Terms of Service
Sideline is a service of Pinger, Inc., and we take your data, privacy, and security very seriously. Please familiarize yourself with our legal policies and feel free to contact us if you have questions.
These Terms of Service were last updated on May 6, 2019
Pinger Privacy Notice
SOME USEFUL DATA PRIVACY FACTS FROM YOUR FRIENDS AT PINGER
What data does Pinger need to use?
In order for inbound or outbound calls and messages to work for our communications applications, we need basic information about the sender and the recipient, like their phone numbers. We also need to know how to associate all those calls and messages with a specific account, so we require you to provide some basic information during signup. That's how we can make sure that calls and messages are connected correctly. That personal information is required in order to provide our services, so please keep that in mind when deciding whether to use our apps.
Is any data used for advertising purposes?
Some of Pinger's applications are free and supported by advertising. For those free apps, we -like other ad-supported companies (e.g. Facebook) - gather information about you, your mobile device, and your use of our applications. That information is shared with advertising partners who slice it, dice it, mix it with other data, and use algorithms to serve ads to you via our apps. That's basically how we, and others, make money to support and offer apps for free. If you don't like that data is used to deliver ads to you, then you shouldn't use our free apps (or Amazon or Facebook or Google and others).
Where is the data held?
Pinger utilizes data centers in the United States, where all of our necessary systems are located. Some of our support programs leverage affiliated companies in the European Union (EU) to provide customer support, and those European-based customer support teams may have remote access to account information. Transfers of personal data to and among our affiliates are subject to terms of intercompany agreements governing the transfer of data to the United States and protection of that data under applicable law. Also, we require that you acknowledge and agree to allow us to transfer data to the United States, so if you're not willing to provide that consent, you shouldn't use our products and services.
What safeguards does Pinger utilize to protect data?
We take appropriate technical and organizational measures for our systems to comply with data privacy to ensure a level of data protection appropriate to the risk resulting from the processing of personal data, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing, as well as the severity and likelihood of realization of risks for the rights and freedoms of folks who've provided the data.
Is Pinger a "controller" or a "processor"?
Lots of companies are making distinctions about who is a "controller," and who is "processor," when it comes to using personal data. That's because the EU General Data Protection Regulation (GDPR) effective May 25, 2018, distinguishes a "controller," (the party primarily responsible for protecting "personal data") from a "processor" (which is essentially a subcontractor that has secondary, but important responsibilities to protect "personal data"). In the context of providing services to you, Pinger would be considered a "controller" if GDPR were to apply.
However, our applications and services are not designed for, or available in, the EU. Nonetheless, we believe privacy is important, which is why we've prepared this Privacy Notice.
How does Pinger work with subprocessors?
We use a variety of subcontractors to support our business and provide necessary elements of our services. This includes local exchange carriers connected to the PSTN (Public Switch Telephone Network) who connect communications for us, data backhaul providers who transfer data across the continent at blinding speeds, customer support platforms that allow us to streamline customer service, and a host of other technology companies that work behind the scenes to give you a great experience. We have contractual agreements with those subcontractors that require them to adhere to applicable data privacy and confidentiality requirements, including GDPR-specific addendums for some folks who may touch your data, even if GDPR may not apply to that data.
What do I do if I have concerns about use of my data?
Terms of Service
These terms govern your use of software applications (each an "App") provided by Licensor, and your use of the separate services enabled through an App, as described below ("Services"). If you downloaded the App from a U.S. App Store or, for Textfree Web or for desktop versions of Sideline Enterprise, if you identify your country of use as the United States, "Licensor" is Pinger, Inc.; otherwise "Licensor" is Dinopilot, a Cayman Islands company.
THESE TERMS INCLUDE IMPORTANT NOTICES REGARDING LIMITATION OF LICENSE RIGHTS, USAGE LIMITATIONS, CANCELATION OF SUBSCRIPTIONS, TRANSFER OF DATA TO THE UNITED STATES, USE OF DATA FOR ADVERTISING, AND ADDITIONAL RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW.
PLEASE READ THE ENTIRETY OF THESE TERMS AND REVIEW THOSE NOTICES CAREFULLY, AS YOUR AGREEMENT AND CONSENT TO THOSE TERMS ARE EXPRESS REQUIREMENTS FOR YOU TO USE THE APP AND SERVICES.
NOTICE REGARDING NO LICENSE RIGHTS TO RESIDENTS OF THE EUROPEAN UNION ("EU"): APPS ARE ONLY MADE AVAILABLE FOR DOWNLOAD FROM U.S. AND CANADIAN APP STORES BECAUSE THEY ARE INTENDED FOR USE BY UNITED STATES AND CANADIAN RESIDENTS IN THE UNITED STATES AND CANADA. IF YOU ARE A RESIDENT OF THE EU, OR IF YOU INTEND TO USE THE APP AND SERVICES IN THE EU, THEN NO LICENSE RIGHTS ARE GRANTED FOR YOU TO USE THE APP OR SERVICES, AND YOU MAY NOT USE THE APP OR SERVICES FOR ANY PURPOSE.
NOTICE REGARDING USAGE LIMITATIONS: APPS AND SERVICES ARE FOR USE BY HUMAN OPERATORS FOR NORMAL USER ACTIVITY AND MAY NOT BE USED AS PART OF AUTOMATED OPERATIONS OR SYSTEMS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT, AND WILL NOT ALLOW A THIRD PARTY TO: (I) USE THE APPS OR SERVICES AS PART OF AUTOMATED PROCESSES OR SYSTEMS; OR (II) INITIATE SMS MESSAGES AND PHONE CALLS THAT: (A) COLLECTIVELY (1) EXCEED EITHER SIXTY PER MINUTE OR ONE THOUSAND PER DAY; OR (2) ARE SENT TO MORE THAN 200 DIFFERENT UNIQUE CONTACTS, OR (B) ARE NOT INTENDED OR DESIGNED FOR A CONVERSATION WITH OR REPLY FROM THE RECIPIENT. AS FURTHER PROVIDED IN THESE TERMS, LICENSOR RESERVES THE RIGHT AT ITS OPTION AND WITHOUT NOTICE OR LIABILITY TO YOU TO USE TECHNOLOGIES AND TAKE ACTIONS THAT MAY BLOCK OR LIMIT YOUR USE OF THE APP AND/OR SERVICE, INCLUDING BUT NOT LIMITED TO LIMITING THE NUMBER OF OUTBOUND SMS MESSAGES AND/OR CALLS YOU MAY INITIATE OR TERMINATING YOUR USE OF APPS AND SERVICES, IF LICENSOR DETERMINES IN ITS SOLE DISCRETION THAT YOUR USE OF THE APP AND/OR SERVICE MAY VIOLATE THESE TERMS, IS INCONSISTENT WITH NORMAL USER ACTIVITY, IMPAIRS THE USE OF APPS AND/OR SERVICES BY OTHERS, OR IS OTHERWISE SUBJECT TO RESTRICTIONS IMPOSED BY THE UNITED STATES OR FOREIGN GOVERNMENTS OR THIRD PARTY SERVICE PROVIDERS.
