Network, provided such suspension or limitation may only be to the extent reasonably necessary to protect against the applicable condition, activity, or use. GenVoice will promptly remove the suspension or limitation as soon as the condition, activity or use is resolved and mitigated in full. If You anticipate legitimate but unusual activity on your Account, You should contact GenVoice Support in advance to avoid any Service disruption.

We reserve the right to add, modify or amend this Acceptable Use Policy at any time for any reason at our sole discretion. We also reserve the right, in our sole discretion, to deactivate, change and/or require you to change your user ID and/or password for any reason or for no reason.

Phone Numbers

We will provide telephone numbers to be used in connection with the Service or you may port a number to GenVoice for use within the Service (each, a “Number”). In either case, you will be the owner of the Number. We may permit you to request a specific telephone number. If you request a specific telephone number, we will attempt to provide you with that number. However, we cannot guarantee that the requested number(s) will be available. You should not order any printed material, such as business cards or stationary and/or incur any promotional or event costs, or otherwise arrange publicity showing a number until that number becomes active in your Service account. We will not be liable for reimbursement for business cards, stationary, or press releases under any conditions if we are not able to give you a requested number.

Service Distinctions

YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SERVICE HAS DIFFERENT TECHNICAL LIMITATIONS AND OTHER TECHNICAL CHARACTERISTICS AS COMPARED WITH TRADITIONAL TELEPHONE SERVICES. THE SERVICE MAY BE SUBJECT TO DIFFERENT REGULATORY TREATMENT THAN TRADITIONAL OR WIRELINE PHONE SERVICE. THIS TREATMENT MAY LIMIT OR OTHERWISE AFFECT YOUR RIGHTS AND RESPONSIBILITIES BEFORE FEDERAL AND/OR STATE REGULATORY AGENCIES. In addition, you acknowledge that the Numbers you obtain from us may not be listed in any telephone directory (except for Numbers ported to us from your local phone company, which may be listed). One of the consequences of this is that a reverse directory lookup of your Number will most likely not reveal your address.

Privacy

You acknowledge that the Service relies, in whole or in part, on the public Internet and third party networks to transmit voice and other communications. For this reason, we cannot guarantee and do not warrant that your calls or other communications and transmissions using the Service will be secure or private. You understand that we may preserve voicemails, recorded phone calls and other user content and may review and disclose this content, your name, telephone number, credit card and/or PayPal account information and other personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) comply with law enforcement or other governmental agency requests;

(b) comply with laws, regulations, rules, subpoenas, search warrants, or court orders;

(c) investigate, identify, contact, or bring legal action against someone who may be misusing the Service or violating the terms of our agreements;

(d) investigate and protect the rights, property, or personal safety of GenVoice, its users, and the public; or

(e) respond to support requests.

License to Software 

If we make Software available to you, your use of the Software is subject to the terms of the license agreement (if any) that accompanies the Software; or, if no license accompanies the Software, then subject to these Terms of Service, you are granted only a non-exclusive copyright license to install and use one instance of the Software (in object code format) solely to enable your own use of the Service. We reserve all other rights to the Software. This limited license does not allow you to modify, adapt or sublicense the Software, merge the Software into another program or create derivative works based on the Software. Except as may be expressly permitted by applicable law, you will not and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Software; (b) rent, lease or sublicense the Software; or (c) circumvent or disable any security or technological features or measures in the Software. Unless we notify you otherwise, the Software license ends when your Service ends. You must then promptly uninstall the Software.

 

Disclaimer of Warranties; Limitation of Liabilities; Indemnification

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE AND/OR QUALITY OF VOICE OR FAX COMMUNICATIONS. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICE OR THE INTERNET IN GENERAL. WE ARE NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICE. WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE ARE AT YOUR SOLE RISK AND DISCRETION AND WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. Some jurisdictions’ laws do not allow exclusion of specific implied warranties, in which case the disclaimer of implied warranties may not apply to you to that extent.

Limitation of Liability

WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF US$100 AND THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICE DURING THE TWELVE MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY. THESE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GENVOICE, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND

GENVOICE, GENVOICE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

GenVoice’s Proprietary Rights

We own and will at all times retain sole and exclusive right, title and interest to the Service (including the Software), including all copyrights, trademarks, trade secrets and all other intellectual property rights thereto, including without limitation with respect to all technology used in connection with or provided as part of the Service (including the Software). We retain all rights not expressly granted under these Terms of Service. Any new features that we provide will also be considered to be the “Service” and will be subject to these Terms of Service.

Contacting Us

If you have any questions or concerns about the Service or these Terms of Service, you may contact us by email support@genvoice.net.