- Terms of Service
Our Website Terms of Service
In order to use the Our Website API (the “Our Website API” or “API”), access the information contained on the Our Website website (the “Website”) or make use of the services provided by Our Website (the “Service” or “Services”), you (hereinafter referred to as “You”) must first read this agreement (the “Agreement”) and accept it. You may not avail Yourself of the Our Website API, Website or Services if You do not accept this Agreement and the terms therein. You accept the terms of the Agreement by clicking to accept, by agreeing to the terms of the Agreement in the user interface for any Our Website Service, or by using the Our Website API or Services. In the latter case, You understand and agree that we will treat Your use of the Services as acceptance of the terms from that point onwards.
The terms and conditions set forth herein may be amended in our sole and absolute discretion from time to time, and such amended terms and conditions shall be effective immediately upon posting to the Website. Your continued use of the Service after such posting will constitute acceptance by You of such amendments. It is Your responsibility to review these Terms of Service frequently and remain informed about any changes to them, so we encourage You to visit this page often.
1. Grant of Rights to Use Services
1.1 Subject to Your acceptance of and compliance with this Agreement and with the payment requirements for the Services, Our Website hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right and license during the Term of this Agreement in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by Our Website that augment or enhance the current Services shall also constitute “Services” and shall be subject to these terms and conditions. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any unauthorized third party to access the Services for any purpose whatsoever. All rights not expressly granted under this Agreement are retained by Our Website.
1.2 You may write a software application or website (an "Application") that interfaces with the Services. You acknowledge that we may change, deprecate or republish APIs for any Service or feature of a Service from time to time, and that it is Your responsibility to ensure that calls or requests You make to or via our Service are compatible with then-current APIs for the Service. Our Website will attempt to inform You of any changes with reasonable notice so You can adjust Your Application, but we are under no obligation to do so.
1.3 You and any Applications that You may build, distribute, or otherwise create may make network calls or requests to the Services, or may receive phone calls via the Service, at any time that the Services are available provided that those requests do not violate the terms of the Acceptable Use Policy or other terms of this Agreement.
1.4 You may not remove, obscure, or alter any notice of any Our Website trademark, service mark or other intellectual property or proprietary right appearing on the Website or contained within the Services.
1.5 Provided that You comply with the terms of this Agreement and our policies and procedures including the Acceptable Use Policy, You may use the Services to execute Applications owned or lawfully obtained by You. You are solely responsible for Your Applications, including any data, text, images or content contained therein.
1.6 You are personally responsible for all traffic originating from Your Applications using Your account credentials to the Services. As such, You should protect Your authentication keys and security credentials. Actions taken using Your credentials shall be deemed to be actions taken by You, with all consequences including service termination, civil and criminal penalties.
1.7 We may make available to You, for Your installation, copying and/or use in connection with the Services, from time to time, a variety of software, data and other content and printed and electronic documentation (the "Our Website Properties"). Subject to Your acceptance of and compliance with this Agreement, ongoing compliance with its terms and conditions with respect to the subject Service, and payment if and as required for Your right to use the subject Service, Our Website hereby grants to You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term of this Agreement in and under our intellectual property rights in the Our Website Properties, only to install, copy and use the Our Website Properties solely in connection with and as necessary for Your use of such Services, solely in accordance with the terms and conditions of this Agreement.
(a) The Our Website Properties may include, without limitation:
- The Our Website Website;
- Our Website APIs and Our Website Markup Language; and
- Specifications describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of a Service and its related APIs and technology.
(b) Our Website may make available under another license agreement, such as an open source agreement, additional content or software. Any such content or software will be clearly marked with such a license indicating the usage rights available for that content or software. For such content or software released pursuant to an open license, Our Website encourages You to modify, alter, tamper with, repair and/or create derivative works consistent with such license. Such content or software may include:
- Developer tools, such as software development kits or sample code, for use in connection with the APIs; and
- Articles and documentation for use in connection with the use and implementation of the APIs (collectively, "Documentation").
(c) Except as may be expressly authorized under this Agreement:
- You may not, and may not attempt to, modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Our Website Properties.
- You may not, and may not attempt to, reverse engineer, disassemble, or decompile the Our Website Properties or the Services or apply any other process or procedure to derive the source code of any software included in the Our Website Properties.
1.8 For purposes of this Agreement, Our Website hereby grants to You a limited, non-exclusive, non-transferable, non-sub-licenseable, revocable license during the Term of this Agreement to display the trade names, trademarks, service marks, logos, domain names of Our Website (each, a “Our Website Mark”) for the purpose of promoting or advertising that You use the Services, solely in accordance with the terms and conditions of this Agreement. In return You hereby grant Our Website a limited, non-exclusive, non-transferable, non-sublicenseable license during the Term of this Agreement to display Your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that You use the Services. In using Our Website Marks, You may not: (i) display a Our Website Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Our Website; (ii) use Our Website’s Marks to disparage Our Website or its products or services; or (iii) display a Our Website Mark on a site that violates any law or regulation. Notwithstanding the above, Our Website may determine in its sole discretion whether its marks may be used in connection with Your Application. Furthermore, we may modify any Our Website Marks provided to You at any time, and upon notice, You will use only the modified Our Website Marks and not the old Our Website Marks. Other than as specified in this Agreement, You may not use any Our Website Mark unless You obtain our prior written consent. All uses of the Our Website Trademarks and goodwill associated therewith shall inure to the benefit of Our Website.
1.9 The rights granted by us in this Agreement with respect to the Our Website Properties, the Our Website Marks and the Services are nonexclusive, and we reserve the right to: (i) act as a developer of products or services related to any of the products that You may develop in connection with the Our Website Properties or via Your use of the Services; and (ii) appoint third parties as developers or systems integrators who may offer products or services which compete with Your Application.
1.10 Subject to our commercially reasonable efforts and so long as Your account remains in good standing, data generated by Your use of the Service such as audio recordings and call log entries will remain available via our API for at least six months from the date such data was generated. Notwithstanding the above and without limitation to Section 7, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur with respect to loss of data associated with Your account and data therein.