NOTICE REGARDING SUBSCRIPTIONS: FOR SIDELINE AND SOME APPS, SOME FEATURES INCLUDE MANAGEMENT FUNCTIONS WHICH ARE ONLY AVAILABLE ON A PAID BASIS. SUBSCRIPTIONS FOR PAID FEATURES AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM. YOU WILL BE CHARGED SUBSCRIPTION FEES PLUS APPLICABLE TAXES UNTIL YOUR APPLICABLE SUBSCRIPTION IS CANCELED.
CERTAIN SUBSCRIPTIONS MAY OFFER A FREE TRIAL PRIOR TO CHARGING YOUR PAYMENT METHOD. TO AVOID BEING CHARGED, YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE FREE TRIAL ENDS.
FOR ANY PAID FEATURES, YOU CONSENT TO ALLOW THE APPLICABLE APP STORE TO CHARGE YOUR CREDIT CARD FOR THE AMOUNTS DUE FOR THE SUBSCRIPTION AND FOR ANY PAID FEATURE, AND TO CHARGE YOUR CREDIT CARD FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELLED OR TERMINATED, OR YOU TERMINATE THE SUBSCRIPTION FOR THE PAID FEATURE, AS APPLICABLE.
TO CANCEL A PAID SUBSCRIPTION, YOU MUST CANCEL IT THROUGH MECHANISMS MADE AVAILABLE BY THE APPLICABLE APP STORE. FOR SUBSCRIPTIONS PURCHASED THROUGH THE APPLE APP STORE, SEE https://support.apple.com/en-us/HT202039. FOR SUBSCRIPTIONS PURCHASED FROM GOOGLE PLAY, SEE https://support.google.com/googleplay/answer/2476088?hl=en.
TO CANCEL YOUR SIDELINE ENTERPRISE SUBSCRIPTION, YOU MUST SEND A CANCELATION NOTICE BY EMAIL TO CANCEL@SIDELINE.COM.
NOTICE REGARDING TRANSFER OF DATA: USE OF THE APP REQUIRES THAT PERSONAL DATA BE PROCESSED BY PINGER, INC. IN THE UNITED STATES OF AMERICA, WHERE THE COMPUTING SYSTEMS AND INFRASTRUCTURE NECESSARY FOR YOU TO USE THE APP AND SERVICES ARE LOCATED. FEATURES AND CAPABILITIES OF THE APP AND SERVICES WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY, AND TRANSFER OF PERSONAL DATA TO, PINGER, INC. IN THE UNITED STATES OF AMERICA FOR THAT PURPOSE. PINGER, INC. IS AN AFFILIATE OF DINOPILOT, A COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE CAYMAN ISLANDS, AND PROCESSES SUCH PERSONAL INFORMATION IN COMPLIANCE WITH THE CONTRACTUAL REQUIREMENTS ESTABLISHED WITH YOU IN THIS DOCUMENT.
NOTICE REGARDING ADVERTISING: FOR APPS OTHER THAN SIDELINE, YOUR USE OF APPS IS SUPPORTED, IN PART, BY ADVERTISING WITHOUT WHICH LICENSOR WOULD NOT BE ABLE TO PROVIDE THE APPS OR SERVICES TO YOU. ACCORDINGLY, YOU ACKNOWLEDGE AND ACCEPT THAT APPS OTHER THAN SIDELINE DISPLAY ADVERTISING AND PROMOTIONS, AND THAT ANONYMOUS DATA COLLECTED IN THOSE APPS MAY BE USED FOR ADVERTISING PURPOSES. ANONYMOUS DATA DOES NOT INCLUDE DATA THAT CAN IDENTIFY YOU PERSONALLY, BUT DOES INCLUDE THE FOLLOWING ("ANONYMOUS DATA"): AGE, GENDER, PHONE NUMBER ISSUED BY LICENSOR OR USED WITH THE APP (WHICH, TOGETHER WITH ASSOCIATED CALL DETAIL RECORDS, IS OWNED BY INBOUND PROVIDER), THE NUMBER OF MESSAGES YOU SEND AND RECEIVE, DATE AND TIME MESSAGES ARE SENT AND RECEIVED, LOCATION DATA (NOT OF A SPECIFIC, EXACT LOCATION), LOCATION DATA OF AN EXACT LOCATION THAT IS ANONYMIZED SO THAT IT CANNOT BE ASSOCIATED WITH YOU, MESSAGE DATA AND TRAFFIC INFORMATION, DEVICE TYPE AND OPERATING SYSTEM, CARRIER IDENTITY, AND DEVICE IDENTIFIERS, ETHERNET MAC ADDRESS AND/OR ADVERTISING IDENTIFIER, SUCH AS IDFA AND GOOGLE AD ID. ANONYMOUS DATA IS USED BY LICENSOR AND SHARED WITH THIRD PARTIES TO DELIVER ADVERTISING WITHIN THE APP AND TO PROVIDE, IMPROVE, MONITOR, AND UPDATE APPS, SERVICES AND OTHER CURRENT AND FUTURE LICENSOR APPLICATIONS. YOU EXPRESSLY AGREE THAT LICENSOR AND ITS SERVICE PROVIDERS MAY DIGITALLY SCAN CONTENT TRANSMITTED THROUGH THE APP IN ORDER TO PROVIDE SUCH ADVERTISING TO YOU.
BY USING APPS, AND SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, YOU ARE PROVIDING YOUR CONSENT FOR USE OF ANONYMOUS DATA BY LICENSOR AND ITS SERVICE PROVIDERS AS DESCRIBED IN THIS DOCUMENT AND YOU HEREBY AUTHORIZE AND GRANT TO LICENSOR A LICENSE TO USE, COPY, AND TRANSMIT ANONYMOUS DATA FOR ANY PURPOSE AND TO SUBLICENSE, SELL, LEASE AND/OR TRANSFER THE FOREGOING RIGHTS TO ANY THIRD PARTY, SUBJECT TO LIMITATIONS OF APPLICABLE LAW.
NOTICE REGARDING ADDITIONAL RIGHTS: YOU MAY HAVE THE RIGHT TO EXERCISE ADDITIONAL RIGHTS AVAILABLE TO YOU UNDER APPLICABLE LAWS, INCLUDING: (A) RIGHT TO ERASURE OR CORRECTION OF PERSONAL INFORMATION; (B) A RIGHT TO OBJECT TO, OR TO RESTRICT, PROCESSING OF PERSONAL INFORMATION, OR (C) A RIGHT TO PORT PERSONAL INFORMATION. IF YOU WOULD LIKE TO EXERCISE SUCH RIGHTS, PLEASE CONTACT US AT PRIVACY@PINGER.COM WITH YOUR SPECIFIC REQUEST. WE WILL CONSIDER YOUR REQUEST IN ACCORDANCE WITH APPLICABLE LAWS AND, WHERE REQUIRED TO ADHERE TO YOUR REQUEST, WE WILL DO SO WITHIN THE TIME PERIODS REQUIRED BY APPLICABLE LAW (GENERALLY 30 DAYS FOLLOWING THE REQUEST). TO PROTECT YOUR PRIVACY AND SECURITY, WE MAY TAKE STEPS TO VERIFY YOUR IDENTITY BEFORE COMPLYING WITH THE REQUEST AND MAY CHARGE A FEE TO PROCESS YOUR REQUEST AS ALLOWED BY APPLICABLE LAW.
YOU ACKNOWLEDGE THAT DUE TO THE NATURE OF THE SERVICES, LICENSOR WILL NOT BE ABLE TO CONTINUE TO PROVIDE ANY SERVICES TO YOU IF YOU ELECT TO HAVE PERSONAL INFORMATION ERASED, AND THAT WITHOUT USE OF PERSONAL INFORMATION, LICENSE CANNOT PROVIDE SERVICES TO YOU. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCOUNT WILL BE AUTOMATICALLY TERMINATED IF YOUR PERSONAL INFORMATION IS ERASED, AND YOU ACKNOWLEDGE AND AGREE – AS AN EXPRESS CONDITION OF YOUR USE OF THE APP AND SERVICES - THAT NEITHER LICENSOR, INBOUND PROVIDER OR OUTBOUND PROVIDER, OR ANY OF THEIR REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR TERMINATING YOUR ACCOUNT AND/OR USE OF THE SERVICES.
Apps are Not for Children under 16. All Apps, Services and Pinger websites are not intended for children under the age of 16, so children under the age of 16 should not use them at any time. If you are under 18, you represent that your legal guardian has reviewed and agreed to these terms. Licensor does not knowingly collect any information from children under the age of 16. In the event that Licensor learns that it has inadvertently gathered personal information from children under the age of 16, Licensor will take reasonable measures to promptly delete such information.
Construction. Some Apps and Services have unique features and, as a consequence, these terms create three separate contracts: (i) a license between you and Licensor (the "License") for your use of the Apps and communication features only available between App users ("On-Net Features"), (ii) where the App provides temporary use of a unique phone number, a separate agreement between you and the party identified as the "Inbound Provider" below, for the use of the Inbound Services described below (the "Inbound Terms"), and (iii) where the App allows for outbound SMS and/or calling features, a separate agreement between you and the party identified as the "Outbound Provider" below, for the use of the Outbound Service described below (the "Outbound Terms"). The term "SMS" as used in this document means a message of text only or text and graphics, photos, audio clips, or video clips as enabled by the applicable App. Depending on your App, it may not include functionality for including graphics, photos, audio clips, or video clips as part of messages. For the Sideline App, some special terms apply, as set forth in the Section entitled "Additional Terms for Sideline" below, and those terms supersede and replace any conflicting terms of the License, the Inbound Terms or the Outbound Terms.
Account Registration. Use of most Apps requires that you create an account (the "Account"). When setting up an Account: (i) you may be prompted to provide a phone number to receive a call or SMS from us so that we may authenticate your Account registration and you acknowledge and agree that we may place, and that your provider may charge you for, that incoming call or SMS; and (ii) you are prompted for registration information, which may include your country of residence, name, age, email address, and account password, and a phone number. You hereby consent and to allow, and represent that you have the right to allow, Licensor to: (i) import and store your device name and contacts from your device, and from third party services through connections enabled by you through the Apps, (ii) identify you by the name and phone number provided during registration to third parties with whom you communicate using the Apps, (iii) identify your association with those contacts to other users of Apps, (iv) identify phone numbers in your contact list to individuals or entities associated with those phone numbers, and (v) to associate contact information on your device with contact information from third party services enabled by you through the Apps. For Sideline Accounts, you agree that Licensor may contact you at the mobile phone number you provide during registration about your Account and/or about setting up an Account. Accounts are for your personal use and may not be transferred or assigned by you to a third party. YOU ACKNOWLEDGE THAT IF YOU DO NOT CONSENT TO MAKE YOUR CONTACTS AVAILABLE TO THE APP, YOU CANNOT REGISTER AN ACCOUNT AND YOUR USE OF THE APPS WILL BE LIMITED.
Third Party Features; Open Source Software. There may be times when App features are offered by third parties who provide those features under their own terms and conditions not included in these terms. Those separate terms and conditions would govern your use of such features. You acknowledge and agree that: (i) Licensor, Inbound Provider and Outbound Provider shall not have any liability to you for your use of, or your inability to use, those features, regardless of any act or failure to act by any of them; and (ii) as an express condition for making those services available through the App, you shall not to bring any action against Licensor, Inbound Provider and Outbound Provider, or any of their officers, directors, employees, or shareholders arising out of or related to those features. The App is provided with open source software, identified at the end of these terms, which is licensed under terms and conditions of its licensors. The provisions of these terms up to and including this paragraph are referred to as the "Base Terms."
This License governs your use of the software elements of the Apps and On-Net Features (described below) and applies to updates of the App made available to you. Your use of the Inbound Service or Outbound Service is governed separately under the Inbound Terms or Outbound Terms, respectively.
License. Subject to the terms of this License, unless you are a resident of the European Union, Licensor grants to you a royalty-free, non-exclusive, non-transferable license to: (i) use the App for your personal use only and only on the device on to which it is downloaded; and (ii) use communications features to communicate with other App users over networks not connected to public telephone services ("On-Net Features"). If you are a resident of the European Union, no rights are granted to you and you may not use the App or the Service. You agree that you shall not make or permit the making of any modifications, additions or enhancements to Apps, or cause or permit the disassembly, decompilation or reverse engineering of any App except and only to the extent allowed by applicable law.
Requirements. For Account creation, only a single number may be used for authentication and you acknowledge that use of the same number for a future authentication may terminate your account and that Licensor, Inbound Provider and Outbound Provider will not have any liability to you in such event. As an express condition to your use of the App, you agree to provide Licensor proper identification and residence information when requested. If your version of App includes voicemail, photo or audio or video recording features, you consent to allow, and represent that you have the right to allow, Licensor to copy, cache, store, distribute and share voicemails, photos and/or audio and video recordings as you designate through the App. For voicemail features, you agree that voicemails may be subject to limitations as to the number and duration of voicemails. You agree and hereby grant Licensor the right to copy, cache and store voicemails and/or message content, with that right to survive expiration or termination of this License. You agree that you will only use the Apps and Services on the devices authorized by you and on which the Apps are designed to operate; that you will not share the App with others using a single App Store account; and that you will not use or allow the use of the Apps and/or Services in conjunction with any other device, system or server to enable multiple users of a single account, including but not limited to any private branch or key system. You agree that you will not use the Apps or Services in violation of applicable law (e.g. no texting while driving) or to: (i) create or transmit any content or communications using the Apps or Services that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that may violate or infringe the rights or privacy of third parties, as determined by Licensor in its sole discretion; (ii) send spam or advertisements in violation of applicable law or without the advance consent of the recipient; (iii) collect information about App users or message or call recipients without their advance and express consent; (iv) resell or allow third parties to use the Apps and Services, or use the Apps or Services in a for a fraudulent or deceptive purpose, or in manner that violates applicable law; (v) use the Apps and/or Services in excess of what Licensor determines, in its sole discretion, would be expected of normal use; or (vi) engage in bulk messaging, robocalling, auto-dialing, ID spoofing, or similar deceptive practice (the conduct in this subsection (vi) referred to as "Spam Attacking").
YOU AGREE THAT IF YOU ARE SPAM ATTACKING, SUCH CONDUCT WILL CAUSE SERIOUS DAMAGE TO LICENSOR AND, ON ACCOUNT OF THE GREAT DIFFICULTY OF ASCERTAINING THE AMOUNT OF SUCH DAMAGE, YOU AGREE TO PAY $500 PER CALL OR SMS MESSAGE THAT CONSTITUTES SPAM ATTACKING (AS DEFINED ABOVE) AS LIQUIDATED DAMAGES AND YOU ACKNOWLEDGE AND AGREE THAT SUCH AMOUNTS ARE NOT A PENALTY AND CONSTITUTE A REASONABLE ESTIMATE OF THE LOSS THAT LICENSOR MAY SUFFER AS A RESULT OF SPAM ATTACKING.
Data. Prior to Account creation, Licensor may collect through the App device identifiers but no other personally identifiable information. Such information is used for the sole purpose of providing support for the internal operations of Licensor. During and after Account creation, Licensor collects data that you provide upon registration, the name and phone number of contacts as stored on your device ("Contact Data"), and data about your use of the App, which includes Personal Data and Anonymous Data. "Personal Data" is data that identifies you personally that includes: name, address, and email address, and location data of a specific location that is identified to you. Personal Data is used only to identify you with your Account in order to provide the Inbound Service and, for location data, to provide advertising to you. Contact Data is stored on your device and on Licensor's servers to enable communications features within the App. Contact Data is not used for any other purpose. Subject to your rights to have your Personal Data deleted, you hereby (i) grant Licensor perpetual licenses to store Personal Data and Contact Data and to use, copy and transmit Personal Data and Contact Data in conjunction with your use of the App; and (ii) consent to allow Licensor to transmit Personal Data and Contact Data to Inbound Provider and Outbound Provider upon registration, in response to legal process and/or to legal authorities upon request or as required under applicable law, and to mobile operators or other third parties upon your actions when you respond to certain promotional programs with them and that such transmission is made by your request and at your direction. If the App allows you to utilize features enabled by Google through Google APIs, Google requires that you also agree to comply with applicable law, regulation and Google's Google APIs Terms of Service found here: https://console.cloud.google.com/tos?id=universal, as may be amended by Google from time to time. You acknowledge and agree that: (i) you are solely responsible for reviewing and monitoring the Google APIs Terms of Service Licensor for any changes; and (ii) Inbound Provider and Outbound provider will not have any liability to you related to the use or operation of Google APIs.
Ownership. Licensor and its providers retain all right, title and interest, including all intellectual property rights embodied in the App.
Additional Terms. The Base Terms above and the Additional Terms below are incorporated into this License by reference.
License. Subject to these Inbound Terms, Inbound Provider grants to you a license to use the phone number made available to you for inbound SMS messaging and inbound voice communication, if such features are enabled through the App, in each case solely in conjunction with the App.
Requirements. An Internet connection is required to use the Inbound Service for most Apps. You are solely responsible for any fees and costs associated with that Internet connection. If the App you're using is Sideline, then you acknowledge and agree that your cellular connection may be used for voice functionality of the Inbound Service and that you are solely responsible for cellular usage charges which you incur from use of the Inbound Service. Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the App. You are solely responsible for all fees and charges imposed by carriers and for compliance with your agreements with your wireless carrier. You hereby authorize and grant to Inbound Provider a license to use, copy, transmit, distribute, store and cache messages and other content sent and received through your Account with the Inbound Service, to sublicense those rights to its third party providers only for so long as necessary to provide the Service to you, and to disclose the same as required or permitted under applicable law. Inbound Provider may provide the Inbound Service to you directly or through its providers and/or agents, including but not limited to Licensor.
Limitations on Use. You acknowledge and agree that: (i) while the Inbound Service enables inbound SMS and inbound voice reception features, it does not have all the capabilities of wired and wireless communication services and, as such, it is not a replacement for your wired or wireless phone or telephone service; (ii) certain features may be limited, suspended, blocked or restricted by geography, number, duration or other criteria at any time and without liability to you; and (iii) you are limited to use of one phone number made available by Inbound Provider for inbound calls and for receiving SMS messages; no outbound calling or texting is available as part of the Inbound Terms. You acknowledge and agree that Licensor or Inbound provider owns the phone number associated with your use of the App and that you do not have any rights to transfer the phone number or to use the phone number separate and apart from the App. Inbound Provider, as holder of the phone number as registered with the applicable competitive local exchange carrier ("CLEC"), may reclaim the phone number associated with your account at any time and/or discontinue phone number availability at any time, in each case without liability to you, except that for paid Sideline accounts, Inbound Provider will not reclaim the phone number unless you fail to make payments as required or otherwise violate terms and conditions applicable to Sideline, or where reclamation is required by the CLEC or applicable law. You acknowledge and agree that: (i) you will use the Inbound Service only for yourself, with your true identity, and for lawful purposes and in compliance with applicable law; (ii) you may not transfer or assign your account or the phone number made available to you other than to Licensor; and (iii) you will not engage in any activity that interferes with or disrupts the Inbound Service.
Data. Anonymous Data and Personal Data may be provided to Inbound Provider by Licensor for the purpose of providing the Inbound Service to you. In addition, traffic and location data may be collected and are used to provide the Inbound Service and are stored in accordance with applicable law. You may have Inbound Provider remove your Personal Data from its systems as discussed in the Base Terms and by terminating your account as provided below.
Ownership. All rights, title, and interest, including all intellectual property rights, in and to the Inbound Service and phone numbers made available to you (collectively, "Pinger Property") are owned by Licensor or its suppliers and, as an express condition to your use of the Inbound Service, you hereby (i) agree not to claim, and expressly waive, any right, title or interest in any Pinger Property; and (ii) irrevocably assign to Licensor any and all or your present and future rights, title or interests in any Pinger Property.
Additional Terms. The Base Terms above and Additional Terms below are incorporated into these Inbound Terms by reference.
License. Subject to these Outbound Terms, Outbound Provider grants to you a license to use the Outbound Service solely for outbound SMS messaging and outbound voice communication, if such features are enabled through the App, in conjunction with the App.
Requirements. An Internet connection is required to use the Outbound Service. You are solely responsible for any fees and costs associated with that Internet connection. If the App you're using is Sideline, then you acknowledge and agree that your cellular connection may be used for the voice functionality of Outbound Service and that you are solely responsible for cellular usage charges which you incur from use of the Outbound Service. Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the App. The Outbound Service may use carrier SMS features on a limited basis and standard text messaging rates or other carrier charges may apply. You are solely responsible for all fees and charges imposed by carriers and for compliance with your agreements with your wireless carrier. You hereby authorize and grant to Outbound Provider a license to use, copy, transmit, distribute, store and cache all data sent and received through your use of the Outbound Service, to sublicense those rights to its service providers only for so long as necessary to provide the Outbound Service to you, and to disclose the same as required or permitted under applicable law. Outbound Provider may provide the Outbound Service to you directly or through its providers. You hereby acknowledge that Outbound Provider may collect, and you hereby grant to Outbound Provider the right to collect and use, Contact Data, Personal Data and Anonymous Data (as defined in the License) solely for your use of the Outbound Service and as otherwise required by applicable law. Licensor may serve as the agent of Outbound Provider to provide the Outbound Service and to make Voice Credits available to you.
Voice Credits. If made available to you, you may earn and/or purchase an Outbound Service access license to use outbound voice features ("Voice Credits") and/or may earn them through use of features enabled through the App. Depending on your version of the App, you may receive a positive Voice Credits balance upon registration, or you may use the Outbound Service without Voice Credits. In addition, from time to time Outbound Provider may provide Voice Credits as part of promotional or user engagement programs, with the amount, conditions and timing of such Voice Credits to be as determined by Outbound Provider in its sole discretion. Outbound Provider may suspend or terminate such programs without notice and without liability or further obligation to you.
If a U.S. or Canadian phone number is associated with your account, (i) one Voice Credit is applied to the first minute or partial minute of each call; and (ii)Voice Credits are applied in increments of one minute for each full or partial minute thereafter. When your Voice Credit balance is zero, you may not be able to make outbound calls.
Limitations on Use. You acknowledge and agree that: (i) the Outbound Service is a separate service offered by Outbound Provider and you do not need to utilize the Outbound Service to utilize the Inbound Service; (ii) the Outbound Service does not have all the capabilities of wired and wireless communication services and, as such, it is not a replacement for your wired or wireless phone or telephone service; (iii) depending on your App, texting of short codes may not be supported; (iv) where your device has cellular coverage, the App may enable emergency calling through your native phone application, but placing emergency service calls through the App is not supported and it is your responsibility to purchase, separately from the Outbound Service, and you represent that you have purchased and have available, wireless phone or fixed line telephone service that offers access to emergency services; and (v) certain features are may be limited, suspended, blocked or restricted by geography, number, duration or other criteria as determined by Outbound Provider at any time in its sole discretion and without liability to you. You acknowledge and agree that: (i) you may not transfer or assign your rights under these Outbound Terms; (ii) you will not engage in any activity that interferes with or disrupts the Outbound Service (or the servers and networks which are connected to the Outbound Service); and (iii) you will not transmit any communications that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that may violate or infringe the rights or privacy of third parties, as determined by Outbound Provider in its sole discretion. YOU ACKNOWLEDGE AND AGREE THAT OUTBOUND SMS MESSAGING MAY BE LIMITED BY OUTBOUND PROVIDER IF THE NUMBER OF OUTBOUND MESSAGES SENT EXCEED THE NUMBER OF INBOUND MESSAGES YOU RECEIVE. YOU CANNOT EXERCISE OUTBOUND VOICE FEATURES WITHOUT A POSITIVE VOICE CREDIT BALANCE. VOICE CREDITS (I) EXPIRE UPON TERMINATION OF YOUR ACCOUNT OR RECLAMATION OF THE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; AND (II) MAY BE SUBJECT TO EXPIRATION IF NOT USED WITHIN 180 DAYS UNLESS OTHERWISE RESTRICTED BY APPLICABLE LAW. VOICE CREDITS ARE NOT TRANSFERABLE OR REFUNDABLE. YOU ACKNOWLEDGE AND AGREE THAT (I) VOICE CREDITS ARE REVOCABLE AND CANCELABLE LICENSE RIGHTS AND DO NOT CONSTITUTE DIGITAL GOODS, CURRENCY, GIFT CERTIFICATES, STORED VALUE INSTRUMENTS, OR NON-CANCELABLE CREDITS OF ANY KIND; AND (I) YOU WAIVE, AND FOREVER RELEASE LICENSOR, OUTBOUND PROVIDER, INBOUND PROVIDER, THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM, ALL CLAIMS AND DAMAGES ARISING OUT OF ANY EXPIRATION OR TERMINATION OF VOICE CREDITS FOR ANY REASON.
Data. Anonymous Data, Contact Data and Personal Data may be provided to Outbound Provider by Licensor for the purpose of providing the Outbound Service to you. In addition, traffic and location data may be collected and are used to provide the Outbound Service and are stored in accordance with applicable law. You may have Outbound Provider remove your Personal Data from its systems by terminating your account as provided below.
Additional Terms. The Base Terms above and the Additional Terms below are incorporated into these Outbound Terms by reference.
App Store Terms. Purchases made within the App, if any, may be subject to App Store Terms. You acknowledge and agree that neither Licensor, Inbound Provider, nor Outbound Provider shall have any liability to you arising out of any payment issues for purchases made within the App and that you must resolve all issues in that regard with the payment processor.
Additional Terms for Paid Features. Licensor may make available paid features of an App (not including Sideline, which is discussed below) which include management tools not otherwise available in the basic version of that App, such as a "no ads" subscription or phone number reservation. If you purchase the voicemail paid feature, you acknowledge and agree that: (i) Licensor may transcribe or have transcribed by a third party, and store and have stored by a third party, voicemail messages, and to make transcriptions available to you, and that you hereby provide your express consent to the foregoing per the requirements of 18 U.S.C. §2702(b; (ii) Licensor, its affiliates, its service providers, and their respective officers, directors, employees, agents, successors and assigns shall not have any liability to you for any transcription errors; (iii) you may not use or copy such features, or any source code or documentation for the same; (iv) you shall not, and shall not allow or enable a third party to, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of those features; and (iii) you shall not, and shall not allow or enable a third party to, disclose or publish any benchmark or performance data regarding international calling features to any third party. FOR PAID FEATURES, YOU WILL BE CHARGED SUBSCRIPTION FEES UNTIL YOUR SUBSCRIPTION OR ACCOUNT IS CANCELED. NO FEES WILL BE REFUNDED TO YOU IF YOUR SUBSCRIPTION OR ACCOUNT IS CANCELED. YOU CAN CANCEL THE RECURRING SUBSCRIPTION THROUGH MECHANISMS MADE AVAILABLE BY THE APPLICABLE APP STORE. FOR SUBSCRIPTIONS PURCHASED THROUGH THE APPLE APP STORE, SEE https://support.apple.com/en-us/HT202039. FOR SUBSCRIPTIONS PURCHASED FROM GOOGLE PLAY, SEE https://support.google.com/googleplay/answer/2476088?hl=en.
Additional Terms for Sideline. FOR THE SIDELINE APP AND RELATED SERVICE (COLLECTIVELY, "SIDELINE"), THE FOLLOWING ADDITIONAL SECTIONS 1 THROUGH 4, AND SUBSECTIONS THEREUNDER, APPLY.
1. Voicemail transcriptions: Your version of Sideline may include voicemail transcription capabilities. If so, by using Sideline, you acknowledge and agree that: (i) Licensor may transcribe or have transcribed by a third party, and store and have stored by a third party, voicemail messages, and to make transcriptions available to you, and that you hereby provide your express consent to the foregoing per the requirements of 18 U.S.C. §2702(b; (ii) Licensor, its affiliates, its service providers, and their respective officers, directors, employees, agents, successors and assigns shall not have any liability to you for any transcription errors; (iii) you may not use or copy such features, or any source code or documentation for the same; (iv) you shall not, and shall not allow or enable a third party to, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of those features; and (iii) you shall not, and shall not allow or enable a third party to, disclose or publish any benchmark or performance data regarding international calling features to any third party.
2. International calling: Your version of Sideline may include international calling features. If so, by using Sideline, you acknowledge and agree that international calling is enabled through connections between Licensor and third party providers, and that Licensor, its affiliates, its service providers, and their respective officers, directors, employees, agents, successors and assigns shall not have any liability to you for any errors, delays, interruptions or failure of international calling features. You acknowledge and agree that international calls are subject to call time and geographic limitations and may be further limited and/or restricted by Licensor and/or Outbound Provider in its or their sole discretion at any time and without notice or liability to you.
3. Sideline with paid features and Sideline Enterprise: From time to time Licensor may make available paid versions or paid features of the Sideline App which include tools that allow you to manage native features of your phone with one of Inbound Provider's phone numbers dedicated to your account and not subject to reclamation except as provided in the Inbound Terms. Those features are not otherwise available in free versions of Licensor applications. Licensor may also make available account features which allow the use of multiple phone numbers by multiple individuals under one master account ("Sideline Enterprise"). The following provisions apply to such paid versions of Sideline and Sideline Enterprise (collectively, "Paid Accounts").
a. Subscription Period: The subscription period for Paid Accounts shall be as stated when you elect to establish the Paid Account ("Subscription Period"). The Subscription Period shall automatically renew for additional Subscription Periods of equal duration until you cancel your Paid Account or Licensor terminates your Paid Account.
b. Account Setup: Sideline Accounts are established by the individual Sideline Account holder. Sideline Enterprise Accounts are set up by a group administrator (the "Admin") who registers as the Admin, selects the quantity of phone numbers, and pays for the Subscription Fees. Licensor may limit, in its sole discretion, the number of Sideline Accounts that a single person or subscriber may establish or use, whether by preventing Account setup, by canceling Accounts, or otherwise. The Admin identifies members of the group by providing the name for each group member (each a "Group Member") and other optional information for each Group Member. Each Group Member can then set up his/or her Sideline subaccount (each a "Group Member Account") by following the account setup process for Group Members.
d. Sideline Enterprise Account Management: Using the Sideline Enterprise Account web management console, the Admin maintains exclusive control over the management of the Sideline Enterprise Account, such as adding or removing phone numbers. AS A GROUP MEMBER, YOU ACKNOWLEDGE AND AGREE THAT: (I) THE ADMIN MAINTAINS MANAGEMENT CONTROL OVER GROUP MEMBER ACCOUNTS; (II) THE ADMIN CONTROLS PORTING OUT OF PHONE NUMBERS FOR SIDELINE ENTERPRISE AND THAT NO GROUP MEMBER MAY PORT OUT PHONE NUMBERS CONTROLLED BY THE ADMIN; (III) THE ORGANIZATION WITH WHICH THE ADMIN IS ENGAGED IS THE HOLDER OF THE GROUP MEMBER ACCOUNT (THE "ORGANIZATION") AND HAS RIGHTS TO VIEW AND ACCESS CALL DETAIL RECORDS, CONTACT DATA AND OTHER INFORMATION ASSOCIATED WITH GROUP MEMBER ACCOUNTS, AND EACH GROUP MEMBER HEREBY GRANTS THE ORGANIZATION THE RIGHT TO DO SO, AND GRANTS LICENSOR THE RIGHT TO DISCLOSE SUCH INFORMATION TO THE ORGANIZATION UPON REQUEST; (IV) THE ADMIN CAN RETAKE THE PHONE NUMBER ASSIGNED TO YOUR SIDELINE ENTERPRISE GROUP MEMBER ACCOUNT; AND (V) LICENSOR, OUTBOUND PROVIDER AND INBOUND PROVIDER ARE NOT RESPONSIBLE FOR, AND WILL NOT HAVE ANY LIABILITY TO YOU FOR, ANY ACTIONS TAKEN BY THE ADMIN WITH RESPECT TO YOUR USE OF, OR INABILITY TO USE, SIDELINE.
e. Sideline Enterprise Account Downgrades: The Admin can downgrade the Sideline Enterprise Account to a regular Sideline account by removing all phone numbers associated with the Sideline Enterprise Account. Downgrades are implemented immediately and there are no refunds of Subscription Fees. IF YOU ARE A GROUP MEMBER, YOU ACKNOWLEDGE THAT YOUR PARTICIPATION AS A GROUP MEMBER, AND YOUR GROUP MEMBER ACCOUNT, CAN BE TERMINATED BY THE ADMIN AT ANY TIME.
f. Cancelation. To cancel your Sideline subscription, you must cancel the recurring subscription through mechanisms made available by the applicable App Store provider. For subscriptions purchased through the Apple App Store, in the "Settings" feature, tap "App and iTunes Stores," tap your Apple ID (you may need to sign in), under "Subscriptions" tap "Manage," tap the subscription you want to manage, and use the options to manage your subscriptions. See https://support.apple.com/en-us/HT202039 for detailed instructions on canceling your subscription. For subscriptions purchased through Google Play, go to payments.google.com, select "Bills and Accounts," and select the subscription you want to cancel. See https://support.google.com/googleplay/answer/2476088?hl=en for details on canceling your subscription.
To cancel your Sideline Enterprise subscriptions, you must send a cancelation notice via email to email@example.com.
4. Porting: Porting is enabled for Sideline only. By setting up a Sideline account, you are making a specific request to Licensor to establish a unique, confidential code to enable the porting process to port Inbound Provider's number associated with your account, with the code only released to you upon a porting request initiated by you. Porting requests may be commenced through the App and, for Sideline Enterprise, through the Sideline Enterprise web management console and only by the Admin. For porting in of phone numbers you will be required to provide specific information in order for Licensor to submit the porting request to your carrier. For porting out of phone numbers, you may request a port-out PIN code through the App or, for Sideline Enterprise, through the Sideline Enterprise web management console, and then contact the carrier to which porting is to be made. Porting out requires that the number is for a Paid Account, with at least a Subscription Period of one month, or that the number you are porting out is a number that you previously ported into Sideline, and that you have not previously ported out a number for the Sideline Account or the applicable Group Member of a Sideline Enterprise Account. You acknowledge and agree that: (i) porting in or out may each be subject to an additional fee as allowed by applicable law and that you shall be required to pay such fees as required by Licensor; (ii) phone numbers belong to the Inbound Provider and are available for porting as a feature of a Paid Account; and (iii) porting is coordinated through Licensor's local exchange carrier (the "CLEC"), so actual porting is not conducted by Licensor. Porting of phone numbers is subject to involvement, cooperation and consent of third parties, including the CLEC and the carriers from whom or to whom porting is requested. Consequently, porting processes may take considerable time and may not be feasible or allowed, or may be blocked or withheld by third parties and that Licensor, Inbound Provider and Outbound Provider shall not have any liability to you for any actions or failures to act by such parties. AS CONDITIONS FOR YOUR USE OF THE SIDELINE APP, YOU ACKNOWLEDGE AND AGREE THAT: (I) ANY PORTED OUT PHONE NUMBERS SHALL BE FOR YOUR PERSONAL USE AND WILL NOT BE RESOLD OR SUBLICENSED; (II) ONLY ADMINS MAY PORT OUT NUMBERS FOR SIDELINE ENTERPRISE ACCOUNTS; AND (III) INBOUND PROVIDER, OUTBOUND PROVIDER, AND LICENSOR SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR THE INABILITY TO EITHER PORT IN OR PORT OUT A PHONE NUMBER, FOR ANY DELAY OR ERRORS IN FULFILLING A PORTING REQUEST, FOR ANY PHONE NUMBER SUBSTITUTION, OR FOR ANY LOSS, COST OR EXPENSE ARISING OUT OF ANY OF THE FOREGOING.
Fair use. You agree that you shall not: (i) share your use of the phone number associated with your use of an App with a third party through any means, (ii) resell any phone number, Voice Credits or subscriptions for any App or Service, (iii) use the App or Service for call center operations, for calling phone numbers to generate income for you or a third party, for programmatic calling, or for unsolicited marketing or faxing or consumer research communications. You represent that your use of the App and Service shall comply with all applicable laws, rules and regulations.
Term and Termination. The License, Inbound Terms and Outbound Terms are effective until terminated by you or Licensor, Inbound Provider and/or Outbound Provider (as applicable). Termination of the License terminates the Outbound and Inbound Terms. Licensor may terminate the License and/or disable use of the App and Services at any time, for any reason, and without any liability to you or any obligation to return amounts previously paid by you, if any. Your use of the Inbound and/or Outbound Service may be suspended, terminated or restricted at any time, for any reason, and without any liability to you and without any obligation to return amounts previously paid by you, if any. You may terminate the License, Inbound Terms and Outbound Terms at any time, for any reason, by contacting firstname.lastname@example.org and stating that you are terminating your use of Apps and such termination will apply to all Apps and Services unless otherwise agreed upon by Licensor. Except for rights of Licensor which survive expiration or termination, upon termination your Account will be terminated by the next business day (Monday through Friday, excluding US federal and California state holidays) and the licenses granted to you shall cease any Voice Credits associated with your use of Apps will expire without refund or liability to you, and you shall promptly uninstall the Apps. The protections afforded to Licensor, Inbound Provider and Outbound Provider under the App Store Terms, sections in the License, Inbound Terms and Outbound Terms entitled "Ownership" and "Data," and all of the Additional Terms shall survive termination or expiration.
No Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP, THE SERVICES, THE INBOUND SERVICES AND THE OUTBOUND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER LICENSOR, INBOUND PROVIDER NOR OUTBOUND PROVIDER REPRESENTS OR WARRANTS THAT YOUR USE OF APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR. IF YOU ARE DISSATISFIED WITH ANY APP OR SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE APP AND SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER OR THIRD PARTY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability. YOU AGREE THAT LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR THE ACTIONS OF THIRD PARTIES IN CONNECTION WITH THE SERVICES. IN NO EVENT WILL LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER AND THEIR SUPPLIERS AND RESELLERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO USE OF APPS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR'S, INBOUND PROVIDER'S OR OUTBOUND PROVIDER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF TEN DOLLARS (U.S. $10.00). NOTHING HEREIN SHALL EXCLUDE OR LIMIT LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
Indemnification and Waiver. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER, THEIR SUPPLIERS AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THEM, HARMLESS FROM AND AGAINST ALL LOSSES, FINES, PENALTIES, CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF EXPERTS, RESULTING FROM (I) ANY VIOLATION OR BREACH OF THE LICENSE, INBOUND TERMS OR OUTBOUND TERMS BY YOU, (II) ANY ACTIVITY RELATED TO YOUR ACCESS TO OR USE OF AN APP, A SERVICE, THE INBOUND SERVICES OR THE OUTBOUND SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) OR ANY VIOLATION BY YOU OF AGREEMENTS WITH THIRD PARTIES, OR (III) THE AUTHORIZED USE AND PROCESSING OF DATA PROVIDED BY YOU OR OBTAINED FROM THIRD PARTY SERVICES AT YOUR DIRECTION OR WITH YOUR CONSENT.
Governing Law; Venue. The License, Inbound Terms and the Outbound Terms shall be governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Except for arbitration of disputes as set forth below, any dispute between the parties regarding the License, Inbound Terms or the Outbound Terms will be subject to the exclusive venue of the state and federal courts in the state of California of the United States of America in San Francisco, San Mateo and Santa Clara counties and the parties hereby consent to the exclusive jurisdiction and venue of such courts. You agree the United Nations Convention on Contracts for the International Sale of Goods (1980) terms are hereby excluded in its entirety from application to the License, Inbound Terms and Outbound Terms.
Arbitration. If you download an App for use in the United States, this "Arbitration" section shall apply. In in the event you have a dispute with Licensor, Inbound Provider or Outbound Provider, you shall first provide Pinger, Inc. with written notice of the dispute via mail or overnight courier to the attention of Customer Support, Pinger, Inc., 97 S. 2nd St., Ste. 200, San Jose, CA 95113, with such notice to include your name and contact information, a written explanation of the claim including all legal claims you intend to assert and each set of facts which support each of such claims, and the relief you're requesting. You agree that if any of your claims are omitted from that notice, you forever waive those claims and covenant not to assert them in any action or proceeding related to the License, the Inbound Terms or the Outbound Terms. The party with whom you have a dispute will attempt to resolve the dispute with you without further court action or arbitration.
Any dispute between you and Licensor, Inbound Provider or Outbound Provider, specifically excluding actions by any of them to enforce and protect their intellectual property rights in the App, the Inbound Service and/or the Outbound Service, shall be resolved through binding arbitration conducted through JAMS and the JAMS JA streamlined arbitration rules and procedures then in force (see www.jamsadr.com for additional information), with any such arbitration to be initiated in either Santa Clara County, California, or the federal judicial district where you reside, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply. The arbitration shall be commenced as an individual arbitration, and not in a class, representative, consolidated or action involving multiple plaintiffs. You shall not join or consolidate claims or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. Any arbitration will be confidential.
Arbitration does not involve a court or a judge; instead the arbitrator will follow the License, the Outbound Terms, and/or the Inbound Terms (as applicable) and applicable law and award relief in accordance with the same.
YOU MAY OPT OUT OF ARBITRATION BY PROVIDING WRITTEN NOTICE TO PINGER, INC. AT THE ADDRESS NOTED ABOVE, WHICH MUST BE RECEIVED NO LATER THAN THIRTY (30) CALENDAR DAYS FROM THE DATE OF YOUR ORIGINAL ACCEPTANCE OF THE LICENSE, THE OUTBOUND TERMS AND THE INBOUND TERMS WITH THIS ARBITRATION PROVISION INCLUDED. IF YOU DO NOT SEND NOTICE AS REQUIRED IN THE FOREGOING SENTENCE, YOU WILL NOT HAVE OPTED OUT OF ARBITRATION.
Severability; No Waiver. If any provision is deemed invalid or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect its intent, and the remaining provisions shall continue in full force and effect. The failure by either you or by Licensor, Inbound Provider or Outbound Provider to exercise or enforce any rights or provisions herein shall not constitute a waiver of such right or provision.
Entire Agreement. The foregoing sets forth the entire understanding and complete and exclusive statement of the agreements between you and Licensor, Inbound Provider and Outbound Provider and supersedes any proposal or prior agreements or understandings between you and such parties with respect thereto.
General. No rights granted to you may be assigned by you in whole or in part without the prior written approval of Licensor. Any assignment in violation of the foregoing shall be null and void. Licensor, Inbound Provider and Outbound Provider shall not be liable for any delay in the performance hereunder due to causes beyond its or their direct control, including but not limited to actions by third parties, an act of God, war or natural disaster. You have no third party beneficiaries. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of the License, Inbound Terms or Outbound Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. If you are accepting this Agreement from Canada, you agree to the following: The parties hereto confirm that it is their wish that this Agreement have been and shall be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord soient rédigés en langue anglaise
OPEN SOURCE SOFTWARE
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